網頁圖片
PDF
ePub 版

SENATE.]

Revenue Collection Bill.

[Jan. 30, 1833.

our cannon.

of assisting the civil authority, is highly dangerous to li- To view these questions correctly, let us look to the berty, unprecedented, and unconstitutional.”

condition of the colonies before they threw off the yoke This bill proposes to send the army and navy against of the mother country: As colonies, they were separate South Carolina, under pretence of assisting the civil au- and distinct communities; each had its separate Legislathority of the United States. Instead of hearing the com- ture (by some termed General Court,) its Executive, and plaints of South Carolina, and legislating on the tariff, the Judiciary. They were settled under distinct charters source of her complaint, we authorize the President to granted by the crown. They were planted at different declare war. By an act of conciliation, we may heal the periods, and were emphatically distinct Governments. unhappy discontents. Because public sentiment defies in that condition they were when the arbitrary measures our law, we are invited to send a standing army to sup- of the British Government roused them to resistance. press the authorities of a sovereign State. Sir, is it not in this they had a common interest; a common feeling; monstrous, when the very message of the President de common burdens to complain of; and held, in common, a clares that the system complained of is unjust and op- spirit of freedom, which determined them to unite in depressive, to seize upon this bill, and bring into effect the fence of their violated rights. When resistance was the law of force, instead of the law of justice, reason, and question, they deliberated, separately at first: a common conciliation? Instead of turning a listening ear to the cause induced them to interchange communications, and complaints of South Carolina, we are to turn upon her a general Congress of the colonies was proposed and

Should we not first try to appease these adopted. In the general Congress the votes were taken discontents, by legislating on the subjects of her grievance, by colonies. The very declaration of independence was in a spirit of justice, attempted by a spirit of mutual con- voted by colonies. Some of the States had declared cession and conciliation? Is it not wanton, when we have themselves independent before the declaration promulat hand a remedy so easy and peaceful, to have recourse gated by Congress. North Carolina was the first; and I to the ultima ratio," the law of force?

have seen an exemplification of the original document, in Nature has established diversity of climates, interests, which that State had declared herself free, sovereign, and habits, in the extensive territories embraced by this and independent, long prior to the declaration by ConUnion. We cannot assimilate these differences by legis- gress. The State of Virginia, too, preceded Congress in lation. We cannot conquer nature. Other differences her declaration of independence. have been introduced by human laws and adventitious But it was in vain to go into details; for, before the 4th circumstances, very difficult, if not impossible, to be ad- of July, 1776, each of the States, by its acts of resistance justed by one General Legislature. Hence the necessity to tyranny and oppression, had thrown off its allegiance cf local Governments with their appropriate powers, and to the crown of Great Britain, assumed to itself a sove. a General Government with its appropriate powers. reignty, and claimed the right to consult with co-States, Therefore, the respective States, in making up the pre- and to form a league for common defence; and, in virtue sent system of Federal Government, reserved to them- of such right, did send delegates to the General Congress; selves all the powers which were local in their nature, did there assume the right to take their stand among the and which, if exercised by any other than themselves, nations of the world. The first meeting of delegates was were likely to lead to the most prejudicial consequences. held in September, 1774, and from that time until July,

It seemed to him, that the proclamation and inessage 1776, continued to consult without any plan or league to assert, in substance, that, by the declaration of indepen- bind them.-[Here Mr. B. read from 1 vol. Laws U. S. dence, these United States were one single consolidated chap. 1. and p. 1.] Finally, in July, 1776, the declaranation; that the constitution was made by the United tion of independence was agreed on; and it is called the States as one single nation; adopted by the people of the unanimous declaration of the thirteen United States of United States as one people; or, in other words, that it America. But this is not all. The instrument, after was adopted by a consolidated mass of the whole people, giving a history of their grievances, and speaking of the in contradistinction to the views of many of our most dis- failure of Great Britain to hear their complaints and retinguished statesmen, that it was adopted by the people dress them, concludes with this emphatic language: of the States, respectively. It is important, to sustain the “We, therefore, the Representatives of the United States first and fifth sections of this bill, that the grounds taken of America, in General Congress assembled, appealing to in the proclamation and message should be adopted; that the Supreme Judge of the world for the rectitude of our is to say, that the constitution be made to spring from the intentions, do, in the name and by the authority of the whole as a mass, and not from the people in States, acting good people of these colonies, solemnly publish and deas separate and distinct Governments. It is in the for- clare that these United Colonies are, and of right ought to mer view only that the people of South Carolina, acting be, free and independent States.” Not an independent in obedience to State authorities, can be treated as rioters nation, but, in the language of the declaration, free and and lawless banditti. If the other view of the constitu- independent States. And the instrument goes further. tion be correct, then we cannot treat the people of South It declares that they (the States) are absolved from all Carolina as rioters and lawless banditti, but regard them allegiance to the British crown, and that all political as a State, and war with them as a State.

