JANUARY, 1833.]

Public Lands-Colonization Society.

[SENATE.

tion; that the Supreme Court of the United States is the proper and only tribunal in the last resort for the decision of all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority; that reinalienable right of all men to resist oppression, is sistance to the laws, founded on the inherent and

in which they were executed, in the prosecution | pressly ceded to that Government by the constituof a man for two acorns! It could not be supposed that Massachusetts and Maine, when they became joint owners of the federal lands, would be more lenient to the remote settlers of the West than to their own citizens; and thus the price of land might be raised double as high as it was at present, without the formality of an act of Congress.

Mr. B. made an animated appeal to the Senate against the corrupting tendencies of the distributive system. He rapidly traced its ruinous effect upon the Roman elections, from the small beginning when candidates for the consulship would procure distribution of the public corn to the poorer class of voters, down to the time when the aspirants to the imperial diadem openly bid against each other for the support of the prætorian cohorts, and promised each soldier so many pounds of gold out of the public treasury for his vote. He warned the Senate not to commence such a system in this America. Its inevitable tendency was to run into the gulf of corruption, and to put up the highest office of the republic at auction sale. If the voters once condescended to receive distributions, whether from a public or private fund, the next step would inevitably be to look out for the hand that could, and would, distribute most. Private fortunes, in this country, could not furnish the means of lavishing benefactions on millions of voters; the public funds could alone do it; and he called upon all considerate men to say where the practice would stop, if it once began?

The bill being reported as amended, and the amendments concurred in, the bill was ordered to be engrossed, and read a third time.

FRIDAY, January 25.

Powers of the Government-Mr. John M. Clayton's Resolution.

Mr. CLAYTON Submitted the following resolution, which was read, laid on the table, and ordered to be printed:

in its nature revolutionary and extra-constitutional; United States, while willing to concede every thing and that, entertaining these views, the Senate of the to an honest difference of opinion which can be yielded consistently with the honor and interest of the nation, will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and clothe it with all constitutional power necessary to the faithful execution of the laws and the preservation of the Union.

Public Lands-Colonization.

The bill appropriating, for a limited time, the proceeds of the sales of the public lands, &c., was read a third time.

Mr. WILKINS stated, that last evening, when some of the amendments proposed in the public lands bill were under consideration, several of the Senators were absent. He was willing that in reference to one of these questions, a fuller expression of the sense of the Senate should be taken; but he was desirous that the motion he was about to make should not be received as indicating any change of opinion on his part. He then moved to reconsider the vote of last evening, by which the Senate refused to strike out the words "colonization of free persons of color."

Some conversation took place on the point of order, and then on the propriety of the motion; and the question being finally taken, the motion was decided by-yeas 18, nays 27.

Mr. FORSYTH moved to recommit the bill, with instructions to strike out the words "colonization of free people of color." In support of his motion, he said many of the managers of the Colonization Society are well known and distinguished. At their annual meeting there had been an evident wish manifested to turn

Resolved, That the power to annul the several acts the attention of the public to the society, and of Congress imposing duties on imports, or any other law of the United States, when assumed by a enlist the Government in its behalf. Two of single State, is "incompatible with the existence our most distinguished citizens, President Madof the Union, contradicted expressly by the letter ison and Chief Justice Marshall, had expressed of the constitution, unauthorized by its spirit, in- their views in relation to the society. The consistent with every principle on which it was committee had suggested an appropriation of founded, and destructive of the great object for the public lands to the objects of the society; which it was formed;" that the people of these but he also had doubted the power of Congress United States are, for the purposes enumerated in to make it, and had proposed that the constitutheir constitution, one people and a single nation, tion should be so altered as to confer the power. having delegated full power to their common agents Mr. Marshall was both in favor of the approto preserve and defend their national interests for priations, and deemed it now constitutional. the purpose of attaining the great end of all govern- But Mr. F. thought there was a general impresment-the safety and happiness of the governed; that while the constitution does provide for the in- sion on the minds of Congress that the Governterest and safety of all the States, it does not secure ment does not possess the power. He said the all the rights of independent sovereignty to any; object of the bill was to do indirectly what that the allegiance of the people is rightfully due, Congress felt it had not the power to do directly. as it has been freely given, to the General Govern- If the bill pass, what will follow? The Coloment, to the extent of all the sovereign power ex-nization Society has no official or political

SENATE.]

Revenue Collection Bill-Nullification.

(JANUARY, 1833. weight or importance; and what will be the | moved to strike out the words designating the consequences of their sending out fifteen hun-three specific objects of appropriation. dred or two thousand colonists to the coast of Mr. FORSYTH withdrew his motion. Africa? Every one may do as he pleases with Mr. CLAY asked a division of the question, so regard to it in his individual capacity, but I de- as first to consider the general question of resire that it may not be connected with the Gov-committing at all.

ernment.

