In the further course of the debate, Mr. Ellsworth said:--

"In republics, it is a fundamental principle, that the majority govern,

and that the minority comply with the general voice. How contrary,

then, to republican principles, how humiliating, is our present

situation! A single State can rise up, and put a veto upon the most

important public measures. We have seen this actually take place; a

single State has controlled the general voice of the Union; a minority,

a very small minority, has governed us. So far is this from being

consistent with republican principles, that it is, in effect, the worst

species of monarchy.

"Hence we see how necessary for the Union is a coercive principle. No

man pretends the contrary. We all see and feel this necessity. The only

question is, Shall it be a coercion of law, or a coercion of arms?

There is no other possible alternative. Where will those who oppose a

coercion of law come out? Where will they end? A necessary consequence

of their principles is a war of the States one against another. I am

for coercion by law; that coercion which acts only upon delinquent

individuals. This Constitution does not attempt to coerce sovereign

bodies, States, in their political capacity. No coercion is applicable

to such bodies, but that of an armed force. If we should attempt to

execute the laws of the Union by sending an armed force against a

delinquent State, it would involve the good and bad, the innocent and

guilty, in the same calamity. But this legal coercion singles out the

guilty individual, and punishes him for breaking the laws of the Union."

Indeed, Sir, if we look to all contemporary history, to the numbers of

the Federalist, to the debates in the conventions, to the publications

of friends and foes, they all agree, that a change had been made from a

confederacy of States to a different system; they all agree, that the

Convention had formed a Constitution for a national government. With

this result some were satisfied, and some were dissatisfied; but all

admitted that the thing had been done. In none of these various

productions and publications did any one intimate that the new

Constitution was but another compact between States in their sovereign

capacities. I do not find such an opinion advanced in a single

instance. Everywhere, the people were told that the old Confederation

was to be abandoned, and a new system to be tried; that a proper

government was proposed, to be founded in the name of the people, and

to have a regular organization of its own. Everywhere, the people were

told that it was to be a government with direct powers to make laws

over individuals, and to lay taxes and imposts without the consent of

the States. Everywhere, it was understood to be a popular Constitution.

It came to the people for their adoption, and was to rest on the same

deep foundation as the State constitutions themselves. Its most

distinguished advocates, who had been themselves members of the

Convention, declared that the very object of submitting the

Constitution to the people was, to preclude the possibility of its

being regarded as a mere compact. "However gross a heresy," say the

writers of the Federalist, "it may be to maintain that a party to a

_compact_ has a right to revoke that _compact_, the doctrine itself has

had respectable advocates. The possibility of a question of this nature

proves the necessity of laying the foundations of our national

government deeper than in the mere sanction of delegated authority. The

fabric of American empire ought to rest on the solid basis of THE

CONSENT OF THE PEOPLE."

Such is the language, Sir, addressed to the people, while they yet had

the Constitution under consideration. The powers conferred on the new

government were perfectly well understood to be conferred, not by any

State, or the people of any State, but by the people of the United

States. Virginia is more explicit, perhaps, in this particular, than

any other State. Her convention, assembled to ratify the Constitution,

"in the name and behalf of the people of Virginia, declare and make

known, that the powers granted under the Constitution, _being derived

from the people of the United States_, may be resumed by them whenever

the same shall be perverted to their injury or oppression."

Is this language which describes the formation of a compact between

States? or language describing the grant of powers to a new government,

by the whole people of the United States?

Among all the other ratifications, there is not one which speaks of the

Constitution as a compact between States. Those of Massachusetts and

New Hampshire express the transaction, in my opinion, with sufficient

accuracy. They recognize the Divine goodness "in affording THE PEOPLE

OF THE UNITED STATES an opportunity of entering into an explicit and

solemn compact with each other _by assenting to and ratifying a new

Constitution_." You will observe, Sir, that it is the PEOPLE, and not

the States, who have entered into this compact; and it is the PEOPLE of

all the United States. These conventions, by this form of expression,

meant merely to say, that the people of the United States had, by the

blessing of Providence, enjoyed the opportunity of establishing a new

Constitution, _founded in the consent of the people_. This consent of

the people has been called, by European writers, the _social compact_;

and, in conformity to this common mode of expression, these conventions

speak of that assent, on which the new Constitution was to rest, as an

explicit and solemn compact, not which the States had entered into with

each other, but which the _people_ of the United States had entered

into.

Finally, Sir, how can any man get over the words of the Constitution

itself?--"WE, THE PEOPLE OF THE UNITED STATES, DO ORDAIN AND ESTABLISH

THIS CONSTITUTION." These words must cease to be a part of the

Constitution, they must be obliterated from the parchment on which they

are written, before any human ingenuity or human argument can remove

the popular basis on which that Constitution rests, and turn the

instrument into a mere compact between sovereign States.

The second proposition, Sir, which I propose to maintain, is, that no

State authority can dissolve the relations subsisting between the

government of the United States and individuals; that nothing can

dissolve these relations but revolution; and that, therefore, there can

be no such thing as _secession_ without revolution. All this follows,

as it seems to me, as a just consequence, if it be first proved that

the Constitution of the United States is a government proper, owing

protection to individuals, and entitled to their obedience.

The people, Sir, in every State, live under two governments. They owe

obedience to both. These governments, though distinct, are not adverse.

Each has its separate sphere, and its peculiar powers and duties. It is

not a contest between two sovereigns for the same power, like the wars

of the rival houses of England; nor is it a dispute between a

government _de facto_ and a government _de jure_. It is the case of a

division of powers between two governments, made by the people, to whom

both are responsible. Neither can dispense with the duty which

individuals owe to the other; neither can call itself master of the

other; the people are masters of both. This division of power, it is

true, is in a great measure unknown in Europe. It is the peculiar

system of America; and, though new and singular, it is not

incomprehensible. The State constitutions are established by the people

of the States. This Constitution is established by the people of all

the States. How, then, can a State secede? How can a State undo what

the whole people have done? How can she absolve her citizens from their

obedience to the laws of the United States? How can she annul their

obligations and oaths? How can the members of her legislature renounce

their own oaths? Sir, secession, as a revolutionary right, is

intelligible; as a right to be proclaimed in the midst of civil

commotions, and asserted at the head of armies, I can understand it.

But as a practical right, existing under the Constitution, and in

conformity with its provisions, it seems to me to be nothing but a

plain absurdity; for it supposes resistance to government, under the

authority of government itself; it supposes dismemberment, without

violating the principles of union; it supposes opposition to law,

without crime; it supposes the violation of oaths, without

responsibility; it supposes the total overthrow of government, without

revolution. The Constitution, Sir, regards itself as perpetual and

immortal. It seeks to establish a union among the people of the States,

which shall last through all time. Or, if the common fate of things

human must be expected at some period to happen to it, yet that

catastrophe is not anticipated.

