FEB. 2, 1833.]

Revenue Collection Bill.

[SENATE.

Government he would contest it to the very last punctilio. try the issue. Why does she not come here? She says He would consider it important to take a determined we have given to our bill a wrong title. Why not bring position until the last tribute should be exacted. But her controversy with us to the proper tribunal? We are with our sister State of South Carolina, he would forbear. here ready to meet her. It is urged that the constitution If, said Mr. F., she urge me from the custom-house on should be amended. The constitution provides that this land, I would retire to a vessel; and if there were some may be done, but not without the concurrence of threebleak and desolate rock, I would be willing to retire fourths of the States. Why, then, should South Carolina, thither. I would not suffer myself to forget, misguided of herself, usurp the right of violating the laws, and as she has been, that she is a loved and honored sister. I breaking down the constitution? He would like to see would not forget that her soil contains the sepulchre of this question answered. Why had such a convention been many of that gallant band who fought and bled to establish called? The Senate had been told that there had been a this Union. I would retire backwards even to the walls, majority of Congress opposed to it, and therefore the and permit her to pursue me with her menaces, until that State of South Carolina had no chance of satisfaction by awful moment when longer forbearance would be trea- this constitutional mode. That State also passes by the son; until the last fearful issue should be, strike, or sur judicial tribunal which is authorized by the constitution render the honor, the dignity, and security of the Union. to decide in matters of controversy. She dares not come There had been some who suggested that a stand ought to the Supreme Court. It is probable that she believes in to be made at the custom-house where it is; but the com- her conscience that that court would decide against her. mittee had been anxious to respond to the recommenda- I believe it would. Thus, when she is guilty of these tion of the Executive, and thus to prevent collision, and infractions, she cannot amend the constitution to her wishes, the shedding of fraternal blood. because there is a majority every where against her. It had been said that a dangerous discretion was given The Congress is against her; all the States are against her; to the President in the last part of the first section, which and if there is any reliance on the statements in the newsauthorizes the President to employ force to prevent any papers, all the country is against her. Now we are ready obstruction, &c. He would put it to the gentlemen who to meet South Carolina in the Supreme Court, and to entertained this view whether it was well founded. The plead with her; and if the Supreme Court shall decide collector goes to the custom-house on the arrival of a that it is unconstitutional, we will give up the tariff. Not ́vessel or cargo, and makes a demand of the duties. The a State interested in that policy, not a State in all the captain refuses, and throws himself behind the shield of north and east will offer to nullify the decision of the the State of South Carolina. The collector then makes court. But South Carolina will not come and meet us his seizure. When does the President act? Not until an there; yet she says she will refer the controversy to the effort is made to rescue the vessel, and the violators of judicial tribunals. She will not come here to our court, the laws are about to carry off the goods, triumphing in but she has invited us to come into her courts. Mark the their success. The constitution lays it down that the jealousy which her conduct exhibits. She is afraid of the President is to take care that the laws are faithfully exe- Supreme Court. She is afraid of the federal tribunals. cuted. He is now required to perform this duty, and if She is even afraid of herself. She will not trust her own he cannot do this by any other means, he is authorized to tribunals. The Supreme Court is to be dragged before use the military arm. Similar powers have been formerly one of her county courts, where she has taken care to conferred on the Executive three different times, as will have every judge and juror sworn to decide against us. appear by the statute book. It had been said, this was Would you, sir, agree to carry a cause into any court making war on South Carolina. If South Carolina can under such circumstances? We are gravely asked to go justify such opposition to the laws, and if she, or any other into a court for trial where all are sworn against us! In of the States, should prefer the protection of her ordi- all fairness, this was the last mode of settling a controvernance to the alternative of obedience and union, she must sy I have ever heard of. It shows the deep, thorough, and lie down on the bed of her own making. But we are not heartfelt conviction which South Carolina feels of the into give up our laws. While the other States are paying justice and the unsustainable character of her own cause. high duties, can South Carolina, continuing a member of How has New Jersey acted in similar circumstances? the Union, be permitted to import her goods duty free, She is one of the sovereignties: a little sovereignty, I adwhich her enterprising citizens would pour into all the mit, among all these great sovereignties, and not to be neighboring States? Could it be expected that she would named with the others. She had a controversy. Her Lethus be permitted to set the laws at defiance? The bill is gislature took a course not warranted by the constitution. not making war on South Carolina. It is only to remove It was brought here to the Supreme Court, and that obstructions out of the way of collecting the revenue. It court put down the legislation of the State, and all the is a case in which the execution of the laws is put beyond people submitted at once, as they ought, to the decision. the reach of the Executive; and Congress has often given Maryland, too, has had her controversy, and has submitthis power before. ted. Pennsylvania resisted the Federal Government, al

