The following is an abridged version of a chapter which will appear in the forthcoming, From Founding Fathers to Fire-Eaters: The Constitutional Doctrine of States’ Rights in the Old South, “Union among ourselves is not only necessary for our safety, but for the preservation of the common liberties and institutions of the whole confederacy. “While the refusal of the Convention to adopt any such provision, under such circumstances, proves, equally conclusively, that it was opposed to the delegation of such powers to the government, or any of its departments, legislative, executive, or judicial, in any form whatever.”. Feeling the immense responsibility of maintaining what the Founding Fathers had achieved, Calhoun eschewed mere ancestor worship and undertook the intimidating but important task of critically reexamining their philosophy in order to uphold its essential elements and amend its errors and excesses. All sovereignty thus resided in the individual states, while the exercise of sovereign power was shared through a pact delegating it partially to the federal government. Calhoun's constitutional ideas acted as a viable conservative alternative to Northern appeals to democracy, majority rule, and natural rights.[134]. The right of suffrage combined with the principle of a “concurrent majority,” concluded Calhoun, were the twin pillars of a just constitution. [171], Calhoun was portrayed by actor Arliss Howard in the 1997 film Amistad. Calhoun sometimes affiliated with the Whigs, but chose to remain a virtual independent due to the Whig promotion of federally subsidized "internal improvements". Therefore, if a state found a federal law unconstitutional and detrimental to its sovereign interests, it would have the right to "nullify" that law within its borders. Calhoun advanced the … Therefore, Van Buren, already not widely popular in the South, saw his support from that region crippled. When the super-majority sustains the nullifying state, that state cannot legitimately secede. [5][6], Patrick Calhoun belonged to the Calhoun clan in the tight-knit Scotch-Irish community on the Southern frontier. Nullification, then, takes shape as the possibility that a single state could appeal to the supermajority — the highest constitutional authority. Instead, Calhoun gave voice to the attitudes that led to the Civil War—and, as a consequence of that war, the ruin of the Old South economy. “An assumption, therefore, which would necessarily lead to the destruction of the whole system in the end, and the substitution of another, of an entirely different character, in its place, must be false.” Although neither the federal government nor the State governments had the “exclusive right” to enforce their powers upon each other, each did indeed have the right to judge the extent of their own powers. [9] Jackson selected Calhoun as his running mate, and together they defeated Adams and his running mate Richard Rush. “The effect of this is, to make each, as against the other, the guardian and protector of the powers allotted to it, and of which it is the organ and representative,” explained Calhoun. “It is, when properly understood, the vis medicatrix of the system – its great repairing and healing power – intended to remedy its disorders, in whatever cause or causes originating; whether in the original errors or defects of the Constitution itself, or the operation of time and change of circumstances, or in conflicts between its parts, including those between the coordinate governments,” explained Calhoun. The couple had 10 children over 18 years: Andrew Pickens Calhoun, Floride Pure, Jane, Anna Maria, Elizabeth, Patrick, John Caldwell Jr., Martha Cornelia, James Edward, and William Lowndes Calhoun. The Calhoun doctrine said that neither Congress nor the citizens of the territories could outlaw slavery in the territories.[151]. According to Calhoun, the amending power is the linchpin of state sovereignty and final proof of its rightful place in the American compact. The source of inequality between people comes not from the marketplace in “civil society,” but from the working of the State. According to the distinguished M.E. Historian Ulrich B. Phillips says that at this stage of Calhoun's career, "The word nation was often on his lips, and his conviction was to enhance national unity which he identified with national power. First, the peoples of the several states were part of a constitutional contract to which they acceded by ratification as separate and independent communities, and the Union as such exists between the states that have ratified the pact. But he … This "hall of fame" was established to fill five vacant portrait spaces in the Senate Reception Room. A concurrent majority avoided all of the pitfalls of party politics, claimed Calhoun, uniting rather than dividing society. The first error was that “all people are equally entitled to liberty.” According to Calhoun, liberty, strictly