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f Si’.lli ’i t >MR. <.'LAYTON, OF GEORGIA*
.IK!ucr.b : i jfce Horn- • of iU-presoMativeson Wednes
d; ..•:■■ . i633, i .1 ihi enforcing hill.
Mr. Steaim.:;: It has been u. 11 s.i:d, by an old author,
Mat \v n a !iu' . r.:i:n r.t intends to commit violence
j on the r :hn ,fu people, its first attempt is to put
it t tpe 1... - it lr rr, o;i like occasions, put out the
. irdi niflg Os a step ill Minn
Eeni ( ril of nr i:, nut tiiis will not excuse those who,
ujc: a f. ice. n foresight ot a State temp, st, sliaii inline.
«liai v i st fur and conscience overboard, discard am!
q.nt rudder i compass, and so assist the danger thev
jirvt- ni t> i -ar. Asa pretext to fall upon the people,
they are t.) b : visited with frequent vexations, and lest
these should he healed by tli t generous forbcaranc ’ to a
love of country, their sores are to be regrained and ex
asp rated, under all the urging circumstances that come
w ithin the invention of scandal. And hence, ’tis a prin
ciple in the politics of tyranny to make every infirmity
t fault, and every fault a crime. Such as study to be
[ rest by any means, must by all means forget to be just,
(ml they that w ill usurp dominion over others, must first
Become slaves to the worst of tyrants—a lust after pow
er. Power, when u.ncliaiued, stops at nothing short of
full gratification, and by nothing is it so much delighted
as the red rilihs of wasted countries, desolated fields,
and demolished habitations, and this scene is greatly
heightened in its hell smitten aspect, if there be left to
brood over the mischief, the solitude of widow hood, and
the destitution of orphanage, isueh may be the result
of .this day’s legislation, and there is to come out of it
this lesson, that in the promptings of ambition, power
cannot he purchased too dear, though it cost the blood
of millions. In tin: contemplation of a principle so de
sponding there is left one consolation, poor I confess,
that it « ill not he the first supiemacy that has been won
and worn upon the length and keenness of an usurping
6 word.
It is tho re nidi U t*C an riiniinm omin, iin*« in uiwt
ing upon the discussion of an important question, it is
aii important to catch, in the beginning, the fixed atten
tion of the hearers, and nothing is so well calculated to
effect this object as the reading of some striking pas
sage from a popular author. Knowing and feeling how
much 1 need such aid, 1 will present you, from this same
divine, that very stimnleiit, which he, in much good
sens 1 , recommends. “The vessel (says he) of our ic
public, driven bv the gales of discontent, and hurried
still faster by the secret current of luxury and power, is
following the same course, and fast approaching the
same rocks, which have proved fatal to so many before
us. Already may we hear the roaring of the surge; al
ready do we begin to circle round the vortex which is
soon to ingulph us. Yet we see no danger. In vain
does experience offer us the wisdom of past ages for our
direction; in vain does the Genius of History spread her
chart and point out the ruin towards which we are ad
vancing; in vain do the ghoats of departed governments,
lingering around tiie rocks on which they perished, warn
gusofjiur approalnng fate, and eagerly strive to terrify us
' fioin our course. It seems to be an immutable law of
our nature, that nations, as w'eli as individuals, shall
learn wisdom by no experience hut their own. That
blind, that accursed infatuation, u’hich ever appears to
govern mankind when their most important interest are
toocerncil, leads us, in defiance of reason, experience,
an I common sens •, to flatter ourselves that the same
causes which have proved fatal to all other Governments,
will lose their pernicious tendency when exerted on our
own.”
-Mr.Speaker: I am not so vain as to believe l shall, this
night, make the slightest impression upon any member
who favors the passage of the hill upon your table. 1
should fuel humiliated if tny discernment was so far sus
pected as to raise the belief that 1 did not perceive the
“malign influences” under which this measure is insid
iously creeping to the execution of its purpose. To
check if her:: 1 have no expectation. Blit, as 1 said on
a former occasion, there is no place in this wide empire,
from which the people may he so well enlightened, as
from the lulls of Congress. It is the stand to which
twelve millions of eyes are directed, and to the preach
ings from which the same number of cars are listening.
To this, more than ordinary attention, and still deeper
anxiety, l address myself; and if there is left any thing
of candor or judgment in this great auditory, free from
the influence of party strifes, personal politics, or paltry
and votion to a mans, 1 trust the appeal will not be made
in vain.