connexion between them and the State of Great Britain My creed is, that, by the declaration of independence, is, and ought to be, totally dissolved; and that, as free the States were declared to be free and independent and independent States, they have full power to levy war, States, thirteen in number, not one nation; that the old conclude peace, contract alliances, establish commerce, articles of confederation united them as distinct States, and do all other acts and things which independent States not as one people; that the treaty of peace of 1783, ac- may of right do. And, for the support of this declaration, knowledged their independence as States, not as a single with a firm reliance on the protection of Divine Provination; that the federal constitution was framed by States, dence, we mutually pledge to each other our lives, our submitted to the States, and adopted by the States, as dis- fortunes, and our sacred honor.” The very declaration tinct nations or States, not as a single nation or people. proclaiming to the world that thirteen stars had risen in

By canvassing these conflicting opinions, we shall the the firmanent of nations-not a single nation, but thirteenbetter understand how far South Carolina has transcend. ought to have arrested the statement advanced in the ed her reserved powers as a sovereign State; how far proclamation. we can lawfully make war upon her; and whether we, or On the 11th June, 1776, it had been resolved that a South Carolina, are likely to transcend the barriers pro- committee be appointed to prepare and digest a form vided in the constitution of the United States.

of confederation, to be entered into between the co

Jax. 30, 1833.]

Revenue Collection Bill.

(SENATE.

lonies. Upon the 12th July, 1776, (Secret Journal, p. stipulation that “ His Britannic Majesty acknowledges 290,) that committee reported a draught of articles, which the said United States, viz: New Hampshire, Massachuwere from time to time debated, until the 15th of Novem- setts Bay, Rhode Island and Providence Plantations, ber, 1777.-(1 vol. Secret Journal, p. 349.)

Connecticut, New York, New Jersey, Pennsylvania, Now, bearing in mind the dates of these respective trans- Delaware, Maryland, Virginia, North Carolina, South actions, which will be found in the first volume of the Carolina, and Georgia, to be free, sovereign, and indeLaws United States, p. I to 20, it will be seen that at the pendent States; that he treats with them as such.” time these colonies were acting as distinct sovereignties, The fifth article of the definitive treaty stipulates “ that and made their declaration of independence, these articles the Congress shall earnestly recommend it to the Legislawere then in fieri, and were not even reported by the tures of the respective States to provide for the restitution committee. But after the declaration they were reported, of all estates, rights, and properties, which have been conagreed on, and sent to the several States for ratification. fiscated,” &c. The ratifications were adopted by the respective States, at The sovereignty of the States, and their power to redifferent times, and signed by their delegates at various store,or not, the confiscated estates, are distinctly acknowperiods between the 21st July, 1778, and the 1st of March, ledged by both parties to the definitive treaty of peace. 1781. (Here Mr. Bibb read from 1 vol. Laws United I shall not stop to battle the watch about unqualified States, p. 12 and p. 20, the dates of the signatures by the and qualified sovereignty. A monarchy may be limited respective States.]

or unlimited. A republican Government may confer liThese facts show, conclusively, that so far from the mited powers to the agents of the people, or unlimited States forming themselves into a single nation by the de- powers. A qualified or unqualified sovereignty may claration of independence, they never came finally into exist in monarchies and in republics. In our Governments a confederacy until the delegates from Maryland sub- the sovereignty is in the people of each State. The State scribed the articles in 1781. The preamble itself, said Governments do not confer unlimited powers over the doMr. B., is a refutation of any idea that the United States mestic affairs of the State. But yet the people of a State, is one single nation. It is as follows:

