United States. Congress.

Abridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives online

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Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives → online text (page 197 of 199)
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extract from "Wilkin's address, 53 ; the spirit of compro-
mise and conciliation, 53; it is said the people had
clothed the General Government -with its powers, 53 ;
this brings up the great question of consolidated powers,
53; North Carolina and Ehode Island refused to ratify the
Constitution, 54 ; if a majority of the States constituting
one-fourth of the people refuse to elect Senators an end
is put at once to the General Government, 54 ; the peo-
ple of so wide a country would never have delegated the
powers to make a consoKdated Government, 54 ; it is
said to bo the aspiring pride of State sovereignties which
has led to these things, 54; I stand on the reserved
rights of the States, 55; remarks of George Clinton in
1810, 55 ; result of his experience, 65 ; results of State
pride, 55 ; doubtful powers, occasions of their exercise,
56 ; every peaceful remedy should be resorted to, 56 ;
case of Kentucky in 1794, 56 ; further concessions, 66 ;
what -will best meet the present crisis ? 57 ; are the peo-
ple of South Carolina alone concerned in this matter, 67 ;
we are called upon to jeopard the public peace by a
novel and dangerous experiment, 58; recommendations
in the President's message, 53; a reduction of duties the
most appropriate remedy, 58 ; almost on the eve of a
civil war, 69; by acting in a spirit of conciliation this
question may be settled, 59 ; action of the government in
connection with great primary local interests, 60 ; the
constitution not the production of the people in aggre-
gate, 60.

In the confiict of power between the United States
and any single State, who is the final and effectual um-
pire ? 61 ; doctrines advanced in regard to social and po-
litical compacts, 61 ; the United States at the time of
forming the constitution had power to grant to a Gen-
eral Government the right of ultimate decision, 61 ; did
they design to form it ? 62 ; was this power in fact grant-
ed? 68 ; opinions of the large States as to the powers of
tho General Government, 64; it has been asked, what
was the necessity for this bill, 64,



798



INDEX.



Provisions and enormities of the bill, 65 ; the first sec-
tion confers on the President the power of closing old
ports of entry and opening new ones, 65; he is author-
ized to exact cash duties at one place while the credit
Bystem prevails at another, 65; he is authorized to. em-
ploy the land and naval forces to put down all " aiders
and abettors," 65; the second section extends the pow-
ers of the United States Courts over a portion of the
criminal jurisdiction now belonging to the State Courts
exclusively, 66 ; the third section provides an instance
of practical nullification every way equal to South Caro-
lina, 66 ; authority to call out the military, 66; the sixth
section a Botany Bay law, 67 ; no ambiguity about this
measure, 67; the course adopted not calculated to avoid
a rupture, 67; the majority must pass this bill on their
own responsibility, 67 ; the mode by which to preserve
the Union is by restoring mutual confidence and affec-
tion among the members, 68 ; it is said, it would not do
to offer teiTusto South Carolina maintaining a menacing
attitude, 68,

State secession is a less evil than State nullification,
69 ; are the ordinances and laws of South Carolina con-
sonant with the Constitution of the United States? 69 ;
metaphysical subtleties in which the question has been
involved, 69; an ultimate sovereignty, a paramount
power of amendment and resolution under the constitu-
tion, rests in the people of three-fourths of the States,
70; sovereign power considered divisible by those who
formed this Government, 70; the power conferred on the
Judicial Department, 70 ; Marshall's distinction between
judicial and political power, 70; can the question of the
validity of the South Carolina ordinance and legislation
arise before the Supreme Court? 71 ; views of the Pres-
ident on the authority of the Court, 71 ; the Virginia
resolutions of 1798 quoted in opposition, 71 ; are the pro-
visions of the bill proper to secure the obedience to the
laws -which South Carolina withholds? 71 ; it is said, all
human institutions contain the elements of their own
destruction, 72.

This is an administration measure, 72 ; what is said
of it by friends of the administration ? 73 ; public opin-
ion sets with irresistible force in favor of the measure
recommended by the President, 73.

