The Examiner, and Journal of Political Economy/Volume 2/Number 13/The Genuine Book of Nullification/5
CHAPTER V.
CONNECTICUT NULLIFICATION.
Having in my last Chapters given some very perfect specimens of this remedy in Pennsylvania and Massachusetts, we come now to the land, most emphatically of steady habits. Here, again, we find this doctrine practised in perfection, both by the Legislature, and by convention.
We must premise, however, that in giving these instances of Nullification, which occurred at the time of the embargo; we do not present them at all in the light of a justification to ourselves for adopting these doctrines—for indeed, we require no justification in a case so palpably warrantable and correct as our own—whilst the Nullifiers of the embargo now find none so bold as to vindicate or uphold them in their unhallowed and unauthorized attempt to paralize and destroy their country in the progress of a fearful contest with a gigantic adversary—but we produce them merely to refute the unfounded and absurd declarations of our opponents, that Nullification has never been practised in our country—and to show that the very vilest species of resistance to the Federal Government, has proceeded from that quarter, which is now most abusive of the South.
1st. Nullification by the Legislature.
In the year 1809, a very useful, judicious and truly impartial war measure of the United States, passed into a law by Congress, was thus repealed and nullified by the Legislature of Connecticut.
"Resolved, That to preserve the Union, and support the Constitution of the United States, it becomes the duty of the Legislature of the States, in such a crisis of affairs, vigilantly to watch and vigilantly to maintain the powers not delegated to the United States, but reserved to the States respectively, or to the people—and that a due regard to this duty will not permit the assembly to assist or concur in giving effect to the aforesaid unconstitutional Acts.
Resolved, That this assembly highly approve the conduct of his Excellency the Governor in declining to designate persons to carry into effect, by aid of military powers, the Acts of the United States, enforcing the embargo—and that his letter, addressed to the Secretary at War, containing his refusal to make such designation, be recorded in the public records of this State, as an example to persons who may hold places of distinguished trust in this Free and Independent Republic.
Resolved, That the persons holding Executive offices under this State, are restrained by the duties which they owe this State, from affording any official aid or co-operation in the execution of the Acts aforesaid—and that his Excellency the Governor be requested, as Commander-in-Chief of the Military force of this State, to cause these resolutions to be published in General Orders, and that the Secretary of this state be, and he is hereby ordered, to transmit copies of the same to the several Sheriffs and Town Clerks.
Resolved, That his Excellency the Governor be requested to communicate the foregoing Resolutions to the President of the United States, with an assurance that this assembly regrets that they are thus obliged, under a sense of paramount public duty, to assert the unquestionable rights of this State, to abstain from any agency in the exception of measures which are unconstitutional and despotic.
2d. By Convention—In exact accordance with the above Resolutions of the Legislature, were the proceedings of the Hartford Convention, which met during the war—for that body not only refused to aid in the prosecution of the war, but actually (though secretly) made arrangements to resist the United States.
See Appendix. Note D.