SENATE.]

Revenue Collection Bill.

[JAN. 29, 1833.

shall be used, and it is in the event of the attempt by which is the only taxation known to our laws; and the the United States to enforce the execution of the reve-people of the rest of the Union are compelled to pay nue laws. "Enforce" is the word employed by the taxes. South Carolina participates in the benefits, but ordinance. For the meaning of this word it was not ne-not in the burdens of the Government. The ordinance, cessary to resort to Johnson or Webster: the law may be to this effect, South Carolina is pledged to maintain; and "enforced" by execution, by judicial process, by a simple it declares that no power shall prevent free ingress and demand of payment of duties by a United States' officer. egress into and from her ports. Every stream of water It needs not the iron grasp of power, the naked sword, or in the limits of the State, accessible from the ocean, is the fixed bayonet, to constitute enforcement of the laws. made a free port. Wherever goods are introduced and You enforce the laws every day, and every hour of every landed, all obligation to pay the duties vanishes before the day, in the most tranquil state of society. This enforce- magical influence of nullification. ment of the laws it is which is, after the 1st of February, to be construed into an attempt to put down the people of South Carolina, and to justify the calling forth of thousands upon thousands of armed men to resist it.

The State of South Carolina is, quoad the revenue laws, out of the Union. As to the revenue system, our fellowcitizens of South Carolina are gone from us. What, then, is to prevent the goods imported into the State from Mr. W. here referred to the Charleston Mercury, which being distributed into every part of the interior and along he held in his hands, containing the proceedings of a the coast? A legalized system would be introduced-he great meeting held at Charleston, South Carolina, on the would not say of smuggling, for he would not impute so 21st instant, among which were a number of resolutions, opprobrious a crime to the authorities of that State; but adopting the cockade to which he had reference yesterday, free ports make free goods, and nullification makes free intermingled with notices of "Call to arms!" "Attention, ports. Well, sir, what will prevent the goods from volunteers!" &c.; and one of these resolutions (which he being sent to other States? Take the marks off from the read) declares that the persons assembled at this meeting goods, and they may be sent any where. If nullification not only affirm the right of the State peaceably to secede exempts goods from duties in South Carolina, it exempts from the Union, but are prepared, if needs be, to peril them every where. They are marked "State rights," their lives in the assertion of this claim, &c. Yes, sir, said and the vessel is called "State sovereignty." They will Mr. W., if not prevented, secession is at hand; for the not be imported under the glorious flag of the Union, very moment that the marshal of the district calls out the but under the flag of South Carolina. South Carolina posse comitatus, and heads that posse to enforce a judg-has got her ordinance. Now we shall see how she will ment of the federal court to compel the payment of put it in execution, how it works practically. It will make duties on imports, (after the1st of February,) then has the general confusion, defeat equality in public burdens, and contingency occurred of an attempt to enforce the laws; demoralize the community. then has secession become the alternative. With regard As nullification is now about to go into full operation, to secession, Mr. W. went on to cite cases to show the what is to stay the hands of South Carolina, and prevent consequences to which the admission of this right in any her from executing her present purpose? He was aware State would lead, should other States adopt the heresy of the wide range of discussion which the question conaffirmed by the meeting whose proceedings he had read. nected with this subject would lead to. But this was This view of the subject he followed by saying, that nul- the time for bringing those questions before Congress lification, unless merged in revolution, was not to be for decision. They should decide now, in one way or stopped. The honorable member had told the House, other. I am young and stout, said Mr. W., and am wilthat laying this bill on the table, and passing the bill de- ling to see the question tried, and to abide the end of pending in the other House, would put a stop to nullifica- it. The whole question comes to a single point. What tion. But what surety was there even of this? After is the constitutional relation of a single State to the United the 1st of February, nullification, with all its attributes States? If the Government is merely an "alliance of and incidents, was to be in full operation in South Caro- States, a federal league between several distinct and inlina. What would be its political operation? Where dependent sovereignties, from which any one may withwould it end? He put this question plainly to the gentle- draw, there is an end of the question and of our bill. man from South Carolina. A convention of the States For South Carolina, leaning upon her sovereignty and was out of the question; an amendment of the constitu- reserved rights, has exercised the power which she tion was out of the question-where was the contest to claims of obeying and disobeying a law of the Union, end? Why, the laws must be suspended. South Caro-just as she may construe it to be constitutional or unconlina, whilst represented on this floor, (ably as she is, and stitutional. he hoped long would be,) participating in the making of An attempt on his part to throw any additional light laws, would be obeying just such of them as she pleased, on this subject would be as unnecessary as to contribute and no more--cutting and carving with her own sword a drop of water to the ocean. It was enough for him that to suit herself! What a state of things was this!

