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
Following up Calhoun’s “inexorable logic,” that each State has a right
to pass its judgment on any act and law made by the United States, and
to decide whether it is invalid and null, if it be of opinion that it
exceeds the delegated authority, every citizen of South Carolina or of
any other State has a right to judge whether any law of that State be
invalid or null, as exceeding its delegated authority. For the State of
South Carolina under its Constitution, like the United States under its
Constitution, has only a limited delegated authority, and the
sovereignty, according to all the political writers, remains in its
people or voting citizens. Why cannot a voting citizen, or one of the
people of the State, maintain that, possessing the sovereign right of
all power, and being one of the parties who made the compact of the
State constitution, he can judge as to whether he has delegated the
power to make a certain law; and if he thinks he has not, why cannot he
defy the court and the State that undertakes to execute it? This would
at once put the State in the happy condition of Poland, and almost allow
the freedom claimed by a Chicago anarchist. The answer is evident, the
citizens owe an obedience to the laws that they establish over
themselves. They have, for the benefit of all, given to the judiciary
the right to judge of the extent of the delegated power. That the
doctrine of State sovereignty was unknown at the time South Carolina
promulgated it, is proved by Jackson’s proclamation. In it he speaks of
the hardness and inequality of the excise law in Pennsylvania, the
embargo and non-intercourse law in the Eastern States, the carriage tax
in Virginia. All these laws and the war of 1812 in the commercial States
were, he says, deemed unconstitutional, but yet they were submitted to,
and this remedy of nullification and secession was not suggested. “The
discovery of this important feature in our Constitution was reserved to
the present day. To the statesmen of South Carolina belongs the
invention.”[97] Indeed it was a question in South Carolina itself who
first discovered this doctrine of nullification. Dr. Thomas Cooper,
Jefferson’s old friend, was agreed upon as the author of its revival,
and was toasted as the father of nullification at Columbia, the capital
of South Carolina, at a Fourth of July dinner[98] in 1833. If the
Kentucky resolutions and the doctrine of nullification had not been
dead, and buried in oblivion, it is impossible that Chief-Justice
Marshall should have announced in the case of McCulloch against the
State of Maryland that there was a universal assent to the proposition
that the government of the Union, though limited in its powers, was
supreme in its sphere; that General Jackson, in a proclamation to the
whole country, could have declared its discovery was made by the
statesmen of South Carolina of that day; and that the nullifiers of
South Carolina should have toasted Cooper as its author.
[97] 4 Elliot, 584.
Public-domain text, read in full here on John Shaqi.
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