JANUARY, 1833.] Revenue Collection Bill-Nullification. 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. It is time (continued Mr. W.) that the principles on which the Union depends were discussed. 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. 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, establishing new and fundamental principles. Without repeating it, he would call the attention of the 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 ordi- | nance 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 validity of the aforesaid acts of Congress, imposing duties, shall any appeal be taken or allowed to the Supreme Court 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, within such time, and in such manner as the Legislature the limits of this State, and they are hereby re- shall prescribe, take an oath well and truly to obey, execute, 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."* 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 The following is the entire ordinance: dead or had resigned; and no person hereafter elected to Whereas the Congress of the United States, by various any office of honor, profit, or trust, civil or military (memacts, purporting to be acts laying duties and imposts on shall otherwise provide and direct, enter on the execution bers of the Legislature excepted), shall, until the Legislature foreign imports, but in reality intended for the protection of his office, or be in any respect competent to discharge of domestic manufactures, and the giving of bounties to classes and individuals engaged in particular employments, the duties thereof, until he shall, in like manner, have at the expense and to the injury and oppression of other taken a similar oath; and no juror shall be empannelled classes and individuals, and by wholly exempting from tax-in any of the courts of this State, in any cause in which ation certain foreign commodities, such as are not produced shall be in question this ordinance, or any act of the or manufactured in the United States, to afford a pretext Legislature passed in pursuance thereof, unless he shall for imposing higher and excessive duties on articles similar first, in addition to the usual oath, have taken an oath to those intended to be protected, hath exceeded its just that he will well and truly obey, execute, and enforce this powers under the constitution, which confers on it no au- ordinance, and such act or acts of the Legislature as may thority to afford such protection, and hath violated the be passed to carry the same into operation and effect, actrue meaning and intent of the constitution, which pro- cording to the true intent and meaning thereof. vides 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 constitution: We, 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. 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. 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 we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against 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 themselves 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 hundred and thirty-two, and in the fifty-seventh year of of November, in the year of our Lord one thousand eight 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 Chambers, 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, JANUARY, 1833.] . Revenue Collection Bill-Nullification. the laws of South Carolina. In the last paragraph of the ordinance is this passage: "Determined to support this ordinance at every hazard,”—and this declaration is made by a courageous and chivalrous people-"we 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." This attempt, said Mr. W., is not made by this bill, or by any one. "But that we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against 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." Force must inevitably be used in case any attempt is made by the Federal Government to enforce the acts which have been declared null and void. The ordinance clearly establishes nullification as the law of the land. [Mr. MILLER: Will the Senator read a little further?] Mr. W. finished the paragraph, as follows: "And that the people of this State will thenceforth hold themselves 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." They stop with nullification; but one step further on the part of the Government brings down secession and revolution. Mr. CALHOUN.-It is not intended to use any 'force, except against foree. We shall not stop the proceedings of the United States courts, Peter G. Gourdin, T. J. Goodwyn, Peter Gaillard, jr., Attest: [SENATE. but maintain the authority of our own judiciary. Mr. WILKINS.-How can the ordinance refer to any laws of the United States, when they are excluded from any operation within the limits of the State? Why do the laws and ordinance of South Carolina shut out the United States courts from appellate jurisdiction? Why do they shut the doors of the State courts against any inquisition from the United States courts? They intend that there shall be no jurisdiction over this subject, except through their own courts. They cut off the federal judiciary from all authority in that State, and bring back the state of things which existed prior to the formation of the federal constitution. We No Here nullification is disclaimed, on one hand, unless we abolish our revenue system. consenting to do this, they remain quiet. But if we go a hair's breadth towards enforcing that system, they present secession. We have secesThe Senator from South Carolina admitted the sion on one hand, and nullification on the other. other day that no such thing as constitutional secession could exist. Then civil war, disunion, and anarchy must accompany secession. one denies the right of revolution. That is a natural, indefeasible, inherent right—a_right which we have exercised and held out, by our example, to the civilized world. Who denies it? Then we have revolution by force, not constitutional secession. That violence must come by secession is certain. Another law passed by the Legislature of South Carolina, is entitled "A bill to provide for the safety of the people of South Carolina." It advises them to put on their armor. It puts them in military array; and for what purpose but for the use of force? The provisions of these laws are infinitely worse than those of the feudal system, so far as they apply to the citizens of Carolina. But with its operations on their own citizens, he had nothing to do. Resistance was just as inevitable as the arrival of the day on the calendar. In addition to these documents, what did rumor