"[103]
It is unnecessary to discuss the particular question on which these two
great authorities are thus directly at issue. I do not contend that the
State Legislatures, of their own will, have a right to forego the
performance of any Federal duty imposed upon them by the Constitution.
But there is a power beyond and above that of either the Federal or
State governments--the power of the people of the State, who ordained
and established the Constitution, as far as it applies to themselves,
reserving, as I think has been demonstrated, the right to reassume the
grants of power therein made, when they deem it necessary for their
safety or welfare to do so. At the behest of this power, it certainly
becomes not only the right, but the duty, of their State Legislature to
refrain from any action implying adherence to the Union, or partnership,
from which the sovereign has withdrawn.
[Footnote 96: "Madison Papers," pp. 732, 761.]
[Footnote 97: Ibid., p. 822.]
[Footnote 98: Ibid., p. 914.]
[Footnote 99: Elliott's "Debates," vol. ii, p. 199.]
[Footnote 100: Ibid., pp. 232, 233.]
[Footnote 101: Elliott's "Debates," vol. iii, p. 117.]
[Footnote 102: "Congressional Debates," vol. ix, Part I, p. 566.]
[Footnote 103: "Federalist," No. lix.]
CHAPTER XIII.
Some Objections considered.--The New States.--Acquired
Territory.--Allegiance, false and true.--Difference between
Nullification and Secession.
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