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The Nullification Crisis was a sectional crisis in 1832–33, during the presidency of Andrew Jackson, which involved a confrontation between South Carolina and the federal government. The crisis ensued after South Carolina declared that the federal Tariffs of 1828 and 1832 were unconstitutional and therefore null and void within the sovereign boundaries of the state. The nation suffered an economic downturn throughout the 1820s, and South Carolina was particularly affected. Many South Carolina politicians blamed the change in fortunes on the national tariff policy that developed after the War of 1812 to promote American manufacturing over its European competition.〔Freehling, The Road to Disunion, pg. 255. Craven pg. 60. Ellis pg. 7.〕 The controversial and highly protective Tariff of 1828 (known to its detractors as the "Tariff of Abominations") was enacted into law during the presidency of John Quincy Adams. The tariff was opposed in the South and parts of New England. By 1828, South Carolina state politics increasingly organized around the tariff issue. Its opponents expected that the election of Jackson as President would result in the tariff being significantly reduced.〔Remini, ''Andrew Jackson'', v2, pp. 136-137. Niven, pp. 135-137. Freehling, ''Prelude to Civil War'', pg. 143.〕 When the Jackson administration failed to take any actions to address their concerns, the most radical faction in the state began to advocate that the state itself declare the tariff null and void within South Carolina. In Washington, an open split on the issue occurred between Jackson and Vice President John C. Calhoun, the most effective proponent of the constitutional theory of state nullification.〔Craven, pg. 65. Niven, pp. 135-137. Freehling, ''Prelude to Civil War'', pg. 143.〕 On July 14, 1832, before Calhoun had resigned the Vice Presidency in order to run for the Senate where he could more effectively defend nullification,〔Niven p. 192. Calhoun replaced Robert Y. Hayne as senator so that Hayne could follow James Hamilton as governor. Niven writes, "There is no doubt that these moves were part of a well-thought-out plan whereby Hayne would restrain the hotheads in the state legislature and Calhoun would defend his brainchild, nullification, in Washington against administration stalwarts and the likes of Daniel Webster, the new apostle of northern nationalism."〕 Jackson signed into law the Tariff of 1832. This compromise tariff received the support of most northerners and half of the southerners in Congress.〔Howe p. 410. In the Senate only Virginia and South Carolina voted against the 1832 tariff. Howe writes, "Most southerners saw the measure as a significant amelioration of their grievance and were now content to back Jackson for reelection rather than pursue the more drastic remedy such as the one South Carolina was touting."〕 The reductions were too little for South Carolina, and on November 24, 1832, a state convention adopted the Ordinance of Nullification, which declared that the Tariffs of 1828 and 1832 were unconstitutional and unenforceable in South Carolina after February 1, 1833. Military preparations to resist anticipated federal enforcement were initiated by the state.〔Freehling, ''Prelude to Civil War'' pp. 1-3. Freehling writes, "In Charleston Governor Robert Y. Hayne ... tried to form an army which could hope to challenge the forces of ‘Old Hickory.’ Hayne recruited a brigade of mounted minutemen, 2,000 strong, which could swoop down on Charleston the moment fighting broke out, and a volunteer army of 25,000 men which could march on foot to save the beleaguered city. In the North Governor Hayne’s agents bought over $100,000 worth of arms; in Charleston Hamilton readied his volunteers for an assault on the federal forts.”〕 On March 1, 1833, Congress passed both the Force Bill—authorizing the President to use military forces against South Carolina—and a new negotiated tariff, the Compromise Tariff of 1833, which was satisfactory to South Carolina. The South Carolina convention reconvened and repealed its Nullification Ordinance on March 15, 1833, but three days later nullified the Force Bill as a symbolic gesture to maintain its principles. The crisis was over, and both sides could find reasons to claim victory. The tariff rates were reduced and stayed low to the satisfaction of the South, but the states’ rights doctrine of nullification remained controversial. By the 1850s the issues of the expansion of slavery into the western territories and the threat of the Slave Power became the central issues in the nation.〔Wilentz, pg. 388.〕 Since the Nullification Crisis, the doctrine of states' rights has been asserted again by opponents of the Fugitive Slave Act of 1850,〔Woods, pg. 78.〕 proponents of California's Specific Contract Act of 1863 (which nullified the Legal Tender Act of 1862),〔Tuttle, ''California Digest'' 26, pg. 47.〕 opponents of Federal acts prohibiting the sale and possession of marijuana in the first decade of the 21st century, and opponents of implementation of laws and regulations pertaining to firearms from the late 1900s up to 2013.〔(【引用サイトリンク】title=Linn sheriff says he won't enforce federal gun orders )〕 ==Background (1787–1816)== The historian Richard E. Ellis wrote: The extent of this change and the problem of the actual distribution of powers between state and the federal governments would be a matter of political and ideological discussion up to the Civil War and beyond.〔McDonald pg. vii. McDonald wrote, "Of all the problems that beset the United States during the century from the Declaration of Independence to the end of Reconstruction, the most pervasive concerned disagreements about the nature of the Union and the line to be drawn between the authority of the general government and that of the several states. At times the issue bubbled silently and unseen between the surface of public consciousness; at times it exploded: now and again the balance between general and local authority seemed to be settled in one direction or another, only to be upset anew and to move back toward the opposite position, but the contention never went away.”