FEB. 20, 1833.] Revenue Collection Bill. [SENATE. meet and counteract this new and unprecedented legisla- too powerful to be resisted by the marshal with the ordition of a State, should be fairly examined and understood; nary means in his power, the President shall then issue for we--I mean the Judiciary Committee--will be satisfied his proclamation; and, in case it shall be ineffectual, he with the smallest modicum of federal power which shall may use force to execute the laws. It will be remarked, secure a certain execution of the laws. The bill proposes that the only case in which force is authorized by this neither to declare nor make war upon South Carolina; section presupposes an opposition by an armed force, or its provisions are essentially pacific, intended and calcu- of other means too powerful to be resisted by the civil lated to prevent, not to produce violence. The President powers of the United States. The authority conferred of the United States has laid the whole subject before by this section is confined strictly to repelling force by Congress, and asks us to devise a remedy by which the force, in the execution of the laws. The idea of employevils threatened by that State may be avoided, and sug- ing military force, as contemplated by this bill, is not gests the propriety of authorizing him to remove the new. The necessity of its occasional employment was custom-houses to places of safety, in the event that it felt by the framers of the constitution; it was known to should be found that the laws would be obstructed by the them that the stability and even the existence of the Govemployment of adverse force, which would render their ernment might depend upon it. Power was, therefore, execution impracticable. The committee were of opinion given by the constitution to Congress, to provide for that this recommendation of the President was prudent, calling forth the militia to execute the laws, to suppress discreet, and well becoming the Chief Magistrate of this insurrections, and repel invasions; nor has Congress pernation. This, surely, is not making war; this is not ex-mitted the power thus conferred by the constitution to ercising any harshness towards the citizens of South Caro- remain dormant. It has frequently exercised it, when lina; it is getting out of the way, it is stepping aside until circumstances have occurred which demanded it. The the fury of the times shall pass by. If the custom-house act of 1795, which is the standing law of the country, auremains in Charleston, Beaufort, or Georgetown, either thorizes the President to employ the military force of the the officers of the General Government cannot be pro- country as amply as he can do it under the provisions of tected, or violence will ensue. This is surrendering the this bill. Still it was proper that he should consult the whole of the main land to the authorities of South Caro- representatives of the people and of the States, when a lina, and transacting the business of the General Govern- case novel in its appearance, new and imposing in some ment upon the islands or upon the ocean. Is this making of its characteristic features, presented itself. It will be war? So far from it, it is the most pacific course that recollected that, in 1807, the famous embargo law passed, could be presented; it is retreating from threatened vio- which operated with peculiar severity upon the New Englence; and this is done upon the recommendation of him land States; it gave universal discontent in that quarter; who never retreated to secure his own personal safety. it was pronounced unconstitutional and void in town meetShould the first section of the bill be adopted, no force ings and legislative assemblies; resistance to it was threatcan be used under it, unless the State officers shall at- ened; and it was anticipated that the Eastern States, or tempt by force to take the goods from the collector at some of them at least, would interpose their authority to the place to which the custom-house may be removed; prevent its execution. To meet and counteract these and if such attempt shall be made at Castle Pinckney, to meditated infractions of the embargo laws, Mr. Jefferson, which place it is understood the President removed the then at the head of the Government, recommended, and custom-house prior to the 1st February, under the au- the Congress passed, an act entitled "An act to enforce thority of existing laws, or any other place to which the and make more effectual an act laying an embargo on all custom-houses may be removed under the provisions of ships and vessels in the ports and harbors of the United the first section of this bill, is there a Senator here who States, and the several acts supplementary thereto." This would say the goods should be surrendered without re-act was approved on the 9th January, 1809; the eleventh sistance? I should have hoped and believed that none section is as follows: such could be found, had I not heard this discussion. I "SECTION 11. And be it further enacted, That it shall know that some men are of opinion that this provision is be lawful for the President of the United States, or such yielding too much to the hostile appearances and threats other person as he shall have empowered for that purof South Carolina. This would be so, were she a foreign pose, to employ such part of the land or naval forces, or mination; but, in a controversy with a portion of the same litia of the United States or of the Territories thereof, as may political family, the stronger may well yield something to be judged necessary, in conformity with the provisions of the weaker; there is true magnanimity in strength yield- this and other acts respecting the embargo, for the puring to weakness, rather than proceed to violence; nor