he had a few well settled principles on this point, which [Mr. CALHOUN here said, that South Carolina would he had always entertained, and which had been acted on be content to maintain this contest upon the principle of from the foundation of the Government to the present protection, paying, without objection, whatever taxes time. The constitution was formed by the people. It might be required to be levied for the purposes of re- was adopted by the States, which, like individuals, survenue.] rendered a portion of their sovereignty for the security Mr. WILKINS-If South Carolina appeals to the of the rest. Those powers which are thus surrendered, federal judiciary, she can bring up the question of the however limited in number, are supreme in extent and validity of any part of the revenue laws for decision, by application. The second paragraph in the 6th article of the federal courts. Mr. W. had no doubt of the influence the constitution was, as it appeared to him, framed to of the Senator from South Carolina over the people of meet this very case-to meet State legislation, State nulthat State, but no one had power to say what course that lification-to meet the case of State legislation which atState would take if the suggestion of the Senator should tempts to overthrow national legislation. be adopted. We must take this matter as we unfortu- "This constitution, and the laws of the United States nately find it. The merchants of Charleston may import which shall be made in pursuance thereof, and all treagoods free of duty, and the merchants of Baltimore, New ties made or which shall be made under the authority of York, &c. must pay duties. The people of South Caro- the United States, shall be the supreme law of the land, lina are exempt from all taxation by duties on imports, and the judges in every State shall be bound thereby.

JAN. 29, 1833.]

Revenue Collection Bill.

[SENATE.

any thing in the constitution or laws of any State to the by availing themselves of the replevin law; and it had contrary notwithstanding." been doubted whether the force of the ordinance would

He would pass to the consideration of the provisions in the bill. The first section of the bill contains provisions which are preventive and peaceful. Mr. W. then read from the first section of the bill, as follows:

This supremacy of power was necessary for the general be tried. But, as he had expected, the politicians, not welfare, because it consists in the use of powers which the merchants, had formed a plan for trying the expericould not be confined to, nor exercised by, any one State. ment. Preparations had been made to bring the question We always had a Union. The great object of the peo- to an issue as soon as the 1st day of February arrived. ple, from one period to another, has been to render the He had made a note of the questions which would arise Union "more perfect." Virginia took the lead in the out of these considerations, but he would not detain the last attempt, and her statesmen were among its foremost Senate by noticing them. champions. Experience had manifested the want of a supreme power to bear immediately upon the people of the States. The laws of the old confederation bore on the States alone. Hence the constitution begins, "We, the people;" and the conclusion of the 8th section of the "Be it enacted, &c. That whenever, by reason of un1st article, giving power to Congress "to make all laws lawful obstructions, combinations, or assemblages of perwhich shall be necessary and proper for carrying into sons, or unlawful threats or menaces against officers of execution the foregoing powers, and all other powers the United States, it shall become impracticable, in the vested by this constitution in the Government of the judgment of the President, to execute the revenue laws, United States, or in any department or officer thereof," and collect the duties on imports in the ordinary way in and the emphatic conclusion declaring such laws to be the any collection district, it shall and may be lawful for the supreme law of the land, in the aggregate sense of the term. President to direct that the custom-house for such district We owe allegiance both to the United States and to be established and kept in any secure place within some the State of which we are citizens. Are there, sir, any port or harbor of such district, either upon land or on citizens who owe no allegiance to the United States? board any vessel," &c. Have the people of South Carolina abandoned the proud It enjoins forbearance on the Executive, and gives him title of citizens of the United States? Has the General power to remove the custom-house to a secure place, Government any power or quality of political sovereignty where the duties may be collected. It leaves the ports at all? If it has, that power must be brought to bear di- and districts as they now are, open for the commercial rectly upon the people of the States, and of each State. convenience of the good people of the State; and even The Government of the United States forms a part of the custom-house would not be taken from the port or the Government of each State, enters into it, and sup- harbor where it now is. Our object in removing the plies whatever may be wanting in State powers. You custom-house is to prevent all collision, if possible. The cannot bring about obedience to the laws, if their obliga- words "threats and menaces" do not run through the tions and binding force are not directly on the people. residue of the section. The power given in this clause is If the laws are brought to bear on the States, they may not new; the clause is simply declaratory of the existing wrap themselves up in their sovereignty and their re-law, as it has been held by our courts; for it has been deserved rights, resort to nullification, and, claiming the cided, that where it is impossible to collect the duties, the power to put their veto on the acts of Congress, they officers of the customs may remove the custom-house. may overthrow your whole system of legislation. This The next paragraph provides for the cash payment of doctrine impairs not the sovereignty of the people. The duties under circumstances which render it impossible to people retain their sovereignty in reference to the United collect the duties in the ordinary way. This is no great States as well as to their respective States. They act matter. We have already abolished the credits on duties here as well as in their State Legislatures. Whenever you to some extent, and this law carries out the system farther. exercise one of your great constitutional powers, the Why should the practice of taking bonds be persisted in people act here, and are therefore bound by the law when they say they are not bound to pay the bonds. It which they themselves made. This is the perfection of is a mockery to take bonds when the constitution and the political institutions. The people make the laws, and law release the people bound from the obligation of the the laws govern. The States are secure in their rights, bonds. Suits must be brought to enforce the payment of and always were secure. He admitted their original absolute sovereignty; but, as he had said before, they yielded up a portion of that sovereignty for the general good. This is a constitution of power "granted," as a lawyer would say, "for a valuable consideration." By the grant of these powers, you created the constitution of the Union. You cannot take them back at pleasure. Here are we asked--can the creature be greater than the creator? No. But the creator may be bound by the act of the creature; the principal may be bound by the act of the agent, if the agent acts in pursuance of delegated power, particularly when the interests of third persons are concerned. We say to South Carolina, our prosperity depends upon the permanence of a system which you created; and you cannot take back the power which you gave to your agents to exercise.

