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 to be noticed that the resolution carefully limits the decision of
the people or States to “in the last resort.” It does not define when
the last resort occurs. But the resolution (what the report is
commenting on) is, “that in case of a deliberate, palpable, and
dangerous exercise of other powers not granted by the said
compact”--that is, in cases of deliberate, palpable, and dangerous
usurpation--there is a right of the parties to the compact or government
to decide, to act, to resist that usurpation. This is a declaration of
the right of revolution; it is an assertion of that right in the last
resort,--when argument and reasoning fail; a right that Webster
admitted; the right that we the colonies claimed against Great Britain;
the right of resistance against deliberate, palpable, dangerous
usurpations of power; otherwise there is no redress for tyranny. No one
denies this right. If unsuccessful, it is rebellion, and punished as
such. So carefully, however, did Virginia assert this right that the
explanatory report itself calls attention to “guard against
misconstruction.” The interposition is not only to be in cases of
deliberate, dangerous, and palpable breaches of the Constitution, but
“to be _solely_ that of arresting the progress of the evil of
_usurpation_.” The resolutions do not even claim that in case of
usurpation _the binding compact of the government is broken up_, but
that the parties to it, which it has stated to be the people, should
solely interfere to arrest the evil. The report proceeds with the
statement that if there could be no interposition from _usurped_ powers
there is a subversion of rights recognized under State constitutions,
and a denial of the fundamental principle upon which our independence
was declared.
The report admits as true, “that the judicial department is in all
questions submitted to it by the forms of the Constitution to decide in
the last resort.” We have only to turn to the Constitution to see how
extensive is this submission. It is in all cases arising under the
Constitution and the laws made under it, in all cases in which States
are parties, in all cases where treaties or the United States are
concerned that it has this supreme power of judgment. This is precisely
the contrary doctrine to that of nullification.
Public-domain text, read in full here on John Shaqi.
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