(41) Both died July 4, 1826.
(42) Hildreth, vol. vi., p. 664.
(43) Jefferson's Works, vol. vii., p. 159.
(44) Clay's Priv. Cor., p. 61.
XIII NULLIFICATION—1832-3 (1835)
A debate arose in the United States Senate over a resolution of Senator Foote of Connecticut proposing to limit the sale of the public lands, which took a wide range. Hayne of South Carolina elaborately set forth the doctrine of nullification, claiming it inhered in each State under the Constitution. He boldly announced that the Union formed was only a league or a compact. This called forth from Webster his celebrated "Reply to Hayne," of January 26, 1830, in which he assailed and apparently overthrew the then new doctrine of nullification. He denounced its exercise as incompatible with a loyal adherence to the Constitution, and showed historically that the government formed under it was not a mere "compact" or "league" between sovereign or independent States terminable at will. He then asserted that any attempt of any State to act on the theory of nullification would inevitably entail civil war or a dissolution of the Union.
The first real attempt, however, at nullification, or the first attempt of a State to declare laws of Congress nugatory and of no binding force when not approved by the State, was made in South Carolina in 1832, under the leadership of John C. Calhoun, then Vice-President of the United States, and hitherto a statesman of so much just renown, and esteemed so moderate and patriotic in his views on all national questions as to have been looked upon, with the special approval of the North, as eminently qualified for the Presidency. He hopefully aspired to it until he quarrelled with President Jackson; he had been in favor of a protective tariff.
Cotton was, as we have seen, the principal article of export, and the slaveholding cotton planters conceived the idea that to secure a market for it there must be no duties on imports, and that home manufactures of needed articles for consumption would restrict the foreign demand for the raw material. Besides, the South with its slave labor could not indulge in manufacturing. A tariff on imports meant protection to home industries and to free white labor, both inimical to slavery. Some leading Southern statesmen, adherents of slavery, had vehemently opposed the ratification of the Constitution of 1787, on the ground that as it empowered Congress to levy import duties, it would encourage and build up home industries, with free labor; and they prophesied that with them slavery would eventually become unprofitable and therefore unpopular, hence would die. This idea never left the Southern mind, so, when the Confederacy of 1861 was formed, its Constitution (framed at Montgomery, Alabama) prohibited such duties for the express reason that no branch of industry was to be promoted in the new slave government, using this language:
"Nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry."(45)
This was then supposed to be the highest bulwark of slavery. Its votaries understood its strength and weakness. Independent, well- paid free labor and industries (46) would ennoble the men of toil, bring wealth and power, build up populous towns and cities, and consequently overwhelm, politically and otherwise, the institution of slavery, or draw into successful social competition with plantation life wealthy inhabitants who knew not slavery and its demoralizing influences.