Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
It is unnecessary, we trust, to pursue this discussion any farther. The
nullifiers, we repeat, scarcely attempt to reconcile their full and
express admissions, that the Constitution is a social compact, by which
the States have formed themselves into a body politic under a common
Government, which body politic possesses, under the amending clause, an
unlimited power over the political condition of its members, with the
assertion, openly and obviously inconsistent with these admissions, that
each State still retains its independence and sovereignty entire and
unimpaired. Their whole argument, such as it is, consists in the eternal
repetition of two ideas. The States were independent at the time when
they made the Constitution,--therefore they are independent now. A. and
B. were single persons at the time when they entered into a contract of
marriage, therefore they are single still. The precise and avowed object
of the contract, in both cases, is to put an end to the relation which
the parties previously held towards each other, and to substitute for
it another and a different one. Yet it is sagely concluded, that because
they held towards each other this relation, which it was intended to
terminate, before, they must of necessity hold it afterwards; and this
is the conclusion which the Vice-President and his followers declare
themselves determined to enforce upon the people of the United States,
if necessary, at the cannon's mouth!
What then, it may be asked, is in fact the situation of the States under
the Constitution? Are they mere corporations, like our cities and towns,
deriving all their powers from the acts of the Government under which
they are placed? Assuredly not. The States are the original parties to
the social compact, and are recognised in it as entitled to exercise a
certain portion of the legislative power. In the exercise of this power,
they are, as we have already remarked, just as independent of the
General Government, as the General Government is of them in the exercise
of the powers with which it is invested by the same Constitution. But
although the General Government has no authority over the State
Governments, the United States, besides the control which they exercise
through the General Government over the citizens of the States, also
possess, under the amending clause of the Constitution, an almost
unlimited control over the political situation of the States themselves.
Under these circumstances, it is obvious, that the States, though
holding, not by law, but by an original right recognised in the
Constitution, the legislative power which they are entitled to exercise,
have yet no pretensions to sovereignty or absolute political
independence, and that, the only sovereign power, recognised in our
institutions is that of the people or body politic of the United States.
Public-domain text, read in full here on John Shaqi.
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