Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
which the substitution of the more correct and intelligible term
_independent_ would have in part prevented.
To return, however, from this digression:--although we agree with the
Vice-President in the opinion, that the Constitution had its origin in
the will of the States acting as distinct communities, we cannot
acquiesce in the conclusions which he deduces from this fact, or admit
that, for the present purpose, it makes any difference whatever in the
case. Independent States may form themselves into a body politic, as
well as independent individuals. Such is in fact the historical origin
of most of the communities now existing throughout the world. They are
in general aggregations of smaller communities, previously existing in
an independent form. Where the States, so forming themselves into one
body politic, retain for certain purposes a distinct name and character,
their position in the body politic, of which they form a part, is
precisely the same with that of the individual citizens in an ordinary
community. This, as we have seen, is fully and distinctly admitted by
Mr. Calhoun himself. He admits that the General Government is as fully
and properly a Government as are the State Governments themselves, and
that the relation between the General Government and the States is
precisely the same with that between the Governments and citizens of the
States, or in general between the Governments and citizens of any other
community. How then can he possibly claim for the States a right of
annulling the acts of the General Government, when he certainly would
not think of claiming such a right for the citizens of the several
States, or of any other political societies, in reference to their
respective Governments?
It may be true, as Mr. Calhoun intimates, that a State Government has no
right to enforce its construction of the Constitution of the State
against the people of the State, appearing in their sovereign capacity;
or, more generally, that in our theories of government the people of any
country, acting in their sovereign capacity, have a right to construe,
alter or totally destroy the Constitution at discretion. But supposing
this to be true, would it follow that every individual citizen has a
right to annul the Constitution, or any part of it, at discretion?
Would Mr. Calhoun himself think of drawing such a conclusion, in
reference to the individual citizens of the States, or of other
communities?--Undoubtedly not. How then can he with the least regard for
consistency draw it in reference to the individual States, which, as he
tells us himself, stand in precisely the same relation to the General
Government, in which the individual citizens of the States and of other
communities stand in relation to their respective Governments?
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