WHAT HATH A WARM OVERCOAT WROUGHT?
An Alternate History Timeline
By Robert Perkins
INTRODUCTION
During the administration of President
Andrew Jackson, there was a major crisis when the State of South Carolina
threatened to nullify recently passed federal tariff acts and prevent them from
being enforced within the bounds of said State. In response, President Jackson
made it clear that he intended to use military force against South Carolina if
she proceeded with these actions, and South Carolina, in the end, backed down,
defusing the crisis.
What is less known or appreciated is that the Northern States, during the same
period and afterward right up until the outbreak of the War between the States,
effectively nullified not only federal legislation...in the form of the Fugitive
Slave Act...but also a provision of the Constitution itself...the so-called
Fugitive Slave Clause of the Constitution.
In 1842, the United States Supreme Court, in the Prigg v Pennsylvania decision,
ruled that Northern "Personal Liberty Laws," as these pieces of
nullifying legislation were known, were unconstitutional. Chief Justice
Story, in his opinion in the Prigg case, wrote that States could not
constitutionally over-ride federal law via State legislation. But, he
continued, there was also no constitutional requirement that the State
governments must enforce federal laws. In response, in the following
year, four States...Pennsylvania, New York, Ohio, and Vermont...passed new
personal liberty laws seeking to take advantage of this apparent loophole in the
Supreme Court's decision. The new laws forbade State officials from taking
any action with regard to run-away slaves at all...said slaves could not be
apprehended by State law enforcement officials, could not be held in State
jails, and claims for their return could not be heard in State Courts. Although
these laws were clearly a violation of the spirit of the Constitution, if not
technically a violation of the letter of it, they were never challenged.
Unlike the situation with South Carolina during the Jackson
Administration, the Administration of President John Tyler...a staunch believer
in States' Rights...never threatened to use military force against those
Northern States which were effectively nullifying not only Federal Law, but the
Constitution itself. But what if a President inclined to do just that had been
in office? Although we can never know what William Henry Harrison
would have done in this situation had he survived to serve out his term, we can
speculate on his actions, and the possible results. And so, we present
this timeline. Enjoy!
Part One: 1841-1860
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Copyright 2007-2009 by Robert P. Perkins.
All rights reserved. Last updated on 2/25/2009.