FEB. 18, 1833.] Revenue Collection Bill. [SENATE. Moore, Naudain, Poindexter, Robbins, Ruggles, Tyler, resulting from the act should fall at the expiration of the Waggaman-18. act. NAYS.-Messrs. Bell, Benton, Black, Buckner, Clay, Mr. CHAMBERS could see no inconvenience resulting Dallas, Dickerson, Dudley, Ewing, Forsyth, Frelinghuy- from the amendment. Its effect was to limit the operasen, Grundy, Hendricks, Hill, Kane, Prentiss, Rives, tion of the whole law to one year. There were some Robinson, Seymour, Silsbee, Sprague, Smith, Tipton, provisions in the bill which he should be glad to see made Tomlinson, White, Wilkins, Wright-27. permanent law. So the motion to lay on the table was negatived. REVENUE COLLECTION BILL. Mr. FORSYTH: That can be done hereafter. Mr. WILKINS said the committee were of the opinion that all the provisions, except the first and fifth sections, ought to be engrafted on our judiciary system. The case of the refusal of a clerk of a State court to furnish a copy of the record had twice occurred, and had not been provided for, except by this bill. The The Senate then proceeded to consider the bill to provide further for the collection of the duties on imports. Mr. POINDEXTER, who was entitled to the floor, rose and said he was compelled to decline any participation in the debate at this time, on account of the state of Mr. MANGUM was in favor of the amendment. his health. If the subject should be postponed, he hoped provisions, if found beneficial, could be re-enacted hereto be able at another time to address the Senate in rela- after. tion to it. The CHAIR having stated the question to be "Shall this bill be ordered to be engrossed and read a third time?" Mr. KANE suggested a modification of the amendment, so as to extend it to the limitation of all suits arising under the act, which shall be pending at its expiration. Mr. FORSYTH accepted the modification. He did not Mr. CALHOUN said he had not anticipated this ques- look at the propriety or impropriety of other provisions tion for this morning. When it was put, he hoped there of the bill, as a permanent and general measure. He would be a full Senate. He moved the postponement of viewed them only as applicable to a particular state of the further consideration of the bill till to-morrow. things. He did not like the judicial provisions. They Mr. FORSYTH hoped the postponement would not were more objectionable than the military provisions, in take place, as the session was drawing to a close. He his opinion. had a desire to address the Senate on the question before Mr. WEBSTER briefly noticed the effects of this it, but was not disposed to do it to-day. He had come amendment. The provisions of the bill, which it was now here this morning, expecting to hear the honorable proposed to limit, were the judicial processes intended Senator from Mississippi. He would suggest that, if no to counteract those of the State of South Carolina. The additional amendments were to be offered, the bill should provisions of that State were permanent in their characbe passed to a third reading, and discussed on its passage. Mr. CALHOUN: The third reading of a bill, as the Senator knows, is the most trying question. Having a solemn conviction of the importance of the question, I wish it to be taken in full Senate. Among the absentees is the colleague of the Senator from Georgia, whose high character in the United States, and great influence in his own State, render it desirable that his vote should be given on the question. ter; and if the provisions of this bill were to be limited, after the expiration of that limit there would be no remedy in existence against the measures of the State. He was quite willing that the sections placing in the hands of the Executive the military force should be limited to the_termination of the next session; but the proceedings of the courts, intended to countervail those of the courts of South Carolina, ought not to be limited, as the provisions of South Carolina were unlimited. To limit these provisions to a single year, would be to defeat the object altogether, as there are certain proceedings to which they refer which cannot arise within the year. The bill would always be within the reach of Congress, to amend or repeal whenever it might be deemed proper so to do. If Mr. FORSYTH said the absence of his colleague did any limitation were to be fixed, he would prefer to make not render necessary any delay in the action of the Senate. it for a longer period. He desired to see these judiHe would be here as soon as he was notified that the cial provisions established as a part of our permanent question was to be taken. He wished to delay his re-system; and he believed that, had such been the case bemarks on the bill until it was ascertained whether it was fore, this contingency would never have occurred. to pass the Senate. He wished to speak of it as a law hoped the amendment would not prevail. which was to go to the people. Mr. SMITH said it was true that the principle of a bill was tested on the third reading. If no further amendments were to be offered, then, on the third reading, the principle of the bill comes up. Mr. CALHOUN had no other object, he said, than to procure a full discussion of the measure, and he regretted the inability of the Senator from Mississippi to proceed at present. If any gentleman wished to offer an amendment, or to address the Senate, he would withdraw his motion to postpone. He Mr. CALHOUN