Mr. WEBSTER--I do not doubt it. [JAN. 28, 1833. On motion of Mr. WILKINS, the resolutions were then laid on the table, together with the various propositions of amendment. REVENUE COLLECTION BILL. The Senate then took up the following bill, reported by Mr. WILKINS, from the Committee on the Judiciary, on the 21st instant. of the President, and had recommended a reduction prin- fact that the gentleman from Massachusetts was now sitcipally on the protected articles. In the House of Re-ting in his chair. presentatives there was a bill pending, which had been founded on these views, and it was hoped that this bill would be speedily passed. Thus, then, there was an intermediate and an alternate course which offered themselves for selection. The intermediate course was to modify the existing tariff, according to the recommendations of the President; and to effect which a bill was now on its passage. The ultimate measure was to arm the President with the power to coerce the State of South Carolina into obedience to the existing law. Was it not wrong to discuss the ultimate measure while the intermediate measure was before the House? Suppose that the House were to pass the bill, would there then, he asked, be any reason for the passage of this bill? Certainly not. But suppose that the Senate were to pass this bill, and the bill of the House were also to be passed, this bill would then fall to the ground as of no effect. Be it enacted, &c. That whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or unlawful threats and menaces against officers of the United States, it shall become impracticable, in the judgment of the President, to execute the revenue laws, and collect the duties on imports in the ordinary way, in any collection district, it shall and may be lawful for the President to direct that the custom-house for such district be It appeared to him that the wisest course of legislation established and kept in any secure place within some port would be to wait and see the conclusion of the measure or harbor of such district, either upon land or on board which was before the House; and if it should be conclud- any vessel; and, in that case, it shall be the duty of the ed not to carry out the recommendation made by the Pre- collector to reside at such place, and there to detain all sident at the commencement of the session, then it would vessels and cargoes arriving within the said district until be time enough to take up the bill. But the discussion the duties imposed on said cargoes, by law, be paid, in of this bill now would be premature, and only calculated cash, deducting interest according to existing laws; and to put the country in a blaze, and would destroy all pros- in such cases it shall be unlawful to take the vessel or carpect to the end of the session of effecting any modifica-go from the custody of the proper officer of the customs, tions in the provision of the tariff. What, then, would be unless by process from some court of the United States; the result? The result would be strife and confusion. It and in case of any attempt otherwise to take any vessel or would result in the shedding the blood of brethren by cargo by any force, or combination, or assemblage of brethren, in the marching of troops from the East and persons, too great to be overcome by the officers of the the North, and in what ought emphatically to be called a customs, it shall and may be lawful for the President, of spinning-jenny war. What reason could be assigned why the United States, or such person or persons as he shall the Senate should not pause, and see what would be the have empowered for that purpose, to employ such part of action of the House? Would they urge the ulterior be- the land or naval forces, or militia of the United States, fore they had discovered that the intermediate measure as may be deemed necessary for the purpose of preventwould fail, and, while the other branch was engaged in ing the removal of such vessel or cargo, and protecting the modification of the tariff, clothe the Executive with the officers of the customs in retaining the custody thereauthority to execute the hostile provisions of this bill? It of; and also for the purpose of preventing and suppressing would, in his opinion, be a salutary course to postpone the any armed or riotous assemblage of persons resisting the further consideration of the whole subject until Thursday, custom-house officers in the exercise of their duties, or in or even Monday; and by that time it might be known any manner opposing the execution of the revenue laws of what had been done with the bill by the House, and what the United States, or otherwise violating, or assisting and was the prospect of a settlement of this question without abetting violations of the same. further distraction of the country. Mr. MANGUM said that, at the instance of the gentleman from South Carolina, he would modify his motion so as to stand a motion to make the resolutions and amendments the order for Thursday. They could then be discussed in conjunction with the bill. Sec. 2. And be it further enacted, That the jurisdiction of the circuit courts of the United States shall extend to all cases, in law or equity, arising under the revenue laws of the United States, for which other provisions are not already made by law; and if any person shall receive any injury to his