FEB. 1, 1833.] Revenue Collection Bill. [SENATE. Island. Why was the thirteenth fundamental article of in theory and in fact, and brought into exercise by this the old confederation violated? Upon what principle very constitution. could the ratification of nine States be sufficient to make The people of South Carolina, in their sovereign chara new Government, in direct contravention of the pro-acter, acting in convention, and in her Legislature, have vision that no alteration should be made but by the con- declared the protective system to be enacted by usurpafirmation of every State? How were North Carolina and tion of an undelegated power, unjust, and destructive of Rhode Island pushed out of the pale of the Union, without their interests and happiness. She acts upon the existtheir consent, by the ratification of nine States? How can those acts be justified? Upon the great principles, that the right is inherent and unalienable to alter or to abolish" any form of Government, when it becomes destructive of the ends for which it was instituted; and that powers granted may be revoked and resumed for the like causes. The unalienable and indefeasible right of the people of every community to make their Government subservient and conducive to their happiness justified the substitution of the new, in place of the old compact. When any form of Government comes in conflict with the inherent and unalienable rights asserted in our declaration of independence, those rights must prevail over the Government. ence of the principles, that, in pursuit of happiness, "the powers of Government may be re-assumed by the people whensoever it shall become necessary;" that "men are endowed by their Creator with certain unalienable rights; that, among these, are life, liberty, and the pursuit of happiness;" "to secure these rights Governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or to abolish it." South Carolina, as a State, and by her constituted authorities, desires a reduction of the tariff; she declares the system destructive of their interests and happiness; if the Congress attempt to enforce the tariff by military power, the people A Parliament of England once undertook for them- of South Carolina say they will re-assume the powers deleselves, the people, and for all posterity, to surrender their gated by them to the Federal Government. For this rights to the King. Posterity in England nullified that critical state of things, the Senate have two propositions: surrender. We, by our revolution and declaration of the one to modify the tariff so as to give peace and haprights, have put down the divine right of Kings; have re- piness; the other to authorize the employment of the arpudiated the doctrines of non-resistance and passive obe. my, navy, and militia, against South Carolina, to make dience; we have asserted the unalienable rights of man; war upon her people; to extort, by force of arms, subwe have declared that the right to mould the Government mission to a system destructive of their happiness. If we so as to consult and preserve his happiness, is inherent choose the former, we act in accordance with sound poliand unalienable; we have put to naught the claim of one cy, and pursue the end and aim for which Governments generation to bind other generations in all time to come. are instituted; if we choose the latter, we make war upon Are Governments for the dead or for the living? Who the principles contained in our declaration of indepenare to observe the springs and practical operations of Gov-dence, upon the unalienable rights of man. Should an ernment but the living? The dead feel not the wrongs American Senate long debate which of the two to choose? and oppressions of Government; they heed them not; "Has reason fled to brutish beasts?" Has avarice and they see not the defects and decays. selfishness supplanted patriotism and love of the Union? But, sir, is it possible that the people of the United Has power intoxicated its possessors? Was the declaraStates, who so well understood the difficulty of resisting tion of independence an idle rant? Have the sublime, the usurpations of power, who were so jealous of their self-evident truths announced in that declaration been liberties, who so well understood the rights of man, could changed, by political alchymy, into fiction and criminal have intended, by adopting the constitution, to surrender falsehood? forever the rights they had fought for and established at To my mind, South Carolina has acted rashly, presuch cost of blood and treasure? Did they attempt to fal- cipitantly. She was proceeding to an extreme before the sify the doctrines embodied in their declaration of inde- prospect of redress and conciliation was closed, before pendence? Did they intend to fall back to the doctrines the expectation of justice from the action of the Federal of non-resistance, to usurpation and injustice, and pledge Government should have ended in despair. I feel the themselves and posterity to passive obedience? No, no; better authorized to say so, because five other States, they did not so intend; their acts of ratification, their who have made common cause with her in remonstrating cautious declarations of first principles, their explanations, against the unconstitutionality, injustice, and oppression the amendments recommended and speedily adopted, all of the system, who profess the doctrines of the resolutions prove that they reserved all powers not delegated, and of Virginia and Kentucky of 1798 and 