asked if he had understood the Senator from Georgia as stating that his colleague had acquiesced in the judicial provisions of the bill? He said that he should vote for this amendment; but he believed that every part of the bill was a violation of the constitution, and that it was all throughout liable to the strongest objections. The motion having been withdrawn, Mr. FORSYTH said that what he understood, was, that Mr. FORSYTH moved to amend the bill, by adding the Senator from South Carolina had principally objected certain words to the last section of the bill, and striking to the provisions of the bill which were most directly warout the words "first and fifth sections" therefrom. The like in their character, and had regarded the provisions object and effect of this amendment was to limit the exist-providing for countervailing civil process as less odious. ence of the entire act to the end of the next session of He regarded the objections of the Senator from MassachuCongress, instead of limiting the existence of the first and setts as applicable as well to the other provisions of the fifth sections only. He regarded the measure merely as bill as those now under consideration. For himself, he one intended to meet a certain exigency, which he hoped would soon pass away. He asked for the yeas and nays, which were ordered. Mr. POINDEXTER, being opposed to the entire bill, could not assent to the amendment. He objected to the amendment, that it did not go far enough. All the suits did not wish to view the bill, in any of its provisions, as a permanent measure. He had no desire to blend it into the permanent judicial system of the country. If it should ever be the desire of Congress so to blend it, he wished that it might be done at a time when no such topics should present themselves as were now so prominent in every SENATE.] Revenue Collection Bill. [FEB 18, 1833. Senator's mind, and then the subject could be calmly and seen that, in this bill, the President had the power to indeliberately discussed. The question was then taken on the amendment, and decided as follows: YEAS.-Messrs. Benton, Bibb, Black, Calhoun, Dickerson, Forsyth, Hill, Kane, King, Mangum, Miller, Moore, Rives, Smith, Tyler, Waggaman, White, Wright-18. NAYS.-Messrs. Bell, Chambers, Clay, Clayton, Dallas, Dudley, Ewing, Foot, Frelinghuysen, Grundy, Hendricks, Holmes, Johnston, Knight, Naudain, Prentiss, Poindexter, Robbins, Robinson, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins--26. terrupt the civil process of the State courts. Did the Senator suppose that the State of South Carolina would acquiesce in this interruption? No. If the President had the power to interrupt the process, he would also have the power to close the courts, and to close the hall of legislation. He might treat the Legislature as a lawless assemblage; and what course could be then left to the State but resistance? She would be forced into resistance. Yes, she would be thus compelled to resist. But the question of time was a far different question. He thanked God that this question was in other hands to decide. South Mr. POINDEXTER then rose and stated that it must Carolina, in deciding this question, would make the issue be evident that, to carry into effect the provisions of the with a deliberate judgment, but with irresistible firmness. bill, some appropriation was necessary. The bill author- He was amazed at the course which had been taken. ized the calling into operation the military force of the The provisions of this bill went beyond any thing he could country, but provided no means for defraying the ex- have conceived. He would reverse the argument of the penses. The constitution had prohibited the withdrawal Senator from Tennessee, and say there could be no colliof any money from the treasury, unless under an appro- sion unless it proceeded from the conduct of the General priation by law. The Senate was now about to employ Government. the army and navy to carry into effect the provisions of Mr. SMITH referred to the course which had been the bill, and the President ought to be limited in the ex- pursued in reference to the dispute with Pennsylvania, penditures for this purpose. He concluded with moving when similar powers were vested in the President, and to amend the bill by inserting a new section, providing the military force was called out. An appropriation was that, for the purpose of carrying into effect the provisions made at the following session to defray the expenditures of this bill, the sum of - Collars shall be, and is hereby appropriated. Mr. GRUNDY expressed a hope that the gentleman from Mississippi would fill up the blank with some sum. Mr. POINDEXTER said he would leave that to the Committee on the Judiciary. Mr. GRUNDY said the Judiciary Committee wanted no money; but, if the gentleman from Mississippi was disposed to grant an appropriation, it would be agreeable to the committee to know what amount he was willing to give. caused by that disturbance. He did not apprehend the occurrence of any war. He believed that the very first section of the bill put it out of the power of South Carolina to go to war. There could be no fighting, as a sufficient guard was provided against the State of South Carolina getting hold of any property which could produce such an evil. On motion of Mr. POINDEXTER, the yeas and nays were ordered on this question. The question was then taken, and decided as follows: YEAS.