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
There are many followers and admirers of Jefferson who maintain that he
did not take the same view of the Kentucky resolves as the nullifiers of
South Carolina. Robert J. Walker, the distinguished financier and
Secretary of the Treasury in Polk’s time, in an article on nullification
and secession, in the February number of the _Continental Monthly_,
published at Philadelphia in 1863, gives what he alleges are Jefferson’s
views, and says that they were opposed to nullification and secession.
Indeed, the Kentucky resolves do not claim the right of secession; they
do not follow out their premises to its logical conclusion. They do not
declare or recommend that the State should treat the Alien and Sedition
laws as null and void, though in their reply to the other States they
say a nullification is “the rightful remedy.” They carefully let it be
known they only protest. That Jefferson did not carry this theory of the
Kentucky resolutions to the right of secession, is perhaps shown by his
correspondence when the acceptance of the Constitution was pending in
Virginia. Even at the time of the Kentucky resolutions he speaks of the
“scission” of the States, and about 1820, during the period of the
Missouri dispute, he again alludes to the “scission,” if it should come,
as geographical. He would hardly have used this word, implying a cutting
or tearing asunder, if he had believed in a right of secession.
Jefferson had not the cool, dispassionate judgment of Washington. He was
a violent partisan. He believed the federalists were striving for a
monarchy; he spoke of the great Chief-Justice Marshall, when he
disagreed with a decision made by him, as a sly old fox. Both Jefferson
and Madison were displeased with the rulings of Marshall on the trial
of Burr for treason. The reason of their displeasure was the strict
construction the Chief Justice gave to the law punishing that offence,
not the too liberal wielding of the judicial powers. The enactment of
the Alien and Sedition laws and their enforcement were to Jefferson
outrageous violations of liberty, and of the very amendments to the
Constitution for which Virginia and Massachusetts and New York had been
so persistent. He believed that the federal party was determined to
keep possession of the government by crushing out the freedom of the
press and the people. To oppose this, to prevent what he thought was a
tyrannical abuse of authority with the intent of perpetuating itself,
he was willing to put to question the fundamental authority of the
government to pull down the whole structure. He found that his own
State, Virginia, did not acquiesce in the doctrines of Kentucky. By a
letter of his of the date of November 17, 1798, it appears he sent a
draft of the Kentucky resolutions to Madison, saying that we should
distinctly affirm all these important principles, not however stating
that he was the author. When he came into power, if he thought of the
Public-domain text, read in full here on John Shaqi.
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