The Continental Monthly, Vol. 3 No 2, February 1863: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 3 No 2, February 1863: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
There is no difference between the doctrines or acts of Jefferson and
Jackson on this subject. Both admit nullification or secession as a
revolutionary measure; and the new doctrine of suspending a law by a
nullifying edict finds not the remotest support from Mr. Jefferson. In
his celebrated draught of the Kentucky resolutions, so much relied on by
Carolina, we have seen, he speaks of these powers of the people of any
State as 'a _natural_ right,' and so is revolution; and the cases to
which he refers are such as render a revolution unavoidable, namely, if
Congress pass an act 'so palpably against the Constitution as to amount
to an undisguised declaration that the compact is not meant to be the
measure of the powers of the General Government.' Is there now such a
case? if there is, revolution is justifiable. Why then ask any other
remedy than revolution for a case where revolution would be unavoidable?
And SECESSION IS REVOLUTION. But did Mr. Jefferson mean to say that
whenever any State should place its laws or Constitution, by
nullification or secession, in opposition to the laws of the General
Government, that the power of the General Government must not be
exerted? The very reverse. The act of Congress of the 3d of March,
1807, signed and approved by Mr. Jefferson as President, expressly
authorizes the President of the United States to 'employ such part of
the land and naval force of the United States as may be necessary' to
execute 'the laws of the United States.' Does this mean, as General
Hayne tells us in his proclamation, to execute the laws against
insurgents not sustained by any law of the State? No; this act was
passed at the very time when Pennsylvania was proceeding, by virtue of a
law of the State, to execute, by an armed force, the mandate of the
State in opposition to the mandate of the Federal authorities; and the
officer of Pennsylvania, acting under the mandate of the Governor and a
positive law of the State, was condemned for executing a law of the
State opposed to the mandate of the General Government, and only escaped
punishment by the pardon of President Madison: and thus falls the very
basis of the doctrine of nullification. Here is a commentary by Messrs.
Jefferson and Madison, demonstrating their entire concurrence with our
present Chief Magistrate. And, if any further evidence of Mr.
Jefferson's views were wanting, it is to be found in his letters,
already referred to, protesting against a separation of the Union, and
denying the right of a State to '_veto_' an act of Congress; and in many
other letters to be found in his memoirs, insisting upon the power even
of the old confederacy to exercise 'COERCION over its delinquent
members,' the States. 'Compulsion,' he says, 'was never so easy as in
our case, where a single frigate would levy on the commerce of a State
the deficiency of its contributions; nor more safe than in the hands of
_Congress_, which has _always_ shown that it would wait, as it ought to
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