The Ordinance of Nullification reached President Jackson on December 1st and on the 10th, he issued a proclamation to the people of South Carolina - The Nullification Proclamation. He warned that they should use their better judgment and denounce the Ordinance. The Proclamation stated that states and municipalities are forbidden from nullifying federal laws. He also threatened to enforce the proclamation with the use of federal arms. Although congressional compromise soon defused the situation, Jackson's proclamation made it clear that he believed the federal government was the supreme power in the United States and he was willing to use the military to ensure its supremacy.
The state of South Carolina felt an escalation of tensions and felt that their position might eventually lead to secession. The states of Virginia, Georgia, and Alabama gave their neighbor assurances that if the government took a stand against her and forced her to secede, they would join her. [North Carolina, "always patriotic at heart, nobly refused to stain her annals with even the semblance of treason and rebellion."] South Carolina was fully prepared to enforce its Ordinance of Nullification, including a military response.
John Calhoun, who had resigned his position as Vice President, assumed Hayne's seat in the Senate, where he felt he could more effectively defend his state. When President Jackson found out, he resolved to arrest him the minute he stepped foot in Washington, have him tried for treason, and then hung (if found guilty). Representative Webster and others persuaded Jackson to abandon those extreme measures.
In order to avert a national crisis (termed the "Nullification Crisis"), leaders in Congress attempted to work out a compromise on the first day of the new session. Representative Gulian Verpalnck of New York proposed a reduced tariff, but it failed to win majority support. Senator Henry Clay then proposed what became known as the "Compromise Tariff." This tariff would maintain protection, but its rates would decrease every year, until the protective tariff itself was totally eliminated by 1842. The reduction in the tariff over the course of 10 years was designed so that all interests would not be harmed. This proposal was acceptable to a majority in Congress and to South Carolina.
When President Jackson was made aware of the Compromise Bill, he exclaimed: "Compromise! I will make no compromise with traitors. I will have no negotiations. I will execute the laws. Calhoun shall be tried for treason and hanged, if he does not instantly cease his rebellious course." In fact, before he went to bed that night, Jackson let it be known that he intended to act without delay. Representative Letcher of Kentucky was notified (awoken from his sleep) by a Louisiana Senator who had heard directly from a member of Jackson's staff that Calhoun's arrest might take place at any hour. Letcher immediately alerted Calhoun to the danger.
Letcher, a friend of Senator Clay's, immediately proposed the identical Compromise bill in the House. Representatives from many states bonded together to pass the bill in order to try to avert the danger posed by the tensions between the state of South Carolina and President Jackson. This was true in both the Senate and the House. The one demand was that Senator Calhoun himself would vote for the bill and not go on record to oppose it. They feared that if he did so and attempted to derail the bill, it would be the gallows for him and might also lead to military conflict. It was indeed a bitter pill to swallow, but Calhoun agreed to vote in favor of the Compromise bill.
Not happy with the 'concession' by Congress and wanting the supreme power to crush state rebellion in the bud, President Jackson had a bill introduced from the Judiciary Committee (formally introduced by Rep. Wilkins of Pennsylvania) which would be known as the Force Bill. The Force Bill would give the President the power to use military force to subordinate states and force them to obey all federal laws.
The Force Bill met with great opposition in Congress, including arguments that it was unconstitutional. But in the end, both houses passed the Compromise Tariff and the Force Bill, and Jackson signed them both into law on March 2, 1833. Jackson immediately sent US Navy warships to Charleston Harbor.
In the aftermath of the debate on the Force Bill, Calhoun said: "The contest between the North and South will, in fact, be a contest between power and liberty, a contest in which the weaker section, with its peculiar labor, productions, and situation, has at stake all that is dear as freemen. Should they be able to maintain, in their full vigor, their reserved rights, liberty and prosperity will be their portion. But if they yield and permit the stronger interest to consolidate within itself all the power of the government, then will its fate be more wretched than that of the Aborigines, whom they have expelled, or of their slaves..... Every Southern man, true to the interests of his section and faithful to the duties which Providence has allotted to him, will be forever excluded from the honors and emoluments of this government, which will be reserved for those who have qualified themselves, by political prostitutions, for admission into the Magdalen Asylum."
