Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
it is and is admitted to be a real _Constitution of Government_, it
carries with it certain incidents which belong to it as such, and which
are inseparable from its nature. Of these incidents, essential
properties or characteristics of the _social compact_, the first in
order are that the parties to it have not a moral right to withdraw from
it at discretion, or to construe at discretion the powers of the
Government created by it, but are bound to remain parties to it, and to
acquiesce in the acts of the Government created by it, excepting in
those extreme cases which justify open rebellion. These are principles
universally acknowledged. No one has ever questioned them; no one has
ever undertaken to maintain that the members of a political society have
a right to withdraw from it at discretion, or that the laws of the land
are not in ordinary cases binding on the citizens. The principle is
equally true under all forms of government, as the Vice-President
himself very correctly intimates, when he states that the relation
between the General Government and the States is the same with that
between the States and their own Governments, or in general between all
Governments and the societies in which they are established.
Such are the principles which, by _universal acknowledgment_, determine
the relations between Governments and the political societies in which
they exist. When therefore the Vice-President fully and formally admits
that the two Houses of Congress, the President, and the executive and
judicial officers acting under them are a _real Government_;--that the
instrument by virtue of which they hold their powers is a real
_Constitution_ or _social compact_, he admits,--if he choose at the same
time to describe them as an agency,--that they are an agency which the
parties that constituted it, whether States or individuals, have not a
right to revoke at discretion; an agency which construes its own powers,
and has a right to enforce its own construction of them upon its
principals, excepting in the extreme cases which justify a _violent
resistance to the law_: he admits that nullification is either wholly
unjustifiable or justifiable only as _resistance_: he admits, in a word,
that nullification, if it have any proper and intelligible meaning at
all, is only another name for _rebellion_. This is, in fact, the real
truth of the whole business.
Public-domain text, read in full here on John Shaqi.
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