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L
i?uy to Washington, to Uko my Seat in
th® Senate, deprived ine of the power of
Voting for the rniifiention of the treaties, by
which the cession was secured. I arrived
at Washington on the. fourth day of the ses
ame of Congress, and on entering tiio city,
passed by the Surreiary of the Senate, who
was going from the capital to the Presi-.
dent’s house with the advice and consent of
that body to the ratification.
, 1 took my seat in the Sennte the nftxt day.
Bills were immediately brought into Con
gress, making appropriations to tha amount
of 15 millions of dollars for carrying the Con*
vention into effort, anil for rimming the I’re*
Sident to take posses-ion of the retied t rr-
tory. These measures were opposed hv nil
the member# of the Senate, wlm had voted
agniustthe ratifications of the Conventions.
They were wnrinly and cordially snppoit-
ed hy me. I had no doubt of the eonstitn-
al power to make .the treaties. It is ex
the first odeaamn up >n wtucli my duty to tny j that if t’to question i.f constittitiohr.lity had
country prescribed to mo a eoutae of eon- hern brought before the State judiciary of
duet different from that which would have j Massachusetts, the .tension of the court
been dictated to me by the lenders and the I would have been against the law: The
'spirit of party. More than tine of yon I first postulate lor the projectors of disunion,
was present at a meeting of merrilicr* of was thus secured. The second still .inger-
thr Massachusetts Legislature, on the 27th! e.l ; lor the people, notwithstanding their
„r May, 1802, tlio day after I first took niv ! > xmii-ment, still dung to the Union, and the
scat as a member of that legislator''. A j federal majority in the legislature was very
proposal then made hy me, to admit to the small. Then was brought forward the first
council of the commonwealth, a proportion- [ project for a Convention of Delegates from
al representation of the minority as it e\is- ! the Now England States to meet in Connec
ted in the two houses, has, I trust, not been j item, and then was the lime, ut which I urg-
fnrgotten. It was the first act of my legis ! *•<! with so much earnestness, tty letters to
lative life, and it marked tlio principle hy tny friends at Washington, the substitution
which my whole public career has been
governed, from that day to tit's. My pro
pusal was unsuccessful, and pm Imps it for
feited whatever confidence might have Itcen
otherwise bestowed upon me m a partv fol
lower. My conduct m the Senate of the
United States, with regard to the I, misiamt
The) cession, was not morn acceptable to the
pressly delegated in the Constitution. ,
power of making the stipulated payment | lenders of tlm Indent party, and mine n you
tbr the cession, and of taking possession of. may perhaps remember, that it was suffered
the ceded Territory, was equally mirpiesli- to pass without notice or censure, in the
oned hy tne ; they were constructive pnw-1 ptihlie federal jonrn.tls ol the time.
of the non .intercourse for the embargo.
The non-intercourse was substituted.—
Tint arrangement with Mr. Erskine soon
afterwards ensued ; and in August, I HO!), I
■mharked ttpoll a public mission to Russia.
My ahsHiiee I rum tire United Slates was of
eight years’ duration, and I returned to take
charge of the department of State in 1817.
The rupture of Hrskiiie’s arrangement,
the abortive tni-sion of Mr. Jackson, the
dist lo' iires of Mr. John Henry, the war
with (treat Hiitnin, the opinion of thejudg-
me. Court of Massachusetts,
of conferring upon them, in n muss, all tlm
rights, and requiring of them all the duties,
of citizens of the U. Sta'es, it appeared to me
had not been delegated to Congress hy the
people of the Union, and could not have
been delegated hy them, without the con
sent of the people of Louisiana themselves.
I thought they required an amendment of
ere, hut I thought them faiily incidental, nn.l With ing.ml to the project nl a separate ks -d the bupreme Court of Massachusetts,
necessarily consequent upon the power to Northern Cmtiederary, formed m the winter | that hy t.m constitution,.d the Umtpil States,
make tlm tienty. But the power of annex- of 180:1, ’Lin consequence of the Louisiana 'to power wn
tng the inhabitants of Louisiana to the Union, i cession, it is not to me that you must ugply or to < mu: ret
" for eopies (d the eorrespniidetiee in w lueli it
I was euntaiiied. To that un I to every other
I project of disunion, 1 have been ron-tiuillv
opposed. Mv principles do not admit tlm
right even of the people, still less of lint Ut -
gi.ilature of nny one slate in the Union, to
secede at pleasure from the Union. No
provision is made for the exercise of this
the Constitution, and a vote of tlm people right,eiilier hy the federal, rr any of the
of Louisiana ; ami 1 offered to the Senate ' state constitutions. Tlm ni t. of exercising
resolutions forearrymg both those measures it, presupposes a departure from tlm prim
given either to the president
to determine the actual ex
istence nt the exigencies, upon which the
inditi i of the several stales may he employ
ed in tlm service of the United States, ntni
the Hartford Convention, all happened dtir-
lritr 111\ absence from tins country. I for
bear to pursue the narrative. Tlm two
postulates for disunion were neat Iv consum
mated. The in'erpnsition of a kind I’rovi
donee, restoring peace to our country and
to the world, averted the most deplorable
of catastrophes, and turning over to the re
compact; and a resort to that of ceptacle of things lost upon earth, the ad
j punned Convention from Hartford to B >s
into effect, which were rpj"ctod. eiph
It ha# been recently ascertained, hy a let- j force. |.l .
