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" OURS . ARE THE PLANS OF FAIR. DELIGHTFUL PEACE, UNWARP'D RV PARTV RAGE TO LIVE LIKE BROTHERS.
TUESDAY, AFRIli 9, 1333.
NO. 22.
,.e-.i ' r " k . . ' i-. .'1 ;:. . r i . 1 1 v, .- -" : t ' '
11
, rm.tsnr.D ivsjir-TrssnAT. -
fcy JosbvU Gcs & Son,'
RaklxK horth'Carolina.
TERMS.
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CONGRESS.
MR. WEBSTER'S SPEECH, ,
In veplv to Mr.Culp.oun,
On the Bl'f farther to provide for the Col
lection of Dtities on Imports.
COXCLUDFD.
extent of the powers of Congress. Congress has i
lpassel a law as bemg- witlun us just powers ;
I South-CaVolina denies that this law lis within its
that she has the right so
d that her decision is final.
How are these miestionsto be settled ? '
In my opinion, sir, even if the Constitution of
the United Sta'es'had made no express provision
for such cases, it would yet be difficult to main
tain that, in a constitution existing over four and
twenty. States, with equal! authority; over all, one
could claim a rijrht of construing-it for the whole.
This would seem a1 manifest impropriety indeed,
an absurdity. If the constitution is a government
existing over all the States, thoug-h; with limited
powers, it neces.sarily follows that, the extent
of those powers, it must be supreme. If it be
not superior to the authority of a particular State,
it is not a national Government. But as it is a
Government, as it has a legislative j power of its
own, and a judicial power co-extensive with the
legislative, the inference is irresistible, that this
Government, thus created ijy the whole, and for
the w hole, must have an authority superior to that
of the particular Government of anv one part.
Congress fc the Legislature of all tjhe people of
the United States ; the Judiciary ot the Gene
ral Government is the Judiciary of all the people
of the United States. T. hold, therefore, that
this Legislature and this Judiciary are subordinate
in authority to the i.cgislature and Judiciary of a
single State, is doing violence to; all common
sense, and overturning1 all cstablish&d principles.
Congress must judge of the extent of its own
powers so often as it is called on to exercise them,
I or it cannot act at all ; and it must also act inde-
pendent of Stae control, or it cannot act at all.
I The right of State interposition strikes at the
verv foundation of the legislative nowrr of Con
The Constitution, sir, regards itself as perpetual press. It possesses no effective legislative power,
and imm.ortal. It sects to cstaoLsn a union a-; jf such right of State interposition exists ; because t;t ,tP 1 -o-'.'d
mong the people of the States, which shall lastj it can pass no law not subject to abrogation. It ' . - i , '
tlirnuirn
all time. Or, it the common t.ite of j cannot make laws for, the Union, if anv tiart of
hings human must be expe cted, at some period, the Union may pronounce its enactments void and
to happen to it, yet that catastrophe is not anti- j of no effect. Its forms of legislation would be an
cipafed. . 1 idle ceremony, if, after all, any one of four and
, The instrument contains ample provisions fori twenty States could hid defiance to its authority.
Y.s amendment, at all times ; none for its aban- j Without expi
err ate a national judicial power, which should be
permanent, on national subjec ts. And after the
constitution was framed, and while t lie ,wlvde
country w:is engaged in liscussinir its m-rirs,
one of i's most distinguished advocates,: Mr.
Madison told he people that it ivusirue that, in
contniv.'rsip-s relating to the boundvy between the
twojuri-ilictioiis, tl.e tribunal ' tohich is ulfifnatrfy
to decide is tn he established under the Genei-rjl Go
vernment. Mr, Martin, who had been a membi-r
of the Convention, asserted the same thing to the
Legislature of Maryland, and u' ged it as h rea
son for v jectiig the constitution. Mr. Pinc.k
ney, hims-lf, also a leading member of the con
vention, declared it to the people of South-C i
rolin;i. Every where, it w;-s adm t'e I, by friendt
and foes, tiiat this power whs in the constitution.
Ry some is was thought dangerous, by most ii
was thought necessary ; bu, by al!, it whs agreed
to be a power sctualty contained in the instru
ment. The Convention saw the absolute neces
sity of some control in the National Governm -nt
oer Sale laws. Diffrrent modes of establisiiing
this con'rol were suggested urtd considered. At
one time it was proposed that the laws of the
States should, from time to tune, he laid before
Congress, and that Congress should possess a
nesrarive ov-r them. Hut this was iho'urht in
expedient and inadmissible ; and in its p!a :-,
and expressly as a substitute for it, the existing
provision was introduced : that is to sty, a pro
vision by which the federal Courts should .ave
authority to overrule such Sta'e 1hw as might
be in manifest contravention of the constitution.