The instrument contains ample provisions for its amendment, at all

times; none for its abandonment at any time. It declares that new

States may come into the Union, but it does not declare that old States

may go out. The Union is not a temporary partnership of States. It is

the association of the people, under a constitution of government,

uniting their power, joining together their highest interests,

cementing their present enjoyments, and blending, in one indivisible

mass, all their hopes for the future. Whatsoever is steadfast in just

political principles; whatsoever is permanent in the structure of human

society; whatsoever there is which can derive an enduring character

from being founded on deep-laid principles of constitutional liberty

and on the broad foundations of the public will,--all these unite to

entitle this instrument to be regarded as a permanent constitution of

government.

In the next place, Mr. President, I contend that there is a supreme law

of the land, consisting of the Constitution, acts of Congress passed in

pursuance of it, and the public treaties. This will not be denied,

because such are the very words of the Constitution. But I contend,

further, that it rightfully belongs to Congress, and to the courts of

the United States, to settle the construction of this supreme law, in

doubtful cases. This is denied; and here arises the great practical

question, _Who is to construe finally the Constitution of the United

States_? We all agree that the Constitution is the supreme law; but who

shall interpret that law? In our system of the division of powers

between different governments, controversies will necessarily sometimes

arise, respecting the extent of the powers of each. Who shall decide

these controversies? Does it rest with the general government, in all

or any of its departments, to exercise the office of final interpreter?

Or may each of the States, as well as the general government, claim

this right of ultimate decision? The practical result of this whole

debate turns on this point. The gentleman contends that each State may

judge for itself of any alleged violation of the Constitution, and may

finally decide for itself, and may execute its own decisions by its own

power. All the recent proceedings in South Carolina are founded on this

claim of right. Her convention has pronounced the revenue laws of the

United States unconstitutional; and this decision she does not allow

any authority of the United States to overrule or reverse. Of course

she rejects the authority of Congress, because the very object of the

ordinance is to reverse the decision of Congress; and she rejects, too,

the authority of the courts of the United States, because she expressly

prohibits all appeal to those courts. It is in order to sustain this

asserted right of being her own judge, that she pronounces the

Constitution of the United States to be but a compact, to which she is

a party, and a sovereign party. If this be established, then the

inference is supposed to follow, that, being sovereign, there is no

power to control her decision; and her own judgment on her own compact

is, and must be, conclusive.

I have already endeavored, Sir, to point out the practical consequences

of this doctrine, and to show how utterly inconsistent it is with all

ideas of regular government, and how soon its adoption would involve

the whole country in revolution and absolute anarchy. I hope it is easy

now to show, Sir, that a doctrine bringing such consequences with it is

not well founded; that it has nothing to stand on but theory and

assumption; and that it is refuted by plain and express constitutional

provisions. I think the government of the United States does possess,

in its appropriate departments, the authority of final decision on

questions of disputed power. I think it possesses this authority, both

by necessary implication and by express grant.

It will not be denied, Sir, that this authority naturally belongs to

all governments. They all exercise it from necessity, and as a

consequence of the exercise of other powers. The State governments

themselves possess it, except in that class of questions which may

arise between them and the general government, and in regard to which

they have surrendered it, as well by the nature of the case as by clear

constitutional provisions. In other and ordinary cases, whether a

particular law be in conformity to the constitution of the State is a

question which the State legislature or the State judiciary must

determine. We all know that these questions arise daily in the State

governments, and are decided by those governments; and I know no

government which does not exercise a similar power.

Upon general principles, then, the government of the United States

possesses this authority; and this would hardly be denied were it not

that there are other governments. But since there are State

governments, and since these, like other governments, ordinarily

construe their own powers, if the government of the United States

construes its own powers also, which construction is to prevail in the

case of opposite constructions? And again, as in the case now actually

before us, the State governments may undertake, not only to construe

their own powers, but to decide directly on the extent of the powers of

Congress. Congress has passed a law as being within its just powers;

South Carolina denies that this law is within its just powers, and

insists that she has the right so to decide this point, and that her

decision is final. How are these questions to be settled?

In my opinion, Sir, even if the Constitution of the United States had

made no express provision for such cases, it would yet be difficult to

maintain, that, in a Constitution existing over four-and-twenty States,

with equal authority over all, one could claim a right of construing it

for the whole. This would seem a manifest impropriety; indeed, an

absurdity. If the Constitution is a government existing over all the

States, though with limited powers, it necessarily follows, that, to

the extent of those powers, it must be supreme. If it be not superior

to the authority of a particular State, it is not a national

government. But as it is a government, as it has a legislative power of

its own, and a judicial power coextensive with the legislative, the

inference is irresistible that this government, thus created _by_ the

whole and _for_ the whole, must have an authority superior to that of

the particular government of any one part. Congress is the legislature

of all the people of the United States; the judiciary of the general

government is the judiciary of all the people of the United States. To

hold, therefore, that this legislature and this judiciary are

subordinate in authority to the legislature and judiciary of a single

State, is doing violence to all common sense, and overturning all

established principles. Congress must judge of the extent of its own

powers so often as it is called on to exercise them, or it cannot act

at all; and it must also act independent of State control, or it cannot

act at all.

The right of State interposition strikes at the very foundation of the

legislative power of Congress. It possesses no effective legislative

power, if such right of State interposition exists; because it can pass

no law not subject to abrogation. It cannot make laws for the Union, if

any part of the Union may pronounce its enactments void and of no

effect. Its forms of legislation would be an idle ceremony, if, after

all, any one of four-and-twenty States might bid defiance to its

authority. Without express provision in the Constitution, therefore,

Sir, this whole question is necessarily decided by those provisions

which create a legislative power and a judicial power. If these exist

in a government intended for the whole, the inevitable consequence is,

that the laws of this legislative power and the decisions of this

judicial power must be binding on and over the whole. No man can form

the conception of a government existing over four-and-twenty States,

with a regular legislative and judicial power, and of the existence at

the same time of an authority, residing elsewhere, to resist, at

pleasure or discretion, the enactments and the decisions of such a

government. I maintain, therefore, Sir, that, from the nature of the

case, and as an inference wholly unavoidable, the acts of Congress and

the decisions of the national courts must be of higher authority than

State laws and State decisions. If this be not so, there is, there can

be, no general government.

But, Mr. President, the Constitution has not left this cardinal point

without full and explicit provisions. First, as to the authority of

Congress. Having enumerated the specific powers conferred on Congress,

the Constitution adds, as a distinct and substantive clause, the

following, viz.: "To make all laws which shall be necessary and proper

for carrying into execution the foregoing powers, and all other powers

vested by this Constitution in the government of the United States, or

in any department or officer thereof." If this means anything, it means

that Congress may judge of the true extent and just interpretation of

the specific powers granted to it, and may judge also of what is

necessary and proper for executing those powers. If Congress is to

judge of what is necessary for the execution of its powers, it must, of

necessity, judge of the extent and interpretation of those powers.

