Mr. President, I have thus stated the reasons of my dissent to the

doctrines which have been advanced and maintained. I am conscious of

having detained you and the Senate much too long. I was drawn into the

debate with no previous deliberation, such as is suited to the

discussion of so grave and important a subject. But it is a subject of

which my heart is full, and I have not been willing to suppress the

utterance of its spontaneous sentiments. I cannot, even now, persuade

myself to relinquish it, without expressing, once more my deep

conviction, that, since it respects nothing less than the union of the

States, it is of most vital and essential importance to the public

happiness. I profess, sir, in my career hitherto, to have kept steadily

in view the prosperity and honor of the whole country, and the

preservation of our Federal Union. It is to that Union we owe our safety

at home, and our consideration and dignity abroad. It is to that Union

that we are chiefly indebted for whatever makes us most proud of our

country. That Union we reached only by the discipline of our virtues in

the severe school of adversity. It had its origin in the necessities of

disordered finance, prostrate commerce, and ruined credit. Under its

benign influences, these great interests immediately awoke, as from the

dead, and sprang forth with newness of life. Every year of its duration

has teemed with fresh proofs of its utility and its blessings; and

although our territory has stretched out wider and wider, and our

population spread farther and farther, they have not outrun its

protection or its benefits. It has been to us all a copious fountain of

national, social, and personal happiness.

I have not allowed myself, sir, to look beyond the Union, to see what

might lie hidden in the dark recess behind. I have not coolly weighed

the chances of preserving liberty when the bonds that unite us together

shall be broken asunder. I have not accustomed myself to hang over the

precipice of disunion, to see whether, with my short sight, I can fathom

the depth of the abyss below; nor could I regard him as a safe

counsellor in the affairs of this Government, whose thoughts should be

mainly bent on considering, not how the Union may be best preserved, but

how tolerable might be the condition of the people when it should be

broken up and destroyed. While the Union lasts we have high, exciting,

gratifying prospects spread out before us, for us and our children.

Beyond that I seek not to penetrate the veil. God grant that in my day

at least that curtain may not rise! God grant that on my vision never

may be opened what lies behind! When my eyes shall be turned to behold

for the last time the sun in heaven, may I not see him shining on the

broken and dishonored fragments of a once glorious Union, on States

dissevered, discordant, belligerent; on a land rent with civil feuds, or

drenched, it may be, in fraternal blood! Let their last feeble and

lingering glance rather behold the gorgeous ensign of the Republic, now

known and honored through-out the earth, still full high advanced, its

arms and trophies streaming in their original lustre, not a stripe

erased or polluted, not a single star obscured, bearing for its motto,

no such miserable interrogotary as "What is all this worth?" nor those

other words of delusion and folly, "Liberty first and Union afterward";

but everywhere, spread all over in characters of living light, blazing

on all its ample folds, as they float over the sea and over the land,

and in every wind under the whole heavens, that other sentiment, dear to

every true American heart,--Liberty and Union, now and forever, one and

inseparable!

JOHN C. CALHOUN

--OF SOUTH CAROLINA. (BORN 1782, DIED 1850.)

ON NULLIFICATION AND THE FORCE BILL,

IN THE UNITED STATES SENATE, FEB. 15, 1833.

MR. PRESIDENT:

At the last session of Congress, it was avowed on all sides that the

public debt, as to all practical purposes, was in fact paid, the small

surplus remaining being nearly covered by the money in the Treasury and

the bonds for duties which had already accrued; but with the arrival of

this event our last hope was doomed to be disappointed. After a long

session of many months, and the most earnest effort on the part of South

Carolina and the other Southern States to obtain relief, all that could

be effected was a small reduction in the amount of the duties, but a

reduction of such a character that, while it diminished the amount of

burden, it distributed that burden more unequally than even the

obnoxious act of 1828; reversing the principle adopted by the bill of

1816, of laying higher duties on the unprotected than the protected

articles, by repealing almost entirely the duties laid upon the former,

and imposing the burden almost entirely on the latter. It was thus that,

instead of relief--instead of an equal distribution of burdens and

benefits of the government, on the payment of the debt, as had been

fondly anticipated,--the duties were so arranged as to be, in fact,

bounties on one side and taxation on the other; thus placing the two

great sections of the country in direct conflict in reference to its

fiscal action, and thereby letting in that flood of political corruption

which threatens to sweep away our Constitution and our liberty.

This unequal and unjust arrangement was pronounced, both by the

administration, through its proper organ, the Secretary of the Treasury,

and by the opposition, to be a permanent adjustment; and it was thus

that all hope of relief through the action of the General Government

terminated; and the crisis so long apprehended at length arrived, at

which the State was compelled to choose between absolute acquiescence in

a ruinous system of oppression, or a resort to her reserved

powers--powers of which she alone was the rightful judge, and which

only, in this momentous juncture, could save her. She determined on the

latter.

