And, finally, Mr. Taylor of Caroline, in closing the debate, and in explanation of his former remarks in respect to calling a convention, said:
"He would explain, in a few words, what he had before said. That the plan proposed by the resolutions would not eventuate in war, but might in a convention. He did not admit, or contemplate, that a convention would be called. He only said, that if Congress, upon being addressed to have these laws repealed, should persist, they might, by a concurrence of three fourths of the States, be compelled to call a convention."
It is seen, then, by these extracts, that the opposers of the resolutions did not charge upon them, nor their supporters in any manner contend for, any principle like that of nullification; that, on the contrary, the supporters of the resolutions, so far from the absurd proposition that each State could, for itself, annul the acts of Congress, and to that extent stop the operation of the federal government, they did not recognize that power in a majority of the States, nor even in all the States together, by any extra-constitutional combination or process, or to annul a law otherwise than through the prescribed forms of legislative repeal, or constitutional amendment.
The resolutions were, however, vigorously assailed by the federal party throughout the Union, especially in the responses of several of the States; and at the ensuing session of the Virginia legislature, those State responses were sent to a committee, who made an elaborate examination of the resolutions, and of the objections that had been made to them, concluding by a justification of them in all particulars, and reiterating their declarations. This report was adopted by the general assembly and is a part of the contemporaneous and authentic interpretation of the resolutions. The report says:
"A declaration that proceedings of the federal government are not warranted by the constitution, is a novelty neither among the citizens, nor among the legislatures of the States.
"Nor can the declarations of either, whether affirming or denying the constitutionality of measures of the federal government, or whether made before or after judicial decisions thereon, be deemed, in any point of view, an assumption of the office of judge. The declarations, in such cases, are expressions of opinion, unaccompanied by any other effect than what they may produce on opinion, by exciting reflection. The expositions of the judiciary, on the other hand, are carried into immediate effect by force."
Again: "In the example given by the State, of declaring the alien and sedition acts to be unconstitutional, and of communicating the declaration to other States, no trace of improper means has appeared. And if the other States had concurred in making a like declaration, supported too, by the numerous applications flowing immediately from the people, it can scarcely be doubted, that these simple means would have been as sufficient, as they are unexceptionable.
"It is no less certain that other means might have been employed, which are strictly within the limits of the constitution. The legislatures of the States might have made a direct representation to Congress, with a view to obtain a rescinding of the two offensive acts; or they might have represented to their respective senators in Congress their wish, that two-thirds thereof would propose an explanatory amendment to the constitution; or two-thirds of themselves, if such had been their option, might, by an application to Congress, have obtained a convention for the same object.
"These several means, though not equally eligible in themselves, nor probably to the States, were all constitutionally open for consideration. And if the general assembly, after declaring the two acts to be unconstitutional, the first and most obvious proceeding on the subject, did not undertake to point out to the other States a choice among the farther measures that might become necessary and proper, the resource will not be misconstrued by liberal minds into any culpable imputation."
These extracts are valuable, not only for their positive testimony that the Resolution of 1798, nor their authors, had ever contemplated such a doctrine as Nullification; but also for their precise definition and enumeration of the powers which, in the premises, were really claimed for the States, by the State-Rights Republicans of that day. They are all distinctly laid down:
1. By a solemn declaration of opinion, calculated to operate on the public sentiment, and to induce the co-operation of other States in like declarations.
2. To make a direct representation to Congress, with a view to obtain a repeal of the acts complained of.
3. To represent to their respective senators their wish that two-thirds thereof would propose an explanatory amendment to the constitution.
4. By the concurrence of two-thirds of the States to cause Congress to call a convention for the same object.