And in regard, Sir, to the judiciary, the Constitution is still more

express and emphatic. It declares that the judicial power shall extend

to all _cases_ in law or equity arising under the Constitution, laws of

the United States, and treaties; that there shall be _one_ Supreme

Court, and that this Supreme Court shall have appellate jurisdiction of

all these cases, subject to such exceptions as Congress may make. It is

impossible to escape from the generality of these words. If a case

arises under the Constitution, that is, if a case arises depending on

the construction of the Constitution, the judicial power of the United

States extends to it. It reaches _the case, the question_; it attaches

the power of the national judicature to the _case_ itself, in whatever

court it may arise or exist; and in this _case_ the Supreme Court has

appellate jurisdiction over all courts whatever. No language could

provide with more effect and precision than is here done, for

subjecting constitutional questions to the ultimate decision of the

Supreme Court. And, Sir, this is exactly what the Convention found it

necessary to provide for, and intended to provide for. It is, too,

exactly what the people were universally told was done when they

adopted the Constitution. One of the first resolutions adopted by the

Convention was in these words, viz.: "That the jurisdiction of the

national judiciary shall extend to cases which respect _the collection

of the national revenue_, and questions which involve the national

peace and harmony." Now, Sir, this either had no sensible meaning at

all, or else it meant that the jurisdiction of the national judiciary

should extend to these questions, _with a paramount authority_. It is

not to be supposed that the Convention intended that the power of the

national judiciary should extend to these questions, and that the power

of the judicatures of the States should also extend to them, _with

equal power of final decision_. This would be to defeat the whole

object of the provision. There were thirteen judicatures already in

existence. The evil complained of, or the danger to be guarded against,

was contradiction and repugnance in the decisions of these judicatures.

If the framers of the Constitution meant to create a fourteenth, and

yet not to give it power to revise and control the decisions of the

existing thirteen, then they only intended to augment the existing evil

and the apprehended danger by increasing still further the chances of

discordant judgments. Why, Sir, has it become a settled axiom in

politics that every government must have a judicial power coextensive

with its legislative power? Certainly, there is only this reason,

namely, that the laws may receive a uniform interpretation and a

uniform execution. This object cannot be otherwise attained. A statute

is what it is judicially interpreted to be; and if it be construed one

way in New Hampshire, and another way in Georgia, there is no uniform

law. One supreme court, with appellate and final jurisdiction, is the

natural and only adequate means, in any government, to secure this

uniformity. The Convention saw all this clearly; and the resolution

which I have quoted, never afterwards rescinded, passed through various

modifications, till it finally received the form which the article now

bears in the Constitution.

It is undeniably true, then, that the framers of the Constitution

intended to create a national judicial power, which should be paramount

on national subjects. And after the Constitution was framed, and while

the whole country was engaged in discussing its merits, one of its most

distinguished advocates, Mr. Madison, told the people that it _was

true, that, in controversies relating to the boundary between the two

jurisdictions, the tribunal which is ultimately to decide is to be

established under the general government_. Mr. Martin, who had been a

member of the Convention, asserted the same thing to be the legislature

of Maryland, and urged it as a reason for rejecting the Constitution.

Mr. Pinckney, himself also a leading member of the Convention, declared

it to the people of South Carolina. Everywhere it was admitted, by

friends and foes, that this power was in the Constitution. By some it

was thought dangerous, by most it was thought necessary; but by all it

was agreed to be a power actually contained in the instrument. The

Convention saw the absolute necessity of some control in the national

government over State laws. Different modes of establishing this

control were suggested and considered. At one time, it was proposed

that the laws of the States should, from time to time, be laid before

Congress, and that Congress should possess a negative over them. But

this was thought inexpedient and inadmissible; and in its place, and

expressly as a substitute for it, the existing provision was

introduced; that is to say, a provision by which the federal courts

should have authority to overrule such State laws as might be in

manifest contravention of the Constitution. The writers of the

Federalist, in explaining the Constitution, while it was yet pending

before the people, and still unadopted, give this account of the matter

in terms, and assign this reason for the article as it now stands. By

this provision Congress escaped the necessity of any revision of State

laws, left the whole sphere of State legislation quite untouched, and

yet obtained a security against any infringement of the constitutional

power of the general government. Indeed, Sir, allow me to ask again, if

the national judiciary was not to exercise a power of revision on

constitutional questions over the judicatures of the States, why was

any national judicature erected at all? Can any man give a sensible

reason for having a judicial power in this government, unless it be for

the sake of maintaining a uniformity of decision on questions arising

under the Constitution and laws of Congress, and insuring its

execution? And does not this very idea of uniformity necessarily imply

that the construction given by the national courts is to be the

prevailing construction? How else, Sir, is it possible that uniformity

can be preserved?

Gentlemen appear to me, Sir, to look at but one side of the question.

They regard only the supposed danger of trusting a government with the

interpretation of its own powers. But will they view the question in

its other aspect? Will they show us how it is possible for a government

to get along with four-and-twenty interpreters of its laws and powers?

Gentlemen argue, too, as if, in these cases, the State would be always

right, and the general government always wrong. But suppose the

reverse,--suppose the State wrong (and, since they differ, some of them

must be wrong),--are the most important and essential operations of the

government to be embarrassed and arrested, because one State holds the

contrary opinion? Mr. President, every argument which refers the

constitutionality of acts of Congress to State decision appeals from

the majority to the minority; it appeals from the common interest to a

particular interest; from the counsels of all to the counsel of one;

and endeavors to supersede the judgment of the whole by the judgment of

a part.

I think it is clear, Sir, that the Constitution, by express provision,

by definite and unequivocal words, as well as by necessary implication,

has constituted the Supreme Court of the United States the appellate

tribunal in all cases of a constitutional nature which assume the shape

of a suit, in law or equity. And I think I cannot do better than to

leave this part of the subject by reading the remarks made upon it in

the convention of Connecticut, by Mr. Ellsworth; a gentleman, Sir, who

has left behind him, on the records of the government of his country,

proofs of the clearest intelligence and the deepest sagacity, as well

as of the utmost purity and integrity of character. "This

Constitution," says he, "defines the extent of the powers of the

general government. If the general legislature should, at any time,

overleap their limits, the judicial department is a constitutional

check. If the United States go beyond their powers, if they make a law

which the Constitution does not authorize, it is void; and the

judiciary power, the national judges, who, to secure their

impartiality, are to be made independent, will declare it to be void.

On the other hand, if the States go beyond their limits, if they make a

law which is a usurpation upon the general government, the law is void;

and upright, independent judges will declare it to be so." Nor did this

remain merely matter of private opinion. In the very first session of

the first Congress, with all these well-known objects, both of the

Convention and the people, full and fresh in his mind, Mr. Ellsworth,

as is generally understood, reported the bill for the organization of

the judicial department, and in that bill made provision for the

exercise of this appellate power of the Supreme Court, in all the

proper cases, in whatsoever court arising; and this appellate power has

now been exercised for more than forty years, without interruption, and

without doubt.

As to the cases, Sir, which do not come before the courts, those

political questions which terminate with the enactments of Congress, it

is of necessity that these should be ultimately decided by Congress

itself. Like other legislatures, it must be trusted with this power.

The members of Congress are chosen by the people, and they are

answerable to the people; like other public agents, they are bound by

oath to support the Constitution. These are the securities that they

will not violate their duty, nor transcend their powers. They are the

same securities that prevail in other popular governments; nor is it

easy to see how grants of power can be more safely guarded, without

rendering them nugatory. If the case cannot come before the courts, and

if Congress be not trusted with its decision, who shall decide it? The

gentleman says, each State is to decide it for herself. If so, then, as

I have already urged, what is law in one State is not law in another.

