SENATE.]

Revenue Collection Bill.

[FEB. 2, 1833.

This makes a plain case of law, involving a personal claim. [tive and Legislature. There was another class, which The merchant tells the collector that he cannot pay these was commingled with the greater interests of the whole duties. Why? Here is the law of the United States, says community; these they intrusted to the General Governthe collector, and I am bound to enforce it. That law ment, which was fully invested by the convention with has been nullified, replies the merchant; and here is the executive, judicial, and legislative powers. Both were ordinance of nullification, passed by some citizens of this clothed with sufficient power to protect and preserve the State who assembled the other day for that purpose. What general interests. Where was the want of harmony? will be the rejoinder of the officer? He will say, Sir, I The Legislature of South Carolina moved in her sphere; act under the authority of the United States, and you the Federal Government moved in its sphere. If either must pay the duty. The merchant insists, and pleads in attempt to traverse in the track of the other, the federal bar of the law the laws of South Carolina. Is there any judiciary is to check and bring back the one that enpolitical question here to which the jurisdiction of the Su-croaches. The system is as orderly and as melodious as preme Court does not extend? Where is the usurpation our planetary system, of which the sun is the centre. It in this case? On the part of the United States law, or is only when States, in their excessive jealousy, run a tilt this ordinance? against the laws, that disorder can ensue. It is only when

I have done, continued Mr. F., with this part of States, urged on by an aspiring ambition to thrust their the case. For the purpose of keeping all power in heads against the Federal Government, that the door is check, the judiciary was established. The framers of the opened for collisions. New Jersey was sovereign and inconstitution hoped to obtain, through it, a peaceful mode dependent as to the regulation of her own concerns; but for the adjustment of all constitutional questions. In a let her beware how she thrusts her head between the country of wider extent than all Europe, and embracing Federal Government and its obligations. It would be under one Government many distinct communities, they well for gentlemen to return to their homes, and take hoped to secure perpetual peace and tranquillity by this care how the State sovereignties again throw themselves arbiter of peace. Compare the operation of this peace- across the path of the federal powers. ful check with the resort to which Europe is accustomed for the preservation of the balance of power. Must we have the sword or the court as our arbiter? Europe has tried the sword, and has shed rivers of blood in the vain pursuit of the balance of power.

her arms.

Reference had been made by the gentleman from Kentucky to the opinions of Judge Marshall as a politician. He wished that gentleman to listen now to the language of the same distinguished individual, sitting as a judge. In either character he was entitled to be listened to with We rely upon the peaceful energies of our institutions. great respect. But he wished now to call the attention Europe on the thunder of her cannon and the clangor of of the gentleman from Kentucky to his opinions, deliverPoor Holland is about to pay dearly for this ed under more solemn circumstances, in his judicial adbalance of power. For two hundred years it has deluged ministration, acting under an obligation to prevent the Europe with blood. Here we have it in a peaceful tribu- encroachments of these sovereignties upon each other. nal, by which the tranquillity of the country and the safe- In a case brought before the Supreme Court, M'Culloch ty of our institutions may be preserved for years to come. vs. the State of Maryland, it was insisted in argument that Just and certain retribution will come upon those who de- this was a mere federal compact between the States as instroy this peaceful arbiter, and set up the sword in its dependent sovereigns. Such was the argument: in effect, stead. Here is the system, sir, as I understand it, as I that this was not a Government, but was to be regarded honor it, and as I, with my latest breath, will maintain it. as only a compact, with certain restricted powers. The I regard this system as by far the greatest political bless-argument then was precisely the same as it is now. There ing ever given by Providence to any people. To it I was a similar argument also as early as 1792, in 2d Dallas, trace all our happiness and prosperity. In this day of our when there arose a controversy about the powers of the highest prosperity, when our fountains are all full, and General and State Governments. It was then held that our streams running over, do not let a sister State rashly this was a compact between the States, and that the peooverturn the institutions which are the sources of our ple had nothing to do with it. The opinion given by happiness. How painful is the crisis which seeks dis- Judge Marshall in the case M'Culloch vs. the State of Maunion, and which would split us up into disgraced and ryland, was so powerful in argument, and disposed of in bleeding fragments. This nullification, if it prevail, will so able a manner, that he must be permitted to read the yet meet a tremendous retribution, in the execrations of following extract: all future times.

