Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
arrangement among the States, and in which they will appear by their
ministers as independent powers. At such a meeting, the rule of deciding
questions according to the opinion of the majority has of course no
application. Although three-fourths or even all the States, except
Carolina, should agree that the compact had not been violated, she would
still be at liberty as a sovereign power to adhere to her own
construction, and to hold herself in future exempt from the obligation
imposed by the articles of union. Such, as we conceive, is the only
process consistent with the theory of nullification, which the
Vice-President, with submission to his better judgment, does not follow
out to its proper and natural conclusion. We find accordingly that
Georgia, who, although she has said but little about nullification, has,
to do her justice, practised it for two or three years past with a vigor
and consistency that rather put to shame the Carolina doctors of the
science,--having thought proper to consult the other Southern States
upon the propriety of assembling an anti-Tariff Convention,--instead of
depending upon the General Government to bring the subject before them
in the form provided for amending the Constitution, forthwith despatches
her ambassadors to their several seats of Government to communicate her
sovereign intentions, where, for aught we know to the contrary, they
have been carrying on their negotiations up to this day.
So much for the first reason, why the doctrine, that a principal has, in
ordinary cases, an unlimited right to construe the powers, and disavow
the acts of his agent,--were it even true, as we have shown that it is
not,--would in no way help the Vice-President's argument. Carolina is
one of a number of principals, composing a partnership concern; and if
she have any doubts about the propriety of the proceedings of the common
agent, her only course is to consult with her co-partners, and to
acquiesce in the opinion of the majority. But there is another reason
still more substantial, why the doctrine in question, even if true,
would be of no service to the Vice-President:--a reason leading at once
to the heart of the whole argument, of which the matters thus far
touched upon are merely the 'limbs and outward flourishes;' and that is,
that a Government, although it may in a certain sense be called an
agency, is an agency of a peculiar kind, carrying with it rights and
obligations, of which the nature and extent cannot be deduced by analogy
from those which are incident to the relation of agent and principal in
private life, and can only be determined by a correct analysis of the
structure of society and the original principles of the human
constitution.
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