united under a State Government, constitute a sovereign“Whereas the delegates of the United States of America, ty. A portion of sovereign power is expressly withheld in Congress assembled, did, on the fifteenth day of Novem- by the State constitutions. ber, in the year of our Lord one thousand seven hundred But sovereigns may be united with sovereigns, and and seventy-seven, and in the second year of the inde- may divide delegated powers between the local sove. pendence of America, agree to certain articles of confe- reignties and the united sovereigns. The United States deration and perpetual union between the States of New are united sovereignties. The people have delegated a Hampshire, Massachusetts Bay, Rhode Island and Pro- portion of their powers as State sovereignties to their vidence Plantations, Connecticut, New York, New Jer- particular State Government, and another portion to the sey, Pennsylvania, Delaware, Maryland, Virginia, North Government of the united sovereignties. Neither Gov. Carolina, South Carolina, and Georgia, in the words fol- ernment is an unqualified sovereignty. The State and lowing, viz:

Federal Governments are limited qualified sovereignties; “Articles of confederation and perpetual union be-all bound to keep within their respective spheres; each tween the States of," &c. (naming them.)

a usurper and a disturber of order when transcending the The first article declares ihat the style of this confede- limits prescribed. racy shall be “ The United States of America."

Such is the history of the old confederation which The second article declares “that cach State retains brought us so gloriously through the war of the revoluits sovereignty, freedom, and independence, and every tion. The idea that it was a single consolidated nation, power, jurisdiction, and right, which is not by this con- is repelled by the archives of the States, by the journals federation expressly delegated to the United States in of Congress, and by the definitive treaty of peace, Congress assembled.” So far, then, from being made one I will next proceed to examine whether this idea of a nation by the confederation, and acquiring the rights of na- single nation, this Government made by the people in tionality as such, the independence of the several States mass, as contradistinguished from the people of the repreceded both it and the declaration.

spective States, is sustained by the history and context of Again: the third article declares that “the said States the existing constitution. bereby severally enter into a firm league of friendship On the 21st of February, 1787, Congress, reciting in a with each other for their common defence, the security preamble that there is a provision in the articles of of their liberties, and their mutual and general welfare; confederation and perpetual union for making alterations binding themselves to assist each other against all force therein,” by assent of Congress and of the Legislatures offered to, or attacks made upon them, or any of them, of the several States, passed a resolution, which will be on account of religion, sovereignty, trade, or any other found in the first volume of the laws of the United States, pretence whatever.”

p. 59, in these words:-Resolved, That in the opinion of And again: the articles of confederation, after giving Congress, it is expedient that, on the second Monday in various powers to the Government, in the thirteenth ar- May next, a convention of delegates, who shall have been ticle, declare that

appointed by the several States, be held at Philadelphia, “Every State shall abide by the determination of for the sole and express purpose of revising the articles of the United States in Congress assembled, on all questions confederation, and reporting to Congress and the several which by this confederation are submitted to them. And Legislatures such alterations and provisions therein as the articles of this confederation shall be inviolably ob- shall, when agreed to in Congress, and confirmed by the served by every State, and the Union shall be perpetual: States, render the federal constitution adequate to the nor shall any alteration, at any time hereafter, be made in exigencies of the Government, and the preservation of any of them, unless such alteration be agreed to in a Con- the Union.” gress of the United States, and be afterwards confirmed In pursuance of this resolution, delegates, appointed by the Legislature of every State."

by the several States, met in convention. On the 17th of But the proof does not stop here. By the provisional September, 1787, Congress received the report of the articles of peace of the 30th November, 1782, and by the convention lately held in Philadelphia, in the following definitive treaty of the 3d of September, 1783, made be- words: [Here the constitution was set forth, verbațim.-tween the United States and Great Britain, mutually 1st vol. Laws U. S. p. 59, 60.] signed and accepted, the first article in each contains the To this constitution were appended two resolves of the

Vol. IX-18.

SENATE.]

Revenue Collection Bill.

[Jan. 30, 1833.

convention, (same vol. p. 70.) The first is, that the re- 3. New Jersey, December 18, 1787.
ported constitution be laid before Congress; "that it 4. Connecticut, January 9, 1788.
should afterwards be submitted to a convention of dele- 5. Massachusetts, February 6, 1788.
gates chosen in each State, by the people thereof, under 6. Georgia, January 2, 1788.
the recommendation of its Legislature, for their assent 7. Maryland, April 2, 1788.
and ratification," &c.