speaking, was not a right, but rather a privilege. [97], Tyler and his allies had, since 1843, devised and encouraged national propaganda promoting Texas annexation, which understated Southern slaveholders' aspirations regarding the future of Texas. Calhoun resigned the vice presidency to reenter the Senate, where he could better defend South Carolina’s action. Calhoun boldly challenged the two dominant strains of the American political tradition: Republicanism and Federalism, or their respective avatars, Thomas Jefferson and John Adams. “I hold the duties of life to be greater than life itself, and that in performing them manfully, even against hope, our labour is not lost, but will be productive of good in after times.”, Far from a “disunionist,” Calhoun did as much as anyone to preserve the Union in a time of tremendous change and conflict. Man’s “direct or individual affections” were stronger than his “sympathetic or social feelings,” answered Calhoun. The former was an act of a State government, the latter an act of the people of a State. Indeed, as the sovereign power that had brought the Constitution into being, the people of the States were above the Constitution, or as Calhoun put it, “in the relation of superior to subordinate – the creator to the created.” The Constitution, therefore, could not restrict the “sovereign rights” of the people of the States in any way. The “mainspring” of progress, however, was “the desire of individuals to better their condition.” Making all men materially equal, however – whether by making the rich poorer or the poor richer – would foster complacency and stifle progress. “They admit that the people of the several States form separate, independent, and sovereign communities – and that, to this extent, the Constitution is federal; but beyond this, and to the extent of the delegated powers, regarding them as forming one people or nation, they maintain that the Constitution is national.” Calhoun considered this theory not just as “unreasonable” as the theory that the Constitution was fully national, but “absurd” altogether. He was not a patriot in the American Revolution and opposed ratification of the federal Constitution on grounds of states' rights and personal liberties. [132] When Alick was captured, Calhoun wrote to the captor: I am glad to hear that Alick has been apprehended and am much obliged to you for paying the expense of apprehending him . Rather, to ensure true prosperity, it was necessary for a stronger group to provide protection and care for the weaker one. Calhoun returned to the Senate, where he opposed the Mexican–American War, the Wilmot Proviso, and the Compromise of 1850 before he died in 1850. [150], In the 1840s three interpretations of the constitutional powers of Congress to deal with slavery in territories emerged: the "free-soil doctrine," the "popular sovereignty position," and the "Calhoun doctrine". Calhoun queried how the Union might be preserved in light of subjugation of the "weaker" party—the pro-slavery South—by the "stronger" party, the anti-slavery North. Presents Calhoun's own words, the views of his contemporaries, and analyzes in retrospect by leading historians to create a three-fold perspective. -- Google Books The Calhoun Doctrine is also known as the Nullification Doctrine, and it argued that the American union consisted of sovereign states who could The Calhoun Doctrine is also known as the Nullification Doctrine, and it argued that the American union consisted of sovereign states who could nullify the acts of Congress. Calhoun anticipates the doctrine of public choice contractarianism as devel-oped by Buchanan and Tullock and expands this approach in original direc-tions. In Calhoun’s constitutional doctrine there is a peculiar relationship between nullification and secession, which the first attempt to put nullification into practice had made dramatically clear. This led to the beginning of the "Era of Good Feelings", an era marked by the formal demise of the Federalist Party and increased nationalism. [138] It alleged Northern violations of the constitutional rights of the South, then warned Southern voters to expect forced emancipation of slaves in the near future, followed by their complete subjugation by an unholy alliance of unprincipled Northerners and blacks. This identification of the man and thinker with a nation-region and an epoch – a cultural endeavor that Southerners sometimes welcomed, not always realizing it served the larger end of evicting anything “Southern” from American orthodoxy – was the peculiarly Yankee way of “sanitizing” Calhoun. In 1828 Congress passed a new tariff that dramatically increased the rates on raw goods. Indeed, a democracy of “one power” – in which the absolute majority had “sole control” of the government – could be just as tyrannous as any “monarchical or aristocratical” government. Calhoun would be confirmed by Congress by unanimous vote. Indeed, there was no reason to suspect that the States, who had “freely and voluntarily” created the federal government “for the common good of each and all,” would undermine rather than uphold its rightful delegated powers. Clemson University removed Calhoun's name … [19][20][21] In 1821 he became a founding member of All Souls Unitarian Church in Washington, D.C.