Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
'It still resides in the States, and is to be exercised by them, and not
by the Government.' How is this?--Before the adoption of the
Constitution, the whole political power of each State resided in the
State: now, a large portion of it has been transferred, by the provision
for amending the Constitution, to the United States. How then can it be
said, that the whole still resides in the State? Of what consequence is
it whether the power has been conceded to the General Government, or to
the United States? Provided it be gone from the State, it is obvious
that the sovereignty of the State is equally impaired, whether it now
belongs to one or the other. The point which Mr. Calhoun wishes to make
out is, that each State now possesses all the political power which it
possessed before the adoption of the Constitution. It is admitted that a
large concession has been made. But, says Mr. Calhoun, the power thus
granted has been granted to the United States, and not to the General
Government,--therefore, it still remains in the possession of the
granting State! The owner of a tract of land conveys away a part of it
for a valuable consideration; but the sale being made to B. and not to
C., it follows, says Mr. Calhoun, that the whole remains in possession
of A.
If arguments like these were found in a document purporting to be a mere
specimen of forensic ingenuity, or in the speech of a legal advocate
who might be supposed to defend his client, whether he thought his case
a good one or not, we should conclude, at once, that the person
employing them had, from a consciousness of the weakness of his cause,
resorted expressly to ambiguous language, and loose sophistical
reasoning. But the document before us is of a very different character
and consequence. The subject which it treats is a great practical
question. The author,--no less a person than the Vice-President of the
United States,--has placed himself at the head of an enterprise, which,
according to the degree of purity and singleness of heart with which he
engages in it, must be regarded as in him the noblest exercise of
patriotism, or the highest offence known to the law. Such is the
individual, whom we find under such circumstances resorting for his
justification to a sort of language, which, in ordinary cases, would be
received as the obvious resource and undoubted evidence of
_insincerity_. We shrink from characterizing such a course in the way
which appears most natural, and gladly avail ourselves of the pointed
and fearless denunciation of Mr. McDuffie.
'A man, who will contend that our Government is a confederacy of
independent States, whose independent sovereignty was never in any
degree renounced, and that it may be controlled or annulled at the will
of the several independent States or sovereignties, can scarcely be
regarded as belonging to the present generation. The several independent
States control the General Government! this is anarchy itself.'
Public-domain text, read in full here on John Shaqi.
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