[ [2] General Long’s Memoirs of Lee, page 88.
[ [3] Lodge’s Webster, p. 187.
[ [4] Chief-Justice Marshall, in his opinion in the case of Cohens vs. Virginia, says that its requisitions were habitually disregarded by the States. Mr. John Fiske, in his admirable work, called The Critical Period of American History, fully shows the inefficiency and inadequacy of the government of the Confederacy.
[ [5] See Webster’s speech in answer to Calhoun, Webster’s Speeches, vol. ii., page 180. Ed. of 1850.
[ [6] Webster’s definition of constitution apparently is not a full one. A constitution is the fundamental statement of the powers granted to the government established by it; and it may, as Webster says, also contain the regulation under which its authority is to be executed.
[ [7] As the whole question of nullification depends upon whether a State is bound by a decision of the United States Court we give Mr. Martin’s succinct and comprehensive statement of the power that the third article of the Constitution conferred on the United States. “Whether, therefore, any laws or regulations of the Congress, any acts of its President or other officers, are contrary to, or not warranted by the Constitution, rests only with the judges, who are appointed by Congress, to determine; by whose determination every State must be bound.” Luther Martin’s letter, Elliot’s Debates (second ed.), 1863, vol. i., p. 380.
[ [8] Jackson’s proclamation, Elliot’s Debates, 582. Elliot’s Debates were published by authority of Congress, Calhoun highly praising them. See his letter in the beginning of vol. i.
[ [9] Great Senators, by Oliver Dyer, p. 153.
[ [10] See 4 Elliot’s Debates, pp. 345 and 349, showing at the inception and in the early period of our government protective duties were apparently universally approved by Congress and the Presidents.
[ [11] See also, to same effect, North American Review, Oct., 1830, p. 537. Madison’s letter to Edward Everett.