Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
3. If the power thus applied for be 'granted, acquiescence then would be
a duty on the part of the State; and in that event, the contest would
terminate in converting a doubtful constructive power into one
positively granted: but should it not be granted, no alternative would
remain for the General Government but its permanent abandonment.'
Such are the three leading points in the _doctrine of nullification_, as
laid down by its principal champion. It will be perceived that they
contemplate not a single act, but a long and complex course of
proceedings, involving the agency not only of the nullifying State, but
of the General Government and of all the other States. The discontented
State _nullifies_ an obnoxious act: it then becomes the duty of the
General Government to cease to execute the act within that State, and to
apply to the States for the power in dispute: if the power be obtained,
it is the duty of the nullifying State to acquiesce: if not, the act is
definitively annulled.
Now, if all this be legal and constitutional, why do we find no mention
or hint of any part of it in the Constitution or the laws? As respects
the first and third steps in the proceedings, it may be urged, with some
plausibility, that the Constitution is silent, because it does not
undertake to regulate in any way the action of the States, as bodies
politic, or of their Governments. But what account can be given of the
silence of the Constitution upon the second step in the proceedings?
When a State has exercised the power of annulling an act of Congress,
it then becomes 'the duty of the General Government to abandon the
power, (by which Mr. Calhoun doubtless means to discontinue executing
the act) at least within the limits of the nullifying State, and to
apply to the States themselves in the form prescribed by the
Constitution, to obtain it by a grant.' Here is a two-fold duty of great
delicacy and importance, which, according to the Vice-President,
devolves, in a certain contingency, upon the General Government. The
General Government is bound to discontinue the execution of one of its
laws within a particular State, and the General Government is bound to
apply to the States, in the form prescribed in the Constitution, for a
grant of the power to pass such a law. Of all this the Constitution says
not one word. If the passage which we have quoted from the exposition
stood alone, we should, in fact, be entirely at a loss to know what the
Vice-President means in this place by _the form prescribed in the
Constitution_, as that in which the General Government is to apply to
the States for a grant of new powers: but from other parts of the
document, we gather that he alludes to the clause which prescribes a
form for amending that instrument. Now it is undoubtedly true that the
General Government might, if they should by constitutional majorities
deem it expedient, recommend to the States an amendment, which, if
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