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POLITICAL.
SPFECLI OF Mil. FOSTER, OF GEORGIA, <
O>ll/»€ to provide jar the col- (
Action of the duties on imports.
Mt Foster addressed the house as follows:
Mr’ Speakerlt is not with the vain hope o
producing the sleightest effect on the decision j
the qnest’on now pending, that I use o
d J y ou.
not see that theic )&• ma j oll ty \
ruination on the jhi • > B |d . ,
of the House to 1 llope hl sa y-
ly be S° l “S ‘ . ol ’ no irreverence, that
iu ? S ° 1 Sl V?uwcSd not he persuaded” to re- j
'ieciihis°hdh cveu “though one rose from the ;
No Sir, the question is already deci- .
led .JI ’» ’?'« is Uke '’' J ,“
' «> suro die bill on >l‘° >'ible will become a la w
S u.el.md. Bu<. Mr. Speaker, .... a duly
which 1 owe myself lo present my views of u.s
deeply me.es.ms subject, and 1 beg the ...de1.....1e
.....le oflhe House while 1 attempt to do so.
K It wis my fortune to belong to the commit-
tee to whom the message of the President, sug- •
vesting the measures now under considerat.un, '
was referred. Ona careful and deliberate in
vestigation of the various suggestions contained
in the message, 1 could not give my assent to
the most prominent ”f them, and uniied with a
nniorii-.y of my associates on the committee in
„ report which was some time since submitted
to the House. The views presented in that re
port it is now my purpose to defend.
It would have been gratifying to me, Mr.
Spe iker, lo have heard from the advocates of
• this bill, an examination and defence oi its
details; but they hive not thought proper thus
to discuss it. Mv colleague, Mr. Wayne, who
has just taken his seat, reflected somewhat on
the gentleman from South Carolina, Mr. M -
Dutfie, because in the course of his argu nent
he referred to but one of (he provisions of the
bill; and yet my colleague was guilty of the very
tame omission. He is ihe strenuous suppoi ter ol
the whole bill ; but did not bestow even a pas
sing iemark upon only one of its features—the
employment of the military force. 1 shall not
follow'the example of the gentlemen who have
proceeded me. It will be my object to inves
tigate the details of the bill, and notice (he prom
inent measuie which it proposes; and if I can
not hear reasons in favor of them, 1 will en
deavor to show some against them, which, if not
satisfactory to the House, ure entirely satisfac
tory io myself
It is not to be disguised that this is an admin
istration measure. It comes to us not only ap
proved, bpt asked for, by the Excutive ; and,
therefore, as a friend of the administration, it I
Would have given me great pleas re to have
been able to yield it my feeble support. But,
however high my respect for the President and
his constitutional advisers, I cannot sustain their
policy at the sacrifice, of my <>wn principles and
opinions. I shall never be so much the parti
tan or friend of any man, as to surrender the
honest convictions of my own judgement. In
opposing, however, the recommendations of thu
President, with regard to South-Caiolina, 1
take the occasion to disclaim any imputation,
Whaievei, on his motives, and the purity of his
patriotism, 1 have the utmost confidence—quite
As much, certainly, as many gentlemen around
me, who are so zealously sustaining these re
commendations.
w • . . A/T . fl .-..!.
I owe it to mysely, Mr. Speaker, also to say, 1
that I do not appear here as the advocate of'
South-Carolina. Ido not approve her . ec.ent
res. Do not imagine, however, that I
am about to join in those unmeasured censures
.and denunciations, which have been so lavishly
bestowed upon her. No, Sir—this is a crusade
ill which I shall be among the I .st to enlist. it
ss an enterprise wh.ch presents no tempiations
to my ambition. It is a field in which I shall
gather no lam els. Sir, South-Carolina is the
nitur dally, the sister of Georgia, Her gal-
Lii) sons ue >ur neighbors, our brethren, our
fellow sufferers—md, while disapproving their
nc's, I can most truly say, that, “with all their
laul s 1 love idem still.”
Bm, Mr. Spe iker 1 have promised to enter
into an investigation of ihe details of the bill un
der consideration 1 now proceed to the task.
