Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
The first reason is that the General Government, if it be regarded as an
agency, is an agency for a joint concern, comprehending four and twenty
principals. Now if we admit that principals have an unlimited right to
construe the powers and disavow the acts of their agents, it is quite
obvious that, in the case of a joint concern, this right cannot belong
to any one of the partners acting separately from the others, but must
belong to the whole firm, expressing their intentions for this purpose
through the organs and in the form which they habitually employ for all
other purposes. But the proposition of the Vice-President is, that any
one State has a right, without consulting the other States, to nullify
at discretion any act of the General Government. That is, that any one
partner in the joint concern has a right, without even consulting his
co-partners, to construe the powers of the common agent in his own way,
and to assume or avoid, at discretion, his share of responsibility for
the acts which an agent may have performed in the name of the firm.
It is almost needless to say that this is not the principle on which
partnership concerns are generally managed, and that a partnership
concern, which should be managed on this principle, would not be likely
to possess unlimited credit or to carry on for any length of time a very
lucrative business.
The Vice-President anticipates this objection, and for the purpose of
meeting it has introduced the second and third points in his theory, as
stated at the commencement of this article. As the manner in which he
treats this part of the subject is quite curious, we shall quote his own
words.
Public-domain text, read in full here on John Shaqi.
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