What were the causes which led to this bill? 74; have
■we the constitutional power to pass it ? 74 ; if this body
connive at Charleston being a free port your revenue is
lost, 74; they expel the judicial power of the United
States out of South Carolina, 75; what is characterized
as a despotic majority ? 75 ; the encroachment on private
rights and property and the sanctity of courts is a vio-
lation of the constitution, 75; the ordinance on the right
of jury trial, 75 ; a violation of the constitution involved,
76 ; other violations by the provisions of the ordinance,
76 ; further details of the ordinance, 76, 77.

The first section declares the tariff laws null and void,
77 ; is the tariff constitutional? 77; the third section de-
clares that appeals shall not be taken IVom the State
Courts, 78 ; clause upon which the President relies, 78 ;
not a correct view of the constitution to say the laws,
constitution and treaties are the supreme law of the
land, 79 ; a treaty may become necessary impairing, in
some instance, the constitution, 79; the last clause on
secession has been considered a violation of the constitu-
tion, 79 ; it is only tho declaration of a purpose, not the
execution of one, 79 ; a State has the same right to se-
cede that a citizen has to emigrate, 79 ; the ordinance is
not in any one point unconstitutional, 80 ; grounds upon
-which this bill is unconstitutional, 80 ; a State has a right
to judge in the last resort of a violation of the constitu-
tion, 80 ; fears of the consequences if thia bill passes, 81 ;



if it passes, -what rights are left to South Carolina ? 81 ;
motion to strike out the third section lost, 85.

The bill makes the President of the United States a
national dictator, and converts his agents into petty
chieftains, 86 ; it places the military above the civil
power, 87 ; it is said we may safely intrust these powers
with Andrew Jackson, 87; what right has the free la-
borer of the North to demand that his labor shall be
protected at the expense of the free or the slave labor
of the South? 87; this right denied, 87; the bill involves
this question, 87 ; the people of Alabama have a com-
mon interest with those of South Carolina in resisting
this oppression, 87; some seem to think they must
support the President, 87 ; who are they that are so
anxious to clothe the President with these powers? 88.

Virgima JieaoluUon8. - 'W'ba.t was the conduct of
Virginia in 1798-99? 88; her protest against the alien
and sedition acts, 88; ihcts proved the real Intentions
and policy of Virginia, 88 ; a forcible commentary on the
resolutions of '98, 88; how the men of those days under-
stood their own proceedings, 89 ; the question is, what
measures of State interposition were deemed constitu-
tional, 89 ; State interposition, the right how viewed by
other States, 90 ; attempts to deny this right, 90 ; was
there ever less occasion to despair of the moral power
and ultimate ascendency of a sound public opinion ? 90;
what are we called upon to do in the present crisis ? 90.

The first objection to the ordinance is to the test oath,
91 ; the people of South Caroling believe the Union is a
union of States and not of individuals, 91; they believe
the right of resistance to unconstitutional laws belongs
to the State, and not to her individual citizens, 91 ; it has
been objected that the State has acted precipitately,
92 ; notwithstanding her delay of ten years, her conduct
is called rash, 92 ; her sisters have acted tardily, 92 ; the
point at issue between the two parties then was, whether
nullification was » peaceful and efficient remedy, 92;
has Congress the right to pass this bill? 93; the bill
violates the constitution plainly and palpably in many
of its provisions, 93 ; it is said to be a measure of peace,
94 ; this constitution is a federal union of the States in
which the several States still retain their sovereignty,
94 ; it is said the bill ought to pass, because the law
ought to be enforced, 94 ; it is said that the Union must
be preserved without regard to the means, 95; the con-
troversy is one between power and liberty, 95; the
question involves that most deeply important of all po-
litical questions, whether it is a federal or a consolidated
government, 95; same contest at different ages of the
world, 95 ; governments of the Teutonic race based on
federal organization, 96; extract ftom Palgrave, 96; the
government of the twelve tribes, 96; it is thought the
beau-ideal of a -pQTfQct government is the government
of the majority, 96; operation of the principle of the
absolute and unchecked migority, 97 ; divided into two
interests, one profiting by the action of the government,
and the other at whose expense the machine is kept in
motion, 97 ; modes of modification for a government
bound upon the will ol an absolute majority, 98 ; is there
any remedy for the evils, or can the people govern them-
selves ? 98 ; it is said the interposition of a State would
lead to anarchy and dissolution, 99; illustrations
furnished by Rome, 99 ; the tendency to conflict in the
action of the General Government is between Southern
and other sections, 99.