1799, have adhered to the rights of man proclaimed in their declara- yet hopes of a returning sense of justice and conciltion of independence, as being inborn and unalienable; iation in the Federal Legislature, and especially in the the very constitution itself, in its provisions, and the pro- body of the people of the States, whose representatives pelling power which gave it motion and action, asserted have hitherto prevented a reduction of the imposts to the and practised the right of the people of the States to re-just standard of revenue. To my mind, her legislative sume powers which had been theretofore delegated to the acts bear the impress of an overheated zeal, rather than confederated Government. that of cool collected judgment and discretion. It is due And now, Mr. President, we are invited by this bill to to candor that I should say thus much in disapprobation make war upon South Carolina, a party to the old confed- of the proceedings of South Carolina. It is due, also, to eration, who became a party to the new constitution by the great conservative principles of State rights and an act of ratification, expressly declaring "that no section State interposition, to arrest the progress of usurpation, or paragraph of the said constitution warrants a construc- which I advocate. I desire, for myself, to take care that tion that the States do not retain every power not ex- this holy text shall receive no detriment in public opinion pressly relinquished by them, and vested in the General by the conduct of an humble disciple and true believer, Government of the Union." This war is to be waged, which might be if I should acknowledge bad works as because of the exercise, by South Carolina, of a right illustrations of the true faith. But if South Carolina has which she certainly had, as a State, before she adopted been rash, precipitate, and indiscreet, can those indiscrethis constitution; which right is not expressly relinquish- tions operate by way of an enlargement of the constitued by any part of the constitution; a right which is un- tion? Can they disengage and dissolve the obligations of alienable, which cannot be relinquished according to the justice due from the federal Union to South Carolina as a declaration of independence, and which was re-asserted member of that Union? If one individual hold an obliga VOL. IX-20. SENATE.] Revenue Collection Bill. [FEB. 1, 1833. tion of debt upon another, and the creditor demands pay-mutual deference, conciliation, and compromise, our dif ment of the debt in an insolent and indiscreet manner, ferences were adjusted. In all these negotiations and foraccompanied by haughty threats, is the debtor thereby bearances we did but our duty. Nations are bound by a absolved from his bond?. Does the importunate and in- moral code, by moral precepts, by the principles of nadiscreet address of South Carolina for a just reduction of tural justice. Individuals are moral beings, bound by the tariff cancel all obligations of justice due from the moral ties: in entering into social and political compacts, Federal Government to South Carolina and the people and dividing themselves into nations and States, they do of the other unoffending States? Shall we persist in re- not divest themselves of moral obligations. States and fusing to do justice, and seek to hide our iniquity in a war nations are but aggregated individuals. The great Author upon South Carolina? Shall she be punished for her pre-of all has bound nation to nation, State to State, potencipitancy, by a more precipitate, rash, and indiscreet war tate to potentate, individual to individual, by mutual relaupon her? If she has mistaken her measures of redress tions, mutual wants, and mutual obligations. Man is and relief against the oppressive enactments of the Gen-bound by his nature and Creator to be a moral and a social eral Government, shall we treat her with a rigor, precip-being. Justice and mercy are attributes of God himself. itancy, and haste, which is unusual in our intercourse Divine justice is administered with mercy through the with foreign nations? Shall we proceed to extremities Savior of mankind. Nations can no more escape and with a sister State if she is in error, without those prelim-absolve themselves from the moral clement, from their inaries which would be due to a foreign nation? We have moral duties and obligations of justice and mercy, than treated the wrongs and aggressions committed by foreign they can escape from the natural elements of earth and nations with forbearance; we have negotiated with pa- air. tience; we have trusted to a returning sense of justice, All States, potentates, and sovereigns are bound by a and ultimate reparation. Having so treated foreign na- circle of morals, including the obligations of justice and tions, we had a right to expect similar forbearance mercy, reciprocally acting and reacting. War is the exon their part. Against Great Britain we had causes ercise of violence by sovereign command, and is an evil, of complaint for non-execution of the articles of the trea- come when it may; but it may be the choice of a lesser ty of 1783; we negotiated with forbearance, and never evil. Every sovereign is morally bound to avoid war by obtained a delivery of the military posts occupied within all reasonable precautions. If wrong be done by a soveour limits until after the treaty of 1794. Some subjects reign, he is bound to make reparation. This obligation of difference, growing out of the treaty of 1783, remain