SENATE.]

Revenue Collection Bill.

[JAN. 31, 1833.

barriers, and dependence on the people, are necessary; liberty, and property will vanish; the voice of the people that these additional auxiliaries consist in providing that will be stifled, until the evils shall accumulate beyond eneach department may have a will of its own, and that each durance; and then there would be no relief but in conbe invested with the constitutional means and personal vulsion, no remedy but in revolution. Such must be the motives to resist encroachments of the other depart- inevitable result of consolidating State and federal powers into one Government, extended over such a wide

ments.

The Federal Government is then represented as con- spread surface, so various in climate, productions, purtaining all the securities of a single republic, by the divi- suits, habits, and interests. One central Government, sions of the several classes of executive, judicial, and with general and defined powers of legislation, cannot legislative powers among the several distinct depart- diffuse the blessings of good order, security, responsibiliments; but, also, that by the division of powers between ty, and rational liberty, throughout such a vast territory. the State Governments and the Federal Government, each The State Governments are necessary parties and towers department will watch the others; each Government will of defence. have a tendency to control itself, and the different Governments will control each other; that this Federal Government will be doubly watched and controlled by the people and by the State Governments.

The letters of Publius do most explicitly explain that the State Governments were safeguards against the encroachments of the Federal Government, not only as be ing constituent parts, but by reason of having a will of their own; capable of watching, capable of directing their force, and having the control of the militia.

In the debates in the New York convention on the adoption of the federal constitution, Mr. Hamilton urged the same security against federal encroachment. He said: "The people have an obvious and powerful protection in their State Governments. Should any thing dangerous be attempted, these bodies of perpetual observation will be capable of forming and conducting plans of regular opposition. Can we believe the people's love of liberty will not, under the incitement of their legislative bodies, be roused into resistance, and the madness of tyranny be extinguished at a blow?"

The resolutions of Kentucky and Virginia, of 1798, and of Virginia at the session of the Legislature of 1799, concur in ascribing to the State Governments the rightful power to interpose to arrest dangerous usurpations by the Federal Government.

But we are providing by this bill to compel a State into submission; to exhibit the spectacle of a Government at war with itself. This power of compelling a State was proposed in the convention, and rejected. On the 15th June, 1787, Mr. Paterson, of New Jersey, submitted to the convention various resolutions. The eighth was, that the acts of the United States, and treaties, &c. "to be the supreme law," &c.

"And if any State, or any body of men in any State, shall oppose or prevent the carrying into execution such acts or treaties, the Federal Executive shall be authorized to call forth the powers of the confederated States, or so much thereof as may be necessary to enforce and compel an obedience to such acts, or an observance of such treaties."

On the 19th of June, this proposition (with the others submitted by Mr. Paterson,) was voted upon in Committee of the Whole, and negatived; seven States voting against it, and only three for it.

Here Mr. B. yielded the floor to

Mr. POINDEXTER, who moved that the Senate now adjourn. Yeas 11, nays 19.

So the Senate refused to adjourn.

Mr. BUCKNER then moved to postpone the further consideration of the bill, and to make it the special order of the day for to-morrow.

Senate. But if a gentleman yielded the floor for any other motion, he yielded the right to resume it.

Here it is convenient to remark that the report and re- Mr. WEBSTER rose to a point of order. The gentlesolutions of the Legislature of Virginia, of January, 1810, man from Kentucky had given way, in the usual manner, do not in the least conflict with the resolutions of Virgi-to a motion to adjourn. Such was the practice in the nia of 1798 and 1799, and Kentucky of 1798. Those of 1810 relate to a proposition from Pennsylvania to provide, by amendments to the constitution, for cases of conflicting decisions between the State courts and the federal courts. Those of 1798 and 1799 relate to deliberate and palpable usurpations by the Federal Government of the dangerous powers, other than those delegated.

