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JAN. 17, 1833.]

The Tariff Bill.

[H. OF R.

hobby; the price offered was the same on both sides, a tive policy, to use it merely as a measure of protection, high tariff. Delegates were elected who endeavored to our friends of the South think this unconstitutional. outdo each other in this race for popularity, and they North Carolina herself acknowledges that this is unconbrought the same feelings into Congress. The question stitutional. We, of the North and East, on the contrary, then was, who is the greatest tariff man? We must have think it constitutional. Why do we think so? Because him. One candidate was thought to be a favorite, be- it is supposed by our people to be of advantage to them. cause he was supposed to be a warm friend of the pro- If injurious to any one, it is felt more deeply by the peotective system, and would support a high tariff; but they ple of the South than by us. What we think to be right, were told, on the other side, that their candidate that is to say, what is most profitable to us, it is pretty would go for as high a tariff; so that even some of the easy to convince ourselves is likewise constitutional. We Eastern members, put to the blush, had voted against him. argue this way, Mr. Chairman: the first object of the preSince, however, they had been brought into these diffi- sent framing of the constitution was to make the people culties by this cause, let them endeavor to get out as well happy. Now, the tariff laws of 1828 produce that effect as they could; and, with this view, let them now pass a in the North and the East; and, therefore, we naturally "judicious tariff." conclude that they must be constitutional. The people But gentlemen appeared to feel some alarm about pass- of the South, on the other hand, feel these laws to be oping such a bill just now. He had heard it said, to be pressive and unjust. They require no long course of arsare, it was in a confabulatory manner; but he had heard gument, no great stretch of reasoning, to convince them it said that it would not do to pass a bill reducing the du- that what is oppressive and unjust was never authorized by ties at the present session. Why not? Because, forsooth, the constitution of their beloved country. Here, then, is it would be regarded as an evidence of fear, or as an ab- the difference. Now, I believe, myself, that the people of ject submission, under the threats of one State of the South Carolina, feeling the oppression and injustice of Union, which, it seemed, had put itself in hostile array the tariff of 1828, are as honest in their opinion of its unagainst the present tariff laws. What! said Mr. R., be constitutionality, as we of the North and East, in our opincause that State has, by its convention, declared its ion, that the constitution not only warrants, but invites such grievances, and has further declared that, inasmuch as it a measure. considers those laws unjust and unconstitutional, it also considers them null and void; because of this, is nothing left us but to bear the strong arm of power? Will it be an exhibition of cowardice, an evidence of fear? Will it show submission to South Carolina, to do that which is right and just? For my own part, sir, I shall not feel my own individual honor wounded if this offering be made, whether it be on the altar of justice, or on that of concord. Be just, and fear not. Is it an act of justice? Do it, then. Is it an act of conciliation, a sacrifice, if you will, on the altar of concord? If it is that, and that alone, willingly, sir, will I, for one, make it.

Then, sir, if we can believe, and it requires, I think, no great stretch of charity, if we can believe that South Carolina and our Southern friends are honest in their belief of the unconstitutionality of these laws, I beg to know whether we are not required not only by the dictates of charity and benevolence, but by the principles of justice, to restore those rights of which they allege you have robbed them.

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It is said, sir, that they demand that an equal per centage, or nearly so, shall be placed on all imports; that there shall be no protective duties, either direct or incidental; and that, therefore, in passing this law, we shall Mr. R. said he knew it had been said, even by the honor do nothing towards conciliation. But, sir, I do believe, able gentleman from Massachusetts [Mr. DEARBORN] it was that if we let South Carolina know that we are disposed said, that he must either suppose himself demented, or to do her justice, she will not rigidly adhere either to the that the Carolinians had run mad. No such thing. It form or principles of no protective duties; I believe she would take the strongest evidence to convince him [Mr. will yield the point to which she is now, perhaps, disposR.] of the dementation of the gentleman from Massachu-ed to adhere, when she knows that the imposition of prosetts. That the people of South Carolina had gone fur-tective duties is considered, by a large majority of the ther than he should have gone, with all his Northern American people, to be constitutional. But even on this phlegm about him, he admitted. But what had South point, will you send an armed force against her, in battle Carolina done? It was declared by the people, in con- array, to compel her to be convinced of her error in the vention, that those two acts of Congress were null and position she has taken? Before I pass on, sir, to indu'ge void. All else they had done was for the purpose of es- a few moments on the subject of nullification, which is tablishing and defining the declaration they had made. represented to us as a hideous monster, of gorgon shape, Well, were these laws unconstitutional, or were they not? size, and appearance, I will put a case: Let us suppose This appeared to him the main question; and on this that to have happened which had been suggested in one position, it appeared to him, hung every thing pertaining of the papers, and which, for aught I know, may actually

to the measure.

