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Cu. II.]

CALHOUN'S RESOLUTIONS.

27th of December, the committee of ways and means reported, by Mr. Verplanck, of New York; and a bill proposing a diminution of the duties on all protected articles, but leaving from fifteen to twenty per cent. for protective purposes, and to take effect immediately, with a further reduction to follow, was laid before the House; and this seems to have been in effect the reply to the resolution of the Senate.

1833.

At the commencement of the new year, 1833, the discussion of this scheme was entered upon; but it had gone on only a week, when the president, on January the 16th, by a message, communicated information respecting the ordinance and nullifying laws of South Carolina, and his own proclamation thereupon, accompanied by his views of what Congress should do; and on the 21st of the month, a bill to enforce the collection of the revenue according to the law was reported by the judiciary committee of the Senate. Thus there were two bills of primary importance on the same subject, but looking in precisely opposite directions, under discussion in the Houses of Congress at the same time, this enforcing or force bill in the Senate, to compel South Carolina to submit to the tariff of 1828, and the new tariff bill in the House of Representatives, to abolish that very tariff which the enforcing bill was to uphold.

The enforcing bill, which had, with great judgment, been drawn in a general form, so as not to wear an invidiously hostile aspect towards the nullifying state, made slow progress in the Senate. But the tariff bill in the House

391

seemed like to perish in a perfect flood of amendments and debates. The ex citement in the country was intense, for the state legislatures were almost all in session, and each felt bound to deliver itself upon the question of the day New England called to mind the Hartford Convention, and what was said then; whilst the south was anxious to see the tariff lowered to the revenue scale, anxious to see the supremacy of state sovereignty demonstrated, yet anxious for the maintenance of the Union; for, however much talk may have been indulged in on this subject, neither at the south nor anywhere else has there ever been wanting a conviction, that the dissolution of the Union would prove fatal to the state which should bring about such a result.

Mr. Calhoun, for the purpose (as he observed) of testing the principles of the "force" bill, proposed a series of resolutions to the Senate, which were no more than expansions of the old view of the state-sovereignty principle, and yet they involved the whole principle of "nullification." Starting from the definition of the Constitution, as a "compact" uniting "the people of the several states ;" and of the Union, as "a union between the states" which ratified "the constitutional compact;" he proceeded to the assertions, that whilst "certain definite powers" were delegated to the general government, "to be executed jointly," each state reserved to itself "the residuary mass of powers to be exercised by its own separate government;" and that in the assumption by the general government of powers not delegated to it, its acts are "unau

1833.

thorized, void, and of no effect," each state having "an equal right to judge for itself, as well of the infraction as of the mode and measure of redress," all being "sovereign parties, without any common judge." Lastly, he distinctly denied the opposite allegations, that the Union was based on a social compact of the people, "taken collectively, as individuals," and "that they have not the right of judging, in the last resort, as to the extent of powers reserved, and, of consequence, of those delegated;" because the tendency of those opinions was to "subvert the sovereignty of the states, to destroy the federal character of the Union, and to rear on its ruins a consolidated government, without constitutional check or limitation, and which must necessarily terminate in the loss of liberty itself."

pendent sovereignty to any;" "that the Supreme Court of the United States is the proper and only tribunal in the last resort for the decision of all cases in law and equity, arising under the Constitution, the laws of the United States, and treaties made under their authority;" and further, that the Senate "would not fail in the faithful discharge of its most solemn duty to support the executive in the just administration of the government, and clothe it with all constitutional power necessary to the faithful execution of the laws and the preservation of the Union."

Matters were making but slow progress, notwithstanding the session was drawing to its close. South Carolina hesitated to proceed to actual resistance, and the government was reluctant to press its determination further than could be helped. At this point Mr. Clay again stood forward as the sup

Mr. Grundy, on behalf of the administration, offered a series of counter res-porter of some measure of compromise, olutions, asserting the power of the United States to lay duties on imports, and denying that any state has the right to attempt to obstruct the execu tion of any acts of Congress. Mr. Clayton, one of the opposition Senators, declaring that these resolutions "tacitly yielded the whole doctrine of nullification;" submitted an additional resolution, setting forth the real reply to Calhoun's statement. It was to this effect,-"That the people of these United States are, for the purposes enumerated in their Constitution, one people and a single nation;" "that while the Constitution does provide for the interest and safety of all the states, it does not secure all the rights of inde