ter from Mr. Jefferson to Mr. Dunbar, writ-I If, in tlm exercise of their respective j'ton, extinguished (hy the mercy ot. Heaven,
ten in July, 1803, after he had received the functions, the legislative, executive, and ju- \ may it In; forever) the projected Novv-Etig-
treaties, and convened Congress to consider 1 dicial authorities of tlm Union on nne side, | land Confederacy.
them, that, in his opinion, the treaties could | and of one on more states on the other, are • •cmtlcmcn, I have waived every scruple,
not be carried into effort without i:i amend- . brought into direr! collision with each olli | I"' 1 haps even the proprieties ol mv situation,
me,it to the Constitution : and that the pro cr, tlm relations between the parties are no j ,0 gi ve y nu this answer, in ennsidorution ol
: longer those of constitutional right, lint of <bat long and sincere friendship iiir some of
independent three. Each party construes y'lii, which can cease to bent only witii the
i the common compact for itself. Tlm con-' last pulsation of mv heart. But I canmu
structinns are infconeileahlo together. —j consent to tt controversy with you. Here,
; There is no umpire between them, and the if you please, let our joint correspondence
■appeal is to the sword, the ultimate arbiter 1 res’. I will answer, for tlm public eye. or
posal for such an amendment would be the
first measure ndopted by them at their tin nt-
trig. Yet, Mr. Jefferson, President of the |
United States, did approve the acts of Cm
gross, assuming the power which he had t
recently thought not delegated to them, and, 1
as the Executive of the Union, carried them j of right between independent slates, but f ,,r Um pri vate ear, at bis option, either ol
into execution. not between tlm member* of one body puli j y°'t, speaki"g for himself, upon any que.s
Tbu# Mr. Jefferson, the President of tlm \ tic. I therefore hold it as a principle' vvitli Mjo'h ' v hieh he mat justly deem necessary,
lor the vindication of ins own reputation.
I?ni I can recognise among you no represen
ts States,the Federal me tubers of Congress, out exception, tha t whenever the constituted
who opposed and voted against the rntifica- authorities of a state, authorize resistance
lion of the treaties, and myself, all concur- to any act of Congress, or pronounce tt un-
ad in the opinion, that the Louisiana cessi
on treaties transcended the Constitutional
powers of tlm Government of the U. Stales.
But it wus afte.r all n question of construc
tive power. The power of making tlm trea
ty was expressly given without limitation.
Tlm sweeping clause, by which all powers,
necessary and proper fur carrying into ef
fect those expressly delegated, may be un
derstood ns unlimited. It is to be presum
ed that when Mr. Jefferson approved ami
executed the act# of Congress, assuming the
doubtful power, he bad Immglit lus mind
to acquiesce in tIti9 somew hat Intitudiiiuriiin
construction. I opposed it ns long and ns
far as tny opposition could avail. I aeqni
eared in it, after it Imd received the s tncii
on of alh the organized authority of the U-
nion, and the tacit acquiescence of the poo
pis of the United States and of Louisiana.
Hi nee which time, so far as this precedent
goes, a ml no farther, I have considered the
question as irrevocably settled.
But, in reverting to the fundamental prin
ciple of all our constitutions, that obedience
is not due to an unconstitutional law, and
y»at ita execution may be lawfully resisted,
you must admit, that bad tlm laws of Con
gress for annexing Louisiana to the Union
been resisted, by the authority of one or
more States of the then existing confedera
cy, an unconstitutional, that resistance might
have been carried to the e.xent nCdi-s. Ling
the Union, and of forming u new ronfutle-
rncy ; and that if the consequences of the
cession had been so oppressive upon New
England and the North, as was appre
hended by the Jedcral leaders, to whose con
duct at that times all these observations re
fer, the project which they did then form
constitutional, they do thereby declare them
selves and their State quoad hoc out of the
pale of the Union. 1 luit there in no sup
taiivo characters. Justly appreciating tlm
lial piety of those, who have signed your
■iter in hehnlfnf rheirdeeensed sires, I have
no reason to believe that either of those pa-
posahle ease, in w hit’ll the people of a State j rents w ould have authorized the demand lor
might place themselves in this attitude, hy j names, or the call lor evidence which \ou
tlm primitive right of itisurrec.ion against j h.tvo mad.!. With the lather of your last
oppression, I w ill not atUnu : hut they have signer, I hud, in the year 1809, one or more
delegated no such power to their legisla-1 intimately confidential conversations on this
lures or their judges ; anil if there lie such a | very subject, w hi. li I have fluttered myself,
right, it is the right of an individual to coin I ami sliil believe, w ere not without their in
tnit suicide-the, right of an inhabitant of a I ffueneo upon the conduct of bis last and
populous city to set fire to his own dwelling best tl tys. Ills smi may have found no tra-
iiouse. These ure my views. But to those, l-es of this among Ins fatliet's papers. He
w ho think that each statu is a sovereign may believe me that it is nevertheless true
volutionary war, ft'.uph Carolina was sub
jected to privations unheard of. The pence
of 'KJ found Carolina a dreary waste. In
the late wnr, Iter resources were locked tip.