8. South Carolina, May 23, 1788. The second resolution recommends, that, as soon as 9. New Hampshire, June 21, 1788. nine States had ratified, the Congress “should fix a day 10. Virginia, June 26, 1788. on which the electors should be appointed by the States 11. New York, July 26, 1788. which shall have ratified the same, a day for assembling It would appear that, Congress having appointed the the electors to vote for President and Vice President, first Wednesday in January, 1789, for choosing electors, and the time and place for commencing proceedings un- and the first Wednesday in March, 1789, for proceedings der this constitution, &c.

under the constitution, it went into operation without To the reports of the constitution was also appended North Carolina and Rhode Island, North Carolina did an address agreed upon, by the unanimous order of the not ratify the new constitution until the 21st November, convention, to the President of Congress. In this letter 1789; Rhode Island not until the 29th May, 1790. Of these sentiments are conveyed: the desire long felt, the two Carolinas, the North State was the first to throw " that the power of making war, peace, and treaties, that off the colonial subjection to the British crown, and to of levying money and regulating commerce, and the encounter boldly the consequences of those awful words, correspondent executive and judicial authorities, should rebel and traitor, with which kings never fail to denounce be fully and effectually vested in the General Government those who defy their power and struggle for liberty. of the Union."

She was quick to risk all in war against a foreign power, “ It is obviously impracticable in the Federal Govern- for liberty and independence, but slow to come into the ment of these States to secure all the rights of indepen-compact, until she believed the principles of civil and dent sovereignty to each, and yet provide for the interest political liberty were sufficiently guarded from controand safety of all.” The difficulty which had arisen in versy at home. fixing the rights to be surrendered, and those to be re- It cannot be denied that the constitution was made and served, because of the difference among the several adopted by the States, severally and distinctly; for, until States as to their situation, extent, habits, and particular it was ratified by a State for herself, and by her own interests; the great importance which they had kept in consent, it had no obligation on her. The ratification of view, “the consolidation of our Union, in which is in. eleven States could not impose it upon North Carolina volved our prosperity, felicity, safety, perhaps our national and Rhode Island; and the vote of twelve States, which existence."

included more than twelve-thirteenths of the population That “the constitution we now present is the result of of the United States, could not impose it upon the small a spirit of amity, and of that mutual deference and con- State of Rhode Island, until accepted by her. There cession which the peculiarity of our political situation was not one single State that did not ratify in the name of rendered indispensable."

the State, in the name of the people who were bound toThat each state should consider “that had her interest gether in the State Government. Mr. B. referred to the rabeen alone consulted, the consequences might have been tification by the State of Pennsylvania, and quoted from it particularly disagreeable or injurious to others.” the following words: “Be it known unto all men, that we,

Upon this report, the Congress, on the 28th Septem- the delegates of the people of the commonwealth of ber, 1787, came to the following resolve: (p. 60.) Pennsylvania in general convention assembled, have as

Resolved, unanimously, that the said report, with the sented to and ratified, and do, in the name and by resolutions and letter accompanying the same, be trans- the authority of the same people, and for ourselves, assent mitted to the several Legislatures, in order to be submit to and ratify the foregoing constitution,” &c. Further, ted to a convention of delegates, chosen in each State, by in the ratification by the State of New Jersey, is to be the people thereof, in conformity to the resolves of the found the following language: “In convention of the convention made and provided in that case.".

State of New Jersey," (then the act of the Legislature The constitution, so transmitted to the Legislatures, of New Jersey, authorizing the convention, is recited.) was by them respectively submitted to State conven-“Now be it known, that we, the delegates of the State tions, elected in each State, and assembled under the law of New Jersey, chosen by the people thereof for the of each several State.

