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
In conclusion and in relation to these resolves the report says, nor can
declarations either denying or affirming the constitutionality of
measures of the government be deemed, in any point of view as assumption
of the office of the judge. They “are _expressions of opinion
unaccompanied with any other effect_ than that they may produce an
opinion by exciting reflection.” They “may lead to a change in the
legislative expressions of the general will--possibly to a change in the
opinion of the judiciary.”[77]
[77] 4 Elliot, 578.
“And there can be no impropriety in communicating such a declaration to
other States,” “and inviting their concurrence in a like declaration.”
Then it speaks of the legitimate rights of States to originate
amendments to the Constitution; that it was not improper or
objectionable in Virginia to ask the States to take “the _necessary and
proper measures_” to maintain the rights reserved to the States or
people; and that if the other States had concurred, “it can be scarcely
doubted these simple measures would have been as sufficient as they are
unexceptionable.” This is a statement that the resolutions were a mere
matter of opinion and that the laws complained of were unconstitutional,
and if the other States had been of the same opinion, the States might
have constitutionally remedied the evil.
Again is a repetition of the warm affection of the people of the State
to the Union, and the explanation calls to remembrance the part the
State had borne in the establishment of the “National Constitution,” and
subsequently of maintaining its authority without a single exception of
internal resistance or commotion, and a declaration that the people of
Virginia must be above the necessity of opposing any other shield to
attacks on their national patriotism, “that the resolutions themselves
are the strongest evidence of attachment both to the Constitution and
the Union.” “And as the result of the whole,” they adhere to their
resolutions and “renew their protest against Alien and Sedition acts as
palpable and alarming infractions of the Constitution.” Madison in a
letter to Edward Everett informs us the words, “not law but utterly
null, void, and of no force or effect,” which followed the word
“unconstitutional” in the resolutions as to the Alien and Sedition laws,
were struck out by consent, and also that, “the tenor of the debate
discloses no reference whatever to a constitutional right in an
individual State to arrest by force the operation of a law of the United
States.”[78]
[78] Madison’s letter to Everett, before referred to. Oct. No. _N.
Amer. Review_, 1830.
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