monstrance apparently produced no effect. Pursuant to a resolution of the legislature, Gov. Hayne, on the 20th December, 1832, issued a counter proclamation, warning the citizens of that state against the attempt of the president to seduce them from their allegiance, and exhorting them, in disregard of his threats, to be prepared to sustain the state against the arbitrary measures of the president. The state was now formally arrayed against the federal government, and it was with too much reason apprehended, that an unhappy accident might, at any moment, precipitate the country into the horrors of a civil war. The nullifiers, however, hesitated to take any decisive step which should compel the federal government to exert its power, and without disclaiming their right to annul the laws of congress, they now professed a willingness to wait until the end of the session for relief from that body. The vice president (John C. Calhoun) resigned his office on the 28th of December, and was elected a senator of the United States senate, in the place of Gov. Hayne, obviously with the view of enforcing and maintaining the principles promulgated by South Carolina, with his powerful talents; and the deliberations of congress upon the important questions before it, were expected with the most anxious solicitude by the whole country. the persident in his message, were reiterated more at length in the annual report of the secretary of the treasury. That officer again urged upon congress a reduction of duties to the revenue standard, and declared that "there was not the same necessity for high protecting duties, as that which was consulted in our past legislation." It was now distinctly forseen that the final contest, relating to a protecting tariff, was about to be decided. The administration had, in various ways, manifested its hostility to the system, and the late triumph at the elections, it was supposed, would embolden the president to take still stronger measures to overthrow a policy which was originated in a great measure, by an obnoxious rival. The country believed that the question would now be finally adjusted, and all parties prepared to act upon it, as the great question of the session. Upon distributing the various subjects recommended to the consideration of congress, this was referred to the committee of ways and means. Here the whole protecting tariff was remodelled, and on the 27th of December, a bill was reported, which was understood to embody the views of the administration. In the senate, the tariff was made an object of attention, at the very commencement of the session. On the 13th of December, Mr. Smith, the chairman of the committee of finance, presentThe opinions expressed by ed a resolution, calling on the secretary of the treasury for a projet of a bill, in conformity with his suggestions. After some debate as to the propriety of calling on a branch of the executive department for an opinion, instead of facts or information, the resolution was adopted: ayes 16, nays 11. The bill reported in the house, proposed a diminution of the duties on all the protected articles, to take effect immediately, and a further diminution on the 2d of March, 1834. The permanent duties, after that day, were to be as follows:On woollen goods, an average duty of 15 per cent., except -on cloths, kerseymeres, flannels, Spirits, 1st proof, from grain, 20 cts. per gall. from other materials, 18 cts. per gall. side, it was contended that the diminution was too great; that in renewing the duties on tea and coffee, to supply the deficiency in the revenue, occasioned by the reduction of the duties on woollens, cottons, and iron, an additional injury was inflicted upon the manufacturer, without any corresponding benefit conferred upon the consuming classes; and that by suddenly bringing down the duties to the minimum point, the government would violate its faith with those who had been induced to embark in manufacturing, by the adoption of what was declared to be the settled policy of the country, and who would be ruined by a sudden and unexpected withdrawal of the protection of high duties. The bill of last session, which was framed with the view of settling the question, had not yet been fairly tested, and it was insisted, that such a vacillating course on the part of the government, was positive injustice to those who had vested their capital under the existing laws. This discussion, which commenced on the 8th of January, was continued in the ordinary manner, the advocates and opponents delivering prepared speeches, each occupying a day, until the 16th of January, when new interest was imparted to the subject by a message to congress from the president, communicating the South Carolina ordinance and nullifying laws, together with his own views as to what should be done under the existing state of affairs. After stating the character of the South Carolina proceedings, and the necessary result of a conflict between the state and the federal officers, the message informed congress, that instructions had been given to the collector at Charleston to remove, if expedient, the custom house to castle Pinckney, in that harbour, and to take all the steps necessary to secure the duties on all goods imported into that port. All measures tending to create excitement were prohibited, but the enforcement of the laws was strongly enjoined. Orders had also been issued to the military and naval officers at that post, to protect the public property, and to defend the posts in that quarter; but in all other matters, to act in obedience to the legal requisitions of the civil officers. The president thought, however, that the laws just passed by the state government, rendered some steps necessary on the part of congress. The state courts were not permitted to administer the laws according to their oath under the constitution, but were sworn to disregard the laws of the Union, and to enforce only those of S. Carolina. It was, therefore, necessary to make provision to secure a fair decision before a