purpose aforesaid, having maturely deliberated on and On the 13th September, 1788, pine States unanimously considered the aforesaid constitution, do hereby, for and in Congress adopted a preamble and resolution, reciting on behalf of the people of the said State of New Jersey, the resolve of February 21st, 1787, for revising the arti- ratify and confirm the same, and every part thereof.". cles of confederation; the report of the convention of the These two ratifications are fair specimens of the residue, 17th September, 1787; the resolve of Congress of the and seem to show the sense and understanding of those 28th of September, 1787, for transmitting the report, who did the acts; that they did it for the State, for the resolutions, and letter to the several Legislatures, and people of the State, acting in pursuance of an act of the that the said constitution had been ratified by a sufficient Legislature, as binding that State, but not as operating benumber, which ratifications had been received by Con- yond the limits and jurisdiction of the State. gress. Therefore they appointed the first Wednesday in Thus I have given an authentic history of the rise, proJanuary, 1789, for choosing the electors in the several gress, and ratification of the constitution of the United States which before that should have ratified; the first States. It grew out of the league of friendship and Wednesday in February, 1789, for the electors to assem- perpetual union contained in the articles of confederable to vote for President and Vice President; and the first tion. Wednesday in March, 1789, for commencing proceedings It was proposed by virtue of a provision for amendment under said constitution at New York. (See preamble and contained in these articles. resolution of 13th September, 1788. Laws U. S. vol. i. The resolution of Congress, proposing to the States the p. 60.)

convention, recited the provision in the articles of confeThé ratifications were at the following times:

deration as the cause. 1. Delaware, December 12, 1787.

The convention was appointed by States, and voted by 2. Pennsylvania, December 12, 1787.

States.

Jax. 30, 1833.}

Revenue Collection Bill.

(SENATI,

The report of the convention was approved by the action on the proposed constitution. Each convention Congress, voting by States.

acted as the agents and delegates of a people knit togeIt was transmitted to the Legislatures of the several States. ther by the particular State Government under whose au: The several Legislatures authorized the elections of thority it was elected and assembled, not as the agents of the conventions, and defined the object, and their powers. people who had no Government, or who intended to

It was ratified by States; and, being so ratified, it be- dissolve their existing State Government. came obligatory, according to the seventh article, which That the State Governments are the first-born, the elder; is in these words:

that they were endowed with the rights of “free and “ The ratifications of the conventions of nine States independent States;” in possession of the powers, privishall be sufficient for the establishment of this constitu- leges, attributes, and prerogatives of sovereign States; tion, between the States so ratifying the same.” that the Federal Government is the younger; that it

Aye, sir, between the States;” not over the people, sprang from the States; that it owes its being and powers but between the States so ratifying: How ratifying? By to the concessions of the State Governments; that its conventions of the people in each State. If these con- powers are delegated and limited; derivative, not inherventions were not the representatives and delegates of ent; that the powers not delegated to it are reserved to States, why did the constitution provide that, upon the the States--are solemn truths, attested by the memory of ratification of nine States, it should be established "be witnesses; by the journals; by public records; by authentic tween the States so ratifying the same?”. To say that testimonials deposited in our archives, and in those of these conventions were not the representatives of States; foreign nations; by the constitution itself. Neither the to say that the constitution was ratified by and over a breath of sophists, nor the denials of politicians, nor the mass of people, independent of the authorities and juris dictums of courts, nor the proclamation of a President, dictions which distinguish and divide them into Siates, can obliterate the past, deniolish the facts, nor hide these contradicts the language of the constitution, and the fact, truths from the common sense of mankind.