pose of preventing the illegal departure of any ship or can this idea be carried too far, unless an absolute sur-vessel, or of detaining, taking possession of, and keeping render of the rights of the stronger party shall be requir-in custody, any ship or vessel, or of taking into custody ed. In the case now existing, I am willing to concede to and guarding any specie or articles of domestic growth, South Carolina as much bravery and chivalry of spirit as produce, or manufacture; and also for the purpose of her proudest sons can claim; and still it is madness, per- preventing and suppressing any armed or riotous assemfect madness, to think of making war with the United bly of persons resisting the custom-house officers in the States. Her physical strength does not amount, numeri- exercise of their duties, or in any manner opposing the cally, to one twenty-fourth part of that of the United execution of the laws laying an embargo, or otherwise States; and that strength, comparatively small as it is, is violating, or assisting and abetting violations of the same." nearly equally divided between parties at home; and, in This act of Congress of which I have read a part, passed addition to this, is rendered much weaker by the charac-in what the Southern gentlemen are pleased to call the ter and condition of a portion of the population. best days of the republic; and it was passed, too, by a I have shown the only case in which force can be ap- unanimous Southern vote in both Houses of Congress, plied under the first section of the bill. Let us now and was sanctioned by that great republican statesman, examine in what cases it can be used under the fifth sec- Mr. Jefferson, who has justly been styled the apostle of tion of the bill, which is the only remaining one which civil liberty. The Judiciary Committee have copied and contemplates the employment of military force. The inserted in their bill these military provisions which I have provision is, that whenever the President of the United read, and they are now denounced as clothing the ExecuStates shall be officially informed, by a circuit or district tive with despotic powers. But, in 1809, the predecesjudge, that the laws cannot be executed by reason of the sors of these same gentlemen considered them as perfectly employment of an armed or military force, or other means consistent with democratic principles, and indispensable SENATE.] Revenue Collection Bill. [FEB. 20, 1833. to save the republic from ruin. For my part, I can see by the number of States. So, in calling a convention to no difference, except that the act of 1809 was designed amend it, it depends on the number of States that concur to operate upon the Eastern section of the Union, which in making the call, and not on the number of people who then threatened to annul and set aside the embargo laws, demand it. When a new convention shall meet to amend and the bill upon your table is intended to operate upon the constitution, that body will vote by States, without South Carolina, which now threatens to annul and set regard to the difference of population in the respective aside the revenue laws of the country. The New England States. It is, however, a matter of much more importance representation in Congress then opposed the enforcement to settle what the constitution is, than how or by whom it of the embargo laws; South Carolina assisted to enforce was formed, or is to be amended. It is admitted to be them; Carolina now opposes the execution of the revenue binding on all the States and all the people, having been laws, and I am happy to see that the Senators from New assented to and ratified by all. My opinion is, that it is not England are aiding us to enforce their execution. At that a league, nor is it a mere compact, according to the meanperiod, no voice from the South was heard denouncing ing which gentlemen have affixed to that term in their the enforcement of the embargo laws as tyrannical and arguments; I consider it as a frame of government, and despotic; but now, when the same measure is dealt out that the Government thus constructed is wholly indepento them which they dealt out to others under the same dent of the State Governments. The States were origincircumstances, they apply the epithets of Boston port bill, ally sovereign and independent, in every respect. The Botany Bay bill, war bill, and other appellations of a like articles of confederation were only binding upon them as kind. Gentlemen seem to forget that our citizens are a sovereign States; no means of coercion existed in the old reading and intelligent people, and will not be misled by Congress, either against the States or their citizens. Consounds; that they will look into this bill, and will examine gress had no power to enforce its enactments upon the and judge for themselves. States, nor could it operate directly upon the citizens of I will now proceed to another subject, which' is closely the States. A failure on the part of a State to comply connected with the bill under consideration; I mean the with the requisitions made by Congress had no remedy proclamation lately issued by the President of the United except that which exists among sovereign States—a resort States. To that instrument great injustice has been done to force. It was discovered, from every day's experience, in this debate. The President sets out with the view to that this weak and inefficient confederacy would not anestablish two great conclusions: first, that the State of swer the great objects desired and anxiously wished for South Carolina has no right to annul the revenue laws; by every enlightened patriot. Hence the necessity of a second, that no State has a constitutional right to secede change, and the call of the convention of 1787. Did