-Messrs. Bibb, Calhoun, Mangum, Moore, Poindexter--5. NAYS.--Messrs. Bell, Benton, Black, Buckner, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane, King, Knight, Miller, Naudain, Prentiss, Rives, Robbins, Robinson, Ruggles, Seymour, Silsbee, Smith, Sprague, Tipton, Tomlinson, Tyler, Waggaman, Webster, Wilkins, White, Wright-41. Mr. CALHOUN expressed his surprise at the course of the gentleman from Tennessee. Did that gentleman mean to say that no money would be required for the purposes of the bill? The fact must be apparent, that no appropriation is a universal appropriation. The President would be able to take from the treasury what he pleased, and Congress and the people would be pledged to replace it in the treasury. He was surprised at this course. It belonged to those who had introduced and who advo- Mr. BIBB then moved to amend the bill by adding a cated this bill to say what amount of money would be section limiting the expenditure to three millions. And required. It did not belong to the Senator from Missis-on this question the yeas and nays were ordered. sippi. If the Senate intended to give the sword to the Mr. FORSYTH commenced a series of cbservations on President, they ought not to give him the purse also. He this motion, which he continued until three o'clock. His looked upon this as one of the most arbitrary of all the argument, commencing with the precise motion before provisions of this most arbitrary bill. the Senate, gradually expanded into a view of the whole subject under debate. Before he concluded- At 3 o'clock, the Senate, according to its new rule, adjourned, to meet again at 5. Mr. WILKINS gave notice that he should, at the evening session, unless some gentleman was anxious to make some observations, urge the question on the engrossment of the bill. EVENING SESSION. Mr. GRUNDY stated that the Senator from South Carolina was more competent than any other person to determine whether or not there would be any necessity for the employment of force. If the authorities of the State of South Carolina should offer resistance to the laws, then would arise the necessity for the employment of force. But he was of opinion that, unless it was produced by the act of South Carolina, there would be no collision; and no expenditure would be necessary, unless there should be collision. The committee hoped Mr. FORSYTH resumed. As regarded the exciting that no such collision would arise; but, if it should, pro-question of nullification, that doctrine he held was unvision could be made for the expenditure by the next tenable. No individual State possessed the right of nulliCongress. fication from any sovereignty residing in her. SovereignMr. CALHOUN said that the whole of this business ty, he contended, did not exist in the States, separately indicated an unsoundness of legislation. The bare possi- or individually, since the Union. Since that period, it bility of a collision ought to be deemed sufficient to induce resided in the United States as a whole; and by them the committee to make the appropriation. Unsound le- alone could it be exercised, and in the mode defined by gislation! He had never seen any instance of a nation the constitution. Much ingenuity had been called forth hurrying so rapidly towards a state of despotism. The in support of nullification; but mystify it as they pleased, gentleman had said that there would be no expenditure it could not stand the test of argument. The doctrine unless resistance should be commenced by South Carolina. was preposterous; it was a mere web of sophism and What did the Senator mean by resistance? It would be casuistry. And the arguments in its favor, if analyzed, FEB. 18, 1833.] Revenue Collection Bill. [SENATE. and put through the alembic, would result in the double to whom it had fallen, the possession was forfeited. Geordistilled essence of nonsense. But, having thus denounc- gia had no interest in the affair, but to exact the pered nullification, he would admit that the position which formance of a solemn contract. South Carolina had taken had served one good purpose, Sir, the distinguishing difference between Georgia and that of opening the eyes of the country to the injustice South Carolina is this: in virtue of a compact Georgia done to the South by an odious and oppressive tariff. As was the rightful owner of the property, for which she regarded the tariff, the whole South were with South contended. She did not interfere to interrupt the laws Carolina, in the general principle of resistance to it; but of Congress; but she relied on her own contract, a conthey differed from her in the mode which she had thought tract with her equal. The Georgia controversy was of fit to adopt. But if the tariff was odious, and must finally a peculiar character, and might last a hundred years, be put an end to, neither could the course of South without interrupting the laws, or disturbing the peace of Carolina be defended, or tolerated, with safety to the the country. If the question had ultimately gone to the Union. He looked forward in anticipation to the period Supreme Court, and that court had decided against us, in as nigh at hand, when the protective system must expire, the last extremity, the President might have called on and, in like manner, when nullification would sink into military force to execute its decree. But it would be for the grave. He hoped soon to see them buried in the him to decide whether or not he should do it. Sir, I do same tomb; and willingly