Tlie first section provides, in substance, that
when, by reasons of unlawful combinations or
sibstruc ions, it shall become impossible to col
lect the duties on imports, in the ports of any
St i<e, the President shall be authorized to re
move ihe custom houses to sonys secure place,
either on land or water, and to direct that the
duties on merchandise imported into such ports,
jh tli be paid in cash, deducting the legal inter
est. Now, Sir, although no particular State is
designated, yet we all know as well that this
measure is intended for South-Carolina, as
though she were named in the bill. Indeed, the
object avowed by the President is to countervail
the oidinance and legislation of South-Caro
lina.
Tlie very first suggestion which this proposi
tion must pt esent to the mind of every one, is
its palpable inequality and injustice. it is well
. known, that there are a great many merchants
-in Charleston, who have no intention of taking
the benefit oi the late laws of Carolina, for the
purpose of avoiding the payment of the duties.
Tney will continue to import their goods, give
the r bonds, and pay them punctually as here
tofore. Would it not hen be unjust in the ex
t'>*me, tdeprive these men of rights and priv
e i ges secured to all other citizens of the United
States? and that too, in a Government whose
boast has been, and ever should be, its equal
laws I Sir, this injustice is too obvious—it af
fords no ground for argument—the mere state
ment amounts to demonstration, ami presen’s a
striking instance of consigning to a common faie,
th <se who obey and those who transgress the
" laws, which it is one of the most sacred duties
of Government to prevent.
B it weighty and conclusive as the objection
is, it is light compared with another. Snathe
'.requisition of cash payments, a confers ■ ated,
w .11, in my humble judgemen', onflict w th two
clauses »f the Constitution.
. I am iwe, M.. Speiker, ihaton the sub
ject of the Ceustituuocal powers of the Gov-
lernmant, I entertain what are-now regardedoL/j t
I fashioned nations. 1 early conceived a strong j
j pi as mmy gentlemen will no doubt, consider i.
a very unfortunate one, in favor of rigid c ni- i
structiou of this great charter. It has been a i
part of my political education—and mature re- i
flection has but confirmed the lessons of early i i
instruction. It may not become me to say that j
I h ive been “(rained up iu the way I should h
. go ” but there is certainly not much probability j!
! of’my “departing from it.” When then lam j s
; called upon to do any act as a member of tins j I
house, I turn to my power o f attorney— this i
' instrument, which has been the theme of so ;
I much eulogy, and the subject of so much abuse, :
j and if 1 cannot find authority there for the act
required, it is more than 1 dare do to yield my
1 assent. And gentlemen must pardon me for
i reminding them of the high responsibility much
! more solemn and fearful thin tint which they
‘ owe to their constituents. And 1 beg them to j
be candid with themselves on this occasion to
test the bill on which they will soon be called
upon to vote, by the constitu ion which they
i have so solemnly sworn to support, and let an
< unbiassed conscience reader an impartial judge-
I meat.
j Really, Mr. Speaker, had it not been for the
source from which some of the suggestions em-
I bodied in this bill emanated—were it not for
the profound wisdom and transcendent talents
of the authors and advocates of the proposi
tions, it would be difficult to conceive hdtw there
could be two opinions as to their constitutionali
ty—or rather their unconstiiutionality. Allow
me to invite the serious attontion of gentlemen
io the clauses of the constitution, to which I
• have alluded. The first is that “all duties,
imports, and excises, shall be uniform through
out the United States.” Now, will any gentle
man contend—dues any one believe, that the
deduction of six per cent, interest for cash pay
ments, would be equivalent to the indulgence
allowed by the present credit system 1 Where
is the importing merchant who will admit it ?
I Where is the one who would consent to a
- change from credits to cash dunes on these
terms'? As to the merchant wao resides in the
interior, cqui-distant from Charleston and Sa
vannah, and who imports goods to each of those
ports, paying the duties in cash, deducting the
interest, at the one, and b Hiding under the ex-
; Kling laws, at the other—isk this importer I
whether he considers 'hat he pays the same du
ties on each of his cai goes, and what would be
I his reply ? Y>u know he would tell you there
was an essential difference. There is an inqui
ry proposed in the report of your Committee
ion the Judiciary on this subject, the answer
I to which would put this subject at rest. 11
there be no difference between the credit sys-
i tern and cash payments, allowing a deduction of
the interest, why do you not abolish credits,
! and save the Government the immense losses
j which it is constantly sustaining by the failure of
■ inporters and their sureties ? Think too of the
great trouble to which you are frequently stib-
i jected, in the collection of these custom-house
I bonds—and then tell me whe.ther the present,
system would be continued by Congress, if they
could, without serious inconvenience to the mer
cantile community, and, indeed, without a se
vere pressure upon the whole country, substi
tute cash payments, with the inconsiderate de
duction of six per con .!