that from the Union. Is he wrong in either? Except the wise body of men, brought together on account of the South Carolina Senators, not one of the gentlemen who weakness and imbecility of their Government, and to prohave uttered such denunciations against it have ventured vide a remedy for them, make an instrument still weaker to make an argument to prove that the President has erred or more inefficient? This cannot be believed, unless we in his conclusions, although they take great exception to find it in the instrument itself. No, sir; they formed a the arguments and reasoning by which he arrives at them. Government capable of self-preservation, and bestowed If his friends concur in the object and purpose of the upon it powers sufficient to sustain itself and perform all proclamation, I do not think it should be matter of serious its constitutional duties and functions, without relying on complaint that he has not argued precisely in the same the States. The evil which was felt under the confederaway that they might have done. Time will not permit tion was, that the State Governments had to be consulted, me to go into a critical examination of the doctrines con- and the movements of the General Government depended tained or advanced in that paper; but justice requires that upon the will and pleasure of the different States, which I should make this remark, that if that instrument be could at any time defeat the effect of the enactments of construed as in all fairness it should be, and the expres- Congress, by refusing to comply with the requirements sions used be applied to the subject-matter upon which of that body. The reliance on the States, in practice, had the President is speaking or writing, none of these ultra entirely failed; and one great object, in the formation of federal doctrines would be found in it of which gentle- the constitution, was to enable the General Government men complain. The proclamation, however, is before to pass by the State Governments, and act directly upon the public, and justice has been and will be done to it by the citizens; and this single important circumstance that tribunal, whatever may be said of it in this body. changed that which was before a league or mere compact I will, in a few words, present to the Senate my own into a Government, a substantial and efficient Governviews of the history and theory of the constitution of the ment. The convention, looking to the great interests of United States. I consider it the work or production of the country, bestowed on the new Government which the people of the States, acting as separate and distinct they were forming a power over such subjects as in its communities, and not the production of either the State judgment were of general concern, and for the transacGovernments, or of the whole people of the United States, tion or management of which the States separately were acting en masse, or as a nation. The latter idea, if adopt-incompetent. The true view of our political institutions ed and acted upon, would tend to consolidate the Govern- is this: the sovereignty is in the people; and they, acting ment, prostrate the States, and make this a Government in separate communities, have created two Governments. of unlimited powers To those who may be appointed to administer this The correctness of the idea that the constitution shall Government, in its various departments, they, have said: be considered and treated as having been formed by the To you we confide the great and general subjects in people in the different States, acting separately and dis- which we, as a united people, are interested-war and tinctly, is proved by the following considerations. peace; foreign intercourse with all nations; coinage of In its formation, each State, upon every article in it, money, and regulating its value; commerce, foreign and and upon every question which arose in the convention, domestic; imposition of duties on imports, &c. On these had one vote. The voice of Delaware was as strong as subjects you are to operate and act, out our sovereignthat of Virginia, Pennsylvania, New York, or Massachu-ty; nor are the State Governments to touch or interfere setts; it was ratified by each State for itself, and the peo- with these subjects. To the State Governments the people of no State were bound by it until they had ratified it ple have said, in like manner: Upon all other subjects, for themselves. When amendments of the constitution not prohibited by the State constitutions, you are to act as are proposed by Congress, they are to be adopted not by the sovereign power. Hence my conclusion is, that we the number of people who may be in favor of them, but owe a double allegiance--one to the General Government, FEB. 20, 1833.] Revenue Collection Bill. [SENATE. 1st. That Congress had the constitutional power to pass the tariff laws, but has exercised that power injudiciously and oppressively. 