say-rumor, which often falsifies, but sometimes utters truth. If we judge by newspaper and other reports, more men were now ready to take up arms in Carolina than there were during the revolutionary struggle. The whole State was at this moment in arms, and its citizens are ready to be embattled the moment any attempt was made to enforce the revenue laws. The city of Charleston wore the appearance of a military depot. As a further proof of the necessity of this bill, he would read a printed paper, which might pass for what it was worth. Mr. CALHOUN. What paper is it? Has it a signature? Mr. WILKINS. It is a circular, but not signed. Mr. W. then read the paper as follows: (Circular.) "CHARLESTON, January, 1833. "SIR:-You will, on receiving this letter, immediately take the proper measures for the purpose of SENATE.] Revenue Collection Bill-Nullification. ascertaining at what points depots of provisions, say of corn, fodder, and bacon, can be established on the main roads leading through your district, at suitable stations, say from thirty to forty miles apart. Looking to the event of a possible call for troops of every description, especially of mounted men, in a sudden emergency, you will ascertain the routes by which they could most conveniently pass through your respective districts, and the proper points at which they may put up after the usual day's march. Having settled this, the next point will be to inquire whether there are any persons at or near those points, who would undertake, on terms to be stipulated, to furnish corn, fodder, and meat, in what quantities, and at what notice? It is desirable that this arrangement should be effected, so as to enable us to command an adequate supply in the event of its being wanted, without actually making purchases at present. If this be impracticable, however, you must then see on what terms purchases can be effected, where, and on what manner the articles can be deposited and taken care of? I will here give you a general outline of my scheme. I will suppose three great routes to be marked out from the mountains towards the sea; one leading from Laurenceville, through Newberry, to Columbia; another from Yorkville and Union, by Winsboro' and Chesterville, to Columbia; and the third from Pendleton, through Abbeville and Edgefield, Burnwell, and Colleton, to Charleston. Along these routes depots would have to be established at intervals of thirty or forty miles, besides separate depots at Camden and some other places. From Columbia these stations would be necessary along the State road to Charleston. But one other route would then, perhaps, be necessary to be provided for, beginning at Darlington Court-house, and ending at Georgetown; one station to be at Kingstree, and another at Lynche's Creek. From all other places some one of these stations might be struck. I present this imperfect outline merely to give you some idea of my general scheme. Your particular attention will, of course, be directed to your own district; and, if you find it necessary, you may call in my aids from the adjoining districts, and such staff officers as you may think proper, and consult with them as to the best method of connecting the districts by some general plan, and favor me with the result. [JANUARY, 1833. essary orders in my name, countersigned by yourself as aide-de-camp, to all officers within your district, urging them to do whatever you may find necessary to the prompt and effectual execution of this order. You will, when convenient, call upon the brigadier or major-generals, within your district, for their co-operation and assistance, and, generally, adopt all proper measures for the accomplishment of the important objects which I have in view, which may be stated in a few words to be to secure the means of subsistence, so as to be enabled to bring troops to any given point in the shortest possible time-to ascertain the state of the arms now in the hands of the men-and to have those unfit for use put in complete order. If any other means occur to you of accomplishing, in the promptest manner, these vitally important objects, you will be so good as to suggest them. "I am, very respectfully, &c. "N. B. I annex the form of three orders, which you may find it necessary to extend, to enable you to accomplish the objects we have in view. You may modify them as you think proper, and then have copies served on each of the officers, who may be required to execute them within your district. They are not to be published in the papers. Copies of all such orders as you may issue must be sent to me." Adverting to another circumstance, as tending to show the excitement prevailing in South Carolina against the General Government, Mr. W. said, that in every part of the State, the blue cockade with the Palmetto button, was That bit of ribbon, and the generally worn. button, were no trifling sign of the military spirit prevalent among the people. It seemed to him, indeed, from all these facts, known to us, officially and by rumor, that it was impossible to avoid a collision with South Carolina, while her ordinance remained in force; and that those gentlemen who represented that the passage of any bill by us would defeat the ordinance, and prevent a collision, had mistaken the sense of the ordinance, and the intention of the people of South Carolina. not expressed the opinion that nullification [Mr. MILLER here interposed, and said he had would be abandoned upon the passage of a bill of any character in reference to the tariff. If Congress passed a bill altering the tariff acts of 1828 and 1832, he was of opinion that such act would set aside the ordinance, which was specific in its application to the tariff acts of 1828 and 1832. Even if a bill more oppressive than the existing acts should pass, the ordinance now existing would thereby be defeated, and South Carolina would be under the necessity of assembling another convention, and passing another ordinance.] "Another object to which I would call your early and particular attention, is the state of the arms, public and private, in the hands of the men. Great numbers have been issued from time to time, especially within a few years past. I wish to know how many of them may be relied on in the event of actual service. For this purpose, it must be ascertained, from actual inspection or otherwise, how many men in each company have muskets, rifles or other arms fit for use; and any unfit for use must be repaired. The latter must be collected together and repaired, if it can be effected in your neighborhood; and, if not, they must be boxed up and sent to Charleston; when, after being