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1824 and 1828； and recognized anew the principle on which it was founded。 A doctrine was then proclaimed； or rather revived； in the South； which took the name of Nullification。
I have shown in the proper place that the object of the Federal Constitution was not to form a league； but to create a national government。 The Americans of the United States form a sole and undivided people； in all the cases which are specified by that Constitution； and upon these points the will of the nation is expressed； as it is in all constitutional nations； by the voice of the majority。 When the majority has pronounced its decision； it is the duty of the minority to submit。 Such is the sound legal doctrine； and the only one which agrees with the text of the Constitution； and the known intention of those who framed it。
The partisans of Nullification in the South maintain； on the contrary； that the intention of the Americans in uniting was not to reduce themselves to the condition of one and the same people； that they meant to constitute a league of independent States； and that each State； consequently retains its entire sovereignty； if not de facto； at least de jure； and has the right of putting its own construction upon the laws of Congress； and of suspending their execution within the limits of its own territory； if they are held to be unconstitutional and unjust。
The entire doctrine of Nullification is comprised in a sentence uttered by Vice…President Calhoun； the head of that party in the South； before the Senate of the United States； in the year 1833： could： 〃The Constitution is a compact to which the States were parties in their sovereign capacity； now； whenever a compact is entered into by parties which acknowledge no tribunal above their authority to decide in the last resort； each of them has a right to judge for itself in relation to the nature； extent； and obligations of the instrument。〃 It is evident that a similar doctrine destroys the very basis of the Federal Constitution； and brings back all the evils of the old confederation； from which the Americans were supposed to have had a safe deliverance。
When South Carolina perceived that Congress turned a deaf ear to its remonstrances； it threatened to apply the doctrine of nullification to the federal tariff bill。 Congress persisted in its former system； and at length the storm broke out。 In the course of 1832 the citizens of South Carolina； *b named a national Convention； to consult upon the extraordinary measures which they were called upon to take； and on November 24th of the same year this Convention promulgated a law； under the form of a decree； which annulled the federal law of the tariff； forbade the levy of the imposts which that law commands； and refused to recognize the appeal which might be made to the federal courts of law。 *c This decree was only to be put in execution in the ensuing month of February； and it was intimated； that if Congress modified the tariff before that period； South Carolina might be induced to proceed no further with her menaces； and a vague desire was afterwards expressed of submitting the question to an extraordinary assembly of all the confederate States。
＇Footnote b： That is to say； the majority of the people； for the opposite party； called the Union party； always formed a very strong and active minority。 Carolina may contain about 47；000 electors； 30；000 were in favor of nullification； and 17；000 opposed to it。＇
＇Footnote c： This decree was preceded by a report of the committee by which it was framed； containing the explanation of the motives and object of the law。 The following passage occurs in it； p。 34： … 〃When the rights reserved by the Constitution to the different States are deliberately violated； it is the duty and the right of those States to interfere； in order to check the progress of the evil； to resist usurpation； and to maintain； within their respective limits； those powers and privileges which belong to them as independent sovereign States。 If they were destitute of this right； they would not be sovereign。 South Carolina declares that she acknowledges no tribunal upon earth above her authority。 She has indeed entered into a solemn compact of union with the other States； but she demands； and will exercise； the right of putting her own construction upon it； and when this compact is violated by her sister States； and by the Government which they have created； she is determined to avail herself of the unquestionable right of judging what is the extent of the infraction； and what are the measures best fitted to obtain justice。〃＇
Chapter XVIII： Future Condition Of Three Races … Part IX
In the meantime South Carolina armed her militia； and prepared for war。 But Congress； which had slighted its suppliant subjects； listened to their complaints as soon as they were found to have taken up arms。 *d A law was passed； by which the tariff duties were to be progressively reduced for ten years； until they were brought so low as not to exceed the amount of supplies necessary to the Government。 *e Thus Congress completely abandoned the principle of the tariff； and substituted a mere fiscal impost to a system of protective duties。 *f The Government of the Union； in order to conceal its defeat； had recourse to an expedient which is very much in vogue with feeble governments。 It yielded the point de facto； but it remained inflexible upon the principles in question； and whilst Congress was altering the tariff law； it passed another bill； by which the President was invested with extraordinary powers； enabling him to overcome by force a resistance which was then no longer to be apprehended。
＇Footnote d： Congress was finally decided to take this step by the conduct of the powerful State of Virginia； whose legislature offered to serve as mediator between the Union and South Carolina。 Hitherto the latter State had appeared to be entirely abandoned； even by the States which had joined in her remonstrances。＇
＇Footnote e： This law was passed on March 2； 1833。＇
＇Footnote f： This bill was brought in by Mr。 Clay； and it passed in four days through both Houses of Congress by an immense majority。＇
But South Carolina did not consent to leave the Union in the enjoyment of these scanty trophies of success： the same national Convention which had annulled the tariff bill； met again； and accepted the proffered concession； but at the same time it declared it unabated perseverance in the doctrine of Nullification： and to prove what it said； it annulled the law investing the President with extraordinary powers； although it was very certain that the clauses of that law would never be carried into effect。
Almost all the controversies of which I have been speaking have taken place under the Presidency of General Jackson； and it cannot be denied that in the question of the tariff he has supported the claims of the Union with vigor and with skill。 I am； however； of opinion that the conduct of the individual who now represents the Federal Government may be reckoned as one of the dangers which threaten its continuance。
Some persons in Europe have formed an opinion of the possible influence of General Jackson upon the affairs o