take place. Let us suppose that the State of New York Suppose, said Mr. R., that we admit that they are un- should nullify the decision of the Supreme Court, with constitutional. Would not you, Mr. Chairman, as a regard to the oyster-beds on the Jersey shore; or, let us Georgian, (Mr. WAYNE was in the chair,) should not I, as suppose that Congress should, by an act, annex the city a New Yorker, at once declare, if palpably unconstitu- of New York, the isle of Manhattoes, to the State of New tional, that they were null and void? Most assuredly. Jersey. Suppose this to be done. The State of New Every man in his senses, knowing any thing of the con- Jersey sends her process across from Paulus' Hook, to stitution, would, in such a case, pronounce them so. take possession; and thus attempts to bind the place to Whether these laws are constitutional or not, is the ques- the sway of that State. What think you, Mr. Chairman, tion to be decided. Perhaps some will say it depends on the people of the city of New York would do in such a the condition of the mind so pronouncing; that as the man case? Would they apply to their State Legislature, to thinks, so is he. For myself, I must unequivocally de- apply to the Legislature of another State, to apply to Conclare that I never doubted that these laws were constitu- gress, that Congress might apply to all the States, to astional in their enactment; I believe the powers exercised certain whether it was proper to annex the city of New in their enactment are delegated to Congress. Nobody York to the State of New Jersey? Would they not rather doubts the power to impose taxes. That was the first at once resist the unjust attempt? Well, sir, this would object of the new constitution, and it was the most essen- be nullification, frightful as it may appear.

tial object of the amendment, as it is called, to the articles Mr. R. said he would suppose another case, which of confederation. But to employ this power to a protec- might be considered more analogous to that of South Ca

VOL. IX.-70

H. OF R.]

The Tariff Bill.

[JAN. 17, 1863.

