PERHAPS
BEST ARTICULATED IN ITS EARLIEST EXPRESSION
KENTUCKY
RESOLUTION 1799
RESPONSE
TO “ALIEN/SEDITION” ACTS 1798
DURING
TIME OF WAR: ALL CITIZENS OF HOSTILE GOVERNMENT IN THE U.S. ARE “LIABLE TO BE APPREHENDED, RESTRAINED, SECURED AND REMOVED…” FROM THE
U.S.
“…ANY
PERSONS SHALL UNLAWFULLY…CONSPIRE WITH INTENT TO OPPOSE ANY MEASURE OF THE
GOVERNMENT…SHALL BE PUNISHED…”
JEFFERSONIANS FELT SINGLED OUT
HELD CONVENTIONS IN VIRGINIA AND KENTUCKY
COMPOSED VIRGINIA/KENTUCKY RESOLUTIONS
MANIFESTOS OF “STATES RIGHTS”
KENTUCKY RESOLUTION
ATTACHMENT TO THE UNION
IF FEDERAL ADMINISTRATORS ALOWED TO “TRANSGRESS” THE
CONSTITUTION-STATES FACE “ANNIHILATION”
STATES ARE “INDEPENDENT” AND “SOVERIEGN”
FED ADMINSTERS THE GOV’T-NOT THE CONSTITUTION
CONSTITUTIONAL INTERPRETATION RESIDES WITH THE STATES
“PROGRESS” OF
STATES’ RIGHTS
KENTUCKY/VIRGINIA
RESOLUTIONS 1799
“ALIEN/SEDITION”
ACTS 1798
HARTFORD CONVENTION
1815
LOUISIANA PURCHASE
1803
EMBARGO ACT 1807
OTHER
“NONINTERCOURSE” LEGISLATION
WAR AGAINST GB
MCCOLLOUGH V
MARYLAND
CONSTITUTIONALITY OF
NATIONAL BANK
GEORGIA DEFIANCE
JURSISDICTION OVER
INDIAN TRIBES W/IN THE STATE
NULLIFICATION CRISIS
1832
TARIFF OF 1816 AND
OTHER PROTECTIVE LAWS
WISCONSIN
RESOLUTIONS 1859
SUPREME COURT UPHELD
ABOLITIONIST CONVICTION
NULLIFICATION
EXTENSION OF THE
STATES’ RIGHTS ARGUMENT
STATES HAD THE RIGHT
TO NULLIFY FEDERAL LAWS DEEMED INJURIOUS OR UNCONSTITUTIONAL BY LEGISLATURE
NULLIFICATION CRISIS
OF 1832
Nullification Crisis
Origins in Tariff of 1816
1820 clear sectional division
North-pro protectionism
South-anti protectionism
Republican party splits
Democratic
National Republican (Whig)
Nullification Crisis
1824
Revision
strengthening tariff passes by small minority
Plantation states
set against tariff
1828
New revision of
tariff
Fight becomes bitter
Growth of
manufacturing (North) gives pro-tariff forces more clout
Nullification Crisis
“Free traders”
Frustrated in
Congress
Forward idea that
individual states have right to “nullify” laws adverse to their interests
South Carolina
Nullification finds
its most ardent supporters
S.C. congressmen
wanted nullification amended to 1828 tariff bill
Nullification Crisis
Hayne/Webster
Debates
1830
Public lands
Protective tariffs
“American system”
Nationalism
National internal
improvements
Diversified economy
Protective tariff
National bank
Nullification Crisis
Daniel Webster
Nationalist
New England
Manufacturing
Senator Mass.
Nullification Crisis
John C. Calhoun/Robert Hayne
Southern states
Plantation system
States Rights
Senators S.C.
(Calhoun V.P., Hayne later Gov. S.C.)
Nullification Crisis
S.C. Convention
November 1832
“…whereas the said
Congress, exceeding its just power to impose taxes and collect revenue for the
purpose of effecting and accomplishing the specific objects and purposes which
the constitution of the United States authorizes it to effect and accomplish, hath
raised and collected unnecessary revenue for objects unauthorized by the
constitution.”
Nullification Crisis
“We, therefore, the
people of the State of South Carolina, in convention assembled, do declare and
ordain and it is hereby declared and ordained…”
Tariff act of 1828
Tariff act of 1832
Were null and void
(as far as the government of S.C. was concerned and…
“we are determined
to maintain this our ordinance and declaration, at every hazard.”
Nullification Crisis
President Jackson
In “vigilant repose”
Confidential orders sent to Army/Navy
Trusted officers to key posts
Arms and Ammo pre-positioned
Nullification Crisis
Presidential
Proclamation 11 December 1832
“Force bill”
introduced in congress
Compromise worked by
Henry Clay reducing the tariff
Compromise averts
collision
Nullification
achieved the desired end
Could not be used
again
Secession is the
only route left
Nullification Crisis
Henry Clay
“Westerner”
Kentucky
“Great Compromiser”
Senator, Congressman, Speaker of the House
Nullification Crisis
Not the first time
secession threatened
Hartford Convention
15 Dec. 1815-4 Jan.
1815
Hartford Ct.
Federalists
War of 1812 “Mr.
Madison’s War”
Contemplated
separate peace between New England and England
Proposal to secede
(discussed but rejected)
Proposed
Constitutional amendments