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

DEBATES OF CONGRESS. 93 FEBRUARY, 1833.] Revenue Collection Bill-Nullification. [SP.NATR. and which might be asserted as such through the to martial law; to call him from his ordinary State tribunals? Both parties agree that the occupation to the field, and, under the penalty acts against which it was directed are unconsti- of fine and imprisonment inflicted by a courttutional and oppressive. The controversy was martial, to imbrue his hand in his brother's only as to the means by which our citizens blood.'There is no limitation on the power of might be protected against the acknowledged en- the sword, and that over the purse is equally croachments on their rights. This being the without restraint; for, among the extraordinary point at issue between the parties, and the very features of the bill, it contains no appropriation; object of the majority being an efficient protec- which, under existing circumstances, is tantation of the citizens through the State tribunals, mount to an unlimited appropriation. The the measures adopted to enforce the ordinance President may, under its authority, incur any of course received the most decisive character. expenditure, and pledge the national faith to We were not children, to act by halves. Yet, meet it. Hle may create a new national debt, for acting thus efficiently, the State is denounced, at the very moment, of the termination of the and this bill reported, to overrule, by military former-a debt of millions, to be paid out of force, the civil tribunals and civil process of the the proceeds of the labor of that section of the State! Sir, (said Mr. C.,) I consider this bill, and country whose dearest constitutional rights this the arguments which have been urged on this bill prostrates!-thus exhibiting the extraordifloor in its support, as the most triumphant nary spectacle, that the very section of the acknowledgment that nullification is peaceful country which is urging this measure, and and efficient, and so deeply.entrenched in the carrying the sword of devastation against us, principles of our system, that it cannot be as- are at the same time incurring a new debt, to sailed but by prostrating the constitution, and be paid by those whose rights are violated; substituting the supremacy of military force in while those who violate them are to receive lieu of the supremacy of the laws. In fact, the the benefits, in the shape of bounties and exadvocates of this bill refute their own argument. penditures. They tell us that the ordinance is unconstitu- The bill violates the constitution, plainly and tional, that it infracts the constitution of South palpably, in many of its provisions, by authorizCarolina; although to him the objection ap- ing the President, at his pleasure, to place the pears absurd, as it was adopted by the very different ports of this Union on an unequal footauthority which adopted the constitution itself. ing, contrary to that provision of the constituThey also tell us that the Supreme Court is the tion which declares that no preference should appointed arbiter of all controversies between be given to one port over another. It also vio. a State and the General Government. Why, lates the constitution by authorizing him, at then, do they not leave this controversy to his discretion, to impose cash duties in one that tribunal? Why do they not confide to them port, while credit is allowed in others; by enthe abrogation of the ordinance, and the laws abling the President to regulate commerce, a made in pursuance of it, and the assertion of power vested in Congress alone; and by drawthat supremacy which they claim for the laws ing within the jurisdiction of the United States of Congress? The State stands pledged to re- courts powers never intended to be conferred sist no process of the court. Why, then, con- on them. As great as these objections were, fer on the President the extensive and unlimited they became insignificant in the provsions of a powers provided in this bill? Why authorize bill which, by a single blow, by treating the him to use military force to arrest the civil pro- States as a mere lawless mass of individuals, cess of the State? But one answer can be given. prostrates all the barriers of the constitution. That, in a contest between the State and the He would pass over the minor considerations, General Governments, if the resistance be lim- and proceed directly to the great point. This ited on both sides to the civil process, the bill proceeds on the ground that the entire sovyState, by its inherent sovereignty, standing upon ereignty of this country belongs to the American its reserved powers, will prove too powerful people, as forming one great community; and in such a controversy, and must triumph over regards the States as mere fractions or counties, the Federal Government, sustained by its del- and not as an integral part of the Union, having egated and limited authority; and, in this an- no more right to resist the encroachments of swer, we have an acknowledgment of the truth the Government than a county has to resist the of those great principles for which the State authority of a State; and treating such resisthas so firmly and nobly contended. ance as the lawless acts of so many individuals, Having made these remarks, the great ques- without possessing sovereign or political rights. tion is now presented-has Congress the right It has been said that the bill declares war to pass this bill?-which he would next proceed against South Carolina. No; it decrees a masto consider. The decision of this question in- sacre of her citizens! War has something volves the inquiry into the provisions of the ennobling about it, and, with all its horrors, bill. What are they? It puts at the disposal brings into action the highest qualities, intellecof the President the army and navy, and the tual and moral. It was, perhaps, in the order entire militia of the country. It enables him, of Providence that it should be permitted for at his pleasure, to subject every man in the that very purpose. But this bill declares no United States, not exempt from militia duty, war, except, indeed, it be that which savages

Pages

About this Item

Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 93
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

Technical Details

Collection: Making of America Books
Link to this Item: https://name.umdl.umich.edu/ahj4053.0012.001
Link to this scan: https://quod.lib.umich.edu/m/moa/ahj4053.0012.001/95

Rights and Permissions

These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Please go to http://www.umdl.umich.edu/ for more information.

IIIF

Manifest: https://quod.lib.umich.edu/cgi/t/text/api/manifest/moa:ahj4053.0012.001

Cite this Item

Full citation: "Abridgment of the Debates of Congress, from 1789 to 1856." In the digital collection Making of America Books. https://name.umdl.umich.edu/ahj4053.0012.001. University of Michigan Library Digital Collections. Accessed June 17, 2025.

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

Annotations Tools

Actions

About this Item

Technical Details

Rights and Permissions

Related Links

IIIF

Cite this Item