rolina. He would suppose that Congress should pass a to say that it is no law; is that going out of the Union law imposing a direct tax throughout the United States, How was it in the case of a number of copartners, cansay a tax of six millions. Out of this, two millions was to nected under the same bond and obligation? A portion be raised in the State of New York. Now, although this of them were for doing a nefarious act; one of the part would be double the amount which New York ought to ners said, they had no right to do it, that he would ret pay of the tax, yet he had no doubt gentlemen would ar- abide by that act; was this a going out of the copartner gue, and ingeniously prove, that it was quite consistent ship? Where there were elven rogues, and one honest with an equality of taxation. It would be argued there, man, could not that one be honest, without going out and he had no doubt judges might be found who would the partnership? He hoped it was possible. say the argument was correct, that the equality of taxa- There were wonderful doctrines abroad now-a-days tion depended on the ability to pay; that New York, the on the subject of secession. Some maintained that a State empire State, was able to pay double the amount of any had a right to secede whenever it pleased; others man other State, and that, therefore, the tax was equal. Hay-tained that the State wishing to secede must ask leave ing settled the justice and equity of the measure so satis- absence; and that a majority of the other States must gat factorily, he would suppose they should send out a collec- that leave, without which the single State could not de tor who would undertake to collect this tax. Would not part. He [Mr. R.] was inclined to the opinion that every one, judges, jurors, every body, with one accord, required the consent of all the copartners for one to s pronounce such a law null and void? Mr. Chairman, cede, because it required the consent of all for one lo (said Mr. R.) depend upon it, it would require a stronger come in; he should think it required the same for one te force than you are about to concentrate in the South, to go out. To be sure, less than the whole, less than 3 carry such a law into execution. But, gentlemen would unanimous consent, might modify the articles of copartsay, this might be right enough, when a law is palpably nership; and so it was with regard to the States; a ma unconstitutional. Palpasly unconstitutional! Who, he ity, three-fourths of the States, (not of the people, th would ask, were to be the judges of this palpability? Would was a new doctrine,) could modify the constitution, they leave it to the Supreme Court, or were they to go the they could not destroy it; what they did must be in the round of the States, or refer it to a convention? He did be- nature of an amendment. Under the constitution, there lieve they need do either one or the other. What was the fore, he should think that the whole of the United States, difference of the cases between the sedition law and the one each State for itself, must give their consent for one mer under consideration? He would show the difference. The ber to depart. Being framed by all, it seemed to bin sedition law was, of itself, without reference to the consti- that it required the same power to destroy which it tution, odious in the eyes of the nation. The law imposing to create. South Carolina, however, supposed she had these taxes had bright and engaging features in the view of the right to withdraw without the consent of all; but he more than half the nation. It was easy to make the pec- believed that this was only conditional, on the empl ple believe that the sedition law was unconstitutional, be- ment of an armed force to execute laws which she com cause of those odious features; they were unwilling to be sidered unconstitutional. told that they should not abuse those who had the admin- Mr. R. continued by observing that the doctrine istration of the Government; to be gagged, in the language that all power is derived from the people and that the of the day; therefore, it was no harm to nullify the sedi- people have a right to resume that power whenever an en tion law. I, myself, said Mr. R., was a nullifier then. croachment shall be made upon their constitutional liber On the Kentucky and Virginia resolutions being presented ties. In the convention hell in the State of New York, by Governor Jay to the Legislature of New York, a reso prior to the adoption of the constitution, it was fully manifest lution came up, of a character similar to that of the pre- that they were not disposed to create a consolidated Gor sent day. It was proposed to refer the matter to the ernment, possessed of powers paramount to the authority Judiciary. One party, it was the party to which he [Mr. of the States. Preparatory to the ratification of the cor R.] then belonged, to which he still belonged, and hoped stitution, a declaration of rights was issued on the partef ever to belong, whilst he had breath-that party opposed New York, proposing, also, amendments to the constit this resolution. It was supposed by them that the Judi- tion, as then proposed for adoption. The members from ciary was never authorized by the States to judge of mat- that State were required to present them before the ques ters extraneous to the constitution; that the Judiciary was tion of ratification should be settled. These amendmen appointed to judge of all matters which arose under the went to the effect of reserving the authority of the States, constitution, but not of matters which did not arise under and the rights of the citizens, and confining the General it; and for the obvious reason, that every thing opposed Government, which the States were about to create, fo to the constitution was null and void, as a matter of course, the exercise of those powers which were and the judges never had the power given them to judge on rendered. They were drawn up, Mr. R. was understood that which was declared null and void by the authority of by the reporter to say, by one of the most eminent states the States. A pretty large number, on the occasion to men that New York had ever given birth to, and they which he referred, were of opinion that it was competent were considered to express the sentiments of the deme for a State to pronounce an opinion as to the constitution-cracy of the State congregated in convention. The is ality of laws. That number, however, did not amount to trious George Clinton was the president of that be a majority; but not two years elapsed, before that party and in their declaration the right was declared, in t was able to give the votes of New York State to Thomas most explicit terms, that the powers granted should Jefferson. By that vote, then, they became nullifiers. A resumed, if necessary for the happiness of those by wher good deal of doctrinal matter was put forth, as to the such powers were surrendered. right of nullification, and also as to the right of seces- Mr. R. here read from the authority to which he re sion. It was said that a State could not nullify, with ferred. The passage cited was to the effect that the pos out going out of the Union by that very act; that to given could be resumed in the event of an abuse of ther nullify a law was, ipso facto, (he asked pardon, he be- This proposition was one of ten that went the gra lieved they did not talk Latin,) a going out of the Union. rounds of the nation on that occasion. It was ratifical, What, said Mr. R., to declare that a pretended act of became part and parcel of the Union. But whether Congress is no act of Congress; is that to go out of the doctrine of secession was to be permitted or not, e Union? To declare that a thing which has no existence now, with the proclamation, the message, the ordinare, is a nullity, as regards the power it assumes; is that going and the other documents which had appeared on the su out of the Union? To declare the truth as to that nullity;ject, the common theme of conversation. In consider

expressly sur

JAN. 17, 1833.}

The Tariff Bill.

[H. of R.

ing, the relative rights of the General and the State Gov- was a favorite with an old party in the country; but, for ernments, it would be well to call to their recollection the himself, he had always protested against it, as involving a events which had occurred in times long gone by, in doctrine, and the exercise of a power, denied by the order to arrive at a knowledge of the principles which constitution, and repudiated by the patriots and whigs of should now govern us. For his own part, he thought the revolution. that South Carolina was not acting the traitorous part which many allege she is acting. He was fully aware that she might be mistaken in some of her notions; but even suppose that State was engaged in acts which would amount to a palpable violation of the constitution, did not justice require that conciliation should be used towards a State which had just cause for standing forward in the defence of its rights?