Tin: hid we are called on to pass, amounts to a dec
laration, without mincing the matter, that the States of
tais eoufi dcracr, as Stati s, may be compelled by the
■ military Ft MICE of the Government to yield implicit
o ,i dionec to the laws of a majority of Congress, no mat.
t r w .i.t it . be their character, and that there is no oth
, ta i hi ! mi tli ■ virtue of the longest sword and the
sir. : • o, wi" .oil under the dread alternative of
trie.a,.li or:.- :-,u. And what is worse, though one is
j i- oi t :r' other, yet the creator alone can com
mit tr i. a. The creature has nothing to lose in the
co 'A ’. I< tli tvvs its resources froln the author of its
<bt-ii . :>y u i; ■ii it makes its conquests, and is sub.
j, <rt at ... . !,ar p nal'.ies. While, on the contrary,
tin Nate lias i ry tiling to forfeit, and pays the expense
oi tho war, on both sides. Is this a false statement of
tiie easel Then what has produced this state of things?
Tn .t which li.ts produced morn real discontent than all
other matters besides. I mean TAXATION. In coun
tries where the people are taxed to support the splendor
ot kings, the luxurious indulgence of noble families, of
particular dynasties, and are educated to believe that
such impositions are all right, and is the very essence of
duty, it is a matter of littlcsconcern how much their op
pressors afflict them. But in this enlightened country
wher • men know their rights, and are taught, from the
republican simplicity of their Government, that taxes
are pioperty, and just so much, and no more, is requi
r’d, as is honestly necessary for the frugal purposes of
Government to protect the residue left m the hands of
the contributor, it becomes a subject of just complaint
whenever these limits are transcended. For whom,
tneri, are these taxes levied/ Arc they for the Govern
na int? Not so. The President has said they arc not ne
■essary —more than is wanting—ought to be reduced—
ecotnmende it, and considers the south badly treated.
. reduction of six millions of taxes, which the Secrcta
of the 1 reosurv says can be readily spared, will end
I our strifes, ami render this odious law perfectly un
<Jess:iry. Uhv can it not be done? Was there ever
if'ire an instance of pile portion of the people fighting
aotlier to keep on the taxes and the government stand
ug by, with its pockets as full as it wants, encouraging
.he battle? Look at the matter in its true colors. The
•south has been complaining for ten years, in every form
bit hi)redressed injury can suggest, and they have been
» i constantly repelled by every excuse that insatiable
"uric) could invent, and none so often urged as the
pi die debt. Well, now the public debt is paid. What
. • vt? !5 • i *IJ tho Government in lia.iest truth comes out
*d says, we have as wucii as we want out of you, and
i >re too; but here arc a few eager manufacturers stand
; at our baeii, who st ite they are not yet quite satisfi
, and urg-- as a reason why we should let them «üb
,ir. yo i a huh* longer, that you are putting on the
<l?t» of rebellion, and it will never do—to permit you
t quastio i our authority to tax you for whatever pur
la! we please. True, these manufacturers have tkiv.
i yo i to desperation, and to drive you out of U again,
j'u.i s a pretext to keep un the tux**. Lay down your
oi I, I ill o.i your knees, and raise your bunds ami eyes
i supplication, and we have no doubt they will take the
x viler into their sermon consideration at the next acs
■ ini of Gongi■,! Now, Mr. Speaker, you may think
e w no hard na’t- r to S .at, and that ■> * ought to try
it a little longer; but mark me v. e arc in and about the
very point where it can be endured no longer, and this
Longr. ss Mould do well to pause b« for 1 they move ativ
further. At nut is it you want? Taxes? For what? For
the Government? Take wfcat you please, to any amount.
!or its honest purposes. I£ive you ever been stinted.’
hour Secretary says, you cannot il>iy spend more
than fifteen millions, anil the allowance of this sum will
■educe our burthens six millions. Why will you not do
it? Do you want more for yourselves? Only observe for
a moment how bountifully you are supplied out of these
fifteen millions. Bear with me while I lei! the people
who are working under God’s curse, for what little they
earn, how sumptuously their governors live.
First, go with ine to the palace of your President—
seethe splendors of Ins household—view the lawns, and
artificial lulls ami dales that surround bis mansion, made
on purpose to regile his eye, and varied every year to
relieve his vision from the dulness of monotony! All
this comes out of the fifteen millions, said to be wanted
for the use of the Government! Come with me to the
gaudy exibitions displayed ,n both halls of Congress—
see our hundred white servants, subject to our heck and
call we can hardly lift a draft of water to our lips with
out their help! Sec the splendid gardens and enclosures
provided for our especial comfort and refreshment! One
IKivement, of ninety feet in length and forty m breadth,
lias cost four thousand dollars! Oae enclosur of eight
acres, for a botanic garden, in front of this magnificent
building, is about to Co3t us twenty thousand dollars.
