Force Bill
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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 ...
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: Arts and entertainment Film and television *'' Præsident ...
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
, the Force Bill consisted of eight sections expanding presidential power and was designed to compel the state of
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
'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 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 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 admi ...
. * 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, or interfere with the
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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 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, 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 South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
had been sorely disappointed by negotiations surrounding the Tariffs of 1828 and 1832. The state declared the two acts unconstitutional and refused to collect federal import
tariff A tariff or import tax is a duty (tax), duty imposed by a national Government, government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods ...
s. President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
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" 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'', p, 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 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, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
.


References

{{Andrew Jackson, state=collapsed 1833 in American law 1833 in the United States 22nd United States Congress Andrew Jackson United States federal trade legislation United States federal legislation articles needing infoboxes Andrew Jackson administration controversies