2d, That the State of South Carolina possesses no constitutional right or power to obstruct the execution of these laws. 3d. That the Federal Judiciary is competent to decide whether these laws are valid or not, upon the trial of any individual who may disobey or resist them; and that the ordinance and laws of South Carolina will afford the citizen thus tried no shield or protection whatever. and one to the State in which we respectively live. We in the latter, it possesses no binding force; it being a owe obedience and allegiance to the General Government usurpation of undelegated power. In regard to the tariff in all things committed to its charge by the constitution; laws, Congress had the right to exercise its discretion and to the State Governments, in all other things. No citizen judgment. It has done so, and has decided very improwill ever be embarrassed, if the two Governments will perly, as I believe. Still I can see no remedy except confine themselves within their constitutional limits. But through the medium of Congressional enactments. Upon suppose they so act as to render obedience to both im- this whole subject, which at present so much agitates the practicable; what then? If the law passed by the General country, the conclusions to which my mind has arrived Government be constitutional, that law of the State which areenjoins disobedience to it is an encroachment on the federal power, is itself an act of usurpation, and, of course, not binding on the citizen. Take the case which may arise out of the existing controversy: can a citizen of South Carolina, with impunity, resist the existing tariff laws? This will, in my judgment, depend entirely upon the constitutionality or unconstitutionality of these laws. I admit that disobedience to an unconstitutional act is not criminal, nor is resistance to it treason; but if Congress possess the power, under the constitution, to pass these acts, the State of South Carolina has no power to release her citizens from their obedience to them; her whole I was much gratified when I heard an allusion made to proceedings, in judicial language, are coram non judice, the debate on Foot's resolution, as it furnishes me an opand void, and can afford no protection to the citizens of portunity of correcting an error, which exists, not here, that State for their disobedience and resistance to these but elsewhere, in relation to my sentiments as delivered acts of Congress. To my mind, it is strange that gentle-on that occasion. It will be recollected that the discusmen should have imagined that a State had a right to in- sion which attracted so much public attention, at that terpose, in any form or manner, in a case of this kind; time, arose between a Senator from Massachusetts, [Mr. and that interposition be considered constitutional, and WEBSTER,] now in his seat, and a Senator from South not revolutionary. The power of laying imposts is, by the Carolina, [Mr. HAYNE, not now a member of this body. constitution, confided exclusively to Congress, and the The former contended, as I then understood him, that, in States are forbidden to exercise it. I would, therefore, all questions of political power between the Federal and inquire of gentlemen in what part of that instrument they State Governments, the former was the ultimate judge find this authority which they claim for the States? If of the extent of its own powers. In this opinion, I could they say that it is among the reserved rights of the States, not concur. I thought, and still think, that, in contromy answer is, that a right wholly surrendered cannot be versies for power between two parties, if one of them is considered as reserved; and that, when the State is for- to be the final arbiter, the other will, in time, be stripped bidden to act upon any general subject, it could not have of all its powers; and believing then, as I now do, that the been intended that they should have the power of con- States in convention constituted the proper, ultimate, trolling those to whom the subject was intrusted. If gen- constitutional tribunal, I made an argument against the tlemen will place their argument upon the natural and doctrines advocated by the Senator from Massachusetts. unalienable right of every people to resist oppression, The Senator from South Carolina insisted that the Legiscome from what quarter it may, I am ready to admit that lature of a State possessed the power to annul an act of that right exists, and was at the very foundation of the Congress which it deemed unconstitutional. From him I American revolution. American liberty and our republi- also differed in sentiment; and entertaining the opinion can institutions have their origin in it, and grew out of its that had been expressed by Mr. Jefferson, that a convenexercise. In the latter case, the people resisting their tion in the State was a safer body to act in a controversy Government do it at their peril; and so it must be in the with the General Government than a State Legislature; case supposed as likely to occur; because the State, hav-and understanding at the time that a convention, according no constitutional authority to act, cannot shield the ing to the South Carolina constitution, could not be called citizen from the effects of his resistance to the laws; nor without the concurrence of two-thirds of the members of can the State absolve him from his allegiance to this Gov- the Assembly, which could not, in all probability, be proernment. Although I cannot admit that the Federal Judi- cured, I reprobated the idea of the Legislature acting on ciary is the final arbiter between the General and State such subjects, and suggested the idea of a convention. Governments, upon a question of disputed power, yet I This was done, not only because a convention would be a have never doubted that such questions, when presented better deliberative body, but with a view to interpose obincidentally in the progress of a trial between parties pro-stacles in the way of the progress of nullification. And, perly before the court, might be decided by the court, sir, I have been so unfortunate, that my efforts to prevent and the decision would be binding upon the individuals nullification have brought upon me the charge of particiconcerned. It therefore seems to me that it is entirely pating in it. Here, I know, I was not so understood; competent for the Federal Judiciary to try and punish any elsewhere, an effort has been made to make an impression individual who may resist the execution of the laws, pro- that I was favorable to this doctrine. vided that the court shall be of opinion that they are con- When, in