The next clause gives jurisdiction to the circuit court of most to the point of the bayonet; yet, to her immortal honthe United States for the purposes specified. It was alto-or, she also submitted, rejected the misguiding councils gether defensive in its character. Mr. F. made various by which she had been led into error, and returned to her references to the ordinance and the replevin act of South duty. Old Virginia, too, the Ancient Dominion, whose Carolina, to show the necessity for this section. independence is sung from east to west, she opposed herThe third section of the bill was defensive. It transfers self to the General Government, and she also submitted. jurisdiction from the State courts to those of the United Now, South Carolina has set up her ordinances and laws States, and was intended by a judicial course to counter-against those of the United States, and puts herself in an act the policy of South Carolina. He could not help attitude of defiance; and, assuming the post of a creator, here remarking, that the judicial policy adopted by South points down below to the creature called the Supreme Carolina was the most extraordinary he ever had seen. It Court, refuses to permit that court to interfere, insists on had no parallel. It had become indispensable to protect the Supreme Court going to her courts, and will not even the United States' officers. What does South Carolina permit us to go to her tribunals until she has sworn all do? She professes her willingness to meet this question the judges and jurors to decide one way. Gentlemen, afon great judicial principles. We are willing to meet her on that ground, and let her have a fair chance. We have our judiciary, and we are willing to meet her there and

ter all this, talk of despotism. Why, there is a despotism never before heard of at this moment now operating in the State of South Carolina, where that noble, independ

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Revenue Collection Bill.

[FEB. 2, 1833.

ent, brave, and honorable body of men, the Union party, union of the States is to be upheld or surrendered, then he are subjected to the most cruel proscription. is authorized to call out and employ the force placed by Every man who did not yesterday take the test oath that section at his disposal. What are the powers of a lost any situation of trust which he filled, and was render- sheriff of South Carolina, if he should be called upon to ed incapable of enjoying any State office, according to resist the execution of the laws? He may call out the the provisions of the ordinance. What a despotism is posse comitatus; he may invoke the whole power of the this! I would rather, said Mr. F., give the President county. What is the whole power of the county? Eve50,000 men at his disposal, to put down this spirit of hos-ry man in it capable of bearing arms. If Gen. Hamilton tility to the laws, than suffer such a despotism to continue. and his 10,000 men were at hand, the sheriff would call What! after inflaming the public mind throughout the on him, as the Executive of the State, to execute the laws State by publications and speeches at patriotic meetings, of the State; in the same manner as the President of the shall these opposers of the laws be permitted to drive, by United States is now required to execute the laws of the the force of their test oath, the most honorable of their Union, with the aid of the force of the United States. fellow-citizens into absolute occlusion from all the immu Here, continued Mr. F., our recollections have been renities of their condition, unless they will come in and freshed by a reference to the Jersey prison-ship, and all give their adhesion to blind measures which their con- its horrors. He referred the Senate to the replevin act to sciences refuse to approve? Shall they be permitted to show the situation in which the officer of the United say to this conscientious and orderly band, "You must States is placed, whenever he shall attempt to repossess take that oath or lose your commission?" But that is not any goods; being subjected to fine and imprisonment, all. If the judges decided against the United States, and even although he shall go into the State with the broad the marshal should (and what marshal would not?) go seal of the Supreme Court. He is thus treated as a maleinto the courts of the United States to make complaint factor in the State for going there to do his duty, and that he has had his goods seized, he is then liable to fine to obey the laws, by enforcing the process of the court. and imprisonment. Here, then, it appears, that South This is nullification; but that is not all. In order to banCarolina passes by all the known tribunals of the country; ish every shred of federal authority from the State, it is swears her own judges to decide according to her own decreed that if any offender against the laws of the United views; and if the officer of the United States dares to go States shall be taken, no citizen shall be at liberty to ofto the United States courts with his complaints, fines and fer a place for his confinement. Yet the gentleman from imprisons him. And this is called a peaceful remedy. It Kentucky says, the feature in our bill which meets this is a remedy which sets at defiance all the principles and contingency is an odious one, because it leads back his elements of peace. And if we dare to interrupt South recollections to the old Jersey prison-ship. Why, ConCarolina in this course, we are told that we are making gress, so long ago as 1791, in a resolution, conveyed a war against South Carolina. If we were to carry this power precisely similar to this. In many of the States controversy into any court which has not been thus sworn there were not, at that time, any jails for the reception of against us, we should have a fair prospect of a decision in the debtors of the United States; and that resolution auour favor. I should like, continued Mr. F., to see any thorized the marshal to hire temporary dwellings for the judge, who would come to the consideration of this case purpose of jails. The provision was precisely similar to with an unbiassed mind, give a judgment upon it. Yet that contained in this bill. under the ordinance and laws of South Carolina, the marshal cannot carry his complaint into an impartial court, but on pain of fine and imprisonment.

