Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
As respects the origin of the Constitution, we will therefore merely
remark, without enlarging on the subject, that we agree with the
Vice-President in the opinion that it derives its authority from the
States acting as distinct communities, and not from the aggregate mass
of the people of the United States. The latter theory receives some
countenance from the opening words of the preamble:--_We the people of
the United States_;--but is obviously inconsistent with the facts
attending the formation and adoption of the Constitution. Throughout the
whole proceedings, the States appeared as distinct communities. Those
States, which did not at first approve the Constitution, considered
themselves and were considered by the other States as at liberty to
remain without the pale, and actually did so remain for some years. This
could not have happened if all the States had previously constituted one
people, that is, one body politic. In that case the decision of the
body, in whatever form it might have been collected, must have been
obligatory upon all the members. Indeed, the preceding instrument of
Union, commonly called the Old Confederation, expressly recognises the
sovereignty and independence of the States, and describes the Union as a
league. The Congress which assembled under this Confederation was not a
General Government, but a meeting of delegates or ambassadors, in which
each State had an equal vote, and which merely recommended to the States
the adoption of certain measures, which being adopted by them and in
that case only, obtained the character and force of _laws_. It is
obviously impossible to reconcile this condition of things with the
theory, that the States, at the period immediately preceding the
adoption of the Constitution, constituted one people. We find
accordingly, that President J. Q. Adams, who, in his late Fourth of July
Oration, professes the doctrine that the acts of Union which preceded
the declaration of Independence combined the States into one people, and
that they never existed as separate sovereignties, treats the old
Confederation as a temporary departure from the true political system of
the country. In other words, he admits that the character of it is
inconsistent with his theory. But this Confederation, whatever may be
thought of its value, undoubtedly determined for the time being the
_actual_ relation of the parties to it. There is reason to suppose, from
the tenor of another late publication by Mr. Adams, that he considers
the union of Great Britain and Ireland as a departure from the true
political system of those countries; but he would probably not think of
maintaining, as a consequence of that opinion, that Ireland is at this
moment an independent State. On our view of the subject, therefore, the
States, from the period of the Declaration of Independence to that of
the establishment of the Constitution, existed, in form at least, as
distinct communities, independent of each other, and, though
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