the bonds, and the authority of the State and federal tribunals would thereby be brought into conflict, which conflict the bill sought to avoid. The 62d section of the act of the 2d March, 1799, refuses credit to merchants who have refused to pay their bonds. The same principle is applied to the present case, where people are combined to prevent the payment of bonds.

The third and remaining exigency provided for in this first section is the authority to employ the land or naval forces, or militia. This provision is entirely defensive. It merely confirms the authority for the protection of the custom-house and revenue officers. The simple question is-do you require obedience to the laws? How can you make the people of South Carolina pay the duties? The custom-house officers are not sufficiently numerous to enforce obedience to the laws; pains, penalties, indictOn the subject of practical nullification, Mr. W. said ments, all hang over the head of that man who is bold he had made some notes, and the very circumstances enough to exact payment. The Legislature forbids the which he had anticipated had happened. From a late enforcement of the law; and he who attempts to enforce number of the Charleston Mercury, which he held in his it must suffer the penalty of the law as surely as he is conhand, he read an account of a great State rights meeting victed of the offence. The marshal, in this stage of the at Charleston, whereat resolutions were adopted for form- business, cannot interpose. The militia cannot be called ing companies to import goods free of duty. The mer-out, for the best reason in the world--that they are comchants of South Carolina would, it was thought, be reluc-mitted in support of the other side of the question. Now tant to hazard their commercial credit and convenience what is to be done? It is the duty of the President to take VOL. IX.--17