I lie blinging of water from aspring in the adjacent
country, to sport in a fountain before the Capital, is to
cost thirty thousand more. It was but last night yon
gave away to this city, alone, eigiit hundred thousand
dollars, besides one hundred thousand for paving its
streets. The appropriation for what is so wastefully
scattered over this building and its various apartments—
I mean fuel and stationary—is one hundred thousand
dollars a year—a sum sullicient to defray the separate
civil list of hall the States in the Union. Two thousand
dollars to paper three rooms in the President’s palace—
enough to liiiild forty habitations for those in the hum-
Mer walks of life, who arc the tax-paving people. All
this and 1 barely mention a ft:\v items, to show the
character and extravagance of public expenditure—also
comes out of this estimate nf fifteen millions of dollars,
intended to stipp.y the wants of the Government! Yes,
Mr. Speaker, theira/ifwof the Government! And when
the people, with a holy devotion for the Government of
their choice, are willing to submit to these impositions,
and to gratify these frugal wants, it is not enough—they
must contribute to the similar wants of private gentle
men, and to the gratification of the like kind of splendor;
because, forsooth, they have idle money about them that
must be put to profitable employment, through the agen
cy of the Government, and at the ex pense of the great
mass of the laboring south. And when the south com
plains, they are told, your conduct is insolent, your
course is rebcUious, and your doctrines are treasonable!
It becomes our duty, and is demanded by the dignity of
our Government, in the language of the Chief Mag.s
trate of the nation to a member of this House, “to put
you down.” These additional taxes, over and above the
wants of the Government, so long complained of, and
now of a character no longer to be borne, has brought
up the south to the point of resistance. South Carolina
has said she submits no longer. The rest of the south
will soon follow. Tyranny, always cowardly, has taken
the alarm. Every thing is magnified into rebellion. Won.
derful signs, as of old, have appeared. The earth and
air are filled with prognostics. Expresses frighten the
country, from Washington to Charleston. A steamboat
has been seen to reverse its flag, the Union down. One
star on a blood-read flag has been seen in the south. On
the morning the proclamation made its appeatance in
the Senate, no prayers had been said in that body. The
flag of Congress, on that same morning, wts observed
to he flapping in confusion, only half mast high. One
of the thirteen stars, representing the thirteen States, in
the Virginia Capital, fall on the day that that grave body
were discussing federal relations. These were fearful
omens of approaching war and rebellion; and, as history
plainly shows, should never he disregarded by a cautious
and wise Goveiniicnt. And, by way of showing you,
Mr. Speaker, how necessary it is to watch the signs,
and to regulate affairs thereby, let mo, without remind
ing you of the oracles of old, bring to your notice what
was clone by our sage and foreknowing fathers, in that
island from which we sprang, about two hundred years
ago, under similarcircumstances. I read from the Tracts
of old Lord Somers, a quaint but hitrhly instructive au
thor, to whose amusing and vastly edifying lessons I in
vite the attention of the House. It is well to make
comparisons between periods separated by long lapses
of time, in order to mark our wonderful increase of
knowledge, and the great improvement of our taste and
judgment. To this end, I shall use this author frequent
ly in the progress of my remarks; and, therefore, once
for all, formally introduce him to your acquaintance,
and commend him to your polite civilities. Well, what
says Lord Soon rs as to signs?—Listen :
“The whiggish signs and apparitions, foretelling their
rebellion, and the Dutch war, as you will find in two
pieces, entitled, Mirabilis Annis, 1 and 2, viz:
“ Prodigious signs apparitions, denotiong war, &c.
First, the likeness of a ship seen in the air at Stratford,
by Bow, neat London, in September, 1660.
“Two meteors like a streamer, or a besom, seen in
Wood street, t2lh October, IG6O, means Van Trump's
broom at his topmast-head. These relate to the Dutch
war.
“Now for whiggish armies, or their rebellions against
the king. Strange and terrible noise heard in the air,
as beating of drums, the reports of great and small <mns,
in January, 1060.
“The form of a town well fortified seen in the air, 22d
April, 166 L
“The noise of beating a drum, and of clattering of ar
mour, and the groans of dying men beard in the air,
1 September, 1661.
“Dreadful noise like the report of great guns, wit!*
the beating of drums, beard in the air, l May, 1061.
“The form of a lion, a unicorn, and bear, fighting for
a crown, together with an army ol horse and foot, seen
29 May, 1661.
“The form of a coffin, together with two armies, seen
in the heavens, encountering each other, 22 June, 1661.
Now (continues the author) what, prav, were these ap
paritions prodigies, and judgments, printed privately,
and handed about to the party for, if it was not with de
sign to forctci, and also to usher in under the unbrage
of miracles, their villainous plots and conspiracies; arid
these encouraged the ignorant multitude, under their
seditious preachers and leaders, to commit these unnat
ural rebellious against his majesty’s person and govern
ment; and I think they are too visible to be denied by
the most audacious of their party.”