A tone of threat and defiance, 100 ; it is said that on
the decision of this question depends the cause of liberty,
100; public opinion settled on this question, 100 ; the
doctrine of South Carolina examined and compared with
tho constitution, 100 ; the three resolutions, 101 ; prop-



INDEX.



799



ositioDS aflarmed in the first two, 101 ; our system said
to be a compact acceded to by the States, 101 ; language
of the. people in the constitution, 101 ; the resolutions
import that the United States are connected only by
league, 101; if so, it is time the people understood it,
101; practical consequences, 102 ; the constitution does
not provide for events which must be preceded by its
own destruction, 102 ; inevitable results of this doctrine,
102 ; practical nullification, 103 ; four positions main-
tainea against all these theories, 103 ; the constitution
is not a league, confederacy or compact, 103 ; no lan-
guage in the whole constitution applicable to a confeder-
acy of States, 103 ; preposterous that any State should
have power to nullify the proceedings of the General
Government respecting peace and war, 104 ; the people
live under two Governments, 104 ; the constitution re-
gards itself as perpetual, 104 ; there is a supreme law of
the land consisting of a constitution, &c., 104 ; a doctrine
bringing such consequences as this, cannot be well
founded, 105 ; the Government of the United States
possesses authority of final decision on questions of dis-
puted power, 105 ; if the constitution did not contain
this authority, one State of twenty-four could not claim
it, 105 ; the right of State interposition stiikes at the
very foundation of the legislative power of Congress,
105 ; the constitution has not left this cardinal point
■without full and explicit provisions, lOG ; authority of
Congress, 106 ; on the Judiciary it is still more explicit,
106; nullification is as distinctly revolutionary as
secession, 107; the ordinance and laws of South Caro-
lina exafnlned, 107; what the ordinance declares, 107 ;
second step, 107; the application of force, 108; third, all
legal redress cut off, 108 ; two principal provisions on
■which South Carolina relies to resist the laws of the
United States, and nullify the authority of the Govern-
ment, 108; what is the reason for passing laws like
these? 103 ; the cause, a difference of opinion on a pro-
vision of the constitution, 108 ; how are these laws of the
United States shown to be unconstitutional ? 109; It is
said, on account of the motive, 109 ; is it true the mo-
tive for these laws is such as is stated? 109 , It is, un-
questionably, revenue, 109; the friends of nullification,
if successful, would be the *' architects of their own
ruin," 110,

Postponement considered, 110 ; farther debate, 111 ;
bill ordered to be engrossed. 111,

Message from the President, communicating the ordi-
nance of South Carolina, &c,, 150; motion to print, 150;
reference moved to the Committee on the Judiciary, 151 ;
object to bring to the attention of Congress the neces-
sity of certain laws, 151 ; reference carried, 151.

In the House, moved to refer the revenue collection bill
to the Committee of the "Whole, 168 ; misrepresentations
of the bill, 169; is this bill to take precedence of the ta-
riff? 169; South Carolina, 169; it is said, the whole ques-
tion is one of dollars and cents, 170 ; motion to postpone,
lost, 182; necessary to part with Andrew Jackson, 182;
some things which seemed to be forgotten, 182 ; com-
pare this bill with a former message of the President,
182 ; does this bill permit a man to be tried by his
peers? 183; it must pass for the sake of the union party
of South Carolina, 183; a principle in the politics of
tyranny, 183 ; it declares the States may be compelled
to obodionce by military force, 133 ; what has produced
this stato of things? 134; the palace of the President,
184; answer to the complaints of the South, 185 ; the
proclamation may safely challenge the world for a par-
allel, 185 ; it is said, it was Issued for the best of mo-
tives, 185; followed by a message confirming all Its
principles, 185 ; the way the civil war Is to commence,
186 ; though much may be conceded, it stops short 1



of the demands of South Carolina, 187 ; future proba-
bilities, 187 ; the ordinance, the statutes, the military
preparations, 187.

