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Updated: May 24, 2025
On this occasion, as I have always observed amongst Southern men, the right of separation from the Union was vehemently insisted upon, even whilst the policy of such a movement was deprecated; the principle, in fact, of nullification was maintained by those who were against the practice of such an experiment.
In his first message to the Legislature Webster's former antagonist declared his purpose to carry into full effect the nullification ordinance and the legislation supplementary to it, and expressed confidence that, if the sacred soil of the State should be "polluted by the footsteps of an invader," no one of her sons would be found "raising a parricidal arm against our common mother."
To allow State resistance to the laws of Congress to be rightful and proper, to admit nullification in some States, and yet not expect to see a dismemberment of the entire government, appears to me the wildest illusion, and the most extravagant folly. The gentleman seems not conscious of the direction or the rapidity of his own course.
Jackson was present, and so were Calhoun and the leading Nullifiers. Speeches had to be made and toasts given, the burden of which was a glorification of State Sovereignty and a defence of Nullification. Then Jackson rose and gave his famous toast: "Our Union: it must be preserved." Calhoun tried to counter it by giving: "Our Union, next to our liberties most dear."
Scott accepted the trust and went to Charleston, and while humoring the nullification Quixotism existing there, he executed the purpose of his mission, by strengthening the defenses and reenforcing; the Federal forts. His task was accomplished with the utmost delicacy, but with firmness.
Madison knew it or not, that one of the resolutions and part of another which Jefferson wrote to be offered in the Kentucky legislature in 1798 were omitted by Mr. Nicholas, and that therein was the assertion already quoted, "where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy." The next year, when additional resolutions were offered by Mr.
I denounce the law; I declare it unconstitutional; that is enough; it shall not be executed. Men in arms are ready to resist its execution. An attempt to enforce it shall cover the land with blood. Elsewhere it may be binding; but here it is trampled under foot." This, Sir, is practical nullification. And now, Sir, against all these theories and opinions, I maintain,
He proposed that the tariff of 1832 should be reduced gradually till July, 1842, when on all articles imported there should be a duty equal to twenty per cent of their value. This was passed, and the Compromise Tariff, as it is called, became a law in March, 1833. A new convention in South Carolina then repealed the ordinance of nullification.
If that be revolutionary which arrests the legislative, executive, and judicial power of government, dispenses with existing oaths and obligations of obedience, and elevates another power to supreme dominion, then nullification is revolutionary.
It was no stronger than other words and phrases, yet, thirty years later, the words "interpose" and "protest" were passed by as too feeble, and "nullification" adopted as the proper term for open resistance, But that Kentucky did not mean forcible resistance is proved by her accompanying statement that she would bow to the laws of the Union because she was a party to the Federal compact.
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