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
No President until Lincoln, save perhaps Madison in his first
administration, had so troublesome a time as Jefferson in his second
term of office. The rights of the United States, a small, weak power,
were not only disregarded by England and France in their deadly
struggle, but decrees were issued confiscating property and vessels
engaged in what by the laws of nations is now universally held to be a
lawful trade. Great Britain impressed sailors from American vessels, and
one of her men-of-war arrogantly fought and captured a smaller United
States frigate, killing and wounding many of her crew, and taking from
the disabled ship her claimed subjects.
Jefferson’s great panacea to cure these evils and to bring England
and France to respect and grant our rights was the forcing of
non-intercourse on the high seas between the United States and all
foreign countries--an embargo on all shipping. By virtue of the power
in the Constitution to regulate commerce, Jefferson and his party
destroyed it. The vessels were left rotting at the wharves, and
ship-building and the many industries depending upon it and the sale of
the products of the country abroad were stopped. The New England States
suffered particularly by this arbitrary decree; they had an extensive
and flourishing neutral commerce; their merchants had amassed great
wealth. They, as Mr. Webster said, brought the matter to trial before
the United States Court; the case was decided against them, and they
submitted. No Northern State passed any resolutions affirming the
doctrine of its sovereignty and its right to judge of what seemed to
many “a deliberate, palpable, and dangerous exercise of powers not
granted” by the Constitution. Instead of asserting sovereignty to judge,
the Massachusetts Legislature passed in 1809 a resolve proposing an
amendment of the Constitution prohibiting the laying of an embargo
beyond a limited period. The measure failed because of not obtaining the
consent of the other States.
Public-domain text, read in full here on John Shaqi.
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