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SENATE.]

The Force Bill.

[JAN. 22, 1833.

-to the principles which influenced when we ourselves | At the head of the amendments proposed by the States, stood in the attitude of rebellious revolters against the at the adoption of the federal constitution, and which now British Government. He thought there was no man who form a component part of that instrument, is an article, would hesitate to invest the Government with powers suf- which declares that "Congress shall make no law respectficient for the preservation of the Union; but, when a billing an establishment of religion, or prohibiting the free exwas reported such as this, which gave a new action to the ercise thereof, or abridging the freedom of speech or of Government by means of the whole military and naval the press, or the right of the people peaceably to assempower to be wielded at the discretion of the President, he ble, and to petition the Government for a redress of grievthought it would become Senators to pause and reflect. ances." Sir, compare the checks interposed in this secThey ought to require time to look into a subject which tion to the encroachments of arbitrary power with the made such great requisition upon their learning and re-language of this bill: "Whenever, by reason of unlawful search. obstructions, combinations, or assemblages of persons, or Thus much he had said to justify himself for moving a unlawful threats and menaces against officers of the Unitmore distant day than Thursday next. But he had an-ed States, it shall become impracticable, in the judgment other reason for wishing delay. It was his desire to put off of the President, to execute the revenue laws," &c.-then this discussion as long as possible. These were not the he is authorized to remove the custom-house to a secure best of times for the consideration and discussion of princi- place, and execute all the high duties and prerogatives ples of such an agitating character. Events might hap- with which the bill proposes to invest him. What shall pen, in the course of a short time, which would render constitute "unlawful obstructions, combinations, or assemthis subject less exciting. He was disposed now to adopt blages of persons" is not defined; even a threat or a methe motion of the gentleman from North Carolina. He nace, consisting of mere words, is rendered criminal; and wished to come to the discussion of this subject with as it is left exclusively to the judgment of the President to much reflection and solemn deliberation as he could bring determine for himself what is the character and intention with him into the debate. He thought the gentleman from of "assemblages of persons," what words amount to a Tennessee ought not, because of the occurrence of a threat or a menace, and what is his own interpretation particular emergency, to urge on to premature discus- of these words or, expressions, "to call forth the military sion a measure which might become part of the perma- force of the country," to enable him to carry into effect nent policy of the country. He hoped that when the this new system of pains and penalties. May it not haptime for the discussion should arrive, Congress would be pen that an "assemblage of persons" for the most innodisposed to go into it in the spirit of conciliation and for-cent and necessary purposes, in a particular quarter of the bearance.

Union, will be construed into an unlawful combination, to Mr. POINDEXTER next addressed the Chair. He obstruct the execution of the revenue laws, and, in the said that his object in rising was, to ask that the question judgment of the President, authorize the employment of on the postponement of the consideration of the bill to the army to disperse it? Do the people of the several Monday week might be taken by ayes and noes; but, States hold their constitutional privileges by a tenure so while up, he said he would avail himself of the opportuni- feeble and so uncertain, as the will, the mere caprice, of ty to offer some of the views which he had taken of the the Chief Magistrate? Sir, let us throw off the mask at provisions of the bill, not for the purpose of entering into once; enact the riot act of Great Britain; put it into the the general discussion of questions so momentous, but as hands of one of the myrmidons of the President to be read justifying his vote in favor of the motion made by the hon- aloud at every assemblage of persons which, in the "judg orable Senator from North Carolina, [Mr. MANGUM.] He ment" of the President, is unlawful; warn the multitude concurred in the suggestion of the honorable Senator from to disperse, and go peaceably to their homes; and, in case Kentucky, [Mr. CLAY,] that in fixing a day for the consid- they refuse to obey, call out an armed force, and bring eration of the bill, no particular examination of its details them to submission. This is substantially the power which was either proper or necessary; but it was important to it is now proposed to confer on the President as the basis look the great principles which it embraced full in the of all the other high prerogatives enumerated in the bill face, and to afford ample time to investigate them mature- on our table. But this is not the most extravagant fealy, before the measure was called up for the final action of ture in this novel and unprecedented transfer of arbitrary the Senate. He considered the bill as one of a perma-power in the executive branch of the Government. An nent and general character, co-extensive with the Union; assemblage of people dare not denounce an unjust, opaiming a deadly blow at the free institutions under which pressive, and unconstitutional act of Congress, imposing we live, and not as limited, according to its obvious inten- burdens on them by an onerous system of imposts, in the tion, to the attitude assumed by South Carolina, in refer- presence of an officer of the United States, without being ence to the existing system of protection to domestic ma- liable to have their words interpreted to mean a threat or nufactures. Mr. President, said he, if the title of this bill menace against the officer, and thereby subject themcorresponded with its provisions, it might, with equal jus-selves to be dealt with as the "judgment" of the President tice and propriety, be called "A bill to repeal the consti- shall decide under the provisions of this bill. The same tution of the United States, and to vest in the President consequences might result from the publication of a pardespotic powers." Such is its spirit, and such the import agraph in a newspaper, denouncing an unconstitutional of the words used to carry out the purposes intended by act of Congress, and complaining of the manner in which its enactment. No measure had ever been presented to it is executed by an officer of the United States; this, too, the consideration of Congress, from the close of the revo- might, in the judgment of the President, be a threat or lution to the present moment, so virtually destructive of menace calling for his interposition. Sir, the idea canpublic liberty, or so palpably conflicting with the plain not be credited, that the free citizens of this confederacy and positive provisions of the constitution. will submit to these shackles on their dearest privileges,