Our author then states these signs were so frightful in
their nature, and the Dutch and Whigs having threaten
ed to take the forts and magazines of the nation, it so
i nee ns id the people, that the king, highly offended, is
sued a proclamation commanding all the Dutch ships in
the ports of England to be stool; and all further treaties
of pacification being laid aside, both nations prepare
lor war.— See troubles of Eng. p. 3, fol. 73.
“During (as the history continues) the preludes of the
approaching war, the Dutch, a more coutnnjelious than
formidable enemy, inflamed the rage and hatred of the
English people, by several scurrilous libels, medals, and
and many base and sutyrical picturec, according to the
innate insolency and barbarous vanity of that people.
By one picture they did basely represent the Engligh
nation a lion, depicted without a tail, with three crowns
reversed.
Another was a picture of many mastiff dogs, whose
ears were cropped, and tails cut off. fvi ( J, ; Dr. L'oMin’s
Survey of Mtucovy, cap. 70 )
In dishonor to the King and the English nation they i
trailed the English colors, defiled with their excrem
ents, through the streets, and at the stern of their boats, :
whereby foreigners were persuaded that our navy were
totally destroyed by the Dutch, and that they had gain
ed the “sovereignty” of the seas. Other curious prints
were divulged every where, of the English Pheatorfs
being overthrown, not by the thunderbolts of Jove, hut
hr the valor of the Dutch. It seems Britannia, or old
England, was no longer seated on her globe, with her
fact on the si a, but prostrate ot) the dry land, Holland
being mounted on an elephant, trampling upon her. Al
so, a boar cutting off the tails of the mastiffs, whereof
some ran away, others sat licking their sores, others
stood harking at a distance, w ith this inscription: The
English dogs and vipers destroyed bij the valor of the
Hollanders in such manner that they never shall give
the worldfarther trouble, (vide Stub’s Farther Justifica
tion, Ac. fol. 2,3. And lest we should stand in need
of some of these extraordinary pictures of the Dutch, the
Flying Post has supplied us with another. He tells us
that some of their wanton limners drew King Charles
the second, with his pockets turned inside out. This
was when there was a secret understanding betwixt the
Dutch and the faction in the whiggish Parliament, while
they had agreed not to give him a penny of money, un
less lie would consent to have himself dethroned by giv
ing away his prerooative.” (vide Oate’s pic. 22.)
Thus ends our author upon the notable subject of
signs, and they hoar such a remarkable resemblance to
our own times,! trust they have not been uninteresting.
Our signs have denoted “villanous plots and conspira
cies,’’ and the ignorant multitude, under their sedicious
leaders, have meditated not only rebellion against his
“Majesty’s Government,” but a dismemberment of the
Union itself, and hence great preparations of war have
been made. Troops have been sent from Norfolk to
Charleston, “and fifty rounds of amunition to the gun"
have been ordered. A part of the navy has beseiged
that port. A reinforcement has been thrown into the
arsenal of Augusta. And what is all this for? It is said
information has been received from a certain quarter,
ei. i c.j. ,i arc not be turnislicU, r<>» it has beet, .
for and refused by this house, that the public authorities
of South Carolina intended to seize the forts and arsenal.
Sir, nobody believes this—there is not a gentleman in
this House believes it—perhaps I mistake, there may be
one or two. 1 appeal to the honor and candor of every
disinterested man upon this floor to say whether, from
their know ledge either personally derived, or from repu
tation, of the characters of Governor Hayne.Gcu. Ham*
ilton, John C. Calhoun, and other distinguished men of
Carolina, which need not be mentioned, he believes they
or any of them ever contemplated disunion, or designed
to capture the military posts of the Government.—No,
Sir, no man so abuses his own judgment, much less the
integrity of these distinguished patriots, as to credit for
a moment suspicions, almost too gross for the fanatic
credulity of which I have just given a specimen from the
venerable Lord Somers. But great complaint is made
of the war preparations of South Carolina. Can any one
be serious in saying that there is no causa for this? A
State surrounded by military force denied the right to
prepare to meet it! Take care, Mr. Speaker: this is
alarming doctrine to the States! In vain the Constitution
allows the privilege to the citizens to hear arms for his
protection, if, when lie rubs up his musket and furnish
es it with a flint, he runs the risk of becoming a traitor!
