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Caleb William Loring - Nullification, Secession, Websters Argument: And the Kentucky and Virginia Resolutions, Considered in Reference to the Constitution and Historically (Classic Reprint)

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Nullification, Secession, Websters Argument: And the Kentucky and Virginia Resolutions, Considered in Reference to the Constitution and Historically (Classic Reprint)
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Caleb William Loring
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Fb&c Limited
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Books / Politics
Year:
2015
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NULLIFICATION, SECESSION
WEBSTERS ARGUMENT
AND
THE KENTUCKY AND VIRGINIA RESOLUTIONS
CONSIDERED IN REFERENCE TO THE
CONSTITUTION AND HISTORICALLY

BY
CALEB WILLIAM LORING
G. P. PUTNAMS SONS

NEW YORK	LONDON
27 WEST TWENTY-THIRD STREET	24 BEDFORD STREET, STRAND

The Knickerbocker Press
1893
Copyright , 1893
BY
CALEB WILLIAM LORING
Electrotyped, Printed, and Bound by
The Knickerbocker Press, New York
G. P. Putnams Sons

PREFACE.

I was much shocked a few years ago, in reading a Life of Webster, by the statement of its able and distinguished author that really Hayne had the right of the argument in the renowned debate on nullification. In reply I prepared a statement of Websters argument. Besides what Webster had so ably said, I found in the Constitution itself other proofs of the nationality of our government, of the intent of those who made it to establish a nation, of their full belief that they had done so, and that, historically, there was no contention as to this.

The vital question is whether a national union was established by the States, or a confederacy of independent nations formed with the right of each to decide upon the validity of the acts of the General Government and leave it at its pleasure.

The superiority in men and wealth that gave the North the victory did not decide the right or wrong of secession: it may have shown its impracticability; but if the right ever existed it remains to-day.

There are many authors who have at great length discussed this matter on the side of the South, but the case of the North, it seems to me, has not been fully set forth. The idea appears to be creeping into history, a recent fad of some Northern writers and commentators, that the nationality of our government was a question from its inception, and that the United States Judiciary and Congress by assumptions have largely extended its powers.

The nation, as Pallas Athene full grown and armed from the brain of Zeus, sprang to life from the Constitution with the sovereign authority necessary for its existence and the power to enforce its rule. In the beginning there was no debate, no question of its nationality. The early commentators on the Constitution (and Story wrote three volumes upon that matter) did not even mention that there was a doubt of it.

To those who so often quote the Kentucky resolutions, it will perhaps be a matter of surprise to learn that their purport and existence were forgotten from the time they were promulgated until South Carolinas threat in 1830 of nullification.

That Virginian of Virginians, Patrick Henry, who so strenuously opposed his States adoption of the Constitution, struck the keynote, when he objected that it was We, the people, and not We, the States, that made the government. Later, when convinced of the wisdom of the adoption, and Virginia had shown by its resolutions its objections to the Alien and Sedition laws, and discontent at the rule of John Adams and the Federalists, he no less forcibly declared that Virginia owed an obedience to the laws of the United States.

It will be new to many that the Virginia resolutions do not in the least countenance the doctrine of secession and nullification: that the resolutions and explanations of them by the Virginia Legislature testify to an attachment and love of the Union, and a professed intent to strengthen and perpetuate it, and are, as they declare, only a protest against the assumption by the government of undelegated power.

In the belief that the right and might both prevailed in our civil war, and in full trust in that faith, these remarks are submitted to the people of our whole country.

Caleb William Loring.

CONTENTS

CHAPTER I.

PAGE

Webster and Hayne

Insistance of the South on the right of secessionBelief in this of English and of some Northern writersThe doctrine of Websters speech on nullification approved throughout the country except in South CarolinaHaynes doctrine and speechWebsters reply to Haynes attack on the Eastern StatesStatement of Websters argument in reply to Hayne and CalhounJacksons vigorous opposition to nullification, and his proclamation.

CHAPTER II.

The Nationality of the Constitution

The question is whether a national government or a confederacy of nations was made by the adoption of the ConstitutionThe doctrine of nullification and secession consideredThe State governments and the National government have limited powersThe foundation of our government was necessarily a compactThe compact was for a national governmentThe failure of the government of the Confederacy of the revolutionThe Constitution had the sanction of the Confederacy, of the State government and of the peoplePreamble of Constitution declares its perpetuitySupremacy of the Constitution over State judiciaries and lawsAll really sovereign powers given to United StatesRestriction of State powersPowers of States only localPeople of States or parts of States making war against the United States guilty of treasonOriginally States, like counties, were suable by the ConstitutionBy amendments to the Constitution the United States can assume any power over the StatesOther provisions giving the general government great power over StatesRestriction of States to prevent their making resistanceConstitution established a government over individuals not StatesAuthority of the judiciary.

CHAPTER III.

The Constitutional Convention Intended Nationality

Convention called to amend the articles of ConfederacyFirst resolution passed: the government should be supreme and nationalThe national plan offered by the Virginia delegation preferred and consideredThe New Jersey plan of a confederacy of the States with coercive power to compel obedienceHamiltons planThe Virginia plan again adopted. The United States adopted as the titleResolutions passed that there should be two branches of the legislature, the first to be chosen by the peopleLong controversy as to representation in Senate, settled by an equal representation of the States, the vote to be per capitaThis compromise of representation in Senate does not affect the supremacy of the granted powersResolution of Elbridge Gerry referring the plan of a national government to the committee of detail unanimously passedGovernment called national in many of the referred votesCommittee of detail report votes passed; the preamble declaring the government to be for posterityArticle against treason again debated and passed unanimouslyConstitution committed to committee of style and arrangementNew draft considered at length, adopted, and signed by delegatesDiversity of opinion as to durability, no suggestion that a State had a right to leave the UnionYates and Lansing left convention because the Constitution made a national governmentSatisfaction with it of Southern StatesWashingtons serviceFranklins happy speech at closeGeorge Mason did not sign, though efficient in making itConstitution submitted by State legislatures in each State to a convention of the peopleIts acceptance considered in long sessions of the conventions held in the several StatesEverywhere announced as a national governmentRatified as national in Massachusetts and VirginiaUnanimous opinion of convention of New York of its perpetuityAmendments of Constitution, passed to quiet apprehension as to its excessive powersEarly laws show a liberal construction of the powers of the governmentThe right of individuals to sue States taken away, but jurisdiction over States and disputes between States retainedInsurrection in Pennsylvania against excise law suppressedOpinion of Washington as to power of governmentAlien and sedition laws passed.

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