[22], Historian Merrill Peterson describes Calhoun: "Intensely serious and severe, he could never write a love poem, though he often tried, because every line began with 'whereas' ..."[23], With a base among the Irish and Scotch Irish, Calhoun won election to South Carolina's 6th congressional district of the House of Representatives in 1810. [121], Calhoun died at the Old Brick Capitol boarding house in Washington, D.C., on March 31, 1850, of tuberculosis, at the age of 68. The House of Representatives, through its Northern majority, passed the provision several times. The Obama Nullification Doctrine. ... and called from Vice-President Calhoun the statement of the doctrine of nullification which was adopted by the South Carolina legislature at the close of the year and is known as the South Carolina Exposition. The Calhoun doctrine said Congress could never outlaw slavery in the territories. Written constitutions, furthermore, could not enforce their own limitations upon the government, but required adherence to a strict construction of their powers – one which the majority party would inevitably reject in favor of a self-serving liberal construction. “It is easy to see the end. For the rest of his life, Calhoun not only served as the leader of South Carolina – “our gallant little State” – but also a spokesman for the South in the “Great Triumvirate” with the Whigs Clay and Webster, all of whom were united in their opposition to Jackson, the first American Caesar. Thus, at the heart of the crisis lay “improper intermeddling of the Government with the private pursuits of individuals, who must understand their own interests better than the Government.”. [67] Calhoun openly argued for a state's right to secede from the Union, as a last resort to protect its liberty and sovereignty. [157] Against the backdrop of the George Floyd protests,[158] University chairman Smyth McKissick said that "we must recognize there are central figures in Clemson's history whose ideals, beliefs and actions do not represent the university's core values of respect and diversity". Supporters of the doctrine generally view it as a major political tool against tyranny by the central government over the state governments and the people, while to its opponents it… The departments, after all, were representatives of the States in their corporate character and representative population, and if the balance of power were upset between those two majorities, then the balance of power would be upset between the departments as well. As a great political realist, he maintained that historical experience had amply shown that “power can only be restrained by power, and not by reason and justice; and that all restrictions on authority, unsustained by an equal antagonist power, must forever prove wholly inefficient in practice.” The states alone could wield this power, and the remedy available to them was interposition: each state’s right separately to judge whether a federal intervention violated the Constitution. “Unless, indeed, the system itself, shall be found to furnish some means sufficiently powerful to resist this strong tendency, inherent in governments like ours, to absorb and consolidate all power in its own hands.”. He graduated as valedictorian in 1804. May we all remember that it can only be preserved by respecting the rights of the states, and distributing equally the benefit and burden of the Union. ... See Calhoun v. Hill, 607 S.W.2d 951 (Tex. From such a standpoint, the expansion of slavery decreased the likelihood for social conflict and postponed the declension when money would become the only measure of self-worth, as had happened in New England. Suffrage, after all, was the “instrumentality” by which party combinations were formed. The Supreme Court assumed the task constitutionally assigned to the states, and for over two hundred years narrow judicial majorities in Washington have weekly exercised the power to amend the Constitution. United States Constitution. A state signals a de facto alteration in the nature of the Union, and thus of federal powers, by nullifying. After his marriage, Calhoun and his wife attended the Episcopal Church, of which she was a member. It soon closed. “However sound the great body of the non-slaveholding States are at present, in the course of a few years they will be succeeded by those who will have been taught to hate the people and institutions of nearly one half of the Union, with a hatred more deadly than one hostile nation ever entertained toward another,” warned Calhoun. When Polk escalated the conflict with Mexico, however, Calhoun stood alone among Southerners against what he considered an “odious” war. “All these causes combined, gave to a community its maximum of power.”