Sir, preparation is no fores; as well may you tell me that
the gentleman whosits before me with his sword cane,
and which, no doubt, lie carries for his honest defence,
is obliged to run -it in the first man he meets, because
lie has thought proper to be ready for the assaults of
either insolence or avarice. I well remember, Sir, inv
own State had once to make warlike preparation against
the usurpations of this same Got eminent, ands should
like to sec the man who would dare to say she meant
any thing more than the lawful defence of her undoubt
ed rights. Against this Union she never meditated the
slightest movement, but against the unconstitutional
acts of its Government, —she did plant herself upon her
arms, and hurled defiance in the very teeth of your usur
ping laws. What Georgia has done in good faith against
the desig.s of arbitrary power, t am willing to accord tn
other States, without imputing had motives to the,act.
But, Mr. Speaker, these wonderful signs have produ
ced another wonderful consequence; like the Dutch ap
paritions that frightened the English King, they have
brought out a similar proclamation. A proclamation, I
will venture to say, that may safely challenge the world
for its parallel. By what authority was it issued? Sir, I
ain about to make a declaration that 1 dare any man to
deny. 1 afliin that there is no authority in this Govern
ment for any proclamation from the Prescient of'the
U. States, that is not founded upon some notorious law.
The King of Great Britain dare no* issue his proclama
tion unless supported by some known statute. Now,
show me the law that authorises the proclamation in
question. I boldly say there is none. VVhat! have we
come to this, that a proclamation, like the edicts of the
Grand Sultan, is to be the rule of action for the free peo
ple of these United States? That the President shall pro
claim in written instruments what lie considers to he the
law; what is his interpretation of the Constitution; and
that, according to his views of cither, the sovereign
States shall be bound? Is any here so credulous as to
believe that if such a paper had been issued bv the ex
pected successor of the present incumbent against such
a State as Virginia, it would have been tolerated for a
single moment south of the Potomac? No, Sir, it would
have been burnt in every town and himlet throughout
all that region. And pray. Sir, what is the nature of it.
In one breath it reasons; in the next it threatens; now it
argues, then it raves; here it is pathetic, there it is satvr
i •; in one moment it is sarious in another it is ironical;
sometimes grave, at others pctulnt; in some places it is
persuasive, in others intolerant; in many parts absolute,
and every where dictatorial. It arraigns the motives of
men; is abusive of particular characters, imputes base
designs to the public authorities of a.State, and denoun
ces tli-i leaders of the peOph of that Slate as traitors;
losii!£ sight of the dignity o'a State paper emanating
from the Chief Magistrate oft great Government, it de
scends to personalities, and hose are directed against
personal enemies; its author cills himself the father of
the misguided people of South Carolina. The “father]"
mind hat! the language used to the red people of the
west. Yotir “great father” says so and so; in the name
of every thing have we come to that? The States sunk
into Indian tribes! But, Mr. S|*taker, the worst part of
this matter is to he told; that while this friendly, feel
ing, flattering,fatherly, and fighting proclamation is re
claiming a State from the error ol its ways, it is deliver
ing over the whole of the States ,nto the hands of the
General Government to be consolidated, and henceforth
to he known no more as sovereign States. The repub
lican party who have bean contending for Statatc rights
for upwards of thirty years, and fondly believed they
had gloriously achieved their object, have had their
trophies levelled in the dustata single blow, anil them
selves bound hand and foot, ami thrown into the power
of their old vanquished enemies. What a revolution!
and how suddenly accomplished!
But it is said the proclamation, though erroneous in
principle, was issued from the best of motives. Yes,
Mr. Speaker, there is not a whipping |iost, a jail, or a
gallows, that may not claim the same merit; but when
they are abused for the purposes of fraud and oppres
sion, it is but of little comfort to the sufferer to point
him to the good motives that lie at the foundation of
their institution. I wish, however, this celebrated in.
strument had even tltu virtue of their design for it ap
pearance.
This proclamation has been followed up by a cool,
calculating message, confirming all Us principles, and
demanding the bill now under discussion. This bill
requires force to put down, the tumuhnot of a few indi
odualsacting upon their own responsibility, hut the so
lemn and delilierate act ol the people of a whole soveregu
State, assembled in convention in the same manner in
w hich they assented to the Federal Constitution, ami as
serted under all the forms known to a well
and independent Government. Sir, this bill
blink the question; it asks for the power of declanTiy
war against against a State, and for the use ol the army
and navy, to give success to that war. And, Sir, we
are about to grant it. We are adout to do that against j
a sister State, which we dare not do against a foreign
nation. We dare not, without a formal declaration of
war, which alone rests with the representatives ot tiie
people, where it should rest, for they arc answerable for
unnecessary wars, confer upon the President the power
to use the army and navy against any nation that should
prove unmindful of its obligations. Sir, the message
contemplated war, whatever persons may say as to its
peaceable character. Did not the President enter into
a learned legal disquisition, displaying his usual pro
found research into tiie depths of that science, even
down to the feudal origin of hig subject, to show that
the posse comitatus was a military force, and as
such might be resisted? What was this for! That
if South Carolina should attempt to use this instrument,
which she and all other Govern nerits have used time
out of mind, to carry into effect her legal process, and
which she will continue to use, when necessary, in all
other cases where her own citizens are alone concerned,
it is to he considered the use of force on her part.—
It must cease to be employed in cases where the General
Government is a party—and, if use-), it is to be treated as a
military force, and shot down by the army and navy of tbe
United States. As well may the courts and their sheriffs he
considered as a military force, and treated in like manner.