The first section of the bill clothed the President with in contravention of the compact of union which secures the extraordinary and dangerous power of controlling, by them. It is an encroachment upon personal liberty not to the exercise of his own judgment, and at his mere will and be endured, and amounts almost in terms to a repeal of pleasure, the liberty of speech and of the press, and the the constitution, which secures to every man the freedom right of the people peaceably to assemble to deliberate of speech, and guards from invasion the liberty of the on the condition of the country, and petition for a redress of grievances-rights secured by the very letter of the constitution, and inestimable to freemen.

press, and the right of the people peaceably to assemble and declare their opinions of public men and measures. All these solemn guarantees are now to be placed in the

JAN. 22, 1833.]

The Force Bill.

[SENATE.

Mr. F.

custody of one man, and to be regulated according to his served to them by the patriots who framed the constitu"judgment." tion? or shall we throw our liberties at the feet of a miliMr. P. then adverted to the second section of the bill.tary despot, clothed with unlimited powers throughout He said it was not his intention, at present, to enter mi- this widely-extended country, backed by the army and nutely into an examination of this scheme to prostrate the navy, ready at the sound of the bugle to rally around their Sovereignty of the States, and vest the President with ex-chieftain and execute his mandates? To enable each hotraordinary powers; but he claimed the indulgence of the norable Senator to deliberate well on the important quesSenate while he glanced at a part of the bill which con- tions involved in the passage of this bill, and to recur to flicted with an express provision of the constitution. He our political history from the close of the revolution up to then read from the third article of the constitution, to the present time, in order to demonstrate the true character show the limitations on the jurisdiction of the courts of of this Government by a review of the meaning and inten the United States. Among other defined cases, it is de- tion of its founders, I shall vote to postpone the consideraclared that it shall extend "to controversies between a tion of this subject to the longest time proposed. State and citizens of another State; between citizens of Mr. FRELINGHUYSEN said that, as a member of the different States," &c. It cannot be denied that these committee, he felt constrained to defend the provisions of courts possess no jurisdiction which is not expressly con- the bill against the very serious charges that had assailed ferred on them by the constitution. They are not courts it. Gentlemen had gravely affirmed that "this bill reof general jurisdiction; they have no common law powers; pealed the constitution, and conferred the powers of a and can only resort to that code to illustrate the powers despot on the President." So far from all this, it only especially granted in the article of the constitution refer-enabled the Executive to discharge the sacred obligations red to. This bill enlarges the jurisdiction of the circuit which the constitution imposes upon him, when it ordains courts of the United States, and extends it to controver- that he "shall take care that the laws be faithfully exesies between citizens of the same State. The provision is cuted." The President has applied to us for legislative written in language not to be misunderstood or miscon-aid, that he may the more certainly fulfil his high trust. strued: "If any person shall receive any injuries to his This, sir, is a great duty for him and for us that cannot be person or property, for or on account of any act by them dispensed with or avoided: it flows directly from our oaths done under any law of the United States for the protec- to support the constitution of the United States. tion of the revenue, or the collection of duties on imports, said that the dangers of the bill had been quite misapprehe shall be entitled to maintain suit for damage therefor hended by honorable Senators. The first section had in the circuit court of the United States, or the district been construed into the most dangerous power in the Exwherein the party doing the injury may reside, or shall ecutive alone, of deciding when combinations existed; be found." It is manifest that this provision transcends what were riots, and what constituted menaces; whereas, the jurisdiction of the courts of the United States, and is, by the plain terms of the law he is authorized to interpose, to that extent, a repeal of the constitution. An officer of when from these specified causes it shall become, in his the customs