of Penna., 1828-29, II, 500; Elliot, Pamphlet, 78.1) For various resolutions proposed, see Pub. of Southern History Assoc., III, 212-220; Niles, XXXV, 304-310.

1. Resolved, That the opinion of this Legislature, on the subject of the assumed right of Congress to regulate duties on imports, for the purpose of encouraging domestic industry, as heretofore expressed in the various resolutions adopted in the years 1825 and 1827, is unchanged; and after the further aggression by the passage of the Tariff Act of 1828, this Legislature is restrained from the assertion of the sovereign rights of the state by the hope that the magnanimity and justice of the good people of the Union will effect the abandonment of a system, partial in its nature, unjust in its operation, and not within the powers delegated to Congress.

2.

Resolved, That the measures to be pursued consequent on the perseverance in this system are purely questions of expediency, and not of allegiance; and that for the purpose of ascertaining the opinion and inviting the co-operation of other states, a copy of these and the resolutions heretofore adopted by this legislature, be transmitted to the Governor of the several states, with a request that they be laid before the several Legislatures to determine on such ulterior measures as they may think the occasion demands.

Georgia on the Tariff of 1828.

December 20, 1828.

Following the suggestion of Governor Forsyth, "to solemnly protest against the obnoxious act to the Senate, and "to remonstrate in the strongest language with those States who have heretofore supported the wretched system" (Jour. of House of Rep. of Georgia, 1828, 17-19; Niles, XXXV, 223), the Legislature adopted the following notable series of resolves under date of December 20, 1828: (1) Resolutions declaratory of State Rights in opposition to Federal legislation upon the tariff, internal improvement and slavery. Acts of Georgia, 1828, 174-177; House Journal, 20 Cong., 2 sess., 157-160; Sen

1Op. cit. ante, p. 16. This pamphlet also contains extracts from some of the resolutions of other States, 76-79.

'Gov. Troup had suggested the same, Nov. 6, 1827. (Niles, XXXIII, 222.)

ate Doc., I, No. 42; House Doc, II, No. 70; MacDonald's Documents, 234– 237. (2) Remonstrance to the Pro-Tariff States. Acts of Ga., 1828, 177– 183. This was in the nature of an appeal for the preservation of the Union, presenting an argument in favor of strict construction and against the constitutionality of the protective tariff. (3) Memorial to Anti-Tariff States. Ibid., 183-192. The above are all reprinted in the Senate Journal of Penna., 1828-29, II, 372–381, 502-511; Acts of South Carolina, 1829, 79–90; S. C. Stat. at L., I, 274-291. (4) Protest to the Senate against the tariff of 1828. Acts of Ga., 1828, 202, 203; Exec. Doc., 20 Cong., 2 sess., I, No. 33; Senate Jour., 70; Niles, XXXV, 291. Extracts from the last two of the series follow. The House also adopted a resolution, Dec. 17, 1828, authorizing the Governor, "in event of the failure of the present Congress to repeal or modify in compliance with the above protest, the tariff," to appoint nine delegates to meet in a convention of the Southern States "to deliberate upon and devise a suitable mode of resistance to that unjust, unconstitutional and oppressive law." (Four. House of Rep. of Ga., 1828, 312-315.) In the course of the next three years the Legislature adopted resolutions reaffirming its position, as follows: Dec. 19, 1829, Acts of Ga, 1829, 241-244; Senate Doc., 21 Cong., I sess., I, No. 18; Dec. 23, 1830, Acts of Ga., 1830, 256; Niles, XXXIX, 340; Dec. 27, 1831, reply to Delaware, Acts of Ga., 1831, 312; Niles, XLI, 392.

74. Extract from Memorial of Georgia on the Subject of the late Tariff to the Anti-Tariff States, December 20, 1828.

[A summary of the principles of the opposition of the State of Georgia to the obnoxious tariff law of 1828, concluding with the following recommendations:]

We therefore, recommend to our sister states opposed to the recent tariff law, solemnly to protest to the Senate of the United States against that obnoxious law, to deprecate the abuse of limited powers, to accomplish ends capable of accomplishment by legitimate and prescribed means.

We recommend a remonstrance to the states in favor of the tariff, advising of its injurious tendency and operation to their sister states opposed to it, and insisting on the necessity of compromising sectional interests for the general good.

We recommend a policy for self-preservation; exhorting each state opposed to the tariff policy, to ward off its effects, by living as far as possible within itself.

We recommend a continued and strenuous exertion to defeat that general pernicious, and unconstitutional policy, contemplated and pursued by the advocates of the tariff.

Such means may restore federal legislation to the standard of constitutional correctness. Times, occasions and provocations, teach their proper lessons and expedients. Future measures will be dictated by expediency; the nature and tendency of injury will suggest the mode and measure of future resistance.

