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historicaldocuments:letters:everett1830 [2019/08/15 10:27] – Oliver Wolcotthistoricaldocuments:letters:everett1830 [2019/08/16 19:44] – Oliver Wolcott
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 ====== Madison's letter to Edward Everett in 1830 ====== ====== Madison's letter to Edward Everett in 1830 ======
 /* historicaldocuments/letters/everett1830.txt · Last modified: 2015/10/22 15:34 by Oliver Wolcott */ /* historicaldocuments/letters/everett1830.txt · Last modified: 2015/10/22 15:34 by Oliver Wolcott */
 +{{tag>nullification everett}}
 +<WRAP center round info 60%>
 +Source: http://www.constitution.org/jm/18300828_everett.htm
 +</WRAP>
 +
  
 To Edward Everett To Edward Everett
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 The Constitution, not relying on any of the preceding modifications for its safe & successful operation, has expressly declared on the one hand; 1. "That the Constitution, and the laws made in pursuance thereof, and all Treaties made under the authority of the U. S. shall be the supreme law of the land; 2. That the judges of every State shall be bound thereby, anything in the Constn or laws of any State to the contrary notwithstanding; 3. That the judicial power of the U. S. shall extend to all cases in law & equity arising under the Constitution, the laws of the U. S. and Treaties made under their authority &c." The Constitution, not relying on any of the preceding modifications for its safe & successful operation, has expressly declared on the one hand; 1. "That the Constitution, and the laws made in pursuance thereof, and all Treaties made under the authority of the U. S. shall be the supreme law of the land; 2. That the judges of every State shall be bound thereby, anything in the Constn or laws of any State to the contrary notwithstanding; 3. That the judicial power of the U. S. shall extend to all cases in law & equity arising under the Constitution, the laws of the U. S. and Treaties made under their authority &c."
  
-On the other hand, as a security of the rights & powers of the States in their individual capacities, agst. an undue preponderance of the powers granted to the Government over them in their united capacity, the Constitution has relied on, 1. The responsibility of the Senators and Representatives in the Legislature of the U. S. to the Legislatures & people of the States. 2. The responsibility of the President to the people of the U. States; & 3. The liability of the Ex. and Judiciary functionaries of the U. S. to impeachment by the Representatives of the people of the States, in one branch of the Legislature of the U. S. and trial by the Representatives of the States, in the other branch; the State functionaries, Legislative, Executive, & judiciary, being at the same time in their appointment & responsibility, altogether independent of the agency or authority of the U. States.+<wrap hi>On the other hand, as a security of the rights & powers of the States in their individual capacities, agst. an undue preponderance of the powers granted to the Government over them in their united capacity, the Constitution has relied on,</wrap> 1. The responsibility of the Senators and Representatives in the Legislature of the U. S. to the Legislatures & people of the States. 2. The responsibility of the President to the people of the U. States; & 3. The liability of the Ex. and Judiciary functionaries of the U. S. to impeachment by the Representatives of the people of the States, in one branch of the Legislature of the U. S. and trial by the Representatives of the States, in the other branch; <wrap hi>the State functionaries, Legislative, Executive, & judiciary, being at the same time in their appointment & responsibility, altogether independent of the agency or authority of the U. States.</wrap>
  
 How far this structure of the Govt. of the U. S. be adequate & safe for its objects, time alone can absolutely determine. Experience seems to have shown that whatever may grow out of future stages of our national career, there is as yet a sufficient controul in the popular will over the Executive & Legislative Departments of the Govt. When the Alien & Sedition laws were passed in contravention to the opinions and feelings of the community, the first elections that ensued put an end to them. And whatever may have been the character of other acts in the judgment of many of us, it is but true that they have generally accorded with the views of a majority of the States and of the people. At the present day it seems well understood that the laws which have created most dissatisfaction have had a like sanction without doors; and that whether continued varied or repealed, a like proof will be given of the sympathy & responsibility of the Representative Body to the Constituent Body. Indeed, the great complaint now is, not against the want of this sympathy and responsibility, but against the results of them in the legislative policy of the nation. How far this structure of the Govt. of the U. S. be adequate & safe for its objects, time alone can absolutely determine. Experience seems to have shown that whatever may grow out of future stages of our national career, there is as yet a sufficient controul in the popular will over the Executive & Legislative Departments of the Govt. When the Alien & Sedition laws were passed in contravention to the opinions and feelings of the community, the first elections that ensued put an end to them. And whatever may have been the character of other acts in the judgment of many of us, it is but true that they have generally accorded with the views of a majority of the States and of the people. At the present day it seems well understood that the laws which have created most dissatisfaction have had a like sanction without doors; and that whether continued varied or repealed, a like proof will be given of the sympathy & responsibility of the Representative Body to the Constituent Body. Indeed, the great complaint now is, not against the want of this sympathy and responsibility, but against the results of them in the legislative policy of the nation.
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 If any farther lights on the subject cd. be needed, a very strong one is reflected in the answers to the Resolutions by the States which protested agst. them. The main objection to these, beyond a few general complaints agst. the inflammatory tendency of the resolutions was directed agst. the assumed authy. of a State Legisle. to declare a law of the U. S. unconstitutional, which they pronounced an unwarrantable interference with the exclusive jurisdiction of the Supreme Ct. of the U. S. Had the resolns. been regarded as avowing & maintaining a right in an indivl. State, to arrest by force the execution of a law of the U. S. it must be presumed that it wd. have been a conspicuous object of their denunciation. If any farther lights on the subject cd. be needed, a very strong one is reflected in the answers to the Resolutions by the States which protested agst. them. The main objection to these, beyond a few general complaints agst. the inflammatory tendency of the resolutions was directed agst. the assumed authy. of a State Legisle. to declare a law of the U. S. unconstitutional, which they pronounced an unwarrantable interference with the exclusive jurisdiction of the Supreme Ct. of the U. S. Had the resolns. been regarded as avowing & maintaining a right in an indivl. State, to arrest by force the execution of a law of the U. S. it must be presumed that it wd. have been a conspicuous object of their denunciation.
  
-[[http://www.constitution.org/jm/18300828_everett.htm|Source]]+{{page>:wiki_footer}}
historicaldocuments/letters/everett1830.txt · Last modified: 2021/02/23 16:15 by 127.0.0.1