The restriction) previous to the war—your
embargoes and iioti-iiiteiS'ourse—rendered
her productions useless to her ; but she sub
mitted to tlmin fur tin* common good. The
peace of 1815 brought with it the policy of
aiding domestic, manufactures. Protection
was extended to them, not for the general
good, but to gratifv a prevalent spirit nt'ava
rice, which war profits had (treated in the
speculative and monied portions of the com
munity. lie insisted that the first impulse
to this policy was given not hy tlm demands
of the general good, Init hy an avarice of ex
traordinary profits, When we were about
to reduce the double duties, we were told
that, on this subject, we were committed ;
that we were pledged to continue the duties,
under which the manufacturing establish
ments Imrl grown up. We were also told
ihn manufiicttirers wished the duties to he
continued for only a few years, after which,
they would, without protection, be able to
compete in the home market with the for
eign munufiirturCH. We yielded ; and so
fur from having reduced th" duties since,
we have increased them. The system lias
been Constantly and gradually enlarging —
At every stage of its progress, it had been
met by Soitih-Cnrolinu with remonstrance.
The State Legislature, towns and counties,
and societies, had remonstrated against this
mischievousnnliey, and warned the Govern
ment mid country of its dangerous teuden-
ev. Those memorials were referred to the
Committee on Mnnufneltirfcs, and there Ini
ried. lie had never seen any detailed re
purl upon them. They tell ns that the peo
ple are in favor of tlio policy, while strong
and earnest remonstrances against it lire
sleeping in your archives ; if, indeed, they
have hei'ii honored with a place there.—
After being read from that desk, they find
never again been heard of. Carolina had
never been so much depressed ns at pro
sent ; but it was not in a pecuniary point of
t lew idono that she looked at this Tariff’.
She was interested in the administration ol
the Government on fair and constitutional
coutest with tlio Federal Government, which
terminated not in civil war but with a suit m
the Supreme Court. Hut many in that
Slate joined ill the outcry against Carolina.
Ohio Imd n contest with the Government.-
There was a good deal of writing about
it, and he remembered that the Sta e assum
ed u very strung tone. Yet we are told from
that quarter, that Sotltli-Carolitla lias plot
ted treason. They euf, drink, and make
merry, nt our expense, and denounce us as
traitors. He was sorry to mention another
State, Kenturky, as having joined in the
clamor ngninst Carolina, lie had before
him an account of a public tneering held in
that State, in a Church too, w hereat resolu
tions were adopted in which every term ot
opprobrium which the language afford*, i-
'nvisliod on Smith Carolina. This was the
act, not of a drunken crowd assembled hi a
low tavern, but of respectable citizens, head
ed by an ex-mumber of Congress, and ns
sembled in a Church. The resolution and
address were drawn up by the ex-member
to whom lie alluded.
They offer the assistance of tlie good pen
pie of Ohio, to put down such proceedings;
anil say that they run counter to every prin
eiple of good Government, especially of our
o.vu Government, which recognises the
principle, that the majority shall rule. I,
said Mr. Smith, as a Senator from South-
Carolina, protest against t his monstrous doc
trine, and I announce that it is a doctrine to
which the State of South-Carolina will ne
ver submit. , If t lm majority shall rule, away
with your Constitution. What need have
we of a written Constitution, determining
ihe power delegated to the Government, if
u majority may overrule that Constitution ?
litlhis case a majority lias decided. We pro
test against the decision, and offer anotliei
test-—the Constitution-—which we believe
to he a lietter test than an interested nnijori-
ty. What ic the value of h Constitution, ii
a majority can kick it uut of door# ? What
security is afforded to the rights of the mi
nority, if such is to he the principle of otn
Government? How different from this was
the language of Kentucky in the year ’9c
At that early period of the Government,
when almost every person m as able tojudg
principles. Your N ivy, which rf. Carolina of the spirit and intention of the Cmislini-
jmlge, not only of its own rights, hut of the
extent of powers conferred upon the getter
al government hy the people of tho whole
Union 7 and that ench State, giving its ow n
construction to the constitutional powers of
Congress, may array its separate sovertign-
ty against every act of that body transcen
ding this estimate of their powers—to say
of men holding these principles, that, for
the ten years from 1804 to 1814. they were
intending a dissolution of tint Union, and
the furnmtion of a new Confederacy, is
charging them with nothing more than with
acting up to their principles.
To tho piir|Kisi’s of party leaders, intend
ing to accomplish the dissolution of the Un
ion and a new Confederacy, two postulates
ant necessary, First an act or acts of Con-
cress, which may he resisted as unconstitu
tional { and secondly, a state of exeiteiui ut
among the people of one or more States of
the Union sufficiently inflamed, to produce
acts of the Stain legislatures, corilliciing
with the acts of Congress. Resolutions ol
tho legislatures denying the powers of Con
gress are the first steps in this march to dis
It is not improbable that at some future
day, a seine of solemn duty to my country,
may require of me to disclose ti e evidence,
"Inch I do posses", and for which you call.
