tion, in a conventional form, or a legislative form of enactment, she can defeat the execution of certain laws of the U. States, I, for one, will express my opinion, that I believe it is utterly impracticable, whatever course of legislation she may choose to adopt, for her to succeed. I am ready, for one, to give the tribunals and the executive of the country, whether that executive has or has not my confidence, the necessary measures of power and authority to execute the laws of the Union. But I would not go a hair's breadth further than what was necessary for those purposes. Up to that point I would go, and cheerfully go; for it is my sworn duty, as I regard it, to go to that point.

Again: taking this view of the subject, South Carolina is doing nothing more, except that she is doing it with more rashness, than some other states have done.

An opinion prevailed some years ago, that if you put the laws of a state into a penal form, you could oust federal jurisdiction out of the limits of that state, because the state tribunals had an exclusive jurisdiction over penalties and crimes, and it was inferred that no federal court could wrest the authority from them. cording to that principle the state of Ohio passed the laws taxing the branch of the United States bank, and high penalties were to be enforced against every person who should attempt to defeat her taxation. The question was tried. It happened

Ac

to be my lot, (said Mr. C.) to be counsel at law to bring the suit against the state, and to maintain the federal authority. The trial took place in the state of Ohio; and it is one of the many circumstances, which redounded to the honour of that patriotic state, she submitted to federal force. I went to the office of the public treasury myself, to which was taken the money of the bank of the United States, it having remained there in sequestration, until it was peacably rendered in obedience to the decision of the court without any appeal to arms. In a building which I had to pass in order to reach the treasury, I saw the most brilliant display of arms and musketry that I ever saw in my life; but not one was raised or threatened to be raised against the due execution of the laws of the U. S. when they were then enforced.

In Virginia, (but I am not sure that I am correct in the history of it,) there was a case of this kind-persons were liable to penalties for selling lottery tickets. It was contended that the state tribunals had an exclusive jurisdiction over the subject. The case was brought before the supreme court-the parties were a Myers and somebody else, and it decided as it must always decide; no matter what obstruction-no matter what the state law may be, the constitutional laws of the United States must follow and defeat it, in its attempt to arrest the federal arm in the exercise of its lawful authority. South Carolina has at

tempted and I repeat it, in a much more offensive way, attempted to defeat the execution of the laws of the United States. But, it seems that under all the circumstances of the case, she has, for the present, determined to stop here, in order that by our legislation, we may prevent the necessity of her advancing any further. But there are other reasons for the expediency of legislation at this time. Although I came here fully impressed with a different opinion, my mind has now become reconciled.

The memorable first of February is passed. I confess I did feel an unconquerable repugnance to legislation until that day should have passed, because of the consequences that were to ensue. I hoped that the day would go over well. I feel, and I think that we must all confess, we breathe a freer air than when the restraint was upon us. But this is not the only consideration. South Carolina has practically postponed her ordinance, instead of letting it go into effect, till the fourth of March. Nobody who has noticed the course of events, can doubt that she will postpone it by still farther legislation, if congress should rise without any settlement of this question. I was going to say, my life on it, she will postpone it to a period subsequent the fourth of March. It is in the natural course of events. South Carolina must perceive the embarrassments of her situation. She must be desirous-it is unnatural to suppose that she is not-to remain in the Union. What! a state

whose heroes in its gallant ancestry fought so many glorious battles along with those of the other states of this Union, a state with which this confederacy is linked by bonds of such a powerful character! I have sometimes fancied what would be her condition if she goes out of this Union. If her 500,000 people should at once be thrown upon their own resources. She is out of the Union. What is the consequence? She is an independent power. What then does she do? She must have armies and fleets, and an expensive government-have foreign missionsshe must raise taxes-enact this very tariff which had driven her out of the Union, in order to enable her to raise money and to sustain the attitude of an independent power. If she should have no force, no navy to protect her, she would be exposed to piratical incursions. Their neighbour, St. Domingo, might pour down a horde of pirates on her borders, and desolate her plantations. She must have her embassies, therefore must she have a revenue. And, let me tell you, there is another consequence-an inevitable one; she has a certain description of persons, recognised as property south of the Potomac, and west of the Mississippi, which would be no longer recognised as such, except within their own limits. This species of property would sink immediately to one half of its present value, for it is Louisiana and the south western states which are her great market.

But I will not dwell on this

topic any longer. I say it is utterly impossible that South Carolina ever desired, for a moment to become a separate and independent state. If the existence of the ordinance, while an act of congress is pending, is to be considered as a motive for not passing that law, why this would be found to be a sufficient reason for preventing the passing of any laws. South Carolina, by keeping the shadow of an ordinance even before us, as she has it in her power to postpone it from time to time, would defeat our legislation for ever. I would repeat that, under all the circumstances of the case, the condition of South Carolina is only one of the elements of a combination, the whole of which together, constitutes a motive of action, which renders it expedient to resort, during the present session of congress, to some measure in order to quiet and tranquillize the country.

If there be any who want civil war-who want to see the blood of any portion of our countrymen spilt, I am not one of them. I wish to see war of no kind; but, above all, I do not desire to see a civil war. When war begins, whether civil or foreign, no human sight is competent to forsee when, or how, or where it is to terminate. But when a civil war shall be lighted up in the bosom of our own happy land, and armies are marching, and commanders are winning their victories, and fleets are in motion on our coast, tell me if you can, tell me if any human being can tell its dura

tion? God alone knows where such a war will end. In what state will be left our institutions? In what state our liberties? I want no war; above all, no war at home.

