Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
confederated for certain purposes, not subject to a common Government.
The Constitution, by which they subjected themselves to a common
Government, was the act which gave them the character of _one people_.
The form of distinct communities, under which they existed during the
period alluded to, may have been, as we agree with President Adams that
it was, an unfortunate expression of the substantial condition of the
population of this continent; but this is a question not of substance
but of form, and such undoubtedly was, for the time being, the form of
their political existence.
We are therefore disposed to agree with the Vice-President in the
opinion, that the parties to the great social compact, entitled the
Constitution, were not the individual citizens composing the whole
people of the United States, but the several distinct communities into
which they are divided, and which were at that time,--to use the
ordinary language,--sovereign and independent States. We may remark _en
passant_ that the phrase _Sovereign State_, which certain persons employ
so frequently and appear to consider as pregnant with important
political conclusions, though it may, perhaps, be sufficiently
authorized by usage to be received as good English, is not, in the
strict and proper use of language, admissible, and is therefore better
avoided in all precise and scientific discussion. The word _sovereign_
has the same etymology with _supreme_, of which it is another form, and
properly implies, as that does, comparison with something else. Thus the
_Supreme_ Being is the highest of all beings: the _Supreme_ Court is the
highest of all the Courts: the _Sovereign_ power in a State is the
highest political authority. But States, being as such politically
independent of each other, cannot in the nature of things stand towards
each other in the relation of superiority or inferiority, and can of
course be neither _sovereign_ nor _subject_. We find, accordingly, that
in the Declaration of Independence,--a document remarkable throughout
for great propriety in the use of language,--although it was once quoted
by Governor Hamilton, on some public occasion, as saying that the United
Colonies are, and of right ought to be, free, sovereign and independent
States, the word _sovereign_ is not employed. The language used is that
the colonies are, and of right ought to be, free and independent States.
As applied to States, the word _sovereign_, if it have any meaning at
all, can only mean _independent_. In this sense it is no longer
applicable to the several States composing the Union, which, since the
adoption of a common Government, are not politically independent of each
other. This is not a merely verbal criticism. Words are things; and we
strongly suspect that the frequent use of this incorrect, ambiguous,
and,--to recur again to the language of Governor Lumpkin,--_mystical_
phrase _Sovereign State_, has created a good deal of embarrassment,
Public-domain text, read in full here on John Shaqi.
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