Il we need an additional argument, undone
which will place this point entirely beyond dis
oute, the very terms in which the proposition is
expressed will furnish it. The duties are lo be
paid in cash deducting the interest. Now, 1
appeal to the candor of gentlemen, and I wish
i “the still small voice” which breathes the re
sponse, could be audible. I would ask every
intelligent man to tell me, why this deduction
of interest is tube allowed? Have you any
doubt that this provision is intended for the
purpose of preserving that very uniformity re
quired by the constitution, and thus obviating
the constitutional difficulty ? Sir, if the author
. of‘his suggestion were asked, he would tell you
this was the object. If, then, this deduction is
not sufficient to equalize the cash and credit
I payments, is not the Constitution as plainly vi
olated aa though no deduction at all Wli s made.
Let me now turn the attention of the House
to the other clause of the constitution to which I
allusion has been made. It is in the ninth sec- j
lion of the first article, and is in these words:
“No prelerence shall be given by any regulation
of commerce or revenue to the ports of one
State over those of another.” It will certainly
not be necessary to show that this bill provides
a “regulation of revenue ;” and yet this is not
more plainly apparent than that, by this “regu
lation,” a very decided preference will be giv
en to those ports where it shall not prevail,
over those where it shall be enforced. Adopt
this regulation in the ports of Souih-Carolina,
and the languishing commerce of Savannah
would soon revive and the lucrative trade of
Charleston would be effectually destroyed, and
its great wealth and growing prospeiitv thus
completely sacrificed.
The only answer which has been given to
these Constitutional objections is, that the pro
visions of the bill are general—applicable to all
the States equally, and to none unless the exe
’ cution of the revenue laws is obstructed. Sir,
this is scarcely a plausible subterfuge. What
is the proposition? That in case the laws are
■ obstructed or resisted by a force too powerful
to be overcome in the ordinary way, the Pres-I
ident may order the removal of the custom |
i houses, and require the payment of the duties'
in cash. Let us simplify the proposition as I
much as possible. If Congress can censer this
r power upon the President, it miy unques’iona-j
bly exeicise it itself—and if it can provide the
proposed remedy for a future cont ngency, it I
may certiinly apply the same remedy if the
emergency had already occurred. Suppose
’ then, that from and after the first of February,
some of the merchants of Charleston had avail
ed themselves of the benefit of the nullifying
j laws, and had actually, by the aid of the State
’ courts, succeeded in rescuing their goods from
the custom house officers without giving them
1 bonds, or paying any duties—and this fact is re
potted by the collector to the Government.
Here is the case fairly presented—the very
state*of things against which you are endeavor
ing to guard : your laws aro nullified, their ex-
ecution resisted bv 3 force too powonui to hr; |i
.vercome in the ordinary way, and that force j
acting under the authority of the S ate. Now, J ■
will any gentleman point mo to that clause of ; <
the constitution which relieves you, even in [
such extreme cases as these, from the restric- ■ j <
lions and prohibitions to which I have referred? <
Sir, there is none. These provisions of (be l I
constitution ate plain and* explicit md cannot ii
be evaded—turn which way you wdl, and 'hey ; i
stare you in the face. Gentlemen may indeed, ,■
by ingenuous and refined distinctions, sdence ('
their scruples and persuade themselves into the ,
support of this bill—they only deceive them- !
selves. It I* utterly vain to attempt to recon- ,
cile it with the Constitution ; it is beyond the j
reach of argument ; the contradiction is too
miain and palpable. Disguise it as you miy ; I
'resort to all the arts of construction—but “lo I
this complexion i‘. must coin ■ al last.” I
Yes, Mr. Speaker, the passage of tins bill wil[;
be another deep, God erant it may not be a 1 1- j
tai stabto this sacred instrument. And really I
I had hoped that its already mangled bo ly |
would have protected it from further outrage. ■
The condition to which your repeated attacks
have reduced it, is sufficient, it might bo sup-1
posed, to disarm even its most vindictive one- i
mies. Let me entreat you, then, to st ay the up- !
liftedarm, and withhold, it may be,the finishing I
blow. Sir, had I the power, like M irk Audio
nv, I would put a longue in every wound”
which your ill-judged legislation has made, to j
implore your forbearance. I
To those around ma, who have recently e-j
vi.nced so much zeal in the cause of the con- ■
stitulion, and affected so much anxiety to save ;
it fiom sacrilegious hands, I particularly appeal.