draws to it the rights to be informed of the extent of the unadjusted to this day. We agreed to submit a question injury, to be heard in explanation, and, in mutual conferas to a part of the boundary intended to be described and ence and negotiation, to adjust the nature and quantum of defined in that the treaty to the arbitrium of the King of reparation. A potentate who begins and prosecutes an ofthe Netherlands; he made his award; Great Britain was willing to abide the award; we refused, and proffered further negotiation. In so refusing, we acted upon these principles: fensive war against another potentate, cannot be justified but by the concurrence of injury committed, and satisfaction refused. Accordingly, wars are denominated just or unjust, moral or immoral, civilized or savage, as these 1st. That in submitting the difference between us and ingredients of violated right, demand of reparation and Great Britain to the umpirage of the King of the Nether-refusal, shall have been observed, or neglected, or abused. lands, we had not conferred on him the sole and exclusive Duly regarding these sacred obligations to avoid war by power to judge of the extent of the power delegated. all reasonable efforts, the United States have been for2d. That, as a party, we had the right to judge for bearing, patient in negotiations, and always ready to acourselves whether the award exceeded the power dele-commodate. Even the mistaken insurgents of Pennsylgated in the submission. vania were not pursued with violence by President Wash3d. That, in our judgment, the award was not obliga-ington until messengers of peace had been sent in vain; tory, because the arbitrator had exceeded the powers de- even the deluded victims of Spanish gold and Spanish inlegated, by making a new boundary, instead of deciding trigue in Kentucky were honored by a messenger to exwhat was the boundary intended by the description in the plain and quiet their discontents. treaty of 1783. Why shall South Carolina be treated in a style and Under our example, South Carolina, as a party con- manner so totally variant from the usage of the Governcerned in the execution of the agreement between the ment towards foreign nations? She is a nation, a State. States to delegate certain limited powers, to form a more Yes, sir, a high-minded, chivalrous, gallant State, of perfect union, and amend their Government, claims, 1st. noble bearing in peace and in war. Her people are reThat, by the agreement, she did not confer on the Gen-nowned for valor and daring enterprise in two wars; eral Government the sole and exclusive power to judge famed for generosity, for intellectual and moral culti the extent of the powers delegated and the powers not de-vation. She has contributed freely and generously in legated. 2d. That, as a party, she has the right to judge deeds and money, in times of war and of peace; she has for herself whether the power of protection to manufac- furnished her full proportion of talents, and learning, tures was delegated to the General Government, or re- and virtue to the departments of Government, State and served to the States. 3d. That the power of such pro- federal. Her errors lean to virtue's side. They spring tection was not delegated, but reserved; that the protec. from high intellectual cultivation; from a sense of justice; tive system exercised by Congress is a usurpation, and from a hatred to injustice and oppression; from that enthe act of Congress founded on such usurpation is not a thusiastic devotion to liberty which they have so often dislaw, not obligatory, but null and void. With Great played in council, and by flood and field. Britain, we proceeded by negotiation to obtain the deliv- Why shall we, who have been so patient and forbearing ery of posts withheld from us. For injuries, by impress- with foreign nations, be now so impatient and eager to ment of our seamen, for her attack on our frigate Chesa-rush into battle with a sister State? Has confidence of peake, and her aggressions on our commerce under her our strength, and of her weakness, sharpened our couorders in council, we negotiated with patience; we tried rage and blunted our sense of justice? embargo, and non-intercourse, and negotiation, until pa- We have been told that, whether force shall or shall tience was exhausted, and all hope of redress was extin- not be used, depends on South Carolina; that if she reguished, before we resorted to war. peals her ordinance and her laws, there will be no resort With France, with Spain, with Sweden, with Naples, to force. This does not satisfy my judgment of our obliwe have waited with patience, and negotiated, until by gations of duty. By this bill, the destinies of the Unio FEB. 1, 1833.] Revenue Collection Bill. [SENATE. will be put at the hazard of exasperated feelings, of heat- of facts. Is not that which is authorized to be done by ed partisans, of personal resentments, of accidents, of the employment of military force, to be in opposition to imprudent wicked tale-bearers and mischief-makers. Sup- the ordinance and laws of South Carolina, and to be prepose I should put a magazine of powder in my domicile, ceded by a proclamation of the President? Is not this with a train, exposed to the daily occurrences of my house-proclamation authorized to be issued upon contingencies, hold; a heedless servant applies a torch; my house is upon events not yet existing, and upon a state of things torn asunder and scattered in fragments; my household very uncertainly