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1833.

which should enable both parties to
agree upon steps whereby a collision
might be prevented, and conflicting
claims and theories be allowed to rest.
On the 11th of February, Mr. Clay
rose and gave notice, that he should
ask leave of the Senate to introduce a
bill to modify the acts impos-
ing duties on imports. Next
day he did ask leave, and after a brief
discussion obtained it: This was the
"Compromise Tariff" bill; it provided
that, at the end of the year then cur-
rent, all ad valorem duties of more than
twenty per cent. should be reduced one-
tenth, and at the end of each alternate
year afterwards till 1839, an equal re-
duction; and that at the end of 1841,

Ca. II.]

MR. CLAY'S LAND BILL.

and half a year after that term, the residue of the excess should be taken off in two equal portions, leaving a maximum of twenty per cent. It also provided for the abolition of credit for duties, and the assessment of the value of imports at the ports of entry, or home valuation, after the 30th of June, 1842. Thus he thought, that the protective tariff would be preserved for a sufficient length of time, whilst the country would be tranquillized and good feeling restored.*

at once,

After a full discussion, in the course of which Mr. Calhoun expressed his approbation of the measure, it reached a third reading; and then it was stated by Mr. Clay, that a bill of precisely the same character had passed the House, and would most probably be presented for the approval of the Senate. In effect, the administration measure was shelved, Robert P. Letcher, of Kentucky, moving its recommittal, with instructions to the committee to report Mr. Clay's bill in its place; which was done, and it was accepted by a majority of a hundred and nineteen against eighty-five. This was on the 26th of February; on the next day it was sent to the Senate, passed that body on the 1st of March, twenty-nine voting for it, and sixteen against; and on the following day (which this year was the last in the session,) received the approval of the president.

The enforcing bill passed the Senate on the 20th of February; thirty-two

*For Senator Benton's "secret history of the compromise of 1833," see his "Thirty Years' View," vol. i., pp. 342-44.

VOL. III.-50

393

voting for it, and only one, John Tyler, afterwards president, in opposition to it. On the 28th, it passed the House, by a majority of a hundred and fifty against thirty-five; and received the president's approval at the same time as the tariff bill.*

1833.

In close connection with the compromise tariff was Mr. Clay's land bill, which was re-introduced by him early in December. Discussed at intervals during the three months of the session, but with no accession of light respecting any of its obscure points, it passed the Senate near the end of January, by a majority of four. The House took it up only on the 1st of March, but passed it then by ninetysix against forty, with some trifling amendment, which the Senate agreed to by a vote of twenty-three against five, and it was sent to the president. The lateness of the day on which it was sent gave the executive good opportunity to decline to return it, which was the course he pursued, and the bill was accordingly defeated.

The president, as we have noted, threw out doubts in his message, respecting the safety of the deposits of public money which were in the keeping of the United States Bank, and recommended to sell the stock in the hands of the government. The committee of ways and means reported through Mr. James K. Polk, the desirableness of the latter step; but the meas

*Mr. Webster's position on the subject of the tariff and the federal revenue, according to Mr. Benton, accorded very nearly with the standard recommended by General Jackson in his message at the opening of the session.

ure was immediately rejected, though by a small majority, a hundred and two against ninety-one. The same committee soon afterwards, by Mr. Verplanck, presented a resolution to the House, to the effect that the public deposits were quite safe whilst in the bank, and it was adopted by the large vote of a hundred and nine to forty-six. An agent, appointed by the secretary of the treasury, had previously reported, that the bank had an excess of funds of more than $7,000,000 over its liabilities, besides its capital of $35,000,000.

The twenty-second Congress expired on the 2d of March, (the 3d being Sunday,) and at the same time, General Jackson's first term of service reached its close. He had been re-elected by a large vote, in the preceding autumn, and Mr. Van Buren, had also, | by the same vote, been elevated to the vice-president's chair. Jackson received two hundred and nineteen votes, and Van Buren one hundred and eighty-nine. Henry Clay and John Sergeant received only forty-nine votes each; which clearly demonstrated the strength of the democracy, in their support of the views and measures of Andrew Jackson.*

On Monday, the 4th of March, the ceremonies connected with the inauguration of the president, were again gone through with, and Andrew Jackson de

livered his second Inaugural, and a second time took the Political excitements

1833. oath of office.