Mr. POINDEXTER said, it must be apparent to the Senate that the question now before the Senate was one of the greatest importance. He had never before seen a disposition manifested by this body to refuse to a member an opportunity for rest and research in order to enable The inaugural address of Mr. Jefferson recommends himself to close his argument in a manner which would "the support of the State Governments in all their rights be satisfactory to himself and to the country. If the as the most competent administrators of our domestic Senator from Massachusetts were disposed to speak to concerns, and the bulwarks against anti-republican ten-the Senate for a week, he would always vote for adjourndencies." The letters of Publius, before the State con-ment when it was requested.

ventions convened; the explanation in the conventions, by The CHAIR decided that if a Senator yielded the floor the advocates of the proposed constitution; the resolu- for any other motion than a motion to adjourn, he lost the tions of Virginia and Kentucky of 1798 and 1799; and right to the floor.

the inaugural address of Mr. Jefferson, all concur in as- Mr. POINDEXTER then renewed the motion to adserting the rights of the State Governments to arrest and journ, and asked for the yeas and nays, which were orprevent the dangerous usurpations of the Federal Govern, dered. The question was then taken, and decided as follows:

ment.

Without these conservative principles, "these bodies of perpetual observation," the Federal Government would soon become the sole arbiter of its powers, with a faculty within itself to increase its powers and multiply its authorities without limit; to riot in irresponsibility, and dazzle by its splendor; to attract to itself all the powers of the State Governments, and, in its omnipotency, to grind the States into dust. Such a Government, overwhelmed by the multiplicity of its concerns, could not enter into the details of legislation. Large discretionary powers would be conferred on the Executive; in place of law, executive discretion must govern; security for life,

YEAS-Messrs. Benton, Bibb, Buckner, Calhoun, Clay, King, Mangum, Miller, Moore, Poindexter, Rives, Robinson, Tyler, White.-14.

NAYS.--Messrs. Chambers, Clayton, Dallas, Dickerson, Dudley, Foot, Frelinghuysen, Hendricks, Hill, Holmes, Kane, Knight, Robbins, Seymour, Silsbee, Tipton, Tomlinson, Webster, Wilkins, Wright.-20. So the Senate refused to adjourn.

Mr. BIBB then continued a few minutes longer, when he again gave way; and,

On motion of Mr. MANGUM,
The Senate adjourned.

FEB. 1, 1833.]

FRIDAY, FEBRUARY 1.

REVENUE COLLECTION BILL.

Revenue Collection Bill.

The Senate having resumed the consideration of the special order of the day, which was "a bill further to provide for the collection of duties on imports"-

[SENATE.

to legislative action on the tariff, the source of complaint and grievance to South Carolina; the fruitful source of discontents elsewhere. Let us see if there is not a speedier and more effectual mode by which the discontents of South Carolina may be healed, by which gladness and joy may be diffused throughout the United States, instead of the baleful gloom which must be excited by the horrid spectacle of a nation at war with itself.

If we make war upon South Carolina to put down her principles, we ought to be certain that those principles are bad, dangerous, and repugnant to those upon which the federal constitution is based.

Mr. BIBB resumed his argument. Shall we, said he, make war upon South Carolina? Shall we clothe the President with the power to proclaim war against one of the States of this Union? If so, for what cause? In a foreign war it is of the utmost importance that it be just; that it be the only, the last sad alternative between submission forever to grievous wrong, or a forcible redress. What are her principles? That in all questions touchBefore we authorize war with a member of the confede- ing her rights and powers not delegated to the Federal racy, we should look with yet greater caution to the jus- Government, she has a right to judge as to the usurpation, tice of our cause. We should consider well the cost of and as to the mode and measure of redress. Not that she the conflict, the probable consequences, and the final re- claims the right to arrest the execution of a lawful act of sult. Lord North's fatal delusion of prostrating America Congress, but that she has a right, within her jurisdiction, at his feet, his disregard of the just complaints of the to arrest an unlawful act of Congress; such an act as the colonies, his confidence in the British power, severed the constitution has not sanctioned; which is null and void, colonies from the mother country. Let us not, by a like because it was enacted by usurpation of powers not delefatal delusion, dissever this Union. Our policy to demand gated; unlawful, because the constitution is the supreme nothing but that which is just, and to submit to nothing law, higher than the Congress, overruling the acts of that is wrong, has given us unparalleled success in our Congress; unlawful, because the genius of the constitu-, wars and in our negotiations. The justice of our cause, tion, if consulted, pronounces it null and void. South our forbearance to seek justice by war until all other Carolina has said that the system of protection, engrafted means have been exhausted, have hitherto blessed us with upon the imposts, is a power never granted by her to the the smiles of Providence. Our tower of strength, our Federal Government. She says that the system of promonument of glory, will nod from on high, and totter to tecting manufacturers is unjust, and oppressive to the their fall, if we rashly and unjustly wage war upon a sister people of South Carolina, and destructive of their interState. Have we justice on our side? What are we to ests and happiness; moreover, the people of South Caroget by the war? Is war the only alternative? Why shall lina have said, that, if the Congress shall attempt to enwe go to war with South Carolina? She has adopted an force that protective system upon them by force of arms, ordinance, and passed certain legislative acts; and she has they will resume all the powers, rights, and prerogatives issued a manifesto, all aimed against the system of pro- of a sovereign State, independent of the Union. tection, cloaked under color of revenue.