The rejection of this bill, a negative sanction of nulli-
fication, 188; this is an administration measure, 183;
the passage of this bill will be another deep stab to the
constitution, 138 ; first section of the bill, 189 ; power of
Congress, 189 ; the present attitude of South Carolina
does not furnish such a case as was contemplated by the
constitution, 189 ; it is said we have no assurance that
South Carolina will repeal her ordinance, &c., 190 ; it
is said, unless we pass this bill, the modification of the
tariff will have the appearance of concession, 190; do
you not run the hazard of provoking the other Southern
States to take part with South Carolina ? 190 ; bill



Oaths. — See Index^ vol. 1.

Occupying ClaiTnant Lands, — See Index, vol. 8.

0^6, a certain, an Inquiry respectmg. — See Index^ ■vol,
5.

Officers, HemovaZ of.Se'Q Index, vol. 1.

Offices, phirality of, — See Index, vol. 8.

Officers of the Customs. — See Index, vol. T.

OMo Canal, Land Grant to.— See Index, vol. 11,

Ohio BesolutioTis. — In the Senate, resolutions of Ohio
Legislature against recharter of the bank, &c., present-
ed, 626.

Ohio, vote for President In 18S2, 168.

Ohio, Northern boundary of. — In the Senate, a bill to es-
tablish, considered, 867; Ohio no well-founded claim
to take from Michigan that part of her territory de-
manded in the bill, 867; the power which is possessed
by Congress to modify this Hue, 867 ; the law is against
Ohio, 868 ; act of April, 1802, 863 ; assertion of the Ohio
convention, 868; constitution of Ohio, how received by
Congress, 868; further historical details, 869; bill order-
ed to be engrossed, 870.

Ohio River, Improvement of the 27a/vigation of.— See
Index, vol. 11.

Ohio State Government. — See Indea, vol. 2.

Ordinance of 17SJ.— See Index vols. 8, 4, and Index, vol. 6,
Missouri.

Orleans Territories. — See Index, vol. 4, Territories.

Osgood, Gatton P., Eepresentative from Massachusetts,
885.

Owens Hakdeman, the case of—In the House, a resolution
of inquiry into the cause of the death of, considered,
431 ; debate, 431 ; resolution adopted, 432.



Page, Sdeeman, Eepresentative from New Tort, 885.

Painting of (he principal events of the Revolution. — See
Index, vols. 5, 9, 10.

Panama Ministers, Instructions to. — See Index, vol. 10.

Panama Mlssion.^See Index, vols. S, 9.

Paekee, James, Eepresentative from New Jersey, 885; on
the claim of Susan Decatur, 434; on slavery In the Dis-
trict of Columbia, 673.

Parks, Goruam, Eepresentative from Maine, 885.

Pat&iU 0ffice.Se6 Index, vol. 10.

Patterson, William, Eepresentative from Ohio, 886.

Patton, John M., Eepresentative from Virginia, 885 ; on the
claim of Susan Decatur, 484; on French relations, 657;
relative to relations with France, 678. See Index, vol
11.



800



INDEX.



pay of Members. — See Indeas, vols. 5, 6, 10, 11.

Payment of Interest to States.— See Index, vol. 9.

Pearce, D ctteb J., Representative from Ehode Island, 385.
See Index, vols. 10, 11.

Peck, Judge, the case of, see iTidex, vols. 10, 11.

Penal Code in the District of Columbia. — la the Senate,
a bill to authorize the adoption of, considered, 603 ; judi-
cial system of the district, 603; the proposition in, 603.

Penal Code of the United States. — See Index, vol. 8.