*In the latter part of June, 1830, John Randolph sailed for Europe, as minister to Russia. In the autumn of 1831, he returned to the United States; and died in Philadelphia, on the 24th of June, 1833.

seemed to have quieted down, in great measure, and the president, deeming it a favorable opportunity, determined to make a tour through the middle and eastern states during the summer. He was every where received as the chief magistrate of the Union, and was greatly gratified by the evident marks of affectionate confidence manifested by so many thousands towards his person and principles.*

Notwithstanding the decisive expression of sentiment on the part of Congress, General Jackson did not recede from his determination on the subject of removing the deposits from the United States Bank. Mr. Livingston having been sent as minister to France, Mr. M'Lane, at the end of May, was appointed secretary of state, in his place, and in the treasury, vacated by him, William J. Duane was placed The president probably expected that this gentleman would proceed, without hesitation, to carry out the views and purposes of the executive. But he had mistaken the man. Duane was not willing to act without authority from Congress, and only assented at length to the commissioning of Amos Kendall, to inquire into the terms upon which the state banks would take the money upon the basis of mutual guarantee.

The president having made up his mind to assume the responsibility, called his cabinet together on the 18th of

*In the autumn of this same year, 1833, Mr. Clay went over pretty much the same ground, and was received with even greater enthusiasm and marks of personal attachment, than had been bestowed upon the president.

CH. II.]

REMOVAL OF THE DEPOSITS.

395

commercial excitement and distress which ensued upon the course adopted by General Jackson. At the time, the business of the country was unusually active. The capitalists, and the mer chants, and mechanics, had unlimited confidence in each other, and all the moneyed institutions in the country had extended their loans to the utmost bounds of their ability. At such a juncture, great and rigid retrenchment, attended with want of confidence, was necessarily productive of ominous consequences; private credit was deeply affected; the business of the country was interrupted; and, in short, a com

September, and laid before it a statement of his views on the question at issue. Not much impression appears to have been produced by the elaborate document which was then read 1833. to the gentlemen present, and Senator Benton admits, that "the major part of them dissented from his design."* Mr. Duane agreed to remove the deposits, if Congress directed him to do so; but the president insisted upon his right to act without the intervention of Congress. Accordingly, on the secretary's refusal to do as the president directed, he removed him from his post, and on the 23d of September, appointed Roger B. Taney, then attorney-gen-plete and terrible panic was produced, eral, in his room. The new secretary had no scruples on the subject, and on the 1st of October, the deposits were removed, and placed in certain selected banks in different parts of the country.

It would require much larger space than we have at command, to give anything of an adequate description of the

* A day or two afterwards, this paper was printed m the “Globe," and is well worth the reader's exam

ination. General Jackson concludes in the following words:"The president again repeats, that he begs his cabinet to consider the proposed measure as his own, in support of which, he shall require no one of them to make a sacrifice of opinion or principle. Its responsibility has been assumed, after the most mature

deliberation and reflection, as necessary to preserve

the morals of the people, the freedom of the press, and the purity of the elective franchise; without which all

will unite in saying, that the blood and treasure expended by our forefathers, in the establishment of our happy system of government, will have been vain and fruitless. Under these convictions, he feels that a measure so important to the American people cannot be commenced too soon; and he therefore names the first day of October next, as a period proper for the

which seemed to be at its height when Congress met, but which was destined to last, with many fluctuations in its symptoms and violence, for some ten years.

The first session of the twenty-third Congress commenced on the 2d of December, 1833. Mr. Stevenson was reelected speaker of the House by a large majority, and Mr. Van Buren took his seat as presiding officer in the Senate. The administration, however, though so strong in the House, were in a minority in the Senate.

1833

The president's message was a long and carefully prepared document, setting forth the views of the executive quite at large on the various topics then agitating the community. Its recommendations received due attention from Congress, and many of them gave rise to long and animated debates. The principal business of the session was,

change of the deposits, or sooner, provided the neces- necessarily, the removal of the deposits;

sary arrangements with the state banks can be made."

and the opposition derived no little

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