Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
In what way the characters of sovereignty and independence are to be
reconciled with the obligation, not only to obey a Government possessing
certain specified powers, but to acquiesce in any extension of these
powers that may be agreed upon by certain other parties, without the
consent of the supposed sovereign and independent State, neither the
Vice-President, nor Gov. Hamilton, nor Gen. Hayne, nor Mr. McDuffie, nor
Mr. Turnbull, nor any other writer on the subject of nullification has
condescended to inform us. They all freely admit, that the States are
bound in ordinary cases to obey the laws made by the General
Government:--that even in the particular cases where they have a right
to nullify these laws, they are bound to submit to the decision of
three-fourths of the States; and that in general they are bound to
acquiesce in any extension of the powers of the General Government,
that may be agreed upon without or against their consent by
three-fourths of the States; but still maintain with one voice and an
air of honest wonder that any body can differ from them, that each State
is still, to all intents and purposes, as completely sovereign and
independent, as before the adoption of the Constitution. 'The several
States,' says the Report of the Columbia Convention, 'retain their
sovereignty unimpaired.' 'The States are as sovereign now,' says the
address to the people of Carolina, 'as they were prior to entering into
the compact.' It is admitted that 'a _foreign_ or inattentive reader,
(_Qu_: Is Mr. Turnbull a native citizen?) unacquainted with the origin,
progress and history of the Constitution, would be very apt, from the
phraseology of the instrument, (a pretty good ground, one would think,
for argument upon its meaning) to regard the States as having divested
themselves of their sovereignty, and to have become (_regard to have
become_, is not good English, Mr. Turnbull) great corporations,
subordinate to one Supreme Government.' 'But this,' it seems, 'is (would
be) an error.' 'The Federal Constitution is a treaty, a confederation,
an alliance,' the parties to which are 'so many sovereign States.'
General Hayne, in like manner, describes the States, in the address to
the people, as 'the sovereign States of the confederacy.' 'The
Constitution,' says the Vice-President in the exposition before us, 'is
as strictly and as purely a confederation, as the one which it
superseded.' 'The case of a treaty between sovereigns is strictly
analogous to it.' '_At the bottom_ of almost every misconception as to
the relation between the States and the General Government, _lurks the
radical error_ that the latter is a national, and not, as in reality it
is, a confederated Government.'
Public-domain text, read in full here on John Shaqi.
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