Benton, Thomas Hart, 1782-1858; Legislators -- United States -- Biography
Complain she did, however; and soon added threats to complaints, and was
evidently ready to add acts to threats. Georgia, at first, took the lead
in denunciation; but South Carolina soon surpassed her, and finally went
to the length of advocating and preparing for separation from the Union;
a step that produced a revulsion of feeling even among her fellow
anti-tariff states. The South Carolinian statesmen now proclaimed the
doctrine of nullification,--that is, proclaimed that if any state deemed
a federal law improper, it could proceed to declare that law null and
void so far as its own territory was concerned,--and, as a corollary,
that it had the right forcibly to prevent execution of this void law
within its borders. This was proclaimed, not as an exercise of the right
of revolution, which, in the last resort, belongs, of course, to every
community and class, but as a constitutional privilege. Jefferson was
quoted as the father of the idea, and the Kentucky resolutions of
1798-99, which he drew, were cited as the precedent for the South
Carolinian action. In both these last assertions the Nullifiers were
correct. Jefferson was the father of nullification, and therefore of
secession. He used the word "nullify" in the original draft which he
supplied to the Kentucky legislature, and though that body struck it out
of the resolutions which they passed in 1798, they inserted it in those
of the following year. This was done mainly as an unscrupulous party
move on Jefferson's part, and when his side came into power he became a
firm upholder of the Union; and, being constitutionally unable to put a
proper value on truthfulness, he even denied that his resolutions could
be construed to favor nullification--though they could by no possibility
be construed to mean anything else.
At this time it is not necessary to discuss nullification as a
constitutional dogma; it is an absurdity too great to demand serious
refutation. The United States has the same right to protect itself from
death by nullification, secession, or rebellion, that a man has to
protect himself from death by assassination. Calhoun's hair-splitting
and metaphysical disquisitions on the constitutionality of nullification
have now little more practical interest than have the extraordinary
arguments and discussions of the school-men of the Middle Ages.
Public-domain text, read in full here on John Shaqi.
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