The writers of the IVdr ralit, in exn!a:ning t!ie
Constitution, while it was yet pending before the
people, and still unadopted, give th s sccoirnt
of the matter -n U-rmj, and assitru this reason for
the artxle as it now stands. Hy ths provis'mn
Congress escaped from the necessity of any
vikion "f State laws, left th-i whole sphere-" of
atinn qui'e untouched, and vet oh-
sectirity against any mtri:ig'm;:nt ot the
donment, at any time. It declares that new States
mav come into the Union, but it does not declare
that 'old States may go out. The Union is not a
temporary partnership of States. It is the asso
ciation of the people, under a constitution of Go
vernment, uniting their power, joining together
their highest interests, cementing their present
enjoyments and blending, in one indivisible mass
all their hopes for the future. Whatsoever is
steadfast in just, political principles whatsoever
is permanent in the structure of human society
v. lutsoever there is which can derive an enduring
character from being founded on deep-laid prin
ciples of constitutional liberty, and on the broad
foundations of the public will, all these unite to
entitle this instrument to be regarded as a perma
nent' constitution of Goverirtnent.
n the next place, Mr. President, I contend that
there-is a supreme law of the laiul, consisting of
the constitution, acts of Congress passed in pur
suance of it, ar.d the public treaties.' This will
not. be .denied, because such arc the very words
of the Constitution. But I contend further, that
:t r"ghtftf!y belongs to Congress, ?c to the Courts
of ihe- United States, to settle the construction of
Jiis supreme law, in doubtful cases. This is de
nied : and here s 'tes the great practical question,
Who is to cori.'JsL. - Jii aly tlieCti-ii!uiio'i of the
Vaif i itates? We all agree that the Constituti
on is the bupreme law ; but who shall interpret
tlwr law ? In our svstem of the division of the
powers between different Governments, contro-ver-;es
will necessrrily arise, respecting the ex
tent of the power., of each. Who shall decide
these controv ersies Docs it rest with the Gene
ral Government, in al: or any of its departments,
to exercise the office of final interpreter ? Or may
each of the States, as well as the General Gov
ernment, claim this right of ultimate decision?
-The practical result of this whole debate turns
Constitutional power of the Gik ral G ivernnrnjnt.
Indeed, sir, allow me to ask again, if the nation
ai Judiciary was not to ex rcise a power of revi
sion, on constitutional qu stions, over the judi
catures of the State', why was any national ju
dicature erected at all ? Can any man give a srn
sible rea.n for having a judicial power in this
Government, unless it be for the sake of main
taining a uniformity of decision, on questions a
rising under the Cons'itution and lawv o" Con
gress, and ensuring its execution ? And does
nut this very idea of uniformity necessarily im
ply that the construction given by the national
Courts is to be the prevailing construction r
How else, sir, is it possible that Uniformity can
be preserved 1
Gentlemen appear to me, sir to look at but
one s di of the question. Tiuy regard only th"
supposed ilanger of trusting a Government wi'h
the interpretation of its own powers. Hut wU
they view the question in its other aspect ; Mill
they show us how it is possible for a Govern
ment to get along with four and twenty' in
ternieters ot its laws and powers.' GentlenienJ
argu too, as it, in the casfs these Sate would
be always right, and the General Government
always wrong:. Hu. suppose the reverse ; sup
pose the State wrong, and, since they d.n -r,
some oi'them must be wrong, are the most im
portant an 1 essential operations of t! Govern
ment to be embar rtissed and arrested, because
one Si ite holds a contrary opinion? Mr. Presi
dent, every at gument which refers the constitu
tion U'-y of acts of ( tougre-s to Stat- decision,
appeds from the majority to the m'nonty; it
appeals fiom the common interests -to a partic
ular interest : from the councils of all to t!u
express provision in the I Constitution,
therefore, sir; this whole question is 'necessarily
decided by those provisions which create a legis
lative power and a judicial power. If these'exist,
in a Government intended for the whol?, the ine
vitable consequence is, that the laws of this le
gislative power, and the decisions of this judicial
power, must be binding on and over the whole.
No man can form the conception of a Government
existing over four and twenty States, with a regular-legislative
and judicii power, and of the ex
istence at the same time, of an authority,-residing1,
elsewhere, to resist, at pleasure or discretion, the
enactments and the decisions of such a Govern
ment. I maintain, therefore, sir, that from the
nature of tt e case, and as an inference wholly
unavoidable, the acts of Congress, and the deci
sions of the national Courts, must be of higher
authority than State laws and.State decisions. If
this be not so, there is, there can b$, no General
Government. ! ;
But, Mr. President, the Constitution hds not
left this cardinal point without full and explicit
provisions. I irst, as to the authority of Congress.
llavin- enumerated the specthe powers confer
red on Congress, the Constitution adds, as a dis
tinct and substantive clause, the following, viz f
' To make all aws which - hall be accessory ami
proper for carrying into execution the forczoincr
powers, find all other powers vetted by this Consti
tution in the Government of the United Sla es, or
in an if department or njficrr fhirrof." Ifthis means
any thing, it means that Congress mav judge of council of one : and endeavors to siin-rsefle the
;thc true extent and just interpretation of the judgment ef Ike whole by the judgment of a
specinc powers granted to u ; and may judge I p t.
also of what is necessary and proper for executing i 1 think it rlar, sir, that the Constitution, bv
necessary for the execution of its powers, it must
of necessity, judge of the extent dnd interpreta
tion of those powers.