person or property for or on account of any act by him done, under any law of the United States, for the protection of the revenue or the collection of duties on imports, he shall be entitled to maintain suit for damage therefor in the circuit court of the United States in the district wherein the party doing the injury may reside, or The CHAIR then decided that the bill would have pre-shall be found. And all property taken or detained by cedence on the special orders, and come up the first for any officer or other person under authority of any law of discussion. Mr. FORSYTH said he should wish to understand the motion and its effect-which subject would stand the first for discussion on the special order? Mr. WEBSTER-The bill. Mr. FORSYTH-Then I am satisfied. the United States shall be irrepleviable, and shall be Mr. CALHOUN remarked, that the effect of the adop-deemed to be in the custody of the law, and subject only tion of the bill would be the destruction of the resolutions. to the orders and decrees of the courts of the United Mr. WILKINS said, if there was any doubt on the sub- States having jurisdiction thereof. And if any person ject of precedence, he would move to lay the resolutions and amendments on the table. The CHAIR repeated, that there could not be any doubt but that, in point of fact, there was but one special order, and that was the bill. Mr. CALHOUN said, that if he had any control over the resolutions, he would wish that they should be laid on the table, so that they might be subject to a motion to take them up at any time. He would merely add that he felt as deep a conviction, in his own mind, of the truth of the propositions contained in his resolutions, as of the shall dispossess or rescue, or attempt to dispossess or rescue, any property so taken or detained as aforesaid, or shall aid or assist therein, such person shall be deemed guilty of a misdemeanor, and shall be liable to such punishment as is provided by the twenty-second section of the act for the punishment of certain crimes against the United States, approved the thirtieth day of April, anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of officers in the service of process. Sec. 3. And be it further enacted, That in any case JAN. 28, 1833.] Revenue Collection Bill. [SENATE. where suit or prosecution shall be commenced in a court lawful for him, the President of the United States, forthof any State against any officer of the United States, or with to issue his proclamation, declaring such fact or inother person, for or on account of any act done under the formation, and requiring all such military and other force laws of the United States, or under color thereof, or for forthwith to disperse; and, if, at any time after issuing or on account of any right, authority, or title set up or such proclamation, any such opposition or obstruction claimed by such officer, or other person, under any law shall be made, in the manner or by the means aforesaid, of the United States, it shall be lawful for the defendant the President shall be, and hereby is, authorized promptin such suit or prosecution, at any time before trial, upon ly to employ such means to resist and suppress the same, a petition to said court, setting forth the nature of said and to cause the said laws or process to be duly executed, suit or prosecution, and verifying the said petition by as are authorized and provided in the cases therein menaffidavit, which said petition and affidavit shall be present- tioned by the act of the twenty-eighth of February, one ed to said court, or to the clerk thereof, or left at the thousand seven hundred and ninety-five, entitled "An office of the said clerk, to remove the said suit or prose-act to provide for calling forth the militia to execute the cution to the circuit court of the United States then next laws of the Union, suppress insurrections, repel invasions, to be holden in the district where the said suit or prose- and to repeal the act now in force for that purpose:" and, cution is commenced; and, thereupon, it shall be the also, by the act of the third of March, one thousand eight duty of the said State court to stay all further proceed- hundred and seven, entitled, "An act authorizing the emings therein; and the said suit, or prosecution, upon pre-ployment of the land and naval forces of the United States sentment of said petition or affidavit, on leaving the same in cases of insurrection." as aforesaid, shall be deemed and taken to be removed Sec. 6. And be it further enacted, That in any State into the said circuit court; and any further proceedings, where the jails are not allowed to be used for the impritrial, or judgment therein, in the said State court, shall sonment of persons arrested or committed under the laws be wholly null and void; and on proof being made to the of the United States, or where houses are not allowed to said circuit court of the presentment of said petition and be so used, it shall and may be lawful for any marshal, affidavit, or of the leaving of the same as aforesaid, the under the direction of the judge of the United States for said circuit court shall have authority to entertain juris- the proper district, to use other convenient places, and to diction of said suit or prosecution, and to proceed therein, make such other provisions, as he may deem expedient and and to