The Force Bill, formally titled "''An Act further to provide for the collection of duties on imports''", (1833), refers to legislation enacted by the
22nd U.S. Congress on March 2, 1833, during the
nullification crisis.
Passed by
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
at the urging of
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
, the Force Bill consisted of eight sections expanding presidential power and was designed to compel the state of
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
's compliance with a series of
federal tariffs, opposed by
John C. Calhoun and other leading South Carolinians. Among other things, the legislation stipulated that the president could, if he deemed it necessary, deploy the
U.S. Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cl ...
to force South Carolina to comply with the law.
The relevant sections of the Force Bill are:
* Section 1 deals with unlawful obstructions to the collections of import duties; by securing ports and harbors for the protection of
duty collectors, allowing for the detention of vessels and cargoes to enforce revenue laws, and authorizes the president to use armed forces to protect
customs officers
A customs officer is a law enforcement agent who enforces customs laws, on behalf of a government.
Canada
Canadian customs officers are members of the Canada Border Services Agency. It was created in 2003 and preceded by the Canada Customs and ...
and to prevent the unauthorized removal of untaxed vessels and cargo.
* Section 2 expands the
jurisdiction of federal courts to cases arising from revenue collections by the U.S. government and allows injured parties in revenue cases to sue in court. It deems property detained by customs officers to be in the custody of the law, subject to disposition by court order only, and criminalizes anyone who circumvents the legal process in regaining detained property as guilty of a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
.
* Section 5 deals with States, or portions within a state, who employ force, or any other unlawful means, to obstruct the execution of
U.S. federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
, or interfere with the
process
A process is a series or set of activities that interact to produce a result; it may occur once-only or be recurrent or periodic.
Things called a process include:
Business and management
*Business process, activities that produce a specific se ...
of any
federal court. This section authorizes the president to use whatever force necessary to suppress such insurrections, "and to cause the said laws or process to be duly executed".
* Section 6 deals with states that refuse to jail persons imprisoned under federal law. It authorizes
U.S. marshals
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforce ...
to jail such persons in "other convenient places, within the limits of said state" and to make provisions for this purpose.
* Section 8 is a
sunset clause
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law ...
, stating that the "first and fifth sections of this act, shall be in force until the end of the next session of Congress, and no longer."
Background behind implementation
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
had been sorely disappointed by negotiations surrounding the
Tariffs of 1828 and
1832
Events
January–March
* January 6 – Abolitionist William Lloyd Garrison founds the New-England Anti-Slavery Society.
* January 13 – The Christmas Rebellion of slaves is brought to an end in Jamaica, after the island's white plan ...
. The state declared the two acts unconstitutional and refused to collect federal import
tariff
A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and poli ...
s. President
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
saw the nullification doctrine as being equivalent to treason.
In an early draft of what would eventually become his "
Proclamation to the People of South Carolina
The Proclamation to the People of South Carolina was written by Edward Livingston and issued by Andrew Jackson on December 10, 1832. Written at the height of the Nullification Crisis, the proclamation directly responds to the Ordinance of Nullifi ...
" on December 10, 1832, Jackson declared to the South Carolina government:
Seduced as you have been, my fellow countrymen by the delusion theories and misrepresentation of ambitious, ''deluded'' & designing men, I call upon you in the language of truth, and with the feelings of a Father to retrace your steps. As you value liberty and the blessings of peace blot out from the page of your history a record so fatal to their security as this ordinance will become if it be obeyed. Rally again under the banners of the union whose obligations you in common with all your countrymen have, with an appeal to heaven, sworn to support, and which must be indissoluble as long as we are capable of enjoying freedom. Recollect that the first act of resistance to the laws which have been denounced as void by those who abuse your confidence and falsify your hopes is Treason, and subjects you to all the pains and penalties that are provided for the highest offence against your country. Can (you)...consent to become Traitors? Forbid it Heaven![Remini, Robert V.: ''The Life of Andrew Jackson'', page 241. Perennial, an imprint of HarperColling Publishers, 2001.]
Meanwhile, Congress passed the Force Bill, which was enacted on March 2, 1833. It authorized the president to use whatever force he deemed necessary to enforce federal tariffs. As a matter of principle, the South Carolina legislature voted to nullify the Force Bill, but simultaneously, a
Compromise Tariff
The Tariff of 1833 (also known as the Compromise Tariff of 1833, ch. 55, ), enacted on March 2, 1833, was proposed by Henry Clay and John C. Calhoun as a resolution to the Nullification Crisis. Enacted under Andrew Jackson's presidency, it was ...
was passed by Congress, defusing the crisis.
While the Force Bill rejected the concept of individual states' rights to nullify federal law or to secede from the Union, this was not universally accepted. It would arise again in the buildup to the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
.
References
{{Andrew Jackson, state=collapsed
1833 in law
1833 in the United States
22nd United States Congress
Andrew Jackson
United States federal trade legislation
United States federal legislation articles without infoboxes