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that the right hon. Gentleman had not re-, tained political opinions different from those of ceived any payment of it. the right hon. Gentleman, be had never found that difference influencing the right hon. Gentleman's conduct in the chair. noble Lord concluded by moving, that at its rising the House should adjourn to Thursday. At six o'clock the House adjourned to Thursday.

A Member (whose name we could not learn) opposed the re-appointment of Mr. Manners Sutton to the chair, on the ground (as we understood the honourable Gentleman) that he was a Tory, proposed by a Whig adminis

tration.

The SOLICITOR-GENERAL quoted one of the provisions of the Act for regulating the office of Speaker of the House of Commons, which declared that he should be Speaker until another Speaker was chosen. Until another Speaker was chosen, therefore, the right hon. Gentleman had no right to the annuity which had been conferred on him.

The question "That the right hon. Charles Manners Sutton do take the chair as Speaker of this House" was then put by the clerk, and agreed to.

Mr. Sutton was conducted to the chair by Lord Morpeth and Sir Francis Burdett. The right hon. Gentleman immediately addressed the House to the following effect:-"I am deeply grateful to the House for the high honour which they have just conferred upon me. I have now only to express my hope that, by a constant attention to the rights and privileges of the House, by a strict adherence to those rules and orders by which alone our deliberations can be advantageously con. ducted, by the utmost courtesy to every individual Member of the House, by readily affording every information which it may be in my power to communicate, and by doing all I can to facilitate the transaction of public and private business, I may be so fortunate as to experience from the present Parliament the same confidence which I was so fortunate as to experience from the six Parliaments which have preceded it." (Hear, hear, hear).

LIST OF THE MINORITY OF THIRTY. ONE (as correctly as the same could be procured) who voted that E. I. Littleton, the member for Staffordshire, should take the chair of the House, instead of the Right Hon. Charles Manners Sutton.-(Majority of 241.)

(From the Morning Chronicle of the 30. Jan.)
Baldwin, Dr. H., Cork City

Beauclerk, Major A. W., Surrey East
Bowes,

Bulwer, E. L., Lincoln City
Butler, Hon. P., Kilkenny
Cobbett, William, Oldham
Dyke, F. L. B., Cockermouth
Ewart, William, Liverpool
Faithful, G., Brighton
Fielden, W. J., Oldham
Grote, George, London
Gaskell, Daniel, Wakefield
Hume, Joseph, Middlesex
Hutt, William, Hull
Kinloch, George, Dundee
Lynch, A. H., Galway
Lloyd, J. H., Stockport
Neagle, Sir R., Westmeath
O'Connell, Daniel, Dublin City
O'Connell, Maurice, Meath County
O'Connell, Morgan, Tralee
O'Connell, John, Youghall
Potter, Richard, Wigan
Roebuck, J. A., Bath
Roe, James, Cashell

Roche, William, Limerick City
Romilly, John, Bridport

Sutton, Right Hon. C. M., Cambridge
University

Strutt, Edward, Derby
Vigors, N, A., Carlow

Lord ALTHORP said, that in rising to congratulate the right hon. Gentleman, and to congratulate the House on what had just taken place, he could not but advert with the great. est satisfaction to the fact, that during the previous discussion there was not one hon. member who had spoken, and who, like him. self, had had experience of the right hon. Gentleman's great qualities, who had not borne his warm testimony to them. With respect to what had fallen from one hon. Member, of the political tendencies of the right hon. Gentleman, his (Lord Althorp's) experience justified him in assuring that hon. TO THE EDITOR OF The morning

Gentleman, and all those hon. Gentlemen who were new to the House, that that tendency never exhibited itself in the right hon. Gentleman's conduct in the chair. For much the greater portion of the time during which he (Lord Althorp) had had the honour of a seat in that House, he had differed from the opinion of the majority; but at that period he had been treated with just as much courtesy by the right hon. Gentleman, and had received just as much parliamentary assistance from him as since he had sat on the ministerial side of the House. Although he enter

TELLER.

Warburton, Henry, Bridport

(From the Morning Chronicle of 31. Jan.)

CHRONICLE.