hear, try, and determine the same, in like manner necessary for that purpose. as if the same had been originally cognizable and institut- Sec. 7. And be it further enacted, That either of the ed in such circuit court. And all attachments made, and justices of the Supreme Court, or a judge of any district all bail and other security given upon such suit or prose-court of the United States, in addition to the authority cution, shall be and continue in like force and effect, as if already conferred by law, shall have power to grant writs the same suit or prosecution had proceeded to final of habeas corpus in all cases of a prisoner or prisoners, in judgment and execution in the State court. And if, jail or confinement, where he or they shall be committed upon the removal of any such suit or prosecution, it shall or confined on or by any authority or law, for any act be made to appear to the said circuit court that no copy done, or omitted to be done, in pursuance of a law of the of the record and proceedings therein in the State court United States, or any order, process, or decree of any can be obtained, it shall be lawful for said circuit court judge or court thereof; any thing in any act of Congress to allow and require the plaintiff to proceed de novo, and to the contrary notwithstanding. And if any person or to file a declaration of his cause of action; and the parties persons to whom such writ of habeas corpus may be dimay thereupon proceed as in actions originally brought in rected shall refuse to obey the same, or shall neglect or said circuit court; and on failure of so proceeding, judg- refuse to make return, or shall make a false return therement of non pros. may be rendered against the plaintiff, to, in addition to the remedies already given by law, he with costs for the defendant. or they shall be deemed and taken to be guilty of a misSec. 4. And be it further enacted, That in any case in demeanor, and shall, on conviction before any court of which any party is, or may be, by law, entitled to copies competent jurisdiction, be punished by fine, not exceedof the record and proceedings in any suit or prosecution ing dollars, and by imprisonment, not exceeding in any State court, to be used in any court of the United or by either, according to the nature and States, if the clerk of said State court shall, upon de-aggravation of the case. mand, and the payment and tender of the legal fees, Mr. MANGUM moved that the further consideration of refuse or neglect to deliver to such party certified copies the bill be postponed to and made the special order of the of such record and proceedings, the court of the United day for Thursday next; and upon this motion asked the States in which such record and proceedings may be yeas and nays, which were ordered. needed, on proof, by affidavit, that the clerk of such State court has refused or neglected to deliver copies thereof, on demand, as aforesaid, may direct and allow such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and thereupon, such proceeding, trial, and judgment may be had in the said court of the United States, and all such process awarded, as if certified copies of such records and proceedings had been regularly before the said court. The question being taken, it was decided in the negative, as follows: YEAS.-Messrs. Bibb, Black, Brown, Calhoun, King, Mangum, Miller, Moore, Poindexter, Rives, Smith, Troup, Tyler, Waggaman, White-15. NAYS.-Messrs. Benton, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Forsyth, Foot, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane, Knight, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins, Wright-30. Sec. 5. And be it further enacted, That, whenever the President of the United States shall be officially informed by the authorities of any State, or by the circuit and one Mr. WILKINS rose in support of the bill. The posiof the district judges of the United States, in the State, tion, said he, in which you, Mr. President, have placed that, within the limits of such State, any law or laws of me in relation to this body, imposes on me the duty of the United States, or the execution thereof, or of any introducing the present bill to the Senate, and of explainprocess from the courts of the United States, will, in any ing its provisions. In my mode of discharging this duty, event, be obstructed by the employment of military force, I do not consider myself as the representative of other or by any other unlawful means, too great to be overcome gentlemen on the committee; those gentlemen possess a by the ordinary course of judicial proceeding, or by the competence, far beyond mine, to explain and defend the powers vested in the marshal by existing laws, it shall be power of the General Government to carry into effect SENATE.] Revenue Collection Bill. [JAN. 28, 1833. its constitutional laws. The bill is founded upon a mes-principles of South Carolina-break the Union into fragsage from the President, communicated on the 16th inst., ments-some chieftain may bring the fragments toand proposes to sustain the constitutionality of the doc-gether, but it will be under a military despotism. He trines laid down in that admired state paper. In the would not say that South Carolina contemplated this reoutset of the discussion, it is admitted that the bill points sult, but he did say that her principles would