And in retro rd. sir, to the iudiciarv. the Con-
on this point. The gentleman contends that each jstitution is still more express and; emphatic. It
State may judge for itself of any alleged violation ; declares that the judicial power shall extend to
of the constitution, and may finally decide for it-! all cases in law or equity arising tinder the Con
self, and may execute its own decisions by its stitution, laws of the United States, and treaties ;
own power. All the recent proceedings in South-' that there shall be one Supreme Court, and that
varonna are lounutu on tins ciatm or right. Her this Sunreme Court shall have a:
convention nas pronounced tne revenue lavvs'ot i tion of all these cases, subject to such exceptions I
the United States unconstitutional ; and this de-; as Congresa may make. ' It is imnosssible to es-
c;si n she doe- not allow any authority of the U-;cape from the g-enerality of thes- words. If a
nited States to overrule or reverse. Of course ; case -arises under the Constitution; that is, if a
she rejects .the- authority of Corierestf. because ! raw nrisps done.,d:nr on thp r mrfniMmn nf th
the very objeqt of the.ordinance is to reverse the Constitution, the judicial power - of the United
it. It reaches the cast, the
express provisto -, by d'.nn.te aiul un qutvocai
words, as w. Ii as by neseary itnohcatton, has!
constituted the Supreme Court of the Unit-d
State the r.ppell tc tribunal in silt cuses of a
constitutional nature wliich assume the slnpe of
a sui', in Ian or equity. And I think I caoo..t dj
better than to leave this part of the su 'ject, by
readingthe remarks made upon it by Mr. Fdls
wor'.h in the Convention of Connecticut ; a gen
tleman, sir. who h s left behind him. on the re-
Her this Supreme Court shall have appellate iurisdic-! cords of ih f;ovenmpnt of bio rrmntrv. nroofs
of tiie clearest inlel Tgence and of the deepest
sagacity, as well as of the utmost purity and in
ttgdty ot char:tcter. This Constitution," says
he, ' defines the extent of the powers ot the
General Government. If the General i.egisl dure
should, at any time, overleap their hmits, the
judicial department is a constitutional check.
itself, in whatever conrt it
dec sion ct Congress ; and she rejects, too, the States extends to
authority of the Courts of the United States, be- question
Cot
cf being her own judge, that she pronounces the , Court has appellate jurisdiction ' over all courts
Constitution of thf United fstotea ti hp o frmn.,i-ti ...l.t 1 , . ,...t,1 ..L.:.l r.l
. vv.'i'.r.wy, . WIUICVC1 iU Wlli Uai;t,, VUU 1U jJlUVIUt. Willi IllUie
to which she is a partv, and a sovereiirn oartv ' fflTec.t nnd nrccision. than .is here flnnf . for suh-
Jf this be established, then the inference is sup-! jecting constitutional questions to the ultimate
nuncitions 'gr''intrw(hat "s called majority government-
It is declared, with much warnilb, that
a majority ffovernmefit camjot be maint lined in
the Uui.e'l State-sii; What then, do gentlemen
wish ? l)n they wjsh. to estsiblish u minority ?o
vernment ? 'Do thirty Avis u to, subject the will of
the many to the will of the few ? The hon r.
ble gen'Ieman iroiji SiMith Gtirolina has spoken
of absolute ma joritl? -s; Und mujtirities concurrent;
language v holly ut knovvn to our Cortstilution,
and to which it is : asy to affix definitive ideas,
Asi far as I uniterstilSJiit,' it would teach us that
the absolute maji.rrit may be found in Congress,
bii' the majority coHiurrcnt must be looked" for
in the Stales-. Tbl is to say, sir, stripping the
mi.wic; of this novt f.y of phrase, that the ilissent
of one. or more Statt?sas S ates, renders void the
d -cision ot a m j ri;'y C ougress, so far as that
state is concerned;?! And so this doctrine, run
ning hut a short career, like other dogmas of the
Jay, terminates in t14ifi-catioii.
If this veherrl'nP .avecive against tnujuriii-s
meant no rntire that ihat, in the construction of
government, it is jse to, provide checks and
balances so th-at "tlrfre should be various limita
tions oil the pow(j pf the mere ruajrr ty, it
ivould onl nieau vVit 'he Constitution of the
United States has '3 reily abundantly provi led.
It is full of such c!V ;1cs and balances. In its ve
ry 'orarrfz.dibti, it' d'opls & aro-ul and . mo.st ef-
f-i'tual rSnticinie if : restraint of the nwer of
mere majorities. A? n i-joiitv. 6f the peopl; el.-cts
'he II us- of Ujpj .si-ntatives, but it d es not
iecl tlie S nate.'J 'lie Senate is elected. by the
Sta'es, each stutei tvir.g, in this respect, an
qual power. No Ij- V, therefore., ca;i pass with
out the assuit of ;a? '(wj, riTy of the 11 presenta
tives i if the peoply and a in gority of tne Uepre-Si-ntativeS
of thu ' S.tt. ,es als.. A major ty of ihe
llepreseutatives-. oLllie vpeople must concur,
and a m 'jority of 'He States inu-t concur in
every ct ot Congrt-ss ; and An I'resi !e,nt is e
I .-t ted on a daii "jjpin.jounded of b lh ttiese
principles, lint, fi.viiig composed tint; llouse
of Keprest itttiivrbtchosen by the. people in each
State, accordoig ti its num u-rs, afiil the other
f an iqu.l. nurnjitf tt'f members from every
Stat , whythef larferor smaller, the Constituti.
on giws to . j lr ii" in these Houses, thuscon
s innea.the fuli au'-entire power of passing laws,
subj ct aiv.ays to f tie c-ns ttiKionai ixti ictions,
.Hint to the apptjovtl of ;fi Prr side.nt. To suh
j ct them 10 any jo tir power is clear usurpation.
