Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
That the Government of the United States, though described as an agency,
is to all intents and purposes a real _Government_, is frankly admitted
by the Vice-President himself. 'In applying the term agent to the
General Government, I do not intend to derogate in any degree from its
character as a Government. _It is as truly and properly a Government as
are the State Governments themselves._ I have applied it simply because
it strictly belongs to the relation between the General Government and
the States, _as in fact it does also to that between a State and its own
Government_. Indeed, according to our theory, _Governments are in their
nature but trusts, and those appointed to administer them trustees or
agents to execute the trust powers_. The sovereignty resides
elsewhere,--in the people, and not in the Government.' 'The Constitution
of the United States, with the Government it created, is truly and
strictly the Constitution of each State, as much so as its own
particular Constitution and Government, ratified by the same authority
in the same mode, and having, as far as its citizens are concerned, its
powers and obligations from the same source.'
In these principles we fully concur, but in laying them down in this
distinct and unequivocal manner, the Vice-President has, as we humbly
conceive, conceded the whole matter in controversy, and given up every
inch of ground which he had to stand upon. If it could be made out that
the two Houses of Congress, the President, and the various executive and
judicial officers acting under them, are not a proper Government, but a
mere agency constituted by four and twenty mutually independent States
for certain specific objects, it would follow, not precisely that the
theory of nullification is true, for this, as we have seen, is, at least
as stated by the Vice-President in the document before us, not merely
unconstitutional, but in itself essentially impracticable, incongruous
and absurd:--but that any State which might be, for any or no reason,
tired of the arrangement, would have a perfect right, after such
consultation and advisement with the other parties as might be necessary
to secure their interests, to revoke its powers. But the moment it is
admitted that the two Houses of Congress, the President and the
executive and judicial officers acting under them,--by whatever name
they may be called,--are a _real Government_:--that the instrument by
which they hold their powers is a _real Constitution_, the case changes.
By the _Constitution of Government_, is meant, in every community, the
great _social compact_ which binds together the individual members into
one body politic or political society. Whatever may be its form,
character, or origin,--whether it be written or unwritten;--free,
limited, or despotic;--whether founded in force, fraud, or voluntary
association;--whether created by a number of previously independent
States or by a number of previously independent individuals, so long as
Public-domain text, read in full here on John Shaqi.
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