Nullification
is the declaration of an individual state that an act of the
U.S. Congress is worthless and inoperative. Many Southern states
claimed the right to do this in the years before the Civil War.
The debate arose over whether it was constitutional to give the
states the ability to do this or not.
The
debate began when the Sedition Acts sentenced many Republican
writers because they were speaking out against president Adam's
acts. The people being punished considered this an act against
their freedom of speech and they felt the courts were not defending
them against these tyrannical measures. They referred to the
resolution passed by Virginia which stated that each state had
the right to judge the constitutionality of Congress's acts when
they called the Congress void and null.
The Southern states
did not support the tariffs and government's attempts to mend
the country because they were afraid that they might start trying
to do away with slavery as well. South Carolina boycotted any
of the states that benefited from the Tariff of Abominations.
They saw the tariff as only taking money from one part of the
country for the benefit of another part of the country. People
believed the Congress's tariff was unconstitutional and the Congress
was exceeding their given powers. If an act was nullified by
a state, it still had to be approved by three-fourths of the
states.
Another nullification
came over the issue of land in the west. The east wanted the
price of western land to stay high, therefore preventing a lot
of movement and taking away of the people. However the westerners
wanted to get more land, but did not want to pay the high prices
for it. In the result the south teamed up with the west to block
Congress's attempts to mess with slavery and help the west to
get their land for a better price. Senator Robert Y. Hayne spoke
to open up public lands and on nullification on January 21, 1830.
He thought that the states should have the complete right to
annul acts of Congress. Webster did not think that the Union
would stay united if states could just annul Congress's acts
whenever they pleased. In his speech he brought up that the United
States was more than just a sovereignty of states. It said that
the states did not make up the Union but the people, and that
the Supreme Court is the only one that can declare a law void.
In 1832 Congress
proposed a new tariff with lower rates, which went even lower
over the years, while still remaining a protective tariff. The
south could see that it was not going to change any time soon
since the vast majority passed it. In fear that the government
would tamper with the issue of slavery, they nullified the act.
In addition they hoped to get rid of the tariff, as it made it
hard to buy the supplies they needed. After finding the tariff
unconstitutional they decided they would just not pay the tariff,
and if anyone tried to make them they would secede from the Union.
Jackson did not believe that the states had the right to annul
laws because the nation was higher than the states and they could
not decide if they did not want to follow a law or secede from
the Union. To enforce this he sent troops to South Carolina to
make them pay their taxes. Calhoun told South Carolina to accept
the new tariff and rescind the nullification they were attempting
to pass. They finally did accept the compromising tariff but
nullified the "force act" that had allowed the president
to send troops to collect taxes.
In the end both
sides, South Carolina and Union supporters, believed they had
won. South Carolina thought their efforts had lowered the tariff
and the Union supporters thought the Congress had made South
Carolina behave. This compromise was only temporary and really
did not solve any long-term problems.
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