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
[104] McKim _vs._ Voorhies, 7 Cranch, 279.
[105] Green _vs._ Biddle, 8 Wheaton, 1.
[106] McCulloch _vs._ Maryland, 4 Wheaton, 316.
[107] Cohens _vs._ Virginia, 6 Wheaton, 264.
[108] Bank of U. S. _vs._ Osborn, 9 Wheaton, 738.
[109] Weston _vs._ Charleston, 2 Peters, 449.
[110] Cohens _vs._ Virginia.
These decisions of the United States Supreme Court were made by judges
appointed by all the political parties that had been in power, by those
in favor of a strict as well as a liberal construction of the
Constitution. Taney, a very eminent jurist, and his associates, judges
appointed by the political party predominant in the States that
attempted to disrupt the Union, held that the Constitution and the laws
of the government were paramount, and announced and maintained their
supremacy to the beginning of the rebellion over every State court and
State law and constitution.[111]
[111] See 22 Howard, 227; Sinnott _vs._ Davenport, 21 Howard, 506;
Ableman _vs._ Booth, 5 Howard, 134; Rowan _vs._ Runnells. In these two
last cases Taney and the Court put aside the decrees of the Supreme
Courts of Wisconsin and Mississippi, because they were in conflict
with the powers given to the United States; in the latter case,
overruling and even reversing the decision of the Supreme Court of
Mississippi as to when its constitution took effect.
The action of the State of Georgia in 1832, in a controversy between
that State and the United States Supreme Court, has been cited in
support of the theory that Georgia maintained the doctrine of State
supremacy. In that case the matter never came to an actual conflict. Why
the United States decision was not promptly enforced is a matter that it
is not here worth while to enter into.[112] It is sufficient to quote
the resolutions of the Legislature of the State in 1833, that she
abhorred the doctrine of nullification and deplored the revolutionary
measures of South Carolina and warned her citizens against adopting
that mischievous policy, to show that the State, in her opposition to
the christianizing of Cherokee Indians, did not question the supremacy
of the United States Government.
[112] General Jackson’s sympathy was with Georgia in this matter, and
he is reported as saying: “John Marshall has made the decision, now
let him execute it.” The missionary that Georgia had imprisoned was,
however, released by the State.
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