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 explanation then defends the assertion in the resolutions, that
these assumptions of powers, extending the sovereignty of the United
States, supersede the sovereignty of the States in the cases reserved to
them, and that its result “would be to transform the republican system
of the United States into a monarchy.” This fear that the government
would by assuming undelegated powers end in a monarchy was the objection
to the Constitution made in the convention that formed it, and in the
conventions of the people of the different States when they adopted it.
And in the Virginia resolutions it is said to be “the general sentiment
of America.” It is further argued this great assumption of increased
prerogative and patronage of the President might enable him to secure
his re-election and regulate the succession and establish it as
hereditary. This fear of that day to us seems absurd; but in the days of
George the Third, and not so many years from the Stuarts, it had a more
plausible foundation.
The explanation further says, and it is in fact an admission of its
truth, “that it has been stated that it belongs to the judiciary of the
United States and not to the State Legislatures to declare the meaning
of the Federal Constitution.” “But a declaration that proceedings of the
Federal Government are not warranted by the Constitution is a novelty
neither among the citizens nor among the Legislatures of the States.”
The report then takes up and undertakes to defend the resolve, that the
government has manifested a spirit to enlarge its granted powers by a
forced construction of the Constitution. It instances especially the
Alien and Sedition Laws, and declares the Alien Law to be
unconstitutional, because it gave the President legislative and judicial
powers in addition to those of the Executive. The Act, it says, enabled
him to send out of the country, in times of peace, aliens, citizens of a
friendly nation whom he should judge dangerous to the public safety or
suspect of treacherous or secret machinations against the government,
giving him thus legislative power, making his will the law. He also is
the judiciary; without the oath or affirmation of an accuser, his
suspicion the only evidence to convict; his order the only judgment to
be executed. And this order may be so made as to deprive the victim of
the privilege of the _habeas corpus_.
The Sedition act was also claimed to be beyond the power of Congress for
many reasons, and emphatically because it punished by fine and
imprisonment false, scandalous, and malicious writings against the
government; thus abridging the liberty of the press, the provision in
the amendments of the constitution for which Virginia had been so
strenuous.
Public-domain text, read in full here on John Shaqi.
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