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warın affirmative of South Carolina a plain, 1 struction. The Constitution declares that, downright, Pennsylvania negative. South the laws of Congress passed in pursuance of Carolina, to show the strength and unity of the Constitution shall be the supreme law of her opinion, brings her assembly to a una- | the land. No construction is necessary nimity, within seven voices; Pennsylvania, here. It declares also, with equal plainness not to be outdone in this respect any more and precision, that the judicial power of the than in others, reduces her dissentient frac- United States shall extend to every case aristion to a single vote. Now, Sir, again I ask | ing under the laws of Congress. This needs the gentleman, What is to be done? Are | no construction. Here is a law, then, which these States both right? If not, which is in is declared to be supreme; and here is a the wrong? or, rather, which has the best power established, which is to interpret that right to decide? And if he, and if I, are not law. Now, Sir, how has the gentleman met to know what the Constitution means, and this? Suppose the Constitution to be a what it is, till those two State Legislatures, compact, yet here are its terms; and how and the twenty-two others, shall agree in its does the gentleman get rid of them ? He construction, what have we sworn to when cannot argue the seal off the bond, nor the we have sworn to maintain it? I was forci- | words out of the instrument. Here they bly struck, Sir, with one reflection, as the are; what answer does he give to them? gentleman went on in his speech. He None in the world, Sir, except, that the quoted Mr. Madison's resolutions14 to prove effect of this would be to place the States in that a State may interfere, in a case of a condition of inferiority; and that it results deliberate, palpable, and dangerous exercise from the very nature of things, there being of a power not granted. The honorable no superior, that the parties must be their member supposes the tariff law to be such own judges! Thus closely and cogently an exercise of power; and that, consequent does the honorable gentleman reason on the ly, a case has arisen in which the State may, words of the Constitution! The gentleman if it see fit, interfere by its own law. Now says, if there be such a power of final deciit so happens, nevertheless, that Mr. Madi sion in the General Government, he asks son deems this same tariff law quite consti- for the grant of that power. Well, Sir, I tutional! Instead of a clear and palpable show him the grant. I turn him to the violation, it is, in his judgment, no violation very words. I show him that the laws of at all. So that, while they use his authority Congress are made supreme; and that the for a hypothetical case, they reject it in the judicial power extends, by express words, to very case before them. All this, Sir, shows the interpretation of these laws. Instead of the inherent futility—I had almost used a answering this, he retreats into the general stronger word-of conceding this power of reflection, that it must result from the nainterference to the States, and then attempt ture of things, that the States, being parties, ing to secure it from abuse by imposing | must judge for themselves. qualifications of which the States themselves “I have admitted, that, if the Constitution are to judge. One of two things is true: | were to be considered as the creature of the either the laws of the Union are beyond the State governments, it might be modified, indiscretion and beyond the control of the terpreted, or construed according to their States, or else we have no constitution of pleasure. But, even in that case, it would General Government, and are thrust back be necessary that they should agree. Ono again to the days of the Confederation.” alone could not interpret it conclusively;
one alone could not construe it; one alone In his brief speech, which closed
could not modify it. Yet the gentleman's that debate, and finished the doctrine doctrine is, that Carolina alone may conof Nullification, Mr. Webster said:
strue and interpret that compact, which
equally binds all, and gives equal rights to “Sir, if I were to concede to the gentle all. man his principal proposition, namely, that
“So, then, Sir, even supposing the Conthe Constitution is a compact between stitution to be a compact between the States, States, the question would still be, What the gentleman's doctrine, nevertheless, is provision is made in this compact to settle | not maintainable; because first, the General points of disputed construction, or contested. Government is not a party to the compact, power, that shall come into controversy ? | but a government established by it, and And this question would still be answered, vested by it with the powers of trying and and conclusively answered, by the Constitu- | deciding doubtful questions; and, secondly, tion itself. While the gentleman is contend- because, if the Constitution be regarded as a ing against construction, he himself is set compact, not one State only, but all the ting up the most dangerous and loose con States, are parties to that compact, and one
14 The Virginia Resolves of 1799,
can have no right to fix upon it her own was born; while the father of John peculiar construction."