He had thus gone over all the material provisions of the bill, and he would most earnestly submit to the Senate whether there could be any well-grounded fears on the The next section refers to the furnishing a record of any subject of the passage of this bill. It was not intended, case, where a record cannot be obtained from the State as he said in the opening of his remarks, as long as the court. A copy of the record may be obtained on the affida- judicial legislation of South Carolina could be met by levit of the refusal. Mr. F. read the following paragraph: gislation and the judiciary of the United States, to resort "And it is further ordained, that in no case of law or to force. When the State should assail the custom-house equity, decided in the courts of this State, wherein shall on land, we would retire with it to the water. But when be drawn in question the authority of this ordinance, or unlawful and dangerous combinations put the peace of the the validity of such act or acts of the Legislature as may country in danger, the Executive is clothed with the aube passed for the purpose of giving effect thereto, or the thority to put them down. validity of the aforesaid acts of Congress, imposing duties, I have been asked, continued Mr. F., and I regret that shall any appeal be taken or allowed to the Supreme the reference has been made to me, whether any of the Court of the United States, nor shall any copy of the rec- neighboring States are likely to take up the cause of South ord be permitted or allowed for that purpose; and if any Carolina. The question was, "Would Virginia, or North such appeal shall be attempted to be taken, the courts of Carolina, or Georgia, send forth their militia on a call this State shall proceed to execute and enforce their judgments according to the laws and usages of the State, without reference to such attempted appeal; and the person or persons attempting to take such appeal may be dealt with as for contempt of the court."

The Senate would then perceive that this provision is necessary to meet the obstructions therein in the way of judicial proceedings. All the principles contained in the above paragraph have been embodied into the legislative acts of the State, with some trivial exception.

from the President of the United States?" I can anticipate no other result, when such call shall be made on these States to enable the Executive to perform the duties imposed on him by the constitution. I cannot doubt that all these States would join to enforce the execution of the laws. I cannot anticipate the painful spectacle of Virginia and North Carolina reaching forth a helping hand to uphold resistance to the majesty of our laws. Sir, should such an exhibition ever be made, should these honored States suffer our laws to be defied, the public The fifth section of the bill authorizes the employment authorities to be contemned, the dearly cherished stars of the military and naval force. Mr. F. read the section, and stripes of our Union to be struck in disgrace and trailand continued: If the crisis provided for in this section ed like a loathsome weed in the dust, the occasion would should arrive, the President is not even then, in the first be the death scene of the American Union. The moral place, to resort to force, but merely to issue his proclama- bond of sentiment and good feeling will be then cruelly tion, and thus to reason with the misguided citizens. smote on all its links, and the pall of despair will envelope Should all this fail, and the crisis be hurried on, when forever the best hopes of freedom here, and under the there is no other alternative than that the dignity and whole heavens.

FEB. 4, 1833.]

Revenue Collection- Bill.

[SENATE.

He concluded with expressing his hope that the issue of importance which did not meet his assent. If any one this debate would be a response to the voice which had principle was better established than another, in referreached the Capitol from all parts of the Union.

Adjourned to Monday.

MONDAY, FEBRUARY 4.

REVENUE COLLECTION BILL.