would he then pronounce their not dive into the policy of the President; but I know one funeral oration, and inscribe on their monument the epi- thing: I am confident he would not have resorted to force taph--"requiescat in pace." without necessity. I saw a variety of ways in which the Mr. F. then proceeded to defend the course which matter might be settled without such necessity. In the Georgia had taken relative to the missionaries and the extremity of the contest with the Cherokees, the language Cherokees, contending that there was nothing analogous of the President might have been this, in case the great in it to that of South Carolina. Alluding to the imprison-question in the Supreme Court had been decided against ment of the missionaries, he thus continued his remarks: us: I ask you now, Governor of the State of Georgia, in The character of a minister of the gospel is most re- order to prevent further trouble, to turn these Cherokees spectable, who, for the welfare of men, gives up the in- out of doors. terests and the objects of earth. He is the object of the It is very important, Mr. President, in all questions in greatest respect. To me he is an object of envy. I a Government like ours, particularly in discussions in a never see such a man without feeling my own worthless-body like this Senate, that justice should be done to the moThere is something divine in his pursuits. Behold tives of every body; and I hope, therefore, I shall be ex ness. him sitting "Beside the bed where parting life was laid, With sorrow, guilt, and fear, by turns dismayed, cused. I have seen, here and elsewhere, a disposition to liken us to colonies. Gentlemen look forward to another revolution. Sir, there is a contrast, but not a resemblance. When colonies, we did not complain that we were oppressed by a tax, but that we were taxed, and Comfort came down, the trembling wretch to raise, not represented. We believed that it was the right of And his last faltering accents whisper'd praise." our own legislative bodies to impose taxes. Sir, is this Such a man partakes of that divine nature, that came the complaint of South Carolina? It is of a different among men to spread the doctrines and sentiments of character. Their complaint is not that they are not repeace. But the man of the opposite character, who presented, but that they have not a sufficient influence; mixes politics with religion; who relies on the world, while that here they are heard, but not heeded; that it is in vain he professes to live above it; who covers with a cloak of to reason and remonstrate; it is all an empty mockery. hypocrisy his ambition and avarice, no language could They have their full share of talent, but their voice is not express what every man should feel in view of such a heard. Sir, I am sure this is not true; it is founded on an man: to me he is the object of extreme abhorrence. assumption that a great majority of the people of the Sir, the State of Georgia warred in a contest, not United States are interested in maintaining the protective against justice and religion, but against craft and hypo- system. I hope it is not true that they are so interested; crisy. The subject of dispute did not relate to human but the business of protection, even if it fail now, will be rights, but to the rights of citizens of the United States. resumed, if the majority of the people are satisfied that The citizens of the United States had no common bond it is for the happiness and interest of the majority. The of justice to individuals and the State. I hope this liberty doctrine, as it is now regarded in the Senate, makes me was reserved to the families whom they voluntarily aban- believe that it is not for the interest of the majority, but doned. I hope they had a consciousness of being in the prejudicial to the United States. The whole burden is, right. But we may look back on this affair with no other that the many may be taxed for the benefit of the few, emotion than that of self-respect. It was mixed with composing a very small portion of the community. There politics. We struggled, not against the United States, is a great contrast, and we could fear nothing, but for but a meddling priesthood. It has been said in the Senate, what South Carolina admits she has done. and every where else, that Georgia wished to grasp the Sir, this bill has been likened to the Boston port bill, possessions of the Cherokees; that South Carolina beat which was adopted in consequence of throwing the tea the bush, but Georgia got the bird. Sir, nothing is more overboard. Sir, is it intended to operate to the injury of untrue. Sir, the property was ours by all the principles Charleston, for the benefit of another port? It is quite of right and justice. There was an incumbrance on our the reverse. It is the object to keep the custom-house in rights which required to be removed. All deemed it Charleston, and that its advantages shall be enjoyed by necessary to remove it. This was a duty not belonging Charleston. Here, too, is a contrast between the case of to us, but to the United States. Government had pro- the colonies and that of South Carolina. There is another, mised peremptorily to effect its removal. Sir, we had in the language of the proclamation of the President of waited thirty years for the fulfilment of this promise; and the United States, that was kind and conciliatory; while now we have been accused of disregarding all considera- the British general, in his proclamation, was thirsting for tions of justice. We have gained nothing by the contest, vengeance. except our own property. As to the Indians, the race Sir, may I be permitted to say, with regret, that any has never been treated with the same kindness in any overture from the President is received with dislike, on State in the Union. They held the use of the property, the part of South Carolina? They reject his kind offers and if they were disturbed by those citizens of Georgia and soothing speeches, and call him a tyrant, wreaking VOL. IX.