Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
It has often been objected, and as we conceive with great justice, to
the pretensions of the Carolina politicians, that they contradict the
acknowledged principle of republican Government, that the will of the
majority should govern. That one State should undertake to annul the
proceedings of the whole twenty-four, is a thing plainly at variance
with this received and salutary axiom. In attempting to reply to this
objection, the Vice-President takes a distinction between what he calls
_absolute_ and _concurring majorities_. By the former, he understands
the numerical majority of the citizens taken in the aggregate; by the
latter, a majority of the different sections, classes or interests into
which they are divided. The absolute majority has, as he conceives, a
constant disposition to encroach upon the rights of the minority; and in
order to protect the sections or interests of which the minority is
composed, it is important that each of these sections or interests
should have a voice, as such, in the administration of the Government.
In this country the distinct sections or interests are chiefly the
States; and the doctrine of nullification, in authorizing a single State
to arrest the action of all the rest, although it contravenes the
principle of the absolute, is in perfect accordance with that of the
concurring majority. This latter principle is recognised, according to
the Vice-President, in the political institutions of most of the free
States of all periods. He cites particularly the case of Rome, where the
tribunes, representing the Plebeian class, had a negative upon the acts
of the Senate. In this country, he conceives it to have been the
intention of the framers of the Constitution, that the principle of the
absolute majority should prevail in the ordinary business of
administration, and that of the concurring majority in all questions
belonging to the formation, amendment or construction of the
Constitution. This is the great secret of the 'solidity and beauty of
our admirable system;' and the doctrine of nullification, which proceeds
upon this principle, instead of having a tendency to weaken this system,
on the contrary confirms and carries it into effect in one of its most
essential and salutary provisions.
Public-domain text, read in full here on John Shaqi.
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