that debate, I used the expression, "that stitutional, and obligatory upon the citizens. I have never the acts of Congress must cease to operate in the State, felt the force of the arguments which have been employed and Congress must acquiesce by abandoning," &c., a fair to prove their unconstitutionality. The power to lay im- and liberal interpretation would have been, not that the posts is conferred on Congress, without restriction or acts of the State in convention, declaring the laws void, limitation. It may be, and has been, in my judgment, would first annul them, but it would impose on Congress abused in this instance; but this by no means proves them so strong a moral obligation, as to induce it to abandon unconstitutional. There is a manifest difference between the exercise of the power, or obtain a new grant of power. the excessive action of Congress upon a subject which, by So, when I spoke of force, the meaning was that Conthe constitution, is subjected to its legislation, and its gress should interpose its authority, and direct the Exeaction upon a subject not placed under its control by the cutive not to proceed in the execution of the laws until constitution. In the first instance, the act is obligatory; the controversy was settled. SENATE.] Revenue Collection Bill. [FEB. 20, 1833. I will detain the Senate no longer upon a topic in which nothing. Under the confederation, had a State seceded, no Senator but myself has any interest or feeling. If a it would have been a breach of its plighted faith and soman is the best interpreter of his own meaning, I claim to lemn engagements, and would have been just cause of be understood according to the explanation I have given. war; but, according to the doctrine now contended for, All liberal-minded men will so understand me. From the a State can, at her sovereign will and pleasure, as a matilliberal, I ask no indulgence. I must be indulged, how-ter of right, without giving offence, or cause of war, ever, in one additional remark. I was pleased to see the abandon and go out of the Union, and break up the whole Union men of South Carolina, shortly after I delivered my Government. I have never supposed, for a moment, that speech on Foot's resolution, seize the idea that it was ne- this right existed; but, on the contrary, that one great cessary to act by convention; and they pressed the nulli- object, in the formation of this Government, was to defiers so strongly with it, that they held them in check for prive the States of this right, and to have a General Govtwo years, and the latter at last only prevailed in the Le-ernment clothed with powers sufficient to prevent it, gislature by a single vote for calling a convention. I am should such an attempt be made by any one or more not vain enough to believe that any thing said by me pro- States. duced the effect I have mentioned; but certain it is that Gentlemen seem unwilling to take a full view of the they so acted, and thereby retarded and postponed this altered state of things produced by the adoption of the process of nullification for two years at least, and were constitution. Rights were acquired, as well as surrenderwell nigh defeating it altogether. ed, upon the formation of this Government; the people of I wish to make a few remarks on the subject of seces- each State surrendered a portion of their sovereignty and sion, which is claimed for the States by some gentlemen pre-existing rights, and acquired the advantages apperas a constitutional right. If this right exists, I am ready taining to a union of all the people and all the States. to declare, that all the high and exalted expectations and The wisdom and physical strength of the whole country hopes which I have entertained of the value and perma- are united, for the purpose of defending the rights of any nency of this Government and this Union are visionary particular member of the Union which may be invaded. and unsubstantial. From the political history of the coun- In all our external relations the States are a portion of a try, my mind had come to the conclusion that one of the great nation and Government. Our respect abroad, and objects of the constitution was to deprive the States of security at home, depend upon the rights acquired and this right. By the articles of the old confederation, the secured by the federal constitution. Every State and States had agreed and stipulated that the Union should be citizen of the United States has an interest in the honor perpetual. The very title of the articles is, "Articles of and glory achieved by the sons of Carolina in that war by confederation and perpetual union." The conclusion of which we obtained our liberty, and in that war which was them declares, "that the articles thereof shall be inviola- waged to secure it; and the federal constitution confers bly observed by the States, respectively, and the Union on the other States a right to demand all the courage shall be perpetual." and chivalry of that State in any future emergency, in a So far as a league or mere compact could bind and have conflict with a foreign Power. I need not dwell on the effect, a perpetual Union was secured under the confede- consequences of this doctrine of secession--the evils are ration. Still there was a deficiency; the will of the States too apparent and appalling to every mind. Wars between had been substituted for a Government. Hence the ne- the States will immediately ensue; causes of irritation will cessity for a change; and therefore the convention con- spring up, which nothing but a superintending General structed a Government, and clothed it with the powers Government can prevent. The States will contract alliances necessary to attain the great objects in view, and, to that with different foreign