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

DEBATES OF CONGRESS. 109 FEBRUARY, 1833.] Revenue Collection Bill-Nullification. [SENATE. sion, without evils, such as may not only be adopted, includes a right of discriminating, pretended, but felt and experienced,-evils not while exercising the power, and of laying some slight or temporary, but deep, permanent, and duties heavier and some lighter, for the sake of intolerable,-a single State should rush into encouraging our own domestic products, what conflict with all the rest, attempt to put down authority is there for giving to the words used the power of the Union by her own laws, and in the constitution a new, narrow, and unusual to support those laws by her military power, meaning? All the limitations which the constiand thus break up and destroy the world's last tution intended, it has expressed; and what it hope. And well the world may be incredulous. has left unrestricted, is as much a part of its We, who hear and see it, can ourselves hardly will as the restraints which it has imposed. yet believe it. Even after all that had preceded But these laws, it is said, are unconstitutional it, this ordinance struck tile country with amaze- on account of the motive. How, sir, can a law ment. It was incredible and inconceivable, be examined on any such ground? How is the that South Carolina should thus plunge head- motive to be ascertained? One House, or one long into resistance to the laws, on a matter of member, may have one motive; the other opinion, and on a question in which the pre- House, or another member, another. One ponderance of opinion, both of the present day motive may operate to-day, and another toand of all past time, was so overwhelmingly morrow. Upon any such mode of reasoning against her. The ordinance declares that Con- as this, one law might be unconstitutional now, gress has exceeded its just power, by laying and another law, in exactly the same words, duties on imports, intended for the protection perfectly constitutional next year. Besides, of manufactures. This is the opinion of South articles may only be taxed for the purpose of Carolina; and on the strength of that opinion protecting home products, but other articles she nullifies the laws. Yet has the rest of the may be left free, for the same purpose, and country no right to its opinions also? Is one with the same motive. A law, therefore, would State to sit sole arbitress? She maintains that become unconstitutional from what it omitted those laws are plain, deliberate, and palpable as well as from what it contained. Mr. Presiviolations of the constitution; that she has a dent, it is a settled principle, acknowledged in sovereign right to decide this matter; and that, all legislative halls, recognized before all trihaving so decided, she is authorized to resist bunals, sanctioned by the general sense and untheir execution by her own sovereign power; derstanding of mankind, that there can be no and she declares that she will resist it, though inquiry into the motives of those who pass laws, such resistance should shatter the Union into for the purpose of determining on their validity. atoms. If the law be within the fair meaning of the Mr. President, I do not intend to discuss the words in the grant of power, its authority must propriety of these laws at large; but I will be admitted until it is repealed. This rule, ask, how are they shown to be thus plainly and everywhere acknowledged, everywhere admitpalpably unconstitutional? Are they quite new ted, is so universal, and so completely without in the history of the Government? Have they exception, as that even an allegation of fraud in no countenance at all in the constitution itself? the majority of a Legislature is not allowed as Are they a sudden and violent usurpation on a ground to set aside a law. the rights of the States? Sir, what will the But, sir, is it true that the motive for these civilized world say, what will posterity say, laws is such as is stated? I think not. The when they learn that similar laws have existed great object of all these laws is, unquesfrom the very foundation of the Government; tionably, revenue. If there were no occathat for thirty years the power never was sion for revenue, the laws would not have questioned; and that no State in the Union has been passed; and it is notorious that almore freely and unequivocally admitted it than most the entire revenue of the country is South Carolina herself? derived from them. And, as yet, we have To lay and collect duties and imposts is an collected none too much revenue. The treasury express power, granted by the constitution to has not been more exhausted for many years Congress. It is also an exclusive power; for than at this moment. All that South Carolina the constitution as expressly prohibits all the can say is, that in passing the laws which she States from exercising it themselves. This ex- now undertakes to nullify, particular articles press and exclusive power is unlimited in the were taxed from a regard to the protection of terms of the grant, but it is attended with two domestic articles, higher than they would have specific restrictions: first, that all duties and been had no such regard been entertained. imposts shall be equal in all the States; second, And she insists that, according to the constituthat no duties shall be laid on exports. The tion, no such discrimination can be allowed; that power, then, being granted, and being attended duties should be laid for revenue, and revenue with these two restrictions, and no more, who only; and that it is unlawful to have reference, is to impose a third restriction on the general in any case, to protection. In other words, words of the grant? If the power to lay she denies the power of discrimination. She duties, as known among all other nations, and does not, and cannot, complain of excessive as known in all our history, and as it was per- taxation; on the contrary, she professes to be fectly understood when the constitution was willing to pay any amount for revenue, merely

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 109
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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