described? Is not the President to be mangled, and the neighboring buildings wrapt in flames; the judge when that state of things has occurred? Thus, would I be excused in my own conscience because I had a discretion is conferred upon the President, which, to not applied the match? Could I meet the reproaches of his mind, was inordinate, and inconsistent with sound lemy neighbors by impudently telling them, "thou canst gislation. But when the President shall feel himself not say that I did it?" authorized to apply the military force, he must issue This bill provides a dangerous magazine, with trains orders to others, to distant officers, not under the immeexposed to the matches of the imprudent, the malicious, diate eye and control of the President, not acting under the wicked; and we are told that there is no danger in the immediate discretion and responsibility of the Presithis; it depends on South Carolina. Well, sir, is there dent, but under their own judgment and construction of no exasperation there? Is this bill not calculated to their orders. Whenever this military force shall be apcreate higher exasperation? Must it not stimulate the one plied in pursuance of this law against South Carolina, it party to defiance of the authorities of South Carolina; will be employed in a conflict between that which is deand the majority to indignation at the attempt to place clared for law by the Congress of the United States, and the military above the civil power? That this power con- that which is declared for law by the convention and Leferred upon the President to call out the whole physical gislature of South Carolina. It will be the employment force-army, navy, and militia, without stint; to put down of the military to put down, forcibly, State authority and by force the Legislature of a State, is too dangerous to be State law; a conflict between States, in a dispute about conferred on any individual, I will prove by the high au- the extent of their respective powers and jurisdictions. thority of President Jackson himself. It cannot be dis- If such a conflict, urged by military force, is not war, I guised that, by the letter and spirit of treaties, the United cannot understand the definition of war. I am opposed States did undertake to guaranty to the Cherokees their to such a war. I am opposed to transferring from the possessions of lands held, in part, within the State of Congress to the President the power to proclaim such a Georgia, until the Indians should choose to sell to the war. I am opposed to such legislation, and have raised United States. By the laws of the United States, the my voice against it, but I fear but too feebly to command President was authorized to expel, by force, settlers upon respect. the Indian lands. The treaty and law of the United States Mr. B. said it seemed to him, that, on looking at this and the law of Georgia were in conflict. The President law, and comparing it with one which had been stamped of the United States was called upon, by a resolution of with public odium and execration, they appeared to be the Senate, for information if the white settlers upon In- very similar in their provisions. He alluded to the sedidian lands within the State of Georgia had been removed, tion law, which had been put down by the people in the as required by the laws of the United States; and, if not, majesty of their power. This bill was too much like the why the laws had not been executed? This resolution one he had designated in many of its features. was answered by the President in his message of 23d He had another objection to this bill. He had a dislike February, 1831. In that, he assigns for cause of not ex- to prison ships. He had heard too much of the Jersey pelling the settlers from the Indian lands, that the Indians prison ship, and he wanted no South Carolina prison within the State of Georgia are subject to the jurisdiction ship Yet there was a section in this bill which gave auand control of Georgia; that Georgia had declared her de- thority to the marshal to confine prisoners in houses, termination to execute her own laws throughout her own dwellings, or other places. Other places! Why was he limits." And he therein comes to the conclusion that the not authorized to use the fort, or some place which was Federal Government has no right to drive off persons more distinctly described, so as to be on land, and not on who have been settled upon the Indian lands within the the water? The custom-houses are authorized to be kept State of Georgia, under the authority of the laws of Geor- on board of ships; and he supposed the intention of the gia; that the law of the United States authorizing the bill is to authorize that prisoners shall also be kept on President to employ military force to drive off settlers, board of ships as prisons; and, for aught he knew, tried ought not to be construed to extend to the settlers in there; for he did not know to what jurisdiction it was proGeorgia. He says: "to maintain a contrary doctrine, posed to transfer them, after South Carolina, her Legislaand to require the Executive to enforce it by the employ-ture, executive, judiciary, and citizens, shall be proclaimment of military force, would be to place in his hands a power to make war upon the rights of the States and the liberties of the country; a power which should be placed in the hands of no individual. ed rebels and traitors. He desired to enter his protest against these prison ships; and he entreated the Judiciary