"In discussing this question, the counsel for the State Is not this, continued Mr. F., a plain question, whether of Maryland have decreed it of some importance in the the constitution confers the powers claimed upon the construction of the constitution, to consider that instruFederal Government? He cared not how it was framed; ment not as emanating from the people, but as the act of whether the States made it, or the people, in their prima- sovereign and independent States. The powers of the ry assemblies. How does the bond read? If that gives General Government, it has been said, are delegated by the power, it is enough; for the instrument was made by the States, who alone are truly sovereign, and must be competent authority. I cling to the bond with a Shy-exercised in subordination to the States, who alone poslock's grasp. I care not how it was executed: here is sess supreme dominion.

the seal affixed to it. I will exact the last tribute of pow- "It would be difficult to sustain this proposition. The er which this instrument confers upon the General Gov- convention which framed the constitution was, indeed,

ernment.

elected by the State Legislatures. But the instrument, It is, after all, continued Mr. F., a delegated power. I when it came from their hands, was a mere proposal, maintain that the people intended to act in the busi- without obligation or pretension to it. It was reported ness. There was no sovereignty about it, although learn- to the existing Congress of the United States, with a reed gentlemen were pleased to call this a political conven- quest that it might be submitted to a convention of detion among sovereignties. I maintain, that as we gave up legates, chosen in each State by the people thereof, under the old confederation, the people reverted to their primi- the recommendation of its Legislature, for their ratificative powers. They knew what they were about, when, tion.' This mode of proceeding was adopted, and by acting on their sovereignty, they clothed this Government the convention, by Congress, and by the State Legislawith power. There was one class of their interests tures, the instrument was submitted to the people. They which it was necessary to cherish and defend at home, acted upon it in the only manner in which they can act and this was committed to the care of their State Execu- safely, effectively, and wisely, on such a subject, by as

FEB. 2, 1833.]

Revenue Collection Bill.

[SENATE.

6

sembling in convention. It is true, they assembled in parts. But this question is not left to mere reason; the their several States; and where else should they have people have, in express terms, decided it, by saying, this assembled? No political dreamer was ever wild enough constitution, and the laws of the United States which to think of breaking down the lines which separate the shall be made in pursuance thereof, shall be the suStates, and of compounding the American people into preme law of the land; and by requiring that the memone common mass. Of consequence, when they act, they bers of the State Legislatures, and the officers of the act in their States. But the measures they adopt do not, executive and judicial departments of the States, shall on that account, cease to be the measures of the people take the oath of fidelity to it. themselves, or become the measures of the State Governments.

"The Government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the constitution, form the supreme law of the land, any thing in the constitution or laws of any State to the contrary notwithstanding.'

"From these conventions the constitution derives its whole authority. The Government proceeds directly from the people; is ordained and established,' in the name of the people; and is declared to be ordained in "It is the Government of all; its powers are delegated order to form a more perfect union, establish justice, by all; it represents all, and acts for all." If these preensure domestic tranquillity, and secure the blessings of mises are correct, the conclusion cannot be resisted withliberty to themselves and their posterity.' The assent out a violation of common sense. How is the General of the States, in their sovereign' capacity, is implied in Government to take care of the interests of all? How is calling a convention, and thus submitting that instrument the Government to take care of the interests of thirteen to the people. But the people were at perfect liberty to millions of people, unless its administration can be felt accept or reject it; and their act was final. It required over that extent of population? It was not to be wondered not the affirmance, and could not be negatived by the at, if the Chief Justice said that the proposition comState Governments. The constitution, when thus adopt-manded universal assent; that, within its enumerated ed, was of complete obligation, and bound the State sove-powers, the Federal Government was supreme. One can reignties. hardly turn to a page of the constitution without seeing

