Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
And this being the case, it is apparent that, even if the acts which the
nullifiers propose to perform were justifiable, it would be on
principles other than those which they profess; that their theory would
still be erroneous, and their language incongruous and absurd. In
certain extreme cases, the citizen is justified in resisting the
execution of the law; but even then he has neither the right nor the
power to _annul_ or _repeal_ it. This is an operation, which from its
nature can only be performed by the same authority which enacted the
law, viz: the Government of the country. The supposition made by the
nullifiers, that in certain cases a citizen or a certain number of
citizens have a right to annul or repeal the law of the land, is not
merely an error, but a manifest absurdity, involving a contradiction in
terms. In the cases which justify resistance, the principle upon which
the citizen proceeds, is not that he has a legal or constitutional right
to annul or repeal the offensive law,--which is the doctrine of the
nullifiers,--but that he has a right, which he admits to be illegal and
unconstitutional, but which he claims as a natural one, to make a
violent opposition to its execution.
Such is the second 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. The General
Government, if it be an agency, is an agency of a peculiar kind, which,
from its nature, is not revocable at the discretion of the parties that
constituted it, which construes its own powers, and which has a right to
enforce its construction of them against that of its principals,
excepting in those extreme cases that authorize rebellion.
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