The expression, “we, the people of the United The federal constitution was not only created by the States," in the preamble of the constitution, ought not to States, but is a compact between the States. The seventh be detached from the seventh article, requiring the rati- article is a testimony to this. The ratification of nine fication of nine States, and from all other parts of the States shall make it “obligatory between the States so instrument, for the purpose of giving a meaning false in ratifying.” The instrument abounds with compacts befact, and contradictory to its history. They are explained tween the States. The ratifications of the States of New by the resolution for transmitting it to the State Legisla- Hampshire and Massachusetts treat the instrument actures; by the fact that each State deliberated and ratified cording to truth, as a compact between the States. (Mr. for itself; and by the seventh article, which declared it B. read the ratification of the State of Massachusetts, as obligatory "between the States so ratifying;" by the follows:] known truth that no State was bound, unless by its own “In convention of the delegates of the people of Masassent. The ratification of twelve States did not make it sachusetts, February 6th, 1778.The convention havobligatory on the State or people of Rhode Island. “We, ing impartially discussed and fully considered the constithe people of the United States.” What is the meaning tution for the United States of America, reported to here of the word "united?” Does it mean a united Congress by the convention of delegates from the United people, consolidated into one mass, without reference to States of America, and submitted to us by a resolution of the respective sovereignties into which they had been the general court of the said commonwealth, passed the divided under separate State Governments? No, sir; it is 25th day of October last past, and acknowledging, with States united; not united people without their States. grateful hearts, the goodness of the Supreme Ruler of People may exist without States, but States cannot exist the universe in affording the people of the United States, without people. “United States,” by the force of cx- in the course of his providence, an opportunity, delibepression, means a plurality of States, a plurality of sove- rately and peaceably, without fraud or surprise, of enterreignties or Governments united. The resolution of ing into an explicit and solemn compact with each other, Congress, of February 21, 1787, recommending the con- by assenting to and ratifying a new constitution, in order vention under which the delegates were appointed and to form a more perfect union, establish justice, insure acted, declared the objects to be “for the sole and ex- domestic tranquility, provide for the common defence, press purpose of revising the articles of confederation,” promote the general welfare, and secure the blessings of and reporting “such alterations and provisions therein, liberty to themselves and their posterity, do, in the name as shall, when agreed to in Congress and confirmed by and behalf of the people of the commonwealth of Masthe States, render the federal constitution adequate to the sachusetts, assent to and ratify the said constitution for exigencies of Government, and the preservation of the the United States of America." Union.” What Union? That which had been formed, Mark the expressions, “in affording the people of the and then existing--the union of States--signified on their United States” “an opportunity” “of entering into an ensign armorial by the thirteen stripes and thirteen stars, explicit and solemn compact with each other," "do, in forming a new constellation; and yet signified on our the name and behalf of the people of the commonwealth escutcheon by the stars, the bundle of arrows in the talon of Massachusetts, assent to and ratify,” &c. The people of the eagle, and the motto E pluribus unum"--out of of the “commonwealth of Massachusetts” ratify - a many Governments, one.

compact.” With whom? Between the said people of The respective State conventions, (called to deliberate the commonwealth of Massachusetts," and the people on the proposed alterations in the old “federal constitu- of the other United States. The assent of the majority tion," by the new constitution,) represented the respect- of delegates of the people of the commonwealth of Masive State Governments. The assent of the State Legis- sachusetts bound the whole commonwealth to the comlature was a prerequisite to the assemblage of such a pact with the people of the other commonwealths, who, convention. The Legislature prescribed the time and by the assent of the majority in each commonwealth, manner of the election, and limited the purpose and bound the dissenting minorities. But the dissenting mipower of the convention. The convention, so elected nority in each commonwealth could not be bound to a and assembled, did not dissolve the State Government; compact, but by force of the power of the majority of a they had no power to dissolve or revise the State constitu- commonwealth to bind the minority, according to the tion; their delegations of power from the people were provisions of the State constitution. Dissenting minoriconfined, by the law for the election, to deliberations and ties could not contract with dissenting minorities, but by

SENATE.]

Merchants' Bonds.--Revenue Collection Bill.

[Jan. 31, 1833.

force of the State Government, which made the will of sovereign parties. Nothing but good faith can preserve the majority bind the minority.

the Government. Its life's blood and vitality can be cirThe ratification of New Hampshire, like that of Massa- culated only by the instrumentality of the State Legislachusetts, contains a grateful acknowledgment for the op- tures. The powers delegated to the Federal Government portunity afforded to the people of the United States of extend to making laws to operate on individuals throughentering into a solemn compact with each other. out the United States. But the States have not delegated

A majority of the whole people throughout the Union the power to coerce the State sovereignties, to compel did not, and could not, make the constitution obligatory: the State Governments. The States are yet free and The assent of each particular State was necessary to bind sovereign States. I mean no cavil about qualified or unthe people of the State. The assent of twelve States did qualified sovereignties. What I have before said on that not bind the people of New Hampshire: they were not subject will, I hope, prevent misconstruction. bound by the constitution until the State itself assented. [Here Mr. B. gave way for adjournment.)

