Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically — John Shaqi
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and HistoricallyLoring, Caleb William
History
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically
Loring, Caleb William
Nullification (States' rights); Secession
Jefferson himself asserted this right of a confederacy to coerce a
State, a party to an agreement, when he wrote to Cartwright that the
Confederate Congress should send a frigate and compel a State to pay its
quota. Washington was of the same opinion, when, in reference to New
Jersey’s refusal to pay her contribution, he wrote, “that counties in
Virginia and Massachusetts might oppose themselves to the laws of the
State in which they are, as an individual State can oppose itself to the
Federal Government.”[67]
[67] Washington’s letter to Dr. Wm. Gordon. Bancroft’s _History of the
Constitution_, vol. i., p. 320, Appendix.
See also in Jefferson’s _Works_, letter to Madison, April 16, 1781,
approving of coercion by a party to a compact.
The absurdity of the Kentucky resolutions[68] does not end with the
nullification theory. One would imagine the dispute would have been, who
did not write them, not who did. By the Constitution certain powers are
given to Congress, and the authority “to make all laws which shall be
necessary and proper for carrying into execution the foregoing powers.”
The power to punish three offences only is mentioned, but that Congress
had the power to enact all laws necessary to enforce and maintain its
authority is expressly given, and never had been questioned before these
resolutions.
[68] Kentucky resolutions, 4 Elliot, 540.
The authority of Congress is often illustrated by referring to the power
given “to establish post-offices and post-roads.” Under this brief
grant, Congress has passed laws punishing the robbing and obstructing
the mail, and breaking open letters, and has assumed the right of taking
of lands, and building post-offices, and doing everything requisite for
protecting, transmitting, and distributing mail matter. Congress has
also passed laws punishing the bribing of judges and of obstructing or
in any way interfering with judicial processes. In fact, it is difficult
to see how the government could go on without these powers to enforce
and maintain its authority. But this Kentucky Legislature resolved that
Congress had only the power to punish treason, counterfeiting the
securities and coin of the United States, and piracies and felonies
committed on the high seas, and offences against the laws of nations;
because the power to punish these three crimes was alone enumerated in
the Constitution. And it expressly enumerated two acts, one the Sedition
Law, and the other an act to punish forging or uttering counterfeit
bills of the Bank of the United States, “and all other their acts
(‘Congress’) which assume to create, define, or punish crimes other than
those enumerated in the Constitution, are altogether void and of no
force”; that the States only had this power each in its own territory.
Public-domain text, read in full here on John Shaqi.
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