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 the national convention Gouverneur Morris said that the fisheries and
the Mississippi were the two great objects of the Union.[85]
Negotiations with Spain with reference to the navigation of the
Mississippi were constantly before the Congress of the Confederacy in
1787, this river being the only outlet for the products of Kentucky,
Tennessee, and of parts of Western Virginia and Pennsylvania, as well as
of the great then unsettled country beyond. There was a fear that the
inhabitants of this western territory might ally themselves with Great
Britain, because of her power to compel Spain to grant the right of way
to the sea; for it was recognized that the inhabitants of that country
would and must be a part of the power that held the mouth of the great
river. More than this, the Constitution itself provides for the
admission of new States, and the annexation of Canada had been
contemplated in the articles of the Confederacy.
[85] 5 Elliot, 526.
Josiah Quincy’s speech, in 1811, when the admission of Louisiana as a
State came up, is often quoted by Southern writers as justifying
secession. He said: “If this bill passes, it is my deliberate opinion
that it is virtually a dissolution of this Union; that it will free the
States from their moral obligation; and as it will be the right of all,
so it will be the duty of some, definitely to prepare for a
separation,--amicably if they can, violently if they must.”
This declaration does not contain any claimed right of a State as a
party to a compact to judge whether it has been broken, or of a
sovereign State to secede. It is an assertion that the government or
nation was so changed by the annexation of Louisiana as a State, from
territory formerly no part of the Union, that the other States had a
right to break it up. This opinion was not concurred in by the Governor
or Legislature or State of Massachusetts, which assented to the
admission of Louisiana.[86] Quincy’s declaration contains no assertion
of the sovereignty of a State, or right to secede at will. It admits
that separation, unless assented to, must be by force.
[86] H. Adams’ _History_, vol. v., p. 326.
It is impossible to reconcile the doctrine of the Kentucky resolutions
with those of Jefferson in his inaugural and with his whole policy
during his term as President. They are fundamentally different. It must
be remembered that his authorship of the Kentucky resolutions was not
then known.
Public-domain text, read in full here on John Shaqi.
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