Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
In the course of our remarks, we shall generally employ the term
_annul_, in preference to the new-fashioned word _nullify_. The meaning
of the two, as given in the dictionaries, is exactly the same, but the
former is in better use, and presents to most minds a more distinct idea
than the latter. It is well known that one of the most frequent sources
of obscurity and confusion in reasoning, is the use of terms which, from
whatever cause, are in any degree vague; and we have very little doubt
that in the present controversy, the error of the Carolina statesmen may
be attributed in part to the unfortunate substitution of the new-fangled
terms _nullify_ and _nullification_, for the corresponding good old
English words _annul_ and _annulling_. Many a professed _nullifier_
would, we suspect, shrink from the assertion that a State has a right to
_annul_ an act of the General Government. Mr. Calhoun seldom employs the
latter term, and states expressly, that he does 'not claim for a State
the right to _abrogate_' an act of the General Government. Now,
according to Johnson, the meaning of _abrogate_ is to _take away from a
law its force_, to _repeal_, to _annul_. To _annul_, according to the
same authority, is to _make void_, to _nullify_, to _reduce to nothing_:
and finally, to _nullify_ is to _annul_, to _make void_. The meaning of
the three words, in correct usage, is exactly the same; and Mr. Calhoun,
in disclaiming the right of a State to _abrogate_ an act of the General
Government, really disclaims the right to _annul_ or _nullify_ such an
act, in any proper sense of those terms, and abandons in a single
sentence the doctrine which he is at so much pains to establish in the
rest of his exposition. In disclaiming the use of the word _abrogate_,
abstaining generally from that of _annul_, and taking refuge in what
Governor Lumpkin very properly calls the _mystical_ terms _nullify_ and
_nullification_, the Vice President has, we think, betrayed a secret
consciousness of the weak point in his cause.
The controversy is, however, not about words, but things. The right
which the Vice-President disclaims under the name of _abrogating_, but
claims for a State under that of _nullifying_ an act of the General
Government, is thus stated by himself in the letter alluded to above.
1. 'A State has a right, in her sovereign capacity in Convention, to
declare an unconstitutional act of Congress to be null and void; and
such declaration is obligatory on her citizens, and conclusive against
the General Government; which would have no right to enforce its
construction of its powers against that of the State.'
2. Upon the exercise of this right by a State, 'it would be the duty of
the General Government to abandon the power, at least as far as the
nullifying State is concerned, and to apply to the States themselves,
according to the form prescribed by the Constitution, to obtain it by a
grant.'
Public-domain text, read in full here on John Shaqi.
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