The Senate having again proceeded to consider the bill to provide further for the collection of the duties on imports

The Senator from Pennsylvania asked us the other day,

ence to our institutions, it was that the military should be subordinate to the civil authority. If any one principle was sacred, it was this. It was one which no emergency justified us in departing from; one which constituted the very essence of a republican form of government, and without which free institutions could not exist. When we establish the doctrine that military authority may step in to execute the law, before the judiciary has exerted its powers, then the essence and spirit of our institutions Mr. BROWN, of North Carolina, rose. He did not are essentially changed. It has been our boast that in believe, he said, that he should be able to say any thing to cases where other nations resort to war, we resort to a equal the high intellectual entertainment which the gen- peaceful mode of attaining a settlement of the question; tleman who preceded him in this discussion had furnished and to the judicial tribunals is committed the administrato the Senate. But he would endeavor to remunerate tion of these peaceful measures. He did not at all object whatever attention the Senate might give to his plain, to the due administration and operation of the laws of the homely effort, by the brevity of his remarks. If he had United States. He wished the laws to find support in the consulted the admonitions of discretion rather than of du- energy of the constitution. It was vain to say that coerty, he should have been silent, nor have offered to oppose cive measures are necessary in this case; for there is an his views to those of gentlemen of such distinguished inherent energy in the constitution which will enable the ability. But the bill before the Senate involved questions laws to triumph without an appeal to force. of such magnitude, that he could not content himself with a silent vote upon it. The subject was of high interest if we were unwilling that the powers proposed to be givto the State which he had the honor, in part, to repre- en to the Executive by the bill should be confided to the sent, both as a member of the common Union, and in present President of the United States. But that was reference to her peculiar position, bordering, as she does, not the question. He would say that the past course of upon the State out of whose legislation arose this ques- the President had been such as to entitle him to unlimited tion. This obligation of duty derived additional force confidence, and there was no individual to whom he would from the resolutions of the State of North Carolina, in- more willingly confide this power than to the President. structing her Senators to exert their influence to obtain a But there was no man, however elevated in station and "peaceable adjustment of this controversy," and to pro- ennobled by virtue, however pure his integrity and honest duce a restoration of harmony between the Federal Gov- his purposes, to whom he would give a power which was ernment and the State of South Carolina. While it al- unwarranted by the constitution. We are told that a ways afforded him pleasure to comply with the re-jealous watch over the repositories of power is the only quests of his constituents, in obeying their injunctions on way of preserving liberty. He could not believe for a this occasion, he followed also the dictates of his own moment, that, if this power were given to the President, judgment and ardent wishes. It was his earnest hope he would abuse it. But it might, in worse times than that this contest, which was now assuming an angry and these, and in worse hands than his, be abused to the dethreatening aspect, should be settled in a peaceable man- struction of our institutions. We may be told that the He need not say that he disapproved of the course power will be limited as to continuance and application. of South Carolina, or that his State disapproved of it. But what does history teach us? That the fact of to-day Her course, he thought, had been rash and uncalled for becomes a precedent to-morrow. Our own history shows by the exigency of the times. She should have relied, us instances of powers, some well established as constituas he did, upon a constitutional remedy; upon the return- tional, which the framers of the constitution and its early ing sense of justice in the people of the Northern and friends would have shrunk from with dread. The GenEastern States; and upon the wisdom and patriotism as-eral Government has been gradually drawing to itself the sembled in the legislative halls of the country. But the exercise of doubtful powers. When told that they are State of South Carolina thought differently, and took re- not given by the constitution, they reply that they are jusdress into her own hands. She was responsible to herself tified by precedent.

ner.

for her course. It was not his business to sit in judgment] The honorable gentleman from Pennsylvania, in the upon her, but to express, on his own part, and that of course of his remarks, spoke of the submissive manner in his State, disapprobation of her course.

