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
We all know how patiently and assiduously Lincoln tried to keep the
Southern States in the Union and how ineffectually; and when he found
that his effort was of no avail, with how firm a hand he wielded the
powers of the Executive. In Merriam’s case, he maintained his suspension
of the habeas corpus, although Chief-Justice Taney held it was illegal.
His decreeing freedom to the slaves of those in rebellion, as a war
measure, was an act of imperial power seldom surpassed. Our whole
history, as well as the epoch of the civil war, has proved how unfounded
was Hamilton’s fear that the government was not strong enough.
How wonderfully well the founders of our Constitution did their work, is
shown by the fact that so few amendments have been made, while the
constitutions of the different States have been changed again and again.
The ten articles declaring certain rights to be in the people were
adopted in 1791, then in 1798 the article taking away from the United
States the jurisdiction of suits of individuals against a State;
afterwards in 1804 two articles changing the manner of electing the
President and Vice-President. The theory of the founders of the
Constitution, that it would be best to leave to men of prominence as
electors to confer and choose those most fit for President and
Vice-President, has failed. The electors chosen by the people are
pledged to vote for candidates nominated at party conventions. After
these few amendments, none were passed until those as to slavery,
following the civil war.
A strict construction of the powers granted by the Constitution is a
“State’s rights” that those who believe in the supremacy of the National
Union can well favor. It is beyond human wisdom to enact laws of which
there can be no question; the decisions of the Supreme Court show how
hard it is to make a law whose constitutionality is not disputed.
Government would have been impossible, if the power had been in each
State to decide for itself as to the validity of every law passed and
every act of the General Government, and to secede at its will whenever
it chose. Yet this is the government that the South claimed our
forefathers established.
In forming the Confederacy of the Revolution, it was declared in its
articles that it was indissoluble; the same declaration is in the
Constitution when the States “formed a more perfect Union” than that of
the Confederacy “for ourselves and our posterity,” and were merged into
one Nation. This Constitution and the laws of the United States are
declared there, “as the supreme law of the land; and the judges in every
State shall be bound thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding.” Supreme over what, if not
over the States that should adopt it? Historically that supremacy has
been maintained and enforced by the United States Courts and Executive
and Legislature.
Public-domain text, read in full here on John Shaqi.
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