I especially invoke the aid of an honorable
, gentleiii m, Mr. Vinton, of Ohio, who, a few,
evenings ago, in the fervency of his patriotism, '
was ready to see all our rivers running with :
blood, and this great confederacy converted in- I
io one vast slaughter-house, rather than have j
one tittle of the constitution obliterated by force, i
And, Sir, had I but a small portion of the pow- '
ei fid and comm Hiding eloquence, which I heard j
on a recent occasion,* in another place, in the
anticipation of dangeis to this sacred instrument, I
“calling on all the people to its rescue,” in a :
tone and manner which I can never forget, and ;
which filled me with emotions too big for utter- :
I ence: 1 repeat, Sir, did I possess a particle of
this overpowering eloquence, I would call in
loud strains, not upon “all the people,” but up- |
on the.;e, their representatives, in this hour of
imminent peril, to come to the aid of the con
stitution, and save it from the danger which
threatens it from specious and subtle construc
tion. For if it must fall, it matters little wheth
er by ihe hand of violence, or by tfe unper-
- ceivable and undermining process of ingenuous
and plausible sophistry. I would indeed prefer
, the attack by open violence, because then we
i could see the exient of the d inger, and might
piepare to encoun'er it.
Bui, Mr. Speaker, the first section of this bill
funliei provides tint, to enable the collector
i more eff-ctu.illy loexict the plyment of cash
, du les as proposed, he shail seize and detain
i all vesselsand cargoes untill the duties are paid
. I —and in the event of an attemptto take such
. j vessels or cargoes, until the duties are paid from
p the possession of the collector by any force,
j combiuation, or ssaemblage of individuals, or
; ; by any process, other than from a Court of
_ I the United States, the President, or such per
. sou as lie shall cm power for that purpose, may
J employ such pari of file land and naval forces,
. m .ml flirt lTivtfrk.4 Q . I
or militia oi the United States, as miy be ne
cessaiy to prevent the removal oft he vessels or
cargoes. Horn the possession of the officers of
the customs, &,c.
Sir, that proneness to resist the exercise of all
powets not delegated to us, of which the House
lias had some evidence prompted me, when a
proposition was made to confer power so great,
and of such dangerous tendency, to consult a
gaio the charter under which we act. On ex
amining with grfeat care, I find in the Constitu
tion, that “Congress shall hive power to pro- !
vide for calling forth the militia to execute the
laws of the Union, to suppress insurrections,
and repel invasions.” The very object of the
bill on your table, is to enable the President
j “to execute the laws. Now I will not say that,
in extreme cases, when no other means could
be available. Congress might not under the
power to “pass all laws necessary” to cirry the
granted powers into eflect, resort to the regu
lar army and navy—but I will say, that the ve
ry provision for calling forth the militia, shows
very deary, that in the view of the framers of
the Constition, the execution of the laws, if
military force should be necessary, should be
left to ihe militia, theyeo imry of the country.
Gur ancestors, in their difficulties with the
mat her country, had learned a lesson as to the
enforcement of laws by the aid of a s anding
' a my, from which they seemed to have profit
tel; and they confided (his dangerous trust to
thise who were most deeply interested in a
faithful, but mild execution of die laws—ihe
grtat body of the people. And upon the le
gal maxim, that "the inclusion of one is the-ex
clusive of all othe.s,” the provision for calling
forth the militia to execute the Jaws, excludes
iheidea that any other force was contemplated
for this purpose.
That th is was the view of those who were I
concerned in the formation of the Constitution, !
I is Mainly inferrable, from the fact that the first
I laws passed for the suppression of insurrections
; in 1792 and ’95, were entitled, acts "to pro-
I vide for calling forth the militia to execute the
! laws of the Union, suppress insurrection, and
i repel invasion,” in the veiy words of the con
stitutional provision.
i But, Mr. Speaker,-! maintain, that the pre
sent attitude of South Carolina does not furnish j
such a case as contemplated by the constitu
tion, where the 1i ws are to be executed even
by the militia. There is no “insurrection” ,
there within the meaning of the Constitution
nor i s there such a “combination to obstruct ,
the execution of the laws, as contemplated by (
the acts of ’92 and ’95. Whatever proceeding ,
is had under the ordinance of South Carolina, (
is the art of a sovereign State—it is the exer- ,
cise of sovereignty power. Whether this |
* Alluding to the speech of Mr. Webster, in’ I
the Senate, oo this bill. i<
! ; .k‘4 b“'oug; lo inc State, it necessary,
for the purpose of this argument, to inciire.