-38. SENATE.] Revenue Collection Bill. [FEB. 18, 1833. his vengeance on the land of his birth. He has a great the Senator right upon more points than one, in the obdesire to do justice, but he is misinterpreted and disbe- servations he has just closed. The Senator from Georgia lieved. But from the high-tariff men, when they make has affirmed that South Carolina has not met, in a proper an offer of an equivocal character, it is hailed with joy; it spirit, the efforts of the President to adjust the tariff, is the rainbow on the bosom of the thunder storm; it is while she has manifested a perfect cordiality towards the oil poured on the troubled waves. While the offers of advances made from another quarter. Pray, sir, on what the President are rejected, they are about to make a foundation does the Senator rest this assertion? Where peace with their inveterate enemies. They reject the is the evidence of the fact? where the proof? I appeal President, doubting his desire that peace should be made. to every one who hears me, to say whether the voice of South Carolina, by her representatives here, and her South Carolina, in the midst of all her projects during press at home, has not strenuously sustained the Presi the last year, has professed a devoted attachment to the dent's opening message on the subject of the tariff? The Union. She loves it with all her heart. Sir, she loves it sentiments of the Chief Magistrate, recommending the too much; she is so devoted to it, that she is scarcely repeal of the act of last session, and the reduction of the willing that any body should save it but herself. Similar taxes to the wants of the Government, have not only been professions were made by the Hartford convention; they approved of by the South Carolina delegation, but uniloved the Union, were devoted to the Union so much, that versal approbation has been the echo from the people of nobody must govern it but themselves. They put the that State. We have nothing in view but legitimate repeople in distress, that the people might take refuge in form. Every aid in achieving our object is cordially and their arms. Their affection was like that of the lover, most cheerfully received. When the Senator from Kenwho gets the object of his attachment into distress and tucky had made his move upon the troubled wave, but difficulty, that he may show his heroic gallantry by com- little hopes were entertained that the Executive influence ing forward to afford her relief, that she may then fly to would succeed, at the present session, in reforming the him for refuge. Sir, she usually goes the other way, and evil. We had met the proposition to adjust this controthe stratagem seldom produces the effect desired; it versy, coming from that quarter, in the same spirit of causes a suspicion of the purity of the flame within. kindness. Sir, I repeat it, there is no foundation for the imputation made by the Senator from Georgia, that we have not met, in a proper temper and feeling, the President's efforts to adjust this question. Sir, from all existing appearances, this question is in a course of settlement. If every thing were in the hands of South Carolina, it would be settled at once. But it is not so, and therefore I hope this bill will pass. Under Mr. M. said, it was his duty to notice some other ex. existing circumstances, any foreigner has the power to pressions of the Senator from Georgia, having a direct compromit the peace of South Carolina. A wretch, a bearing on South Carolina. He did me no more than jus heartless foreign agent, who desires to lay this fair fabric tice when he intimated that he presumed I was gratified waste, has it in his power to bring this matter into colli- at the successful termination of the Georgia controversy. sion at once. There are already symptoms that some I have always maintained that Georgia was right, in her foreign agents in Charleston are about to do so. They contest with the Federal Government. In an official form, have begun to nibble, and ought to be arrested. I hope, sir, this bill will pass, that the custom-house may be removed, and that the foreign villain may be shot down like a wolf. Sir, would any man hesitate? Never, never, never; it would be the extravagance of weakness to do so. And yet Carolina, proud and generous, has placed the issue of blood in such hands. in another responsible station, I have expressed my friendship for that State, and I have been assailed in no very measured terms, by the political friends of the Senator in South Carolina, for these opinions. It was considered a great outrage upon principle in me, to treat the United States as a foreign Government, so far as she attempted to control the local and domestic rights of Geor gia. Sir, I ought to apologize to the Senate for not preparing for this discussion; and I hope the unexpected cir- I have always considered the questions made by Geor. cumstances of the case will be deemed a sufficient apo-gia and South Carolina as one and the same. I am enlogy. tirely incapable of perceiving any difference. With such The question was then taken on the motion of Mr. a belief, it was natural that the people of South Carolina BIBB, and decided as follows: YEAS.