Ibbotson's Hotel, Vere Street, Jan. 30. SIR,- beg leave to observe to you, that im the List published in your journal of this morning, of the minority who voted yesterday for the appointment of Mr. LITTLETON to the office of Speaker, you have omitted aly name. It is a matter of very little importance. I write under the supposition that you may wish to have your list correct.

I have the honour to be,
your obedient servant,
GEORGE EVANS.

CAROLINIAN RESISTANCE

OF TAXATION.

And whereas, the Legislature of South Ca rolina now in session, taking into consideration the matters contained in the said proclamation of the President, have adopted a preamble and resolution to the following effect, viz.:

"Whereas, the President of the United

the citizens thereof to renounce their primary allegiance, and threatening them with mili tary coercion, unwarranted by the constitu tion, and utterly inconsistent with the existence of a free state, be it, therefore,

"Resolved, That his Excellency the Gover nor be requested forthwith, to issue his proclamation, warning the good people of this state against the attempts of the President of the United States to seduce them from their allegiance, exhorting them to disregard his vain menaces, and to be prepared to sustain the dignity, and protect the liberty of the state against the abitrary measures proposed by the

President."

against the dangerous and pernicious doctrine promulgated in the said proclamation of the President, as calculated to mislead their judg

I HERE insert the proclamation of Governor HAYNE, the Governor of South Carolina, in which he combats the proclamation of President JACKSON, States hath issued his proclamation denouncwhich I inserted in the last Register.ing the proceedings of this state, calling upon All the documents connected with this matter are of the greatest possible interest, not merely in America, but here too; and the question now in dispute not only involves that of the constitution of America and of her separate states, but it is a practical illustration of the rights which in every free country reside somewhere to resist oppressive taxation. The young men above all should read and study these documents, and I refer them, and indeed all men, to my two letters to the EARL of Radnor, Now I, Robert Y. Hayne, Governor of South contained in the last Register and the Carolina, in obedience to the said resolution, number preceding, for a clear state- do hereby issue this my proclamation, soment of the case of the South Caro-lemnly warning the good people of this state linians. I have in these letters shown why it is that the southern states have to complain of the northern ones; Iments as to the true character of the Governhave stated their case, and I recommend ment under which they live, and the paramount obligation which they owe to the state, those who wish to understand this and manifestly intended to seduce them from matter, to read over again those two their allegiance, and by drawing them to the letters. They will then find them- support of the violent and unlawful measures selves capable of comprehending those contemplated by the President, to involve them in the guilt of rebellion. I would earnproclamations; what led to the hard-estly admonish them to beware of the specious ship of which the southern states com- but false doctrines by which it is now attemptplain, what the complaint is, and how ed to be shown that the several states have it affects both them and us. It is unequal burdens, unequal taxation, of ferred, in the first instance, to the Governwhich these states complain; and they meat of the United States;" that "a state are now showing us that a free and cannot be said to be sovereigu and indespirited people will not feel this injus- pendent whose citizens owe obedience to laws tice without open resistance. I have not made by it;" that "even under the royal Government we had no separate chanot room this week to make any com-racter;" that the constitution has created" a mentary upon these papers, but I can-national Government," which is not a comnot conclude even these few observa-pact between sovereign states"-" that the tions without again exhorting every reader of mine to read them with great attention, and to read over again my letters to my Lord RADNOR,

PROCLAMATION BY THE GOVERNOR OF SOUTH CAROLINA. WHEREAS, the President of the United States has issued his proclamation concerning an "Ordinance of the people of South Carolina, to nullify certain acts of the Congress of the United States," laying duties and imposts for the protection of domestic manufactures;

not retained their entire sovereignty; that "the allegiance of their citizens was trans

that ours is a national Government in which state has no right to secede" in a word, the people of all the states is represented, and by which we are constituted "one people”— and "that our representatives in Congress are all representatives of the United States, and not of the particular states from which they come"-doctrines which uproot the very foundation of our political system, annihilate the rights of the states, and utterly destroy the liberties of the citizens: it requires no reasoning to show, what the bare statement of those propositions demonstrate, that such a Government as is here described, has not a single feature of a confederated republic. It is

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provision of the constitution. That instrument expressly provides that "the constitution, and laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding."

