United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The second Act of the legislature was a measure to provide for the
event of the employment of military power by the general Government to
enforce the nullified Acts in South Carolina. It authorized the
Governor of the Commonwealth to resist the same; and for this purpose
to order into service the whole military power of the Commonwealth at
his discretion, to purchase arms, accoutrements, and ammunitions, and
to appoint his military staff; and it authorized and obligated the
Governor to use military power in suppressing opposition to the laws
of the Commonwealth by combinations too powerful to be controlled by
the civil officers.
The third Act was the test oath, the oath to obey, execute, and
enforce the Ordinance of Nullification, and all the acts of the
legislature for its enforcement, which every officer of the
Commonwealth must take before dealing with any question touching the
nullified Acts or the nullifying Acts, and which the Governor might
require of any officer whatever.
These were the details and the forms of the issue which South Carolina
now offered to the United States. Was it rebellion, or was it
constitutional and legal opposition?
[Sidenote: The meaning of Nullification as understood by the
Nullifiers.]
As we have seen, Calhoun and the members of the {227} nullifying
convention held it to be the latter. They argued that the reserved
powers of the Commonwealths are recognized by the Constitution; that
every conceivable power is reserved to the Commonwealths, except such
as are vested by the Constitution in the general Government
exclusively, or are denied by the Constitution to the Commonwealths;
that the power to pronounce an act of the general Government null and
void had been neither so vested nor so denied; that this was,
therefore, a reserved power of the Commonwealths, and was, like all
other reserved powers, a constitutional power; that South Carolina
proposed to use this power through judicial means only, which means
were legally and constitutionally at her disposal through the
principle of the governmental system of the United States that general
criminal jurisdiction belongs exclusively to the Commonwealths; and
that the employment of military power by the Commonwealth, indicated
in the Ordinance and the legislative acts for its enforcement, was to
be resorted to only in self-defence, only to repel the possible attack
of the military power of the general Government upon South Carolina.
Public-domain text, read in full here on John Shaqi.
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