Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
This being the true answer to this part of Mr. Calhoun's argument, it is
unnecessary to go at length into an examination of the doctrine of
absolute and concurring majorities. We shall therefore merely remark
that it is, as far as we have considered it, as incorrect and
unsubstantial, as it is novel. It is important, no doubt, that the
respective interests of the various territorial, professional, religious
and other sections of society should be, as far as may be convenient,
represented in the administration of the Government. This was the first
rude form, in which the great modern discovery of the principle of
_Representation_ in Government dawned upon the minds of our European
ancestors. The idea was acted upon in the political assemblies of the
middle ages, denominated States General and Parliaments, in which the
nobles, the clergy, the cities, the commons, and in some cases the
peasants had each a separate representation. But in these and all other
similar cases, the object was to obtain a concurrence of the different
classes of society in _making_ the law: nor do we believe that any
example can be produced, either from ancient or modern history, with
perhaps the single exception of the _Confederations_ of Poland, in which
the Constitution, written or unwritten, that is, the form prescribed by
express agreement or usage for _making_ the law, expressly authorizes
any individual citizen or class of citizens to _break_ the law. The idea
is obviously self-contradictory and absurd. The case of the tribunes at
Rome, to which the Vice-President alludes, is not in point. The tribunes
possessed, by law, a negative upon the acts of the Senate, precisely as
the President of the United States and the Governors of all the States
possess a qualified negative upon the acts of Congress, and the State
Legislatures. An act of the Roman Senate, which was negatived by a
tribune, never became a law, and of course could not be _nullified_.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account