Now, Mr. President, I wish it to be distinctly underFor years South Carolina and other States have remon- stood, that, whilst I concur in the doctrines of the Virginia strated against the system of protection as oppressive to and Kentucky resolutions of 1798, 1799, and 1800, I do them, and unwarranted by the constitution. Is South not mean to approve the time, manner, and occasion in Carolina right or wrong in demanding a reduction of the which South Carolina has applied them to practice. They tariff? Is not a reduction demanded by justice and expe- are great conservative principles, not to be carried into diency? Whilst gentlemen are thrusting at others with practical effect but on great and pressing emergencies, the authoritative doctrines of the President, as announced when all other means of staying the hand of lawless agin the proclamation and message, I interpose the shield of gression have been tried--unsuccessfully tried; and when the same high authority. The President, in his message war and revolution, in Governments differently organized at the opening of the session, and again in the message from ours, would be justifiable in the eyes of liberal, ento which this bill professes to be a response, has recom- lightened, and impartial men. These great conservative mended a reduction of the tariff as due to justice and powers and privileges, like all other powers, are liable to sound policy. Instead of complying with this, another abuse in the hands of indiscreet and heated partisans. part of the message is seized, and this bill is reported to But yet, as some great conservative power is necessary to execute injustice and oppression by the sword, the bayo- control the Government itself, to hold it in subjection to net, and the cannon. Can we expect our affairs to pros- the constitution, to keep it within the limits of delegated per under such a course? Can the Union stand this? power, I believe such regulating check more safely lodged Will the other Southern States, who are smarting under a in the whole body of a State--a whole nation of people; sense of the injustice and oppression of the tariff, remain and there less liable to abuse than if lodged in the hands inactive spectators of war and carnage perpetrated in of a few, and those few exposed to many temptations to such a cause? Can we expect that an overruling Provi-sanction the usurpations, as participators in the power dence will smile upon a war so begun, and so prosecuted, and emoluments of the usurpation. against a weak sister? We should recollect that justice Having been, I hope, sufficiently explicit to defend is an attribute of God himself. The principle is of divine myself against misrepresentation in these times of political origin and institution, immutable and eternal. Human excitement, by errors unintentional, committed in reportlaw and human force cannot convert injustice into justice.ing and relating what has been spoken, I shall proceed to Our armies and our navy are but as dust in the balance, defend South Carolina and the Union against the effects compared with the power of Omnipotence to execute the of the bill before us.

divine decrees of justice. Sooner or later, divine justice Mr. President, I ask to be informed when and where, will overtake and punish the guilt of nations. We have and by what instrument or act, South Carolina, or any cause to recollect that the race is not always to the swift, other State of this Union, has divested herself of the right nor the battle to the strong. There is an overruling to judge whether the great end and aim of adopting the power; a Providence which attempers the winds to the federal constitution has been attained? Of the right to shorn lamb. Let us turn our ears to the complaints of judge whether her undelegated powers have been usurpSouth Carolina. Let us hearken to the voice of reason. ed; whether the trustees and agents, intrusted with powers Let us not betray an unmanly passion, because a sister for one purpose, have abused and perverted them to has rebuked our power. Let us be just. Let us come another? Of the right, in cases of such abuse, usurpa

SENATE.]

Revenue Collection Bill.

[FEB. 1, 1833.

tion, and maladministration, to judge of the mode and they do, "in the name and on behalf of the people of manner of redress? How or when did South Carolina the State of Rhode Island and Providence Plantations," attempt to surrender, forever, for all generations to come, assent to and ratify the said constitution. the right to resist injustice and oppression, and engage the present and all future generations to the doctrines of non-resistance and passive obedience?