With the passage of the Compromise Bill, South Carolina rescinded its nullification of the tariffs. But it went on record to nullify the Force Bill, perhaps as an act of principle. The crisis was averted. But it wouldn't last, for Lincoln ran on a platform to raise the tariff to its 1832 rate.
Andrew Jackson, 7th President of the United States of America
Although the crisis was avoided, President Jackson continued to distrust South Carolina and the other southern states. To him, it wasn't about the preservation of Liberty. He believed their goal was the destruction of the Union and the destruction of the government. He was in favor of a supreme federal government and the southern states were not. He believed the tariff issue was merely a ruse to undermine the government's supremacy. In fact, he publicly espoused these views. He warned his countrymen that slavery would be the next "pretense" used by the "conspirators" (as he called the southern states) to destroy the nation.
The South, however, continued to express the opinion that slavery would ultimately be abolished. The States generally felt that slavery was only to be regarded as a "choice of two evils" - an "unfortunate inheritance" to be "endured so long as it must be endured," and "to be abolished just as soon as it could be done so safely."
After the Nullification Crisis, the South would forever be looked upon with suspicion. They had already been labeled as "conspirators." They would never be taken seriously again on their legitimate States' Rights concerns or their fear for the erosion of liberty.
In hindsight, the Nullification Crisis would be a rehearsal for the political turmoil that culminated in the American Civil War.
It could be argued that nullification worked. South Carolina got the relief it sought (albeit over the course of 10 years). Without its stance, the tariff would have never been lowered. Imagine if all the southern states had banded together to nullify the tariff of 1832. What if all 50 states, or even a majority, decide to nullify the healthcare bill? What if the states decide to nullify a Supreme Court decision, such as Roe v. Wade? Will the federal government send out troops to each state to enforce its law? What reaction will Americans have upon seeing the federal government take up arms against the states for doing what our nation was set up to do - stand up for rights and liberties?
The question becomes this: Should the States have an express responsibility to be vigilante regarding the conduct of the federal government and nullify laws, action, and Supreme Court decisions that exceed the scope of the Constitution? Is this the answer to paring back the size of government and preventing the Supreme Court from taking a "living document" approach and engaging in judicial activism rather than strict interpretation? Remember that Jefferson introduced the concept of nullification as a "proper" and logical means of limiting the size and scope of government. Again, states were at least equal sovereigns to the federal government, and not subservient. As we are indeed in a constitutional crisis, shouldn't nullification once again be introduced as the proper means to limit the size and scope of government? (I would also stress that in addition to nullification, the 17th amendment needs to be repealed..... but now that people have control over their Senators, how willing will they be to give that control up? Only an educated populace can understand the true significance of federalism as a check and balance, the original selection of Senators, and the 17th amendment).
How else can we effectively curb the abominations, violations, and excesses of government than to assign an obligation upon the States to be diligent in reviewing the acts of the federal government? The States need to be our first line of defense and then the voting process can be the coup de grace. Again, we just need people to do their homework and research their candidates and elect those to state government who are strong on States' rights.
In a speech to Arizona State University in December 2009, Congressman Ron Paul had this to say: "My suspicion is that there will never be official nullification or secession, but if the federal government continues to fail, and they can't deliver anything and checks bounce, then we will be forced to take care of ourselves. And we will be forced to almost ignore everything they do."
Less than a week later, Congressman Paul was interviewed by Mike Church on his radio show, and when asked about his thoughts on nullification, he answered: "I think it's a great idea. It was never really successful in our history. But I think it's going to grow in importance. And I think it's going to grow because the federal government will be seen as inept and ineffective. And I think it will almost be de facto in the sense that the states will eventually just ignore some of the mandates."
