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
It is very much to be regretted that Mr. Henry Adams, in his very able
and interesting history of the United States, should have added his
great authority to this construction of the resolves. He says the
Republican and the Federalist parties “were divided by a bottomless gulf
in their theories of constitutional powers.” “The Union was a question
of expediency, not of obligation: this was the conviction of the true
Virginian school and of Jefferson’s opponents as well as of his
supporters, of Patrick Henry as well as of John Taylor of Carolina and
of John Randolph of Roanoke”; and “The essence of Virginian
republicanism lay in a single maxim--the Government shall not be the
final judge of its own powers.”
The resolutions of Virginia were understood by the other States as a
denunciation of the laws of Congress, not as an assertion of a right of
a State to interpose in their execution. Of the sixteen States,
ten--Hildreth informs us, a fact that seems to be now overlooked,
Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut,
Rhode Island, Massachusetts, New Hampshire, and Vermont--answered and
condemned them.[73] The resolutions of seven of these ten are in
Elliot’s _Debates_.[74] None of the other States supported them; indeed,
from Jefferson’s and Madison’s correspondence, they were afraid North
Carolina would also oppose them. The purport of the opposing
resolutions is well stated in the report of a Committee of the
Legislature of New York made in February, 1833, in the following words:
“These resolutions were met by several of the State
Legislatures to whom they had been communicated by counter
resolutions protesting against them with much warmth, chiefly
on the ground that the act of a State Legislature declaring a
law of the United States unconstitutional was in itself an
unconstitutional assumption of authority, and an unreasonable
interference with the exclusive jurisdiction of the Supreme
Court of the United States; accompanied in some instances, with
severe denunciation against their disorganizing tendency.”
[73] Hildreth’s _History of U. S._, vol. v., p. 296.
[74] 4 Elliot, pp. 532-9.
Some of the States argued the question of the constitutionality and
expediency of the Alien and Sedition Laws, and one State approved of the
able advocacy and demonstration of their validity and expediency by the
minority of the General Assembly of Virginia.
Of the States, whose resolutions are in Elliot’s _Debates_, two only,
New York and New Hampshire, mention the name of Kentucky. Apparently the
extreme viciousness of her doctrine escaped notice. In fact the
nullification doctrine, the right of each State to resist the execution
of United States laws, though asserted at the time by Kentucky, was
unnoticed or forgotten until brought to life again by South Carolina
thirty years afterwards. The right of secession was not suggested in the
resolutions of either Virginia or Kentucky.
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