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kindly and delicately reminded of it. | Senators not to suppose that I do it in the Mr. George M. Dallas, 16 of Pennsyl

spirit of taunt, of reproach, or of idle de

clamation. Regarding it as a misfortune vania—a life-long Democrat and merely, not as a fault--as a disease inherited, anti-Abolitionist, cautious, conserva not incurred-perhaps to be alleviated, but

not eradicated—I should feel self-condemned tive, conciliatory-replying to one of

were I to treat it other than as an existing Mr. Hayne's eloquent and high fact, whose merit or demerit, apart from the wrought portrayals of the miserable

question under debate, is shielded from

commentary by the highest and most just state to which the South and her in

considerations. I refer, Sir, to the character dustry had been reduced by the Pro- of Southern labor, in itself, and in its in

fluence on others. Incapable of adaptation tective policy, forcibly and truthfully

to the ever-varying changes of human sociesaid:

ty and existence, it retains the communities

in which it is established, in a condition of “What, Sir, is the cause of Southern dis

apparent and comparative inertness. The tress? Has any gentleman yet ventured to

lights of Science and the improvements of designate it? I am neither willing nor

Art, which vivify and accelerate elsewhere, competent to flatter. To praise the honora

cannot penetrate, or if they do, penetrate ble Senator from South Carolina would be

with dilatory inefficiency, among its operaTo add perfume to the violet

tives. They are not merely instinctive and Wasteful and ridiculous excess.'

passive. While the intellectual industry of But, if he has failed to discover the source

other parts of this country springs elastically of the evils he deplores, who can unfold it?

forward at every fresh impulse, and manual Amid the warm and indiscriminating denun labor is propelled and redoubled by countciations with which he has assailed the less inventions, machines, and contrivances, policy of protecting domestic manufactures instantly understood and at once exercised, and native produce, he frankly avows that the South remains stationary, inaccessible to he would not deny that there are other such encouraging and invigorating aids. causes, besides the Tariff, which have con Nor is it possible to be wholly blind to the tributed to produce the evils which he has moral effect of this species of labor upon depicted.' What are those other causes ?' 1' those freemen among whom it exists. A In what proportion have they acted ? How disrelish for humble and hardy occupation; much of this dark shadowing is ascribable to

la pride adverse to drudgery and toil; a each singly, and to all in combination? | dread that to partake in the employments Would the Tariff be at all felt or denounced,

allotted to color may be accompanied also if those other causes were not in operation

by its degradation, are natural and inevitaWould not, in fact, its influence, its discrimi ble. The high and lofty qualities which, in nations, its inequalities, its oppressions, but other scenes and for other purposes, characfor those 'other causes,' be shaken, by the terize and adorn our Southern brethren, are elasticity, energy, and exhaustless spirit of fatal to the enduring patience, the corporal the South, as 'dew-drops from the lion's exertion, and the painstaking simplicity, by mane ? These inquiries must be satisfac- , which only a successful yeomanry can be torily answered before we can be justly formed. · When, in fact, Sir, the Senator required to legislate away an entire system. from South Carolina asserts that “Slaves are If it be the root of all evil, let it be exposed

too improvident, too incapable of that miand demolished. If its poisonous exhalations nute, constant, delicate attention, and that be but partial, let us preserve such portions persevering industry which are essential to as are innoxious. If, as the luminary of

manufacturing establishments,' he himself day, it be pure and salutary in itself, let us

admits the defect in Southern labor, by not wish it extinguished, because of the

which the progress of his favorite section shadows, clouds, and darkness, which ob

must be retarded. He admits an inability scure its brightness, or impede its vivifying to keep pace with the rest of the world. He power.

admits an inherent weakness; a weakness “That other causes' still, Mr. President,

neither engendered nor aggravated by the for Southern distress, do exist, cannot be Tariff-which, as societies are now constidoubted. They combine with the one I tuted and directed, must drag in the rear, have indicated, and are equally unconnected

and be distanced in the common race.” with the manufacturing policy. One of these it is peculiarly painful to advert to; and when I mention it, I beg honorable South Carolina did not heed these