[Here, on the motion of Mr. CARSON, the committee rose, and the House adjourned. On the following day] Mr. ROOT resumed the remarks in which he was interrupted on the preceding day, by the motion to adjourn. He observed that it belonged to him to express his grateful feeling for the profound attention with which he had been listened to, up to the period when his argument had been suspended by the motion of the gentleman from Mr. R. next referred to that portion of the message South Carolina [Mr. CARSON] that the committee should of the President at the commencement of the session, rise. The indulgence then shown him could not but act which relates to the protection of the States from the as an admonition to be brief in his concluding remarks; controlling power and influence of the General Govern- and he should, therefore, condense them in as small a ment, and observed that it was with rejoicing he had compass as his poor talents would admit, if not as small perceived the recommendation to take away the power as the House would desire. He would, in the first place, of domineering over the State authorities. He was glad, recur to his remarks of yesterday, under the impression also, at the doctrine being laid down, that in the case of that he was either misunderstood, or that he failed in givuncertain and doubtful powers the Government ought not ing a clear expression of his sentiments. He knew very to act. In fact, what doctrine, Mr. R. asked, could be well that misconceptions would arise of the declared opinmore correct than this? The recommendation also of the ions of a person speaking on a subject of such extreme sale of the bank stock possessed by the United States, importance, and in times of such high excitement, and and the stock held by the nation in other incorporated that it might be supposed that asseverations of supporting companies, must have been made with the view, he con- certain doctrines, in the course of an argument of warmth ceived, of tending to the diminution of the influence which and feeling, were mere expletives. From some sugges the General Government might have by its possession tions which he had heard out of that House, he was conover the elections in the States. All these showed, in his fident he had been-he would not say misrepresented, opinion, how sedulously careful the Executive was in the but certainly misunderstood, in respect to some of the object of diminishing the influence which, as he had be- points upon which he had addressed the committee. In fore observed, the General Government might be sup- the observations which he had deemed it his duty to make posed to have, by these means, over the State elections. in relation to that part of the message of the President But he [Mr. R.] did not, for his own part, perceive how which recommends the sale of the bank stock, and of the the elections in the State of Maryland, for instance, other stocks held by the nation in incorporated compa could be effected by the stock held by the Government nies, and on the overweening influence in State elections in the Chesapeake and Ohio, or the Chesapeake and which the possession of that stock gave to the General Delaware canals; but it had nevertheless been recom- Government, he had not designed to speak disrespectmended to dispose of this stock, in order, it was presumed, fully of the Chief Magistrate, or to impute to him imto render the State free, sovereign, and independent. proper or sinister motives in the exercise of any part of Mr. R. proceeded by adverting to the proclamation, the that influence, whatever it might be. He had expressly war proclamation, as he termed it, recently issued by the mentioned that it showed a sedulous care on the part of President, against the rebellious subjects in the State of the Executive to preserve the State Governments from South Carolina. In that proclamation he had observed po- the pollution and corruption which possibly accompany or litical sentiments revolting to his [Mr. R.'s] notions of con- follow the operation of such an influence, in regard to tutional Government. He was sorry, indeed, to say that their elections. He admired the motives which led to the that document expressed opinions which had always been manifestation of such a care on the part of the President, considered by him, and by that political party with whom he generally acted, as utterly heterodox; and if they should be favored by the national sanction, it would, he had no doubt, require years of political revolution to repair the error. It was, he said, with perfect astonishment that he had read the announcement of such a doctrine as that which declared that the Executive Government was the representative of one people; in other words, that it was a unity, a Government of itself, and not a Government which was the representative of the States forming this

Union.

and, at the same time, he should, with equal earnestness, regret the occurrence of any event which could, by any means, show that the operation of the influence over State authorities, arising from this source, had taken, or could take place, whether from the Government or any of its agents.