Powers, and we shall be brought to extent, deprived the States of their pre-existing powers fight battles, not for liberty and independence, as hereand sovereignty. When the people in their State conven- tofore, but on account of the quarrels of other Powers on tions ratified this constitution, they withdrew or subtract- which we may respectively be dependent. We shall cease ed so much sovereign power from the State Governments, to be a great nation; and nothing will be seen but fragand transferred to and vested it in the General Governments of this once mighty empire, fit only to be gathered ment. The people, under the constitution, exercise their up, and used by the pirates of power. Sir, I do not vote for sovereign power, through the agency of this Government, this measure because it has been asked for, and is to be upon all subjects committed to it, in the same way, and used by a Chief Magistrate in whom I have confidence. I to the same extent, that they exercise their sovereignty would act in the same way were the Government in the through the State Governments upon all other subjects. hands of others not of my choice. I support it because I That it was not intended by the framers of the federal believe it to be the duty of Congress to place the ne constitution that the States should retain their entire sary means in the hands of him who is made responsible sovereignty, is manifest from the language of the letter, by the constitution for the execution of the laws. It has which was adopted unanimously by the convention, and been said, that this is novel and unprecedented legislation. transmitted, with the constitution, to the old Congress. Not so; the laws to enforce the embargo were as strong, The language is: "It is obviously impracticable, in the and contained similar provisions, except that clause in the Federal Government of these States, to secure all rights first section of this bill which authorizes the General of independent sovereignty to each, and yet provide for Government to retire from the land to the water, for the the interest and safety of all. Individuals entering into purpose of avoiding collision with the authorities of South society must give up a share of liberty to preserve the Carolina. The Senator [Mr. MILLER, of South Carolina] rest." From this it appears that the convention well has said that South Carolina adopted her constitution in knew that the instrument they had formed deprived the the year 1790, after the formation of the federal constituStates of a portion of their sovereignty, and argument is tion; and if any thing be contained in the State constitution employed to reconcile the States to the surrender. inconsistent with the federal constitution, the last expresIn the same letter there is the following: "In all de- sion of the will of the people must prevail, and it will be liberations on this subject we kept steadily in our view that obligatory upon the citizens of that State. I understand which appears to us the greatest interest of every true the true principle to be precisely the other way. The peoAmerican-the consolidation of our Union, in which are in-ple of that State, and all others, have agreed, and so exvolved our property, felicity, safety, perhaps our national pressed themselves in the federal constitution, that it shall existence." Now, if secession be a constitutional right, not be so. It is there declared, that "the constitution, what has been gained by the adoption of the constitution and the laws of the United States made in pursuance of towards consolidating the Union? Nothing-yes, less than it, shall be the supreme law of the land; and the judges neces FEB. 20, 1833.] Revenue Collection Bill. [SENATE. of every State shall be bound thereby, any thing in the laws. I have never doubted that South Carolina was set constitution or laws of any State to the contrary notwith- tled in her purpose upon this subject. Her citizens are standing." in an error-a gross error; but when men have made up From this provision in the constitution it is apparent, their minds, and have resolved on their purpose, they do that any act of a convention or Legislature of a State, not go back to inquire into the propriety of the determiwhich conflicts with the constitution or laws of the United nation at which they have arrived; with them, the time States, passed in pursuance of the constitution, is utterly for reasoning has passed by; they have decided on action, void, and of no effect. The same Senator has urged that and will not now stop to calculate the consequences. Look sovereignty is indivisible; and, therefore, the entire alle- at her military preparations; arms and all the munitions of giance of the citizens of South Carolina is due to that war are purchased; volunteers, to the number of twelve State. His error lies in the application of his principle: thousand, are authorized by law; orders for the purchase in this country, the sovereignty is in the people; and I am of provisions have been issued; volunteers are daily tenwilling to grant that it is indivisible, but it does not follow dering their services; the commanding general has prothat its exercise cannot be parcelled out between different cured a supply of sugar, for the purpose of trying the agents or Governments. The other Senator from South force and effect of their writ of replevin. These things Carolina [Mr. CALHOUN] has stated, that the high ex- cannot be mistaken. These are not blustering men--they pectations which had been formed by the Southern por- are brave, and will fight; and my only wish is, that the tion of the United States, previous to the present Chief Government shall be prepared with the necessary means Magistrate's coming into power, have been disappointed. to prevent a prostration of the