in truth an accurate delineation, drawn with a bold hand, of a great cousolidated empire one and indivisible;" and under whatever specious form its powers may be masked, it is, in fact, the worst of all despotisms, in which the spirit of an arbitrary Government is suffered to pervade institutions professing to be free. Such was not the Here it will be seen that a law of Congress, Government for which our fathers fought and as such, can have no validity unless made bled, and offered up their lives and fortunes as" in pursuance of the constitution." An a willing sacrifice. Such was not the Govern- unconstitutional act is, therefore, null and ment which the great and patriotic men who void, and the only point that can arise in this called the Union into being, in the plenitude case is, whether to the federal Government, or of their wisdom framed. Such was not the any department thereof, has been exclusively Government which the fathers of the republi- reserved the right to decide authoritatively can faith, led on by the apostle of American for the states this question of constitutionality. liberty, promulgated and successfully rain-If this be so, to which of the departments, it tained in 1798, and by which they produced may be asked, is this right of final judgment the great political revolution effected at that given? If it be to Congress, then is Congress auspicious era. To a Government based on not only elevated above the other departsnch principles South Carolina has not been a ments of the federal Government, but it is voluntary party, and to such a Government put above the constitution itself. This, she never will give her assent. The records however, the President himself has publicly of our history do, indeed, afford the prototype and solemnly denied, claiming and exercising, of these sentiments, which is to be found in as is known to all the world, the right to the recorded opinions of those who, when the refuse to execute acts of Congress and solemn constitution was framed, were in favour of a treaties, even after they had received the "firm national Government," in which the sanction of every department of the federal states should stand in the same relation to the Government. That the executive possesses Union, that the colonies did towards the this right of deciding finally and exclusively mother country. The journals of the conven- as to the validity of acts of Congress, will tion and the secret history of the debates will hardly be pretended-and that it belongs to show that this party did propose to secure to the judiciary, except so far as may be nethe federal Government an absolute supre-cessary to the decisions of questions, which macy over the states, by giving them a nega- may incidentally come before them, in “ tive upon their laws; but the same history of law and equity," has been denied by none also teaches us that all these propositions were more strongly than by the President himself, rejected, and a federal Government was finally who, on a memorable occasion, refused to established, recoguising the sovereignty of the acknowledge the binding authority of the states, and leaving the constitutional compact federal court, aud claimed for himself, and on the footing of all other compacts between has exercised the right of enforcing the laws, 66 parties having no common superior." not according to their judgment, but "his It is the natural and necessary consequence own understanding of them." And yet, when of the principles thus authoritatively an- it serves the purpose of bringing odium upon nounced by the President, as constituting the South Carolina, "his native state," the Prevery basis of our political system, that thesident has no hesitation in regarding the atfederal Government is unlimited and supreme; tempt of a state to release herself from the being the exclusive judge of the extent of its control of the federal judiciary, in a matter own powers, the laws of Congress sanctioned affecting her sovereign rights, as a violation by the executive and the judiciary, whether of the constitution. It is unnecessary to enter passed in direct violation of the constitution into au elaborate examination of the subject. and rights of the states or not, are the "su-It surely cannot admit of a doubt that, by the preme law of the land." Hence it is that the President obviously considers the words, "made in pursuance of the constitution," as mere surplusage; and, therefore, when he professes to recite the provision of the constitution on this subject, he states that our "social compact in express terms declares that the laws of the United States, its constitution, and the treaties made under it, are the supreme law of the land;" and speaks throughout of "the explicit supremacy given to the laws of the Union over those of the states"as if a law of Congress was of itself supreme, while it was necessary to the validity of a treaty that it should be made in pursuance of the constitution. Such, however, is not the

cases

declaration of independence, the several colonies became "free, sovereign, and independent states ;" and our political history will abundantly show, that at every subsequent change in their condition up to the formation of our present constitution, the statespreserved their sovereignty. The discovery of this new feature in our system-that the states exist only as members of the union-that before the declaration of independence we were known ouly as "United Colonies "—and that even under the articles of coufederation, the states were considered as forming "collectively one nation," without any right of refusing to submit to" any decision of Congress "—was referred to the President and his immediate pre

decessor. To the latter "belongs the invention, and upon the former will fortunately fall the evils of reducing it to practice.

which so many sovereign states agreed to exercise their sovereign powers conjointly upon certain objects of external concern in which they are equally interested, such as war, peace, commerce, foreign negotiations, and Indian trade; and upon all other subjects of civil government they were to exercise their sovereignty separately. For the convenient conjoint exercise of the sovereignty of the states, there must of necessity be some common agency or functionary. The agency is the federal Government. It represents the confederated states, and executes their joint will, as expressed in the compact. The powers of this Government are wholly derivative. It possesses no more inherent sovereignty than an incorporated town, or any other great corporate body-it is a political corporation, and, like all corporations, it looks for its powers to an exterior source. That source is the states.

