to themselves and to their posterity."—Wheaton's Rep. vol. 4, p. 403.

The same principles are recognized as being true in the late admirable Proclamation of the President of the United States.

As to the doctrine of Nullification, your Committee would scarcely have considered it worth the trouble of discussion, but for the grave sanction that has thus been given to it by the Convention of South Carolina. They would have treated it as one of those conceits which might have formed the subject of debate in a Moot Court of a law school, but would never have conceived it possible that it could enter into the business realities of life.

Under the view which had been taken of the subject, it is scarcely necessary to inquire into the grounds of complaint, since they are not deemed strong enough, even on the part of the Convention, to warrant a revolutionary measure—or, in other words, rebellion; and the particular subject of attention under the communication, is the attitude assumed by the State on the ground of her sovereign power.

But your Committee cannot forbear from expressing the opinion, that their views of political economy are as erroneous as their constitutional principles. They conceive that it would be no difficult matter to show that the distress of South Carolina may be imputed to very different causes than those assigned, and might be traced with much more semblance of reason, among other causes, to the increased production of their principal staple, both here and in other parts of the world; but your Committee refrain from touching further on this subject. They cannot perceive that the people of South Carolina have any constitutional cause of complaint. If there is distress among them, it is a matter in which we deeply sympathize. But if in the due administration of the General Government, any measure has borne hardly upon them, we know of but one remedy under the Constitution and Laws, and that is in the exercise of the elective franchise.

Your Committee abstain from the expression of any hopes or wishes on the subject, they lament the delusion under which they believe a portion of the people of that State labor. But they are free to say, that as the people of this State were the

first to adopt the present Government, they will be the last to abandon it; and that whenever and wherever the exigency may arise they will be found on the side of the Constitution and the Country.

Your Committee therefore report the following Resolutions:

RESOLVES.

WHEREAS, a Convention of the people of the State of South Carolina has undertaken, by an ordinance passed in November last, to declare certain acts of Congress, for imposing duties and imposts on the importation of foreign commodities, null and void, and not binding on the State, its officers and citizens; and has prohibited the enforcement of those laws within the limits of that State, and has also prohibited any appeal from the decisions of the State Courts, wherein the authority of the ordinance shall be drawn in question, to the United States Courts: And whereas, this measure has been communicated by order of the Convention to the Governor of this State, for the purpose of being laid before the Legislature, and it is expedient that the sense of the people of this State should be expressed in relation thereto Therefore,

Resolved by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the Constitution of the United States is not a treaty or compact between sovereign States, but a form of Government emanating from, and established by, the authority of the people of the United States of America.

Resolved, That the Government of the United States, although one of limited powers, is supreme within its sphere, and that the people of the United States owe to it an allegiance which cannot be withdrawn, either by individuals or masses of individuals, without its consent.

Resolved, That the Supreme Court of the United States is the only and proper tribunal for the settlement, in the last resort, of controversies in relation to the Constitution and the Laws of Con

gress.

Resolved, That if in the regular action of the Government, mischief of any kind be produced, the proper remedy is to be found in the elective franchise, and the responsibility of its offi

cers.

Resolved, That in cases of gross and intolerable oppression, which in a Government like that of the United States, can be little else than a hypothesis, the natural right of self defence remains; but which must, in the nature of things, be an appeal to arms, and subject to all the consequences of resistance to the constituted authorities. In such a case the measure is revolutionary, and the result remains in the hands of the Almighty.

Resolved, That the Convention of South Carolina can have no other or greater right to annul or resist the laws of Congress, than any assemblage of an equal number of individuals in any part of the United States; nor can any assemblage, however large, have any other or greater right, for such a purpose, than belongs to each individual citizen, considered as a constitutional

measure.

Resolved, That it is a subject of regret, that such a delusion should exist among any portion of the citizens of that State, towards whom the people of this State, entertain the kindest feelings, with whom they stood side by side in the war of the revolution, and in whose defence their blood was freely spilt. But if the measure which has been adopted is intended as the precursor of resistance to the government, the people of Delaware will not falter in their allegiance, but will be found now as then, true to their country and its government.

Resolved, That we cordially respond to the sentiments on this subject, contained in the able Proclamation of the President of the United States, and shall be at all times prepared to support the Governmont in the exercise of its constitutional rights, and in the discharge of its constitutional duties.

Resolved, That the Governor be requested to transmit a copy of these Resolutions and the accompanying Report of the Committee to the President of the United States, to each of our Senators and our Representatives in Congress, and to the Governors of the respective States and Territories of the United States of America.

JOSHUA BURTON,

Speaker of the Senate.

THOMAS DAVIS,

Speaker of the House of Representatives.

Passed at Dover, January 16th, 1833.