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care that the laws shall be executed. He is invested with house officer and carried off; and if he attempt to recapthe power by the constitution, and the public hold him ture them, he is liable to a fine of ten thousand dollars, You can vest the power no and two years imprisonment. No such indictment is subresponsible for its exercise. where else. The first section of the second article of the ject to traverse; that is, the accused shall not cross it; he constitution invests the President with the "executive shall not deny the facts alleged; he shall not plead “not The But can the word be taken in that sense in South Carolina? power," and he is required to take an oath faithfully to guilty." This is the technical effect of refusing a traverse. execute the office and preserve the constitution. second section of the same article makes him the com- Perhaps the word, as used in the ordinance, has a meanMr. MILLER explained. The word had a peculiar mander-in-chief of the army and navy of the United ing peculiar to the South. States, and of the militia, when called into actual service. The only question is-is it necessary to give these means meaning in South Carolina. At the first court the acto enforce the laws? If we intend to enforce obedience cused could traverse, but he had no right to continue the to the laws, these powers must be given, and no where action. The ordinance denied the right to the accused can they be constitutionally lodged but in the President. to continue the case after the first term, except for cause We give Andrew Jackson power simply to execute, for a shown. The ordinance, in creating this misdemeanor, limited time, the revenue laws of the country. Well, we merely applies to it the legal forms which in that State Mr. WILKINS.-It was apparent that the constitution confide this power to a man who has never abused any apply to all misdemeanors. power reposed in him. He said that these proceedings were long anticipated. They were the subject of discus- of the courts in South Carolina makes it necessary to give sion during the late Presidential contest. Every vote had the revenue officers the right to sue in the federal courts. an eye to the South. He spoke this with respect to the It was not intended to restrict this right to any amount in other candidates, all of whom he knew would have sup- controversy, nor to citizens of other States. It falls under ported the constitution. He made no invidious distinctions. the clause of the constitution which gives jurisdiction to Why did South Carolina throw away her vote on a dis- the United States' courts in all cases arising under the tinguished individual, who was not a candidate? With an constitution, treaties, and laws of the United States. He eye to this question. Why did, the people of the United would put a case in a few words: Suppose the collector States vote for Andrew Jackson? With a view to this of the port of South Carolina is prosecuted. He is carried He sets forth that, under For this provision in the law there was to prison, or the capias in withernam is issued against same question. a precedent, to which he would refer. The act of 9th him. His property is carried off and sold. The case January, 1809, sec. 11-13, vol. 4, p. 194-5, to enforce comes before the State court. The 2d section of the bill extends the the laws of the United States, he was obliged to do his It duty. On the other side, it is said that the laws of the the embargo, &c. jurisdiction of the circuit courts in revenue cases. gives the right to sue in these courts for any injury United States had been nullified; and the State laws had But, shape it which way you incurred by officers, whilst engaged under the laws of taken their place. Out of this issue springs a case proviCongress in the collection of duties on imports. It de- ded for by the bill. But it is objected that the case will clares that property taken under the authority of the laws arise under the State law. of the United States shall be irrepleviable, and only sub- may, the case arises out of the laws and constitution of ject to the order and decrees of the courts of the United the United States, and the judicial power extends to all States; and it gives the penalty for the rescue of the pro- cases in law and equity. It ought to be so. There ought perty as is prescribed by the act of 30th April, 1790, sec. to be a judicial power co-extensive with the power of le22, vol. 2, p. 95. The provisions of that law make the gislation, and a co-extensive executive power. Without penalty not to exceed three hundred dollars, and impri- this co-extensive power, legislation would be useless in a This section has two objects free Government. Neither domestic tranquillity, nor unisonment for three months. It may be said, (continued Mr. W.) that in this way you So they may; in view: first, it gives power to the officers to sue in the formity of rules and decisions, can be secured without it. federal courts; and second, it provides that they shall not be dispossessed of property seized by them under the overturn the State legislation, and that they ought to give In every controversy within any laws of the General Government, without the authority of their own direction to State controversies. the courts of the United States. The object of this sec- but let them not come in collision with the constitution State, arising under a State law, coming in collision with tion is to meet legislation by legislation. There is nothing and laws of the Union. in this provision shocking or harsh. The laws of South Carolina, made to enforce the ordi- the constitution, or with a law of the United States, the nance, are harsh and oppressive beyond any of the feudal federal courts have appellate jurisdiction. He felt himlaws. Under the replevin act of South Carolina, the self too much exhausted to read a case or two to which goods are first seized; if they are not given up, the return he desired to call the attention of the Senate. But he is made, and a capias in withernam issues; there is then a meant to content himself with a mere reference to the suit to recover back the duties; the custom-house officer case of Martin vs. Hunter's lessee, in 1st Wheaton, p. cannot remove the suit to any other court, and the judges 304, and the case of Cohens vs. the State of Virginia, 6th and jurors who are to decide the case are under oath to Wheaton, p. 584, where this point had been decided. If support the ordinance. For this misdemeanor the officers appellate jurisdiction be given, the original could not be are subject to a fine of five hundred dollars and two years desired. All the residuum of jurisdiction remaining, after And they are liable to have their own the original jurisdiction given in specified cases to the imprisonment. property, to double the amount of the goods seized, taken Supreme Court, might be exercised in any way by the It views the servations were applicable to the third section of the bill, and carried away. Every professional man knows to what inferior courts that Congress might direct. These obcases a replevin law is usually confined. It gives custom-house officer, while discharging his duty, as a tres- which also provides for the extension of judicial jurisdicpasser. If the replevy is not obeyed, the intermediate tion, by allowing the party or officer of the United States inquiry which the common law provides is discarded, sued in the State courts for executing the laws of the It is not left discretionary Union, to remove the case to the circuit court. and a writ of reprisal issues. Has Congress with the sheriff to take enough to satisfy the demand; the right to remove at any time before trial, but not after but he is bound to take double the amount. There is no judgment had been given; and thus affects in no way the danger that this part of the law can ever be executed, for dignity of the State tribunals. Whether in criminal or in no one person will have property enough for so tremen- civil cases, it gives this right of removal. dous a grasp. The goods are taken finally from the custom-this power in criminal cases? He would answer the ques

