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 State of Pennsylvania did resist and did pass laws and make military
preparations to enforce them. Here was a clear case of conflict between
a State and the United States as to the powers the State had given, and
where, according to the Kentucky resolutions, and according to
Jefferson, if he were the author, the State, as a party to the compact
of government, there being no umpire, could lawfully resist and insist
on the construction it gave to the case. While this conflict was
pending, the Republican party, which was predominant in the United
States Congress, both House and Senate, in order to enforce the
authority of the United States and the decision of its Court, passed an
act authorizing the President, in cases of insurrection or obstruction
to the law, to employ such part of the land and naval force of the
United States as shall be judged necessary. Jefferson signed this act in
1807, thus sanctioning the compelling of the obedience of a State to the
General Government.
It is to be observed that this took place in a case where the dispute
was as to the jurisdiction of the United States in a case between a
State court and the authority of the old Confederate Government. The
party of which Jefferson was the chief could have refused to enforce the
decision of the Supreme Court on what seems a plausible ground, that the
Constitution gave no power to the United States over the disputes
between the old Confederacy and the States; but neither Congress, nor
Jefferson by a veto, did this. They enforced the nationality of the
Confederacy and of the United States Government as its successor.
The carrying out of the decree of the United States Court was resisted
by the Pennsylvania State militia under General Bright, who had been
called out by the Governor under the sanction of the Legislature; the
United States marshal summoned a posse of two thousand men, and war was
imminent. Madison had now become President, and the Governor appealed to
him to discriminate between a factious opposition to the laws of the
United States and resistance to a decree founded on a usurpation of
power; but Madison replied that he was specially enjoined by statute to
enforce the decrees of the Supreme Court. The State yielded, and also
paid the money necessary to carry out the decree of the United States
Court. General Bright and his men were brought to trial for forcibly
obstructing the United States process, and were convicted and sentenced
to fine and imprisonment. Madison pardoned those convicted, and
remitted the fines on the ground that they had acted under a mistaken
sense of duty.[83]
Public-domain text, read in full here on John Shaqi.
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