On the question of recommitment, there were yeas 20, nays 23.

On the question of postponement-yeas 21, nays 24.

The bill was then passed by the following vote:

Dallas, Dickerson, Dudley, Ewing, Foot, FrelingYEAS.-Messrs. Bell, Chambers, Clay, Clayton, huysen, Hendricks, Holmes, Johnston, Knight, Poiudexter, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tomlinson, Waggaman, Wilkins-24.

NAYS.-Messrs. Benton, Black, Brown, Buckner, Calhoun, Forsyth, Grundy, Hill, Kane, King, Mangum, Miller, Moore, Rives, Robinson, Smith, Tipton, Tyler, White, Wright-20.

MONDAY, January 28.
Revenue Collection Bill-Nullification.
The Senate then took up the following bill,

stated in the debate.]
[The bill is omitted, its provisions being sufficient-

The Senator from Kentucky thinks it will perform wonders. The original object was to get rid of the free people of color; but that can be done without the aid of the Government. Now, sir, there is another project, and a very great one; one that is to command the approval of all-the civilization of Africa. It is thought that this can best be done by means of colonies. But, look, sir, at Liberia. Here I have a map of the territorial property, of the sovereign jurisdiction of the Colonization Society of the city of Washington, by the Rev. J. Ashmun, [Here he read some remarks from the map, on the territorial jurisdiction of the society.] Sir, this society goes beyond the European notion of acquiring jurisdiction. European sovereignties obtained it by discovery and purchase; the society by purchase alone; and on this sole ground of sovereignty they were actually exerting their authority over twenty thousand people, and expect soon to exert it over one hun-reported by Mr. WILKINS, from the Committee dred and fifty thousand-the inhabitants of the on the Judiciary, on the 21st instant. territory which they hold, two hundred and eighty miles by thirty, over which their juris-ly diction extends. Wars have been waged, and blood has been shed. In the early time of the colony it was attacked by the natives, and three hundred were killed. The agent of the society has waged war; tribes and towns have been conquered; and the spoils divided among the victors. Sir, in most cases of this kind, a claim would have been made on this Government for damages. If the colony were now attacked and destroyed by the resentment which it has provoked, no constitutional power of this Government could hinder its destruction. But if this bill pass, the Government will be involved in its defence. Europe will not allow a colony in Africa thus to grow up and extend, unmolested, while under so feeble prohibition. They will wrest it from the society, unless Government interposes. This bill is a commitment of the Government to protect the colony against all the world. The powers of Government were granted for no such purpose. Mr. F. concluded by saying, that he would dwell no longer on the subject, and that he would not believe that it was the wish of Government to do indirectly what it could not do directly.

Mr. TYLER remarked that there were two other propositions quite as obnoxious to the constitution as the one which had been noticed. Conferring on States the power and the means of internal improvement, and an appropriation, through States, to education, he considered as equally unconstitutional. If one was stricken out, he was in favor of erasing the whole. He preferred that discretionary power of appropriation should remain in the States. He

Mr. WILKINS rose in support of the bill. The position, said he, in which you, Mr. President, have placed me in relation to this body, imposes on me the duty of introducing the present bill to the Senate, and of explaining its provisions. In my mode of discharging this duty I do not consider myself as the representative of other gentlemen on the committee; those gentlemen possess a competence, far beyond mine, to explain and defend the power of the General Government to carry into effect its constitutional laws. The bill is founded upon a Message from the President, communicated on the 16th instant, and proposes to sustain the constitutionality of the doctrines laid down in that adınired state paper. In the outset of the discussion, it is admitted that the bill points to an afflicting state of things existing in a Southern State of the Union; it is not to be disguised that it points to the State of South Carolina. It is not in the contemplation of the committee who reported this bill, to make it assume, in any way, an invidious character. When the gentleman from South Carolina threw out the suggestion that the bill was invidious, he certainly did not intend to impute to the committee a design to give it such a character. So far from being invidious, the bill was made general and sweeping, in its terms and application, for the reason that this course was thought to be more delicate in regard to the State concerned. The provisions of the bill were made general, for the purpose of enforcing everywhere the collection laws of the Union.

The bill presents three very important and momentous considerations: Is there any thing in the circumstances of the country calling for legislation on the subject of the revenue laws? Is the due administration of those laws threatened with impediments? and is this bill suited to such an emergency? He proposed to consider those points, but in a desultory manner. He never shrunk from any moral or political responsibility, but he had no disposition (to use the words of the Senator from North Carolina) to "drum on public sensibility." Neither he nor the State which he represented had any influence in bringing up these questions, but he was prepared to meet the crisis by his vote.