Or, if the resistance of one State compels an entire repeal of the law,

then a minority, and that a small one, governs the whole country.

Sir, those who espouse the doctrines of nullification reject, as it

seems to me, the first great principle of all republican liberty; that

is, that the majority _must_ govern. In matters of common concern, the

judgment of a majority _must_ stand as the judgment of the whole. This

is a law imposed on us by the absolute necessity of the case; and if we

do not act upon it, there is no possibility of maintaining any

government but despotism. We hear loud and repeated denunciations

against what is called _majority government_. It is declared, with much

warmth, that a majority government cannot be maintained in the United

States. What, then, do gentlemen wish? Do they wish to establish a

_minority_ government? Do they wish to subject the will of the many to

the will of the few? The honorable gentleman from South Carolina has

spoken of absolute majorities and majorities concurrent; language

wholly unknown to our Constitution, and to which it is not easy to

affix definite ideas. As far as I understand it, it would teach us that

the absolute majority may be found in Congress, but the majority

concurrent must be looked for in the States; that is to say, Sir,

stripping the matter of this novelty of phrase, that the dissent of one

or more States, as States, renders void the decision of a majority of

Congress, so far as that State is concerned. And so this doctrine,

running but a short career, like other dogmas of the day, terminates in

nullification.

If this vehement invective against _majorities_ meant no more than

that, in the construction of government, it is wise to provide checks

and balances, so that there should be various limitations on the power

of the mere majority, it would only mean what the Constitution of the

United States has already abundantly provided. It is full of such

checks and balances. In its very organization, it adopts a broad and

most effective principle in restraint of the power of mere majorities.

A majority of the people elects the House of Representatives, but it

does not elect the Senate. The Senate is elected by the States, each

State having, in this respect, an equal power. No law, therefore, can

pass, without the assent of the representatives of the people, and a

majority of the representatives of the States also. A majority of the

representatives of the people must concur, and a majority of the States

must concur, in every act of Congress; and the President is elected on

a plan compounded of both these principles. But having composed one

house of representatives chosen by the people in each State, according

to their numbers, and the other of an equal number of members from

every State, whether larger or smaller, the Constitution gives to

majorities in these houses thus constituted the full and entire power

of passing laws, subject always to the constitutional restrictions and

to the approval of the President. To subject them to any other power is

clear usurpation. The majority of one house may be controlled by the

majority of the other; and both may be restrained by the President's

negative. These are checks and balances provided by the Constitution,

existing in the government itself, and wisely intended to secure

deliberation and caution in legislative proceedings. But to resist the

will of the majority in both houses, thus constitutionally exercised;

to insist on the lawfulness of interposition by an extraneous power; to

claim the right of defeating the will of Congress, by setting up

against it the will of a single State,--is neither more nor less, as it

strikes me, than a plain attempt to overthrow the government. The

constituted authorities of the United States are no longer a

government, if they be not masters of their own will; they are no

longer a government, if an external power may arrest their proceedings;

they are no longer a government, if acts passed by both houses, and

approved by the President, may be nullified by State vetoes or State

ordinances. Does any one suppose it could make any difference, as to

the binding authority of an act of Congress, and of the duty of a State

to respect it, whether it passed by a mere majority of both houses, or

by three fourths of each, or the unanimous vote of each? Within the

limits and restrictions of the Constitution, the government of the

United States, like all other popular governments, acts by majorities.

It can act no otherwise. Whoever, therefore, denounces the government

of majorities, denounces the government of his own country, and

denounces all free governments. And whoever would restrain these

majorities, while acting within their constitutional limits, by an

external power, whatever he may intend, asserts principles which, if

adopted, can lead to nothing else than the destruction of the

government itself.

Does not the gentleman perceive, Sir, how his argument against

majorities might here be retorted upon him? Does he not see how

cogently he might be asked, whether it be the character of

nullification to practise what it preaches? Look to South Carolina, at

the present moment. How far are the rights of minorities there

respected? I confess, sir, I have not known, in peaceable times, the

power of the majority carried with a higher hand, or upheld with more

relentless disregard of the rights, feelings, and principles of the

minority;--a minority embracing, as the gentleman himself will admit, a

large portion of the worth and respectability of the state;--a minority

comprehending in its numbers men who have been associated with him, and

with us, in these halls of legislation; men who have served their

country at home and honored it abroad; men who would cheerfully lay

down their lives for their native state, in any cause which they could

regard as the cause of honor and duty; men above fear, and above

reproach, whose deepest grief and distress spring from the conviction,

that the present proceedings of the state must ultimately reflect

discredit upon her. How is this minority, how are these men, regarded?

They are enthralled and disfranchised by ordinances and acts of

legislation; subjected to tests and oaths incompatible, as they

conscientiously think, with oaths already taken, and obligations

already assumed; they are proscribed and denounced as recreants to duty

and patriotism, and slaves to a foreign power. Both the spirit which

pursues them, and the positive measures which emanate from that spirit,

are harsh and proscriptive beyond all precedent within my knowledge,

except in periods of professed revolution.

It is not, sir, one would think, for those who approve these

proceedings to complain of the power of majorities.

Mr. President, all popular governments rest on two principles, or two

assumptions:--

First, That there is so far a common interest among those over whom the

government extends, as that it may provide for the defence, protection,

and good government of the whole, without injustice or oppression to

parts; and

Secondly, That the representatives of the people, and especially the

people themselves, are secure against general corruption, and may be

trusted, therefore, with the exercise of power.

Whoever argues against these principles argues against the

practicability of all free governments. And whoever admits these, must

admit, or cannot deny, that power is as safe in the hands of Congress

as in those of other representative bodies. Congress is not

irresponsible. Its members are agents of the people, elected by them,

answerable to them, and liable to be displaced or superseded, at their

pleasure; and they possess as fair a claim to the confidence of the

people, while they continue to deserve it, as any other public

political agents.

If, then, Sir, the manifest intention of the Convention, and the

contemporary admission of both friends and foes, prove anything; if the

plain text of the instrument itself, as well as the necessary

implication from other provisions, prove anything; if the early

legislation of Congress, the course of judicial decisions, acquiesced

in by all the States for forty years, prove any thing,--then it is

proved that there is a supreme law, and a final interpreter.

My fourth and last proposition, Mr. President, was, that any attempt by

a State to abrogate or nullify acts of Congress is a usurpation on the

powers of the general government and on the equal rights of other

States, a violation of the Constitution, and a proceeding essentially

revolutionary. This is undoubtedly true, if the preceding propositions

be regarded as proved. If the government of the United States be

trusted with the duty, in any department, of declaring the extent of

its own powers, then a State ordinance, or act of legislation,

authorizing resistance to an act of Congress, on the alleged ground of

its unconstitutionality, is manifestly a usurpation upon its powers. If

the States have equal rights in matters concerning the whole, then for

one State to set up her judgment against the judgment of the rest, and

to insist on executing that judgment by force, is also a manifest

usurpation on the rights of other States. If the Constitution of the

United States be a government proper, with authority to pass laws, and

to give them a uniform interpretation and execution, then the

interposition of a State, to enforce her own construction, and to

resist, as to herself, that law which binds the other States, is a

violation of the Constitution.