Does not every one perceive that this is the way tbe civil
war is to commence ? The sheriff, with his unarmed posse,
are, by a forced construction, and at the special instance of
the President, to suit the occasion, made a hostile array
as against the Federal Government, (but perfectly lawful as
against the State’s own citizens,) and as such, are to be mur
dered by the United States’ troops. Dueg any man in his
proper senses believe, that when such a scene commences,
the good people of South Carolina are going to stand around
>i,o ihfAil lindiosof their sen-. with folded arms, and tamely
submit to such butchery? Ana it they Will not, wiiereuu
l to stop 1 Do gentlemen flatter themselves it will he confined
to S. Carolina alone ? They must have a very contemptible
opinion of the other southern Stales, either as respects their
courage or veracity, for they have more than once said they
will not submit to the tariff; and I trust they will have dis
cernment enough to see, that the destruction of Carolina is
sought on that very account. The south may prove recre
ant ; it may falsify all its former strong asseverations ; it
may abandon South Carolina after the work of death begins ;
they may turn out to be a talking and not a fighting people ;
hut I shall not believe it till 1 see it, notwithstanding the
Proclamation and this bill is supported by some southern
1 members.
The first and fifth sections of this bill allow the President
louse military force,and these are to remain in operation to
the end of the next session of Congress. The other sec
tions confer great powers on the federal court, and are in
tended to he permanent. I think I can perceive, that in some
of these provisions, my own State is to have another diffi
culty, either with the Indians or the General Government;
hut as she can, as heretofore, take care of herself, I shall not
new moot this point with the House hut go on to show that,
under the fifth section, a common marshal, especially if he
be opposed to his own State, a thing not very unlikely may
involve this whole country in one universal blaze of civil
war. The President is authorised to cal! out the military
force when informed by a federal judge that “ any law or
laws of the United States, or the execution thereof,” is ob
structed by “any unlawful means, too great to be overcome
by the powers vested in the marshal.” Now, who informs
the federal judge of this fact? Does not every one see it must
be the marshal? Who judges of the “unlawful means too
great to be overcome V Is it not the marshal ? And must
not the judge certify, upon his information ? Should he
choose, in the plenitude of his great wisdom and caution, to
consider an assemblage of the good people of Charleston,
at the circus, convened to express resolutions on federal re
lations, as “ unlawful means, too great to be overcome,” and
should they not disperse, upon the coming of the Procla
mation, what is to hinder the army and navy from doing
their deeds of death upon this unoffending people 1 Sir, the
power is too tremendous to be given to any one man that
ever did or ever will live upon this earth, especially in limes
like these, of personal passion, party prejudice, and power
ful excitement. I would not grant it to the President, even
if he could be personally present, with all his peculiar mod
eration and love of peace, to judge of the “ unlawful means”
himself, much less a partisan marshal, bent upon the tri
umph ot his party, even at the expense of the lives of his
adversaries, a passion which has not been without its mani
fest exhibition, even within these walls.
Have we not some experience how dangerous it is to con
fer unusual power on those whose ardent temperament leads
them to a loose construction of it. In ordinary cases and
under ordinary powers, there is little or no danger from any
public functionary; his own interests and public opinion
will keep him straight; but on great occasions and tinafr un
usual excitements, no man should be made absolute,and,
least of all, General Jackson ; for we do know that, on seve
ral occasions, he has known no law but his own will, *nd
that if a law stands in his path, he gives it just such mean
ing as furthers the strong purpose of his mind. As I feel *o
inclination to make an assertion without the proof, I her
leave to submit a case or two. It will be recollected that a
certain meeting took place at Hartford, in Connecticut, by
some of the first citizens of the northern States; it was a
political meeting, and so far as I know, peaceable. Ido not
mention it to reproach any one, tor on the present occasion !
do not intend to hurt the feelings of any ; my purpose lies in
another way. In speaking ol this meeting many years af
terwards, Gen. Jackson said in a letter, and of «ourse under
due deliberation, that he would hang them under the second
section of the rules and articles of war, if he had been in
their neighborhood, as commanding general. Now what is
this second section ? It will create amazement when it comes
tube seen, to think that the lives of so many individuals
might have been taken under such a construction. Well
here is the far famed
SECOND SECTION.