But of that day the selection must lie nt m\
own judgment, and it may be delayed nil I
myself sh .ll have gone to answer fur the
testimony I may bear, before the trilmnnl of
your (<od and mine. Should a disclosure of
names even then he made hy me, it will, it
possible, be made with such reserve, as ten
derness to the feelings of tlio living, and to
the families and friends of the dead, may ad
monish.
But no array of numbers or of power slial 1
draw me to n disclosure, which I dei m pre
mature, or deter mo from making it, when
mv sense, ol duty shall sound the call.
In the menu time, with a sentiment of af-
feclinnate and unabated regnyd for some,
and of re.-pi ct for all of you, permit me t<
subscribe myself, your friend ami fellow
citizen,
JOHN QUINCY ADAMS
of severing the Union, and establishing it union ; hut they avail nothing, without still-
*WBOTX«»zil COfTOi
sr.tm.M n sf.ssiox.
LC33,
Northern Confederacy, would, in their np
plicution of the abstract principle to the ex
isting state of things, have been justifiable
Li their views, therefore, I impute to them
nothing which it could he necessary for
them to disavow; Sz, accordingly, these prin
ciples were distinctly and explicitly avow-
oil, eight years afterwards, by my excellent
friend Mr Quincy, ill his speech on the ad
mission of Louisiana, as a Stale into the
Union. Whether lie had any knowledge
of ill" practicable project of 1803 mid 4, I
know not; but the argument of Ihn speech,
in winch lie referied to my recorded opini
ons upon the constitutional power, was an
eloquent exposition of tile justifying causes
of liiat project, as 1 had heard them detailed
at the time. That project, I repeat, had
gone to the length of fixing upon a military
leader for its execution ; and although the
Circumstances wf the times never admitted
of its x culiuti, nor even of its full deve-
lir .-merit, I had yet no doubt, in 1808 and
lb; 1 and have no doubt, at this time, that
it is the key to all the great movements ot
these leaders of the Federal party in New
England, from that time forward, till its fi-
ual catastrophe in the Hartford Convemi-
•eque.tit and corresponding action. The
annexation of Louisiana to the Union was
believed to he nneonstilntiomil, hut it pro
duced no excitement to resistance among
'lie people. Its beneficial consequence# to
the whole Union were soon felt, and too
SOU m C Uioi.tN A PRO FES F.
BLN AT K UNITi'.D STATUS.—Fob. 10.
Mr. Smith of Sniith-Candiiia, in present
mg the Protest of tin- Legislature of rintith-
Carolina, against the present Tariff’, which
away all possibility of holding it up as the I document we published in our paper on
hihariiui of a political religion of disunion ' Wednesday, made some observations, of
File projected separation met with other which the billowing is an abstract:
disasters, ami slumbered, till the attack of lathe discharge of i he high trust ropos-
ihe Leopard on the Chesapeake, followed led in him, it was not Mr. S's purpose toen
hv the Orders in Council of 1 lilt November,! ,<!r into a discussion ot'the principles ol
•herishes with pri le ami pleasure, she sees
employed, tint in convoying the productions
of the soil, hut in protecting a little traffic
curried on by our manufacturers. There
were, to be sure, a few sloops in th6 West-
India seas, sent hither to harrass the pi-
rates ; mill a few ships were, perhaps, still
engaged in protecting the wretched rem
nant of our commerce ; which remnant was
itself fast dwindling away, under the opera
tion of the Tariff’.
Snttth-Carolina Imd contributed .largely
nl the material which constitutes a national
Government. What had she got in return -
Not protection lor her commerce and ac r i-
•ulture. Both were palsied by tlm policy
of the government. 'Vo have a ii'.iie coast
mg trade for carrying our products to
the northern ports, ami now and then we
see a foreign ship ill our iiuibors. Nothing
Imd Carolina received tn return for the sup
port which slm Imd given to the general
government. Thirty years, continued Mr.
Smith, had elapsed after the adoption of the
constitution, before the power was claimed
to impose duties as an encouragement of
manufactures. But from causes which might
perhaps be iletailed, the assumption of the
power was now acquiesced in by muny of
the Ht ti tea. Oil" man sees it neighbor pro
litmg hy a tmuiufiietory, and he determines
tn have one too. He conies here and claims
protection for it. , Many members of Con
gress who were interested personally in
manufactories, had exerted themselves in
favor of increased Tariffs, lie might lie
ailed to aeroinn for this assertion; hut he
was prepared to support it by giving names
ami instances. It was impossible Mr. 3.
