Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
It seems from these remarks that, according to the Vice-President's
notion of the proper mode of proceeding in a joint concern, if one of
the principals suspect that the common agent is exceeding his powers, it
forthwith becomes the duty--not of the principal, but--of the agent to
submit the doubtful question in regard to the construction of his own
powers, to the consideration of the other principals. The discontented
partner begins by disclaiming publicly his share of responsibility for
the acts of the agent. The agent then consults the other partners: if a
majority of them approve the proceedings of the agent, the discontented
partner is bound to submit: if not, the agent ceases to exercise the
disputed power. Thus, when the President and Directors of the Bank of
the United States employed Mr. Sergeant to perform a certain service for
them at London, if one of the Directors had happened to hear that that
gentleman was exceeding his powers, according to the construction put
upon them by this Director, it would have been the duty of the latter to
publish the fact in the newspapers, and to give notice to all the world
that he, as one of the Directors, would not hold himself responsible for
Mr. Sergeant's proceedings. The newspaper containing this notice would
in process of time have reached London, and Mr. Sergeant on reading it
would have been bound to write to the President of the Bank, informing
him that he had seen a notice to a certain effect in a Philadelphia
paper, and inquiring whether he had or had not mistaken the meaning of
his instructions. The President, on receiving Mr. Sergeant's letter,
would have been bound to call together the Board of Directors, and
submit the subject to their consideration. If the Board, proceeding in
the usual form of transacting business, had decided that Mr. Sergeant
had not exceeded his powers, it would have been the duty of the
discontented Director to withdraw his objections, and to give public
notice that he was ready to resume his share of responsibility. On the
other supposition, Mr. Sergeant would have ceased to exercise the
disputed power.
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