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
On examination we find, from the inception of Washington’s
administration until the inauguration of Lincoln, that, without
exception, the authority and supremacy of the laws and government of the
United States have been maintained and enforced by its courts over every
State, and every State government and judiciary, and every individual
therein:--Over Pennsylvania, as we have before set forth in the Gideon
Olmstead case, when the representatives of the State officer who had
disbursed prize money under the decision of the State Court were
compelled to repay it to the United States.[103] Over Kentucky itself,
in 1812, when the court maintained that a Kentucky State court had no
jurisdiction to enjoin a judgment of a court of the United States.[104]
Over Kentucky and Virginia, in a serious controversy about the validity
of the grants of those States.[105] Over Maryland, when the State
undertook to tax the branch of the United States Bank established in her
territory, on the ground that no State could tax the instrument employed
by the government in the exercise of its powers.[106] In this case
Chief-Justice Marshall declared: “If any one proposition would command
the universal assent of mankind, we might expect it to be this, that the
government of the Union, though limited in its powers, is supreme within
its sphere.” Even further, the United States Court interfered and took
from the State court of Virginia jurisdiction of the prosecution by that
great State of _one of its own citizens_ for illegally selling tickets
in a lottery, because the lottery had been authorized in the District of
Columbia and brought in question the validity of a United States
law.[107] Over Massachusetts, in declaring the embargo legal. Over New
York, when it declared illegal the State’s grants to Fulton, the
inventor of the steamboat, of the exclusive right of navigation of the
Hudson. Over Ohio, when the State insisted on taxing the branch of the
Bank of the United States, the court issuing its mandamus and compelling
the State’s Treasurer to obey its decree.[108] Over South Carolina, in
1829, not long before her threatened nullification, when the court
annulled the taxation by the city of Charleston of the bonds of the
United States, because it was an interference with the power of the
General Government to borrow money.[109] The disputes of States about
their boundaries often came before the Supreme Court and were settled,
the States appearing as parties. Indeed, such interference and control
were so frequent and so implicitly submitted to that Chief-Justice
Marshall said: “Though it had been the unpleasant duty of the United
States courts to reverse the judgments of many State courts in cases in
which the strongest State feelings were engaged, the State judges have
yielded without hesitation to their authority, while perhaps
disapproving the judgment of reversal.”[110]
[103] United States _vs._ Peters, 5 Cranch, 115.
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