--Messrs. Calhoun, Miller, Moore, Tyler--4. NAYS.-Messrs. Benton, Black, Buckner, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane, King, Mangum, Naudain, Prentiss, Rives, Robbins, Robinson, Ruggles, Silsbee, Smith, Sprague, Tipton, Tomlinson, Troup, Waggaman, Webster, Wilkins, White, Wright--38. should feel gratified at the successful termination of the Georgia controversy. While that State was struggling with power, and boldly and bravely standing forth the champion of State rights, we stood ready to aid her with our strength, and sustain her by our countenance and sympathy. If, while the battle was raging, South Carolina moved alongside of her sister, with a firm determination to stand by her in the contest, we take no credit to ourselves, we ask no return of kindness. Her cause was Mr. MILLER said he rose to explain the reasons which the cause of the constitution and the rights of the States; had influenced his vote in favor of the amendment pro- her cause was our cause. If, when South Carolina stands posed by the Senator from Kentucky, and against the upon similar grounds, in a great contest for Southern amendment of the Senator from Mississippi. The propo- rights and constitutional liberty, Georgia can reconcile it sition of the Senator from Kentucky was to restrain or to her notions of consistency, or honor, or interest, to limit the amount of expenditure which the President change her position, and fire a broadside upon Carolina, might incur under this bill; although the amendment of be it so. I do not envy any one the gratification he may the Senator from Mississippi may have had the same object in view, yet it did not, on the face, purport to be a limitation, but an appropriation to carry into effect the enactments of the bill. This he could not consent to vote for. It would be a virtual assent to the provisions of the bill, to furnish the means to carry it into effect. While upon the floor, I will notice some of the positions of the Senator from Georgia. It is an act of justice to the State I represent, and to myself individually, to set feel in pursuing such a course. Mr. M. said he had not meant, when he addressed the Senate before, to reflect in any degree on the State of Georgia for the course pursued by that State in the Indian controversy. He meant simply to state, that the abandonment of the cause in the Supreme Court, recently, under existing circumstances, was evidence of a po litical intrigue, disgraceful to the parties concerned, be the parties who they may. If Georgia stood erect upon FEB. 18, 1833.] Revenue Collection Bill. [SENATE. her principles, and the missionaries were but the instru- stand upon our reserved rights, having parted with some ments of a cabal, who saw the necessity of sacrificing of our freehold. We resist the right to take all in doing their religion and constitutional rights to the love of mo- so. We deny that we oppose the constitution, or violate ney, of course none of the censure would attach to her. our oaths. Georgia refused obedience to the Indian inIf, on the other hand, her authorities were a party to the tercourse law, because she thought it unconstitutional. intrigue by which the President was to be relieved from She put herself on her reserved rights, and refused to his position in regard to the Supreme Court, in order to obey not only the law, but the judicial exposition thereof; enable the patrons of the missionaries to bring the un- South Carolina does the same as to the tariff. She does broken force of Presidential power, prejudice, and pas-not admit, in doing this, she commits either perjury or sion, backed by federal authority, into play against South treason. If the Senator from Georgia will have it that Carolina, then Georgia would come in for a full share of those who refuse obedience to unconstitutional laws add his animadversion. He would take the liberty to say, treason to perjury, let it be so. If he will have it that that the Senator from Georgia was entirely mistaken in Georgia, in maintaining her rights, adopts revolutionary supposing this controversy had, in any degree, affected principles, commits perjury as well as treason, and ought the reputation of the Supreme Court. The court had to atone for her crimes on the gallows, it is not for me to moved forward in the even tenor of its way, volunteering make a defence for her. If this be conformable to her nothing, seeking nothing, but to decide matters brought moral taste, there can be no disputing about it. All we before it. The loss of character sustained in this affair ask is, to let South Carolina, when she occupies her did not fall on that tribunal; it fell elsewhere. The Sen-ground, maintain that she neither is guilty of perjury or ator from Georgia had undertaken to tell us something as treason, according to her own showing at least. Standing to the manner in which this law-suit had been terminated; on soil she never parted with, she maintains she has a lawbut he confessed his details were so general as to throw ful right peaceably to repel a trespasser. If the trespassbut little light on the subject. One thing we all know, er will press on with force, then comes the tug of war. that the Senator