lead to it. to an afflicting state of things existing in a Southern State South Carolina, not being able longer to bear the burden of the Union; it is not to be disguised that it points to the of an oppressive law, had determined on resistance. State of South Carolina. It is not in the contemplation of The excitement raised in the State gave to the party a the committee who reported this bill to make it assume, majority in the Legislature of the State, and a convention in any way, an invidious character. When the gentleman was called, under the provision of the State constitution from South Carolina threw out the suggestion that the authorizing its amendment. The convention met, and bill was invidious, he certainly did not intend to impute to passed what is called the ordinance, establishing new and the committee a design to give it such a character. So fundamental principles. Without repeating it, he would far from being invidious, the bill was made general and call the attention of the Senate to some few of its provisweeping, in its terms and application, for the reason that sions. It overthrew the whole revenue system. It was this course was thought to be more delicate in regard to the State concerned. The provisions of the bill were made general, for the purpose of enforcing every where the collection laws of the Union. The bill presents three very important and momentous considerations: Is there any thing in the circumstances of the country calling for legislation on the subject of the revenue laws? Is the due administration of those laws threatened with impediments? and is this bill suited to such an emergency? He proposed to consider those points, but in a desultory manner. He never shrunk from any moral or political responsibility, but he had no disposition (to use the words of the Senator from North Carolina) to "drum on public sensibility." Neither he nor the State which he represented had any influence in bringing up these questions, but he was prepared to meet the crisis by his vote. not limited to the acts of 1828 or 1832, but ended with It is time (continued Mr. W.) that the principles on which the Union depends were discussed. It is time that Congress expressed an opinion upon them. It is time that the people should bring their judgment to bear on this subject, and settle it forever. The authority of [Mr POINDEXTER here remarked, that he said that any Congress and of the people must settle this question one new tariff law, even if more oppressive than the law of day or other. There were many enlightened men in the 1832 were passed, the ordinance would not apply to it.] country, men whose integrity and patriotism nobody If the terms of the ordinance are considered, (continued doubts, who had arrived at opinions in this matter very Mr. W.) there is no possible mode of arresting it; so sure different from his own. The Senator from South Carolina as time rolls on, and four days pass over our heads, the knows (said Mr. W.) the respect in which I hold him; but ordinance, and the laws emanating from it, will lead to I am unwilling to take his judgment on this question as the employment of physical force, by the citizens of the guide of mine; and I will not agree that the Union South Carolina, against the enforcement of the revenue depends on the principles which he has advanced. He laws. Although many of the most influential citizens of has offered a document as a plea in bar; if it be established, then a bar is interposed between the powers of the Government and the acts of South Carolina. Carolina protested against the idea that any but moral force would be resorted to, yet the excitement and determined spirit of the people would, in his opinion, lead The bill is of great importance, not on account of its speedily to the employment of physical force. He did particular provisions, but of their application to a rapidly not doubt that the Senator from South Carolina abhorred approaching crisis, which they were intended to meet. the idea of force; no doubt his excellent heart would That crisis was in the control of this body, not of any bleed at the scene which it would produce; but he would branch of the Government. He would ask the Senator refer to a passage in the ordinance to prove that it was from Mississippi [Mr. POINDEXTER] what authority he the intention of its framers to resort to force. Mr. W. had to say that the passage of any bill reducing the tariff here read the third paragraph of the ordinance. would avert the enforcement of the ordinance of South "And it is further ordained, that it shall not be lawful Carolina? He was unwilling to consider that Senator as for any of the constituted authorities, whether of this the representative of the unlimited authority and sove-State or of the United States, to enforce the payment of reignty claimed by the State of South Carolina. He would duties imposed by the said acts within the limits of this now present to the Senate a view of the position in which State; but it shall be the duty of the Legislature to adopt South Carolina had placed herself, in order to justify the such measures and pass such acts as may be necessary to committee in reporting the bill under consideration. It give full effect to this ordinance, and to prevent the enwas not, sir, for the purpose of establishing a military des-forcement and arrest the operation of