The State of Virginia, in their act of ratification, declared that the powers granted under the constitution are derived from the people, “ and may be resumed by them, An axiom is engrafted into many of our State constitu- whensoever the same shall be perverted to their injury tions, "that frequent recurrence to fundamental princi- or oppression;" "and that every power not granted reples is essential to the preservation of liberty." The de- mains with them, and at their will: that no right, of any claration has but too much truth; there is, I fear, great denomination, can be cancelled, abridged, restrained, or difficulty in getting men in power to hearken to the pre-modified by the Congress, by the Senate or the House of cept. There are certain rights, declared to be inherent Representatives, acting in any capacity, by the President, or and unalienable. In this, the bill of rights in State con- any department or officer of the United States, except stitutions, and the great declaration of all the colonies ad- in those instances in which power is given by the constidressed to the family of nations in 1776, will be found to tution for those purposes. agree. Mr. B. read from the declaration of independence as follows:

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

The State of South Carolina, by her act of ratification, used these words: "This convention doth also declare that no section or paragraph of the said constitution warrants a construction that the States do not retain every power not expressly relinquished by them, and vested in the General Government of the Union."

These ratifications, with the incorporated declarations of certain unalienable rights, and that all rights not delegated are retained, were accepted by the old Congress; and the new constitution was put into operation.

The great principles, that Governments are instituted for the happiness of the people, not for the pleasure of those who are intrusted with the administration of Government; that Governments derive their authority from It would be tedious to recite from. State constitutions the people, not that the people derive their rights and all the declarations in accordance with the great principles liberties from the grants and concessions of kings, princes, asserted by the thirteen States in the declaration of inde- potentates, or governors; that happiness and liberty pendence. All the American Governments are based are the ends and aim of Governments, not the shadows and upon these great principles of human liberty; the federal incidents; that the people may resume delegated powers, constitution itself is based upon them; they make a part and alter, reform, and abolish an instituted Government, of it. All its powers and authorities must be construed in subserviency to those unalienable rights.

when experience convinces that the end and aim, liberty and happiness, are not accomplished by means of the GovThe State of New York, in the very act by which she ernment instituted-are the lights which the American ratified the new constitution, did declare "that all power revolution held up to the world; which they have stampis originally vested in, and consequently derived from, the ed with authenticity; which they have proclaimed as axipeople, and that Government is instituted by them for oms. These principles make the foundations of all our their common interest, protection, and security." "That Governments and constitutions, State and federal. They the enjoyment of life, liberty, and the pursuit of happi- are the pillars of light to conduct the human race to libness, are essential rights, which every Government ought erty and to happiness. They are the sacred fires which to respect and preserve." "That the powers of Govern- cheer and illumine the temple of Liberty. ment may be resumed whensoever it shall become neces- I have demonstrated that the old form of Government, sary to their happiness; that every power, jurisdiction, instituted by the articles of confederation, was adopted by and right, which is not, by the said constitution, clearly States. I have demonstrated that the new form of Govdelegated to the Congress of the United States, or the ernment was proposed to the States: adopted by the peodepartments of the Government thereof, remains to the ple of the States, acting as separate communities, not as people of the several States, or to their respective State one mass, but each State ratifying for herself. I will now Governments." After enumerating various other rights, proceed to show that the present federal constitution is the act of ratification proceeds thus: "Under these im-founded upon the practical exercise of the principles of pressions, and declaring that the rights aforesaid cannot altering and reforming, and of resuming the powers be abridged or violated, and that the explanations aforesaid granted, so as to accommodate Government to the great are consistent with the said constitution," &c., the dele-ends of human happiness and security. gates do, "in the name and on behalf of the people of By the thirteenth article of the old constitution, it was the State of New York," assent to and ratify the said provided and declared: "The articles of this confederation shall be inviolably observed by every State, and the

constitution.

The State of Rhode Island, in her act of ratification, Union shall be perpetual; nor shall any alteration, at any incorporates these principles: "That there are certain time hereafter, be made in any of them, unless such alnatural rights, of which men, when they form a social teration be agreed to by a Congress of the United States, compact, cannot deprive or divest their posterity; among and be afterwards confirmed by the Legislatures of every which are the enjoyment of life and liberty, with the State." Nevertheless, the new constitution did declare means of acquiring, possessing, and protecting property, that "the ratification by the conventions of nine States and pursuing and obtaining happiness and safety." "That shall be sufficient for the establishment of this constituthe powers of Government may be re-assumed by the tion between the States so ratifying the same." As soon people, whensoever it shall become necessary to their as the ratifications of nine States had been certified, prohappiness." "That at all times the military should be in vision was made for electing the President and Vice Pres strict subordination to the civil power.' "Under these ident, Senators and Representatives. They were elected, impressions, and declaring that the rights aforesaid can- and the new Government was actually put into operation not be abridged or violated, and that the explanations on the first Wednesday in March, 1789, without the conaforesaid are consistent with the said constitution," &c., currence or consent of either North Carolina or Rhode

FEB. 1, 1833.]