. In addition to his political treatises on the doctrine of nullification, Calhoun’s legacy includes his infamous “Slavery as a positive good” speech. Calhoun's frustration with congressional inaction, political rivalries, and ideological differences spurred him to create the Bureau of Indian Affairs in 1824. Our safety and prosperity depend on maintaining, in their full vigor, the restrictions imposed on the powers granted by the Constitution. Neither is perfect without the other. B john c calhoun defended the doctrine of. Appointed Secretary of War by President James Monroe in 1817, Calhoun reinvigorated what had become a defunct position and pursued a new, humane Indian policy. Americans celebrated what they called a "second war of independence" against Britain. “To this a kindred axiom may be added – that without a division of power there can be no organism; and without the power of self-protection…the stronger will absorb the weaker, and concentrate all power in itself.”, Calhoun’s next task was to determine whether the reserved powers, if fully exercised, were capable of resisting the encroachment of the delegated powers. “Thus only, can the Union be preserved; the government made permanent; the limits of the country be enlarged; the anticipations of the Founders of the system, as to its future prosperity and greatness, be realized; and the revolutions and calamities, necessarily incident to the theory which would make the federal government the sole and exclusive judge of its powers, be averted.”, Unlike other traditional republicans, such as John Randolph of Roanoke, who became voices in the wilderness even in their own time, Calhoun remained extremely influential throughout the United States and especially the South, a minority section where his argument for consensus rule over majority rule was most resonant. [84], To restore his national stature, Calhoun cooperated with Van Buren. The vote was announced as “unanimous,” not because every delegate voted aye, but because the majority of each delegation did – “showing clearly, that the body itself, regarded it as the united act of the several Colonies, and not the act of the whole as one community.” Having declared themselves “free and independent States,” the Continental Congress formed the Articles of Confederation, which were ratified by the States in their sovereign capacities. With financing from his brothers, he went to Yale College in Connecticut in 1802. While the New England tradition stressed a politically centralized enforcement of moral and religious norms to secure civic virtue, the South Atlantic tradition relied on a decentralized mo… Without slavery’s ominous stain, comprehensible in context , Calhoun would be the American philosopher of freedom par excellence. […] These are the diverse sources of wealth. He ran away for no other cause, but to avoid a correction for some misconduct, and as I am desirous to prevent a repetition, I wish you to have him lodged in Jail for one week, to be fed on bread and water and to employ some one for me to give him 30 lashes well laid on, at the end of the time. ], and all the high qualities which adorn our nature,” challenged Calhoun. All of these proposals, however, were defeated. “In them severally – or to express it more precisely, in the people composing them, regarded as independent and sovereign communities, the ultimate power of the whole system resided, and from them the whole system emanated.” Since, in the American republic, sovereignty belonged to the people, it necessarily belonged to the people of the States, as there was no one American people, but rather the separate and distinct people of each State. According to Calhoun, the war would corrupt the executive branch with power and patronage, burden the people with debt and taxes, yield the “forbidden fruit” of new territory which the North and the South would struggle to control, and turn the republic into an empire. The United States was commonly mistaken as a government of majority rule – “that numbers are its only element, and a numerical majority its only controlling power…that it is an absolute democracy.” On the contrary, the United States was a government of consensus. [94] Tyler looked to its ratification by the Senate as the sine qua non to his ambition for another term in office. Only through established institutions, avowed Calhoun, could the people retain or reclaim their liberty. Continued relevance of Calhoun’s doctrine – the most lucid exposition of the mechanism of a true federation – will depend on the swinging pendulum of power in the United States, a pendulum whose motion in the large empire nation of today has not yet stopped. Sam Houston, President of the Texas Republic, fearing Mexican retaliation, insisted on a tangible demonstration of U.S. commitments to the security of Texas. For four years he simultaneously kept up his reading and his hunting and fishing. Calhoun was despised by Jackson and his supporters for his alleged attempts to subvert the unity of the nation for his own political gain. Calhoun developed the doctrine of nullification primarily in response to a tariff issue. I hold then, that there never has yet existed a wealthy and civilized society in which one portion of the community did not, in point of fact, live on the labor of the other.