〕 In the early 1790s the debate centered on Alexander Hamilton's nationalistic financial program versus Jefferson's democratic and agrarian program, a conflict that led to the formation of two opposing national political parties. Later in the decade the Alien and Sedition Acts led to the states' rights position being articulated in the ''Kentucky and Virginia Resolutions''.〔Ellis pp. 1-2.〕 The Kentucky Resolutions, written by Thomas Jefferson, contained the following, which has often been cited as a justification for both nullification and secession: The Virginia Resolutions, written by James Madison, hold a similar argument: Historians differ over the extent to which either resolution advocated the doctrine of nullification. Historian Lance Banning wrote, "The legislators of Kentucky (or more likely, John Breckinridge, the Kentucky legislator who sponsored the resolution) deleted Jefferson's suggestion that the rightful remedy for federal usurpations was a "nullification" of such acts by each state acting on its own to prevent their operation within its respective borders. Rather than suggesting individual, although concerted, measures of this sort, Kentucky was content to ask its sisters to unite in declarations that the acts were "void and of no force", and in "requesting their appeal" at the succeeding session of the Congress.”〔Banning pg. 388.〕 The key sentence, and the word "nullification" was used in supplementary Resolutions passed by Kentucky in 1799.〔Brant, pg. 297, 629.〕 Madison's judgment is clearer. He was chairman of a committee of the Virginia Legislature which issued a book-length ''Report on the Resolutions of 1798'', published in 1800 after they had been decried by several states. This asserted that the state did not claim legal force. "The declarations in such cases are expressions of opinion, unaccompanied by other effect than what they may produce upon opinion, by exciting reflection. The opinions of the judiciary, on the other hand, are carried into immediate effect by force." If the states collectively agreed in their declarations, there were several methods by which it might prevail, from persuading Congress to repeal the unconstitutional law, to calling a constitutional convention, as two-thirds of the states may.〔Brant, pp. 298.〕 When, at the time of the Nullification Crisis, he was presented with the Kentucky resolutions of 1799, he argued that the resolutions themselves were not Jefferson's words, and that Jefferson meant this not as a constitutional but as a revolutionary right.〔Brant, pg. 629.〕 Madison biographer Ralph Ketcham wrote: Historian Sean Wilentz explains the widespread opposition to these resolutions: The election of 1800 was a turning point in national politics as the Federalists were replaced by the Democratic-Republican Party led by Thomas Jefferson and James Madison, the authors of the Kentucky and Virginia Resolutions. But, the four presidential terms spanning the period from 1800 to 1817 "did little to advance the cause of states’ rights and much to weaken it.” Over Jefferson’s opposition, the power of the federal judiciary, led by Federalist Chief Justice John Marshall, increased. Jefferson expanded federal powers with the acquisition of the Louisiana Territory and his use of a national embargo designed to prevent involvement in a European war. Madison in 1809 used national troops to enforce a Supreme Court decision in Pennsylvania, appointed an "extreme nationalist” in Joseph Story to the Supreme Court, signed the bill creating the Second Bank of the United States, and called for a constitutional amendment to promote internal improvements.〔Ellis, pg. 5. Madison called for the constitutional amendment because he believed much of the American System was unconstitutional. Historian Richard Buel Jr. notes that in preparing for the worst from the Hartford Convention, the Madison administration made preparation to intervene militarily in case of New England secession. Troops from the Canadian border were moved near Albany so that they could move into either Massachusetts or Connecticut if necessary. New England troops were also returned to their recruitment areas in order to serve as a focus for loyalists. Buel, pp. 220-221.〕 Opposition to the War of 1812 was centered in New England. Delegates to a convention in Hartford, Connecticut met in December 1814 to consider a New England response to Madison’s war policy. The debate allowed many radicals to argue the cause of states’ rights and state sovereignty. In the end, moderate voices dominated and the final product was not secession or nullification, but a series of proposed constitutional amendments.〔McDonald, pp. 69-70.〕 Identifying the South’s domination of the government as the cause of much of their problems, the proposed amendments included "the repeal of the three-fifths clause, a requirement that two-thirds of both houses of Congress agree before any new state could be admitted to the Union, limits on the length of embargoes, and the outlawing of the election of a president from the same state to successive terms, clearly aimed at the Virginians.”〔Wilentz pg. 166.〕 The war was over before the proposals were submitted to President Madison. After the conclusion of the War of 1812 Sean Wilentz notes: This spirit of nationalism was linked to the tremendous growth and economic prosperity of this post war era. However in 1819 the nation suffered its first financial panic and the 1820s turned out to be a decade of political turmoil that again led to fierce debates over competing views of the exact nature of American federalism. The "extreme democratic and agrarian rhetoric” that had been so effective in 1798 led to renewed attacks on the "numerous market-oriented enterprises, particularly banks, corporations, creditors, and absentee landholders”.〔Ellis, pg. 6. Wilentz, pg. 182.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「nullification crisis」の詳細全文を読む スポンサード リンク
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