Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
2. _What measures does it call for, on the part of the General
Government?_ The Ordinance, being entirely inoperative, and having no
legal or practical effect which the Government can or ought to notice,
of course calls for no measures in the way of counteraction. Considered
as an indication of the state of the public feeling in South Carolina,
it calls undoubtedly for measures of precaution against the occurrence
of a future state of things, which the adoption of this Ordinance by the
Convention renders probable, and which would require the interposition
of the military power of the Government. The Ordinance makes it 'the
duty of the Legislature to adopt such measures and pass such acts, as
may be necessary to give full effect to the Ordinance, and to prevent
the enforcement and arrest the operation of the Revenue laws.' The
Legislature will probably do something in pursuance of this direction;
and upon the character of the measures which they may adopt will depend,
of course, the character of those with which the Government of the
United States will be called on to meet them. Should they pass an act,
making it penal for the officers of the General Government to perform
their duties, and attempt to enforce it upon the person of the Marshal,
there would then be a case of open insurrection against the Government
of the country. In ordinary cases, the Marshal, when obstructed in the
execution of his duty, calls for aid on the bystanders; but if this
resource prove ineffectual, or if circumstances render it inexpedient to
depend upon it, the particulars of the case are communicated in the form
of a certificate from the District Judge to the President, who
immediately employs the military force of the country, either the
regular army or the militia, at his discretion, to suppress the
insurrection, as he is authorized to do by the letter of the
Constitution and various statutes. The militia would of course not be
resorted to, unless the regular military and naval force should be found
insufficient. This course was pursued by General Washington, in the case
of the whisky insurrection in Pennsylvania, and was attended with
complete success. The misguided persons, who might be taken and brought
to trial for obstructing the execution of the laws, would probably plead
in justification the law of the State; but the District Judge would of
course instruct the jury, that 'the laws of the United States are the
supreme law of the land, any thing in the Constitution or laws of any
State to the contrary notwithstanding.' If the popular excitement should
be so great, that juries should in clear cases acquit prisoners, the
latter would of course escape the punishment they deserved, but no
material inconvenience would be suffered by the country. The President,
by a proper development of military force, would be able to execute the
laws and preserve the public peace. Should Carolina, in pursuance of the
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