| CHAPTER I. |
| PAGE |
| Webster and Hayne | [1] |
| Insistance of the South on the right of secession—Beliefin this of English and of some Northernwriters—The doctrine of Webster’s speech on nullificationapproved throughout the country except inSouth Carolina—Hayne’s doctrine and speech—Webster’sreply to Hayne’s attack on the Eastern States—Statementof Webster’s argument in reply to Hayneand Calhoun—Jackson’s vigorous opposition tonullification, and his proclamation. |
| CHAPTER II. |
| The Nationality of the Constitution | [24] |
| The question is whether a national government or aconfederacy of nations was made by the adoption ofthe Constitution—The doctrine of nullification andsecession considered—The State governments andthe National government have limited powers—Thefoundation of our government was necessarily acompact—The compact was for a national government—Thefailure of the government of the Confederacyof the revolution—The Constitution had thesanction of the Confederacy, of the State governmentand of the people—Preamble of Constitutiondeclares its perpetuity—Supremacy of the Constitutionover State judiciaries and laws—All really sovereignpowers given to United States—Restriction ofState powers—Powers of States only local—People ofStates or parts of States making war against theUnited States guilty of treason—Originally States,like counties, were suable by the Constitution—Byamendments to the Constitution the United Statescan assume any power over the States—Other provisionsgiving the general government great powerover States—Restriction of States to prevent theirmaking resistance—Constitution established a governmentover individuals not States—Authority of thejudiciary. |
| CHAPTER III. |
| The Constitutional Convention IntendedNationality | [51] |
| Convention called to amend the articles of Confederacy—Firstresolution passed: the government shouldbe supreme and national—The national plan offeredby the Virginia delegation preferred and considered—TheNew Jersey plan of a confederacy of the Stateswith coercive power to compel obedience—Hamilton’splan—The Virginia plan again adopted. TheUnited States adopted as the title—Resolutionspassed that there should be two branches of the legislature,the first to be chosen by the people—Longcontroversy as to representation in Senate, settledby an equal representation of the States, the vote tobe per capita—This compromise of representationin Senate does not affect the supremacy of thegranted powers—Resolution of Elbridge Gerry referringthe plan of a national government to thecommittee of detail unanimously passed—Governmentcalled national in many of the referred votes—Committeeof detail report votes passed; the preambledeclaring the government to be for posterity—Articleagainst treason again debated and passedunanimously—Constitution committed to committeeof style and arrangement—New draft considered atlength, adopted, and signed by delegates—Diversityof opinion as to durability, no suggestion that a Statehad a right to leave the Union—Yates and Lansingleft convention because the Constitution made anational government—Satisfaction with it of SouthernStates—Washington’s service—Franklin’s happyspeech at close—George Mason did not sign,though efficient in making it—Constitution submittedby State legislatures in each State to a conventionof the people—Its acceptance considered in longsessions of the conventions held in the several States—Everywhereannounced as a national government—Ratifiedas national in Massachusetts and Virginia—Unanimousopinion of convention of New York ofits perpetuity—Amendments of Constitution, passedto quiet apprehension as to its excessive powers—Earlylaws show a liberal construction of the powersof the government—The right of individuals to sueStates taken away, but jurisdiction over States anddisputes between States retained—Insurrection inPennsylvania against excise law suppressed—Opinionof Washington as to power of government—Alienand sedition laws passed. |
| CHAPTER IV. |
| Kentucky and Virginia Resolutions | [88] |
| Jefferson reputed author of Kentucky resolutions—Slightnotice taken of Kentucky resolutions—Resolutionsare merely the opinion of the legislaturepassing them—Kentucky resolutions declare theStates being united by compact, each has a right topass on the validity of the laws and doings of governmentmade by the compact—The compact of theConstitution is to leave to the United States judiciarythe determination of the validity of all laws and cases.Right of contracting powers to compel performanceby a party refusing to keep its contract—Further absurdityof Kentucky resolutions in denying the validityof all punitive laws passed by Congress except foroffences mentioned in the Constitution—Virginia’sresolutions fundamentally different—Madison neversanctioned nullification—Resolutions of Virginia—Theyare: in case of usurpation it is the duty of theStates, not a State, to interpose to redress the evil—Thisnot an assertion that States could refuseobedience to the laws—Opposing declarations ofother States—Kentucky replied to the resolutions ofother States by protest, not by nullification—Virginia’sexplanation to counter-resolutions of the other Statesdrawn by Madison—The reply conciliatory—Itaffirms the Constitution is the compact to which theStates are a party—It defines States as meaningpeople of the States—The right to resist in the lastresort is a claim of right of revolution—The right tointerpose exists only in usurpation of powers and forthe sole purpose of arresting the usurpation—Admittedthe judiciary is to decide on all questions submittedto it—The assumption of undelegated powersstated to be dangerous to liberty—Alien and seditionlaws declared to be unconstitutional—These resolutionsare merely opinions—No objection to sendingthem to other States—May possibly influence opinioneven of the judiciary—The request of Virginia toother States to join her in constitutional ways tomaintain their rights not objectionable—Resolutionsasserted to be strongest proof of the attachment ofVirginia to the Constitution and Union—The resolutions,perhaps partisan, but do not assert thedoctrine of nullification—Resolutions before the explanationalarmed Washington and Henry who vigorouslyattacked them—Henry’s declaration thatVirginia owed the same obedience to United Statesas one of her counties did to her. |
| CHAPTER V. | |
| Supremacy of Constitution Maintained | [116] |
| Doctrines of Jefferson’s inaugural—Serious conflictin the Gideon Olmstead case—Jefferson signed anact authorizing the use of the army and navy againsta State—The United States jurisdiction enforcedagainst Pennsylvania—Unanimous objection of legislatureof Virginia to taking from the Supreme Courtits exclusive jurisdiction in cases where States wereconcerned—Purchase of Louisiana by Jefferson—JosiahQuincy’s speech a threat of rebellion, not aclaim of right of secession—Sayings and acts ofJefferson opposed to nullification and secession—Jefferson’sdirection that the Federalist should be thepermanent text-book of the University of Virginia—Thesubmission of New England to the embargo—TheHartford convention passed no resolves assertingState rights; it proposed amendments to the Constitution—Supremacyof the government always maintained. |
| CHAPTER VI. |
| Calhoun, Jackson, and National Government | [134] |
| Calhoun in the beginning a leader and advocate ofnational views in the House of Representatives—Sectionaldivision of States on the question of slavery—Missouricompromise—Calhoun’s change of opinion—Thenullification of South Carolina—Calhoun’s“inexorable logic” considered—The doctrine ofnullification not asserted from time of the Kentuckyresolves until revived by South Carolina—Jackson’sproclamation—His firmness—His experience in politicalmatters as lawyer, legislator, and judge—Congresspassed a force bill to collect duties—Act reducingduties also passed—Strong resolutions of legislaturesof the Southern States against nullification—Supremacyof the government maintained by judgesappointed by all the political parties in every caseand over all the States—Judgments of State courtsconstantly reversed until the time of the civil war—Itis Congress, not the court, that makes the laws—JudgeStory—History after the threatened nullificationof South Carolina—Legislation and decision ofSupreme Court extending slavery—The South’spreparation for disruption of the Union—Virginiaopposed the government without passing an ordinanceof secession—Military academies of Southern States—Thegovernment stronger than Hamilton thought—Theexceeding excellence of the Constitution—Newvigor of South Carolina as a free State. |