His followers are fond of praising his “inexorable logic.” They probably called it so because he did not hesitate to carry out his reasoning to the extremest extravagance of conclusions. In his speech in 1833, in reply to Webster, he admitted that this sovereignty of each State, there being four and twenty of them, did give each State a separate right to judge of a law of Congress, “four and twenty vetoes.” He instanced with approval the government of Rome, where the plebeians and patricians could check and overrule each other through the tribunes and the Senate. He knew “nowhere, no case in history where the power of arresting of government was too strong, except in Poland, where every freeman possessed a veto.” But even there he speaks of it with favor, as the source of “the highest and most lofty attachment to liberty.” He overlooked that Rome’s plebeian veto produced a Sulla and a Cæsar and ended in an absolute despotism over an abject people, and that the government of Poland, unstable as water, vanished from the face of the earth. He spoke of this country as sunken into avarice, intrigue, and electioneering, from which only an opposition like Carolina’s could arouse it. Afterwards, in 1850, he said: “What was once a constitutional federal republic is now converted, in reality, into one as absolute as that of the autocrat of Russia, and as despotic in its tendency as any absolute government that ever existed.” And yet many people of the South believed or brought themselves to believe this, and most of their writers now arguing for State sovereignty profess the same opinion.
Following up Calhoun’s “inexorable logic,” that each State has a right to pass its judgment on any act and law made by the United States, and to decide whether it is invalid and null, if it be of opinion that it exceeds the delegated authority, every citizen of South Carolina or of any other State has a right to judge whether any law of that State be invalid or null, as exceeding its delegated authority. For the State of South Carolina under its Constitution, like the United States under its Constitution, has only a limited delegated authority, and the sovereignty, according to all the political writers, remains in its people or voting citizens. Why cannot a voting citizen, or one of the people of the State, maintain that, possessing the sovereign right of all power, and being one of the parties who made the compact of the State constitution, he can judge as to whether he has delegated the power to make a certain law; and if he thinks he has not, why cannot he defy the court and the State that undertakes to execute it? This would at once put the State in the happy condition of Poland, and almost allow the freedom claimed by a Chicago anarchist. The answer is evident, the citizens owe an obedience to the laws that they establish over themselves. They have, for the benefit of all, given to the judiciary the right to judge of the extent of the delegated power. That the doctrine of State sovereignty was unknown at the time South Carolina promulgated it, is proved by Jackson’s proclamation. In it he speaks of the hardness and inequality of the excise law in Pennsylvania, the embargo and non-intercourse law in the Eastern States, the carriage tax in Virginia. All these laws and the war of 1812 in the commercial States were, he says, deemed unconstitutional, but yet they were submitted to, and this remedy of nullification and secession was not suggested. “The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention.”[97] Indeed it was a question in South Carolina itself who first discovered this doctrine of nullification. Dr. Thomas Cooper, Jefferson’s old friend, was agreed upon as the author of its revival, and was toasted as the father of nullification at Columbia, the capital of South Carolina, at a Fourth of July dinner[98] in 1833. If the Kentucky resolutions and the doctrine of nullification had not been dead, and buried in oblivion, it is impossible that Chief-Justice Marshall should have announced in the case of McCulloch against the State of Maryland that there was a universal assent to the proposition that the government of the Union, though limited in its powers, was supreme in its sphere; that General Jackson, in a proclamation to the whole country, could have declared its discovery was made by the statesmen of South Carolina of that day; and that the nullifiers of South Carolina should have toasted Cooper as its author.
We have found nowhere any claim of a right of secession, not even the use of the word, until the threat of South Carolina’s nullification. Any separation before was considered as a disruption of the Union. Jefferson spoke of it as scission. While some hold that Jackson “with his iron heel crushed out secession,” numerous attempts have been made, even recently, to prove that Jackson was not opposed to nullification, that in reality the proclamation was not his but was Edward Livingston’s. Parton, Jefferson’s biographer, tells us, when a pamphlet containing the proceedings of South Carolina reached Jackson, he went to his office and began to dash off page after page of the proclamation. To this was added many more of notes and memoranda which he had been accumulating. The papers were given to Mr. Livingston to draw up in proper form. In three or four days Livingston gave to Jackson a draft of the proclamation for examination. Jackson said that Livingston had not correctly understood his notes and suggested alterations, and had them made.[99]
The proclamation, whoever wrote it, is a clear, strong statement of the nature of our Union and its nationality; an abler production than Edward Livingston’s speech, when as Senator he spoke on this matter in 1830. If Jackson did not write a line of it he was not totally wanting in knowledge and comprehension, and must have understood the most important question that had arisen in his administration or in any administration since the inception of the government.
Jackson, as well as Calhoun, was of the Protestant Scotch-Irish race, that famous strain of blood that settled around Belfast and has made its mark in this country. Those who knew him well said that he had the craftiness of his canny Scotch ancestors, which he often concealed under apparently unpremeditated and ungovernable bursts of temper. No one before who had been a duellist and had killed his opponent, and had been a participator in street brawls and encounters, had become President. He was a warm friend and a bitter enemy, and against Calhoun he had a lasting grievance. His declaration, “I take the responsibility,” was characteristic of the man and admired by his adherents. No one of a will so indomitable ever came to the presidency. A mere boy of fourteen he fought in the revolutionary war. He studied law in North Carolina and at the age of twenty-two years he commenced his professional life in Tennessee, and acquired at once a large practice throughout the State, that brought him into public notice. He was the district attorney of the territory, and a member of the convention that made the constitution of that State, and as its first representative in Congress opposed Washington’s administration, and was one of the twelve members who would not join in the vote of thanks to him when he retired from the presidency. He was elected Senator in 1797 and opposed the administration of John Adams, but soon resigned the senatorship and became a judge of the Supreme Court of Tennessee and held that office for six years. He was of the party of strict constructionists. As President he vetoed bills for the aid of the Maysville and Lexington Road, a re-charter of the Second Bank of the United States, and several bills for internal improvements for harbors and rivers.
However much Livingston may have improved the style of the proclamation, or contributed to its argument, there can be no doubt that the reasoning and principles were Jackson’s. The public seems to have forgotten that he was a lawyer of large experience in his younger days, and an active politician all his lifetime. The proclamation was on a subject of which he had full knowledge and had formed decided opinions. When he came to a conclusion he cared not what any other man thought.
It has been a disputed matter whether the General Government actually prevailed in its controversy with South Carolina. Though the State prepared munitions of war, increased its militia, passed laws to punish persons executing those of the United States, and declared its secession from the Union if the United States laws were attempted to be enforced, neither the State nor its citizens did actually commit any overt act of resistance. They claimed, however, that Clay’s compromise bill, gradually reducing duties, which became law March 2d, was a surrender to them.
On the other hand it is asserted that the bill was not at all what South Carolina had demanded. It is undisputed that the United States Government passed a force bill based on the ground that it could compel the exercise of its authority over the citizens of a State disputing it, and that no resistance was made to the collection of the import duties after February 1st, when the State declared its ordinance should be enforced, the reduction of the tariff being subsequently passed.[100]
It was in South Carolina alone that the right of nullification was sanctioned by a majority of its citizens. There were in the debates in Congress on that matter members from other States who maintained that doctrine, but Southern writers have apparently purposely omitted, and Von Holst, Greeley, and Benton, historians of that time, have overlooked the resolutions of the other Southern States condemning the doctrines of South Carolina, which are the more significant as those States agreed with her in opposing and denouncing the tariff.