[SENATE.

ples of South Carolina-break the Union into fragments-some chieftain may bring the fragments together, but it will be under a military despotism. He would not say that South Carolina contemplated this result, but he did say that her principles would lead to it. South Carolina, not being able longer to bear the burden of an oppressive law, had determined on resistance.

The excitement raised in the State gave to the party a majority in the Legislature of the State, and a convention was called, under the provision of the State constitution authorizing its amendment. The convention met, and passed what is called the ordinance, establishIt is time (continued Mr. W.) that the prin- ing new and fundamental principles. Without ciples on which the Union depends were dis-repeating it, he would call the attention of the cussed. It is time that Congress expressed an opinion upon them. It is time that the people should bring their judgment to bear on this subject, and settle it forever. The authority of Congress and of the people must settle this question one day or other. There were many enlightened men in the country, men whose integrity and patriotism nobody doubts, who had arrived at opinions in this matter very different from his own, The Senator from South Carolina knows (said Mr. W.) the respect in which I hold him; but I am unwilling to take his judgment on this question as the guide of mine; and I will not agree that the Union depends on the principles which he has advanced. He has offered a document as a plea in bar; if it be established, then a bar is interposed between the powers of the Government and the acts of South Carolina.

The bill is of great importance, not on account of its particular provisions, but of their application to a rapidly approaching crisis, which they were intended to meet. That crisis was in the control of this body, not of any branch of the Government. He would ask the Senator from Mississippi (Mr. POINDEXTER) what authority he had to say that the passage of any bill reducing the tariff would avert the enforcement of the ordinance of South Carolina? He was unwilling to consider that Senator as the representative of the unlimited authority and sovereignty claimed by the State of South Carolina. He would now present to the Senate a view of the position in which South Carolina had placed herself, in order to justify the committee in reporting the bill under consideration. It was not, sir, for the purpose of establishing a military despotism, nor of creating an armed dictator, nor of sending into South Carolina military bands to "cut the throats of women and children," that the committee framed the bill. If any thing can ever establish a military despotism in this country, it is the anarchy and confusion which the principles contended for by the Senator from South Carolina will produce. If we keep together, not "ten years," nor tens of thousands of years, will ever bring the country under the dominion of military despotism. But adopt the princi

Senate to some few of its provisions. It overthrew the whole revenue system. It was not limited to the acts of 1828 or 1832, but ended with a solemn declaration, that, in that State, no taxes should be collected. The addresses of the convention to the people of the United States and of the State of South Carolina used a tone and language not to be misunderstood. They tell you it is necessary for some one State to bring the question to issue-that Carolina will do it-that Carolina had thrown herself into the breach, and would stand foremost in resistance to the laws of the Union; and they solemnly call upon the citizens of the State to stand by the principles of the ordinance, for it is determined that no taxes shall be collected in that State. The ordinance gives the Legislature the power to carry into execution this determination. It contains within itself no seeds of dissolution; it is unlimited as to time; contains no restrictions as to application; provides no means for its amendment, modification, or repeal. In their private, individual capacity, some members of the convention held out the idea which had been advanced by some members of this House, that if the tariff law was made less oppressive, the ordinance would not be enforced."

[Mr. POINDEXTER here remarked, that he said that any new tariff law, even if more oppressive than the law of 1832, were passed, the ordinance would not apply to it.]

If the terms of the ordinance are considered, (continued Mr. W.,) there is no possible mode of arresting it; so sure as time rolls on, and four days pass over our heads, the ordinance, and the laws emanating from it, will lead to the employment of physical force, by the citizens of South Carolina, against the enforcement of the revenue laws. Although many of the most influential citizens of Carolina protested against the idea that any but moral force would be resorted to, yet the excitement and determined spirit of the people would, in his opinion, lead speedily to the employment of physical force. He did not doubt that the Senator from South Carolina abhorred the idea of force; no doubt his excellent heart would bleed at the scene which it would produce;

SENATE.]

Revenue Collection Bill-Nullification.

but he would refer to a passage in the ordinance to prove that it was the intention of its framers to resort to force. Mr. W. here read the third paragraph of the ordinance.

[JANUARY, 1833.

Does the shadow follow the sun? Even so surely will force follow the attempt to disobey

