Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
Let us suppose, then, that the State of South Carolina annuls the
Tariff. On the theory of the Vice-President, it will then become the
duty of the General Government to refrain from enforcing the Tariff
within the limits of South Carolina, and to apply to the States for a
grant of power to pass laws for the protection of domestic industry. We
have shown that both parts of this duty are wholly impracticable; but
let us imagine that they could be performed, and see what would be the
result. Let us suppose that the General Government, at the present
session of Congress, in defiance of their own opinion of the
constitutionality and expediency of the Protecting Policy and of the
express provision of the Constitution that all duties, imposts and
excises shall be uniform throughout the United States, suspend the
execution of the Tariff law within the limits of South Carolina.--Let us
also suppose that the General Government, conscientiously believing, as
they do, that they possess the power to pass laws for the protection of
domestic industry, shall yet assure the people that they believe they do
not possess it, and recommend an amendment of the Constitution which
shall give it to them. What will be the result?
The suspension of the Tariff law, within the limits of South Carolina,
would of course render the ports of that State entirely free. As soon as
this fact became generally known at home and abroad, the whole foreign
commerce of the country would centre in these ports, and the receipts of
the custom-houses, which constitute nearly the whole revenue of the
country, would be reduced at once to nothing. In the mean time, the
process of amending the Constitution is notoriously a very slow one. We
have supposed that the General Government, at the same session of
Congress, at which they suspend the execution of the Tariff law in
Carolina, propose to the States to adopt the amendment in question. The
recommendation goes out to the Governors of the States, and is laid by
them before their several Legislatures, as they come into session at
various times in the course of the following year. Some of these
Legislatures act upon it at once; some lay it on their tables never to
take it up again; others refer it, as they habitually do all questions
of an embarrassing description, to their next following session. In this
way the affair drags along for a number of years, and it is even very
doubtful whether any returns at all would ever be received from half
the States. Let us suppose, however, that in process of time, say in
five years from the date of the proposal by the General Government,
returns are received from all the States, and let it be granted for
argument's sake, that the proposed amendment is not sanctioned by the
number of States necessary under the Constitution to give it effect,
which is three-fourths of the whole:--this is the supposition most
favorable to the views of the Vice-President. What follows? Is the great
Public-domain text, read in full here on John Shaqi.
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