Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
object of settling the construction of the Constitution attained? Quite
the contrary. Not a single step has been yet taken towards the
attainment of it. The refusal of the States to sanction the proposed
amendment, far from proving that the General Government does not,
according to their construction of the Constitution, possess the
disputed power, might be, and in many cases undoubtedly would be, the
result of their belief that the General Government already possesses it.
How, for example, could Pennsylvania, where the Legislature unanimously
believe that the General Government possesses the power to protect
domestic industry, sanction the proposal of an amendment intended to
confer that power? The refusal of the States to sanction the amendment
would therefore prove nothing at all as to their opinion upon the
meaning of the Constitution, and would leave the whole subject exactly
as it stood before. The Vice-President tells us, it is true, that if the
proposed amendment were not sanctioned by the requisite number of
States, no alternative would remain for the General Government, but the
permanent abandonment of the disputed power. But, with all due deference
to the judgment of Mr. Calhoun, we must be permitted to say that this is
a conclusion entirely without premises, or, in less technical language,
a naked assertion without proof, and we may add without even the
appearance of plausibility. If the States refuse to amend the
Constitution, it remains of course as it was before; and it is the duty
of the General Government, as it was before, to act upon their own
construction of its meaning, which is, by the supposition, in favor of
the reality of the contested power. As honest men, acting on their
official responsibility, they cannot possibly do otherwise; they would
be obliged to re-enact the law which, by the supposition, had been
repealed in reference to the nullifying State, and things would
proceed exactly as they did before. At the end of the process,
therefore,--supposing it even to result in the manner most favorable to
the Vice-President's view,--the whole subject would remain precisely as
it stood at the beginning. The affair would afford a new example of what
a foreign writer has called the system of _All Action and No Go_.
Public-domain text, read in full here on John Shaqi.
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