If that be revolutionary which arrests the legislative, executive, and

judicial power of government, dispenses with existing oaths and

obligations of obedience, and elevates another power to supreme

dominion, then nullification is revolutionary. Or if that be

revolutionary the natural tendency and practical effect of which are to

break the Union into fragments, to sever all connection among the

people of the respective States, and to prostrate this general

government in the dust, then nullification is revolutionary.

Nullification, Sir, is as distinctly revolutionary as secession; but I

cannot say that the revolution which it seeks is one of so respectable

a character. Secession would, it is true, abandon the Constitution

altogether; but then it would profess to abandon it. Whatever other

inconsistencies it might run into, one, at least, it would avoid. It

would not belong to a government, while it rejected its authority. It

would not repel the burden, and continue to enjoy the benefits. It

would not aid in passing laws which others are to obey, and yet reject

their authority as to itself. It would not undertake to reconcile

obedience to public authority with an asserted right of command over

that same authority. It would not be in the government, and above the

government, at the same time. But though secession may be a more

respectable mode of attaining the object than nullification, it is not

more truly revolutionary. Each, and both, resist the constitutional

authorities; each, and both, would sever the Union and subvert the

government.

Mr. President, having detained the Senate so long already, I will not

now examine at length the ordinance and laws of South Carolina. These

papers are well drawn for their purpose. Their authors understood their

own objects. They are called a peaceable remedy, and we have been told

that South Carolina, after all, intends nothing but a lawsuit. A very

few words, Sir, will show the nature of this peaceable remedy, and of

the lawsuit which South Carolina contemplates.

In the first place, the ordinance declares the law of last July, and

all other laws of the United States laying duties, to be absolutely

null and void, and makes it unlawful for the constituted authorities of

the United States to enforce the payment of such duties. It is

therefore, Sir, an indictable offence, at this moment, in South

Carolina, for any person to be concerned in collecting revenue under

the laws of the United States. It being declared, by what is considered

a fundamental law of the State, unlawful to collect these duties, an

indictment lies, of course, against any one concerned in such

collection; and he is, on general principles, liable to be punished by

fine and imprisonment. The terms, it is true, are, that it is unlawful

"to enforce the payment of duties"; but every custom-house officer

enforces payment while he detains the goods in order to obtain such

payment. The ordinance, therefore, reaches everybody concerned in the

collection of the duties.

This is the first step in the prosecution of the peaceable remedy. The

second is more decisive. By the act commonly called _replevin_ law, any

person whose goods are seized or detained by the collector for the

payment of duties may sue out a writ of replevin, and, by virtue of

that writ, the goods are to be restored to him. A writ of replevin is a

writ which the sheriff is bound to execute, and for the execution of

which he is bound to employ force, if necessary. He may call out the

_posse_, and must do so, if resistance be made. This _posse_ may be

armed or unarmed. It may come forth with military array, and under the

lead of military men. Whatever number of troops may be assembled in

Charleston, they may be summoned, with the governor, or

commander-in-chief, at their head, to come in aid of the sheriff. It is

evident, then, Sir, that the whole military power of the State is to be

employed, if necessary, in dispossessing the custom-house officers, and

in seizing and holding the goods, without paying the duties. This is

the second step in the peaceable remedy.

Sir, whatever pretences may be set up to the contrary, this is the

direct application of force, and of military force. It is unlawful, in

itself, to replevy goods in the custody of the collectors. But this

unlawful act is to be done, and it is to be done by force. Here is a

plain interposition, by physical force, to resist the laws of the

Union. The legal mode of collecting duties is to detain the goods till

such duties are paid or secured. But force comes, and overpowers the

collector and his assistants, and takes away the goods, leaving the

duties unpaid. There cannot be a clearer case of forcible resistance to

law. And it is provided that the goods thus seized shall be held

against any attempt to retake them, by the same force which seized them.

Having thus dispossessed the officers of the government of the goods,

without payment of duties, and seized and secured them by the strong

arm of the State, only one thing more remains to be done, and that is,

to cut off all possibility of legal redress; and that, too, is

accomplished, or thought to be accomplished. The ordinance declares,

_that all judicial proceedings founded on the revenue laws_ (including,

of course, proceedings in the courts of the United States), _shall be

null and void_. This nullifies the judicial power of the United States.

Then comes the test-oath act. This requires all State judges and jurors

in the State courts to swear that they will execute the ordinance, and

all acts of the legislature passed in pursuance thereof. The ordinance

declares, that no appeal shall be allowed from the decision of the

State courts to the Supreme Court of the United States; and the

replevin act makes it an indictable offence for any clerk to furnish a

copy of the record, for the purpose of such appeal.

The two principal provisions on which South Carolina relies, to resist

the laws of the United States, and nullify the authority of this

government, are, therefore, these:--

1. A forcible seizure of goods, before duties are paid or secured, by

the power of the State, civil and military.

2. The taking away, by the most effectual means in her power, of all

legal redress in the courts of the United States; the confining of

judicial proceedings to her own State tribunals; and the compelling of

her judges and jurors of these her own courts to take an oath,

beforehand, that they will decide all cases according to the ordinance,

and the acts passed under it; that is, that they will decide the cause

one way. They do not swear to _try_ it, on its own merits; they only

swear to _decide_ it as nullification requires.

The character, Sir, of these provisions defies comment. Their object is

as plain as their means are extraordinary. They propose direct

resistance, by the whole power of the State, to laws of Congress, and

cut off, by methods deemed adequate, any redress by legal and judicial

authority. They arrest legislation, defy the executive, and banish the

judicial power of this government. They authorize and command acts to

be done, and done by force, both of numbers and of arms, which, if

done, and done by force, are clearly acts of rebellion and treason.

Such, Sir, are the laws of South Carolina; such, Sir, is the peaceable

remedy of nullification. Has not nullification reached, Sir, even thus

early, that point of direct and forcible resistance to law to which I

intimated, three years ago, it plainly tended?

And now, Mr. President, what is the reason for passing laws like these?

What are the oppressions experienced under the Union, calling for

measures which thus threaten to sever and destroy it? What invasions of

public liberty, what ruin to private happiness, what long list of

rights violated, or wrongs unredressed, is to justify to the country,

to posterity, and to the world, this assault upon the free Constitution

of the United States, this great and glorious work of our fathers? At

this very moment, Sir, the whole land smiles in peace, and rejoices in

plenty. A general and a high prosperity pervades the country; and,

judging by the common standard, by increase of population and wealth,

or judging by the opinions of that portion of her people not embarked

in these dangerous and desperate measures, this prosperity overspreads

South Carolina herself.

Thus happy at home, our country, at the same time, holds high the

character of her institutions, her power, her rapid growth, and her

future destiny, in the eyes of all foreign states. One danger only

creates hesitation; one doubt only exists, to darken the otherwise

unclouded brightness of that aspect which she exhibits to the view and

to the admiration of the world. Need I say, that that doubt respects

the permanency of our Union? and need I say, that that doubt is now

caused, more than any thing else, by these very proceedings of South

Carolina? Sir, all Europe is, at this moment, beholding us, and looking

for the issue of this controversy; those who hate free institutions,

with malignant hope; those who love them, with deep anxiety and

shivering fear.