[131]. He warned that the day "the balance between the two sections" was destroyed would be a day not far removed from disunion, anarchy, and civil war. If the election were a stalemate, however – no candidate receiving the minimum number of electoral votes – then the House, voting by State in their corporate character, chose the President. He added that he hoped the executions of Arbuthnot and Ambrister would deter the British and any other nations "who by false promises delude and excite an Indian tribe to all the deeds of savage war". “The Union cannot be saved by eulogies on the Union, however splendid or numerous,” remarked Calhoun. Instead of reading fourteen Lincoln biographies for inspiration and consulting with James M. McPherson on how to reconstruct the Middle East as democracy – using the “reconstruction” of the conquered Confederate States as a model – President George W. Bush might have profited immensely from Calhoun’s insight that the best constitutions were those adapted to their people. Hamilton spoke about this prospect with Governor John Forsyth of Georgia, who acted as a mediator between the Jackson campaign and Crawford. [94] Instead, Tyler chose to portray the annexation of Texas as something that would prove economically beneficial to the nation as a whole. In the last speech of his life, Calhoun denounced the Compromise of 1850, a series of measures which Clay had cobbled together to resolve the controversy surrounding the territory conquered from Mexico, as treating the symptom rather than curing the disease. Indeed, just as today’s Ron Paul exposed Americans to liberty, peace, and the gold standard, Calhoun exposed Americans to “Free Trade; Low Duties; No Debt; Separation from Banks; Economy, Retrenchment; and Strict Adherence to the Constitution.” The best way to characterize Calhoun’s career is not as a foiled presidential aspirant, but as that of a statesman, rising above the temporizing and dissembling politician in order to discern and perhaps direct the underlying forces determining the fate of his people. To Calhoun, a constitution was not abstract, but organic, growing from experience rather than ideals. Between the government and society, however, society was “greater.” Society, or the “social state,” was man’s natural state; government, or the “political state,” was an artificial institution. The Necessary and Proper Clause was often misinterpreted to provide that the means for the execution of the Congress’ delegated powers were entirely discretionary. Looking for answers at Calhoun College", Biographical Directory of the United States Congress, The Law Offices of John C. Calhoun Monument. [68], In "South Carolina Exposition and Protest", Calhoun argued that a state could veto any federal law that went beyond the enumerated powers and encroached upon the residual powers of the State. Through the rights of the States – derived from the coordinate relation of the State governments to the federal government and the sovereignty of the States over the whole – each of the parts of the United States had the power of self-protection against the execution of oppressive acts. Forsyth wrote a letter back to Hamilton in which he claimed that Crawford had stated to him that it was Calhoun, not Crawford, who had supported censuring Jackson for his invasion of Florida. When their judgments disagreed, the effect was a “negative on the acts of each,” thus vesting both with the power of self-protection. He said, in a speech on January 4, 1848: We make a great mistake, sir, when we suppose that all people are capable of self-government. Calhoun’s friends told him that he was too philosophical for the position and that it would stall his career in the prime of his life, but Calhoun believed that he had a duty to serve wherever needed. John C. Calhoun used the Doctrine of Nullification in his 1828 South Carolina Exposition protesting against the laws passed in respect of protective tariffs (taxes) and moved the nation into the Nullification Crisis. John C. Calhoun's South Carolina Exposition was therefore a Doctrine of nullification. A bill sponsored by the administration had been introduced by Representative Gulian C. Verplanck of New York, but it lowered rates more sharply than Clay and other protectionists desired. 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