She claims it, and Ins exercised it, and mfy act i
done under the authoiity of the State, will' be '
protected by ihe State. To attempt, threfore, [
to reduce individuals acting under this authori
ly (<) ooedie.ice to your laws, wdl be an attempt I
to coeice ihe Slate— t will be m diinj war
upon the State. And this power, as st tied m
in the report of die judiciary com nine, and as !
all who have nMdjjjejouim
convention know, was several limos proposed '
to be given to Congress, but uniformly reject- ■
ed. but, on tms point, 1 shall adhere io the ;
courj3 pursued by the com nittee. I will not '
tie drawn into u disrussion of the right of this
Government lo mike war upon one of the States. 1
Far, fir distant be the dly when such an in
quiry shall becoin? necessary.
Even admitting, however, for the sake of ar
gument, die power in question to exist I ask
tne attention of the 11 use to a few considera- I
: lions which s'n raid induce Congress to forbear
the adoption of ihe rigid meisures proposed in !
this bill. And the first, and most obvious, is, !
tint there is n>t the slightest necessity for it.
; The law providing fir a m idilication of tiie j
■ tariff, which passed this House a few days ago, !
and which Ind already received the sanction of j
tin Senate, Ins relieved us from those al irtn-i
| ing apprehensions, which we hive unhappily j
I li id too much reason io iudalgr, and will soon j
I quit the agitations o f our distracted countiy.
' Str, this law was, emphatically, a mea-ure of
\ compromise', it was so tendered on the one side,
i and received on the other. It is the bow of
I peace on the dark and angry clouds which have
so long lowered, and with such fearful portent,
ion our southern horizon. Suffer, then, troubled
I elements to become again calm—and here let
us once more assemble round the altar of our
j common country, all hands united, all hearts
mingled—let the sound of peace, peace, go
| forth from this hall, and its happy and healing
i influence extend to the remotest borders of the
1 republic.
But it is said by tny colleague, Mr. Wayne,
I and the suggestion has been made by others,
I that we have no assurance that South Carolina
j will repeal her ordin nice, or that she will not
l nullify the tariff law which we now pass, as she
; has iliose of’2B and ’32. Sir, let us be candid
; with ourselves on this occasion. It is indeed
\possi'>le that this may bo the case, but does anv
one believe it will be? At the intercession of
a sister State, (he convention by which this or
din nice was passed, Inve been ordered lo re
assemble; and it is notorious that the object of
this reassembling is to suspend the operation of
tne nullifying laws until the close of the next
session of Congress. 'This, too, let it be re
memembeied, was done at a time when all
hope of the modification of the lariffby this
Congress had been neatly extinguished. With
these facts before us, then, and with the still
more striking fact that every Senator mid re
presentative in Congress from South Carolina
lias voted for this modification, where is the
min who can lor a moiuont indulge a serious
apprehension that that State will attempt to
airestthe operation of the law? Iftherebea
a member ot this House who does really en
tertain such apprehensions, I have some cu: iosi
ty to know him, h will certainly entitle him
to a distinction winch he should not lose the
opportunity of acquiring, and I will, therefore,
pause to see if there be one who will m ike ihe
avowed. Mr. F. here paused, but no genlle-
tn’in rising, ho proceeded. As I expected—ez
death-like silence ! No, Sir, there is not an
intelligent min here or elsewhere, who enter
tains a reasonable doubt that South Carolina
will not acquiesce in thu compromise which has 1
been effected.