at the port of Boston receives a supposed in- judgment, impracticable to collect the revenues of the jury from a citizen of Massachusetts while in the discharge Government. Now, sir, it will be readily perceived that of his official duties, both being citizens resident in the this clause confers no novel or extraordinary powers. He same State-will any man, having the least respect for his is not to judge of combinations, unlawful assemblages, and character as a statesman, hazard the opinion that the cir- other hostile arrays, any further than they interrupt the cuit court of the United States for the district where the course of public laws: and when he is the officer bound injury was done can take cognizance of civil action be- to the duty of executing these laws, who else should have tween the parties for the recovery of damages? No, sir, the power of vindicating their claims, and securing for there is not a respectable planter in any part of the Union them a prompt obedience? who would venture to justify a departure so gross and pal- It was further insisted by Mr. F. that the bill, with the pable from the plain letter of the constitution. But we single and harmless provision that authorized a removal of have arrived at a crisis in the progress of this Govern- the custom-house, contained no principle that was not fament, when the tide of popular impulse sets in the direc-miliar to the legislation of Congress. Such powers as it tion of power and patronage, and the barriers of the con- gave to the President were conferred by our laws as early stitution no longer afford protection to the States or to the as 1795, and as lately as 1807. There was no odipeople against the overwhelming influence of the Exe-ous or despotic feature in the measures reported by the cutive and the dominant party in the National Legisla- committee. If they, as was said, made the Executive a ture. Pass this bill, and the very idea of State sove-despot, the constitution of the Union created the despotreigntywill be treated as a vision of the imagination—a tale ism. Sir, shall the majesty and supremacy of the laws be of by-gone days, no longer to be remembered, but to be maintained? And how shall this be done if they may be spurned and blotted out of our political history forever. defied, or put down by force or menace? Mr. President, (said Mr. P.,) when we turn our attention The bill proposes the employment of pacific measures, to the recent state papers under the signature of the Chief so long as opposition shall present a peaceful character: Magistrate, of the principles contained in which this bill as in the case of South Carolina, while her ordinance and is the consummation, the friends of constitutional liberty laws resist the legislation of the Union by judicial action have abundant cause of alarm and apprehension. The al- merely, the bill meets them with the counteracting agency ternative is presented to us, in a manner not to be blinked, of the federal courts. She would draw the questions of between our original beautiful system of confederacy collision to her own courts, that are sworn to nullify our composed of separate independent sovereignties, united laws. The bill provides that the laws of the United States for the great purposes of common defence and general shall be expounded and enforced by the courts of the Unitwelfare, under defined and specified powers, and a vast ed States. And when she resorts to military force, when consolidated empire, with its despot to rule and direct its insurrectionary movements there shall attempt to prosdestinies. trate the Government of the country, and defy the judg

In such a contest there can be no neutrals: he who is ments of its courts, then, and not until then, is the Execunot for us is against us; there is not one inch of neutral tive to put into requisition the strong arm of military ground on which the friends of State rights can stand; power, to defend and maintain them in their dignity and none can wink so hard as not to see that upon the issue of energy. And, sir, is not this all right? Is it not absolutely this struggle must depend the fate of this free and envia- necessary? How otherwise can we preserve a Govern ble confederacy. Shall the States retain the rights re- ment? In a word, Mr. President, the bill is a necessary

SENATE.]

The Force Bill.

[JAN. 22, 1833.

and salutary measure, demanded by the exigencies of the crisis; but he would not go so far as the gentleman from country. The Executive has declared his intention to main- South Carolina [Mr. CALHOUN] had gone the other day, tain, as he shall be able, the integrity of the Union; and when he had said it was more solemn and important than (said Mr. F.) for such a purpose I am prepared to sustain

him.