The. majority of .it )e llau.se may be controlled
by the in tj inty ut tireaidier ; and Doth may ba
restrained by the p resident's negative. These
are checks and br aUGej provided by the Con
stitution, existing .1 the.Govvrnment itself, and
wisely intended t s- Ctire deiibciutiosi and cau
tion in legislative ;' joceed'uigs. But to resist the
wdl of the maj'tril'i"; in both t louses, thus consti
tutionally exercis.l ; to insist on the lawfulness
of interposition f,y an extraneous power, to
claim the right 'ot 'lirMfating Tlie will ot Congress,
oy S- ttingup agiifit it the will of a single State,
is neither more hut less, as it strikes me, than a
plain attempt to fovert hr. vy the G iven.ment.
The constituted authorities of the Unite d States,
are no longer a-iinvernnieni, if they be not
masters of tlieir . ojfcn" wi I ; they are no longer a
Cuvernmeiit, i' opf eAcriial power may arresl
their proceedings, they are no longer a Govern
ment, if acts p.ost d. by both H )uses and ap
proved 1 y tin- iffisident, ma be nullified by
,-iate vi tos oV St nc ordinanc-s. Does any one
supose it'cotihi pike an-yi dilference, as to the.
binding HUtlKrdy-.ui' an act of Congress, anil ot
the tiuty of -Stite; lo respect it, whetlir it
passed by a mere majority ot both Houses, or by
tliree t.iurths of'tzjcf), or iiy the unanimous vol
of each ' W iihi'"i 1 e I. mi's and restrictions of
the (jonstitutiantl''- Government of the United
States, like all.01 )ei popular Governments, acts
by majorities. I - can act iu otiierwise. Who
ever, th retire, u.'-es the Government of a
majnit, Uf n-nitf ;rs tne ijoveroment ot Disown
country, ;md ilei ouvnces all free Governments.
And whoever witi'd restrain these in tj on ties.
while aCimg w?tl(.h their coustlutiona' hunts, by
an exiemai poWtiL whatever u? irmy i.iteud. as
serts pruicipJes ;h'.ch, if adopted, can lead to
nothing else ll;ar the destruction of the Govern
ment itst If
Does n t thejx 'pemnn '.erceive, sir, how his
argument agams .majorities might here be re
torted upon hirn' VDoes'he n-il see how cogent
ly he m giit be a ,ed, whether it be the charac
tered" nuliificatic to practise what it preaches?
Look to South C,! sohtiBPt 'he present moment.
Nov f r are the 1 irhtif minorities thore res-
use she expressly prohibits all appeal to those ; judicature to the case its
mm. It is in oKier to sustain tnii asserted right ; may arise or exist ; and in tins case the Supreme
it attaches the power of the . national If the Un ted States g-o beyond tiveir ptiwers
1 i C 11 L . I . . .
iioseu to ionow, in at, neing sovereign, tliere is no
power to( control her decision, and her own judg
ment on her own compact is und must be conclu
sive. I have already endeavored, sir, to point out the
practical consequences of this doctrine, and to
viow" how utterly inconsistent it is, with all ideas
decision of the Sirpremq Court. And, sir, this is
exactly what the Convention found it necessary
to provide f.ir, and intended !o provide for. It
is, too, exactly what the people were universally
told was' done when they adopted the Constitu
tion. One of the first resolutions adopted bv the
Convention was in these words, viz ; " that the
of regular government, and how soon its adoption j jurisdiction of the national judiciary shall extend
would involve the whole- country in revolution 1 to cases which respect thcidiecliotiofthe national
. ..,1 . 1. l..i -- I... T 1. . . .....-.
!iu iiusoiuie anarcuy. 1 nope it is easy now to
show, that a doctrine, bringing such consequen
ces with it, is jjiot well founded ; that, it has no-1
thing to stand upon but theory'and assumption ;
and that it is refuted by plain and express consti
tutional provisions. I think the Government of
the United States does-possess, in its appropriate j
u-partnients, tne autnonty of nnai tlecision on
questions of disputed power. I think it possesses
t!.;s authority, both by necessary implication, and
by express grant.
It will not bt denied, sir, that this authority na
ttu all v belong to all Governments. They all ex
ercise it from rteeessity, and as a consequence of
the exercise of other powers. The State Gov
ei'itrnents themselves possess it, except in that
class of questions which may arise between them
a:id the General Government, and in regard to
vh c!i they have surrendered it, as well by the
tiature of thei case, "as by clear constitutional.
i'itv:sious. In other and omi nary cases, whether
a particular law be in conformity to the constitu
tion of the State.is a question which the State Le-KisUt'-re
or the State Judiciary must determine.
-'all know -thatthede qtiesions aiise daily in
the State Government, and are decided by those
l-nvernments ; &. I know no Govejnmeut which
uw-s not exercise a similar power.
