Page:The New International Encyclopædia 1st ed. v. 14.djvu/792

NULLIFICATION. 674 NXJMA POMPILIUS. dress' here euuuciated. After this there were occasional attempts to defeat the execution of legishitive acts or judicial iiuiiulates of the United States courts, but with only partial suc- cess. Thus in 1S09 the Government of Penn- sylvania ordered out the militia to resist a niantlate of the Federal court. Again, after the enactment of the Embargo Act the governments of several of the Xew England States, whose com- merce and trade had been nearly destroyed, re- sorted to various means either of judicial con- struction or evasion to nullify the operation of the I'nited States statute. The second war with (treat Uritain, which was vigorously opposed in Xew England, increased the nullification spirit in that section. In several States the o])eration of Federal enlistment statutes was defeated by the refusal of the State governments to comply with their reipiirements, and the opposition to the war policy increased to such an extent that a con- vention was called at Hartford with a view, it was believed, of taking steps toward separation from the Inion. (See Hauti-(ihi) Convention-.) A somewhat successful nullification of the Federal will occurred in Georgia in 1825- 29 through the assertion by the State Gov- ernment of jurisdiction over the lands occu- pied by the Cherokee Indians. In none of these cases was the constitutional right to suspend a law of the United States made the basis of the violation. The first open assertion of nullifica- tion as a constitutional right of each indiviilual State appeared in a paper prepared by John C. Calhoun in 1S28 for the use of the South Caro- lina l.eglslatuie, and entitled The South CaroluM Exposition. In this paper Calhoun argued that the States were sovereign, that the Federal Gov- ernment was their agent, ^nd that whenever a sovereign State became satisfied that the agent was misusing the powers delegated to it it was the right of such State to interpose and suspend the operation of the power thus being abused. .eeording to this view the State hail only to de- cide that a given statute of Congress was uncon- stitutional cii- oppressive, and then, acting through a convention I for Calhoun did not recognize the right of the Legislature in the premises), formally to suspend its further operation within the territory of the State until three-fotirths of the States in national convention should declare the suspended act of Congress a valid and reason- able law. In 1S;?0, after the publication of the flotith f'arolinn i:.riinsitio]i. Senator Rob- ert Y. Hayne (q.v.). from South Carolina, in the celebrated deliate with Daniel Webster (on the Foote resolution), made a brilliant de- fense of the nullification doctrine, and insisted, unlike Calhoun, that the formal act of suspen- sion could be made by the Legislature. The im- mediate occasion for the assertion of the right of nnllifieation by the two Carolinas was the rapid growth of the "system of protective tariffs which, it was claimed, acted injuriously upon South Carolina ami the Southern States generally, where manufacturing industries had not gained a foothold. The Tariff Act of 1824. itself contain- ing high protective features, had been followed by the so-called 'tariff of abominations' of 1828. and a tariff act but little less favorable of ls:!2. The time had now arrived for the trial of the new theory, ami accordingly the Governor of South Carolina called the Legislature together for such action as it might deem proper. The Legislature summoned a convention representing the 'sov- ereignty' of the State, and on November 24, 1832, this body passed an ordinance declaring the tariff acts of 1828 and 1832 null and void, prohibited the payment of duties after February 1, 1833, for- bade appeals, on the questions involved, to the Su- preme Court of the United States, and declared that if the Government of the United States at- tempted to interfere South Carolina would no longer consider herself a member of the Union. The new Legislature, which met in December, put the State on a war footing and passed a series of acts to enable the State ollicers to carry out the policy of nullification. Meantime Presi- dent Jackson took measures to enforce the col- lection of the duties at Charleston, and on Decem- ber 11th issued his celebrated proclamation warn- ing the people of South Carolina that they were being misled by designing men, whose object was disunion and treason, and that he had no discretioiiaiv duty, but must enforce the laws of the Union. Congress came to his aid and passed the so-called -Force Bill" in JIarch. 1S33, but in the meantime a compromise tariff measure had been agreed upon and made further resort to the Force Bill unnecessary. On ^March titli the South Carolina convention met and repealed the ordi- nance of nullification. The conflict was thus postponed, and whether Union or nullification triumphed in this controversy is still a drbatalde question. Consult: .Johnston, in Lalor, Ciiclo- liwdiii of I'nli Ileal .S'cicHcf (Xew York, 181)3); Houston, A Critical Study of yulUlicatioii (ib., ISStfl) ; and Powell, y unification and Secession (ilr„ 1897). NULLIPOEE (from Lat. nidlus. none + liorus, jKissage, pore). A general name for the more massive coral-like calcareous alga- that grow on the outside of coral reefs and thus afford some protection to the more delicate corals grow-- ing inside. They belong to the Rhodophyeea;. The most important genus is Lithothamnium. See CoRALiiN.E. NXTMANTIA, nu-man'shi-a. The chief town of the Ciltibii iaii people called Arevaci in ancient Spain, it was situated on the Douro (Durius), in the neighborhood of the present Soria in Old Castile. The site is probably marked by the ])resent Pucnte de (Jarray. Xumantia is cele- brated for the heroic resistance which it made to the Romans, fnmi n.r. 153. when its citizens first met a Roman army in battle, to n.c. 133. when it was taken and destroyed by Scipio the Young- er, after a siege of fifteen months, in the course of which famine and the sword had left alive ery few of its 8000 brave defenders. See article Scipio. NU'MA POMPILIUS. In the mythic his- tory of Romi>. the successor of Romulus. He was a native of Cures in the Sabine count ly. and was universally reverenced for his wisdom and piety. Unanimously elected King by the Roman people, he soon justified by his conduct the wis- dom of their choice. After dividing the lands which Romulus had conquered, he proceeded, with the assistance of the sacred nymph Egeria. to draw up religions institutions for his subjects, and thus stands out in the |)rimitive legend as the author of the Roman ceremonial law. His reign lasted for thirty nine years, and was a golden age of peace and happiness. The only feature in the myth of Xuma Pmiipilius which we