Mr. BROWN rose, not with the intention of offering any views as to the merits of the bill which had been reported by the Committee on the Judiciary, as it would be anticipating a discussion which would more properly arise at another stage of the question. His object was merely to explain the reasons which would influence the vote he was about to give, in order that any misinterpretation of the motives which induced it might be prevented.

that of the Declaration of Independence. All have agreed that on the first of next month, this solemn epoch will arrive. The ordinance of the State of South Carolina-the test law-that unprecedented law called the replevin act and the law for the protection of the citizens of South Carolina-all looking to one object-all go into operation on that day. He had said all these pointed to one object. To what object did they point? The answer was simple. To nullification of existing laws--to violent resistance to the United States.

He should vote against the motion proposing Monday Mr. CALHOUN rose, and said he could not sit silent week for the consideration of the bill, because its post-and permit such erroneous constructions to go forth. ponement until that period would most probably defeat South Carolina had never contemplated violent resistance the great object which all, no doubt, had in view-to to the laws of the United States.

There

give to it that fair and deliberate examination which a Mr. WILKINS said he was at a loss to understand how measure of great and acknowledged importance demand-any man could read the various acts of the State of South ed. He had most earnestly hoped that the exciting sub- Carolina, and not say that they must lead-necessarily jects which connected themselves with this question lead-in their consequences to violent measures. would not have mingled themselves with the deliberations had been no indication on the part of South Carolina of of Congress on other great questions at the present ses- any disposition to retrace her steps. sion; but it could not be disguised that the question had Up to the last moment the President had been governed now assumed a shape and character which left them no al- by the hope that she would have been convinced of the ternative but to meet it, and act on it. He concurred in error of her course, and have exhibited some juster conthe views expressed by the Senator from Kentucky, [Mr. ceptions of her obligations to the confederacy of which CLAY,] as to the proper time for the consideration of the she was a member. No such disposition had been evinced. bill, and thought that Monday next would be the most ap- What did the gentleman from South Carolina [Mr. MILpropriate time. The sentiments expressed by that gen-LER] mean when he said that all difficulties would be ob tleman, he must be permitted to say, were liberal, and he viated if Congress should only pass this tariff law? What trusted he saw in them a spirit and temper which augur was to be the alternative if no such law was passed between ed well for the adjustment of the difficulties which now this and the 1st of February? What, he repeated, was to menace the country. He entirely agreed with him, that be the alternative? Why, the tariff law was to be resisted the day proposed by the Senator from Pennsylvania [Mr. and overturned in South Carolina. And was not this to WILKINS] was too early, and that no reference ought to be considered violent resistance to the laws? They who be had, in our decisions upon this question, to the 1st had framed this bill believed it to be, in every one of its of February, when the ordinance of South Carolina is to provisions, strictly defensive. Every provision was dego into effect. Why proceed with such a precipitate and fensive in its character, and intended to meet the particular indecent haste to the decision of a question, the great im-crisis. There was not, on the face of the bill, one impor portance of which invokes our most calm and mature de- tant provision introduced which was not to be found on liberation? reference to the statute book. Indeed, the present was not so strong a bill as Congress, under peculiar circumstances, had passed before.

Before he took his seat, he would take occasion to remark, that when this question came up for consideration, while he would yield to none in a high and profound The Judiciary Committee, in framing it, had been parreverence for the Union of the States, he should most ticularly anxious not to introduce any novel principle-any probably differ from some of those who felt an equal at- which could not be found on the statute book. The only tachment to it, as to the modus operandi by which it was novel one which the bill presented was one of a very simto be preserved. He would not be unmindful of the char-ple nature. It was that which authorized the President, acter of our form of Government; and one of its most dis- under the particular circumstances which were specified tinguishing features was, that of a confederated republic. in the bill, to remove the custom-house. This was the Mr. B. said he would content himself with this general remark, as any discussion of the particular features of the bill would be, at this time, premature.

only novel principle, and care was taken that in providing for such removal no authority was given to use force.