repaired at the public expense, they will be returned to the compaMr. WILKINS found, he said, that he was not nies to which they may belong. To execute the ar- far from right. What prospect, then, was there duous, responsible, and difficult duties imposed by this order, you are authorized to call to your assist of an abandonment, by South Carolina, of her ance all the officers of the staff within your district; present position? She offers us but two modes and, if further assistance is wanted, additional offi- of adjusting the matter in dispute. The first is cers will be appointed. The travelling expenses of by the total abandonment of the protective sysyourself, and such officers as you may employ in tem; by the admission of the whole list of prothis business, will be paid. You will issue the nec-tected articles free of all duty, and raising the JANUARY, 1833.] Revenue Collection Bill-Nullification. [SENATE. differ from the judgment of the representatives assembled in Congress. He did not think it at all probable that the convention would either alter the constitution in respect to the powers of the Government over the subject of revenue, or that the protective laws would be pronounced by them unconstitutional, and null and void. But it was not at all probable that two whole revenue derived from duties on imports | tion on the matters in controversy would not exclusively from the unprotected articles. The consequence of the adoption of this policy, would be most fatal and disastrous to the industry of the Northern States. It would put the laboring classes of Pennsylvania on a footing with the paupers of the old world. It would prostrate at once and forever the policy which Pennsylvania had long cherished, which South Carolina had united with her in estab-thirds of Congress and three-fourths of the lishing and maintaining, and under which she was prosperous and happy. The admirable speech made by the Senator from South Carolina, in 1816, in favor of the protective policy, was engraved on the hearts of the people of Pennsylvania. In the dwellings of the farmer, mechanic, and the manufacturer, it hung upon the wall, by the side of Washington's Farewell Address. He well remembered that speech, for it had a powerful influence on his own mind in relation to the policy of the protective system. [Mr. CALHOUN here said, I thank the gentleman for alluding to that speech. It has been much and very often misrepresented, and I shall take an early opportunity to explain it.] Mr. WILKINS-I shall be happy to witness the exhibition of the Senator's ingenuity in explaining the speech in such a manner as to make it accord with his present views. I should not have alluded to it, had not the Senator remarked upon the bill from our committee as a bill "of abominations." Mr. CALHOUN-It requires no apology. Mr. WILKINS proceeded to state the considerations which rendered a compliance with the terms proposed by South Carolina improbable, if not impossible. For his own part, he was free to say that he could not bring his mind to assent to so destructive a measure. He spoke only for himself. What were the views of others of this body on this subject he did not know, for he was not in the habit of making inquiries as to the opinions of others on such topics. Much as he loved the Union-much as he deprecated any collision between the State and Federal Governments-much as he was disposed to respect the opinions and wishes of a sister State-he would not himself assent to a total destruction even of incidental protection to our domestic industry. He would, however, go far, very far, even to the sacrifice of much of that protection which we claim as just and necessary; but to the point proposed by South Carolina as her ultimatum, he could not go. He did not believe that there was any probability of the assent, on the part of Congress, to the first proposition of South Carolina. There was but one other proposition made by South Carolina for the adjustment of this controversy, and that was even less hopeful than the former. It was by the call of a general convention of the States, and the submission to them of an ultimate arbitrament on the disputed powers. Mr. W. was of the opinion that the division of the State representation assembled in convenVOL. XIL-3 States would agree to the call of a general convention. The people were averse to any change in the constitution, and were of opinion that it could not be amended for the better. For his own part, it was his earnest hope, and confident belief, that no change would ever be made in the terms of our admirable compact. Here Mr. W. yielded to a motion for adjournment, and the Senate adjourned. TUESDAY, January 31. The Collection Bill. The subject again coming up Mr. WILKINS resumed his remarks on it. He commenced by stating that, on a proper occasion, he should move one or two amendments to the bill, one of which would be to limit some of its provisions to the end of the next session of Congress: the provisions which it contained for amending the judicial system, he presumed, there would be no objection to leaving, as they are in the bill, unlimited. When the Senate adjourned yesterday, (Mr. W. continued,) I was speaking of the tariff system-of this system for the protection of American industry, which a vast portion of the American people believe to be intimately connected with the prosperity of the country. As a justification of the adherence, as far as practicable, to this system, he had had reference to the conduct of gentlemen from the South in regard to it. At one period, he now added, Maryland had been considered a Southern State, as she was still a slaveholding State: from the chief city of that State, directly after the meeting of Congress, under the constitution of 1787, a memorial was transmitted to Congress, reciting the weakness and inefficiency of the old confederacy, and its inadequacy to protect the manufacturing interests, and rejoicing that we had now a Government possessing all the necessary power to protect domestic industry, and praying the interposition of Congress for that purpose. Another incident he mentioned, which, he said, many members would recollect, of a member of Congress from South Carolina having, in the year 1809, offered a resolution proposing that all the members of Congress should appear, at the commencement of the next ensuing session, clad entirely in clothing of American manufacture. He had already adverted to the agency of the South in passing the tariff law of 1816, and now, said he, let me make a personal reference, in connection with it, to another gentleman from South Carolina, |