“ Be il farther enacted, That j n time of war, all per
sons, not citizens of or owing allegiance to the United
States of America, who shall be found lurking, as spies
in or about the fortifications or encampments ot the ar
miesof the United States, or any of them, shall sufle!
death according to the law and usage of nations, by sen
tence of a general court martial.” I pass over the
scenes at New Orleans and St. Marks, “ us laws are si
lent amidst arms,” hut I must exhibit the case of the
Spauish Governor of Florida, the celebrated Col. Calla-
Vi, Ilia case is familiar to every one. Tiie manner of
his being seized and imprisoned by Gen. Jackson be
cause he would not give up certain papets wi ich he
considered private, was made a subject of complaint by
the Spanish Minister to our Government. with that *1
have nothing to do. It is with the construction of pow
ers and the meaning of the language in which those
powers are conferred, or the meaning of instruments to
which they relate. I hold in my hand another proclam
tion from the same author, to which I beg the serious
attention of the House, if they regard it as a matter of
any consequence to know whether great and extiaoidi
nary powers have been used by their depository, about
to receive similar powers, with proper and safe discre
tion,
The proclamation sets out with a long stringof titles,
such as, “By Maj. Gtn. Andrew Jackson, Governor of
the Provinces of the Florida-*, exercising the powers of
the Captain General, and of the Intendantof the island
of Cuba, and of the Governors of the said Provinces res
respectively: whereas, by th>- seventh article of the
treaty concluded between tho United States and Spam,
it was stipulated, that the ‘officers and troops of his Ca
tholic Majesty, in the territories hereby ceded to the
I miied States, shall lie withdrawn, and possession of the
places occupied by them shall be given within six
months after the ratification of the treaty, or sooner if
poaaible. And whereas, it has this day been made
known to me that tho following officers of hisCatli
■ij..it, to wit, (eight in number,) arc (union*’
many things related Under a goodly number of whereas
es the autkors of the follow,ng false, scandalous,
an 1 mdecet" pul.l.catton: (Now listen to th,« scan
aloue and indecent publrcation.) vi*. [ n spiking
of Colonel Callav as appearance before General Jacks™ I
11. B. ought to have stafco that none of the inter™ '■
vies and highly of r
were faithfully inter;»lCai]aVSJ
was liMalV^Vili * 'a
how innocent he was of said c liargiTw
unqualified honor was endeavored to be stained s S
in sum, are the observations wc had to make on
statement of 11. B , and we bone that he and the Dull!
will be convinced, that we acted from no prineinl 8
pusillanimity ; that if, on the one hand, we shutlde 8
at tiie violent proceedings exercised against our
or, we knew, also, what was due to a Government wr"B
is on the most friendly footing with our own. VV e "8
&c. [After stating how offensive this
the proclamatson concludes.] This is, therefore 8
make known to the said officers to withdraw tbcmse’i 8
as they ought heretofore to have done, from theFlorJß
agreeably to the said seventh article, on or before
third day of October next; after which day, if t |, ev ■
any cf tiiem shall be found within the Florida* all
cers, civil and military, are hereby required to -. 1 ,H
and secure them, so that they may be brought
to be dealt with according to law, for contempt and
bedienceof tliismy proclamation.” That is, to be lia *8
ed, I suppose. ’
Against this proclamation of banishment under
struction of the 7th article of a treaty, which only uieail
a formal delivery of the lorts, and the withdrawal theil
from of the troops, as a body of troops in six nio itll
leaving every individual, as such, the privilege of J
uiaining in this free and happy country, SpmJ
minister bitterly complained. With regard to the r 1
lication. considered so scandalous and indecent 1
which furnish the pretext for banishing eight indindj
als from a land of liberty, and where we boast the es ;B
tence ol a free press, the minister makes the most J
gerit complaint. After showing how ungenerous and ■
founded was the treatment of these me*i, he adds
in order to make the irregularity of Gen. Jackson’s { J
ceedings more evident, 1 will grant for a moment tS
.hey are certain and proved ; l will admit that th!- 8
cers have been deserving of the chastisement anddiß
nor which they have suffered ; hut yet no body wii|B
ny tne, t hat, before it was inflicted upon them tkß
ought to have been cited before the proper tribuß
have heard the charges, and have had liberty and tiß
for their defence. These are fundamental principlesß
the laws of Spain and of the United States, and of ev 8
civilized country. Yet; wliat has haen the conduct 1
Gen. .hickson ? Without giving them the least J
tion, he publishes in a language foreign to them a i,M
clamation, expelling them from the province ’gh,B
them scarcely tune to arrange their nffiiirs, and .iutlioj