"It has been said, that the people had already surren- that this has always been regarded as one nation. As a dered all their powers to the State sovereignties, and had matter of fact, he thought it was deeply to be deplored nothing more to give. But surely the question whether that, in the face of the world, it should be declared on they may resume and modify the powers granted to the this floor that we are no Government. He had always Government does not remain to be settled in this country.supposed that the name of American citizen was a passMuch more might the legitimacy of the General Govern- port over the world, and that a man needed no better ment be doubted, had it been created by the States. The passport to ensure him respect. Yet he had now to learn powers delegated to the State sovereignties were to be that this was all a mistake, and this Government was exercised by themselves, not by a distinct and indepen- merely an ignis fatuus, existing only by the light which it dent sovereignty created by themselves. To the forma- borrowed from the State Governments. tion of a league, such as was the confederation, the State The constitution declares that "the citizens of each sovereignties were certainly competent. But, when in State shall be entitled to all privileges and immunities of order to form a more perfect union,' it was deemed ne-citizens in the several States." A citizen of New Jersey cessary to change this alliance into an effective Govern- is thus a citizen of all the United States; and wherever ment, possessing great and sovereign powers, and acting he may sojourn or abide throughout the whole confededirectly on the people, the necessity of referring it to the racy, he has the privilege of the citizen of the State and people, and of deriving its powers directly from them, of the United States. How can the interests of the States was felt and acknowledged by all. and of the United States be more commingled than by this clause in the constitution?

"The Government of the Union, then, (whatever may be the influence of this fact on this case,) is emphatically and truly a Government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.

Congress has passed laws of naturalization. The foreigner who comes hither is naturalized under these laws, and is admitted to the privileges of a citizen of one State and of all the United States. Yet this is to be regarded as no Government; is to be held as liable to be "This Government is acknowledged by all to be one of put down whenever the States shall choose to recall their enumerated powers. The principle that it can exercise delegated powers. If Congress were to attempt to vote only the powers granted to it, would seem too apparent up such an abstraction, the people would vote it down to have required to be enforced by all those arguments just as fast as it was sent out to them. which its enlightened friends, while it was depending be- Having arranged these premises, he would come now to fore the people, found it necessary to urge. That princi- consider the bill itself. This bill had been severely atple is now universally adınitted. But the question re- tacked, by calling it hard names. The gentlemen on the specting the extent of the powers actually granted is other side, not contented with calling it a bill worse than perpetually arising, and will probably continue to arise as an abomination, a bill to repeal the constitution, to erect long as our system shall exist.

In discussing these questions, the conflicting powers of the General and State Governments must be brought into view; and the supremacy of their respective laws, when they are in opposition, must be settled.

a military despotism, to create a dictator, had yesterday called it a Boston port bill, a riot act, a prison-ship bill, &c. Every appellation which could be devised to make the bill odious had been heaped upon it. He would adopt no such mode of warfare. He would use no such weapons; "If any one proposition could command the universal and if they were offered to him, he would request that assent of mankind, we might expect it would be this: that the persons who might offer them would take them away the Government of the Union, though limited in its pow- from him. The people of the United States have become ers, is supreme within its sphere of action. This would so enlightened now that they will require arguments of seem to result necessarily from its nature. It is the Gov- sounder stuff than hard words to work convictions in their ernment of all; its powers are delegated by all; it repre- minds. They have too far advanced, and if gentlemen sents all, and acts for all. Though any one State may be do not quicken their speed, the constituents will soon go willing to control its operations, no State is willing to allow ahead of their representatives in the science of politics, others to control them. The nation, on those subjects on and leave them far behind in the wilderness. Such an which it can act, must necessarily bind its component array of names would not carry a question even in a town

SENATE.]

Revenue Collection Bill.