16 Speech in the Senate, February 27, 1832.

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long after their resi

court” thus

der of the State

gentle admonitions. The convictions States against the validity of said of her leading men were, doubtless, act should be permitted; no copy of Pro-Slavery and Anti-Tariff; but the proceedings should be taken for their aspirations and exasperations the purpose of making such appeal; likewise tended to confirm them in and any attempt to appeal to the Juthe course on which they had resolved diciary of the United States from any and entered. General Jackson and decision of a State court affirming and Mr. Calhoun had become estranged upholding this Ordinance, should be and hostile not long after their joint “dealt with as for a contempt of the election as President and Vice-Presi- court” thus upholding and affirming. dent, in 1828. Mr. Calhoun's san- Every office-holder of the State, and guine hopes of succeeding to the “every juror” was required expressly Presidency had been blasted. Mr. to swear to obey this Ordinance, and Van Buren supplanted him as Vice- all legislative acts based thereon. President in 1832, sharing in Jack- Should the Federal Government unson's second and most decided dertake to enforce the law thus nullitriumph. And, though the Tariff of fied, or in any manner to harass or 1828 had been essentially modified obstruct the foreign commerce of the during the preceding session of Con- State, South Carolina should theregress, South Carolina proceeded, di- upon consider herself no longer a rectly after throwing away her vote member of the Federal Union : in the election of 1832, to call a Con

“The people of this state will thenceforth vention of her people, which met at hold themselves absolved from all further her Capitol on the 19th of Novem- | obligation to maintain or preserve their poliber. That Convention was composed

tical connection with the people of the other

States, and will forthwith proceed to organof her leading politicians of the Cal |ize a separate government, and do all other houn school, with the heads of her acts and things which sovereign and indegreat families, forming a respectable

pendent States may of right do.” and dignified assemblage. The net Thus was Nullification" embodied result of its labors was an Ordinance in an Ordinance preparatory to its of Nullification, drafted by a grand reduction to practice. The LegislaCommittee of twenty-one, and adopt- ture, in which the Nullifiers were an ed with entire unanimity. By its overwhelming majority, elected Mr. terms, the existing Tariff was form-Webster's luckless antagonist, Robert ally pronounced “null, void, and no

| Y. Hayne, Governor of the State ; law, nor binding on this State, its and the Governor, in his Message, officers, or citizens,” and the duties thoroughly indorsed the action of the on imports imposed by that law were nullifying Convention, whereof he forbidden to be paid within the State of South Carolina after the 1st day “I recognize," said he, “no allegiance as of February ensuing. The Ordinance

paramount to that which the citizens of

South Carolina owe to the State of their contemplated an act of the Legisla birth or their adoption. I here publicly ture nullifying the Tariff as afore declare, and wish it to be distinctiy undersaid ; and prescribed that no appeal

stood, that I shall hold myself bound, by the

highest of all obligations, to carry into to the Supreme Court of the United effect, not only the Ordinance of the Con

17 November 24, 1832.

vention, but every act of the Legislature, maintain the Constitution, as if unand every judgment of our own courts, the

conscious of the tempest he had exenforcement of which may devolve upon the executive. I claim no right to revise their cited, and which was now preparing acts. It will be my duty to execute them; 1 to burst upon his head. and that duty I mean, to the utmost of my

General Jackson had already 18 power, faithfully to perform." He proceeded :

made provision for the threatened “If the sacred soil of Carolina should be

emergency. Ordering General Scott polluted by the footsteps of an invader, or to proceed to Charleston for the purbe stained with the blood of her citizens,

pose of “superintending the safety shed in her defense, I trust in Almighty God that no son of hers, native or adopted, who

of the ports of the United States in has been nourished at her bosom, or been that vicinity," and making the requicherished by her bounty, will be found rais

site disposition of the slender military ing a parricidal arm against our common mother. And even should she stand ALONE

and naval forces at his command, the in this great struggle for constitutional President sent confidential orders to liberty, encompassed by her enemies, that there will not be found, in the wide limits

the Collector for the port of Charlesof the State, one recreant son who will not ton, whereof the following extract fly to the rescue, and be ready to lay down

sufficiently indicates the character his life in her defense. South Carolina cannot be drawn down from the proud emi- and purpose : nence on which she has now placed herself, “Upon the supposition that the measures of except by the hands of her own children. / the Convention, or the acts of the Legislature Give her but a fair field, and she asks no may consist, in part, at least, in declaring more. Should she succeed, hers will be the laws of the United States imposing glory enough to have led the way in the duties unconstitutional, and null and void, noble work of REFORM. And if, after mak and in forbidding their execution, and the ing these efforts due to her own honor, and collection of the duties within the State of the greatness of the cause, she is destined | South Carolina, you will, immediately after utterly to fail, the bitter fruits of that failure, it shall be formally announced, resort to all not to herself alone, but to the entire South, | the means provided by the laws, and particnay, to the whole Union, will attest her vir- ularly by the act of the 2d of March, 1799, tue."

to counteract the measures which may be The Legislature proceeded to pass

adopted to give effect to that declaration.