the said acts and potism, nor of creating an armed dictator, nor of sending parts of acts of the Congress of the United States within into South Carolina military bands to "cut the throats of the limits of this State, from and after the 1st of Febwomen and children," that the committee framed the bill.ruary next; and the duty of all other constituted authoriIf any thing can ever establish a military despotism in this ties, and of persons residing or being within the limits of country, it is the anarchy and confusion which the princi- this State, and they are hereby required and enjoined, to ples contended for by the Senator from South Carolina obey and give effect to this ordinance, and such acts and will produce. If we keep together, not "ten years,' measures of the Legislature as may be passed or adopted nor tens of thousands of years, will ever bring the country in obedience thereto." under the dominion of military despotism. But adopt the Does the shadow follow the sun? Even so surely will JAN. 28, 1833.] Revenue Collection Bill. [SENATE. force follow the attempt to disobey the laws of South Ca- than those of the feudal system, so far as they apply to rolina. In the last paragraph of the ordinance is this the citizens of Carolina. But with its operations on their passage: own citizens, he had nothing to do. Resistance was "Determined to support this ordinance at every haz- just as inevitable as the arrival of the day on the calendar. ard,”—and this declaration is made by a courageous and In addition to these documents, what did rumor say-chivalrous people--"we do further declare that we will rumor, which often falsifies, but sometimes utters truth. not submit to the application of force, on the part of the If we judge by newspaper and other reports, more men Federal Government, to reduce this State to obedience." were now ready to take up arms in Carolina than there This attempt, said Mr. W. is not made by this bill, or by were during the revolutionary struggle. The whole any one. But that we will consider the passage, by State was at this moment in arms, and its citizens are Congress, of any act authorizing the employment of a mi- ready to be embattled the moment any attempt was made litary or naval force against the State of South Carolina, to enforce the revenue laws. The city of Charleston wore her constituted authorities or citizens, or any act abolish-the appearance of a military depot. As a further proof of ing or closing the ports of this State, or any of them, or the necessity of this bill, he would read a printed paper, otherwise obstructing the free ingress and egress of ves- which might pass for what it was worth. sels to and from the said ports, or any other act on the part of the Federal Government to coerce the State, shut up her ports, destroy or harrass her commerce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union." Force must inevitably be used in case any attempt is made by the Federal Government to enforce the acts which have been declared null and void. The ordinance clearly establishes nullification as the law of the land. (Mr. MILLER: Will the Senator read a little further?] Mr. W. finished the paragraph, as follows: "And that the people of this State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connexion with the people of the other States, and will forthwith proceed to organize a separate Government, and do all other acts and things which sovereign and independent States may of right do." They stop with nullification; but one step further on the part of the Government brings down secession and revolution. Mr. Mr. CALHOUN. What paper is it? Has it a signature? (Circular.) "CHARLESTON, January, 1833. "SIR:--You will, on receiving this letter, immediately take the proper measures for the purpose of ascertaining at what points depots of provisions, say of corn, fodder, and bacon, can be established on the main roads leading through your district, at suitable stations, say from thirty to forty miles apart. Looking to the event of a possible call for troops of every description, and especially of mounted men, in a sudden emergency, you will ascertain the routes by which they could most conveniently pass through your respective districts, and the proper points at which they may put up after the usual day's march. Having settled this, the next point will be to inquire whether there are any persons at or near those points, who would undertake, on terms to be stipulated, to furnish corn, fodder, and meat, in what quantities, and at what notice? It is desirable that this arrangement should be effected, so as to enable us to command an adequate supply in the event of its being wanted, without actually making purchases at present. If this be impracticable, however, you must then see on what terms purchases can be effected, where, and on what manner the articles can Mr. WILKINS-How can the ordinance refer to any be deposited and taken care of? I will here give you a laws of the United States, when they are excluded from general outline of my scheme. I will suppose three great any operation within the limits of the State? Why do routes to be marked out from the mountains towards the the laws and ordinance of South Carolina shut out the sea: one leading from Laurenceville, through Newberry, United States' courts from appellate jurisdiction? Why to Columbia; another