laws; and surely gentlemen It will do injustice to no one, to examine whether this al- ought not to object to this, unless they have made up legation be well founded; and I will venture to say, if their minds that one State shall control the whole Union. there be any portion of this Union whose political princi- It has been intimated by the Senator from South Caroples have been acted upon more than others, it is the lina [Mr. CALHOUN] who sits on my right, that the Chief South. One great subject of complaint from that quarter Magistrate seems desirous to make war on the men, wowas the large apprehended expenditure of public money men, and children of South Carolina. Nothing is more for internal improvements. This source of expenditure unfounded. We have called for all the orders which has been dried up by the President's veto upon the Mays have been issued to the military and naval officers staville road bill, and other subjects of internal improve- tioned near Charleston. They have been laid before us. ments of the like kind. The people of the Southern A spirit of peace and forbearance breathes through the States are generally opposed to the rechartering of the whole of them; all offensive movements and conduct are Bank of the United States. The President, at the hazard strictly forbidden; all collision to be avoided, unless in of every thing that relates to himself, has placed himself the single case of an attempt, by an armed force, to seize in opposition to this institution, whose power could have the public property, or to take dutiable goods out of the crushed any other man in the nation. The Indian tribes possession of the collector before the duties are secured. in the southwest were a great inconvenience and annoy- The President could not say or do less, unless he wholly -ance to that portion of the Union: they have been nearly disregarded his high constitutional duty; the imperative all removed to the west of the Mississippi, in consequence language of which is, that "he shall take care that the of treaties made by this administration. The great evil of laws be faithfully executed." There can be no misunderwhich the South complained, was the oppressive and un- standing upon this subject; no violence can occur unless just tariff of 1828. The President has, upon all proper commenced by the State of South Carolina; and should occasions, recommended its reduction to the wants of the such madness prevail on her part, it ought to be, and will Government; has used, and is at this time using, all his in- be, firmly met by the Executive Departments of this fluence for that purpose. Further, he has, by closing up Government; and I should consider Congress as essentially the avenues of expendituré, produced the necessity of a failing in its duty, were it to withhold the necessary speedy reduction. Do these things furnish any evidence means. I regret extremely that time will not permit me that the South has been disappointed, or has any just to reply at large to what has been said by the Senator cause of complaint? On the contrary, do they not afford from Mississippi, [Mr. POINDEXTER.] A few of his reabundant proof that the Chief Magistrate has not been in-marks, however, must be attended to. He says that the attentive to the just claims of that section of the country? act of 1795 only authorizes the militia to be called out It is true, he has not confined his regards to them alone. when the President shall be notified of the necessity of Wherever the same reasons existed in any other section doing so, by the Governor of a State. This is the proviof the United States, he has acted in the same manner to- sion of the first section, which applies to cases of insurwards them. He has not only removed the Indians from rection; but the second section of that act gives more the southwest, but likewise from the northwest. He has power to the Executive of the United States, in cases of shown equal assiduity and attention to other interests. obstruction to the laws, than this bill confers. I will read He has obtained more indemnities from foreign nations, it to the Senate: for injuries committed upon the commerce of the citizens "Sec. 2. And be it further enacted, That whenever of the United States, than has ever been effected under the laws of the United States shall be opposed, or the exany former administration. Whether this be owing to ecution thereof obstructed, in any State, by combinations superior political skill, or superior good fortune, we need too powerful to be suppressed by the ordinary course of not inquire. One thing is certain; many citizens to the judicial proceedings, or by the powers vested in the marnorth and east have been greatly benefited by the results which have attended our foreign negotiations. The Senator from South Carolina [Mr. CALHOUN] admits, that that State has legislated the General Government out of its limits, and he now complains that we wish to apply force. The answer is very obvious; the laws of South Carolina authorize the use of force, to prevent the execution of the laws of the United States; therefore, Congress must authorize force to defend the laws, or submit to the dictation of that State. It is avowed on this floor, by her Senators, that, if this bill passes, South Carolina will employ military force to carry into effect her ordinance and VOL IX-43. shals by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations and to cause the laws to be duly executed; and the use of the militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress." Under this provision, the President is not to be notified or called on by the Governor of a State; and in the case before us, it would be absurd to make such a provision, when the Executive of South Carolina is the military head |