“For this purpose, you will consider the acts requisite to give practical

yourself authorized to employ the revenue effect to the Ordinance, and the Gov cutters which may be within your district, ernor to accept the services of volun

and provide as many boats and employ as

many inspectors as may be necessary for the teers, who were not mustered into execution of the law, and for the purposes service, but directed to hold them of the act already referred to. You will,

moreover, cause a sufficient number of offiselves in readiness for action at al

cers of cutters and inspectors to be placed moment's notice. Mr. Calhoun re on board, and in charge of every vessel signed the Vice-Presidency when he

arriving from a foreign port or place, with

goods, wares, or merchandise, as soon as had three months still to serve, and practicable after her first coming within was chosen to the Senate to fill the your district, and direct them to anchor her

in some safe place within the harbor, where seat vacated by Mr. Hayne's accept

she may be secure from any act of violence, ance of the governorship. Leaving and from any unauthorized attempt to dishis State foaming and surging with

charge her cargo before a compliance with

the laws; and they will remain on board of preparations for war, Mr. Calhoun,

her at such place until the reports and enin December, calmly proceeded to tries required by law shall be made, both of Washington, where he took his seat

vessel and cargo, and the duties paid, or

secured to be paid, to your satisfaction, and in the Senate, and swore afresh to until the regular permit shall be granted for

w

18 November 6th.

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ess

landing the cargo; and it will be your duty, President's own, and that he insisted against any forcible attempt, to retain and defend the custody of the said vessel, by the

throughout on expressing and enforcaid of the officers of the customs, inspectors, ing his own sentiments and convicand officers of the cutters, until the requisi

tions. The language may in part be tions of the law shall be fully complied with; and, in case of any attempt to remove her

Livingston's; the positions and the or her cargo from the custody of the officers principles are wholly Jackson's; and

their condemnation of the Calhoun from State tribunals, you will not yield the custody to such attempt, but will consult or South Carolina theory of the the law officer of the district, and employ nature, genius, and limitations of our such means as, under the particular circumstances, you may legally do, to resist such

Federal pact, are as decided and process, and prevent the removal of the sweeping as any ever propounded by vessel and cargo.

Hamilton, by Marshall, or by Web“Should the entry of such vessel and cargo not be completed, and the duties paid, ster himself. or secured to be paid, by bond or bonds, After reciting the purport and with sureties to your satisfaction, within the effect of the South Carolina Ordi. time limited by law, you will, at the expiration of that time, take possession of the car- nance, General Jackson proceeds: go, and land and store the same at Castle Pinckney, or some other safe place, and, in

“The Ordinance is founded, not on the due time, if the duties are not paid, sell the | indefeasible right of resisting acts which are same, according to the direction of the 56th plainly unconstitutional and too oppressive section of the act of the 2d of March, 1799 ; 1 to be endured; but on the strange position and you are authorized to provide such that any one State may not only declare an stores as may be necessary for that purpose.” | act of Congress void, but prohibit its execu

tion; that they may do this consistently The contrast between the spirit

with the Constitution; that the true con

struction of that instrument permits a State evinced in these instructions, and

to retain its place in the Union, and yet be that exhibited by General Jackson's bound by no other of its laws than those it successor, on the occurrence of a simi

may choose to consider as constitutional!

| It is true, they add that, to justify this abrolar outbreak at Charleston twenty | gation of a law, it must be palpably coneight years later, is very striking.

trary to the Constitution; but it is evident

that, to give the right of resisting laws of Congress reconvened on the 3d of

that description, coupled with the unconDecember; but the President's Mes- trolled right to decide what laws deserve sage, delivered on the following day,

| that character, is to give the power of resist

ing all laws. For, as, by this theory, there made no allusion to the impending is no appeal, the reasons alleged by the peril of civil convulsion and war.