The cause, then, Sir, the cause! Let the world know the cause which has

thus induced one State of the Union to bid defiance to the power of the

whole, and openly to talk secession. Sir, the world will scarcely

believe that this whole controversy, and all the desperate measures

which its support requires, have no other foundation than a difference

of opinion upon a provision of the Constitution, between a majority of

the people of South Carolina, on one side, and a vast majority of the

whole people of the United States, on the other. It will not credit the

fact, it will not admit the possibility, that, in an enlightened age,

in a free, popular republic, under a constitution where the people

govern, as they must always govern under such systems, by majorities,

at a time of unprecedented prosperity, without practical oppression,

without evils such as may not only be pretended, but felt and

experienced,--evils not slight or temporary, but deep, permanent, and

intolerable,--a single State should rush into conflict with all the

rest, attempt to put down the power of the Union by her own laws, and

to support those laws by her military power, and thus break up and

destroy the world's last hope. And well the world may be incredulous.

We, who see and hear it, can ourselves hardly yet believe it. Even

after all that had preceded it this ordinance struck the country with

amazement. It was incredible and inconceivable that South Carolina

should plunge headlong into resistance to the laws on a matter of

opinion and on a question in which the preponderance of opinion, both

of the present day and of all past time, was so overwhelmingly against

her. The ordinance declares that Congress has exceeded its just power

by laying duties on imports, intended for the protection of

manufactures. This is the opinion of South Carolina; and on the

strength of that opinion she nullifies the laws. Yet has the rest of

the country no right to its opinion also? Is one State to sit sole

arbitress? She maintains that those laws are plain, deliberate, and

palpable violations of the Constitution; that she has a sovereign right

to decide this matter; and that, having so decided, she is authorized

to resist their execution by her own sovereign power; and she declares

that she will resist it, though such resistance should shatter the

Union into atoms.

Mr. President, I do not intend to discuss the propriety of these laws

at large; but I will ask, How are they shown to be thus plainly and

palpably unconstitutional? Have they no countenance at all in the

Constitution itself? Are they quite new in the history of the

government? Are they a sudden and violent usurpation on the rights of

the States? Sir, what will the civilized world say, what will posterity

say, when they learn that similar laws have existed from the very

foundation of the government, that for thirty years the power was never

questioned, and that no State in the Union has more freely and

unequivocally admitted it than South Carolina herself?

To lay and collect duties and imposts is an _express power_ granted by

the Constitution to Congress. It is, also, an _exclusive power_; for

the Constitution as expressly prohibits all the States from exercising

it themselves. This express and exclusive power is unlimited in the

terms of the grant, but is attended with two specific restrictions:

first, that all duties and imposts shall be equal in all the States;

second, that no duties shall be laid on exports. The power, then, being

granted, and being attended with these two restrictions, and no more,

who is to impose a third restriction on the general words of the grant?

If the power to lay duties, as known among all other nations, and as

known in all our history, and as it was perfectly understood when the

Constitution was adopted, includes a right of discriminating while

exercising the power, and of laying some duties heavier and some

lighter, for the sake of encouraging our own domestic products, what

authority is there for giving to the words used in the Constitution a

new, narrow, and unusual meaning? All the limitations which the

Constitution intended, it has expressed; and what it has left

unrestricted is as much a part of its will as the restraints which it

has imposed.

But these laws, it is said, are unconstitutional on account of the

_motive_. How, Sir, can a law be examined on any such ground? How is

the motive to be ascertained? One house, or one member, may have one

motive; the other house, or another member, another. One motive may

operate to-day, and another to-morrow. Upon any such mode of reasoning

as this, one law might be unconstitutional now, and another law, in

exactly the same words, perfectly constitutional next year. Besides,

articles may not only be taxed for the purpose of protecting home

products, but other articles may be left free, for the same purpose and

with the same motive. A law, therefore, would become unconstitutional

from what it omitted, as well as from what it contained. Mr. President,

it is a settled principle, acknowledged in all legislative halls,

recognized before all tribunals, sanctioned by the general sense and

understanding of mankind, that there can be no inquiry into the motives

of those who pass laws, for the purpose of determining on their

validity. If the law be within the fair meaning of the words in the

grant of the power, its authority must be admitted until it is

repealed. This rule, everywhere acknowledged, everywhere admitted, is

so universal and so completely without exception, that even an

allegation of fraud, in the majority of a legislature, is not allowed

as a ground to set aside a law.

But, Sir, is it true that the motive for these laws is such as is

stated? I think not. The great object of all these laws is,

unquestionably, revenue. If there were no occasion for revenue, the

laws would not have been passed; and it is notorious that almost the

entire revenue of the country is derived from them. And as yet we have

collected none too much revenue. The treasury has not been more reduced

for many years than it is at the present moment. All that South

Carolina can say is, that, in passing the laws which she now undertakes

to nullify, _particular imparted articles were taxed, from a regard to

the protection of certain articles of domestic manufacture, higher than

they would have been had no such regard been entertained_. And she

insists, that, according to the Constitution, no such discrimination

can be allowed; that duties should be laid for revenue, and revenue

only; and that it is unlawful to have reference, in any case, to

protection. In other words, she denies the power of DISCRIMINATION. She

does not, and cannot, complain of excessive taxation; on the contrary,

she professes to be willing to pay any amount for revenue, merely as

revenue; and up to the present moment there is no surplus of revenue.

Her grievance, then, that plain and palpable violation of the

Constitution which she insists has taken place, is simply the exercise

of the power of DISCRIMINATION. Now, Sir, is the exercise of this power

of discrimination plainly and palpably unconstitutional?

I have already said, the power to lay duties is given by the

Constitution in broad and general terms. There is also conferred on

Congress the whole power of regulating commerce, in another distinct

provision. Is it clear and palpable, Sir, can any man say it is a case

beyond doubt, that, under these two powers, Congress may not justly

_discriminate_, in laying duties, _for the purpose of countervailing

the policy of foreign nations, or of favoring our own home

productions?_ Sir, what ought to conclude this question for ever, as it

would seem to me, is, that the regulation of commerce and the

imposition of duties are, in all commercial nations, powers avowedly

and constantly exercised for this very end. That undeniable truth ought

to settle the question; because the Constitution ought to be

considered, when it uses well-known language, as using it in its

well-known sense. But it is equally undeniable, that it has been, from

the very first, fully believed that this power of discrimination was

conferred on Congress; and the Constitution was itself recommended,

urged upon the people, and enthusiastically insisted on in some of the

States, for that very reason. Not that, at that time, the country was

extensively engaged in manufactures, especially of the kinds now

existing. But the trades and crafts of the seaport towns, the business

of the artisans and manual laborers,--those employments, the work in

which supplies so great a portion of the daily wants of all

classes,--all these looked to the new Constitution as a source of

relief from the severe distress which followed the war. It would, Sir,

be unpardonable, at so late an hour, to go into details on this point;

but the truth is as I have stated. The papers of the day, the

resolutions of public meetings, the debates in the conventions, all

that we open our eyes upon in the history of the times, prove it.

