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
The report goes on and says the compact is the Constitution, to which
the States are parties. Then is defined what is meant by States. States
sometimes mean territories occupied by the political societies within
them, sometimes those societies organized into governments, and, “lastly
it means the people composing those political societies in their
highest sovereign capacity.” It says all will concur in the
last-mentioned, “because in that sense the Constitution was submitted to
the States, in that sense the States ratified it,” and in that sense
they are parties to the compact from which the powers of the Federal
Government result. Now, not forgetting it is the States, the people,
that are parties, is not this a declaration, an explicit one, that the
people of the several States made the Constitution, and not one
independent sovereign State with other independent sovereign States?
Then the report further says that the Constitution was formed by the
sanction of the States, given by each in its sovereign capacity. Taking
the definition of States as before given, this is merely an assertion
that in each State the people, who have the sovereign capacity,
sanctioned it. After this comes the rather obscure, and possibly
objectionable, doctrine. “The States,” meaning the people, “then, being
the parties to the constitutional compact, and in their sovereign
capacity, it follows of necessity that there can be no tribunal above
their authority to decide, in the last resort, whether the contract made
by them be violated, and consequently that as the parties to it they
must themselves decide in the last resort.”
Public-domain text, read in full here on John Shaqi.
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