Committee not to stamp the bill with so odious a character. The bill was also objectionable in his view, because it By that message, to put down State rights and State looked too much like the riot act, named by many in laws by military force, under color of a treaty and a law of Great Britain the "black act." There was nothing dethe United States, was "war;" "to make war upon the fining the number of persons necessary to constitute a riot. rights of the States and the liberties of the country" was It was not stated whether the persons assembled must be a power "which should be placed in the hands of no in-armed, for the bill used the phraseology, "armed, or in dividual." any other manner." He here read an extract from BlackI do, in the sincerity of my heart, and in the clearest stone, page 142, describing the riot act. If the present conviction of my judgment, concur with the President, bill was not an act of war, he could not but regard it as that, to employ military force to put down persons acting a riotous-he begged pardon, he meant a riot act; operatunder State laws, is war; that a power to make such war is too great to be confided to the discretion of any individual. And I do believe that this bill confers upon the President a discretionary power to make war. I may be accused of characterizing this bill too harshly. I entreat Senators to read it, and to reflect upon the state ing, like the British act, to quell a riot, without defining, as that act did, what was a riot. It was left to the discretion of the President to define it, and to execute his definition by the military; to officers of the army the execution of offenders is to be intrusted. Offenders are to be shot down, not because any act of Congress has defined the SENATE.] Revenue Collection Bill. [FEB. 1, 1833. crime to be eschewed, but it is hereafter to be defined by own declaration of principles? Let us recollect the gallant proclamation, and by the instructions to officers how to spirit of South Carolina, and her noble deeds in our war execute the proclamation, and what shall be considered for freedom and independence. Let us recollect that the an intention to resist the laws. discontents against the tariff are not confined to South It appeared to him that Congress had not the constitu- Carolina, but extend far and wide. South Carolina does tional power to pass this bill, and, if they had, that it but assert the principles of freedom as contained in the would be by no means expedient to pass it, and thus to declaration of independence, as she understands them. assert their power by inflicting war upon a State, and by If she has been rash and precipitate, let us recollect she placing a magazine where an unguarded torch from an has been long smarting under the rod of injustice and opunguarded hand might set the whole in a blaze. If Con-pression. He whose cause is just may look to Heaven for gress had the power, he would not consent to make war protection; but the blood of our brethren, spilt in an unon a sister State for a mistake. He would first take the just war against South Carolina, will rise from earth to beam out of his own eye, that he might see to take the mote out of that of South Carolina. Instead of passing this bill, he wished the Senate to act in that spirit of amity, and conciliation, and compromise, which gave rise to the federal constitution. The constition was made in that spirit. In that spirit it was conceived and brought forth. And that was the vital spark that animated it. It was the life-blood of the constitution itself; and if they consented to spill that, they would spill it for all political purposes, as fatally as when the stab of the dagger lets out the heart's blood of man, causing the most excruciating agony and death. He would throw aside all constitutional grounds, and go, on the score of policy, into the discussion of the tariff bill, which was the great cause of complaint in South Carolina. No policy could be sound which was not bottomed on the principles of justice. He could not conceive how that could be sound which was bottomed on injustice and oppression. On such basis the Union itself could not last. It is recorded in history, that one of the Roman provinces revolted again and again. At last, after their general and a great number of their Senate and people had been killed or taken, the province sent ambassadors to Rome. A Senator asked them what punishment they deserved? The embassy answered, "the same which they deserve who think themselves worthy of liberty." The consul asked how long the peace might be expected to endure, if the punishment was remitted? The ambassadors answered, "If the terms you give be just, the peace will be observed by us faithfully and perpetually; if unjust, it will endure only until we return and make them known." "Si bonam dederitis, fidam et perpetuam; si malam, haud diuturnam." The Senate approved the answers as worthy of freemen; and confessing that no men or nation would continue under oppression longer than compelled by force, said, "they only were fit to be Romans who thought nothing valuable without liberty;" upon which they were all made citizens of Rome, and obtained whatever the embassy desired. heaven, and, like the blood of Abel spilt by Cain, cause Had I the powers of persuasion, I would inculcate up- The errors of South Carolina spring not from love of vice or injustice, but from love of justice and virtuous liberty: from the pursuit of "justice," "general welfare,” and security of the