The consent of two thirds of her Legislature was necessary for the call

of a convention, which was considered the only legitimate organ through

which the people, in their sovereignty, could speak. After an arduous

struggle the States-right party succeeded; more than two thirds of both

branches of the Legislature favorable to a convention were elected; a

convention was called--the ordinance adopted. The convention was

succeeded by a meeting of the Legislature, when the laws to carry the

ordinance into execution were enacted--all of which have been

communicated by the President, have been referred to the Committee on

the Judiciary, and this bill is the result of their labor.

Having now corrected some of the prominent misrepresentations as to the

nature of this controversy, and given a rapid sketch of the movement of

the State in reference to it, I will next proceed to notice some

objections connected with the ordinance and the proceedings under it.

The first and most prominent of these is directed against what is called

the test oath, which an effort has been made to render odious. So far

from deserving the denunciation that has been levelled against it, I

view this provision of the ordinance as but the natural result of the

doctrines entertained by the State, and the position which she occupies.

The people of Carolina believe that the Union is a union of States, and

not of individuals; that it was formed by the States, and that the

citizens of the several States were bound to it through the acts of

their several States; that each State ratified the Constitution for

itself, and that it was only by such ratification of a State that any

obligation was imposed upon its citizens. Thus believing, it is the

opinion of the people of Carolina that it belongs to the State which has

imposed the obligation to declare, in the last resort, the extent of

this obligation, as far as her citizens are concerned; and this upon the

plain principles which exist in all analogous cases of compact between

sovereign bodies. On this principle the people of the State, acting in

their sovereign capacity in convention, precisely as they did in the

adoption of their own and the Federal Constitution, have declared, by

the ordinance, that the acts of Congress which imposed duties under the

authority to lay imposts, were acts not for revenue, as intended by the

Constitution, but for protection, and therefore null and void. The

ordinance thus enacted by the people of the State themselves, acting as

a sovereign community, is as obligatory on the citizens of the State as

any portion of the Constitution. In prescribing, then, the oath to obey

the ordinance, no more was done than to prescribe an oath to obey the

Constitution. It is, in fact, but a particular oath of allegiance, and

in every respect similar to that which is prescribed, under the

Constitution of the United States, to be administered to all the

officers of the State and Federal Governments; and is no more deserving

the harsh and bitter epithets which have been heaped upon it than that

or any similar oath. It ought to be borne in mind that, according to the

opinion which prevails in Carolina, the right of resistance to the

unconstitutional acts of Congress belongs to the State, and not to her

individual citizens; and that, though the latter may, in a mere question

of _meum_ and _tuum_, resist through the courts an unconstitutional

encroachment upon their rights, yet the final stand against usurpation

rests not with them, but with the State of which they are members; and

such act of resistance by a State binds the conscience and allegiance of

the citizen. But there appears to be a general misapprehension as to the

extent to which the State has acted under this part of the ordinance.

Instead of sweeping every officer by a general proscription of the

minority, as has been represented in debate, as far as my knowledge

extends, not a single individual has been removed. The State has, in

fact, acted with the greatest tenderness, all circumstances considered,

toward citizens who differed from the majority; and, in that spirit, has

directed the oath to be administered only in the case of some official

act directed to be performed in which obedience to the ordinance is

involved. * * *'

It is next objected that the enforcing acts, have legislated the United

States out of South Carolina. I have already replied to this objection

on another occasion, and will now but repeat what I then said: that they

have been legislated out only to the extent that they had no right to

enter. The Constitution has admitted the jurisdiction of the United

States within the limits of the several States only so far as the

delegated powers authorize; beyond that they are intruders, and may

rightfully be expelled; and that they have been efficiently expelled by

the legislation of the State through her civil process, as has been

acknowledged on all sides in the debate, is only a confirmation of the

truth of the doctrine for which the majority in Carolina have contended.

