A School History of the United StatesMcMaster, John Bach
History
A School History of the United States
McMaster, John Bach
United States -- History
%334. May a State nullify an Act of Congress?%--The right of a state
to nullify an act of Congress thus became the question of the hour, and
was again set forth yet more fully by Calhoun in 1831. That the South
was deeply in earnest was apparent, and in 1832 Congress changed the
tariff of 1828, and made it less objectionable. But it was against
tariff for protection, not against any particular tariff, that South
Carolina contended, and finding that the North would not give up its
principles, she put her threat into execution. The legislature called a
state convention, which declared that the tariffs of 1828 and 1832 were
null and void and without force in South Carolina, and forbade anybody
to pay the duties laid by these laws after February 1, 1833.[1]
[Footnote 1: Houston's _A Critical Study of Nullification in South
Carolina_; Parton's _Jackson_, Vol. III., Chaps. 32-34; Schurz's _Life
of Clay_, Vol. II., Chap. 14; Von Holst's _Life of Calhoun_, Chap. 4;
Lodge's _Life of Webster_, Chaps. 6, 7; Rhodes's _History of the United
States_, Vol. I., pp. 40-50.]
Jackson, who had just been reëlected, was not terrified. He bade the
collector at Charleston go on and collect the revenue duties, and use
force if necessary, and he issued a long address to the Nullifiers. On
the one hand, he urged them to yield. On the other, he told them that
"the laws of the United States must be executed.... Those who told you
that you might peacefully prevent their execution deceived you.... Their
object is disunion, and disunion by armed force is treason."
%335. Webster's Great Reply to Calhoun.%--Calhoun, who since 1825 had
been Vice President of the United States, now resigned, and was at once
made senator from South Carolina. When Congress met in December, 1832,
the great question before it was what to do with South Carolina. Jackson
wanted a "Force Act," that is, an act giving him power to collect the
tariff duties by force of arms. Hayne, who was now governor of South
Carolina, declared that if this was done, his state would leave
the Union.
A great debate occurred on the Force Act, in which Calhoun, speaking for
the South, asserted the right of a state to nullify and secede from the
Union, while Webster, speaking for the North, denied the right of
nullification and secession, and upheld the Union and the
Constitution.[1]
[Footnote 1: Johnston's _American Orations_, Vol. I., pp. 196-212;
Webster's _Works_, Vol. III., pp. 248-355, 448-505; Rhodes's _History
of the United States_, Vol. I., pp. 50-52.]
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