But the point to which he was more particularly anx. ious to call their attention, in connexion with his former remarks, was the subject of nullification, and the identification of himself with the term nullification, which, according to the lexicographers of the day, was of modern Mr. R. argued upon this point for some time, and asked, origin. It had been said by an honorable gentleman that in conclusion, whether the electoral colleges were not the he [Mr. R.] might be considered as one of the fathers of colleges of the States, separately and respectively, and nullification; but in the present common acceptation of whether each State had not the power to change the com- the term, this did not by any means ensue as a necessary position of its college, and the time and mode of its meet-consequence, from the remarks which he had submitted ing, as it should choose? And yet the doctrines had been yesterday. He had then declared that a law of Congress, urged in a popular document, with all the foverwhelm- which was palpably unconstitutional, is, as a matter of ing influence of the Government, that that Government course, in itself null and void; and he now repeated that was a unity; the people, the American people, were to same declaration, and he challenged a denial of the corbe told that it would be right to carry on a war against rectness of the position. But as to nullification, in the South Carolina and her rebellious sons, because the Gen-sense in which it was expressly coined or used in or for eral Government of the whole American people is a con- South Carolina, and applied against the tariff, or the prosolidated Government. tective system, he meant as applicable to the revenue This doctrine of consolidation, Mr. R. said, he knew laws of the United States, he must say that he disclaimed

H. OF R.]

The Tariff Bill.

[JAN. 17, 1833.

it. In that sense of the term, Mr. R. said, I disclaim solidating doctrine, that a member from one State was a being a nullifier, because I believe those laws to have been Representative of the whole nation. constitutional, from the origin of our Government. If Representation, then, and direct taxation, were to be arguments, he said, were necessary to be advanced in throughout the States in the same proportion; it was the support of this, he might urge, with confidence, those old revolutionary doctrine that they were to go hand in contained in the able letter of one of his colleagues to a hand together. In one House the States were to be redistinguished gentleman from South Carolina, in which the principles of constitutional law, on this subject, were developed, and placed in so broad a light as to carry conviction to almost all who had taken them into view.

presented equally; in the other, in the same proportion as they were found to contribute to the public burdens. Wherefore, then, were they to be told that the members of that House were the Representatives of a consolidated Government, instead of the Representatives of the States, as separate, distinct, and independent political communi ties? Again: this proclamation, as a reason why South Mr. R. continued, by repeating the expression of his Carolina should obey, assumes that the laws of Congress opinion, that the nullification of a law palpably unconsti-operate on the citizens of this great Union as individuals, tutional was not only proper, but laudable and praise- and not on the States; by which it was meant to show, he worthy. He said he had never been so well versed in supposed, that the people of the States owe a supreme what he might call the schools of attorneyship, as to learn allegiance to the General Government, instead of an allethe terms of process to be applied under the recent Exgiance to the State Governments. But this was in direct ecutive mess ge. His doctrines had their source in an opposition to the constitution, which, in every part, made other school-that of the convention of New York, which its operation to act upon the States, and not on the ind ratified the constitution of the United States. But, in re-viduals of the whole United States. Its operation on the ferring to this, he was apprehensive that he had been States was evidenced in a long list of particulars, in which, deemed an advocate of the doctrine that a State could it is said, the States could not act; they were forbidden secede from the Union whenever it might think proper. to do many things under the constitution; and then, again, This was something like the principle advanced in the there were certain things which they were required to first Congress, by some who maintained that measures do; it operated, therefore, on the State Governments, of should be submitted to the State Legislatures for their the State sovereignties; this operation extended so far, approbation and consent. He [Mr. R.] did not deny and no farther than what the people forming those peliti the validity of the argument, that, inasmuch as all the cal communities had consented to grant. But again: States had agreed to the union in the first instance, no in order to show that this was one consolidated Government, dividual State can secede or withdraw, without the agree-and that the Government of the Union was paramount to ment and consent of all to such withdrawal; that is, un- those of the States, the proclamation referred them back less there be an utter abrogation of the compact itself. to their condition under the royal Government, when, as The other members of the compact must agree to the se- it declared, the several colonies were united, as they cession, as they had previously agreed to the covenant of were afterwards, under the confederation, to form one association. If it were broken by the consent of the co-nation. And so they were, as much then as now, covenanters in this manner, then it would be null and void: though not possessing such extensive powers. Under the for, the covenant being broken, none could be any longer confederation, each having one vote, they formed one na bound by its provisions.

