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
Nor did it appear that any one of the Senators or the Representatives of
Kentucky ventured to lay before their respective Congressional Houses
the nullifying resolutions of that State, notwithstanding the injunction
contained in them to that effect.[75]
[75] Hildreth’s _History_, vol. v., 296.
Kentucky’s Legislature answered the resolutions of the other States
regretting the unfounded and uncandid suggestions in them derogatory to
her, and then declared an attachment to the Union. The Legislature none
the less resolved, that the several States that formed the Constitution
were sovereign and independent, having the unquestionable right to judge
of infractions, and that in such a case nullification was the rightful
remedy. The ending is not however that they nullify, but “this
Commonwealth does now enter against them” (the Alien and Sedition Laws)
“its solemn PROTEST.”[76] The protest in capital letters: and that is
all the State did.
[76] 4 Elliot, 545.
We come again to the Virginia resolutions. When that State, in answer to
her resolutions, received the indignant remonstrances of her sister
States, she felt obliged to defend her position. That defence was made
at great length in her General Assembly held the next year, 1799, by
Madison, the author of the resolutions and the chairman of the committee
to whom the communications of the other States had been referred. The
report which was adopted by the assembly, coming from Madison, the
principal constructor of the Constitution, should give no countenance to
nullification and secession. Upon examination it will be found that
there is none.
It begins with the very conciliatory and dignified statement that,
though there might be painful remarks on the spirit and manner of the
proceedings of the States who disapprove of the resolutions of Virginia,
it is more consistent with the dignity and duty of the General Assembly
to hasten an oblivion of every circumstance diminishing the mutual
respect, confidence, and affection of the members of the Union.
The explanatory report takes up, first, the resolution to maintain and
defend the Constitution of the United States and the warm attachment of
Virginia to the Union, and justly says no one can object to this.
The report next notices the assertion that the powers of the Federal
Government, as resulting from the compact to which the States are
parties, are limited by the plain sense and intention of the instrument
constituting that compact. This is merely, the powers of the United
States come from and are limited by the Constitution.
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