Force Bill
Encyclopedia
The United States
Force Bill, formally titled "An Act further to provide for the collection of duties on imports", 4 Stat.
632 (1833), enacted by the 22nd U.S. Congress
, consists of eight sections expanding Presidential power. The relevant sections are:
's use of whatever force necessary to enforce Federal tariffs. It was intended to suppress South Carolina
's refusal to collect tariff
s during the Nullification Crisis
. Opponents of the bill referred to it as Jackson's Bloody Bill or War Bill. The bill was a work of political mastery on Jackson's part as it gave the President the authority to close ports or harbors at his will. This in turn would require opponents to the tariff to travel a distance to carry out any threats or insurrection against federal facilities. Hostile acts against government facilities or personnel would then be considered pre-meditated and blatant.
The importance of the Force Bill is that it is the first piece of legislation to publicly deny the right of secession to individual states. Its approval meant that the principle of secession was no longer in keeping with the idea of a national union. In a presidential proclamation to the people of South Carolina
, Jackson stated:
South Carolina, in turn, nullified this Bill. Henry Clay
's Compromise Tariff passed the same day, satisfying John Calhoun
and South Carolina, making nullification unnecessary in any event.
The issue of nullification was a precursor to the American Civil War
. Nullification
is not specifically shown in the constitution; however neither is it specifically precluded and hence might be penumbrally retained and/or reserved under the Ninth
and Tenth Amendments
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Force Bill, formally titled "An Act further to provide for the collection of duties on imports", 4 Stat.
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
632 (1833), enacted by the 22nd U.S. Congress
22nd United States Congress
-House of Representatives:-Leadership:- Senate :* President:** John C. Calhoun , resigned December 28, 1832, thereafter vacant.* President pro tempore:** Samuel Smith , first elected December 5, 1831** Littleton W...
, consists of eight sections expanding Presidential power. The relevant sections are:
- Section 1 deals with unlawful obstructions to the collections of import duties; by securing ports and harbors for the protection of duty collectorsDuty (economics)In economics, a duty is a kind of tax, often associated with customs, a payment due to the revenue of a state, levied by force of law. It is a tax on certain items purchased abroad...
, allowing for the detention of vessels and cargoes to enforce revenue laws, and authorizes the President to use armed forces to protect customs officersCustomsCustoms is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
and to prevent the unauthorized removal of untaxed vessels and cargo. - Section 2 expands the jurisdiction of federal courtsFederal jurisdictionThe United States of America being a federal country is made up of many States and a central government. This central government may be known as the Union, the United States, or the Federal government...
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 misdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
. - 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 lawUnited States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, or interfere with the processLegal processLegal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...
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 who 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 clauseSunset provisionIn public policy, a sunset provision or 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." It is not clear whether subsequent Acts of Congress extended these provisions.
Original Intent
The Force Bill was initially enacted on March 2, 1833 to authorize U.S. President Andrew JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
's use of whatever force necessary to enforce Federal tariffs. It was intended to suppress South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
's refusal to collect tariff
Tariff
A tariff may be either tax on imports or exports , or a list or schedule of prices for such things as rail service, bus routes, and electrical usage ....
s during the Nullification Crisis
Nullification Crisis
The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared by the power of the State that the federal Tariff of 1828 and 1832 were unconstitutional and therefore null and void within...
. Opponents of the bill referred to it as Jackson's Bloody Bill or War Bill. The bill was a work of political mastery on Jackson's part as it gave the President the authority to close ports or harbors at his will. This in turn would require opponents to the tariff to travel a distance to carry out any threats or insurrection against federal facilities. Hostile acts against government facilities or personnel would then be considered pre-meditated and blatant.
The importance of the Force Bill is that it is the first piece of legislation to publicly deny the right of secession to individual states. Its approval meant that the principle of secession was no longer in keeping with the idea of a national union. In a presidential proclamation to the people of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, Jackson stated:
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!
South Carolina, in turn, nullified this Bill. Henry Clay
Henry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...
's Compromise Tariff passed the same day, satisfying John Calhoun
John C. Calhoun
John Caldwell Calhoun was a leading politician and political theorist from South Carolina during the first half of the 19th century. Calhoun eloquently spoke out on every issue of his day, but often changed positions. Calhoun began his political career as a nationalist, modernizer, and proponent...
and South Carolina, making nullification unnecessary in any event.
The issue of nullification was a precursor to the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Nullification
Nullification (U.S. Constitution)
Nullification is a legal theory that a State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional...
is not specifically shown in the constitution; however neither is it specifically precluded and hence might be penumbrally retained and/or reserved under the Ninth
Ninth Amendment to the United States Constitution
The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.-Text:-Adoption:When the U.S...
and Tenth Amendments
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
.