C. Calhoun died when his son was
still in his early teens. Each was by ANDREW JACKSON and JOHN C. birth a South Carolinian; for, though CALHOUN—two of the most remarka- | General Jackson's birth-place is ble men ever produced in this or any claimed by his biographers for North other country—were destined to lead Carolina, he expressly asserted South the rival forces by which the Nullifi- Carolinals to be his native State, in cation issue was finally brought to a the most important and memorable practical conclusion. Though they document to which his name is apbecame and died fierce antagonists, pended, and which flowed not merely and even bitter personal enemies, from his pen, but from his heart. their respective characters and careers Each was of the original Anti-Federexhibited many points of resemblance. al, strict-construction school in our Each was of that “Scotch-Irish” politics—Calhoun's father having vePresbyterian stock with which Crom- hemently opposed the adoption of well repeopled the north of Ireland the Federal Constitution; while Jackfrom Scotland, after having all but son, entering Congress as the sole reexterminated its original Celtic and presentative of the newly admitted Catholic inhabitants, who resisted State of Tennessee (December 5, and defied his authority. That 1796), voted in a minority of twelve Scotch-Irish blood to this day evinces against the address tendering to Gensomething of the Cromwellian ener- eral Washington, on his retirement gy, courage, and sturdiness. Each from the Presidency, a respectful exwas of Revolutionary Whig antece pression of the profound admiration dents-Jackson, though but thirteen and gratitude wherewith his whole years of age, having been in arms for public career was regarded by Conthe patriotic cause in 1780; his bro gress and the country. General ther Hugh having died in the service Jackson was not merely an extreme the preceding year. Andrew (then Republican of the Jeffersonian Statebut fourteen), with his brother Ro- Rights School; he was understood to bert, was taken prisoner by the Brit side with Colonel Hayne at the time ish in 1781, and wounded in the head of his great debate on Nullification and arm while a captive, for refusing with Mr. Webster. Each entered to clean his captor's boots. His bro- Congress before attaining his thirtither was, for a like offense, knocked eth year, having already taken a condown and disabled. John C. Cal- spicuous part in public affairs. Each houn was only born in the last year was first chosen to the House, but of the Revolutionary War; but his served later and longer in the Senate. father, Patrick Calhoun, was an Each was a slaveholder through most ardent and active Whig throughout | of his career, always found on the the struggle. Each was early left side of Slavery in any controversy fatherless—Andrew Jackson's father | affecting its claims or interests during having died before his illustrious son his public life; and neither emanci
156 Fellow-citizens of my native State !"_ appealing to South Carolinians in his Proclama
tion against the Nullifiers, Dec. 11, 1832. He can hardly have been mistaken on this head.
pated his slaves by his will. Each earliest conspicuous champion in our became, for the first time, a candidate national councils was Alexander for the Presidency in 1824, when Hamilton, General Washington's each counted with confidence on the Secretary of the Treasury, came, at powerful support of Pennsylvania. a later day, to be mainly championed When that State, through her leading by Republicans. The great merpoliticians, decided to support Jack-chants were leading Federalists; the son, Calhoun fell out of the race, but great sea-ports were mainly Federal was made Vice-President without strongholds; the seaboard was in serious opposition; General Jackson good part Federal: it yearned for receiving a plurality of the electoral extensive and ever-expanding comvotes for President, but failing of merce, and mistakenly, but naturally,
regarded the fostering of Home names were placed on the same Manufactures as hostile to the conticket, and they were triumphantly summation it desired. Mr. Jefferelected President and Vice-Presi- son's Embargo had borne with great dent respectively, receiving more severity upon the mercantile class, than two-thirds of the electoral votes, inciting a dislike to all manner of including those of every State south commercial restrictions. The inteof the Potomac. This is the only rior, on the other hand, was preponinstance wherein the President and derantly Republican, and early comVice-President were both chosen from prehended the advantage of a more those distinctively known as Slave symmetrical development, a wider States ; though New York was nom- diversification, of our National Indusinally and legally a Slave State when her Aaron Burr, George Clinton, and ragement of Home Manufactures. Daniel D. Tompkins were each chosen The Messages of all the Republican Vice-President with the last three Presidents, down to and including Virginian Presidents respectively. | General Jackson, recognize and Alike tall in stature, spare in frame, affirm the wisdom, beneficence, and erect in carriage, austere in morals, constitutionality of Protective legisimperious in temper, of dauntless lation. The prëamble to the first courage, and inflexible will, Jackson tariff act passed by Congress under and Calhoun were each fitted by na- the Federal Constitution explicitly ture to direct, to govern, and to affirms the propriety of levying immould feebler men to his ends; but
posts, among other ends, “for the they were not fitted to coalesce and protection of Domestic Manufacwork harmoniously together. They tures.” Mr. Jefferson, in his Annual had hardly become the accepted Message of December 14, 1806, after chiefs of the same great, predominant announcing that there is a prospect party, before they quarreled; and of an early surplus of Federal revetheir feud, never healed, exerted a nue over expenditure, proceeds: signal and baneful influence on the future of their country.
“The question, therefore, now comes forward — to what other objects shall these
| surpluses be appropriated, and the whole The Protective Policy, though its | surplus of impost, after the entire discharge
all the Republican
of the public debt, and during those inter- | by him with reference to new objects, vals when the purposes of war shall not call for them? Shall we suppress the impost and
not to those already provided for. give that advantage to foreign over domestic Had these required such enlargement, manufactures ? On a few articles of more the duties should have been repealed general and necessary use, the suppression, in due season, will doubtless be right; but
or reduced at once, to be rëimthe great mass of the articles on which im posed whenever Congress should be post is paid is foreign luxuries, purchased by those only who are rich enough to afford
clothed with the requisite constituthemselves the use of them. Their patriot tional power. ism would certainly prefer its continuance and application to the great purposes of the public education, roads, rivers, canals, and
HENRY CLAY entered Congress such other objects of public improvement as under Jefferson, in 1806, and was it may be thought proper to add to the con
an earnest, thorough, enlightened stitutional enumeration of federal powers. By these operations, new channels of com
Protectionist from the start. Mr. munication will be opened between the Calhoun first took his seat in 1811, States; the lines of separation will disap
when the question of war with Great pear; their interests will be identified, and their Union cemented by new and indissolu Britain dwarfed all others; and his ble ties."