[FEB. 2, 1833.

meeting. It would not excite an emotion even in an as-sible to estimate the force against which it would have to semblage of five hundred citizens out of the thirteen be employed. There were also other laws to which he millions which compose our population. So much for the might refer the Senate; the law of 1790; of 1795, aunomenclature. It had been said that, to pass this bill thorizing the President to call out the militia to execute would be conferring extraordinary powers on the Execu- the laws, to suppress insurrections, &c.; of 1807, simliar tive. The gentleman from Pennsylvania had informed in its character, authorizing the calling out of the militia, the Senate, the other day, that with the exception of a and such part of the naval and military force as might be single clause in the first section, it was perfectly familiar necessary, in case of insurrections or obstructions of the to our legislation. laws. The Senate would remember the intercourse bill of He would ask, then, if those were not groundless fears 1802, regulating our trade with the Indians. That bill which would restrain gentlemen from again confiding contained a clause to this effect: "and it shall moreover such powers to the President, who is made by the constibe lawful for the President of the United States to take tution commander-in-chief, and is required by another such measures, and employ such military force, as he may clause to see that the laws are faithfully executed. Who deem necessary to remove from the lands of the Indian was to be trusted, if he could not? Who was to be trusttribes any persons who have made, or may make, settle-ed, if not the President? Who would execute the power ment thereon." "Employ such military force," &c. Here under his responsibility to Congress? Gentlemen could Congress delegated the power to employ the force, and not terrify him with the cry of despotism. Why, if it left it to the discretion of the Chief Magistrate to fix the were now to be put to decide whether he would have a amount of force necessary, and to employ that force in despotism controlled by law, or a despotism without law, such manner as he should deem best to drive off the or in defiance of law, he should prefer the first. He settlers from their lands, whether they were situated in would prefer the despotism of law to the despotism of South Carolina or in Tennessee, or in any other State. nullification. He would discard the despotism of a fracHere was a plain duty to be performed. A treaty had tion, of a small portion of this federal community, and been made with the Indians, and to fulfil this treaty the would run in the broad path marked out by the constitulaw was passed. This law stands unrepealed in the statute tion, where, if he met danger, he should be supported book, and has been frequently enforced without causing by his conscience, and by the virtue of the country. It any excitement. Whenever it was necessary to employ was a singular argument to say, take care you do not force, the President had left it to the officer to determine create a despotism, and, at the same time, as the gentlewhat force was necessary to give sufficient strength to the man from Kentucky had said, take care how you make Executive arm to effect the object. This was not an un-war on South Carolina. Who makes war on South Caroadvised discretion. In these emergencies, it was impossi-lina? Who meditates war? If there is to be a war, she ble for Congress to know the strength of the intruding will make it herself. It will be her own hand which will families, and, consequently, to apportion the adequate lay the axe to the root of her prosperity. What have force. General Washington, on one occasion, sent a mes- we done? We have passed a law operating on her, as sage to Congress, stating that five hundred families had well as on all the other States. What else have we done? intruded, and asking Congress if he should use military The coat he wore was one on which he paid a duty to the power to expel them? They unanimously answered, yes; treasury. And she would make war rather than submit and referred the message back to him. The Executive to pay this tax common with the rest of the Union. He must use power. The Congress of that day was not submitted that all the features of the bill were defensive distracted by fears on the subject, and why should we? in their character, and not warlike in any one of their Why should we, when our laws are counteracted, and attitudes. Instead of making war by brute force, the bill when we are told that our efforts to collect the revenue was only intended to come in to the aid of law, to enforce in South Carolina shall be resisted, and put down by the the laws, and to make them respected; to make the State interposition of her civil and military power? What was of South Carolina obey the law. He would proceed to to be done, when our authority was thus defied? were we prove this. to sit still and do nothing? Surely, even the gentlemen The first section of the act provides for the removal of on the other side would not advise this course. The Pre- the custom-house. He hoped that gentlemen would be sident has told us that it is impracticable to execute the just to the motives of the Executive. There had been laws without further aid from Congress. many fulminations against the President for this clause. In his message he recommends the removal of the customhouse with a view to prevent collisions. What says the message?