Sir, I repeat, that I think South Carolina has been rash, intemperate, and greatly in the wrong; but I do not want to disgrace her, nor any other member of this Union. No, I do not desire to see the lustre of one single star dimmed of that glorious confederacy which constitutes our political sun; still less do I wish to see it blotted out, and its light obliterated for ever. Has not the state of S. Carolina been one of the members of this Union in "days that tried men's souls?" Have not her ancestors fought alongside our ancestors?

Have we not, conjointly, won together many a glorious battle? If we had to go into a civil war with such a state, how would it terminate? Whenever it should have terminated, what would be her condition? If she should ever return to the Union, what would be the condition of her feelings and affections, what the state of the heart of her people? She has been with us before, when her ancestors mingled in the throng of battle, and as I hope our posterity will mingle with hers for ages and centuries to come in the united defence of liberty, and for the honour and glory of the Union. I do not wish to see her degraded or defaced as a member of this confederacy.

In conclusion, allow me to entreat and implore each indi

vidual member of this body to bring into the consideration of this measure, which I have had the honour of proposing, the same love of country which, if I know myself, has actuated me; and the same desire of restoring harmony to the Union, which has prompted this effort. If we can forget for a moment-but that would be asking too much of human nature-if we could suffer, for one moment, party feelings and party causes-and and as I stand here before my God, I declare I have looked beyond those considerations, and regarded only the vast interests of this united people-I should hope that, under such feelings, and with such dispositions, we may advantageously proceed to the consideration of this bill, and heal, before they are yet bleeding, the wounds of our distracted country.

Mr. Clay concluded with asking leave to introduce his bill.

The oppor

once and for ever. tunity was not seized, but he hoped it was not passed. In the project now offered he could not see the elements of success. The time was not auspicious. But fourteen days remained of the session; and we had better wait the action of the house on the bill now before them, than, by taking up this new measure here, produce a cessation of their action. Was there not danger that the fourteen days would be exhausted in useless debate? Why twenty men, with a sufficiency of breath, for words they would not want, could annihilate the bill, though a majority in both houses were in favour of it. He objected, too, that the bill was a violation of the constitution, because the senate had no power to raise revenue. Two years ago the same senator made a proposition, which was rejected on this very ground. The offer, however, would not be useless; it would be attended with all the advantages which could follow its discussion here. We shall see it and take it into consideration as the offer of the manufacturers. The other party, as we are called, will view it as a scheme of diplomacy; not as their ultimatum, but as their first offer. But the bargain was all on one side. After they are defeated, and can no longer sustain a conflict, they come to make the best bargain they can. The senator from Kentucky says, the tariff is in danger: ay, sir, it is at its last gasp. It has received the immedicable wound-no hellebore can cure it. He con

Mr. Forsyth presumed, he said, that the motion for leave, in its present stage, was a subject of discussion; if so, he begged leave to say a word or two in opposition to it. The avowed object of the bill would meet with universal approbation. It was a project to harmonize the people; and it could have come from no better source than from the gentleman from Kentucky, for to no one were we more indebted than to him for the discord and discontent which agitate us. But a few months ago it was in the power of the gentleman, and those with whom he acted, to settle this question at

sidered the confession of the gentleman to be of immense importance. Yes, sir, the whole feeling of the country is opposed to the high protective system. The wily serpent that crept into our Eden, has been touched by the spear of Ithuriel. The senator is anxious to prevent the ruin which a sudden abolition of the system will produce. No one desires to inflict ruin upon the manufacturers; but suppose the southern people, having power to control the subject, should totally and suddenly abolish the system, what right would those have to complain who had combined to oppress the south? What has the tariff led us to already? From one end of the country to the other, it has produced evils which are worse than a thousand tariffs. The necessity of appealing now to fraternal feeling, shows that that feeling is not sleeping, but nearly extinguished. He opposed the introduction of the bill as a revenue measure, and upon it demanded the yeas and nays, which were ordered.

Mr. Smith, of Md., observed, that the bill was no cure at all for the evils complained of by the south. They wished to try the constitutionality of protecting duties. In this bill there was nothing but protection, from beginning to end. We had been told that if the bill passed with common consent, the system established by it would not be touched. But he had once been cheated in that way, and would not be cheated again. In 1816,

it was said the manufacturers would be satisfied with the protection afforded by the bill of that year, but in a few years after they came and insisted for more, and got more. After the first four years, an attempt would be made to repeal all the balance of this bill. He would go no farther than four years in prospective reduction. The reduction was on some articles too great. He would go no lower than 20 per cent. on cotton.

Mr. Holmes confessed that this was the first time but one that he ever heard an objection made to a motion of leave. Common courtesy required that any senator should have leave to introduce any bill he pleased. He did not know whether he should like the principles of this bill, but he would like to have it on the table, and see whether he would approve of it. As to punishment-the friends of protection would submit to none, for they had committed no crime. The cotton interest of the U. States had grown up under a protection of three cents a pound, which it had enjoyed since the year 1790; and since, by this crime, it had been protected enough, its friends were very willing to denounce protection. It was extraordinary that a proposition of reconciliation should not be received, and that the yeas and nays should be called upon it. When he reflected that this is a proposition intended as a peace-offering, and considered the manner of its reception, he almost wished that he had complied with the request of his con