South Carolina holds the principles now promulgated by the President (as they must always be held by all who c'aim to be supporters of the rights of the states), as contradicted by the letter of the constitution—unauthorised by its spirit-inconsistent with every principle on which it was founded-destructive of all the objects for which it was framed"utterly incompatible with the very existence of the states; and absolutely fatal to the rights and liberties of the people. South Carolina has so solemnly and repeatedly expressed to Congress and the world the principles which she believes to constitute the very pillars of the constitution, that it is deemed unnecessary to do more at this time than barely present a summary of those great fundamental truths which she believes can never be subverted without the inevitable destruction of the liber- South Carolina claims that by the Declaraties of the people and of the union itself. tion of Independence she became, and has, South Carolina has never claimed (as it is ever since continued, a free, sovereign, and asserted by the President) the right of "re-independent state. That, as a sovereign pealing at pleasure all the revenue laws of the state, she has the inherent power to do all union," much less the right of "repealing the acts which by the law of nations any the constitution itself, and laws passed to give prince or potentate may of right do. That, it effect which have never been alleged to be like all independent states, she neither has, unconstitutional." She claims only the right nor ought she to suffer any other restraint to judge of infractions of the constitutional upon her sovereign will and pleasure, than compact, in violation of the reserved rights of those high moral obligations under which all the state, and of arresting the progress of princes and states are bound before God and usurpation within her own limits, and when, man to perform their solemn pledges. The as in the tariffs of 1828 and 1832, revenue inevitable conclusion from what has been and protection-constitutional and unconsti- said, therefore, is, that as in all cases of comtutional objects have been so mixed up toge-pact between independent sovereigns, where ther, that it is found impossible to draw the from the very nature of things there can be line of discrimina ion-she has no alternative no common judge or umpire, each sovereign but to consider the whole as a system, uncon- has a right" to judge as well of infractions as stitutional in its character, and to leave it to of the modes and measures of redress," so in those who have "woven the web, to unravel the present controversy between South Carothe threads." lina and the federal Government, it belongs South Carolina insists that she appeals to solely to her, by her delegates in solemn conthe whole political history of our country invention assembled, to decide whether the support of her position that the constitution of the United States is a compact between Sovereign states-that it creates a confederated republic, not having a single feature of nationality in its foundation-that the people of the several states as distinct political communities ratified the constitution, each state acting for itself, and binding its own citizens, and not those of any other state, the act of ratification declaring it to be binding on the states so ratifying-the states are its authors; their power created it; their voices clothed it with authority; the Government which it formed is composed of their agents, and the union of which it is the bond, is a union of states, and not of individuals—that as regards the foundation and extent of its power, the Government of the United States is strictly what its name implies, a federal Government -that the states are as sovereign now as they were prior to the entering into the compactthat the federal constitution is a confederation in the nature of a treaty-or an alliance by

federal compact be violated, and what remedy the state ought to pursue. South Carolina, therefore, cannot, and will not, yield to any departments of the federal Government-a right which enters into the essence of all sovereignty, and without which it would become "a bauble and a name."