The committee were apprehensive that some collision Mr. MANGUM then rose to correct an impression might take place after the 1st of February, either bewhich seemed to be on the mind of the Senator from New tween the conflicting parties of the citizens of South CaJersey, that this measure had met with the unanimous ap-rolina, or between the officers of the Federal Governprobation of the Committee on the Judiciary. ment and the citizens. And to remove, as far as possible, Mr. BENTON rose to a point of order. It was not in all chance of such collision, provision was made that the order to refer to matters which passed in another body. collector might, at the moment of imminent danger, reMr. MANGUM apologized to the Senate for the irre-move the custom-house to a place of security; or, to use gularity into which he had been led by the momentous a plain phrase, put it out of harm's way. He admitted character of the subject; but he appealed to every mem- the importance of this bill; but he viewed its importance ber of the committee whether he had not designated the as arising not out of the provisions of the bill itself, but bill as abominable. out of the state of affairs in South Carolina, to which the Mr. WILKINS said he had only complied with the in- bill had reference. In this view, it was of paramount imstructions of the committee in naming Thursday next. It portance. had not been his wish to name too early a day, and he It had become necessary to legislate on this subject; would willingly agree to take up the subject on Monday whether it was necessary to pass the bill or not, he would But he wished to suggest one or two considera- not say; but legislation, in reference to South Carolina, tions which had induced the committee to name so early a previous to the 1st of February, had become necessary. day. It had been admitted on all hands that a solemn cri- Something must be done; and it behooves the Governsis was about to arrive. He did consider it a solemn ment to adopt every measure of precaution, to prevent

next.

JAN. 22, 1833.]

The Force Bill.

[SENATE.

those awful consequences which all must foresee as ne-tutional, and that the South would not be satisfied with it. cessarily resulting from the position which South Carolina From the indications around him he was at a loss to decide has thought proper to assume. He had no objection to whether he had been right or wrong. make the bill the special order for Monday next, but he The Senator from Pennsylvania had said that there was hoped no day more distant than that would be fixed on. no novel feature in this bill, except that which authorized Mr. MILLER said, that the Senator from Pennsylvania the President to establish floating custom-houses. The [Mr. WILKINS] had asked him "what was to be the alter- bill provided that in case of any unlawful assemblage, native in case the tariff bill now pending should not that is, that if some half dozen sailors were to assemble pass?" He was not authorized to reply to this question together, and thus give color to the idea of an unlawful for the State of South Carolina. But he would tell the assemblage, and if this were to be near the custom-house, Senator that, in his opinion, Congress might obviate the the President, having no greater love for South Carolina existing difficulty by passing a bill to decrease the tariff than he had for any northern State, might have resort to duties. The passage of even an initiating bill would obvi- force. Another exceptionable provision in the bill was ate the difficulty, as the convention of South Carolina that which gave the power to the officer to keep possesmust be called again to meet the new contingency. He sion of the goods which he may have taken, until the was not prepared to say what kind of a bill would satisfy amount of the duties should be paid down in hard dollars. South Carolina, but a new bill, whatever its character, The State of South Carolina and the United States stood would have the effect of annulling the ordinance. The in relation to each other as two travellers who may have actual state of South Carolina was this: By virtue of her encountered each other on a hedge. If both would agree reserved rights, she was about to throw off judiciously and to keep the right, they might pass easily; but if they peaceably a burden which had been cast upon her by would come in opposition, the stronger would pass over the United States. Standing on their own soil, the peo-the weaker. Now, the Committee on the Judiciary had ple of South Carolina were about to rid themselves of an given to the President power, whenever his collectors, incubus to which they had been subjected. He would his agents, or his minions asked, to call out the whole not go into a statement of the operation of this process military force, to ride rough-shod over the liberties of the through all its various ramifications; but, he contended, people. If the Senator from Pennsylvania wished to give that gentlemen could not see, in the ordinance, or in the an opportunity to Congress to pass any act which would laws of South Carolina, any evidence to sustain the appre-have the effect of conciliating South Carolina, why did he hensions of a violent resistance to the laws. It was a mere object to the most remote day which was named? phantom of an excited imagination which had produced the great alarm that seemed to exist.

