Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
Indeed the supposition that it can in any case be the duty of one or
more individuals to do an act which, if done by them at all, must be
done in pursuance of their own free and unbiased belief in its
expediency, is so obviously incongruous, that we really wonder how an
acute logician, as the Vice-President unquestionably is, could have been
led by any prepossession or political hallucination to admit it for a
moment. If it be really the duty, under the Constitution, of the
Legislature or of any branch or member of it to perform a particular
act, there is no room for the exercise of discretion. The thing must be
done. Thus it is the duty of the House to choose their speaker and other
officers. This is accordingly done at the opening of every new Congress,
as a matter of course, and it would be unconstitutional even to debate
upon the propriety of so doing. But a proposition to amend the
Constitution or any act performed in the ordinary exercise of the
Legislative power, must be, from its nature, the result of the free and
conscientious judgment of the President and a majority of the two Houses
of Congress upon its merits; and it is impossible that it can be their
duty, in any case, to decide in favor of a particular measure without
reference to its merits, when their own free and conscientious judgment
upon its merits is the precise and only rule which they are bound to
follow, in the decision of every question that is brought before them.
The process of nullification is therefore, in its most important points,
absolutely impracticable. This being the case, any consideration of its
constitutionality or expediency is superfluous. It is unnecessary to
inquire whether a plan, which cannot in the nature of things be carried
into execution, would or would not be constitutional or expedient if it
could. But the respect which we sincerely entertain for the talents and
character of many of the citizens who are engaged in this project, seems
to render it proper that it should be viewed under all its different
aspects. Let us therefore suppose, for the sake of argument, that the
project is practicable, and look at it in reference to its expediency.
Passing over as before the first step in the process, the effect of
which is less certain because the precise form in which it will be taken
is not yet known, let us as before proceed at once to the second, and
inquire how it will operate in the case immediately in question.
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