mg all officers, civil and military, to apprehend tleß
and bring them before him!!” ■
Air. Speaker, wliat a reproach ! And this stand* ,8
on the r cords of your country, giving the perpetud 18
to the vaunted assertion of our Constitution, that o.rsß
the land where the freedom of tiie press and trial hiifl
ry remains inviolate. So much for broad construcii®
ami such was the consequence of it, that it wrung U.M
General Jackson himself the declaration of hia “ h-J
that no living man should ever in future be clothed
such extraordinary authority.” Lei us take him at 8
wor.l, ami remember wliat we arc about to do. it is tfl
same person to whom unlimited power isaboutonce n8
to be given. Gen. Jackson is but a man, and uursistlß
Government where we trust the lives of the people 8
the hands of no man. If the scenes I have just refl
you, create a sense of mortification, what may not 8
the extent of that feeling at a future dav, gnmin-8
ol the present transactions. Fifty yeiirs hence'ifl
this measure will be viewed with astonishment;
we ourselves, after our bickerings and
shall have ceased, may live to blush a-t our own
■
1 have anothe case, Air. Speaker, to show the danJ
of employing military force for civil purposes; thouJ
1 should remark, Gen. Jackson has no concern witbihfl
I adduce it to prove the utter impropriety of placingtlß
execution of tiie laws in the hands of soldiers v
modes of thinking and action are all turned on war.B
The ease comes within my own knowledge. In 8
siiinmi rof thirty, some fifteen or twenty of our 11098
ami respectable citizens of Georgia were seized, in «
own State, because they happened In be within the <8
rokec nation, by a federal military force, and witiol
suffering them to visit their homes*, or supplying th«H
selves with a single coinfort or convenience for asgl
den ami laborious march, but tying them together, til
pinioning their a.'fns behind them, they were inarcll
oil'from their families, destined for Savannah,a dislail
of nearly three Iniridrei, 1 miles. These men, I hough il
nest, were poor, and many of them had bravely foijiH
by the side of Gen. Jackson himself, had rornmittß
no crime, but were torn from their friends, and paradl
through the country with a little lieutenant struttingH
their front, and the bayonets of a brutal soldiery glistl
uig at their backs, like so many galley slaves, a gazl
stock tor men, women and children, as thev passed
farms and villages of the country. And, Mr. Speilfl
but for my interf* rence, and with pride 1 speak it,tlxH
brave and respectable citizens would have been manfl
ed oil to Savannah—and there, in a land of strangcil
fur from home, without money and without friends, tlufl
was a thousand chances to one, their fate would baß
proved an eternal separation from their wives and chiH
dren. As it was, they were driven fifty miles from hoifl
by forced marches. Sir, it was fortunate for them
military force, ay, Sir, the military force, such as yaH
bill contemplates, chose to exhibit a military flouti^B
through the populous village in which 1 reside
avail themselves of a triumphal entry into that
town. Bcingclothed with a little brief authority, I
ed to issue that writ of writs, called the habeas corpi®
and Sir, believe me when I tell you, ujioii an investiM
tion of tlicircase, their only crime was a return to M
Cherokee nation, for the purpose of reclaiming a B
working toolswliich they had left at the gold pits a sfl
time before, upon leaving the nation under the ordetsß
the public authorities of Georgia. Tibs. Sir.
using military force, instead of the civil authoiitv
country, where the accused can ha\;c his friends
him, can have a bearing, can have bis own
and confront those of his accusers.
And is this to become th ) mode of cx cuting
laws! Are we drifting to the habits of European
eminent*, whose arbiter is the muscle of the
and 1 -r.aud whose executioner is t lie murderous edge ol
* I was told, by a gentleman from Tennesei
Isacks) that these tilings I knew of Gen. Jackson
he was re elected, and yet I was in favor of him- ''H
General Jackson within proper bounds, and he
the American people no possible harm. Ours
Government of laws, and, so long as they
to the Constitution, no public functionary can
mischief without doing himself n greater.
was lor him as President, it does not folio# that
invest him with royalty. A man, within P ro P fr
trietions, may make an excellent President, « °>
unlimited power, would make a desperate tyrant-
lion is a noble and generous animal, and
lighted to view him in his cage,but if hizker|# r *
politely offer tn turn him out for our speem. *
uient, I venture to say someone would km< ?
him, and instantly remind him, that lie is i' l
of doing mischief when unchained, and yet nc'c jH
by think of offering disparagement to the ia
Congress, who arc the keeper* of *.ll the pub
confine them to thoir proper limits, um * lri Rl ( j a
men, and nut ns gods, and then there ’j®
This much 1 intended to have said, and askt'- Sf
reply to Mr. Isacks, but waa denied *fd P rc ' B
tin. cal! of the previous question- K