Mr. KING regretted to see that gentlemen appeared anxious to rush into a debate on the subject at this time. The Senator from Pennsylvania had said that South For himself, he was prepared to give the question all the Carolina did not retrace her steps, when she was particu- consideration which it demanded. It was one of vital imlarly invited to do so by the President. He (Mr. M.) portance. He was ready to give the National Governdid not now intend to say whether South Carolina was ment of the country, and the President who presides over right or wrong in the course she had taken. But that it, such power as would be necessary to uphold and enState had thought that the President had no right to issue force the laws; but, at the same time, he was disposed to the proclamation which had come from him. The citi-withhold his vote for any proposition which, in his judg zens of that State had thought that, under no construc-ment, interfered with the rights of the States or those of tion of constitutional right, could they be deprived of the the people, or which would place in the hands of the Preright to assemble in their own State, for the purpose of sident power which the constitution never intended. He amending their own organic law; and that, when they was not prepared to say whether the bill went to that exdid, they were to be put down by a proclamation of the tent, and therefore wished to have time to make up his President of the United States. The people of that State mind. He had, however, hoped that action elsewhere believed that, in issuing this proclamation, the President would have calmed the disquietude of the South, and had himself been guilty of an unconstitutional and unau- that a returning sense of justice on the part of those who thorized act. When the Senator from Pennsylvania had forced the protective system on the country, would could show that it was the duty of the citizens of South have prevented the necessity of clothing the President Carolina to refrain from the exercise of their constitutional with the extraordinary power conferred by this bill. He rights, in deference to the President of the United States, feared, however, that there was now but little hope, it would be time enough to answer the charge he had either from the other House or from this, in reference to made against the State for not retracing her steps. this matter. The discussion on this question, therefore, must come-it seemed perfectly clear that that must be the case.

The President had, in his opening message at the commencement of the present session, recommended a modification and reduction of the tariff duties. South Caro- He considered that the subject ought not to be postlina was ready to afford to the friends of the President poned to so distant a day as would defeat any action on the longest possible time to act on this recommendation; the subject. We owed it to ourselves, to the country, to and for this purpose he should vote to postpone this bill the administration, to give the matter a proper, a fair exto the most remote day. He challenged those who rallied amination, and by the yeas and nays to decide the question. round the President to come on, and to show why it was He rose principally to say he should vote against the postthat they now wished to hurry the discussion of the bill. ponement to Monday week, because he believed that genThe President had said that the tariff ought to be repeal- tlemen could come to the discussion as well prepared in ed. Let Congress modify or repeal the tariff by 12 o'clock a shorter period as they would by deferring the subject on the night of the 3d of March, and he would under- to a longer time. If he could believe that any events write the State of South Carolina, that not an act of vio- would occur to render this discussion unnecessary, he lence would take place, not a drop of blood would be would be willing to put it off for a month to give time for shed. He would, therefore, throw the responsibility of such events to interpose; but he believed that no delay any contingent violence on the gentlemen who were the would be long enough to prevent it altogether. He should reputed friends of the President. It was very well known vote against the motion for Monday week, and most asthat, at the last session, when this subject was disposed of, suredly against the proposition for Thursday, as being alhe had himself stated on this floor every principle which together too short a postponement. We should, by fixwas contained in the ordinance of South Carolina. He ing on the earliest day, be precipitated into the subject, had declared that the act of the last session was unconsti- and go into a discussion before a single document could

SENATE.]

Powers of the Government.

[JAN. 22, 1833.

be examined. He was astonished when the Senator from principle of a social compact, as so many individuals conPennsylvania [Mr. WILKINS] made his proposition. He stituting one nation; if they have transferred to the Geneshould give his vote for the proposition made by the Senator from Kentucky, [Mr. CLAY;] for by that time the Senate would, in all probability, be prepared to enter upon the subject.

The question on the longest day being first in order, was taken and decided in the negative, as follows: YEAS.-Messrs. Bibb, Black, Calhoun, Mangum, Miller, Moore, Poindexter, Rives, Tyler.-9.

NAYS.--Messrs. Bell, Benton, Brown, Buckner, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnson, Kane, King, Knight, Naudain, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Smith, Sprague, Tipton, Tomlinson, Waggaman, White, Wilkins, Wright.--37.

So the motion was negatived.

Mr. WILKINS then withdrew his motion for Thursday.
The motion made by Mr. CLAY was then agreed to.
So the bill was postponed till Monday next, and made
the special order for that day.

POWERS OF THE GOVERNMENT.

Mr. CALHOUN then rose and said, that not agreeing with the chairman of the Judiciary Committee that the measures proposed in the bill were of an ordinary character, and such as were sustained by precedents, but, on the contrary, fully according in the declaration of the Senator from Mississippi [Mr. POINDEXTER] that it would, in fact, be a repeal of the constitution should it receive the sanction of Congress, he had risen to offer three resolutions, with a view of testing the principles on which the bill rested.