which that State would yield obedience to the most unThe bill, though proposing on its face to be general in just and injurious legislation of Congress. The history its application, was manifestly intended to be applied to of that State was illustrated by the virtues and patriotism South Carolina alone. Though the name was not written of her citizens, but the Senator would pardon him if he under the picture, he who runs may easily read. What should say that the State of Pennsylvania was not quite is the proper way of settling this question? What course exempt from the faults which are imputed to the State of is most likely to lead to a peaceable adjustment of it? This South Carolina. The course of Pennsylvania, in the fais the question before us. The Committee on the Judi- mous Olmstead case, had some agency in bringing about ciary must excuse him, if, notwithstanding the high re- the present state of things in South Carolina. Though spect he entertained for their talents, he should wholly South Carolina had not derived her impulse from that dissent from the specific remedy which they propose. source, yet the doctrines once contended for by PennHe did not believe that the bill by them presented to the sylvania were appealed to in justification of her present Senate was calculated to carry out the glorious, the ines- course. The opinions and principles of Pennsylvania in timable principle of our institutions, that our Government the Olmstead case had been cited in the discussions in should be essentially pacific in its remedies. He believed South Carolina, as justifying her resort to self-redress. that, in its consequences, it would be attended with vio- He did not stamp his approbation on them, nor on those lence, and perhaps lead to civil war. He objected to the of Carolina. [Mr. B. then read extracts from the report provision which authorized the repulsion by force of any made in the House of Representatives of Pennsylvania, attempt to execute the laws of South Carolina in refer- on the message of the Governor, relative to the mandaence to the revenue. To that provision he mainly ob-mus of the Supreme Court of the United States, in the jected, but there were some other provisions of minor case of Gideon Olmstead, as follows:]

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Revenue Collection Bill.

[FEB. 4, 1833.

"That the subject referred to them has not failed to cularly to that State, and bound her to practise the same engage their most serious reflection. They have viewed moderation towards Carolina which the Union practised it in every point of light in which it could be considered. towards her, when, in a moment of high excitement, she It is by no means a matter of indifference. In whatever opposed herself to the laws of the Union. He would, in way the Legislature may decide, it will be in the highest further support of his views, read from a speech delivered degree important. We may purchase peace by a sur- by a highly distinguished citizen of Pennsylvania, a pasrender of right, or exhibit to the present times, and to sage which was fraught with just and liberal sentiments. late posterity, an awful lesson in the conflicts to prevent [From the address delivered before the literary societies it. It becomes a sacred duty we owe to our common of Jefferson College, at the annual commencement in country, to discard pusillanimity on the one hand, and September, 1832, by the honorable W. WILKINS, he rashness on the other. In either case, we shall furnish read the following passage:] materials for history; and future times must judge of our "If we start with horror from such frightful consewisdom or our weakness. Ancient history furnishes no quences, let our efforts be directed to avert the evil parallel to the constitution of this united republic. And which brings them in its train. Ever keep in mind the should this great experiment fail, vain may be every ef- spirit of compromise in which our constitution had its fort to establish rational liberty. The spirit of the times origin. Instead of defiance and derision, let us adopt the gives birth to jealousy of power; it is interwoven in our tone of conciliation, and, where practicable, of concessystem; and is, perhaps, essential to perfect freedom and sion. Instead of hunting up materials, from spiteful comthe rights of mankind. But this jealousy, urged to the parisons between different States or districts, let us extreme, may eventually destroy even liberty itself. As remember only what is glorious in the history, or estimaconnected with the federal system, the State Govern-ble in the character of each; adopting the happy quotaments, with their inherent rights, must, at every hazard, tion of Lord Chatham, when deprecating that stubborn be preserved entire; otherwise the General Government and contemptuous defiance which led to the dismembermay assume a character never contemplated by its fra- ment of the British empire; let each State, in reference mers, which may change its whole nature." to every other,

"Resolved, That in a Government like that of the United States, where there are powers granted to the General Government, and rights reserved to the States, it is impossible, from the imperfection of language, so to define the limits of each, that difficulties should not sometimes arise from a collision of powers; and it is to be lamented that no provision is made in the constitution, for determining disputes between the General and State Governments, by an impartial tribunal, when such cases

Resolved, That from the construction the United States courts give to their powers, the harmony of the States, if they resist encroachments on their rights, will frequently be interrupted: and if, to prevent this evil, they should, on all occasions, yield to stretches of power, the reserved rights of the States will depend on the arbitrary power of the courts.

'Be to her faults a little blind,

'Be to her virtues very kind.'"

In dwelling on the common efforts and the common sacrifices-on that precious fund of glorious recollections which two wars have accumulated for the whole country-there must be kindled a generous and sympathetic ardor which will prove the most powerful of centripetal forces. I agree, continued Mr. B., that the spirit of compromise and conciliation is the strongest bond which binds us together, and it is that tie which unites us, and not the strong arm of military power.