from Georgia now stands side by side in This is our creed. If it varies with Georgia orthodoxy, this contest with the missionaries and their friends, in the we cannot help it. We will not pronounce sentence of crusade they are making against South Carolina. The condemnation on our own act. We leave that for the SenaSenator from Georgia had said he was opposed to nullifi-tor from Georgia, the reverend missionaries, and patrons of cation, because it had the appearance of sneaking into the tariff. war. Sir, I confess this is a most singular objection. The honorable Senator has said, the latter clauses in The idea was novel, purely original; such a thing as the bill, those relating to the judicial departments of the sneaking into a fight, he believed, was never before con- States, were violative of higher principles than the militaceived of. There was such a thing as sneaking out of ry clauses. Sir, we have a most precious confession, that one; but as to sneaking into one, he conceived it impossi-this bill, in its civil and military provisions, violated prinble. If the gentleman from Georgia dislikes South Car- ciple, and still the Senator proposes to vote for the bill. olina nullification because it savors of sneaking into a Mr. FORSYTH said he had said involved, not violated. fight, he must permit me to reply that I dislike Georgia Mr. MILLER resumed: I took down the words of the nullification so far as it savored of sneaking out of a fight. Senator differently; but the explanation does not vary, Again, sir: the Senator from Georgia has put the case materially, his position. If the civil provisions in the bill of the caterpillar laying waste the fields of adjoining involved higher principles, it must be a higher violation planters, and one insisting on setting fire to the woods, of principle than the military clauses; and it thus would which might consume the cotton as well as caterpillar. seem the Senator admits he is about to support a bill that I thank the Senator for his illustration. If there is any does involve unsound principles. Although I admit this truth in the maxim noscitur a sociis, it can be demonstrated bill is a series of violations of principle, still I do not adthat the Senator belongs to the caterpillar party in this mit that the degrees are as described by the Senator. controversy. In the outset of the Senator's argument, My great objection to the first clause in the bill is, that it he admitted that nullification in South Carolina had done assumes to expound a law of Congress, declare constitumuch good; that it had put the American people to reason- tional, and support by force, the legislative construction; ing on the subject of the tariff; that it had caused a pause; thus superseding entirely the Judicial department. It is and that public opinion was undergoing a most beneficial the duty of the Legislative department to lay down the and salutary change, operated on by the steps taken by rule; the Judicial department to pronounce what is the Carolina. Although these results have been acknowledg- rule thus laid down; and the Executive to enforce the edly produced by South Carolina, we find the Senator rule thus ascertained. In the present bill the whole powfrom Georgia joining in the chorus with the reverend mis-ers of Government are brought within the Legislative desionaries and manufacturers, lending all his influence to partment. If South Carolina has erred in the opinion of destroy the planter and sustain the caterpillar. Sir, the Senate, in refusing to permit an appeal to be made whatever of chivalry, or character, or good feeling, there from her judicial tribunals, upon principle, all you can is in this course of the honorable Senator, he is welcome or ought to do is, to provide a mode by which appeals to for me. Strange to tell, while the Senator deprecates shall be taken. When you proceed one step further, you as so fatal nullification, he has told us that this system of err yourselves, and can alone defend yourselves in doing protection is so outrageous, that he is prepared to dissolve wrong, by attributing the first error to South Carolina. the Union, if it be not abandoned. Sir, by your own showing, there is not a shadow of preWe propose to throw off an unconstitutional law, and tence for any further legislation, than enough to subject still remain in the Union; and the gentleman reprobates South Carolina to the judicial authority of this Governthis, but proposes to throw off all constitutional laws, and ment. Hence he totally dissented from the honorable go out of the Union, unless this law is repealed; and yet Senator, in the graduation of the erroneous principles of he assumes to read lectures to us upon patriotism, the this bill. love of the Union, and the supremacy of the laws of Congress. Sir, I take this occasion to protest against the oft repeated charge that we deny the supremacy of constitutional laws; our position is, that the tariff for protection is not a law made in pursuance of the constitution, and, therefore, it is void. Sir, the Senator from Georgia has told us that nullification was nonsense double refined; a pretty sweeping sentence pronounced on the wisdom of Jefferson, McKean, Roane, and many other great names. It will require something more than this dogmatism, passed through the intellectual alembic of the Senator from Georgia, to make In resisting such a law, we commit no crime. We any rational mind assent to the position that the doctrines |