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Updated: May 24, 2025
A man of Burr's character might perhaps have accomplished something mischievous in Kentucky when Wilkinson was in the first flush of his Spanish intrigues; or when the political societies were raving over Jay's treaty; or when the Kentucky legislature was passing its nullification resolutions. But the West had grown loyal as the Nineteenth Century came in.
When, therefore, this year a ten-hour bill was tried, W.C. Ritchie, who had secured the nullification of the act of 1893, again protested. The decision of the Court, rendered April 21, 1910, is an excellent proof of the great advance made within two decades in the position of women.
Now, Sir, this is the precise object of nullification. It attempts to supersede the supreme legislative authority. It arrests the arm of the executive magistrate. It interrupts the exercise of the accustomed judicial power. Under the name of an ordinance, it declares null and void, within the State, all the revenue laws of the United States. Is not this revolutionary?
The President consistently held to the principle involved in this statement. To his mind the reservations offered by Senator Lodge constituted a virtual nullification on the part of the United States of a treaty which was a contract, and which should be amended through free discussion among all the contracting parties.
We cannot be altogether unmindful of the past, and therefore we cannot be altogether unapprehensive for the future. For one, Sir, I raise my voice beforehand against the unauthorized employment of military power, and against superseding the authority of the laws, by an armed force, under pretence of putting down nullification.
But let me ask, Sir, what evidence there is, that the President is himself opposed to the doctrines of nullification: I do not say to the political party which now pushes these doctrines, but to the doctrines themselves. Has he anywhere rebuked them? Has he anywhere discouraged them? Has his influence been exerted to inspire respect for the Constitution, and to produce obedience to the laws?
This was as clear a case of nullification as that of South Carolina in 1832. Connecticut was as hot-headed as Massachusetts. John Quincy Adams has stated that at that time the "Essex Junto" agreed upon a New England convention to consider the expediency of secession.
Moreover, the opposition was divided. A party bitterly opposed to Free Masonry had sprung into existence, and Jackson was a Mason. But the Anti-Masons, instead of supporting Clay, nominated a third candidate. South Carolina threw her votes away on a fourth. Jackson got 219 electoral votes to 49 for Clay, 11 for Floyd, the nullification candidate, and seven for Wirt, the Anti-Mason candidate.
Adjusting the tariff in 1832 when South Carolina threatened nullification, he had kept the peace between Calhoun and Jackson. Proposing his omnibus bill in 1850, he had silenced all calls for disunion by the territorial concession. Equally lacking was the example of Webster to face the prejudices of the North and calm the apprehensions of the South.
But it does mean this: that an idea is just the final concrete or registered result of living dynamic interchange and reactions: that no idea is ever perfectly expressed until its dynamic cause is finished; and that to continue to put into dynamic effect an already perfected idea means the nullification of all living activity, the substitution of mechanism, and all the resultant horrors of ennui, ecstasy, neurasthenia, and a collapsing psyche.
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