contended, that the framers of the Consti
tution contemplated the delegation to Con
gress of a power tn control the industry of
the country. Nut in a despotism would
such a power he claimed. It was a nion
stpuis absurdity to suppose that the Consti
union was intended to place the whole la
bor and wealth of the country in the hands
r.fa few jineutfac 1 tiring capitalists. Not the
hundredth nor the thousandth mutt in the
community was interested in this system
The true character of the sysu a. Mr 8. be-
heved, was no-.v unveiling. He hoped the
people would sec Ps deformity before n
should he too late to rid iliemso'lves of it
Carolina found herself oppressed and he
■ame sen' hie of impending danger, Init
relying on tin'justice of her sister States
she forbore from violent expressions of her
dissatisfaction. She was willing to forbear
almost till her last cent and last morsel I on imported sill
were g ine, could she hut see the slightest | liate ill Congi
1807, led to the embargo of the 2‘>d Decem
ber of that year. The first of these events
brought the nation to the brink of war with
Great Britain ; and there is good reason to
believe, that the second was intended ns
Gentlemen,—I oh«erve among tlio sign
ers of your letter, the name# of two tnem-
hers of that Convention, together with that
of the eon of its president. You will not
understand me a# affirming that either of
you wub privy to this plan of military exe
gution, ill 1804. That may be known to your
selves and not to me. A letter of your first
signer, reeontly published, has disclosed the
fact, that he, although the putative was not
the real father of the Hartford Convention
the oppressive law against which the Pro
test was directed ; but lie would make a few
prefatory remarks. rioutli-Carolioa heliev
ed that tin* Constitution was formed fur cer
lain specific objects ; that tile Federal Go
a measure familiar to the policy of that '’eminent in extending its authority over o
tion, the Legislr.tua of Kentucky, in an able
and luminous document, denounced the A
lien und .Sedition Laws; in fact, declared
them to he no law, ut all. They went so
far as to nullify the act, and openly to
dare themselves free from its operation. But
yet Smuh-Cftrolinn lifts her tradueer
Kentucky, w ho did not scruple to term her
resistance tu an unconstitutional measure,
treasonable, rebellious, and seditious. We
are told m t|,e public prints and in conver
sation, continued Mr. Smith, that the ncg.
Administration is to make whole the breach
es, and heal the wounds of tbR Constitu
tion. In w hat respect was the Constitution
to bo repaired? The essential points it,
which it bad been violated, was in assump
tion of the power to make Internal Improve
ments, and to establish a Tariff for the pro
tection of dotm stie manufactures. Would
i he new Ad mil list ration cure these wounds ?
lie spoke not in derogation of the Adminis
tration ubimt to depart; he bail respected
all the Administrations under which lie bad
lived ; but lie would say, that, during the
lust foul* years, the Constitution bail been
grossly violated. The Tariff' and Internal
Improvement systems, both or either, weie
calculated to dissolve the Union. The Tariff
he believed to grow out of the cupidity of
i he capitalists; as one evidence of tins, he
ineiumiied that a person was sent hy them
to this City, during the discussions on the
Tariff’of ’24, to w atch the proceedings of
this body ; and the services of that imliv idu-
al had been rewarded by a seat on the Hour
of the other House.
Whence, repente;.’ Mr. Smith, is the heal
ing halm to come which is to cure the
wounds of the constitution ? Will the con
stitution be restored by hurling every man
from office who holds one? Can we mere
Iv, hy .-biffing oft’ the incumbents and bring
iug in a new- set, rid ourselves of those odi
ous and oppressive laws? He was forcibly
struck with the old fable. He thought we
had better let the old set remain, us the new
set would come in hungry, & must be sated,
like their predecessors. Mr. S. was of the
opinion our only chance of safety wus in the
repi nl of the Bill section of tie- 1st article
ul the constitution. The 11 general welfare”
would bring the nation to ruin. It was
the greute-t tyrant in ul) Christendom. I
means every thing or nothing. It was a
hobby which every one could ride. If a
man ha.s a hand full of silk worms mid a
few mulberries, the ” general welfare” di
rects thut u heavy impost should be levied
' •• Thorn was a great tie
about it hand full
evidence on the part of the government of alum which some man hud made; and an
it returning sense of Justice. Theiroppres
sions being multiplied upon them hy the
government instead of being relieved, the
people of Carolina met, during the Iasi
\ ear, in their primitive assemblies, to consult
on their situation. This step luiil linen non
government, to sweep our commerce from (her subjects abused their trust A: that when- siiretl in other States, in the most opprobri
the ocean, carrying into British ports every
vessel of ours navigating upon tli" seas, and
holding them, their cargoes,und theircrews,
in sequestration, to aid in the negotiation of
Mr. R use, und bring us to the terms of the
Brjtish cabinet. This was precisely the
ever the Constitution wits thus violated,
heeunte the right mid duty ol' the respective
States to resume their authority. S.iuth-Ca-
rotum held that the States had, in the Con
stitution, delegated no power to the Govern
ment to assume the direction of tli" labour
period, nt which the governor of Nova Sen- 1 and resources of the country. Carolina hud
tia was giving to his correspondent in Mas-] « deep stake in the welfare ot this country,
sachusetts, the friendly warning from the anil had, on every occasion, manifested lm
As he, who has hitherto enjoyed unrivalled,
nl to bestow upon
the honor#, i# now disiiosei
others the shame of its paternity, may not
the ostensible end ilie real ebaracterof other
incidents attending it, be alike diversified, so
that the main k. ultimate object of that as
sembly, though beaming in splendour from
its acts, was yet in dim eclipse to the vision
of >ts most distinguished members.