Revenue Collection Bill.

[SENATE.

Island. Why was the thirteenth fundamental article of in theory and in fact, and brought into exercise by this the old confederation violated? Upon what principle very constitution.

could the ratification of nine States be sufficient to make The people of South Carolina, in their sovereign chara new Government, in direct contravention of the pro-acter, acting in convention, and in her Legislature, have vision that no alteration should be made but by the con- declared the protective system to be enacted by usurpafirmation of every State? How were North Carolina and tion of an undelegated power, unjust, and destructive of Rhode Island pushed out of the pale of the Union, without their interests and happiness. She acts upon the existtheir consent, by the ratification of nine States? How ence of the principles, that, in pursuit of happiness, "the can those acts be justified? Upon the great principles, powers of Government may be re-assumed by the people that the right is inherent and unalienable" to alter or to whensoever it shall become necessary;" that "men are abolish" any form of Government, when it becomes de- endowed by their Creator with certain unalienable rights; structive of the ends for which it was instituted; and that that, among these, are life, liberty, and the pursuit of happowers granted may be revoked and resumed for the like piness;" "to secure these rights Governments are institutcauses. The unalienable and indefeasible right of the ed among men, deriving their just powers from the conpeople of every community to make their Government sent of the governed; that, whenever any form of Govsubservient and conducive to their happiness justified the ernment becomes destructive of these ends, it is the substitution of the new, in place of the old compact. right of the people to alter or to abolish it." South CaroWhen any form of Government comes in conflict with the lina, as a State, and by her constituted authorities, deinherent and unalienable rights asserted in our declara- sires a reduction of the tariff; she declares the system detion of independence, those rights must prevail over the structive of their interests and happiness; if the Congress Government. attempt to enforce the tariff by military power, the people A Parliament of England once undertook for them- of South Carolina say they will re-assume the powers deleselves, the people, and for all posterity, to surrender their gated by them to the Federal Government. For this rights to the King. Posterity in England nullified that critical state of things, the Senate have two propositions: surrender. We, by our revolution and declaration of the one to modify the tariff so as to give peace and haprights, have put down the divine right of Kings; have re-piness; the other to authorize the employment of the arpudiated the doctrines of non-resistance and passive obe- my, navy, and militia, against South Carolina, to make dience; we have asserted the unalienable rights of man; war upon her people; to extort, by force of arms, subwe have declared that the right to mould the Government mission to a system destructive of their happiness. If we so as to consult and preserve his happiness, is inherent choose the former, we act in accordance with sound poliand unalienable; we have put to naught the claim of one cy, and pursue the end and aim for which Governments generation to bind other generations in all time to come. are instituted; if we choose the latter, we make war upon Are Governments for the dead or for the living? Who the principles contained in our declaration of indepenare to observe the springs and practical operations of Gov-dence, upon the unalienable rights of man. Should an ernment but the living? The dead feel not the wrongs American Senate long debate which of the two to choose? and oppressions of Government; they heed them not; "Has reason fled to brutish beasts?" Has avarice and they see not the defects and decays. selfishness supplanted patriotism and love of the Union? But, sir, is it possible that the people of the United Has power intoxicated its possessors? Was the declaraStates, who so well understood the difficulty of resisting tion of independence an idle rant? Have the sublime, the usurpations of power, who were so jealous of their self-evident truths announced in that declaration been liberties, who so well understood the rights of man, could changed, by political alchymy, into fiction and criminal have intended, by adopting the constitution, to surrender falsehood? forever the rights they had fought for and established at To my mind, South Carolina has acted rashly, presuch cost of blood and treasure? Did they attempt to fal- cipitantly. She was proceeding to an extreme before the sify the doctrines embodied in their declaration of inde- prospect of redress and conciliation was closed, before pendence? Did they intend to fall back to the doctrines the expectation of justice from the action of the Federal of non-resistance, to usurpation and injustice, and pledge Government should have ended in despair. I feel the themselves and posterity to passive obedience? No, no; better authorized to say so, because five other States, they did not so intend; their acts of ratification, their who have made common cause with her in remonstrating cautious declarations of first principles, their explanations, against the unconstitutionality, injustice, and oppression the amendments recommended and speedily adopted, all of the system, who profess the doctrines of the resolutions prove that they reserved all powers not delegated, and of Virginia and Kentucky of 1798 and 1799, have adhered to the rights of man proclaimed in their declara- yet hopes of a returning sense of justice and conciltion of independence, as being inborn and unalienable; iation in the Federal Legislature, and especially in the the very constitution itself, in its provisions, and the pro-body of the people of the States, whose representatives pelling power which gave it motion and action, asserted have hitherto prevented a reduction of the imposts to the and practised the right of the people of the States to re-just standard of revenue. To my mind, her legislative sume powers which had been theretofore delegated to the acts bear the impress of an overheated zeal, rather than confederated Government. that of cool collected judgment and discretion. It is due