[The reporter understood the allusion made by Mr. RooT to be to the letter of Mr. VERPLANCK to Mr. DRAYTON, on the constitutionality of the tariff system.]

tion, for the purpose of regulating their intercourse with Yesterday, Mr. R. said, he was commenting on that foreign nations; but not for the management of the civil portion of the President's proclamation which went to concerns of their respective jurisdiction. For general persuade forbearance on the part of South Carolina. He purposes, which could not be managed unless they unit regretted that that doctrine urged the maintenance of ed-their post office and intercourse with foreign ma principles unknown to the constitution, and heterodox in tions-for these purposes they agreed to unite. What the opinion of those who maintained the good old repub- was there in the new constitution to change the national lican doctrines which animated the members of the great character of the Union? Nothing. They were left inde convention of 1787, and the patriarchs of our freedom, pendent, sovereign States as before. In the old conve the fruit of whose exertions was the great civil revolution tion there were two difficulties which they were unable to of 1798, 1799, and 1800. surmount; the first was that of raising a revenue to pro Mr. R. here went into a recapitulation of his former ar- vide for the payment of the national debt contracted du gument in support of the rights of the States as such, and ing the revolution, and the ordinary exigencies of the apostrophizing the chairman of the Committee of the Government. To accomplish this object, they called on Whole on the state of the Union, [Mr. WAYNE,] in il- the States to surrender five per cent. of their imports. lustration of the point before them, askel if the citi- Another difficulty, to overcone which the convention zens of Georgia considered that distinguished gentle was called, was, to provide a national judiciary, in order man to be a Representative in Congress of the United to execute treaties with foreign Governments. It was States, or a Representative whose duties were imposed perceived that the State judiciaries might throw impedi upon him by the suffrages of the citizens of his own Statements in the way of collecting British debts, and comply Certainly, said Mr. R., the latter; and, as such, with re-ing with other provisions contained in the treaty of peace. spect to himself, he deemed to be the bonds which con- For that purpose a national judiciary nected him with his own State. And yet, he observed, this judge of treaties, so as to make treaties, thus approved, doctrine that each member of that House is a Representative superior to the State laws, or any obstacles which the of the whole United States, and not of the State whence States might throw in the way of their Executive. These, he comes, is urged to South Carolina as a reason for sub- then, were the two reasons for which the convention was mission to laws, against the constitutionality of which called-to appoint a judiciary to decide on all differences South Carolina so strenuously protests. Mr. R. said, fur-growing out of the constitution-on all laws growing out ther, that it was sufficient for him to represent, in part, of the constitution-more especially treaties with foreign present them more ably,) and, in saying this, he must not cide on questions extraneous to and out of the constitu But they never gave that judiciary power to de be understood as insensible to his duty to attend to the in- tion. That constitution was framed with all the reserved terests of the whole Union; but he solemnly declared that rights of the States carefully ascertained and defined. he neither could nor would assent to the doctrine-the con- For this purpose it was that conventions were called in the

the interests of New York, (and would. that he could re-nations.

was created to

JAN. 17, 1833.]

The Tariff Bill.

[H. of R.

several States, beginning with Massachusetts, after two or to the produce of the industry of our own country. The three States, by the by, had ratified it without any provi- time had not arrived yet, when another proposition might soes whatever: the precautionary measure went round the be applied; that Congress could not raise more revenue several States-North Carolina was the last; the result than was necessary for the purposes of the Government. was a list of provisoes, and names, the framers of those pro- That time had not yet arrived; the Government had not hivisoes, which did honor to the convention. In New York therto raised more than it needed. He admitted that the State, Chancellor Livingston drew up a document, with payment of the national debt had been hastened-impromasterly sagacity; and he [Mr. R.] must state it as his vidently, as he thought, and injuriously to the interests of opinion, that the constitution would not have been ratified this country; he believed, if its payment had been more had it not been for the midway suggested and pointed at gradual, it would have been better for the country; beby Chancellor Livingston. Mr. R. proceeded to pass high cause, when they stopped a large revenue suddenly short, encomiums on other prominent characters connected with it produced a great obstruction in the current of many these transactions-George Clinton and the Lansings, transactions; and the stream could not flow as healthfully Yates's, and Melancthon Smiths of the day. as if each obstruction had not been interposed. All this,