And it is further ordained, that in no case of law or "And it is further ordained, that it shall not be equity, decided in the courts of this State, wherein shall be drawn in question the authority of this ordinance, or the lawful for any of the constituted authorities, whether validity of such act or acts of the Legislature as may be of this State or of the United States, to enforce the passed for the purpose of giving effect thereto, or the payment of duties imposed by the said acts within shall any appeal be taken or allowed to the Supreme Court validity of the aforesaid acts of Congress, imposing duties, the limits of this State; but it shall be the duty of the United States, nor shall any copy of the record be of the Legislature to adopt such measures and pass permitted or allowed for that purpose; and if any such such acts as may be necessary to give full effect to appeal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments, this ordinance, and to prevent the enforcement and according to the laws and usages of the State, without arrest the operation of the said acts and parts of reference to such attempted appeal, and the person or acts of the Congress of the United States within the persons attempting to take such appeal may be dealt with limits of this State, from and after the 1st of Feb- as for a contempt of the court. And it is further ordained, that all persons now holding ruary next; and the duty of all other constituted any office of honor, profit, or trust, civil or military, under authorities, and of persons residing or being within this State, (members of the Legislature excepted, shall, the limits of this State, and they are hereby re- shall prescribe, take an oath well and truly to obey, execute, within such time, and in such manner as the Legislature quired and enjoined, to obey and give effect to this and enforce this ordinance, and such act or acts of the ordinance, and such acts and measures of the Le-Legislature as may be passed in pursuance thereof, accordgislature as may be passed or adopted in obedience thereto." "#

*The following is the entire ordinance: Whereas the Congress of the United States, by various acts, purporting to be acts laying duties and imposts on foreign imports, but in reality intended for the protection of domestic manufactures, and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury and oppression of other classes and individuals, and by wholly exempting from taxation certain foreign commodities, such as are not produced or manufactured in the United States, to afford a pretext for imposing higher and excessive duties on articles similar to those intended to be protected, hath exceeded its just powers under the constitution, which confers on it no authority to afford such protection, and hath violated the true meaning and intent of the constitution, which provides for equality in imposing the burdens of taxation upon the several States and portions of the confederacy: And whereas the said Congress, exceeding its just power to impose taxes and collect revenue for the purpose of effecting and accomplishing the specific objects and purposes which the Constitution of the United States authorizes it to effect and accomplish, hath raised and collected unnecessary revenue for objects unauthorized by the conWe, therefore, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially, an act entitled "An act in alteration of the several acts imposing duties on imports," approved on the nineteenth day of May, one thousand eight hundred and twenty-eight, and also an act entitled "An act to alter and amend the several acts imposing duties on imports," approved on the fourteenth day of July, one thousand eight hundred and thirty-two, are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null, void, and no law, nor binding upon this State, its officers or citizens; and all promises, contracts, and obligations, made or entered into, or to be made or entered into, with purpose to secure the duties imposed by the said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void.

stitution:

And it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said acts within the limits of this State; but it shall be the duty of the Legislature to adopt such measures and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State, from and after the 1st day of February next, and the duty of all other constituted authorities, and of all persons residing or being within the limits of this State, and they are hereby required and enjoined to obey and give effect to this ordinance, and such acts and measures of the Legislature as may be passed or adopted in obedience

thereto.

ing to the true intent and meaning of the same; and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit, or trust, civil or military (members of the Legislature excepted), shall, until the Legislature of his office, or be in any respect competent to discharge shall otherwise provide and direct, enter on the execution the duties thereof, until he shall, in like manner, have taken a similar oath; and no juror shall be empannelled in any of the courts of this State, in any cause in which shall be in question this ordinance, or any act of the Legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this ordinance, and such act or acts of the Legislature as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof.

And we, the people of South Carolina, to the end that it may be fully understood by the Government of the United States, and the people of the co-States, that we are deter mined to maintain this our ordinance and declaration, at every hazard, do further declare that we will not submit to the application of force, on the part of the Federal Government, to reduce this State to obedience, but that thorizing the employment of a military or naval force we will consider the passage, by Congress, of any act auagainst the State of South Carolina, her constituted authorities or citizens; or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels to and from the said ports, or any other act on the part of the Federal Government, to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union: and that the people of this State will thenceforth hold them selves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate Government, and do all other acts and things which sovereign and independent States may of right do.

Done in convention at Columbia, the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Declaration of the Independence of the United States of America. JAMES HAMILTON, JR., President of Convention, and Delegate from St. Peters.

James Hamilton, sen., Rich'd Bohun Baker, sen., Samuel Warren, Nathaniel Hayward, Rob. Long, J. B. Earle, L M. Ayer, Benjamin Adams, James Adams, James Anderson, Robert Anderson, William Arnold, John Ball, Barnard E. Bee, Thomas W. Boone, R. W. Barnwell, Isaac Bradwell, jr., Thomas G. Blewett, P. M. Butler, John G. Brown, J. G. Brown, John Bauskett, A. Burt, Francis Burt, jr., Bailey Barton, A Bowie, James A. Black, A. H. Belin, Philip Cohen, Samuel Cordes, Thos. H. Colcock, C. J. Colcock, Charles G. Capers, Wm. C. Clifton, West Caughman, John Counts, Benjamin Cham bers, J. A. Campbell, Wm. Dubose, John H. Dawson, John Douglas, George Douglas, F. H. Elmore, Wm. Evans, Edmund J. Felder, A. Fuller, Thos. L. Gourdin,