blessings of liberty to our selves and our posterity," which are the ends and aim of the constitution, as expressly declared in its preamble. That the Ruler of the universe, in his infinite wisdom, mercy, and goodness, may incline us to cultivate that spirit of amity, mutual deference, and concession, which the peculiarity of our political situation renders indispensable to our prosperity, safety, union, and happiness, ought now, especially, to be the prayer of every true American. For myself, I do most heartily desire that the harmony and consolidation of the Union, together with the blessings of liberty, may be secured and perpetuated. Mr. SMITH withdrew his motion. This noble example is worthy to be imitated by an Mr. B. having closed, a motion was made by Mr. American Senate. Let us give ear to the complaints of SMITH to postpone the further consideration of the bill, South Carolina. Let us give them justice, not war. They and to make it the special order for to-morrow; but on the who contend zealously for the principles of civil liberty suggestion of Mr. GRUNDY, that unless the progress of are worthy to be citizens of the United States. They are the bill should be expedited, there was no prospect of not fit subjects to be denounced and accursed. The pres- getting it through, sure of calamities, the power of arms, may subdue a State to submit to injustice; but she will seize the first occasion Mr. FRELINGHUYSEN then obtained the floor. He to assert her rights and secure her independence. Let said that this bill presented to the Senate a most interestus go into an examination and revision of the tariff. Let ing and momentous question. The Chief Magistrate of us reason with South Carolina. Let us treat her as a sis- the United States has, by a special message, applied for ter. Let us act as every generous individual would act legislative aid to enable him faithfully to execute the laws in a consciousness of his own superior strength, and un-of the United States. He has in that message distinctly der the obligations of justice. Can superior strength represented to Congress the state of things in the country change the nature of right? Can war dissolve the ada- which has rendered it impracticable, without the aid of mantine chains which bind us to the ever-during throne some means beyond those which are within the reach of of justice and of mercy? It does not necessarily follow the Executive arm alone, to execute the laws. He has, that every disagreement about the terms and fulfilment of therefore, as his duty requires him to do, applied to Con. a compact is to be followed by war. Shall we treat a gress to strengthen the Executive arm to enable him to State, one of the mothers of the Union, with less courtesy meet the present exigency, and to put down the resistance and forbearance than we show to a foreign nation? Shall against the United States which is meclitated by one of the we make war against our own doctrines, and belie our States of this Union. With a view to the better under FEB. 1, 1833.] Revenue Collection Bill. [SENATE. standing of the situation in which the Executive finds made the constitution. It was the very evils of such a himself, I will read (said Mr. F.) a sentence from his mes-compact that they desired to guard against. It was against sage, which will be found in the fourth paragraph on the the confusion and difficulties arising from this condition of seventeenth page, which follows a description in detail of thirteen distinct sovereignties, that they sought a refuge the circumstances and acts adverted to. in the constitution which they framed. The argument which is now advanced has a tendency to break up the constitution, and to throw back the American people into a condition worse than that in which they stood under the old confederation. "Under these circumstances, and the provisions of the acts of South Carolina, the execution of the laws is rendered impracticable, even through the ordinary judicial tribunals of the United States." In order that the subject should be presented to the Senate with all the solemnity due to its importance, Mr. F. then referred to the third section of the second article of the constitution, which defines, in the following words, the duties of the President: "He shall take care that the laws be faithfully executed." That is his duty. The duty of Congress is pointed out with equal distinctness in the eighth section. They are "to provide for calling "forth the militia to execute the laws of the Union, suppress insurrections," &c. This is their duty. He had another general remark to make. Whether the constitution be the result of a federal compact, or the result of the actual and declared will of the people, in their primary assemblies, was, in his opinion, a point perfectly immaterial; for, whether intended to be so, or not, it was ratified by the people with all the formalities necessary to make it efficient in its object to give peace and security to the American people. He contended that it could be shown,by a plain construction of the constitution, according to its own provisions, as well as contemporaneous constructions, that the assertion that there was any one provision establishing that it was the work of States in their sovereign character, could not be successfully maintained. This brief allusion to the sacred charter of our country, and to the message of the President, he considered as sufficient to sustain him in the view that a solemn crisis in the history of the country