However this may be, it was this project
British government of the revolutionizing
and conquering plan of France, which wa-
communicated to me, and of which I ap
prised Mr. Jefferson. The embargo, in the
mean time, bad been laid, and had saved
most of our ve.ssels and seamen from the
grasp of the British cruisers.— It had ren
dared impotent the Rritisli Orders in Conn
ed; but, at the sume time, it had chok
ed up the. channels of our own commerce.
\s its operation bore with heavy pressure
upon the commerce and navigation of the
North, the federal leaders soon began to
elamor ngainst it; then to denounce it as
unconstitutional ; and then to call upon
levotiou to its interests. In the Revoluti
onary struggle, she brought her full proper
tion of resources, of patriotism, of talent and
ot gallantry -and her blood ll iwetl ns freely
as that of any other of the Colonies. Ca
roliiin. after the war, surrendered to the Fe
deral Government wlwit would have placed
her among the most opulent of ilie S'Htes.
She ceded her domain, expecting protection
from the confederacy, whose power and
wealth were increased hy the cession. Ca
rolina then owed un allegiance to tne confe
deracy. She was under no obligation to
it, except -to discharge her portion of the
debts due by it at home and abroad. But
the Commercial States to concert measures she surrendered to the States what, in point
among themselves, to resist its execution, j of wealth, would have rendered her second
The question made of the constitutionality
of the embargo, only proved, that, in times
off violent popular cxeilemeut, the clearest
delegation of a power to Congress will no
more shield the exercise of it from a charge
of 1803 mid 4, which, from the time when I|nf usurpation, than that of a power the
flrst took tny seat in tho Senate of the Uni- most remotely implied or constructive. The
question °f the constitutionality of the etn
b
led Stales, alienated me from the secret
councils of those leaders of the federal par
ty. I was never initiated in them. I ap
proved and supported the acquisition of
Louisiana ; ami from the first moment that
the project of separation was made known
to me, I opposed to it a determined and in
flexible resistance.
It is well known to some of you, geutle-
tftep»lhat tb« oegstou of Louisiana was not
bargo wus solemnly argued before the Dis
to no Slate in the Union. She gave it up
for the sake of union; for the purpose of
adding to the rominon strength. It wus
said the Constitution is a compromise. In
that compromise, S. Carolina obtained no
boon. She got nothing more than what was
already secured tt) her, her sovereignty—In
she had given up what had added to the
wealth and security of the other States.—
triet Court of the United States at Salem ; I Carolina, Mr. S. said, had never regarded
and although the decision of the judge was
ill its favor, it continued to be argued to the
juries ; and even when silenced before
them, was in the distemper of tha times so
infectious, that ‘he juries themselves Imliit-
unlly acquitted those charged writ the vio
lation of that law. There wasltitle doubt
this as a sacrifice until she found adispostti
no on the part of the Government to in
fringe upon her rights. During the late
war, Carolina was vigilant n observe the
laws and protect them from the infraction
of others. During the two or three years
of that xyar, and the bevett years of the Re
ous terms. It Imd been termed seditious
and rebellious. Every odium hail been at
tempted to be east upon Sontli-Carolina for
purposes xvnich could he easily explained.
The grt at mass uTthe people of South Car
olina were firmly and affectionately attach
ed to the Union. Was it possible thut, in
forty years, the State wus brought to so me
lancholy a situation that, on the brink of ru
in, she could not complain ? Must she sub
mit to be. shorn us tamely a# the animal
which gives its fleece to the support of this
system ? South-Caroliiia had complained,
and would continue to complain, till her
wrongs were redressed. To w hat extremi
ty of resistance she would lie forced, lie
had not the prophetic power to determine.
South Carolina hail been reprehended by
States which once w-re witii Iter in th" con
'miction of the Constitution, and which
States had, under much lighter burdens
than that which now oppressed Carolina,
presented a fierce front to the Government.
I’eunsylvanin, in ’ill, when the Government
was uhout to excise the delicious beverage,
whiskey, assumed a belligerent bearing to-
wartls the Government. The commotion
wus not confined to the murmtjrings of a
few individuals, lim it extended throughout
the whole State. The Legislature of Penn
sylvania laid the foundation of tlio insurrec
tion hy its course. Arms were taken up,
but notwithstanding, the whiskey was ex
cised. The State believing the law to be
nn unjust encroachment on their rights, took
uti arms. They drove tbe officer of the
Government, charged with the execution
of the law, from his house. Tbe Govern
ment was compelled to march an army in
to the State to enforce the execution of The
laws, and put down the insurgents. But
Pennsylvania had now no sympathy for
■ Carolina. The filatu of Maryland had a
attempt was mmlu to increase the duties on
the article. Every measure, however ab
surd and mischievous, was carried to the
account of the general welfare. It remains
said Mr. S., to lit seen whether there is halm
for the healing of tlm rMisiiUilion, whether
there is any design to bring back the con
stitution, to a lair and correct consti action.