from Yorkville and Union, by Winsdo they shut the doors of the State courts against any in- boro' and Chesterville, to Columbia; and the third from quisition from the United States' courts? They intend Pendleton, through Abbeville and Edgefield, Burnwell, that there shall be no jurisdiction over this subject, ex- and Colleton, to Charleston. Along these routes depots cept through their own courts. They cut off the federal would have to be established at intervals of thirty or judiciary from all authority in that State, and bring back forty miles, besides separate depots at Camden and some the state of things which existed prior to the formation of other places. From Columbia these stations would be the federal constitution. Mr CALHOUN-It is not intended to use any force, except against force. We shall not stop the proceedings of the United States' courts, but maintain the authority of our own judiciary. necessary along the State road to Charleston. But one Here nullification is disclaimed, on one hand, unless other route would then, perhaps, be necessary to be we abolish our revenue system. We consenting to do provided for, beginning at Darlington Court-house,and this, they remain quiet. But if we go a hair's breadth to- ending at Georgetown; one station to be at Kingstree, wards enforcing that system, they present secession. We and another at Lynche's Creek. From all other places have secession on one hand, and nullification on the other. some one of these stations might be struck. I present The Senator from South Carolina admitted the other day this imperfect outline merely to give you some idea of that no such thing as constitutional secession could exist. my general scheme. Your particular attention will, of Then civil war, disunion, and anarchy must accompany course, be directed to your own district; and, if you find it secession. No one denies the right of revolution. That necessary, you may call in my aids from the adjoining disis a natural, indefeasible, inherent right--a right which tricts, and such staff officers as you may think proper, we have exercised and held out, by our example, to the and consult with them as to the best method of connectcivilized world. Who denies it? Then we have revolu- ing the districts by some general plan, and favor me with tion by force, not constitutional secession. That violence the result. must come by secession is certain. Another law passed "Another object to which I would call your early and by the Legislature of South Carolina, is entitled A bill to particular attention, is the state of the arms, public and provide for the safety of the people of South Carolina. It private, in the hands of the men. Great numbers have advises them to put on their armor. It puts them in been issued from time to time, especially within a few military array; and for what purpose but for the use of years past. I wish to know how many of them may be force? The provisions of these laws are infinitely worse relied on in the event of actual service. For this purpose, SENATE.] Revenue Collection Bill. [JAN. 28, 1833. it must be ascertained, from actual inspection or otherwise, system; by the admission of the whole list of protected how many men in each company have muskets, rifles, articles free of all duty, and raising the whole revenue or other arms fit for use; and any unfit for use must be derived from duties on imports exclusively from the repaired. The latter must be collected together and re- unprotected articles. The consequence of the adoption paired, if it can be effected in your neighborhood; and, of this policy would be most fatal and disastrous to the if not, they must be boxed up and sent to Charleston; industry of the Northern States. It would put the labor. when, after being repaired at the public expense, they ing classes of Pennsylvania on a footing with the paupers will be returned to the companies to which they may of the old world. It would prostrate at once and forever belong. To execute the arduous, responsible, and dif- the policy which Pennsylvania had long cherished, which ficult duties imposed by this order, you are authorized South Carolina had united with her in establishing and to call to your assistance all the officers of the staff within maintaining, and under which she was prosperous and your district; and, if further assistance is wanted, addi-happy. The admirable speech made by the Senator from tional officers will be appointed. The travelling ex- South Carolina, in 1816, in favor of the protective policy, penses of yourself, and such officers as you may employ was engraved on the hearts of the people of Pennsylvania. in this business, will be paid. You will issue the neces- In the dwellings of the farmer, the mechanic, and the sary orders in my name, countersigned by yourself as manufacturer, it hung upon the wall, by the side of aid-de-camp, to all officers within your district, urging Washington's Farewell Address. He well remembered them to do whatever you may find necessary to the that speech, for it had a powerful influence on his own prompt and effectual execution of this order. You will, mind in relation to the policy of the protective system. when convenient, call upon the brigadier or major generals, within your district, for their co-operation and assistance, and, generally, adopt all proper measures for the accomplishment