The very point at issue between the two parties there is, whether

nullification is a peaceful and an efficient remedy against an

unconstitutional act of the General Government, and may be asserted, as

such, through the State tribunals. Both parties agree that the acts

against which it is directed are unconstitutional and oppressive. The

controversy is only as to the means by which our citizens may be

protected against the acknowledged encroachments on their rights. This

being the point at issue between the parties, and the very object of the

majority being an efficient protection of the citizens through the State

tribunals, the measures adopted to enforce the ordinance, of course

received the most decisive character. We were not children, to act by

halves. Yet for acting thus efficiently the State is denounced, and this

bill reported, to overrule, by military force, the civil tribunal and

civil process of the State! Sir, I consider this bill, and the arguments

which have been urged on this floor in its support, as the most

triumphant acknowledgment that nullification is peaceful and efficient,

and so deeply intrenched in the principles of our system, that it cannot

be assailed but by prostrating the Constitution, and substituting the

supremacy of military force in lieu of the supremacy of the laws. In

fact, the advocates of this bill refute their own argument. They tell us

that the ordinance is unconstitutional; that it infracts the

constitution of South Carolina, although, to me, the objection appears

absurd, as it was adopted by the very authority which adopted the

constitution itself. They also tell us that the Supreme Court is the

appointed arbiter of all controversies between a State and the General

Government. Why, then, do they not leave this controversy to that

tribunal? Why do they not confide to them the abrogation of the

ordinance, and the laws made in pursuance of it, and the assertion of

that supremacy which they claim for the laws of Congress? The State

stands pledged to resist no process of the court. Why, then, confer on

the President the extensive and unlimited powers provided in this bill?

Why authorize him to use military force to arrest the civil process of

the State? But one answer can be given: That, in a contest between the

State and the General Government, if the resistance be limited on both

sides to the civil process, the State, by its inherent sovereignty,

standing upon its reserved powers, will prove too powerful in such a

controversy, and must triumph over the Federal Government, sustained by

its delegated and limited authority; and in this answer we have an

acknowledgment of the truth of those great principles for which the

State has so firmly and nobly contended. * * *

Notwithstanding all that has been said, I may say that neither the

Senator from Delaware (Mr. Clayton), nor any other who has spoken on the

same side, has directly and fairly met the great question at issue: Is

this a Federal Union? a union of States, as distinct from that of

individuals? Is the sovereignty in the several States, or in the

American people in the aggregate? The very language which we are

compelled to use when speaking of our political institutions, affords

proof conclusive as to its real character. The terms union, federal,

united, all imply a combination of sovereignties, a confederation of

States. They never apply to an association of individuals. Who ever

heard of the United State of New York, of Massachusetts, or of Virginia?

Who ever heard the term federal or union applied to the aggregation of

individuals into one community? Nor is the other point less clear--that

the sovereignty is in the several States, and that our system is a union

of twenty-four sovereign powers, under a constitutional compact, and not

of a divided sovereignty between the States severally and the United

States? In spite of all that has been said, I maintain that sovereignty

is in its nature indivisible. It is the supreme power in a State, and we

might just as well speak of half a square, or half of a triangle, as of

half a sovereignty. It is a gross error to confound the exercise of

sovereign powers with sovereignty itself, or the delegation of such

powers with the surrender of them. A sovereign may delegate his powers

to be exercised by as many agents as he may think proper, under such

conditions and with such limitations as he may impose; but to surrender

any portion of his sovereignty to another is to annihilate the whole.

The Senator from Delaware (Mr. Clayton) calls this metaphysical

reasoning, which he says he cannot comprehend. If by metaphysics he

means that scholastic refinement which makes distinctions without

difference, no one can hold it in more utter contempt than I do; but if,

on the contrary, he means the power of analysis and combination--that

power which reduces the most complex idea into its elements, which

traces causes to their first principle, and, by the power of

generalization and combination, unites the whole in one harmonious

system--then, so far from deserving contempt, it is the highest

attribute of the human mind. It is the power which raises man above the

brute--which distinguishes his faculties from mere sagacity, which he

holds in common with inferior animals. It is this power which has raised

the astronomer from being a mere gazer at the stars to the high

intellectual eminence of a Newton or a Laplace, and astronomy itself

from a mere observation of insulated facts into that noble science which

displays to our admiration the system of the universe. And shall this

high power of the mind, which has effected such wonders when directed to

the laws which control the material world, be forever prohibited, under

a senseless cry of metaphysics, from being applied to the high purposes

of political science and legislation? I hold them to be subject to laws

as fixed as matter itself, and to be as fit a subject for the

application of the highest intellectual power. Denunciation may, indeed

fall upon the philosophical inquirer into these first principles, as it

did upon Galileo and Bacon, when they first unfolded the great

discoveries which have immortalized their names; but the time will come

when truth will prevail in spite of prejudice and denunciation, and when

politics and legislation will be considered as much a science as

astronomy and chemistry.

