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 in 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 temporaly 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 any thing, 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 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 of 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 populpr 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 any thing; if the

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

implication from other provisions, prove any thing; 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

unconstitutionally, 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 the _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 power. 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 of 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 imported 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 contentions, 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 understand 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 manufactures, 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

ship-building, 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.

[Footnote 1: Mr. Rives.]

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