zealous efforts, together with those “Education is here placed among the articles of public care, not that it would be pro
of Clay, Felix Grundy, and other posed to take its ordinary branches out of ardent young Republicans, finally the hands of private enterprise, which man
overbore the reluctance of Madison ages so much better all the concerns to which it is equal; but a public institution and his more sedate councilors, and can alone supply those sciences which, secured a Declaration of War on the though rarely called for, are yet necessary to complete the circle, all the parts of which
18th of June, 1812. At the close of contribute to the improvement of the coun that war, a revision of the existing try, and some of them to its preservation.
Tariff was imperatively required; The subject is now proposed for the consideration of Congress, because, if approved, by
and no man did more than John C. the time the State Legislatures shall have Calhoun--then, for his last term, a deliberated on this extension of the federal trusts, and the laws shall be passed, and
leading member of the House-to
leading membe other arrangements made for their execu- secure the efficient Protection of tion, the necessary funds will be on hand | Home Manufactures, but especially and without employment. I suppose an amendment to the Constitution, by consent of the Cotton Manufacture, by the of the States, necessary, because the objects Tariff of 1816; which Massachusetts, now recommended are not among those enu
and most of New England, opposed, merated in the Constitution, and to which it permits the public moneys to be applied.” precisely because it was Protective,
Mr. Jefferson, it will be seen, sug- and therefore, in the short-sighted gests an amendment to the Constitu- view, hostile to the interests of Comtion, to give Congress power to raise merce and Navigation. Internal Imand appropriate money to the “great provements, and all other features of purposes of education, roads, rivers, what was termed the National in canals," etc.; but he betrays no sus contradistinction to the Radical or picion that the incidental Protec- strict-construction theory of the nation then confessedly enjoyed by our ture and functions of our Federal Home Manufactures was given in Government, found in Mr. Calhoun defiance of “the Constitution as it and his personal adherents their is.” On the contrary, an enlarge- most thorough-going champions: and ment of federal power was suggested South Carolina was, about 1820, the
THE TARIFF OF 18 28.
91 arena of a stirring conflict between by most of the members from the Cother “ National school of politicians, ton States, and by a majority of those headed by Calhoun and McDuffie, from New England-some provisions and the “Radicals,” whose chief was having been engrafted upon it with the William H. Crawford, of Georgia. alleged purpose and the certain effect Repeated duels between Mr. McDuffie of making it obnoxious to Massachuand Colonel William Cuming, of Geor- setts and the States which, on either gia, in one of which McDuffie was se- side, adjoined her. On the other verely wounded, were among the in- hand, the members from the Middle cidents of this controversy. Yet but and Western Free States, without few years elapsed before Mr. Calhoun distinction of party, supported it aland his trusty henchman, McDuf- most unanimously. This Tariff imfie, appeared in the novel character posed high duties on Iron, Lead, of champions of “State Rights,” and Hemp, Wool, and other bulky starelentless antagonists of Protection, ples, and was very generally popular. and all the “National" projects they Under it, the industry of the Free had hitherto supported! Mr. Calhoun States, regarded as a whole, was attempted, some years afterward, to more productive, more prosperous, reconcile this flagrant inconsistency; better rewarded, than ever before, but it was like “arguing the seal off and the country exhibited a rapid the bond”—a feat to which the sub- growth in wealth, intelligence, and tlest powers of casuistry are utterly general comfort. inadequate. He did prove, howev- The South—that is, the cottoner, that his change did not follow, growing region -- for Louisiana, but preceded, his quarrel with Gen- through her sugar-planting interest, eral Jackson-his original, though sustained the Protective policy, and then unacknowledged, demonstration shared in the prosperity thence resultagainst Protection as unconstitutional, ing—now vehemently opposed the and in favor of Nullification as a re- Tariff, declaring herself thereby served right of each State, having plundered and impoverished. There been embodied in an elaborate docu- is no evidence that her condition was ment known as “The South Carolina less favorable, her people less comExposition," adopted and put forth fortable, than they had been ; but by the Legislature of his State near the contrast between the thrift, prothe close of 1828. The doctrines gress, and activity of the Free States, therein affirmed were those propound- and the stagnation, the inertia, the ed by Hayne and refuted by Webster poverty, of the cotton region, was in the great debate already noticed. very striking. And, as the South
was gradually unlearning her RevoThe Tariff of 1828—the highest lutionary principles, and adopting and most protective ever adopted in instead the dogma that Slavery is this country—was passed by a Jack- essentially right and beneficent, she son Congress, of which Van Buren, could not now be induced to appreSilas Wright, and the Jacksonian hend, nor even to consider, the real leaders in Pennsylvania and Ohio, cause of her comparative wretchedwere master-spirits. It was opposed ness; though she was more than once