Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
'It may, however, be proper to notice a distinction between the case
of a single principal and his agent, and that of several principals
and their joint agent, which might otherwise cause some confusion.
In both cases, as between the agent and a principal, the
construction of the principal, whether he be a single principal, or
one of several, is equally conclusive; but, in the latter case, both
the principal and the agent bear a relation to the other principals,
which must be taken into the estimate, in order to understand fully
all the results which may grow out of the contest for power between
them. Though the construction of the principal is conclusive against
the joint agent, as between them, such is not the case between him
and his associates. They both have an equal right of construction,
and it would be the duty of the agent to bring the subject before
the principal to be adjusted according to the terms of the
instrument of association; and of the principal to submit to such
adjustment. In such cases, the contract itself is the law, which
must determine the relative rights and powers of the parties to it.
The General Government is a case of joint agency,--the joint agent
of the twenty-four sovereign States. It would be its duty, according
to the principles established in such cases, instead of attempting
to enforce its construction of its powers against that of the State,
to bring the subject before the States themselves, in the only form
in which, according to the provisions of the Constitution, it can
be, by a proposition to amend, in the manner prescribed in the
instrument, to be acted on by them in the only mode they can
rightfully pursue, by expressly granting or withholding the
contested power. Against this conclusion there can be raised but one
objection, that the States have surrendered or transferred the right
in question. If such be the fact, there ought to be no difficulty in
establishing it.'
Public-domain text, read in full here on John Shaqi.
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