Sir, the honorable gentleman from South Carolina has referred to two

incidents connected with the proceedings of the Convention at

Philadelphia, which he thinks are evidence to show that the power of

protecting manufactures by laying duties, and by commercial

regulations, was not intended to be given to Congress. The first is, as

he says, that a power to protect manufactures was expressly proposed,

but not granted. I think, Sir, the gentleman is quite mistaken in

relation to this part of the proceedings of the Convention. The whole

history of the occurrence to which he alludes is simply this. Towards

the conclusion of the Convention, after the provisions of the

Constitution had been mainly agreed upon, after the power to lay duties

and the power to regulate commerce had both been granted, a long list

of propositions was made and referred to the committee, containing

various miscellaneous powers, some or all of which it was thought might

be properly vested in Congress. Among these was a power to establish a

university; to grant charters of incorporation; to regulate

stage-coaches on the post-roads; and also the power to which the

gentleman refers, and which is expressed in these words: "To establish

public institutions, rewards, and immunities, for the promotion of

agriculture, commerce, trades, and manufactures." The committee made no

report on this or various other propositions in the same list. But the

only inference from this omission is, that neither the committee nor

the Convention thought it proper to authorize Congress "to establish

public institutions, rewards, and immunities," for the promotion of

manufactures, and other interests. The Convention supposed it had done

enough,--at any rate, it had done all it intended,--when it had given

to Congress, in general terms, the power to lay imposts and the power

to regulate trade. It is not to be argued, from its omission to give

more, that it meant to take back what it had already given. It had

given the impost power; it had given the regulation of trade; and it

did not deem it necessary to give the further and distinct power of

establishing public institutions.

The other fact, Sir, on which the gentleman relies, is the declaration

of Mr. Martin to the legislature of Maryland. The gentleman supposes

Mr. Martin to have urged against the Constitution, that it did not

contain the power of protection. But if the gentleman will look again

at what Mr. Martin said, he will find, I think, that what Mr. Martin

complained of was, that the Constitution, by its prohibitions on the

States, had taken away from the States themselves the power of

protecting their own manufactures by duties on imports. This is

undoubtedly true; but I find no expression of Mr. Martin intimating

that the Constitution had not conferred on Congress the same power

which it had thus taken from the States.

But, Sir, let us go to the first Congress; let us look in upon this and

the other house, at the first session of their organization.

We see, in both houses, men distinguished among the framers, friends,

and advocates of the Constitution. We see in both, those who had drawn,

discussed, and matured the instrument in the Convention, explained and

defended it before the people, and were now elected members of

Congress, to put the new government into motion, and to carry the

powers of the Constitution into beneficial execution. At the head of

the government was WASHINGTON himself, who had been President of the

Convention; and in his cabinet were others most thoroughly acquainted

with the history of the Constitution, and distinguished for the part

taken in its discussion. If these persons were not acquainted with the

meaning of the Constitution, if they did not undergo stand the work of

their own hands, who can understand it, or who shall now interpret it

to us?

Sir, the volume which records the proceedings and debates of the first

session of the House of Representatives lies before me. I open it, and

I find that, having provided for the administration of the necessary

oaths, the very first measure proposed for consideration is, the laying

of imposts; and in the very first committee of the whole into which the

House of Representatives ever resolved itself, on this its earliest

subject, and in this its very first debate, the duty of so laying the

imposts as to encourage manufactures was advanced and enlarged upon by

almost every speaker, and doubted or denied by none. The first

gentleman who suggests this as the clear duty of Congress, and as an

object necessary to be attended to, is Mr. Fitzsimons, of Pennsylvania;

the second, Mr. White, of Virginia; the third, Mr. Tucker, of South

Carolina.

But the great leader, Sir, on this occasion, was Mr. Madison. Was _he_

likely to know the intentions of the Convention and the people? Was

_he_ likely to understand the Constitution? At the second sitting of

the committee, Mr. Madison explained his own opinions of the duty of

Congress, fully and explicitly. I must not detain you, Sir, with more

than a few short extracts from these opinions, but they are such as are

clear, intelligible, and decisive. "The States," says he, "that are

most advanced in population, and ripe for manufacturers, ought to have

their particular interest attended to, in some degree. While these

States retained the power of making regulations of trade, they had the

power to cherish such institutions. By adopting the present

Constitution, they have thrown the exercise of this power into other

hands; they must have done this with an expectation that those

interests would not be neglected here." In another report of the same

speech, Mr. Madison is represented as using still stronger language; as

saying that, the Constitution having taken this power away from the

States and conferred it on Congress, it would be a _fraud_ on the

States and on the people were Congress to refuse to exercise it.

Mr. Madison argues, Sir, on this early and interesting occasion, very

justly and liberally, in favor of the general principles of

unrestricted commerce. But he argues, also, with equal force and

clearness, for certain important exceptions to these general

principles. The first, Sir, respects those manufactures which had been

brought forward under encouragement by the State governments. "It would

be cruel," says Mr. Madison, "to neglect them, and to divert their

industry into other channels; for it is not possible for the hand of

man to shift from one employment to another without being injured by

the change." Again: "There may be some manufactures which, being once

formed, can advance towards perfection without any adventitious aid;

while others, for want of the fostering hand of government, will be

unable to go on at all. Legislative provision, therefore, will be

necessary to collect the proper objects for this purpose; and this will

form another exception to my general principle." And again: "The next

exception that occurs is one on which great stress is laid by some

well-informed men, and this with great plausibility; that each nation

should have, within itself, the means of defence, independent of

foreign supplies; that, in whatever relates to the operations of war,

no State ought to depend upon a precarious supply from any part of the

world. There may be some truth in this remark; and therefore it is

proper for legislative attention."

In the same debate, Sir, Mr. Burk, from South Carolina, supported a

duty on hemp, for the express purpose of encouraging its growth on the

strong lands of South Carolina. "Cotton," he said, "was also in

contemplation among them, and, if good seed could be procured, he hoped

might succeed." Afterwards, Sir, the cotton was obtained, its culture

was protected, and it did succeed. Mr. Smith, a very distinguished

member from the same state, observed: "It has been said, and justly,

that the States which adopted this Constitution expected its

administration would be conducted with a favorable hand. The

manufacturing States wished the encouragement of manufactures, the

maritime States the encouragement of shipbuilding, and the agricultural

States the encouragement of agriculture."

