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
In these famed resolutions the Virginia State Assembly, professing a
determination to maintain and defend the Constitution of the United
States and of the State, and a warm attachment to the Union, declared
that the powers of the Federal Government were limited by the plain
sense and intention of the instrument constituting the compact the
States are parties to, and that in a case of a deliberate, palpable, and
dangerous exercise by the Federal Government of other powers not granted
by the instrument of the compact between the States, it is the right and
duty of the States, the parties thereto, to interpose and arrest the
evil and maintain their rights. It asserted, with deep regret, that the
Federal Government had enlarged its powers by forced constructions of
the constitutional charter which defines them, and that there were
indications of a design to consolidate the States into one sovereignty
and to transform the government into an absolute or at best a mixed
monarchy; that particularly the Alien and Sedition Acts exceeded the
powers delegated by the Constitution, and were subversive of the general
principles of a free government, and were expressly and positively
forbidden by the Constitution; that the good people of this
commonwealth, with the truest anxiety for establishing and perpetuating
the Union, and with the most scrupulous fidelity to the Constitution,
appeal to the other States to concur in declaring the acts aforesaid
unconstitutional, and in taking the necessary and proper measures, in
co-operation with Virginia to maintain the rights reserved to the States
or people.[72]
[72] Virginia’s resolutions and explanations, 4 Elliot, 528, 529, 546
to 580.
It is to be borne in mind that the declaration of Virginia is, “that in
a case of a deliberate, palpable, and dangerous exercise by the Federal
Government of other powers not granted”--(that is, in the case of
usurpations), it is the duty of the States, not the duty of a State, to
interpose and arrest the evil and maintain their rights. Certainly in
such cases some power should interpose, and if States can legally under
the Constitution interpose to remedy such an evil, there can be no
objection to such interposition. Indeed a usurpation of powers might be
so plain and serious as to justify rebellion.
There is apparently a belief amongst some writers since Von Holst
published his, so-called, _Constitutional History of the United States_,
that Virginia laid down the doctrine, that “States can interpose.” As if
it had been declared there was a right of States to interpose their
authority and prevent the United States from enforcing its laws. It is
in case of _usurpations only_ Virginia claims that it is a duty and
right _to interpose to redress this evil_. There is no statement how
States should interpose; no suggestion that the method should be other
than in the way the Constitution sanctions.
Public-domain text, read in full here on John Shaqi.
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