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
[83] A full account of this case, though well known and reported, is
not to be found in the histories. The case was referred to as the
Gideon Olmstead case in the debates in Congress at the time of South
Carolina’s threatened nullification in 1833. The account of the trial
of General Bright is taken from Carson’s _History of the Supreme Court
of the United States_, p. 213 and _seq._
Nor is this all of this matter. Pennsylvania, though finally yielding an
obedience to the United States, felt aggrieved, and suggested an
amendment to the Constitution, that questions arising between States and
the federal judiciary should be submitted to an impartial tribunal, and
sent the proposed amendment to Virginia.
The Legislature of Virginia appointed a committee to consider this
proposed amendment, part of whose report was, “that a tribunal is
already provided by the Constitution of the United States, to wit, the
Supreme Court, more eminently qualified, from their habits and duties,
from the mode of their selection, and from their tenure of office, to
decide the disputes aforesaid in an enlightened and impartial manner
than any other tribunal that could be created.” The resolutions
disapproving the proposed amendment were passed _unanimously_, both in
the House of Delegates and Senate.[84] Thus in January, 1810, only ten
years after her own resolutions and explanations, Virginia, instead of
giving countenance to the nullification doctrine of Kentucky, and
replying to Pennsylvania that, as a State, a party making the compact,
you have a right to judge whether the United States exceeds its
authority, declared that a fit tribunal for the trial of questions
between the States and the United States existed in the Supreme Court of
the United States, and that a better one could not be created. This
should be conclusive that Virginia republicanism in no way countenanced
nullification.
[84] Webster’s _Speeches_, 8th ed., 1850, vol. i., pp. 427, 428. See
part of report and resolutions of Virginia in Mr. Pinckney’s argument
in Cohens _vs._ Virginia, 6 Wheaton, Rep., 264.
Immediately after the commencement of his administration, Jefferson, and
Madison, the Secretary of State, entered into negotiations with France
for the acquisition of the province of Louisiana and the immense
territory belonging to it. The purchase was completed early in 1803, and
by it and for all time the power of the old States in the Union was
diminished. Even a liberal constructionist might have hesitated as to
its constitutionality. Jefferson himself had his doubts. Neither he,
however, nor any of his party took any measures to have an amendment of
the Constitution to sanction it. It was indeed a measure of vital
necessity, and acquiesced in by the people of all the States as such.
Public-domain text, read in full here on John Shaqi.
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