t H)IV!Teiier,l nrn!1(.o than liiaH
otH'c P nited States possesses this Authority 5 and
Jjl's would hardly be denied, . were itr not that
tnere are ntKfi.. 1.. v .1
" ui ci liiiitnis. tiiu since mere
'te state Governments, and since these, like other
"vx-rnments, ordinarily co'nstnie their own
Pavers, d tl.e Covermnent of the United States
onstrues its own powers also, which construc--ou
is to prevail, in the case of opposite
coiructious ? And again, as in the case
actually ! before us, the : State Govei-n-
y lutdeitake,: nut only construe
eii uwa PQ-tfw; hut to decide directly 011 the
revenue, and questions winch involve the nation-'
al peace and harmony." Now, sir, this either
.had no sensible meaning at all, or else it meant
that the jurisdiction of the national judiciary
should extend-to these questions' with a para
mount authority. It is not to be supposed flint
the Convention intruded that the power of the
national judiciary should extend to these ques
tions, and that the judicatures of the States
should also extend to them, with ieavul power of
final decision., This wouldoeto defeat the whole
object of the provision. There j were thirteen
judicatures slieady in existence, j The evil com
plained of, or the danger to be guarded .ugaiust,
was cuntradiction and repugnance ip the decisi
ons of these judicatures. If the framers of the
Constitution meant to create a fourteenth, and
yet not lo give it power to revise and control the
decisions of the existing thirteen, then they only
intended to augment the exis'ing evil, and the
apprehended danger, by increasing, still further,
the chances of discordant judgments. Why, sir,
has it become a settled axioni in politics, that
every Government must have a Judicial power
coextensive with its legislative ; power ? Cer
tainly, there is only this rea-on, viz : that the
laws may receive a uniform interpretation, and
a uniform execution. This object i'can be no
otherwise attained. A Statute is what it is judi
cially interpri-ud to be ; and if it be construed
one way in New-Hampshire, and! another way in
Georgia, there is no uniform lawj One Supreme
Cotiri, with appell -te and final jurisdiction is t -e
natural and only adequate means', in any Govern
ment, to secure this ui-iformity. 1 ThrConventi
orv saw all this clear!.) and the resolution which
J have quoted,' neVti' afttrwards escindrd, pas
ed through ariotts modifications, till it fiudly
received ther form which the art cie now wears
in the constitution. It is undo 11 kblv tfue, t Hen,
that' the tiaoie of thu coDdtiliitiun intended to
t)tr
it th.-y make a law which the Constitution does
not mi horiz', it is void, and the ju.iiciary
power, the national judges, who to s-cure their
impartially , or to be made independent, w!l
declare it tt be void. On the other hand, if
the States go beyond their limi's ; if they make
a law which is an usurpation upon the General
Gov? rnment, the law is void, and upr'ght, inde
pendent judges, will declare it to be so."
And let me only add, sir, that, in the very
first scssit n if the fi'st Congress, with all their.
well known objects, both of the convention and
the people, full and fresh in his mind, -Mr. f.Hs-
worth reported the bill, as is generally under
stood, for the erganizdion of the judicial de
partment, and, tn that bill, made provision tor
the exercise ot this appellate power of the Su
preme Court in all the proper cases ,n what-
soever Court arising : and inai uns appeuaie
power has now been exercised for more thai,
forty years, without interruption and without
doubt.
As to the cases, sir, which do not come be
fore the courts ; those political questions wliich
terminate with the enactment of Congress, ,1
is of necessity that these should be ultimately
decided by Congress itself. Like other Leg
islates, it must be trusted with this power.
The members of Congress are chosen ny the
people, and they are answerable to the people ;
like other pqblic agents, they are bound by oath
to support the Constitution, These are the se
curities that they will not violate their duty nor
transcend their powers. They are. the same se
curities as pre vail in other popular governments;
nor is it easy to see how grants of power Can be
more safely guarded, without rendering them
nugatory. If the case cannot come befoe the;
courts, and if .Congress be no,t trusted with' its
iecisiou, who shall decide it ? The gentleman
say s, each S;ate is to decide it for herself. If so,
then as I have already .urged, what is law in
one State is not la,v in the other. Or, if the re
sistance of one St le compels an entire repeal of
the law, then a minor-ty, and tliat a small one,
governs the whole Country.-
Sir, those who espouse the doctrines of nulli
fication, reject, as it seems to me, the first great
pi-incipient all republican liberty; that it that
the majority mftst govern. I i meters of com
nion concern, the judgment of a m ijorit v must
stand as the judgment of the whole. This is a
law imposed on us by the absolute necessity of
he case ; and if we do not act upon it, tliere is
Hu possibility of maintaining any G ivernment
, but despotism. We hear loud and repeated de- !Jacuj3 anj f0s
pected ? I confe ijJ sir I have not known, in
pe aceable time, ie .power of the m jot iiy car
r'td widi a night iianUj or upheld with more
r lentless d $iega f of me rights, feelings, and
pr n :iples of the tjinprity : a minority embracing,
as the gentleman fi'm'atelf will nd nit, a iarge por
tion.of the worth dtespectabdity of the State ;
a minority,. con;p-)hendinT 'n its numbers, men
who have beevii . sooiaited witti him, and with
us, in these halls 71. -legislation ; men who have
served tlreii4 coiii iryv at home, and tionoTed it
abroad, me,n whr vybuid cheerfully lay down
their lives fur thejt natfve State, in any cause
whiah they cpulei regard as the cause of honor
and duty ; men atove fear, and above reproach ;
wiioi-e deepest gri bf a-'d distress spring from the
conviction th,at te present proceedings t Hie
State must ulumtljr. reflect discredit upon her;
uuw is this npntjrr 'y, huw are these men regard
ed ? They, are ei i thralled ami disfranchised by
or linancts and a s of legislation, subjected to
tests and oaths, i- cc(mpatioie, as they conscien
tiously think; 'wit; -'Whs already taken, and 00
Iigati;ns already-()sumd ; they are proicribed
and denounced ai Vecfeants to duty and painot
ism, and slaves tn . foreign povvr ; both the spi
rit which pursif si -Jiem, and the positive meas
ures which emam e from that spirit, are harsh
and proscriptive t iyond all precedent witiiiu my
knowledge, exce l 'in. periods of professed re
volution. ' .jjf "
It is not, sir, or , vou!d think, for those who
approve t!ie.-e pre leedings, to complain of tne
power of majoriti es.,- ;
Mr. President, SjftpppHlar governments rest
on two principles ur two assumptions : .