had arrived, when Congress has been informed by the Chief Executive officer that re- My friend from Kentucky, (continued Mr. F.) by resistance to the laws has assumed an attitude so formidable ferring to the old confederation, has disclosed all its deas to prevent him from carrying them into execution, and fects. Under that system, every State was puffed up with compelled him to call on the legislative branches to ex- the notion of its sovereignty; and that word sovereign ecute their oaths, and fulfil the obligations imposed upon had been so magnified and so mystified, that the Governthem by their station, to enable him to discharge his own conscience and to preserve the peace and integrity of the Union. ment found it impossible to get along. Each State made a stand upon its sovereignty. The General Government wanted revenue, and made its requisitions on the several He had but a single answer to make to the whole of the States for their quota. Some of the States could not, or charges which had been made against the friends of the did not, pay their proportions; and hence arise difficulties bill, of an intention to go to war against South Carolina, which impede the progress of the Government. It was and to urge the country to the brink of confusion and this State pride, this everlasting aspiring of State ambidisunion. All I shall say in reply to these charges, (said tion, which prevented the success of that confederation. Mr. F.) is, that we are legislating to enable the Chief It is, said Mr. F., that pernicious spirit which I fear is now Magistrate to execute the laws according to the obliga- at the bottom of all this difficulty, as it was at the bottom tions of his oath. We make no war against South Caro- of that which obstructed the Government under the old lina; we provoke no collision; we do nothing further than confederation. We ought to be instructed and admonishis required to acquit ourselves of the duty we owe to our-ed by the result of the interference of this State pride in selves, to our country, and our Maker. If the Senate that earlier period of our history. It was found necessary will but examine this bill with care, they will find that to make an effort to amend the constitution, and to throughout the whole of its provisions this one object is strengthen the Federal Government, to enable it to resist steadily kept in view-to enable the President to execute the dangerous collisions of these State sovereignties. the laws. And I am yet to learn, continued Mr. F., Delegates were chosen to form a new constitution. Did whether an unauthorized and tumultuous assemblage of they meet in the character of sovereign States? Had they individuals, whether acting of themselves, or under the their commissions from the sovereign States authorizing authority of a State, whose object is hostile to the consti- them to represent the States? No; these delegates came tution of the United States, and to the Chief Magistrate, fresh from the people; they did what they came to do in and to the laws, is not to be put down, without incurring the name and by the authority of the people; and when the charge of making war against a State. If war shall they had completed their work and returned to the people, follow the measures thus adopted, we shall be free from the very form of words to commence the great instrument the guilt of it; if the stain of war is to rest on the skirts which they had framed was so selected as to put down of any portion of the Senate, ours shall remain un- forever the delusive idea of State interference and State stained. sovereignty: "We, the people of the United States, in But it has been argued that as this state of things re-order to form a more perfect Union," &c. It was never sults from the measures adopted by a State of the Union, dreamed then that this constitution was hereafter to be set any legislation against it is a violation of State authority up as the handywork of the States as sovereignties. and of the reserved rights of a State. I must go a little These sovereignties were all thrown back on the elefurther back than the gentlemen who have maintained ments of social existence. The people were then the that this Union is a mere federal compact, in which each only sovereigns. It was an expression of Chief Justice separate member of the compact is to judge of the ex- Jay: "the only sovereigns of the United States are the tent of obedience due to the laws of the General Govern- people; and they are sovereigns without subjects, inasment, in which each possesses a right to judge for itself; much as they have only to govern themselves." After the and that this compact is one without a common judge, constitution was framed, what was done? How was this being made between States acting in their sovereign ca- instrument ratified? Was it sent for ratification to the pacity, and ratified for all these purposes, and in all these States, in their sovereign capacity? No. There was too views, by the constitution. All this doctrine I do, in heart much wisdom and prudence, to trust to these sovereignand mind, wholly or in part, now and forever, deny. Ities. They had already given the Government too much am convinced, and such would be the verdict of thirteen trouble under the old confederation. The constitution millions of American citizens, that such a compact as is was sent back to the people for their sanction, and they here described never entered the minds of those who sustained it. Congress received the report from the con |