of the important objects which I have in view, which may be stated in a few words to be, to Mr. WILKINS-I shall be happy to witness the exhisecure the means of subsistence, so as to be enabled to bition of the Senator's ingenuity in explaining the speech bring troops to any given point in the shortest possible in such a manner as to make it accord with his present time-to ascertain the state of the arms now in the hands views. I should not have alluded to it, had not the Sen. of the men--and to have those unfit for use put in com- ator remarked upon the bill from our committee as a bill plete order. If any other means occur to you of accom- "of abominations." plishing, in the promptest manner, these vitally important objects, you will be so good as to suggest them. "I am, very respectfully, &c. [Mr. CALHOUN here said, I thank the gentleman for alluding to that speech. It has been much and very often misrepresented, and I shall take an early opportunity to explain it.] Mr. CALHOUN-It requires no apology. Mr. WILKINS proceeded to state the considerations which rendered a compliance with the terms proposed by South Carolina improbable, if not impossible. For his "N. B. I annex the form of three orders, which you own part, he was free to say that he could not bring his may find it necessary to extend, to enable you to accom-mind to assent to so destructive a measure. He spoke plish the objects we have in view. You may modify them only for himself. What were the views of others of this as you think proper, and then have copies served on each body on this subject he did not know, for he was not in of the officers, who may be required to execute them the habit of making inquiries as to the opinions of others within your district. They are not to be published in on such topics. Much as he loved the Union-much as he the papers. Copies of all such orders as you may issue deprecated any collision between the State and Federal must be sent to me." Governments-much as he was disposed to respect the Adverting to another circumstance, as tending to show opinions and wishes of a sister State-he would not himself the excitement prevailing in South Carolina against the assent to a total destruction even of incidental protection General Government, Mr. W. said, that in every part of the to our domestic industry. He would, however, go far, State, the blue cockade, with the Palmetto button, was very far, even to the sacrifice of much of that protection generally worn. That bit of ribbon, and the button, were which we claim as just and necessary; but to the point no trifling sign of the military spirit prevalent among the proposed by South Carolina as her ultimatum, he could people. not go. It seemed to him, indeed, from all these facts, known to us, officially and by rumor, that it was impossible to avoid a collision with South Carolina, while her ordinance remained in force; and that those gentlemen who represented that the passage of any bill by us would defeat the ordinance, and prevent a collision, had mistaken the sense of the ordinance, and the intention of the people of South Carolina. He did not believe that there was any probability of the assent, on the part of Congress, to the first proposition of South Carolina. There was but one other proposition made by South Carolina for the adjustment of this controversy, and that was even less hopeful than the former. It was by the call of a general convention of the States, and the submission to them of an ultimate arbitrament on the disputed powers. Mr. W. was of the opinion that the [Mr. MILLER here interposed, and said he had not division of the State representation assembled in convenexpressed the opinion that nullification would be aban- tion on the matters in controversy would not differ from doned upon the passage of a bill of any character in refer- the judgment of the representatives assembled in Conence to the tariff. If Congress passed a bill altering the gress. He did not think it at all probable that the contariff acts of 1828 and 1832, he was of opinion that such vention would either alter the constitution in respect to act would set aside the ordinance, which was specific in the powers of the Government over the subject of revenue, its application to the tariff acts of 1828 and 1832. Even or that the protective laws would be pronounced by them if a bill more oppressive than the existing acts should unconstitutional, and null and void. But it was not at all pass, the ordinance now existing would thereby be de- probable that two-thirds of Congress and three-fourths of feated, and South Carolina would be under the necessity the States would agree to the call of a general convenof assembling another convention, and passing another tion. The people were averse to any change in the ordinance.] constitution, and were of opinion that it could not be Mr. WILKINS found, he said, that he was not far from amended for the better. For his own part, it was his right. What prospect, then, was there of an abandon- | earnest hope, and confident belief, that no change would ment, by South Carolina, of her present position? She ever be made in the terms of our admirable compact. offers us but two modes of adjusting the matter in dispute. Here Mr. W. yielded to a motion for adjournment, and The first is by the total abandonment of the protective the Senate adjourned. |