Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
that the acts of the General Government are paramount to those of the
States. It was by forming themselves into one body politic, and by
expressly stipulating with each other in the compact by which this body
politic was formed, that the acts of the General Government representing
it should be paramount to their own, that the States surrendered the
right of putting their own construction on the powers of the General
Government; and this is the foundation of the authority possessed by the
judges, when, by virtue of a different clause, they take cognisance of
cases arising under the Constitution, to decide, as they undoubtedly
must and would do, that any act of a State, whether in its sovereign or
legislative capacity, pretending to annul an act of the General
Government, is of itself, _ipso facto_, null and void.
Finally, says the Vice-President, 'it belongs to the authority which
imposes an obligation, to declare its extent, as far as those are
concerned on whom the obligation is placed. The obligation upon the
individual citizens of the United States to obey the laws, results from
the acts of their respective States, by which they became parties to the
Union; and a similar act of the same authority declaring the extent of
the obligation must be of equal authority, and of course releases the
citizen from the obligation which he came under, by the effect of the
former one.'
This is a point of great importance. It is here admitted, that the
individual citizens are under an obligation to obey the law which the
State is attempting to annul; but it is affirmed, that they may be
discharged from this obligation by an act of the State annulling the
law, _because_ the same authority which imposed the obligation upon them
has a right to release them from it. It is a matter of high concern for
all who wish to know, and knowing, mean to perform their _duties_, to
inquire how far this principle is true, or, if true, applicable to the
present case.
Public-domain text, read in full here on John Shaqi.
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