State, good or bad, must prevail. If it should

be said that public opinion is a sufficient One week later, however, the country check against the abuse of this power, it was electrified by the appearance of may be asked why it is not deemed a suffithe famous Proclamation, wherein

cient guard against the passage of an uncon

stitutional act by Congress. There is, howthe President's stern resolve to crush

ever, a restraint in this last case, which Nullification as Treason was fully makes the assumed power of a State more manifested. And, though this docu

indefensible, and which does not exist in the

other. There are two appeals from an unment received its final fashion and constitutional act passed by Congress--one

to the Judiciary, the other to the people and

| the States. There is no appeal from the eminent Edward Livingston, who

State decision in theory, and the practical then worthily filled the post of Secre- illustration shows that the courts are closed tary of State, it is abundantly estab

| against an application to review it, both

judges and jurors being sworn to decide in lished that the original draft was the its favor. But reasoning on this subject is

19 See Parton's Life of Jackson, pp. 455-6.

superfluous when our social compact in ex- | law of the United States, assumed by one press terms declares that the laws of the State, incompatible with the existence of the United States, its Constitution, and the trea- | Union, contradicted expressly by the letter ties made under it, are the supreme law of 1 of the Constitution, unauthorized by its spirthe land ; and, for greater caution, adds, it, inconsistent with every principle on which

that the judges in every State shall be it was founded, and destructive of the great bound thereby, anything in the constitution object for which it was formed.or laws of any State to the contrary notwithstanding.'' And it may be asserted, A little farther on, he proclaimed without fear of refutation, that no federative his concurrence in the “ Nationgovernment could exist without a similar and provision. Look, for a moment, to the con

| al,” as contradistinguished from the sequences. If South Carolina considers the “State Rights,” theory of our Fedrevenue laws unconstitutional, and has a

eration, in these words: right to prevent their execution in the port of Charleston, there would be a clear con

"The Constitution of the United States, stitutional objection to their collection in Į then, forms a Government, not a league; every other port, and no revenue could be and, whether it be formed by compact becollected anywhere; for all imposts must be | tween the States, or in any other manner, equal. It is no answer to repeat, that an its character is the same. It is a governunconstitutional law is no law, so long as ment in which all the people are representthe question of legality is to be decided by / ed, which acts directly on the people indithe State itself, for every law, operating vidually, not upon the Statesthey retained injuriously upon any local interest, will be all the power they did not grant. But each

State, having expressly parted with so many as, unconstitutional; and, as has been powers, as to constitute, jointly with the shown, there is no appeal.

other States, a single nation, cannot, from “If this doctrine had been established at that period, possess any right to secede; bean earlier day, the Union would have been cause such secession does not break a league, dissolved in its infancy. The Excise law in | but destroys the unity of a nation, and any Pennsylvania, the Embargo and Non-Inter injury to that unity is not only a breach course law in the Eastern States, the car- | which would result from the contravention riage-tax in Virginia, were all deemed un- of a compact, but it is an offense against the constitutional, and were more unequal in whole Union. To say that any State may their operation than any of the laws now at pleasure secede from the Union, is to say complained of; but, fortunately, none of that the United States are not a nation, bethose States discovered that they had the cause it would be a solecism to contend that right now claimed by South Carolina. The any part of a nation might dissolve its connecwar into which we were forced, to support tion with the other parts, to their injury or the dignity of the nation and the rights of ruin, without committing any offense. Secesour citizens, might have ended in defeat and sion, like any other revolutionary act, may disgrace, instead of victory and honor, if the be morally justified by the extremity of opStates who supposed it a ruinous and uncon- | pression; but to call it a constitutional right, stitutional measure had thought they pos- is confounding the meaning of terms, and sessed the right of nullifying the act by can only be done through gross error, or to which it was declared, and denying supplies deceive those who are willing to assert a for its prosecution. Hardly and unequally right, but would pause before they make a as those measures bore upon several mem- | revolution, or incur the penalties consebers of the Union, to the Legislatures of | quent on a failure.” none did this efficient and peaceable remedy,

The dogma of State Sovereignty, as it is called, suggest itself. The discovery of this important feature in our Constitution as contravening or limiting the was reserved for the present day. To the proper Nationality of the Republic, statesmen of South Carolina belongs the invention, and upon the citizens of that State

is thus squarely confronted : will unfortunately fall the evils of reducing | “The States severally have not retained it to practice.”

their entire sovereignty. It has been shown General Jackson summed up his

him, that, in becoming parts of a nation, not mem

bers of a league, they surrendered many of objections to Nullification in these their essential parts of sovereignty. The unambiguous terms:

right to make treaties, declare war, levy

taxes, exercise exclusive judicial and legisla“I consider, then, the power to annul a lative powers, were all of them functions

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