JAN. 29, 1833.]

Revenue Collection Bill.

[SENATE.

tion in the affirmative. Congress had the power to give fine of ten thousand dollars and five years' imprisonment this right in criminal as well as in civil cases, because the on any owner of a slave found in pursuit of him, and that second section of the third article of the constitution her jurors and judges are all sworn to regard this law, he speaks of "all cases in law and equity;" and these com- would ask whether the United States' courts could not prehensive terms cover all. He referred to the case of have jurisdiction in this matter. The power of the JuMatthews vs. Zane, 4th Cranch, page 382, which decides diciary would be entirely nugatory if it could be evaded that, if two citizens of the same State, in a suit in their State court, claim title under the same act of Congress, the Supreme Court has an appellate jurisdiction to revise and correct the decision of that court.

by throwing the case into the form of a criminal proceeding. He referred the Senate to the cases of the United States vs. Moore, 3d Cranch p. 159, where it was admitted that Congress might give the power; and to that of The decision was founded upon the principle that the Martin vs. Hunter's lessee, 1 Wheaton, p. 350-1, where 3d act of the constitution, considered in connexion with it was admitted that criminal are the strongest cases. the judiciary act of 1789, would not give it a more exten- The fourth section of the bill was merely matter of sive construction than it merited; and that the great ob- form. There was no constitutional principle involved in ject was, to render uniform the construction of the laws it. It only authorized the courts of the United States to of the United States, and decisions under them upon the supply the want of a copy of the record. It was intended rights of individuals; and in such case it was entirely to obviate the difficulty which was likely to arise from immaterial that both parties were citizens of the same the novel provision contained in the 8th section of the State. replevin law of South Carolina, which makes it penal in

It was admitted by Mr. Harper, counsel for defendant the clerk to furnish such record. This provision did not in error, that the exercise of jurisdiction in such case meddle with the penalty of the clerk of the State court, would be undoubted, if it was to maintain the authority but contented itself with providing means to supply the of the laws of the United States against encroachments deficiency. of the State authorities. The clause in the constitution The fifth section authorizes the employment of military to which he had adverted refers to the character of the force under extraordinary circumstances too powerful to controversy, without regard to the parties, or the par- be overcome without such agency, and to be preceded by ticular form of the action. The object of the suit, and not the proclamation of the President. What he had already the tribunal, determined the jurisdiction. Was it to try said had reference also to this section of the bill. He the validity of an act of Congress? That question deter- would now merely refer the Senate to some precedents. mined the jurisdiction. Was it to try any indictment The first precedent which he would notice was to be for treason? That question determined the jurisdic-found in the act of May 2d, 1792, vol. 2, p. 284, repealtion. It was more necessary that this jurisdiction shoulded by the act of February 28, 1795, renewing the power be extended over criminal than over civil cases. If to call forth the militia, which act was still in force. This it was not admitted that the federal judiciary had ju- law grew out of the Western Insurrection in Pennsylvarisdiction over criminal cases, then was nullification nia. Like the present bill, although it was merely inratified and sealed forever: for a State would have nothing tended to meet that exigency, it was so framed as to conmore to do than to declare an act a felony or a misdemea- tinue in force. So the bill under consideration, although nor to nullify all the laws of the Union. There were nu-it had special reference to South Carolina, pointed not merous prejudices-prejudices peculiar to particular to her alone. If the opposition to the laws should exStates, which, under any other view, would throw all jurisdiction into the State tribunals.

tend itself, and the spirit of disobedience should exhibit itself, whether in the South or the North, the general principles of the bill would be equally applicable. It was an amendment of our code of laws to which the attention of Congress had now been called, and which was rendered immediately necessary by the peculiarity of our present situation.

