Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
1. _What is its immediate operation?_ In the view which we take of it,
the Ordinance, standing by itself, is entirely inoperative. It pretends
to release the citizens of South Carolina from the obligation to obey
the Revenue laws, but it leaves the Government of the United States in
possession of all the means which they had before to enforce them. If
the importer refuse to pay the duties and give the usual bonds, the
goods will of course be seized and sold without farther process. If he
give bonds and refuse to pay them when due, the usual legal process will
be had in the District Court; and, as the jurors serving in that Court
are not called on to take the oath to obey the Ordinance, there will be
no appearance even of a conflict of obligations. The Judge, whose duty
it is to instruct the jury in the law, will of course tell them that the
Ordinance, as far as it contradicts the laws of the United States, has
no legal effect, and they will give their verdict accordingly. If, in
some cases, juries, under the influence of the popular excitement,
should undertake to judge of the law for themselves, and give verdicts
in clear cases against the Government, there would be, no doubt, some
practical inconvenience, but in theory the law would still have its
course. There would be no collision between the authority of the General
and State Governments, and no occasion for any interposition of force by
the former. The situation of things would be substantially the same as
it was in this city during the last war with Great Britain, where the
juries habitually gave verdicts against the Government, in cases where
the right was clearly on its side. Still the law ostensibly had its
course, and the public peace was not broken. The Ordinance, therefore,
standing by itself, is a mere dead letter.
Public-domain text, read in full here on John Shaqi.
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