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
Alabama declared nullification “is unsound in theory and dangerous in
practice”; North Carolina, that it “is revolutionary in its character,
and subversive of the Constitution, and leads to disunion”; Georgia,
“that we abhor the doctrine of nullification as neither a peaceful nor a
constitutional remedy,” and further declare, while they deplore the rash
and revolutionary measures of South Carolina, they warn their citizens
against adopting her mischievous policy.[102]
[102] State papers on nullification, collected and published in 1834
by order of the General Court of Massachusetts. The volume contains
the remonstrances of many State Legislatures besides those quoted. It
has also the ordinance of the South Carolina convention at the
adjournment, held March 19, 1833, in which the convention declared the
State’s nullification of the force bill of Congress of March 2d then
enforced: this declaration was mere _brutum fulmen_.
These were the opinions of the Southern States in 1833. So that at that
time, as a matter of history, South Carolina alone claimed the right of
nullification and secession.
We have before said it has been customary for the Legislatures of States
to pass resolutions declaring acts and laws of the United States--that
they are opposed to--unconstitutional, and therefore null and void; but
that these State resolutions do not make them so; that they are merely
the opinions of the Legislatures that pass them; that the decision,
whether laws of the United States or acts of its government are null and
void, rests solely with the judiciary of the United States.
Public-domain text, read in full here on John Shaqi.
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