Pendletox, Edmund H., on the compromise bill, 180. Se&
Indexxi, vol. 11.

Penitentiary in the District of Columbia. — See Inde^y
vols. 8, 9.

Pennsylvania Insurgents. — See Index, vol. 1.

Pe7i/nsyh)am,ia, vote for President in 1832, 168.

PenMon Pill, E&voluUonary, — See Index, vol. T.

P&nsionZaws. — In theHouse, a resolution extending the pro-
visions of the pension laws to those engaged in Indian
■wars between '83 and '95, 410 ; the law as it now stands,
410; objects of the resolution, 410; the pension system
no less odious to the South than the tariff, 413 ; a most
burdensome system, 413 ; how have the promises of the
administration been kept ? 413 ; what is the operation
of this system ? 413 ; further debate, 429 ; resolution
adopted, 429. See I-ndex, vols. .10, 11.

Pensions to wou/nded Officers of the War of 1812. — See In-
dex, vol. 6.

pBEKT, CoiiMODOEE. — See Index, vol. 10.

Petitions, reception of. — See Index, vol. 2; and Index,
vols. 1, 6, 12, Slavery.

Peyton, Baille, Eepresentative firom Tennessee, 886 ; on
the removal of the deposits, 417.

Philips, Stephen C, Eepresentative ii-om Massachusetts,
644 ; on slavery in the District of Columbia, 6T6.

Philadelphia Frigate, Captors of. — See Index^ vol. 9.

Pickens, — , on the death of Warren E. Davis, 658,

PiEKOE, rsANKLiN, Eepresentativ6 from New Hampshire,
885 ; on revolutionary claims, 435.

PiEESON, Job, Eepresentative from New Tork, 885. See
Index, vol. 11.

PiNOKNET, Henet L., Eepresentative from South Carolina,
885; on the decease of Thomas D. Singleton, 890; on
the pension laws, 413 ; on the purchase of books, 442.

Piracy in the West Indies.— See Index, vols. T, S.

Pise, Eev. Mr., elected Chaplain of the Senate, 12.

Pitts, Seth, revokes his signature to a distress memorial,
870.

Plummbb, Feanklin E., Eepresentative iVom Mississippi,
886. See Index, vol. 11.

PoiNDEXTEE, Geoege, Senator from Mississippi, 193 ; on the
public distress, 233 ; on the Ehode Island Senator, 268 ;
on the President's protest, 318 ; 'on the Polish exiles,
335; chosen President pro tern, of the Senate, 383; his
address, 383 ; on Executive patronage, 585 ; on the forti-
fication bill, 642. See Index, vol. 11.

PoUsh MyiXes, — In. the Senate, a bill to donate land to, con-
sidered, 863 ; passed, 364 ; a memorial presented, 462 ;
circumstances of the exiles, 462; the cause of Poland,
462 ; one sentiment in regard to the exiles, 462 ; memo-
rial referred, 462 ; bill from the Senate considered, 521 ;
amendment of the House non-concurred in, 521 ; House
insist, 521 ; the bill for the relief of, considered in the
Senate, 600 ; its features, 600 ; take care not to encourage
a hungry class of speculators, 600 ; laid on the table,
600.

Polk, James E., Eepresentative from Tennessee, 886 ; re-
ports a bill for the sale of bank stock, 166 ; on the re-
moval of the deposits, 896; on the purchase of books,
442, 444 ; on the State banks as depositories, 492 ; on the
local bank regulation deposit bill, 496; on the Post
Office investigation, 521; on the fortification bill, 655;



on the Meade claim, 655; on the deposit banks, 676.
See Index, vols. 8, 9, 10, 11.

Pontchartrain Canal, and Louisiana College.— See Indem^
vol. 10.

Poor of Georgetown, wood for. — See Index,Yo\. 11.

Pope, Pateick H., Eepresentative from Kentucky, 886.

PoETEE, Alexandeh, Scuator from Louisiana, 193, 686.

Porl/iigal, Commerce with. — See Index, vol. 7.

Postage of Sewspapers.^See Ind&a, vol. 3.