The gentleman from New Jersey, in the course of his remarks, said that the constitution was ratified by the people; that it was submitted to the States merely from convenience; and that the people had clothed the General Government with its powers. To that position he would "Resolved, That, should the independence of the States, not assent. It brings up the great question of consolias secured by the constitution, be destroyed, the liberties dated powers. The establishment of this doctrine utterly of the people, in so extensive a country, cannot long annihilates the constitution as it was expounded by the survive. To suffer the United States courts to decide most enlightened republicans of '98 and '99. If that docon State rights, will, from a bias in favor of power, neces- trine had been constitutional, then it was only necessary sarily destroy the federal part of our Government; and that the constitution should be ratified by the majority of whenever the Government of the United States becomes the people. The ceremony of submitting the instruconsolidated, we may learn, from the history of nations, ment for the ratification of the States was an idle mockewhat will be the event."

ry, if the powers granted by the constitution were not Those papers show what were the doctrines of Penn- granted by the sovereign States, but by the people in sylvania at that time; and it is well known that she went mass. He would refer to the history of the transaction. on to carry those into practical operation. She called out Eleven States had ratified the constitution, constituting her whole military power to resist the decree of the court, an overwhelming majority of the people; but still North and steps were taken to bring her military force into ac- Carolina refused to ratify it, and so did Rhode Island. tual service. He did not adduce this fact because he ap- As sovereign States, they refused their sanction to it. If proved of the doctrines of Pennsylvania, for, in his the doctrine of the Senator from New Jersey was correct, opinion, she went too far. But he meant to show her North Carolina was, at this time, guilty of resistance to rashness did not draw down upon her the power of the the constitution and laws. Little Rhode Island was guilty Union. The administration of that day had not recourse of opposition to the supreme law of the land, for she did to military coercion. The decided stand which the State not come into the Union for some time after North Carohad taken was known to the Government and to Congress, lina. That single circumstance shed much light on this but they did not consider that any coercive measure was subject. The State of Rhode Island, a small State, but necessary before the judicial tribunals had tried their re-little larger in population than some of the counties medy. No bill was introduced in Congress, no measures in New York, yet exercising on that occasion a soverecommended by the President for meeting the measures reignty co-extensive with that of New York, Pennsylof Pennsylvania with military force. They trusted to vania, or any other State in the Union. Another fact the force of our institutions, without other remedy, and repudiates the doctrine here advanced, that the constituthose institutions triumphed. tion is the work of the people. It is only necessary for Should not the recollection of this transaction inculcate a majority of the States, constituting one-fourth of the upon Pennsylvania moderation, and unabated confidence people, to refuse to elect Senators, and an end is put at in a peaceful remedy? The case addressed itself parti- once to the General Government. This consideration

РЕВ. 4, 1833.]

Revenue Collection Bill.

[SENATE.

puts to flight all the arguments urged to prove that this the work which they had begun, and to carry out that is a consolidated Government. He was aware that it had beautiful theory of republican rule. Happily for the been said, in reply to this remark, the meaning of the the country, they prevailed. Happily for the country, quorum, which was necessary to enable the Senate to the principle was established, that the States were sovetransact business, would in this case be construed to reign and independent, as to all powers which they had mean a majority of the States actually represented; and not delegated to the General Government. And some of the States not represented would not be considered as the republican party went so far as to believe that the belonging to the Union. But this objection would drive States themselves had the right, in the last resort, to degentlemen to an admission of the right of secession-a termine for themselves what were the precise powers doctrine which, perhaps, they would not be willing to allow; for if a State has not the right of secession, no act that she herself may do, or omit to do, can place her out of the Union.

which they had delegated. He was well aware that the doctrine of nullification, as it now prevailed in South Carolina, was about to be made use of, not against that doctrine alone, which he did not rise up to defend, but for But if the origin and nature of our Government did not the purpose of founding upon it a war of extermination. put this idea to rest, the character and extent of our It was against that that he desired to enter his protest; country would have done so. The people of so wide under this masked battery, he saw that it was intended to and various a surface would never have delegated the fire upon the rights of the States. Gentlemen held up powers to make a consolidated Government. They knew the flag of nullification, rang all the changes upon the that no such Government could exist here. What says word, sounded the toesin of alarm throughout the counMr. Hamilton in the Federalist? What says Mr. Madi- try, and presented the whole matter in a light the most son on the subject? Why, that to adopt a consolidated unfavorable to South Carolina, in order to justify to the Government would be destroying the principles of the other States the war which they were disposed to wage. revolution, and would inevitably lead to monarchy. And It was a war, too, which would admit of no neutrals. The why? Because whenever a majority, having adverse in- gentlemen who have taken the strong ground, like Naterests to the minority, should combine to oppress the poleon, have thrown out the declaration that there must smaller portion, the latter would have to intrench them- be no neutrals. selves behind their reserved rights, and make resistance to the oppression, or be annihilated.

