United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
One of the strongest moral forces in the hands of the opponents of
nullification against which the nullifiers had to contend was the
generally received doctrine that the constitutional means for meeting
Congressional usurpation in any given case was a process in the United
States courts. Unless they could say that they had tried this means in
vain, they would still have to suffer the imputation of too hasty
action, if nothing more. In order to escape this, two Charleston
lawyers imported a package of dutiable goods, gave bonds for the
payment of the duty, {183} refused payment, and were sued upon their
bonds in the United States District Court. The plan was to have the
question of the constitutionality of the tariff submitted to the jury,
but the court refused to allow the jury to decide any question except
that which pertained to the due execution of the bond.
[Sidenote: Nullification and rebellion.]
The nullifiers could now declare that every means suggested by their
opponents as regular and lawful had been tried and had failed, and
that there now remained only submission to oppression, or
nullification, or rebellion. They said that no true South Carolinian
could accept the first, and that, therefore, the choice lay between
nullification and rebellion. Calhoun taught that there was a vast
difference between the two; that the former was a constitutional, as
well as a sovereign, method of resistance. He asserted that it was the
great conservative principle of the Constitution, and defined it to be
that reserved right whereby a "State," in convention assembled, might
suspend the operation of a Congressional act upon its citizens which
it considered unconstitutional, until conventions in three-fourths of
the "States" should pronounce the Congressional act to be
constitutional. He did not claim that this right was reserved
specifically, but by implication from the general language of the
Tenth Amendment. He was doubtless sincere, or at least thought he was.
Many of his followers certainly were, and the masses, who could not
understand the doctrine, but took it on faith, were so certain of its
truth that they were ready to risk anything for its vindication.
The Unionists, however, branded the doctrine as a deception. An
editorial in one of their principal newspapers contained this
sentence: "But this everlasting cant of devotion to the Union,
accompanied by a recommendation to do those acts that must necessarily
destroy {184} it, is beyond patient endurance from a people not
absolutely confined in their own mad-houses." It was clear to them, at
the outset, that nullification was piecemeal secession and rebellion.
[Sidenote: Jackson's message of December, 1831, on the Tariff issue.]
Public-domain text, read in full here on John Shaqi.
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