Mr. W. would put a case to the Southern gentlemen, by way of illustration. It was one which they would feel disposed to resent, and one to which he felt a repugnance to refer; but he would take it as illustrative of the opinions he had thrown out. There was to be found in the constitution a clause which gives the right to the owner The second precedent to which he would invite the of a slave to pursue him from one State to another, and attention of the Senate was the act of the 3d of March, to take him wherever he may find him. Now it was 1807, vol. 4, p. 115, “to suppress insurrections and obknown that there was in some States a strong feeling on structions to the laws," and "to cause the laws to be duly this subject, and that particularly was this sensibility to executed." That act authorized the President to call be found in the State of Pennsylvania, where it was car- out the land and naval forces to suppress insurrections, ried to a very great extent. In great party times, he &c. These were the objects for which then, as in the would suppose that a party in Pennsylvania rallied on this present bill, this extraordinary power had been conferred. great principle. Pennsylvania was covered over with Another precedent would be found in the act of Januzealous and highly respectable abolition societies. He ary 9, 1809, sec. 11, vol. 4, p. 194, to enforce the emwould suppose that Pennsylvania carried these feelings bargo, and which gives the power to employ the land and to such an extent, as to pass a law to nullify this clause in naval forces, in general terms, to assist the custom-house the constitution. He stated that he had, in the judicial officers. There was at that moment a great excitement, station which he had occupied, had cases brought before although nothing like the solemn position in which South him for decision, in which he had felt it to be extremely Carolina has now placed herself. Yet it was deemed exdifficult to keep down this feeling. It had been even pedient to confer on the President this power. contended before him that the pursuit of the slave by He would now refer to the last precedent with which his owner into that State was an unconstitutional act. He he should trouble the Senate. It so happened in the would suppose that Pennsylvania was to pass a law, de-history of Pennsylvania, that that State took from Virclaring that the moment a slave sets foot on her soil, he ginia a strip of land bordering on the Alleghany and Ohio shall be at once elevated to the rank and privileges of a rivers. On this strip of land, where Virginia had been freeman, and that thus she should nullify the clause in the accustomed to exercise jurisdiction, for which she had constitution on this point. opened the titles, and where she had held her courts,

It would be deemed very hard by the Southern gentle- there arose an insurrection. This had been called the men that they could not try the question of the constitu- Western Insurrection, but it was a singular fact that it tionality of that law before the Supreme Court. And if was confined to this narrow strip of land which Pennsylthe State of Pennsylvania were to pass a law imposing a vania took from Virginia. The President was then author

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[JAN. 30, 1833.

ized to call out the militia of the State, because they was to limit the operation of the bill to the close of the As the amendments were of were not committed against the United States, but were next session of Congress. willing to obey the call. The man to whose name his- much importance, he had felt desirous to present them tory has no parallel put himself at the head of these more distinctly to the consideration of the Senate. My troops to quell the insurrection. All power was placed in Mr. BIBB then rose to address the Senate. his hands by the act of November 24, 1794, vol. 2, p. 451, voice, said he, is still for peace. Thinking it expeand the President was authorized to place in West Penn- dient, I desire to secure it by means most sure and sylvania a corps of 2,500 men, either draughted or enlisted. practicable. I did wish that the discussion might have The sixth section of the bill had reference to the re-been delayed yet longer, to have advantage of all plevin law of South Carolina, and was justified and ren- circumstances that might occur, as well those which dered necessary by the 12th section of that act, which might result from the legislative action of the Congress, prohibited any person from hiring or permitting to be as from the action of the Legislatures of the States, and used any building, to serve as a jail for the confinement also from the friends of conciliation and fraternal concord of any person committed for a violation of the revenue generally.