First, That the fi iS. so far, a common interest
among those ove tliom the Government ex
tends, as.that it ';--f.y--provide for the defence,
protection anil gn d governrneDt of the whole,
without injustice , oppression to parts.
Second, I hat. f e representatives ot the peo-
text of the instrflrnent itselfi as uell as the n -cessiry
rmpFcition from offter provisions, prove
any thing ; if the early legUtior of Congress
ttie course of judicial de'ei-io . aequiescetl in by
all the States for for'yye rs, prove 'iitiy thiny;,
ill n it is proved th it tiicTv; is a supreliie law,
and a fi lal interpreter.! ' Ai ;;.'. - '
My ft Mirth arid last proportion. M. Presi lervrt -
was, that any attempt by 'Stite 10 abrott- or
nullify acts of Congress, is an usurpation on the
powers of the General Government and on the
equal rights of other States, a violation of 'h
Constitution, and a proceeding- essentially revo
luti n ry. T.'iis is urul fi!)tedlv,true, if the pre
ceding propoit ons be r gardd us pr ved. If
1 he Governin nt of the United Slates be trusted
with the duty, in any depart ment, of deel iring the
extent of ilsotvn powers, then a State ordinance
or ac of legisl itio i, auth 'fizihg resistance to an
act of Congress on t alleged gro ind of j t s
c nislitutionaliiy, is nitnifestly a usurpation upon
its powers.
It the States have equal right in matters con
cerning the whol-, th'-n for one State to set up
her judgmsnt against t Ji 2 judg nent of the rest,
and to insist m executing that judgm.-nt bv
force, is also a manifest usurp iiion 0.1 the rights
of other States.
If the Constitution of 'h United States be a
Government proper, with authority t' pass laws,
and to give them a nnif rn interpretation and ex
ecutiou, then the interfJositicn of a State, to en
force her own construction, and to resist, as to
herself, that law which binds the other States, is
a violation of the Constitution.
And if tht be revolution uy which arrests the
legislative, executive and judicial power of Gov
ernment, dispenses with existing oaths and ob
ligatio is of obedience, ;.ml elevates -mother pow-
r to s ijire ne dominion, then null'fioation is fe
vo'utionary Or if that revohriooTy, the
natural teiidncv and practical effect of wliich
is to hrek the Union into fragments, to several!
connection am' ng th" people of the r'especive
S'atcs, md to prostrate this G .-neral Government
in the dust, then nullification is revolutionary.
Nullification, sir, is as tlistinctlv'revolution.irv'
as secession ; but I cannot say that the revoluti
on which it seeks, is orie of so resp-ctab'e a dha
rartr. S' '-cession would, it i trtie, .ir.andoi) the
Constitution al iget her ; but then it woulfl pro
'es t" I'tflndm it. Wh dever odu r inctmsis'eii-
es it might run into, one, at least, it 4 would a
void. It would not belong to a Government,
while i: r-j cied its antliority. It would not re
pel the burden, ind continue to enj y the ben
efits. It would not aid i) pass ri-r laws which
others were toohey, aiid yet rej-.ct their autho'i-
tv as to itself. It would not undertake to recon
cile obedience to public authority, with an as
serted right of command over that same authori
ty. It wool 1 nrt be in he Govcfr tun n' and a
bove the Government at the Sim ? time. U it
however more respectable a mnde of secession
m-y be, it is not more truly revolutionary than
the actual execution of the.- doctrines of nullifica
tion, lioth, and each, res st the constitutional
authorities ; both, and each, would sever the
Union, and subvert the G 'vetnment.
Mr. President, having detained the Senate so
long already, I will not now examine, at length,
the ordinance and laws of Sr,uth-Carolina. These
papers are well drawn for their purpose. The'r
authors understood their-own objects. They
are called a peaceable remedy, and we have been
told that South-Carolina, after all, intends no
thing but a law-suit. A very few words sir, will
show the nature of this peaceable remedy, and
f the law.-suit which South-Carolina contem
plates. In the first place, the ordinance declares the
law of last July, and all other laws of the United
States laying duties, to be abso'utelyinul) and
vo'd, and makes it unlawful for truf constituttgl
authorities of the United States to enforce the
payment of stu b duties. . It is, therefore, sir, an
indictable offence, at ibis moment, in Smith-Ca
rolina, for any person to be concerned incollect
ipg iv v.'-nue, under the? laws of the U. States.
p bemg declared uiuawiui 10 co lect xnese un
ties bv what is considered a fitndamenrj,! law of
the S'ate, an indictment lies of course against
anv one concer ned in such collection, and he is,
oi general principles, liable to be punished by
fi'ie and imprisonment-. The terms, it is true,
are, fhat it is unlawful to e "force the payment
of du'ies ;" but every custom house officer en
firrces payment while he detains the co'"ds in or
der to obtain such 'payment. The ordinance,
ther efore, reaches every body concerned in the
collection of the duiies.
