Abridgment of the Debates of Congress, from 1789 to 1856.

DEBATES OF CONGRESS. 55 FEBRUARY, 1833.] Revenue Collection Bill-Powers of the Federal Judiciary. [SENATE. throughout the country, and presented the which would meet with the approbation of all whole matter in a light the most unfavorable pure democrats. It was the authority of George to South Carolina, in order to justify to the Clinton, a name deserving of all respect; clarum other States the war which they were disposed et venerabile nonen; a man distinguished for to wage. It was a war, too, which would admit his steady adherence to democratic doctrines. of no neutrals. The gentlemen who have taken When he was President of the Senate in 1810, the strong ground, like Napoleon, have thrown he gave his casting vote against the bank. It out the declaration that there must be no neu- was on that occasion that he used the following trals. language: I take my stand, said ~Ir. B., on the reserved right s of the Stand, said r. B., on the reserved " In the course of a long life I have found that rights of the States. I repudiate the doctrine Government is not to be strengthened by the asof nullification. I repudiate also the high-toned sumption of doubtful powers, but by a wise and endoctrine of the federal party. I believe it is to ergetic execution of those which are incontestable; that high-toned doctrine that we are to attrib- the former never fails to produce suspicion and disute.nullification. I believe that doctrine pro- trust, whilst the latter inspires respect and confiduced it; is the parent of it. It is by an im- dence. proper pressure of the Federal Government on " If, however, after a fair experiment, the powers the rights of the States, and by exercising doubt- vested in the General Government shall be found ful powers, that the State of South Carolina incompetent to the attainment of the objects for has been thrown into this position. He did not which it was instituted, the constitution happily mean to justify the course of that State. But furnishes the means for remedying the evil by whether she was right or whether she was amendment; and I have no doubt that, in such wrong, this furnished her with something like event, on an appeal to the patriotism and good an exc~use for her conduct;. iH~e believeid that sense of the community, it will be readily applied." the principle was as susceptible of demonstra- What was the result of his experience? That tion as any principle of mathematics; that'the Government was never strengthened by the almost any attitude of resistance against the exercise of doubtful powers. A doctrine which Federal Government, in which States had been still prevails among the distinguished leaders seen, arose out of the unwarrantable exercise of the party in the State of New York, and of doubtful powers by the United States. They which they can never consent to surrender, unhad always been inclined to tranquillity. They less they should become recreant to the great had always been disposed to make a child's bar- principles which they have always maintained. gain with the United States: If you will let But he would not only quote authority, but he us alone, we will let you alone. They would would also quote facts. What was it which excitnever have admitted the idea of rising in oppo- ed the first controversy between a State and the sition to the United States, unless there had United States; a conflict which threatened to been some exciting cause. The whole history bring ruin on the country, and which was desof the world proves this fact. There is no pre- ignated the reign of terror by the republican cedent where a people have arrayed themselves party, as it well deserved to be characterized? against a supreme power without any occasion, He referred to the alien and sedition law, which, because the great body of mankind has always by usurping the power of trampling into dust been found more ready to acquiesce in oppres- the liberty of speech, the freedom of the press, sion than to resist it. He desired gentlemen to and all the rights and securities which the people produce a single precedent where a people had enjoyed, called forth a movement the most whose pursuits are peaceful and agricultural for glorious to the country that could be imagined. the most part, were willing to cast away " the It drew forth the celebrated report of Mr. Madipiping times of peace," and for the mere love son, a report to the merits of which he was of glory to rush into a conflict against power, totally inadequate to do justice. This was a and that power twenty times larger than itself. movement of the aspiring pride of the State Could gentlemen produce an instance where any sovereignties, which, instead of destroying the State, without provocation, had ever offered re- Union, brought back the Government to its first sistance to the General Government? He had principles. So much, then, for State pride. If thus, he believed, established the great principle that State pride had preserved the constitution that the States themselves were always willing at its last gasp, it ought not to have called down to be quiet, and that most of the opposition upon it such unqualified reprobation. The which had been manifested against the General doctrines of;irginia saved the confederacy in Government had arisen from the exercise of that dangerous crisis. They produced a civil doubtful power by that Government, by which revolution, which brought into power the wisest had been provoked that State pride which the and the ablest statesman who ever lived in any gentleman from New Jersey so earnestly country. This was one of the benefits which denounced. Without that pride this republic had resulted from State pride. would now have been as nothing. To justify In the case of the establishment of the United this principle, that most of the controversies States Bank there arose also a conflict of powers. which had arisen, have arisen from the circum- There were many who believed that it was an asstance of the Federal Government taking their sumption of power not delegated to the Federal debatable ground, he would read an authority Government. Ohio was one of the States which

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 55
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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