Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
If, in a matter so serious as this, it were worth while to pay much
attention to forms of expression, the language of this document would
afford ample room for criticism. To begin with the very title: _an
Ordinance_. It has been well observed, that the Convention could hardly
have given to the paper expressing their intentions a less auspicious
name, than this obsolete vestige of the French _ancien regime_, the last
example of which, known to us in this country, was the celebrated
Ordinance to nullify the liberty of the press and the right of suffrage.
The result of this attempt at nullification by Charles X. was hardly
such as to encourage imitation, or to bring the phraseology employed by
him into very good odor.--_An Ordinance to nullify_,--why substitute the
affected term _nullify_, of which no one knows the real meaning, for the
standard English word _annul_, which every body understands? Obviously
for no other purpose, than to _mystify_ the good people of Carolina into
a course, which, if the true character of it were honestly presented to
them, they would shrink from with horror. The use of this term is an
improvement, at the suggestion of Mr. Turnbull, upon the title as
originally reported by Mr. Harper, which ran thus:--_an Ordinance to
provide for arresting the operation of certain acts, &c._ This was at
least intelligible. Again: _an Ordinance to nullify certain acts of
Congress purporting to be laws_. Why _purporting_ to be laws?--They are
laws. The Acts of the General Government are, as such, laws. They may be
inexpedient, oppressive, unconstitutional,--but they are still _laws_.
This is their appropriate name as Acts of the Government, and has no
connexion with the question of their validity. The phraseology of the
first sentence of the Ordinance is still more singular:--_Whereas the
Congress of the United States, by various Acts purporting to be Acts
laying duties and imposts on foreign imports, but in reality intended
for the protection of domestic manufactures._ Purporting to be acts
laying duties and imposts on foreign imports! Can any one doubt that
they are Acts laying duties on foreign imports? The objection to them
is, that they lay duties for a purpose not recognised by the
Constitution; but no man in his senses can pretend to doubt, that they
do in fact lay duties on foreign imports.
The rest of the Ordinance is about as correctly drawn, as the title and
the first sentence: but, without enlarging on mere phraseology, let us
proceed to considerations of a more substantial character. The questions
that naturally suggest themselves on a perusal of this extraordinary
document are, What is its immediate operation? What measures will it
call for, on the part of the General Government? What will be its
ultimate effect upon the political situation of the country?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account