I take my stand, said Mr. B., on the reserved rights of the States. I repudiate the doctrine of nullification. I What would be the consequence of this resistance? So repudiate also the high-toned doctrine of the federal parsoon as the minority discovered that the majority were ty. I believe it is to that high-toned doctrine that we are forcing interests adverse to their own, and they began to attribute nullification. I believe that doctrine produced to resist the encroachment, the military arm of the Gov-it; is the parent of it. It is by an improper pressure ernment would immediately be strengthened, and there of the Federal Government on the rights of the States, would be but one step beyond-that of a monarchy. and by exercising doubtful powers, that the State of South The gentleman from New Jersey had said that it was Carolina has been thrown into this position. He did not the aspiring pride of the State sovereignties which had mean to justify the course of that State. But whether led to this state of things. The aspiring pride of the she was right, or whether she was wrong, this furnished State sovereignties! It was an avowal of doctrines such her with something like an excuse for her conduct. He as these which was so repugnant to his feelings. It was believed that the principle was as susceptible of demonwell known that in the origin of the Government the stration as any principle of mathematics; that almost any country was divided into two great parties. One of these attitude of resistance against the Federal Government, in parties contended in favor of the reserved rights of the which States had been seen, arose out of the unwarrantaStates, and to restricted powers of the General Govern- ble exercise of doubtful powers by the United States. ment. The other was for conferring on the General Gov- They had always been inclined to tranquillity. They had ernment unlimited powers. This last was called the always been disposed to make a child's bargain with the federal party. With a loud note they proclaimed the United States: If you will let us alone, we will let you necessity of investing the General Government with a alone. They would never have admitted the idea of rising vast range of authority. Some of them even went so far in opposition to the United States, unless there had been as to propose a form of Government which would have been some exciting cause. The whole history of the world substantially a monarchy. Mr. Hamilton, in the conven- proves this fact. There is no precedent where a people tion which framed the federal constitution, had advocated have arrayed themselves against a supreme power without the appointment of a chief Executive Magistrate, and a any occasion, because the great body of mankind has alSenate during good behavior, which was equivalent to ways been found more ready to acquiesce in oppression appointing them for life. Such, said Mr. B., is my than to resist it. He desired gentlemen to produce a sinremembrance of the subject. The history of these gle precedent where a people whose pursuits are peacetimes will show the fact. The doctrine of State rights, ful and agricultural for the most part, were willing to and of the reserved powers of the State sovereignties, cast away the piping times of peace," and for the mere was abhorrent to the leaders of that party. They did love of glory to rush into a conflict against power, and not, however, succeed in carrying their enlarged views that power twenty times larger than itself. Could geninto effect. He did not intend to characterize the tlemen produce an instance where any State, without whole of that party as entertaining these views. But provocation, had ever offered resistance to the General such were the sentiments of some of its leaders. Nor did Government? He had thus, he believed, established the he intend to impugn the motives of these gentlemen, great principle that the States themselves were always though he doubted not they were actuated by feelings as willing to be quiet, and that most of the opposition which patriotic as those which actuated any men. But it was well had been manifested against the General Government had known that the high-toned part of the federal party did arisen from the exercise of doubtful power by that Govdoubt the competency of the people to self-government. ernment, by which had been provoked that State pride They were for arming the federal power with all authori- which the gentleman from New Jersey so earnestly dety, in order, as they said, to save the people from their nounced. Without that pride this republic would now own worst enemies. There were some of the prominent have been as nothing. To justify this principle, that most men of the country who did not subscribe to that principle, of the controversies which had arisen, have arisen from but who did believe that the people were competent to the circumstance of the Federal Government taking their self-government; that they were fully able to go through debatable ground, he would read an authority which

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