We must support tin army npd a navy now
to protect manufacture#. The navy, that
proud monument of the Union, created for
the protection of our commerce, now finds
its almost sole employment in suppressing
smuggling, ami in protecting a little traffic
which our manufacturers carry on. The ar
my is also kept up for the purpose of pro
tecting the laws, and of guarding the mora
lity of tho people. How vain, exclaimed
Mr. S., aro laws without morals. You can
not enforceyour revenue laws, because those
very laws have demoralized the people.—
When did you hear of smuggling before
your oppressions drove the people to ii, tvs
an expedient to elude laws which could not
be wibmtttod to. Smugging lias of lule ivi-
rreased to an alarming extent. Formerly
there was scarcely a man in the country
who would not have detected k brought to
justice a smuggler. New stations had been
established, and old ones revived, for the
purpose of suppressing smuggling. But on
a lint! of fifteen hundred miles in extent yon
must raise a Chinese wall to prevent illicit
intercourse, and even then yon csnyiot
prevent it. A free water communication
through Lakes Champlain, Ontario, and E
tie, afforded facilities to the introduction of
commodities which no laws nor force could
counteract. Mr. S. also mentioned ft mili
tary force had been stationed among the
Winneliagoes to protect the lead mines. At
the -atne time, we were pnying 5 cents duty,
more or less, for every pound of lead which
was used in the navy or commercial marine.
In vain will you legislato, you will ruise
armies in vain, if your laws are oppressive.
The history ot all nations taught us that a
lespotistri was never assumed hot oil the
'lav, no: Qifngle refmblicnrt G’nVcr'Uruc.rtl’k.W
endured. ,V.S, alluded to the discnutci,u,|
'bit'll Ii ti ii prtvuiled, and were prevalent
to th' 1 more tliuti ominous signs given in t
auti-tnriff tSlatee, and declared that, in 1,^
opinion, wItic.li he believed would lie thsu.
pinion of erery man who would liew t|»
subject without prejudice, this government
would have a short life, unless the e'clitt*
section should be repealed or amendi-d
Under the full hope that the time u ns up
ufoticlnng when the evils romphimeil ( J
would be. remedied, be presented the pin,
test. The great seal nf tile State of South.
Carolina was affixed to it, and it twi-
zro*s"d on durable material. When tt, la
parchment, concluded Mr. ri., shall he did
strayed b\ time, may the people of this conn,
ny lie united, prosperous, and happy.
I i e document "its then read Irom ffjj
desk of the .8, net,m v.
Mr. Hayne row, nnd said, find the importance tfl
the subject, anil the intense interest it had exeitcj
uinoag his constituents, mast he his apology i u r aid
ding II few words to what Imd fallen Irom liis col.
league. He knew tlmt every tiling e liicli proceed^
ed from so high it source u* one nt the Soverei'm
and Independent Biiites of this Confederacy \v M
entitled to receive, and, lie trusted, alttuys uoulif
receive, the must respectful coiisid 'ratiun here.—
It was not .so much, therefore, «»hl Mr. If to i„.'
vite the earnest attention of the Benute to this pm,
test, as to do justice to my own fee I ip gs, amt t u
fulfil my obligations ns one of the Uepre.-entativcv
of Bnutli Carciliim, thut 1 now proceed to make a
lew i-■•niark-s, suggested by the occasion.
(tne of the most unhappy circumstances conned,
ed with the present condition of the B.mtlic
.States, was the great, he might perhups say the
Jtlporiibic, difficulty of causing their seutimeii:
and feelings to be made know u. r-o us to he unfit.-
stood and appreciated hy their fellow-citizens ii
other quarters of the Union Viewing the L'm'J
Stoles us one country, the people of the Soutl;
might almost be considered u. strangers in the. I md
of the r fathers. The fruits of their industry had,
U'otn the policy pursued by the Federal Govern
ment for many years past, been flowing to th'.
North, in a enrreut as steady and tmdf .iutii'g a'
the waters of the great gulph ; and ns the source-
of our prosperity were drying up, that reciprocal
intercourse which hud softened asperities, anj
bound the different parts ot the country togetherj|
the bonds of common sympathy and affection, Inap
in a greut measure, ceased. That close and inti
mate communion, necessary to a full knowledp)
of each other, no longer existed, and in its place
there was springing up, (it was useless to disguise
the truth,) among the people in t^nsite quartet
td the L nion, a spirit of jeaiousytufc^’
founded on a settled conviction,on that?
that they are the victims of injustice, and. oi! tin,
other, that our complaint*, ii iwt groundless, inutr
be safely disregarded. The People of the Boatti,
are well aware of tbR evils growing out of tins un
happy state of thongs ; and of none are they mere
deeply sensible than that (from causes to which Ij
shall not "aw advert) the eyes of our brethren have
beenV.usedto our true condition, and their heartx
'•lUt against our just complaints. Although South!
Carolina, in common with several of her sister
States, had, on former occasions, uvowed the prin-,
tuples contained in the I’roti -t, yet it may lie well,
doubted, (If we are to judge from what we heats
und see around u*.l whether it L believed, North
ot the Potomac, that she readily entertains them—,
lor, in the fare ol Ilie solemn declarations of her.