In connection with this part of the subject, I understood the Senator

from Virginia (Mr. Rives) to say that sovereignty was divided, and that

a portion remained with the States severally, and that the residue was

vested in the Union. By Union, I suppose the Senator meant the United

States. If such be his meaning--if he intended to affirm that the

sovereignty was in the twenty-four States, in whatever light he may view

them, our opinions will not disagree; but according to my conception,

the whole sovereignty is in the several States, while the exercise of

sovereign power is divided--a part being exercised under compact,

through this General Government, and the residue through the separate

State Governments. But if the Senator from Virginia (Mr. Rives) means to

assert that the twenty-four States form but one community, with a single

sovereign power as to the objects of the Union, it will be but the

revival of the old question, of whether the Union is a union between

States, as distinct communities, or a mere aggregate of the American

people, as a mass of individuals; and in this light his opinions would

lead directly to consolidation. * * *

Disguise it as you may, the controversy is one between power and

liberty; and I tell the gentlemen who are opposed to me, that, as strong

as may be the love of power on their side, the love of liberty is still

stronger on ours. History furnishes many instances of similar struggles,

where the love of liberty has prevailed against power under every

disadvantage, and among them few more striking than that of our own

Revolution; where, as strong as was the parent country, and feeble as

were the colonies, yet, under the impulse of liberty, and the blessing

of God, they gloriously triumphed in the contest. There are, indeed,

many striking analogies between that and the present controversy. They

both originated substantially in the same cause--with this

difference--in the present case, the power of taxation is converted into

that of regulating industry; in the other, the power of regulating

industry, by the regulation of commerce, was attempted to be converted

into the power of taxation. Were I to trace the analogy further, we

should find that the perversion of the taxing power, in the one case,

has given precisely the same control to the Northern section over the

industry of the Southern section of the Union, which the power to

regulate commerce gave to Great Britain over the industry of the

colonies in the other; and that the very articles in which the colonies

were permitted to have a free trade, and those in which the

mother-country had a monopoly, are almost identically the same as those

in which the Southern States are permitted to have a free trade by the

act of 1832, and in which the Northern States have, by the same act,

secured a monopoly. The only difference is in the means. In the former,

the colonies were permitted to have a free trade with all countries

south of Cape Finisterre, a cape in the northern part of Spain; while

north of that, the trade of the colonies was prohibited, except through

the mother-country, by means of her commercial regulations. If we

compare the products of the country north and south of Cape Finisterre,

we shall find them almost identical with the list of the protected and

unprotected articles contained in the list of last year. Nor does the

analogy terminate here. The very arguments resorted to at the

commencement of the American Revolution, and the measures adopted, and

the motives assigned to bring on that contest (to enforce the law), are

almost identically the same.

But to return from this digression to the consideration of the bill.

Whatever difference of opinion may exist upon other points, there is one

on which I should suppose there can be none; that this bill rests upon

principles which, if carried out, will ride over State sovereignties,

and that it will be idle for any advocates hereafter to talk of State

rights. The Senator from Virginia (Mr. Rives) says that he is the

advocate of State rights; but he must permit me to tell him that,

although he may differ in premises from the other gentlemen with whom he

acts on this occasion, yet, in supporting this bill, he obliterates

every vestige of distinction between him and them, saving only that,

professing the principles of '98, his example will be more pernicious

than that of the most open and bitter opponent of the rights of the

States. I will also add, what I am compelled to say, that I must

consider him (Mr. Rives) as less consistent than our old opponents,

whose conclusions were fairly drawn from their premises, while his

premises ought to have led him to opposite conclusions. The gentleman

has told us that the new-fangled doctrines, as he chooses to call them,

have brought State rights into disrepute. I must tell him, in reply,

that what he calls new-fangled are but the doctrines of '98; and that it

is he (Mr. Rives), and others with him, who, professing these doctrines,

have degraded them by explaining away their meaning and efficacy. He

(Mr. R.) has disclaimed, in behalf of Virginia, the authorship of

nullification. I will not dispute that point. If Virginia chooses to

throw away one of her brightest ornaments, she must not hereafter

complain that it has become the property of another. But while I have,

as a representative of Carolina, no right to complain of the disavowal

of the Senator from Virginia, I must believe that he (Mr. R.) has done

his native State great injustice by declaring on this floor, that when

she gravely resolved, in '98, that "in cases of deliberate and dangerous

infractions of the Constitution, the States, as parties to the compact,

have the right, and are in duty bound, to interpose to arrest the

progress of the evil, and to maintain within their respective limits the

authorities, rights, and liberties appertaining to them," she meant no

more than to proclaim the right to protest and to remonstrate. To

suppose that, in putting forth so solemn a declaration, which she

afterward sustained by so able and elaborate an argument, she meant no

more than to assert what no one had ever denied, would be to suppose

that the State had been guilty of the most egregious trifling that ever

was exhibited on so solemn an occasion.

THOMAS H. BENTON, OF MISSOURI. (BORN 1782, DIED 1858.)

ON THE EXPUNGING RESOLUTION

--UNITED STATES SENATE, JANUARY 12, 1837

MR. PRESIDENT:

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