This is the first step in the prosecution of tn
peaceable remedy. I'iie second is more defti
siv. Ky the act commonly called the replevin
law, any person whose goods -are seized or de
tained bv the collector for the payment of du
ties, mav issue out a writ of replevin, and bv
virtue of that writ, the goods are to be restored
plevin ur makes it an indicuhle offence for any
clerk to funish a copy ot the recotd, for the pur
po-e of such tippe-!.
Tiie two principal provisions 1 which South
Carolin.i relies, to resist the laws of Uie United
States, and -nullify the authority of this Govern
ment, are, therefore, these :
ia joivioie seizure or tjoous uei.jre tne iunea
are pa ioT br sec 1 red, by the power of the State,
bv the -most ' effectual
means in her
Courts of the
to him." A wr t of replevin is a writ . which the
sheriff is hound to execute, and for the evectt i
on of which he is bound to employ force, if ne
cessary. He may cull out the posse, . and must
do s , if resistance be made. This povse may be
armed cr unarmed. It mav Come forth with mi
civil a d military
z. 1 :ie taKanir awaVi bv tne -most et
. .P .11 I t J ' - l
power, 01 an legal reviress in tna
United States ; the connnlnsr all
judicial .proceeding's to her own State tribunaU 'i
and the compelling of hsr jutlges and jurors or.
these her ow n courts, to .take an oath, before-hand
that t'.icy will decide sdl cases according- to tlve
onlin.mce, and the acts passed under it ; that is
th it they will decide the cause onfeyVay.; 1 They
do not' swear to tr it. on its own nierits ; they
only swear to decide it us nullification requires.
The character, sir, of these provisions, defies
com. pent. '1'heir object is as plain as: their moans
are exrraordirtiary. They propose direct resist
ance, by the vhole power of the State, to laws
ofCo.iress, to cut olf, by methods deemed ade
quate, any redress by legd atvl judicial authority.
They arrest legislation, defv the Executive, and
banish the .1 tidicial power of tl lis Government.
fitev authorize ani cbnvinivl acts to be done,
an d done by fin-ce, both of numbers and of arms,
which, if doni?, and dono by force ! are clearly
acts of rebellion and treason.
Such, sir, are the laws f. South Carbliin ;
such, sir, is the peaceable; remedy of huil.fication.
Has not nallififiatioti reached,-sir, fven tints early,
that point of direct and forcible resistance to law,
which I intimated, three years ajo, it plainly
tended ? "
And now, Mr. President, vVlfat is the reason
for passing law's like these ? What are the op
pressions experienced under the Union, calling
f)r measures which thus threaten to sever and
destroy it ? What invasions of public liberty, what
ruin to private happiness, what lo:ig list of rigid
violated,- or wrongs unredressed, is to justify to
the country, to posterity, and to the world, thisas
sault upon tiie free constitution of the United
States, tliis great and glorious work of our fa
thers ? At this very moment, sir, the whole land
smiles in peace; and rejoices in plenty. A gen
eral and a high prosperity pervades the country ;
and, -judging i by the common standard, by in
crease -of population and wealth v or judging by
the opinions of that portion of her people not em
barked in those dangerous and desperate mea
sures, tiiis prosperity overspreads South-Carolina,
herself.
Tims, happy at home, our Country, at the same
time, holds high the character of her institutions,
her power, her rapid growth, and her future des
tiny, in the eyes of all foreign! States. One dan
ger, on!'.' creates hesitation 4 one doubt only ex-"
ists to darken the otiierwise uuclouded brighfn ss
ot that aspect, which she exhibits to the view,
and to the admiration of the world. Need I say,
that that doubt respects the permanency of our
Umon 5 and need I say, that that doubt is now,
caused, more than by any thing else, by -these
very proceeding's ot South-Carolina r Sir, all .Eu
rope is, at this moment, beholding us, and look
ing for the issue of this controversy 5 those who
hate free institutions, with malignant hope ; thoe
who love them, with "deep anxiety and shivering'
fear. " '
The cause, then j sir, the cause ! Let the world
know the cause which has thus induced one State
ofthe Union, to bid defiance to the power of the
whole, and openly to talk of secession.
Sir, the world will scarcely believe that this
whole controversy, and all the desperate mea
sures which its support requires have ho other
foundation than a differences of opinion, upon a
provision of the constitution, between" a majority
ofthe p op!e of Sou'h-Carolina, on one side, anil
avast majority ofthe whole people Of the United r
States on the 'Kher. It will not creditthe fact, ihV
will not admit tiie possibility that, in an en light, t
ened age, in a free, popular republic, under V ;
Government -where tlie people govern as they
must always govern, under such systems, by ma
jorities, at a time of unprecedented happmess,
without practical oppression, without evils, such
as may not only be pretended, but felt arid expe
rienced ; evils, not slight or temporary, but deep,
permanent, and intolerable, a single State should
rush into conflict with all the rest attempt to put
down the power of the Union by her ort'n law;.
and to support those laws' by her military powr,
and thus break up and destroy the world's last
hope. Aud well the world may be incredulous
We, who hear and see it, can ourselves hardly
yet believe it. Even after all that had preceded,
it, t.iis ordinance struck the country With amaze--ment.
It was incredible and inconceivable, that
South-Carolina should thus plunge headlong into
resistance to the laws, on abutter of Opinion, and
on a. 'question in which the preponderance of opi
nion, bpth of the present day and of all past time, ,
was so overwhelmingly against hen The XJrdi
nance declares tnat Congress has exceeded its
just power, by laying duties on imports, intend
ed for the protection of manufactures. . Thisis
pie, and espGialj ) ipe people themselves, are
secure agatnstjre feral .corruption, and may he
t:usted, tiiv refoW fi with the exercise of power.