People, and their Representatives, denouncing the,
policy pursued hy the Ftderal Government as in-,
voicing them iu ruin, we .-till find the public oah
abused, and the.public mind deluded, by esagge*
rated statements of onr uninterrupted pro-peril/
and hupp.ness. It has even been insinuated here,
at the very seat of Government, that the enligh
tened public opinion at the South is in favor of
this policy, ami that the excitement which
there is merely '■ artificial,” if it lias natbccivq?
up for party purposes.”
Sir, this state ol tilings, let me assure grntiemen,
must not be suffered to continue, or it will inevita
bly lead to the most unhappy consequences. Ic
lias become necessury, therefore—indispensably*
uece wiry—thut the sentiments of onr constituent#
should lie expressed in the most deliberate and im
posing form. in a manner no longer to be misundcr**
stoo 1, or misrepresented.
The Legislature of South-Curolina, coming di
rectly Irom the People, have, at their late seseiou*
with an unanimity without example, instructed
their Senators to lay this their Protest betore von..
In obedience to that command, my colleague,
and myself here, in our places, in the presence ciS
the Representatives ot'k-e several States, uad it*
the lace of die who!" Aw lean People, solemnly
protest ngainst the Bysteel of Protecting Duties*
” as USCO.SITITCTIOXiL, l .' 1’KRSSIYn, and V.VJCST.
VVc desire that ibis record may bear v. ilnrss for uSI
to ail future times, that we have earnestly remon
strated with our brethren against the extension of
an unwarrantable jurisdiction over us; and, with
full experience ol the ruinous cff.cts of the system
of protecting duti-s. have denounced it as utterly
destructive of our interests. The People ol Boutir
Carolina find themselves impelled, by their attach
ment to the principles of the Constitution, and by
a proud recollertiou of common dangers, and cons*
inon triumphs, to endeavor to preserve for then)-*
spiv, s and Iheir posterity those rights and privile
ges, secured to them by the great charter ot our li
berties, and consecrated by the blood ot our tu-
thers. It is (to use the language of file Protect,)*
” because they anxiously desire to live in peactx
with their brethren, to do ail that in them lies. t»
preserve and perpetuate the Union of the ritatesj
mid the liheitiesof which it is the surest pledge,
that they nniv protest against a system, which
not only ai ms a fatal blow al the prosperity of 8.
Carolina, (' dopi-ndoiit as she must ever eontinm*
upon agric iilture and commerce) hut winch threats
enshervt rv existence ns a State.
I know. Mr. President, fhat it is not a suitable otff-
c isioa tor tin- examination oi the principles Irrv'di ’
f i in this Protest. With regard more cspeciuliv
to the violation of the fundamental principles o'?
thrCu.'istitutiou.by the sv tern of protecting duties,-
the pis. mnt crisis is peculiarly unfavorable to pro
fitable discussion. One of the futhers of the Con
stitution has, mo«t unfortunately torus, and unhap-
pily io r his country, if not for his own fame, thrown
the w eight oi his great name into the scale of pow
er. ti this, therefore, were a question to be deck
ded by authority, we should he almost witliouV
hop./. But the People ol the South will never,
y>»d.d to the authority of names; however voliera-
ble, when the principles ul libprty tyc at stakesee
''i/en the question to be decided Is, whether th&
® . fetnuin a Federal Government, with strictly
ifnitcu powers, or shall become a Consolidated,
*overtiment, with all power centered here. And,
i i j S a PI )CAr us » that the principles now conr
Fended for by Mr. Madison, lead directly to in
vesting this Government with the power—openly
contended'- 'for in another quarter—of “ organic**
mg the w hole labor and capital of the country,” •
power which ut once reduces the .States 4o mere
petty corporations. We shall not, I trust, there
fore, tie accused of disrespect tow ards Mr. Mftdi-
" hen, dissenting from his principles, we en
deavor to save the most precious work of his hands
trom being deformed, if not demolished, by the
application of tbe doctrines he has recently advo**
1 hat Congress has a right 41 to regulate com
merce,” and, under that power, may, in a proper
case, resort to countervailing commercial regula
tions, is no more doubttul, than that they may de
clare w ar, or raise money by a direct tax, or hy
duties upon imports. But that these powers ip^y*
he resorted to ns tht. means of directly promoting
manufactures, or that they may ho right fully nici
for such a purpose—a purpose entirely afferent.
from, if not opposite to, that for which they w«»
granted—isn proposition which will AiwtisUTan/
abuse, however extravagant, and leaves no limit <»
the powers of the Federal Goveratr eat except ift
own arbitrary discretion. If the 'ivjff of 1824
and 1829 had, in truth, been designed to raise re
venue, or intended as counterviff,ff„g commercial
reflations—if (hey had looked t .o commerce at al**
«nd had not, in fact, been yielded to the imports
nity ofthe manufacturers ^an d been designed vl '
elustvely for their benefit--th e re might have been
that 6 from * the°creathji/Jrf ^ T* color of reason and jw ^ attempt W
that, from the creauon of the world to this firing them within (he.pt ate ■ ftft, cwirthuMnW