He had drawn them with great care--with a scrupulous regard to the truth of every assertion they contain, which, he believed, no one who valued his character for candor could contradict, and that no impartial jury in christendom could, on an issue, refuse to render a verdict in their. favor; and he had been equally scrupulous in making no deductions but what were sustained by the clearest and most demonstrative reasoning.

ral Government their allegiance; if they have parted with the right of judging, in the last resort, what powers are reserved and what delegated; then, indeed, the States are without sovereignty, without rights; and no other objection can be made to the bill but what might be made to its expediency. But if, on the other hand, these positions are utterly false; if, in truth, the constitution is the work of the people forming twenty-four distinct political communities; if, when adopted, it formed a union of States, and not of individuals; if the States have not surrendered the right of judging in the last resort, as to the extent of the reserved, and, of course, of the delegated powers; then, indeed, there is not a shadow of foundation in the constitution to authorize the bill; but, on the contrary, it would be wholly repugnant to its genius, destructive of its very existence; and involved a political sin of the highest character-of the delegated acting against the sovereign power-of the creature warring against the creator. In making these assertions, Mr. C. said he had the authority of the President of the United States himself. He had tacitly acknowledged that if the views of the constitution on which the State of South Carolina has acted be correct, then neither this nor any other measure of force could be adopted against her. On no other principle could the long and elaborate argument (and false, he was compelled to say, as long and elaborate) contained in the proclamation and in the message be explained. Well might the President feel that unless the doctrines on which South Carolina had acted could be successfully resisted, it would be impossible for the Government to adopt any measure against her: which presented the great and solemn question, are they true or not? on which he proposed to make a few remarks, with the intention that the Senate might duly and deliberately reflect on them in the short interval between this and Monday next, (the day fixed for the discussion of the bill.)

The great question at issue is, where is the paramount power? Where the sovereignty in this complex, but beautiful and admirable system (if well understood) is lodged? for where the sovereignty is, there too must be Mr. C. said that, though the bill was couched in general the paramount power. A few plain, simple, and inconterms, and made applicable to all the States; and though trovertible positions will determine this point. That the it referred, apparently, on its face, to cases only of insur- people of the States, as constituting separate communirection, or lawless resistance of individual force, yet it ties, formed the constitution, is as unquestionable as any would not be denied that it was intended to be applied historical fact whatever. It stands upon the most durable particularly to the case of South Carolina, and with the and unquestionable record-as much so as the records of intention not of putting down the lawless combinations of any court in the universe; and that the Union, of which individuals in that State, but the authorized opposition of the constitutional compact is the bond, is a union between the people of South Carolina to an act which they consci-States, and not between a mere mass of individuals, rests entiously believed unconstitutional and oppressive, and, as on authority not less high-on the constitution itself, such, exercising the right which belongs to her in the last which expressly declares, in the article of ratification, that resort, as a sovereign member of the confederacy, she has it shall be binding between the States ratifying the same declared to be null and void. Whatever resistance, then, words more explicit, he would say technical, could not be may be made in the State of South Carolina is a resistance devised; yet, as certain as these facts are, they cannot be by the State itself, authorized by her sovereign authority, admitted without admitting the doctrines for which South and not the resistance of a lawless combination of indivi- Carolina contends. They, by the most certain and direct duals. It is to put down this resistance that the measure deduction, conclusively will show where the paramount now before the Senate has been reported, and in this cha- power of the system is where its sovereign authority reracter it is wholly unprecedented; there is no example of sides. the kind to be found on our statute book.

No one will pretend that the sovereignty is in the GovHere, then, (said Mr. C.,) is presented the great-he ernment. To make that assertion would be to go back would say the awfully important question-has Congress to the Asiatic idea of government-it is scarcely Eurothe right to pass this bill? There are two views of our pean, as the most intelligent writers in that section of the constitution, going back to its fundamental principles; one globe long since traced sovereignty to a higher source. contained in the proclamation and the message of the Pre-No, the sovereignty is not in the Government, it is in the sident, which have given birth to the bill, and the other the people. Any other conception is utterly abhorrent to ordinance and proceedings of the people of South Caro- the ideas of every American. There is not a particle of sov lina. As the one or the other of these views may be cor-ereignty in the Government. If, then, it be in the people, rect, the bill must be pronounced to be constitutional or which cannot be denied, unless by extinguishing the lights unconstitutional. If it be true, as stated by the President, of political science for more than two thousand years, the that the people of these United States are united on the only possible question that can remain is, in what people?

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