75. Protest of the Legislature of Georgia against the Tariff of 1828, December 20, 1828.

From a painful conviction, that a manifestation of the public sentiment, in the most imposing and impressive form, is called for by the present agitated state of the southern section of the Union, the General Assembly of the State of Georgia have deemed it their duty to adopt the novel expedient of addressing, in the name of the State, the Senate of the Congress of the United States.

In her sovereign character, the State of Georgia protests against the act of the last session of Congress, entitled "An act in alteration of the several acts imposing duties on imports," as deceptive in its title, fraudulent in its pretexts; oppressive in its exactions; partial and unjust in its operations; unconstitutional in its well-known objects; ruinous to commerce and agriculture -to secure a hateful monopoly to a combination of importunate manufacturers.

Demanding the repeal of an act, which has already disturbed the Union, endangered the public tranqnility, weakened the confidence of whole States in the Federal Government, and diminished the affection of large masses of the people to the Union itself, and the abandonment of the degrading system which considers the people incapable of wisely directing their own enterprise; which sets up the servants of the people, in Congress, as the exclusive judges of what pursuits are most advantageous and suitable for those by whom they were elected; the State of Georgia expects, that, in perpetual testimony thereof, this deliberate and solemn expression of her opinions, will be carefully preserved among the archives of the Senate; and, in justification of her character to the present generation and to posterity, if, unfortunately, Congress, disregarding this protest, and continuing to pervert powers granted for clearly defined and well understood

purposes to effectuate objects never intended by the great parties by whom the Constitution was framed, to be entrusted to the controling guardianship of the Federal Government, should render necessary measures of a decisive character, for the protection of the people of the State, and the vindication of the Constitution of the United States.

76. Resolutions of Mississippi.

February 5, 1829.

In addition to the subjoined resolves the Legislature a year later, Feb. 5, 1830, adopted a new resolution concurring with the States of Georgia, South Carolina and Virginia in the soundness of the policy expressed in their different resolutions upon the subject of the Tariff, Colonization Society and Internal Improvement. (Laws of Miss., 1830, 194.)

Resolved by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That the Tariff of 1828 is contrary to the spirit of the Constitution of the United States; impolitic and oppressive in its operation on the Southern States, and ought to be resisted by all constitutional

means.

And be it further resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their best exertions to effect a revision or repeal of the present Tariff; and in the event of failing therein; to cause to be entered on the journals of each house of Congress their solemn protest. [Resolution of transmission to the several states.]

[Laws of Mississippi, 1829, 108, 109; also in Journal of Penna. Senate, 1829-30, 30.]

Governor Giles in a special message of Feb. 8, 1828, and again in his annual message of Dec. 2, 1828, after expressing his opposition to the federal tariff act, committed the question as to what action the State should take to the Legislature. (Niles, XXXIII, 405; Ibid., XXXV, 273, 274; Amer. Annual Reg., 1827-29, 129-130.) That body adopted an elaborate report presenting

the doctrine of strict construction as maintained by the State in its previous history, which concluded with the resolutions given below. The text of the report and resolutions are given in the Acts of Virginia, 1828-29, 159-170; Senate Doc., 20 Cong., 2 sess., III, No. 105; reprinted in the Journal of Senate of Penna., 1828–29, II, 522-534; and the Acts of Ș. C., 1829, 71-79; Stat. at L. of S. C., I, 292–302. The resolutions are also given in the Amer. Annual Reg., 1827-29, 131. The vote of the House of Delegates is given in brackets after each resolve.

1. Resolved, as the opinion of this committee, That the Constitution of the United States, being a Federal Compact between sovereign States, in construing which no common arbiter is known, each State has the right to construe the Compact for itself. [Yeas 134, nays 68.]

2. Resolved, That in giving such construction in the opinion of this committee, each State should be guided, as Virginia has ever been, by a sense of forbearance and respect for the opinion of the other States, and by community of attachment to the Union, so far as the same may be consistent with selfpreservation, and a determined purpose to preserve the purity of our Republican Institutions. [Yeas 166, nays 36.]

3. Resolved, That this General Assembly of Virginia, actuated by the desire of guarding the Constitution from all violation, anxious to preserve and perpetuate the Union, and to execute with fidelity the trust reposed in it by the people, as one of the high contracting parties, feels itself bound to declare, and it hereby most solemnly declares, its deliberate conviction, that the Acts of Congress, usually denominated the Tariff Laws, passed avowedly for the protection of Domestic Manufactures, are not authorized by the plain construction, true intent and meaning of the Constitution. [Yeas 126, nays 75.]

4. Resolved, also, That the said acts are partial in their operation, impolitic, and oppressive to a large portion of the people of the Union, and ought to be repealed. [Yeas 138, nays 62.]

[Resolutions of transmission.]