The measures proposed by the bill are revenue measures. Looking at them in this view, he referred the Senate to the act to provide for the better security of the duties imposed on foreign goods, by which the President "There would certainly be fewer difficulties, and less was authorized to cause to be built and equipped twelve opportunity of a direct collision between the officers of revenue cutters, &c. Here twelve revenue cutters were the United States and of the States, and the collection of authorized to be armed and equipped, and, at the discre- the revenue would be more effectually secured, (if, intion of the President, to be used for collecting the reve-deed, it can be done in any other way,) by placing the But there was another provision in this bill, which custom-house beyond the immediate power of the was of great importance. In case any vessel should not county."

nue.

bring to, on being summoned, after hoisting the pennant, The motives of the President, therefore, were pacific. and firing a gun, it was made lawful for the cutter to fire It was to prevent collisions that he advised the removal into such vessel. Here, then, was a tremendous power of the custom-house. If, in an unhappy hour, South given to the President; to arm and equip twelve cutters, Carolina should push her State sovereignty to the dreadand to authorize the officer commanding a cutter, if a ful emergency of opposing resistance to the officers of merchant vessel refused to come to when hailed with all the United States, the President suggests, in order to the accustomed formalities, to discharge his whole artil- avoid this contingency, the removal of the custom-house. lery into the bosom of the vessel. What was this? It was Was this the conduct of a tyrant? Was this a course inmaking war on our citizens quite as efficiently as can be dicating a disposition to hurry the country to the verge of done under any of the clauses in this bill. Merchant ves- a precipice? Nothing like it. If this was a question with sels are not armed, therefore the number of cutters was a foreign Government, policy would forbid this conces limited. In the bill concerning the Indian lands there sion, and would require that we should keep the customcould be no limitation of power, because it was impos- house where it is, and stand by it there. With a foreign

FEB. 2, 1833.]

Revenue Collection Bill.

[SENATE.

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

How has New Jersey acted in similar circumstances? She is one of the sovereignties: a little sovereignty, I admit, among all these great sovereignties, and not to be named with the others. She had a controversy. Her Legislature took a course not warranted by the constitution. It was brought here to the Supreme Court, and that court put down the legislation of the State, and all the people submitted at once, as they ought, to the decision. Maryland, too, has had her controversy, and has submitted. Pennsylvania resisted the Federal Government, alThe next clause gives jurisdiction to the circuit court of most to the point of the bayonet; yet, to her immortal honthe United States for the purposes specified. It was alto- or, she also submitted, rejected the misguiding councils gether defensive in its character. Mr. F. made various by which she had been led into error, and returned to her references to the ordinance and the replevin act of South duty. Old Virginia, too, the Ancient Dominion, whose Carolina, to show the necessity for this section. independence is sung from east to west, she opposed herThe third section of the bill was defensive. It transfers self to the General Government, and she also submitted. jurisdiction from the State courts to those of the United Now, South Carolina has set up her ordinances and laws States, and was intended by a judicial course to counter-against those of the United States, and puts herself in an act the policy of South Carolina. He could not help attitude of defiance; and, assuming the post of a creator, here remarking, that the judicial policy adopted by South points down below to the creature called the Supreme Carolina was the most extraordinary he ever had seen. It Court, refuses to permit that court to interfere, insists on had no parallel. It had become indispensable to protect the Supreme Court going to her courts, and will not even the United States' officers. What does South Carolina permit us to go to her tribunals until she has sworn all do? She professes her willingness to meet this question the judges and jurors to decide one way. Gentlemen, afon great judicial principles. We are willing to meet her ter all this, talk of despotism. Why, there is a despotism on that ground, and let her have a fair chance. We have never before heard of at this moment now operating in our judiciary, and we are willing to meet her there and the State of South Carolina, where that noble, independ

ent, brave, and honorable body of men, the Union party, are subjected to the most cruel proscription.

[FEB. 2, 1833.

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

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

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

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