Postage, Bed/uction of — In the House, a resolution relative
to, considered, 128 ; extent of the establishment, 129 ;
expense defrayed by a specific tax, 129 ; after a surplus,
129 ; many routes unproductive, 129 ; much free matter,
129 ; the unproductive roads should be sustained at the
public charge, 129 ; the treasury should pay for the free
matter, 129 ; a new graduation of rates should be made,
180.

A proposition to charge the Post Office on the cus-
toms, 180 ; impropriety of the scheme, 131 ; it would
then be in the condition of the army and the navy and
judiciary, 131 ; the time for the introduction of this
measure, 132 ; farther debate, 132 ; motion lost, 183.

Postmaster General, Salary of.— See Index, vols. 8, 9.

Post Office. — In the House, a committee of investigation
appointed, 521.

Po^ Office De^arlm&tit In/vesUgation.—See Index, vol 11.

Post-Office Patronage.— See Index, voL 5.

Post- Office.— See Index, vol. 1.

Potomac Piver Bridge.— See Index, vol. 3.

PoTTEE E. K., claims a seat as Senator from Ehode Island,
193 ; resolution on compensation to, 378.

Potts, David, jr., Eepresentative from Pennsylvania, 385.
See Index, vol. 11.

Power of the President to originate Missions.— See Index,
vol. 11, Turldsh Mission.

Powers of the Gov6mm.ent.—lii the Senate, resolutions rel-
ative to, presented by Mr. Calhoun, 23 ; do. presented
by Mr. Grundy, 24; do. presented by Mr. Clayton, 27.

Pre-emption Rights.— See Index, vols. T, 10, 11.

Peentiss, Samfel, Senator from Termont, 193, 686; on Ver-
mont memorials, 271 ; on receiving slavery memorials,
731.— ^e Index, voL 11

Presents to Ministers. — See Index, vol. 2.

Presents from. Foreign Po^&rs. — In the Senate, a resolution
to authorize the sale of a lion and horses, presented to
the United States by the Emperor of Morocco, consid-
ered, 537, 578 ; in the House, report of the Committee
on Foreign Affairs, 645 ; resolution agreed to, 645.

Presidency, Vacancy in. — See Index, voL 1.

President, Attempted Assassination of— la. ttie Senate, a
report on, 635; adopted, 636.

Presidential Document. — In the Senate, a resolution of in-
quiry into the genuineness of a document issued by the
President, 205; an unusual call, 205 ; reasons for the call,
205 ; why should the Senator from Kentucky desire to
get possession of a paper addressed by the President to
his advisers ? 206 ; impossible to conceive the uses to
which this information may be applied, 206; he may
refuse to send a copy in answer to the call, 206 ; the doc-
ument not an official act of the President, 206; resolu-
tion modified, 207 ; resolution agreed to, 207 ; message
In reply, 207; remarks on the reply, 207, 208.

Presidential Election in the Bouse. — See Ind&o, vol. 8.

Presidential Mection.-Uei^OTt on mode of counting the
votes, 65, 86.

Preston, "William C, Senator from South Carolina, 193,
686 ; on the young men's distress memorial, 298; on the
decease of James Blair, 302 ; on the purchase of books,
S81 ; on public printing, 610 ; on the fortification bill,
640; on the election of printer, 638; on receiving slavery
petitions, 705; on slavery memorials, 710,732; on the



INDEX.



801



decease of Kichard J. Manning, 761 ; on affairs in Texas,
761 ; on the Smithson legacy, 761 ; on Texan affairs, 778.

Prdvioua Question.-— JSee Index^ vols. 1, 4, 5.

Printing^ Public^ cost of, for a series of years, 302.

Printing^ The Public. — In the Senate, a resolution to go
into the election of a printer, 609 ; three modes of, re-
ported In 1819, 609; the printing of the departments
should also be considered, 610 ; what -was the cause of
the increase of printing ? 610 ; report of 1819 ordered to
be reprinted, 610; in the Senate, motion to proceed



Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates, by John C. Rives → online text (page 197 of 199)