tribunal not previously bound to decide in a particular manner. The authority conferred on the sheriff to call upon the posse comitatus to execute the writ of replevin, would also prevent the decisions of the federal courts from being carried into effect against those of the state courts. He, therefore, recommended that laws should be passed, providing that whenever, by any unlawful combination, it should become impracticable faithfully to collect the duties in any port, the president should be authorized to abolish such ports of entry as should be necessary, and to establish the custom house at some secure place within the state, where the collector should detain all vessels and cargoes, until the duties were properly secured or paid. That in such cases, it should be unlawful to take the vessel or cargo from the custody of the custom house officer, except by process from the federal courts, and that in case of an attempt to take the property by a force too great to be overcome by the revenue officers, it should be lawful to protect their possession by the naval and military forces of the United States, and by the militia. In order to protect those acting in the line of their duty from unconstitutional prosecutions in the state courts, it was further recommended, that an act should be adopted, providing for the removal into the federal courts of all suits brought against any persons for acts done under the laws of the United States, and that this removal might be made upon petition, without any return of the record. Provision was also recommended to be made for redress in the federal courts, of any injuries committed under the ordinance, and where the execution of the laws of the United States were prevented by the actual employment of military force, to empower the president to take the proper steps to carry them into effect. This message now presented the whole subject to the consideration of congress. Upon its being read in the senate, Mr. Calhoun rose, and repelled, in the most earnest manner, the imputation of any hostile feeling or intentions against the Union, on the part of South Carolina. The state authorities, he asserted, had looked only to a judicial decision upon the question, until the concentration of the U. States troops at Charleston and Augusta had compelled them to make provision to defend themselves against aggression. Being apprized of these facts and the military preparation to coerce her, she resorted to the measures to which the message refers;-not with a view, on her part, to change the issue from the civil process, but simply to repel any unconstitutional or lawless attempt by force, on the part of the executive. The president also assigns, he continued, as another reason for his inference that force was meditated, that no attempt had been made at redress before the courts of the United States. Here, again Mr. Calhoun said, he must express his regret that the president has not stated all the facts. He could not be ignorant that the question, whether the laws annulled by the state were constitutional or not, could not be decided by the court. The laws, upon their face, purport to be revenue laws; and it was not impossible, according to the forms of judicial proceedings, that the question whether they were in reality intended for revenue or protection, could be presented for decision, however clear the fact that protection and revenue was intended. But facts do not hold out the president in his assertion, that no resort was had to the court to try the question of constitutionality. A spirited individual (Mr. Holmes) actually made an importation, with the express view of testing that question before the courts of the United States, and the result was as might be anticipated, that the court refused to take cognizance of the question of constitutionality. In this connexion, there is another important fact that has immediate bearing on the point which the president ought, in justice, to have stated, before he undertook to impute the motives which he has, to the high-minded and gallant state, which Mr. C. had the honour to represent. It would be remembered by all, that when the bill of abomination, as it was justly called by the senator from Massachusetts, (for a bill of abomination it has proved, by bringing us to the very brink of civil war and dissolution,) was before the other house, that a delegate from the state of South Carolina moved to amend the title of the bill, so as to present its protective character, with the express view of trying the question of its constitutionality. The motion failed-it was voted down by the tariff majority-and thus the state was deprived of the oppor tunity of testing the question before that very tribunal, which the president now tauntingly charges it with not having re sorted to. Mr. C. said, that he could not but remark that there seemed now to be an extraordinary change within the last year, in reference to the powers of the court. He cer tainly inferred, from documents laid before congress, that the president did not consider the supreme court as the tribunal of the last resort, in a controversy between a state and the general government, where a neigbouring state was concerned. "South Carolina and Georgia are divided by Savannah river. Was he to understand, that one rule of construction was to prevail on the east, another on the west side of that stream; or that the opinion of the president had undergone an entire change in so short a time? If so, he might allow, on the same subject, some latitude of opinion to others. Another reason had also been assigned by the president for inculpating the motives of the state; that the state of South Carolina had not applied for an amendment to the constitution in the manner prescribed by it. It is a sufficient answer, to say that she has made the application; but it is said, she ought to have applied before she declared the acts in question unconstitutional. The answer to this objection was decisive. It was perfectly hopeless; she was in a fixed minority; the consti |