Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
Though the militia had often been needed, and sometimes called out
for troubles, domestic and foreign, no President of the United
States, until Lincoln, had ever issued such a call unless expressly
authorized by Congress, in special acts of limited duration, which
have usually specified the number of troops wanted and the term
of service required. It is no wonder then that an act, treated as
a dead letter since the suppression of the Whiskey Insurrection,
should have been marked "obsolete" by the government publisher, with
the sanction of Congress.
Unless Madison's refusal to recommend a policy of coercion against
the New England States, successfully resisting the drafts for
the defense of the nation in the War of 1812, be regarded as a
precedent, Lincoln had but one, directly in point, and that was
furnished by President Jackson in the case of South Carolina's
nullification of Federal law in 1832. Jackson's zeal for the Union
could not be doubted; and, in spite of his military training and
arbitrary temper, he found a remedy which saved the Union without
bloodshed.
On December 10, 1832, after South Carolina had nullified the tariff
act, proceeded to provide a separate government, notified the
President, and begun to arm and organize its militia for defense,
Jackson issued a proclamation in which he besought, and threatened,
and promised. Failing by such means to induce the tariff-plundered
planters of the plucky little State to recede from their position,
on the assembling of Congress he recommended the removal of the
cause of the trouble, expressing his belief that such action would
shortly put an end to resistance. Nullification still continuing,
Jackson (a month later) wrote his famous message, in which he called
attention to the magnitude of the opposition, and recommended to
Congress to provide by law: "That in case of an attempt otherwise
[than by process from the ordinary judicial tribunals of the
United States] to take property [from the custody of the law] by
a force too great to be overcome by the officers of the customs,
it should be lawful to protect the possessions of the officers
by the employment of the land and naval forces and militia under
provisions similar to those authorized by the eleventh section of
the Act of January 9, 1809." After recommending the revival of
other expired acts to facilitate and protect the collection of the
revenues and execution of Federal law, he said further: "Provisions
less than these--consisting, as they do, for the most part, rather
of a revival of the policy of former acts called for by the [then]
existing emergency, than of the introduction of any unusual or
rigorous enactments--would not cause the laws of the Union to be
properly respected or enforced. It is believed that these would
prove adequate unless the military forces of the State of South
Carolina, authorized by the late act of the Legislature, should
be actually embodied and called out in aid of their proceedings,
Public-domain text, read in full here on John Shaqi.
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