And now, Mr. President, we are invited by this bill to to candor that I should say thus much in disapprobation make war upon South Carolina, a party to the old confed- of the proceedings of South Carolina. It is due, also, to eration, who became a party to the new constitution by the great conservative principles of State rights and an act of ratification, expressly declaring “that no section State interposition, to arrest the progress of usurpation, or paragraph of the said constitution warrants a construc- which I advocate. I desire, for myself, to take care that tion that the States do not retain every power not ex- this holy text shall receive no detriment in public opinion pressly relinquished by them, and vested in the General by the conduct of an humble disciple and true believer, Government of the Union." This war is to be waged, which might be if I should acknowledge bad works as because of the exercise, by South Carolina, of a right illustrations of the true faith. But if South Carolina has which she certainly had, as a State, before she adopted been rash, precipitate, and indiscreet, can those indiscrethis constitution; which right is not expressly relinquish- tions operate by way of an enlargement of the constitued by any part of the constitution; a right which is un- tion? Can they disengage and dissolve the obligations of alienable, which cannot be relinquished according to the justice due from the federal Union to South Carolina as a declaration of independence, and which was re-asserted member of that Union? If one individual hold an obliga

VOL. IX-20.

SENATE.]

Revenue Collection Bill.

[FEB. 1, 1833.

tion of debt upon another, and the creditor demands pay-mutual deference, conciliation, and compromise, our dif ment of the debt in an insolent and indiscreet manner, ferences were adjusted. In all these negotiations and foraccompanied by haughty threats, is the debtor thereby bearances we did but our duty. Nations are bound by a absolved from his bond? Does the importunate and in- moral code, by moral precepts, by the principles of nadiscreet address of South Carolina for a just reduction of tural justice. Individuals are moral beings, bound by the tariff cancel all obligations of justice due from the moral ties: in entering into social and political compacts, Federal Government to South Carolina and the people and dividing themselves into nations and States, they do of the other unoffending States? Shall we persist in re- not divest themselves of moral obligations. States and fusing to do justice, and seek to hide our iniquity in a war nations are but aggregated individuals. The great Author upon South Carolina? Shall she be punished for her pre-of all has bound nation to nation, State to State, potencipitancy, by a more precipitate, rash, and indiscreet war tate to potentate, individual to individual, by mutual relaupon her? If she has mistaken her measures of redress tions, mutual wants, and mutual obligations. Man is and relief against the oppressive enactments of the Gen-bound by his nature and Creator to be a moral and a social eral Government, shall we treat her with a rigor, precip-being. Justice and mercy are attributes of God himself. itancy, and haste, which is unusual in our intercourse Divine justice is administered with mercy through the with foreign nations? Shall we proceed to extremities Savior of mankind. Nations can no more escape and with a sister State if she is in error, without those prelim-absolve themselves from the moral element, from their inaries which would be due to a foreign nation? We have moral duties and obligations of justice and mercy, than treated the wrongs and aggressions committed by foreign they can escape from the natural elements of earth and nations with forbearance; we have negotiated with pa- air.