The whole scope of what were denominated the doctri- however, had been overlooked. It had been a popular nal points in the proclamation, tended to a consolidation time to descant upon--that this country was so soon to of the Union, and to an utter subduing of State rights, present the novel spectacle of a great and free nation State authority, and State prerogatives. Yes, and when out of debt. Yes! this had been a matter of boast-a the doctrine of State rights, as formerly claimed and as- matter of self-gratulation, as well as congratulation; and, serted by their patriot fathers, was brought in question, he must confess, that to him the boast was more like the they were told that it was metaphysical, that it was an ab-rattle, the bauble of the child, than the dignified pride straction, not to be yielded; nay, not to be borne, in the of the statesman. That time not having yet arrived, eye of modern liberal philosophy. There were, how- when more revenue would be raised than the calls of the ever, he believed, metaphysical truths; and, if he was not Government required, and the speedy payment of the mistaken, there were abstract principles, which would al- national debt having been sanctioned by the call of the ways remain the same; which they could not make con-nation, South Carolina had nothing to complain of in this formable to convenient principles, nor change with respect. A few years ago it had been the favorite theme the changes of the times. Yes, there were certain fixed of statesmen, that they would have a surplus revenue; and principles, call them abstractions, or metaphysical, as the great desideratum was, how should it be employed— they pleased, which would bid defiance to the sneers how expended? But a little more than three years ago, of modern political philosophers. Those principles were a retention of the protective duties was recommended, to be found in the constitution; and there they would re- notwithstanding it was seen that they would produce a main, notwithstanding it was now attempted to tear them surplus revenue. That was the time when high tariff out, by arguments undertaking to show that they ought was the order of the day; it was just after the scuffle who should switch the hobby with the keenest cuts; just afPerhaps the e arguments were just. It might be, per-ter, too, that, in the great State, a great meeting had been haps, well that a nation, so extended in its territory, so held, in its capital, to resolve on high tariff protecting numerous-a nation, too, if not corrupt, so ripe for cor- duties; just after, too, when a distinguished orator had ruption-it might be well, perhaps, that it should be thundered in the capital of the great State, with all the made one entire Government, as gentlemen would fain mouth of the Albany Executive; it was just after a resopersuade them it was already. A time arrived when the lution had been passed in the Legislature of that State, Dutch republic found it better to relinquish the condition instructing their Representatives in Congress to vote for of a purely republican form of Government; corruption high protecting duties on imports. He, [Mr. R.,] with a was seen to be abroad in the land; the common weal was few more, had opposed the resolution; but they were not forgotten, and the emulation of patriotism had given place numerous enough to ask for the ayes and noes. Times, to the struggle for filthy lucre; then it was that the Dutch however, had changed; and men had changed with the people thought it better to make a stadtholder, and him times. At all events, there was a change of sentiments at for life. Perhaps the time had arrived when it would be head quarters, and perhaps it had extended through the well for this country to follow their example. But if so, nation.

not to be there.

let it be done at once-boldly, openly, honestly. Let a He could not help noticing, however, a great discrepanconvention of the States be called, and the Government cy in the sentiments with which they were favored from declared one whole consolidated Government; let them head quarters. In a certain proclamation, which had at once give up State rights, and trample that which was been issued some few days ago, there were principles asnow sneered at as a metaphysical abstraction, under their serted which had not been regarded as orthodox, even by feet. By the by, said Mr. R., I should not be willing to the high federal school. In the message which had subbe an actor in such a scene; let those do it to whom it sequently been communicated to Congress, he was happy would seem to be so desirable. It might seem a bold to find those very principles which he [Mr. R.] had himproposition; but he was not certain, appearing as it did in self always avowed and advocated, and to which he should a document so commanding, and advanced in such a always adhere. He had read this document with much cause, he was not certain that the nation would not readi- care, particularly those parts which might be called docly consent to give up their liberties, to dissolve the State trinal, and which were written with as much carefulness authorities, and form themselves into an empire, under and nicety as if they were penned by a doctor of politics. some favorite leader. He, for one, would not be an ac- There were, indeed, one or two slight aberrations, where tor in scenes like these. Sir, said Mr. R., a principle like the writer seemed to fall into the whole system of Govthis, thus urged, is deeply to be lamented. It is urged ernment; but those, he presumed, were mere inadvertenin a popular cause, and it emanates from a popular source; cies. He so much approved of some portions of this and, therefore, its effects cannot fail to be deeply inju- document, that he had marked in the margin some of its language and sentiments, which he should suppose it To avert to the subject of the South. He did not think would be the pride of a republican people to adopt. He it possible that South Carolina could persuade the majority did not ascribe the discrepancy, to which he had alluded, of the United States that the revenue duties on imports to fickleness or change in the mind of any one; he conwere not warranted by the constitution, where they af-sidered it as growing, necessarily, out of the present orforded any thing like protection to domestic industry, order of things.

rious.

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