In 2011, a bill entitled "Protect Healthcare Freedom" Act - aka, House Bill 2 (H.B. 2) - would have acknowledged the illegality of Obamacare and declared that North Carolinians would not have to be bound by its mandate. It was a nullification bill. It provided that the federal Patient Protection and Affordable Care Act "shall not to any of the following:
(1) Compel a person to (i) provide for health care services or medical treatment for that person or (ii) contract with, or enroll in, a public or private health care system or health insurance plan.
(2) Interfere with a person's right to pay directly for lawful health care services or medical treatment to preserve or enhance that person's life or health.
(3) Impose a penalty, tax, fee, or fine on a person for (i) providing for, or failing to provide for, health care services or medical treatment for that person or (ii) contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.
The NC House voted to approve it and the Senate approved it as well, by a strong margin. It reached the desk of the Governor, Beverly Perdue, and she quickly vetoed it. Democrats refused to cross over to the conservative side to over-ride the veto. The Governor and democratic legislators played politics, choosing to provide another service to their constituents rather than stand up to an unconstitutional act of Congress and by the President.
My state of North Carolina, once a proud leader and advocate for state sovereignty and individual rights, is nothing more than a puppet of a socialist federal administration. It has no backbone and serves no function to limit the federal government. It is powerless to protect its citizens. It can only "give them things"..... the "things" that are provided by Sugar Daddy, big government. In perhaps the most audacious attempt to enlarge Congress' power under the Commerce Clause, extending its power from mere objects (goods and services) and instrumentalities of commerce to the forceful compulsion of human beings, North Carolina threw its citizens to the wolves rather than stick up for their right to make healthcare insurance decisions themselves. North Carolina needs a Ken Cuccinelli or a Jan Brewer.
State leaders who cannot stand up to the federal government will only give reason for ordinary citizens to believe they will have to take matters into their own hands, as English subjects did in the 17th century to get the monarchy off their backs. But first, ordinary citizens must try to infuse their state government with Ken Cuccinelli types. If states will stand up for their citizens, citizens will stand up for their states. And an era of supreme state sovereignty and prosperity will return. As Andrew Jackson once said: "Americans are not a perfect people, but we are called to a perfect mission."
For those who want to preserve Liberty - preserve fully the rights guaranteed by the Declaration of Independence and protected in the US Constitution - you must realize what our Founders understood: "Only the States can defend Liberty." It is therefore absolutely essential that people focus their attention on electing state legislators, governors, judges, and sheriffs who will fearlessly defend their God-given liberties.
Daniel Webster perhaps said it best: "Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world."
References:
Diane Rufino, "The Proper Role of Government," Dec. 2011. http://forloveofgodandcountry.wordpress.com
Thomas E. Woods, Jr., Nullification, 2010, Regnery Publishing, Washington DC.
Benson J. Lossing, "South Carolina Nullification," Harper's New Monthly Magazine, Volume 0025 Issue 147 (August, 1862); pp. 367-376. Accessed from the Cornell University Library. Referenced at: http://digital.library.cornell.edu/cgi/t/text/pageviewer-idx?c=harp;cc=harp;rgn=full%20text;idno=harp0025-3;didno=harp0025-3;view=image;seq=381;node=harp0025-3%3A1;page=root;size=100
Note: Harper's New Monthly Magazine (1850 - 1899)
American President: Jackson Issues Nullification Proclamation - December 10, 1832," Miller Center (University of Virginia). Referenced at: http://millercenter.org/president/events/12_10
Derek Sheriff, "Nullification: It's Official," The Tenth Amendment Center, Jan. 28, 2010. Referenced at: http://tenthamendmentcenter.com/2010/01/28/nullification-its-official/
Diane Rufino has her own blog For Love of God and Country. Come and visit her. She'd love your company.