Mr B. continued his argument by asking the members of the Senate how that body itself was constituted? By

THURSDAY, JANUARY 31. the action, the separate action, of the State Legislatures,

MERCIANTS' BONDS. and not by the citizens of the United States, in pri

Mr. KING then moved to postpone the previous orders, mary assembly, or as a body. It was, as one of the cou and to take up the bill to explain and amend the 18th ordinate branches of the Government, dependent for its section of the bill of July, 1832, to amend the various very existence upon the States separately. If a majority laws imposing duties on imports. of the States should refuse to elect Senators, such a refusal or omission would involve a dissolution of the Union. 15th February, if at all, to be of any avail; and this was

It was stated by him that this bill must pass before the In the event of such a refusal, there could be no alterna- urged as a reason for the motion. tive, for there was no compulsory power in relation to the elections. There was no power in the constitution to ference over other bills preceding it in the orders of the

Mr. POINDEXTER objected to giving this bill a pre. change or compel the elections. The States, great or small, as they might be, however wide or limited in ex

day. tent, were there all represented on terms of the most tion on the bill, for the purpose of preventing great incon

Mr. SILSBEE urged the necessity of an immediate acperfect equality. This was a plain, evident, and absolute principle, which could not, by any sophistry, be evaded. venience to the merchants

. He did not anticipate any Recollect that direct taxes, and the apportionment of re

objections to the principles of the bill.

The motion to postpone having been agreed to, and presentatives among the several States, according to their

the bill being taken up, respective populations, in federal numbers, is another

An amendment reported by the Committee on Comfixed principle of the compact; that is to say, according to the number in each, “determined by adding to the credit on their bonds for the difference between the high

merce, requiring the collectors to give the merchants whole number of free persons, including those bound to and low duties, and to cancel the bonds on payment of service for a term of years, and excluding Indians not the balance, (in lieu of issuing debenture certificates for taxed, three-fifths of all other persons. Are the re- the amount of excess of duty,) was agreed to. presentatives elected as by or for a single nation? No: according to States and state population. On this sub

The bill was then ordered to be engrossed and read a

third time, nem. con. ject a great struggle took place at the last session in the debate on the bill to fix the ratio of representation under

TIIE REVENUE COLLECTION BILL. the fifth census. No Senator, who had attended the dis- The Senate then resumed the consideration of the bill cussion of this interesting subject, could fail to recollect further to provide for the collection of the duties on imthe numerous arguments advanced, and ingenious propo- ports. sitions for transferring and disposing the fractions produc. Mr. BIBB resumed the argument which he yesterday ed in each State, when the number proposed for the ratio began upon the bill. He felt very sensibly, be said, the of representation was applied to the federal number in weiglit which devolved upon him in sustaining his views each State.

of this subject against an authority so highly respectable, That the constitution is not based upon the idea of a and so deeply seated in the affections of the people, as the single nation, may be illustrated by other parts. “New author of the proclamation, to the doctrines of which it States may be admitted by the Congress into this Union," had become bis duty to advert. But whilst he stood on (art. 4, sec. 3.) Not new people, but new States. The the principles of the constitution; whilst he had on his new people must be united under a republican form of side the opinions of patriots, of lovers of liberty; opinions government, and compose a State, before admission into which were delivered by some of the most eminent of the the Union. “ The United States shall guaranty to every men who framed the constitution, which opinions were State in this Union a republican form of government;" promulgated throughout the United States for the pur(art. 4, sect. 4.) In this section of the constitution the pose of inducing the adoption of the constitution, he truth is declared, that “this Union” is of States; and the felt himself clad in armor impenetrable to adverse arguStates, united, are to "guaranty to every State a repub- ment, the high authority of the proclamation notwithlican form of government.” Every State is a party to standing. this compact for guaranty: The word " guaranty" He had left off yesterday, he said, at that point of his means, according to use and definition, to undertake to argument in which he had maintained that ihe federal secure the performance of a treaty or stipulation. The constitution is a compact between the States. He now constitution is founded on and composed of compacts said, in addition, that he considered every Government and stipulations between the States as parties. What is instituted by consent, and reduced to the form of a writ. this fourth section of the fourth article, but a compact ten constitution, to be a compact; and that they who hold entered into by all the States, with each and every one, the power to alter and amend, and have a sovereign respectively?

power over the Government, are parties to that compact, Away, then, with this idea of a single nation--a unit. The 5th article of the federal constitution, he said, placed The Government of this Union is based upon a union of the power of amending the constitution in the LegislaStates, as parties to a compact. Its fulfilment depends tures of the respective States, or in their respective conupon the observance of good faith among the States who ventions. They create, and they can destroy. The conare partics to the compact, as in all compacts between Istitution, he said, abounds with compacts. Article 1,

« 上一頁繼續 »