But, Mr. Speaker, it is further argued that
j unless we pass the bill now en your table, the
; modification ofthe tariff will have the appoar
; ance ol concession—i yielding to the demands
jof Sou.h Carolina—that it will seem as though
the General Government had been bnllied into
measures. At the same time, it is admitted
that the complaints of the South are just, and
ought to be redressed* Sir, I have been more
than astonished at the frequent -repetition of
phis objection during this session. What, Sir,
is tlie legislation ol the American Congress to I
be governed and regulated by such fastidious
ness? How many a noble and gallant spirit
has met an untimely 1 ite under the misguidance
of these false notions of honor! refusing to
m ike just reparation—to atone for an injury,
because a challenge had been given! And yet
we, to whose hands are confided in an eminent
degree, the destinies ol fifteen millions of peo
ple, are prepared to resign their high and im
portant interest—nay, to .stake the very exis
tence of the Union, upon this delusive idea!
Sir, how long before we shall be able to sink
life feelings ofthe man in the noble and elevat
ed and enlarged views ofthe statesman?
Gentlemen tell us, however, that by decisive 1
measures on the part ofthe Federal Govern
ment, all opposition to its authority will be put
i down, and tho majesty of the laws vindicated,
i How soon we forget the teachings of history
and experience! What instructive lessons do
I they give us as to the consequences, in national
'as well as individual quarrels, of a course of
menace on one hand, and defiance on theoth
; er! Collisions and violence have sc irely ever ;
failed to be the result. But we' are told with a ,
I triurnpant if notan unfeeling air, that it will be
an easy matter to put down South Carolina;
that the President has assured us that the laws
shall be cxcuted, and his ch iracter is a suffi
cient guarantee for the redemption of the
pledge. All this may be very probable. Front’
the account we have of popular meetings,
and the numerous offers id patriotic volunteers,
to enlist in thisgfur iuus enterprise, t you have
certainly little cause to doubt your success.—'
But how would you enj >y it, when purchased at ,
the expense of the blood of your valiant and ;
chivalrous southern brethren? Who would
rush madly on to crush even what some cuiisi
der a rebellion, when tho lives of hundreds |
of our own countrymen must be the cost? Sir !
I envy no man his feelings, who can either I
boast of such an anticipated victory, or cuuld ■
exult in the bloody achievemeu»., ,
■ Bat do you uoi run ths hazard of provoking the
i other southern States to take part of South-Caro
jlina? Muchas they disapprove her course, the
i origin of this ci ntrovorsy is Common to them all ;
* there is an identity of interest and of oppression,
I which is rapidly producing an identity of feeling.
I Sir, are not the present indications sufficient to
; warn geutlcmen ? Do not the unquiet state and
[feverish excitement in many parts <>f the southern
country, admonish yon what may follow the first
' act of violence ? Sir. once kindle this fire in the
j South, and who shall extinguish it ? Excite the
resentment apd passions of a gallant, high spirited
people, and who shall control them? Raise the
i tempest, af.d who shall allay it, or calculate its
i ravages ? Whore is the master spirit that can “ride
ion the whirlwind and direct the storm? What
■hand shall chain the billows of the raging ocean?
i Believe me. Sir, these are not the suggestions of
'an excited imagii.isj.tion; Violent and oppressive
measures in o'hcr countries, have generally result
jo. I in convulsions and civil wars; and beware that
I you do not make the history of your own a mere
i transcript from their records.
There are many past occurrences, Mr. Speaker,
to which it is painful to advert ; yet I cannot con
sent, on this account, to wave an advantage which
one of that character affords. A short retrospect
will bring to our recollection, an event .which will
j fully illustrate the argument I am now endeavor
i ing to urge. The gentleman from North-Carolina,
j Mr. Carson, ycsterd.iy referred you to the unpleas
i ant. controversy which existed in the year 1825,
I bet ween the General Government and the S'ate of
I Georgia. That controversy, and many of its tlllcn
j Uant ciicumstances, are fresh in my recollection. I
well remember the unequal contest which, single
handed and alone, we waged against this Govcru
inent. We not only derived no aid from our sister
States, but public opiijibii throughout the whole of
i them seemed th be against us. This was, indeed,
| “fearful odds.” It was our good fortune, however,
in this important crisis, m have at the head of df*
i Executive councils one of those choice spirits who
seem designed for great occasions’ With a firm
l nc.ss that never filtered, and a resolution that no cir
; cumstanccs could shake, he took his stand upon
the ramparts of Estate sovereignty and resolutely
resisted every attempt on tlie part of the Federal
(rovernmenl to interfere witji the just rights of the
State. Finally, however, .the executive of the
Union yentered to threaten us with military power.