Such are the doctrines which South Carolina has, through her convention, solemnly promulgated to the world, and by them she will stand or fall; such were the principles promulgated by Virginia in 1798, and which then received the sanction of those great men whose recorded sent ments have come down to us as a light to our feet and a lamp to our path. It is Virginia, and not South Carolina, who speaks, when it is said that she "views the powers of the federal Government as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact-as no further valid than they are authorised by the grants enumerated by that

66

It is Kentucky who declared, in 1799, speaking in the explicit language of Thomas Jefferson, that "the principles and construction contended for by members of the state legislatures (the very same now maintained by the President), that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism-since the discretion of those who administer the government, and not the constitution, would be the measure of their powers. That the several states who formed the instrument, being sovereign and independent, have the unquestionable right to judge" operation is unequal;" that "the amount of the infraction, and that a nullification by those sovereignties of all unauthorised acts done under colour of that instrument is the rightful remedy.'

compact and that in case of a deliberate, plainly and intentionally authorised by the palpable, and dangerous exercise of other constitution, shall be exercised within their powers not granted by the same compact, the respective territories." states who are parties thereto have the right, It is on these great and essential truths that and are in duty bound, to interpose for arrest-South Carolina has now acted. Judging for ing the progress of the evil, and for maintain- herself as a sovereign state, she has pronounced ing within their respecitve limits the authori- the protecting system, in all its branches, to ties, rights, and liberties appertaining to be a gross, deliberate, and palpable violathem." tion of the constitutional compact; and having exhausted every other means of redress, she has, in the exercise of her sovereign rights as one of the parties to that compact, and in the performance of a high and sacred duty, interposed for arresting the evil of usurpation within her own limits, by declaring these acts to be "null, void, and no law, and taking measures of her own that they shall not be enforced within her limits." South Carolina has not "assumed" what could be considered as at all doubtful, when she asserts" that the acts in question were in reality intended for the protection of manufactures;" that their received by them is greater than is required by the wants of the Government;" and finally, "that the proceeds are to be applied to objects, unauthorised by the constitution." These It is the great apostlé of American liberty facts are notorious, these objects openly himself who has consecrated these principles, avowed. The President, without instituting and left them as a legacy to the American any inquisition into motives, has himself dis people, recorded by his own hand. It is by covered, and publicly denounced them; and him that we are instructed that to the con- his officer of finance is even now devising stitutional compact "each state acceded as a measures intended, as we are told, to correct state, and is an integral party, its co-states these acknowledged abuses. It is a vain and forming as to itself the other party," that idle dispute about words, to ask whether this "they alone being parties to the compact, are right of state interposition may be most pro solely authorised to judge in the last resort of perly styled a constitutional, a sovereign, or a the powers exercised under it; Congress be- reserved right. In calling this right constitu ing not a party, but merely the creature of the tional, it could never have been intended to compact; "that it becomes a sovereign state claim it as a right granted by, or derived from, to submit to undelegated, and consequently the constitution, but it is claimed as consistent unlimited power, in no man, or body of men with its genius, its letter, and its spirit; it upon earth; that where powers are assumed being not only distinctly understood, at the which have not been delegated (the very case time of ratifying the constitution, but exnow before us) a nullification of the act is the pressly provided for in the instrument itself, rightful remedy; that every state has a natu- that all sovereign rights, not agreed to be ral right in cases not within the compact exercised conjointly, should be exerted sepa (casus non fœderis) to nullify of their own rately by the states. Virgiuia declared, in authority all assumption of powers by others reference to the right asserted in the resolu within their limits, and that without this right tions of 1798, above quoted, even after hav they would be under the dominion, absolute ing fully and accurately re-examined and and unlimited, of whomsoever might exercise reconsidered these resolutions, "that she the right of judgment for them; and that in found it to be her indispensable duty to case of acts being passed by Congress" so adhere to the same, as founded in truth, as palpably against the constitution as to amount consonant with the constitution, and as conto an undisguised declaration, that the com- ducive to its welfare; and Mr. Madison pact is not meant to be the measure of the himself asserted them to be perfectly powers of the general Government, but that it stitutional and conclusive." It is wholly will proceed to exercise over the states all immaterial, however, by what name this right powers whatsoever, it would be the duty of may be called, for if the constitution be " the states to declare the acts void, and of no compact to which the states are parties," if force, and that each should take measures of" acts of the federal Government are no its own for providing that neither such acts, nor any other of the general Government not

* See original draught of the Kentucky resolutions, in the hand-writing of Mr. Jefferson, lately published by his grandson.

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further valid than they are authorised by the grants enumerated in that compact," then we have the authority of Mr. Madison himself for the inevitable conclusion that it is "a plain principle illustrated by common prac tice, and essential to the nature of compacts,

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