Sir, I will detain the Senate by reading no more extracts from these

debates. I have already shown a majority of the members of South

Carolina, in this very first session, acknowledging this power of

protection, voting for its exercise, and proposing its extension to

their own products. Similar propositions came from Virginia; and,

indeed, Sir, in the whole debate, at whatever page you open the volume,

you find the power admitted, and you find it applied to the protection

of particular articles, or not applied, according to the discretion of

Congress. No man denied the power, no man doubted it; the only

questions were, in regard to the several articles proposed to be taxed,

whether they were fit subjects for protection, and what the amount of

that protection ought to be. Will gentlemen, Sir, now answer the

argument drawn from these proceedings of the first Congress? Will they

undertake to deny that that Congress did act on the avowed principle of

protection? Or, if they admit it, will they tell us how those who

framed the Constitution fell, thus early, into this great mistake about

its meaning? Will they tell us how it should happen that they had so

soon forgotten their own sentiments and their own purposes? I confess I

have seen no answer to this argument, nor any respectable attempt to

answer it. And, Sir, how did this debate terminate? What law was

passed? There it stands, Sir, among the statutes, the second law in the

book. It has a _preamble_, and that preamble expressly recites, that

the duties which it imposes are laid "for the support of government,

for the discharge of the debts of the United States, and _the

encouragement and protection of manufactures_." Until, Sir, this early

legislation, thus coeval with the Constitution itself, thus full and

explicit, can be explained away, no man can doubt of the meaning of

that instrument in this respect.

Mr. President, this power of _discrimination_, thus admitted, avowed,

and practised upon in the first revenue act, has never been denied or

doubted until within a few years past. It was not at all doubted in

1816, when it became necessary to adjust the revenue to a state of

peace. On the contrary, the power was then exercised, not without

opposition as to its expediency, but, as far as I remember or have

understood, without the slightest opposition founded on any supposed

want of constitutional authority. Certainly, South Carolina did not

doubt it. The tariff of 1816 was introduced, carried through, and

established, under the lead of South Carolina. Even the minimum policy

is of South Carolina origin. The honorable gentleman himself supported,

and ably supported, the tariff of 1816. He has informed us, Sir, that

his speech on that occasion was sudden and off-hand, he being called up

by the request of a friend. I am sure the gentleman so remembers it,

and that it was so; but there is, nevertheless, much method,

arrangement, and clear exposition in that extempore speech. It is very

able, very, very much to the point, and very decisive. And in another

speech, delivered two months earlier, on the proposition to repeal the

internal taxes, the honorable gentleman had touched the same subject,

and had declared "_that a certain encouragement ought to be extended at

least to our woollen and cotton manufactures_." I do not quote these

speeches, Sir, for the purpose of showing that the honorable gentleman

has changed his opinion: my object is other and higher. I do it for the

sake of saying that that cannot be so plainly and palpably

unconstitutional as to warrant resistance to law, nullification, and

revolution, which the honorable gentleman and his friends have

heretofore agreed to and acted upon without doubt and without

hesitation. Sir, it is no answer to say that the tariff of 1816 was a

revenue bill. So are they all revenue bills. The point is, and the

truth is, that the tariff of 1816, like the rest, _did discriminate_;

it did distinguish one article from another; it did lay duties for

protection. Look to the case of coarse cottons under the minimum

calculation: the duty on these was from sixty to eighty per cent.

Something beside revenue, certainly, was intended in this; and, in

fact, the law cut up our whole commerce with India in that article.

It is, Sir, only within a few years that Carolina has denied the

constitutionality of these protective laws. The gentleman himself has

narrated to us the true history of her proceedings on this point. He

says, that, after the passing of the law of 1828, despairing then of

being able to abolish the system of protection, political men went

forth among the people, and set up the doctrine that the system was

unconstitutional. "_And the people_," says the honorable gentleman,

"_received the doctrine_." This, I believe, is true, Sir. The people

did then receive the doctrine; they had never entertained it before.

Down to that period, the constitutionality of these laws had been no

more doubted in South Carolina than elsewhere. And I suspect it is

true, Sir, and I deem it a great misfortune, that, to the present

moment, a great portion of the people of the State have never yet seen

more than one side of the argument. I believe that thousands of honest

men are involved in scenes now passing, led away by one-sided views of

the question, and following their leaders by the impulses of an

unlimited confidence. Depend upon it, Sir, if we can avoid the shock of

arms, a day for reconsideration and reflection will come; truth and

reason will act with their accustomed force, and the public opinion of

South Carolina will be restored to its usual constitutional and

patriotic tone.

But, Sir, I hold South Carolina to her ancient, her cool, her

uninfluenced, her deliberate opinions. I hold her to her own

admissions, nay, to her own claims and pretensions, in 1789, in the

first Congress, and to her acknowledgments and avowed sentiments

through a long series of succeeding years. I hold her to the principles

on which she led Congress to act in 1816; or, if she have changed her

own opinions, I claim some respect for those who still retain the same

opinions. I say she is precluded from asserting that doctrines, which

she has herself so long and so ably sustained, are plain, palpable, and

dangerous violations of the Constitution. Mr. President, if the friends

of nullification should be able to propagate their opinions, and give

them practical effect, they would, in my judgment, prove themselves the

most skilful "architects of ruin," the most effectual extinguishers of

high-raised expectation, the greatest blasters of human hopes, that any

age has produced. They would stand up to proclaim, in tones which would

pierce the ears of half the human race, that the last great experiment

of representative government had failed. They would send forth sounds,

at the hearing of which the doctrine of the divine right of kings would

feel, even in its grave, a returning sensation of vitality and

resuscitation. Millions of eyes, of those who now feed their inherent

love of liberty on the success of the American example, would turn away

from beholding our dismemberment, and find no place on earth whereon to

rest their gratified sight. Amidst the incantations and orgies of

nullification, secession, disunion, and revolution, would be celebrated

the funeral rites of constitutional and republican liberty.

But, Sir, if the government do its duty, if it act with firmness and

with moderation, these opinions cannot prevail. Be assured, Sir, be

assured, that, among the political sentiments of this people, the love

of union is still uppermost. They will stand fast by the Constitution,

and by those who defend it. I rely on no temporary expedients, on no

political combination; but I rely on the true American feeling, the

genuine patriotism of the people, and the imperative decision of the

public voice. Disorder and confusion, indeed, may arise; scenes of

commotion and contest are threatened, and perhaps may come. With my

whole heart, I pray for the continuance of the domestic peace and quiet

of the country.

I desire, most ardently, the restoration of affection and harmony to

all its parts. I desire that every citizen of the whole country may

look to this government with no other sentiments than those of grateful

respect and attachment. But I cannot yield even to kind feelings the

cause of the Constitution, the true glory of the country, and the great

trust which we hold in our hands for succeeding ages. If the

Constitution cannot be maintained without meeting these scenes of

commotion and contest, however unwelcome, they must come. We cannot, we

must not, we dare not, omit to do that which, in our judgment, the

safety of the Union requires. Not regardless of consequences, we must

yet meet consequences; seeing the hazards which surround the discharge

of public duty, it must yet be discharged. For myself, Sir, I shun no

responsibility justly devolving on me, here or elsewhere, in attempting

to maintain the cause. I am bound to it by indissoluble ties of

affection and duty, and I shall cheerfully partake in its fortunes and

its fate. I am ready to perform my own appropriate part, whenever and

wherever the occasion may call on me, and to take my chance among those

upon whom blows may fall first and fall thickest. I shall exert every

faculty I possess in aiding to prevent the Constitution from being

nullified, destroyed, or impaired; and even should I see it fall, I

will still, with a voice feeble, perhaps, but earnest as ever issued

from human lips, and with fidelity and zeal which nothing shall

extinguish, call on the PEOPLE to come to its rescue. [2]

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