Whoever argues ,jainst ttiese principles, argues
gainst the practit fbih?y of ail free government.
And whoever ail iri s iiee,'raust admit, or cannot
deny.thalpower ij Vssife ru theb mds of Congress
asm those of oitn representative bodies. Cnn
givs is notirrcsp!' fisibje' . Its members are aems
ot the peon e, ! eli i 'sled by them, aosweraide to
lit ary arrav, and undVr tiie bad of military mii. the opinion of South-Capoliua ; & oh the strenjrth
Whatever number of tr ps may be assembled ! of that opinion she nidUTies the' laws. Yet has
in Charleston, they may be -ummoned with the J the rest of the country no right to its opinions al-Govei-ior,
or commander in chief at their head, j so ? Is one State to sit sole arbitress ? She main
to come in aid ofthe sheriff. It is evident then, (tains that those laws are plain, deliberated ithd;
sir,. that the whole niiliur power ofthe State 'palpable violations of the 'Constitution tiiaf sfie
is, to be employed, whenever necessary, in dis- j bxs a sovereign rigbt to decide this matter : and,
possessing the custom-house cfTicers, and in sei- 1 that, having sodec'uled, sfie is authorised to ' re---
2tng and hohh.ng the goods without paying the I st-st t,ieu-execution, by herown sovereign power ;.
steji in the peacea- and she declares that she Will resist it, though
duties. This is the isecond
rle remedy. I ; 1 ; '
Sir, whatever pretences may. b? set up to the
Contrary, this is the -direct application of force,
aod of military forcej ll is unlawful m itself to
replevy goods in ttie custody of the collectors.
But th'3 unlawful act is to De do ie, and it is to
done by power. Here b a plain, interposition,
by physical force, to resist the laws of the Union.
Tne legal mode of collecting duties is to detain
g ods till such duties are paid or secured. , Uut
fuce comes and overpower the collector, and
his assistants, and takes away the goods Jeaving
the duties unpaid. There cannot be clearer
c tse of forcible resistance to law. And it is pro
vided that the goods Wins seized, shall be held
aai-it any. attempt to retake,ihem, by the-saroe
force wh eh seized them. ; ,
Having thus disposessd the officers of 4 he
Government of the iroods wiinnut paymentof
duties! and eized and ieciired them by tne strong
arm ofthe Stat-, only one tbin more remained
to be done, a'nd that is, to cut off all possibility 1
of leg-al redress ; snd that, too, is accomplished,
or thought o be accomplished.. The Ordinance
decree-, that ull judicial proceedings founded on tin
revenue laws (-nclud n-, 01 course proceedings
in t'i courts of ine United States) shall be null
and void. This null ties the judicial power of
th' : 1 U ill !.uth- :- S h diciil if-d nr siirn-rtiei UdWhii t.-nted States. Then comes the test oath
at tneir pleasure l Hiul they possess as fair a cla m act. This requires all State judg-es sind jorors
to the confidence;' f he peo de, whde they co.i-i in the State courtsto swear that they will exe
tinue to deserve j t; asny other public poiitic-ti' cute the,ordmance and all. acts of the Legisla
ture. Dasseii 111 tuesuance uiereoi. hc yrui-
n.inc.e ilelares. tnat no appeal shall be allowed
I'rnm I hp decision di 'ilia State. Courts to tl.e Su-
plam ' preme Court of the United States i and the rc-
agents.
If, then sir, th( p'aijji.wit-tition of the Conven
Tion, a ia rnc ca smnor.rv .uamissiuu or oo
rove.auy thing ; if the
such resistance should seatter .the- Union into
atoms. 1 .
Mr. President, I do not intend to discuss the
propriety of thesejaws at large ; but I Will ask,
how are they shown; to be thus plainly and p.I
p:;b'y unsonstisutional. ? . I lave they ho Counte
nance at all ib the constitution itself ? Are they
quite new in the history ofthe Government ? Ara
they a sudden and violent usurpation on the rigid i
of the Slates ? Sir, wliafwilj the civilised world
say ; what will posterity sity, , when theyilearrl
that- similar laws have existed from the very foun
dation ofthe Government? that for thirty years
the power was -never questioned; and tiiat no
State in the Union has more freely and unequivo
cally admitted it than South-Carolina herself?
To lay atid.coUect dudes and imposts, ; is an
express p'nt);r, granted by the co.it.iu iun t.j
Congfess. . It 14, ahO, an txciusioe power ; for
iheconstitntion as expressly protiibiis a-ll Om
States from exercising it thent Ives. Thin er
press and exclusive p wer is tmliinited in the
tertris hi- the grant, but is attended with two
specific restr ctions ; first, that nil duties and
imposts shall oe equal in ad the States s second
that no duties shall be laid on exports. .The
power, then, being granted, ami attended with
these two restrictions, and off moire; who i to4
impose a third rettriction on the general wonts
of the grant ? If the power to lay duties, a,
known arttong all ctherations, and as kion
in all our history, and as it a perfect lyjunder
stood (vheti the const tut io pw -.s adop'ad, in
eluded a right of discrimitiat ng, while exercis-
ii.g the power, and laying soros duuel'lkevir,
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