Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
It is properly a separate agency, established for specific
purposes by the same authority which for other purposes established the
Executive and Legislative branches. It has no community of interest,
direct or indirect, with these branches, and is in all respects the most
competent and capable, as it is the proper constitutional judge of the
extent of their powers, as defined by the great charter of the Union.
But waving this point, upon which we are aware that the Vice-President's
views would not agree with ours, and admitting for the moment and for
argument's sake, that the Supreme Court is not the proper tribunal to
decide in this case, the question still returns, Why resort to the form
provided for making amendments? This is a form, in which the States act
for a certain purpose within the pale of the Constitution. But this
whole process of _nullification_,--if not, as we believe it to be,
_unconstitutional_,--is at least, and is admitted to be by those who
approve it, _extra-constitutional_. The State of Carolina throws herself
back, (such is the received phrase) upon her _reserved rights_, and
undertakes to decide, in her capacity as an independent State and a
party to the Union, which she considers as a confederacy of independent
States, whether the compact has been faithfully observed. She satisfies
herself that it has been violated, and she now wishes to ascertain
whether the other States agree with her in opinion. But how are these
States to be consulted and to act in this matter? Obviously in the same
capacity in which Carolina proposes it. She appears in this affair as a
sovereign and independent power; as such she must address herself to the
other States, and it is only in their capacity as sovereign and
independent powers, resting on their reserved rights, that they
can receive and act upon her communication. The whole affair,
reasoning of course on the principles of the Vice-President, is
_extra-constitutional_. Why then resort to a process, intended for the
direction of the States while acting within the pale of the Constitution
for its ordinary purposes? The Vice-President, in proposing this course,
obviously forgets his own principles. The true one, on his system,
would be very different. Having taken her stand upon her reserved rights
and assumed the attitude of a sovereign power, Carolina should exhibit a
little more of the lion port and awe-commanding face. Instead of
resorting to a paltry humiliating process, which supposes throughout the
subordination of all the parties concerned in it to the common authority
of the Union, our _soi-disant_ sovereign, in order to be consistent,
should send ambassadors to all the other States to communicate the
business in hand. These again, being thus called on, must in like manner
throw themselves back upon their reserved rights, and assume, for the
time, the attitude of independent States. If a consultative meeting be
deemed expedient, it must be a congress of ambassadors held by
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account