tience; we have trusted to a returning sense of justice,

All States, potentates, and sovereigns are bound by a and ultimate reparation. Having so treated foreign na- circle of morals, including the obligations of justice and tions, we had a right to expect similar forbearance mercy, reciprocally acting and reacting. War is the exon their part. Against Great Britain we had causes ercise of violence by sovereign command, and is an evil, of complaint for non-execution of the articles of the trea- come when it may; but it may be the choice of a lesser ty of 1783; we negotiated with forbearance, and never evil. Every sovereign is morally bound to avoid war by obtained a delivery of the military posts occupied within all reasonable precautions. If wrong be done by a soveour limits until after the treaty of 1794. Some subjects reign, he is bound to make reparation. This obligation of difference, growing out of the treaty of 1783, remain draws to it the rights to be informed of the extent of the unadjusted to this day. We agreed to submit a question injury, to be heard in explanation, and, in mutual conferas to a part of the boundary intended to be described and ence and negotiation, to adjust the nature and quantum of defined in that the treaty to the arbitrium of the King of reparation. A potentate who begins and prosecutes an ofthe Netherlands; he made his award; Great Britain was fensive war against another potentate, cannot be justified willing to abide the award; we refused, and proffered but by the concurrence of injury committed, and satisfurther negotiation. In so refusing, we acted upon these faction refused. Accordingly, wars are denominated just principles: or unjust, moral or immoral, civilized or savage, as these 1st. That in submitting the difference between us and ingredients of violated right, demand of reparation and Great Britain to the umpirage of the King of the Nether-refusal, shall have been observed, or neglected, or abused. lands, we had not conferred on him the sole and exclusive Duly regarding these sacred obligations to avoid war by power to judge of the extent of the power delegated. all reasonable efforts, the United States have been for2d. That, as a party, we had the right to judge for bearing, patient in negotiations, and always ready to acourselves whether the award exceeded the power dele-commodate. Even the mistaken insurgents of Pennsyl gated in the submission. vania were not pursued with violence by President Wash3d. That, in our judgment, the award was not obliga-ington until messengers of peace had been sent in vain; tory, because the arbitrator had exceeded the powers de- even the deluded victims of Spanish gold and Spanish inlegated, by making a new boundary, instead of deciding trigue in Kentucky were honored by a messenger to exwhat was the boundary intended by the description in the plain and quiet their discontents. treaty of 1783.

Why shall South Carolina be treated in a style and Under our example, South Carolina, as a party con- manner so totally variant from the usage of the Governcerned in the execution of the agreement between the ment towards foreign nations? She is a nation, a State. States to delegate certain limited powers, to form a more Yes, sir, a high-minded, chivalrous, gallant State, of perfect union, and amend their Government, claims, 1st. noble bearing in peace and in war. Her people are reThat, by the agreement, she did not confer on the Gen-nowned for valor and daring enterprise in two wars, eral Government the sole and exclusive power to judge famed for generosity, for intellectual and moral cultithe extent of the powers delegated and the powers not de-vation. She has contributed freely and generously in legated. 2d. That, as a party, she has the right to judge deeds and money, in times of war and of peace; she has for herself whether the power of protection to manufac- furnished her full proportion of talents, and learning, tures was delegated to the General Government, or re- and virtue to the departments of Government, State and served to the States. 3d. That the power of such pro- federal. Her errors lean to virtue's side. They spring tection was not delegated, but reserved; that the protec- from high intellectual cultivation; from a sense of justice; tive system exercised by Congress is a usurpation, and from a hatred to injustice and oppression; from that enthe act of Congress founded on such usurpation is not a thusiastic devotion to liberty which they have so often dislaw, not obligatory, but null and void. With Great played in council, and by flood and field. Britain, we proceeded by negotiation to obtain the deliv- Why shall we, who have been so patient and forbearing ery of posts withheld from us. For injuries, by impress- with foreign nations, be now so impatient and eager to ment of our seamen, for her attack on our frigate Chesa-rush into battle with a sister State? Has confidence of peake, and her aggressions on our commerce under her our strength, and of her weakness, sharpened our couorders in council, we negotiated with patience; we tried rage and blunted our sense of justice? embargo, and non-intercourse, and negotiation, until pa- We have been told that, whether force shall or shall tience was exhausted, and all hope of redress was extin-not be used, depends on South Carolina; that if she reguished, before we resorted to war. peals her ordinance and her laws, there will be no resort

With France, with Spain, with Sweden, with Naples, to force. This does not satisfy my judgment of our obliwe have waited with patience, and negotiated, until by gations of duty. By this bill, the destinies of the Union