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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