laws, under penalty of being adjudged guilty of a misde- His wishes on this subject had to yield to those who meanor, and fined 1000 dollars, and imprisoned for one differed from him, and he was now compelled to enter year. The State law, therefore, closes all the jails and into this discussion, and to deliver such views as appeared buildings of South Carolina against prisoners held by pro- to him just, upon the question at issue. In doing this, he cess from the United States for a refusal to yield obe-hoped he should observe that decorum which became him dience to their laws. It was necessary, therefore, that as a member of that distinguished body; and that he should something should be done. The case might not be fully in no instance be found transcending that respect which met by the resolution of 3d March, 1791, vol. 2. p. 236; he had ever felt for those with whom he had the honor and this section merely incorporates that provision, with- there to be associated. He sincerely hoped that, even in out the introduction of any novel principle. the heat of argument, not a single expression might escape

The seventh and remaining section of the bill extends his lips, calculated to add to that excitement, which, both the writ of habeas corpus to a case not covered by ex-in doors and out of doors, was, he feared, already great isting laws. These laws do not extend to any other than enough, if not too great. But it was necessary, from the cases of confinement under the authority of the United nature of the subject, to touch on the conflicting opinions States, and when committed for trial before the United of two great parties which had been distinguished in the States' courts, or are necessary to testify. He referred United States, and had alternately held the reins of Govthe Senate to vol. 2, p. 63, to the 14th section of the ernment. He had, from early life, belonged to one of judiciary act. The present section merely extended the these parties; he had never swerved from its doctrines; privileges of that act, which was so essential to the pro- and, in his old age, he still saw reason to abide by them. tection of the liberties of our citizens. It extended the It was his wish, therefore, on the present occasion, to put act to cases of imprisonment for executing the laws of the his opinions fairly before the public, that he might not United States. There would be nothing objectionable be understood or thought to advocate doctrines which he in this section; it came in conflict with no code of law. did not advocate. If a citizen were confined under the provisions of the ordinance of the 24th November, 1832, he could have no remedy under the laws as they now exist. As all such cases arose under the laws of the State of South Carolina, this section only extended the privileges of the writ of habeas corpus to meet those particular cases which had originated in the present state of things.

He would tell them, then, in the outset, that he loved the Union. It was because he did love the Union that he felt himself then compelled to join in that debate. He wished to cherish the Union. He would cherish it as a safeguard against foreign invasion. He would cherish it as a bond of peace and concord at home. He would cherish it as the most likely means of protecting the He had now done, having fully attempted to explain country from the evils which history told them had befalthe reasons which had induced him to give his sanction len other Governments, who had, at one time, enjoyed a to the bill. He should only say, in addition, that if it considerable share of liberty; the horrors which had bewere the pleasure of Congress to enact this bill into a fallen revolutionary France; and the evils which had law, he should most fervently pray that no occasion might been acted almost before their eyes in South America. ever occur to require a resort to its provisions. It was He would not go into a detail of the horrors of civil war. his desire that the present bill, when it should become a He would leave them to the mind of every Senator to law, might be rendered unnecessary by a return of the imagine; but he must believe that the most vivid imaginastate of happy tranquillity which would renew the cement tion would fall far short of anticipating the horrors of a of our Union, and might lie for ages to come, without civil war like that which appeared about to be brought on the necessity of reference to its provisions, slumbering in this country. When he looked at the prospects before the libraries of the lawyer and among the archives of le-them, promising no alleviation of the burdens of the progislation.

WEDNESDAY, JANUARY 30.

THE COLLECTION BILL.

The Senate having resumed the consideration of the bill to provide further for the collection of the duties on imports

tective tariff, and at the bill under consideration, he could not but fear that those awful consequences, civil war and disunion, must follow its passage.

A message had been sent to them from the President of the United States, together with a proclamation addressed by him to the people of the United States. They had been told by the honorable Senator, who was the chairman of the committee by which this bill was reported, Mr. GRUNDY asked leave to re-state what had been and who opened the debate, that this bill was responsive already stated by the chairman of the Committee on the to the message of the Executive; that it was calculated Judiciary, as to the amendments which the committee and designed to meet the state of things there portrayed, proposed to move in the bill. The first amendment was the facts and the circumstances alluded to in the procla to strike out, in the 29th clause of the 1st section, the mation and message. Whilst it was admitted that this words "prevent or," (the effect of which is to exclude was an act of high legislation, it was justified on the the power proposed to be conferred on the President of ground that it was necessary. He should, then, treat the the United States to use military force to prevent, as well as to suppress, any riotous assemblage, &c.) The second

bill as though the amendments offered that morning by his friend from Tennessee were already in the bill; they