Ihe effect was instantaneous—it was an electric
shock—the feelings which it produced spread from
i the 1 otomac to the Mississippi. r J hen it was that
tne .sympathies of our Ciuolrna brethren, who had
previously gi”en us no countenance, were aroused
in our beliall, and every northern breeze wafted
us the most cheering assurances that if an attempt
should be made to execute .the threat which had
, beenn uttered, we should not be left to contend
I alone against our gigantic adversary. And canitbe.
i matter of wonder now, that Georgia should mani
j fest a deep interest in the fate of South-Carolina ?
j Can she so soon forget this generous sympathy?
J No tSir, she can never be unmindful of H, nor un
■ grateful tor it. Happily the difficulty was adjust
| ed, and ihe historian lias not now to record in let
; ters ot blood the result of the mad experiarent.
| But, Sir, we have evidence on this point of a
I still later date. What lias the effect of the
1 recent proclamation, in which a resort
I to’force was intimated?'' What do gentleme from
the South learn from tho private lettars ? What
do the newspapers inform them as to the stale of
feeling which has been thus produced? Is it not
thus plainly to be foreseen what must be the result
of an attempt to control or subdue one of tnesc
States by Military power ?
But, Mr. Speaker, I am willing to concede to
our adversaries all the advantage in the argument
by the possibility which they allege—that Carolina
miy not repeal her ordin ince. “What then,” say
the gentlemen, “are not the Isws to be enforced ?”
To this I answer, that the bill reported by the Ju
diciary committee, together with the laws already
enacted, will enable the civil authorities to make
the effort. And even if it were certain that thev
would fail it is better that the President should be
reduced to the necessity -of convening the new con
gress to devise means for meeting the exigency,
i than to proceed now to violent measures. ’'Even
though tlie Federal Government has the power to
crush South-Carolina, it would bo magnanimous
to Im bear. Be kind and indulgent to her wayward
ness ; give her no cause of further provocation ;
but bring her back by gentle and conciliating means
to the path ol her duty. And who is there that
would not prefer a triumph thus peacefully obtain
ed, to one gained at the point of the bayonet ?
J am free to declare, howevar.'that even ifthest*
means should not succeede, and there were no
modification of the tariff, 1 would not. cither now
or hereafter, resort to military force. I would much
rather present to a state, assuming the altitude of
South-carolina, the alternative of submission or
’ secession. I cannot, for a moment, tolerate the
idea of subjecting one of these states to martial law
—of governing any part of this great confederacy
as a conquered province. There is something ab
horrent to my feelings in the suggestion of tho
baie possibility that the trial by jury is to be super
seded by the sword. In the first inaugural address
of Mr. Jefferson, the ablest production that ever
came from his pen, the Declaration of independence
alwiys excepted, he expresses the opinion that
“ours is the strongest Government en earth,”
And why’ “Because,” tays he, “it is the only
Government where, at the call of the law, everv
man will fly to tho standard of the law.” Yes, Sir,
hera is your reliance for the execution ofyour laVvs;
it is on your people; and to make this reliance
sure, your laws mint be so framed and so admin
istered as to obtain lor the Government their affto
. tion and confidence.
These ate the setritnents* substantially, ex
, pressed in <«o extract which 1 hud u< casrtm, a
ishort time since, to read Cojbe House, fr<>n>
i a speech ot the l ite distinguished Mr. Bay
| ftjd, 1 have now to ask the attention oif gcn»
tiemen to another extract from tn» ? : >nie sneel),
I It will require no remark from me to jA)hn out
I its application to the present crisis: indeed it is
, so very appropriate, that 1 hare procured the
printed volume which contains it, lest. If I
should quote trom memory, I might ptibjec
myself to the suspicion ot forgery. J svill read
hut a s'tngle sentence. “Your Goernv
meet is in the bands of the people; it has
no force but what it derives from tlVmi; and
yem t.nf iircin taws, mark the expression, arts
i dead letters, when they have ever been driven
to resist your measures." Sir, I would that
gentlemen may hear and receive this as a
voice from the tomb of the illustrious dead.
But, Mr. Speaker, I have an argument to
urge against the main provisions of this bill,
which addresses itself particularly to those
gentlemen who believe in the onconst+tutiotH
ality of the ptotective system. This bill .is in.
tended to provide for the execution. <<f tlio
existing tariff laws, whether the proposed mo
difica lion takes place or u'jl—-which h its