The Sovereign States: Notes of a Citizen of Virginia

By James Jackson Kilpatrick | Go to book overview

applaud or to condemn the conduct of the New England States in this period of 1808-15; the purpose is simply to recount what happened. The States interposed, and to a very large extent, they succeeded in obtaining the ends which they, as States, deemed so vitally important to their own interests: They undertook to nullify the whole series of acts relating to non-intercourse, non-importation, and embargo. Taking a strict construction of the constitutional provision relating to calling forth the militia, they succeeded in challenging national authority throughout the whole of the war. Their interposition was influential in defeating a conscription bill they regarded as unconstitutional; and when a corollary bill actually was approved, relating to the enlistment of minors, they effectively nullified it with State laws of their own. Until the day that news was received in Washington of Jackson's victory and the Treaty of Ghent, they were well on their way to achieving two of the most important objects sought by the Hartford Convention. Throughout this period, the interposing States repeatedly asserted, in the strongest and most unequivocal terms, their view of the Union as a confederacy in which the sovereignty and the broad reserved rights of the States must be respected. They did not hesitate to term actions of the Federal government "unconstitutional and void," and they laid down, as a deliberate and considered public policy, a program of steadfast resistance to what they deemed encroachments upon their powers.


7
The Bank of the United States

SOME of the greatest embarrassments of the Madison administration during the War of 1812 stemmed from the inability of the government efficiently to finance its operations. The charter of the first Bank of the United States expired in 1811, and a hostile

-144-

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The Sovereign States: Notes of a Citizen of Virginia
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Introduction ix
  • Part 1 - The Sovereign States 1
  • 3 - The Articles of Confederation 8
  • 4 - "We the People" 10
  • 5 - The States in the Constitution 13
  • 6 - The Prophetic Mr. Henry 18
  • 7 - The States Ratify 28
  • Part 2 - The Right to Interpose 49
  • 3 - Debt Assumption 53
  • 4 - The Kentucky and Virginia Resolutions 58
  • 5 - Mr. Madison's Report of 1799 62
  • Part 3 - The States Fight Back * 99
  • 1 - The Olmstead Case 101
  • 3 - The Embargo Crisis 118
  • 4 - Matters of the Militia 132
  • 6 - The Hartford Convention 136
  • 7 - The Bank of the United States 139
  • 8 - Internal Improvements 144
  • 9 - Kentucky Vs. the Court 158
  • 10 - Georgia Vs. the Court 161
  • 11 - Calhoun and Nullification 174
  • 12 - The Case for Nullification 186
  • 14 - The Obligation of Contracts 199
  • 15 - After the War 216
  • 16- The Reconstruction Cases 222
  • 17 - The Commerce Clause (commenced) 231
  • 18 - Interlude in a Speakeasy 242
  • Part 4 - The States Today 253
  • 1 - The Southern States 255
  • 3 - Some Notes on Police Power 258
  • 4 - The Transcendent Issue 277
  • Notes 309
  • Table of Cases and Index 331
  • Table of Cases 333
  • Index 337
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