mous vote of both branches of the General Court. In certain quarters of high respectability, where the resolves have been brought under discussion, it has been intimated that they favor the doctrine of nullification, because they express the sentiment that the Legislature is not bound, silently, to acquiesce in measures considered by them as subversive of the spirit of the Constitution; and this in the way of instruction to the delegation of the Commonwealth in Congress, for the purpose of preventing the adoption of these measures. The difference between a proceeding of this kind, and an attempt to annul and prevent the execution of existing laws, is too obvious to be overlooked. That the General Government may adopt an unconstitutional measure, is of course possible; and no one can doubt that any portion of the people have a right, in an orderly and peaceable manner, to express their opinion upon the character of any of the measures of the General Government. But when this is done in advance, for the purpose not of denouncing an existing law, but of preventing a threatened mischief, it is not easy to see how the most fastidious judge can find any thing at which to take offence. But were it even true, that the Legislature of this Commonwealth had expressed the intention of forcibly resisting the execution of an unconstitutional law, it would not therefore follow, that they had countenanced the doctrine of nullification. The right of forcible resistance to the laws, in cases of extreme oppression, is undisputed. If such a case should ever occur, Massachusetts will openly take her stand upon that undisputed and indefeasible natural right. Nullification undertakes to reconcile resistance with submission; to obey and break the law at one and the same time. It must be justified, if at all, on principles entirely different from those which justify the natural right of resistance, and on principles which have never been professed, countenanced or practised upon by the government or people of this Commonwealth. All which is respectfully submitted. For the commitee, A. H. EVERETT. RESOLVES In relation to the proceedings of the Convention of South Carolina. WHEREAS, The People of South Carolina, assembled by their Delegates in Convention, have recently passed an act, denominated an Ordinance, purporting to annul certain acts of the Government of the United States, and to arrest their execution within the limits of that State, and have transmitted a copy of the same to His Excellency the Governor, with an accompany address to the peo ple of this Commonwealth, setting forth the reasons by which they justify this extraordinary measure; and WHEREAS, It is important that the opinion of the General Court of this Commonwealth should be publicly and distinctly expressed upon those proceedings, in order that their silence may not be construed into acquiescence in the propriety of the same, or approbation of the reasons alleged in justification of them: therefore, Resolved, by the Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: That the Constitution of the United States of America is a solemn SOCIAL COMPACT, by which the people of the said States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty for themselves and their posterity, formed themselves into one body politic, under a common Government: that this Constitution, and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the same, are the supreme law of the land, any thing in the Constitution or laws of any State to the contrary notwithstanding: and that no citizen, State, or other member of the body politic has a right in any shape, or under any pretext, to annul or prevent the execution of the said Constitution, laws or treaties, or any of them, excepting in such extreme cases as justify a violent resistance to the laws on the principle of the natural and indefeasable prerogative of self-defence against intolerable op pression. Resolved, That the right claimed by the Convention of South Carolina for that State, of annulling any law of the United States which it may deem unconstitutional, is unauthorized by the letter or spirit of the Constitution-not supported by any contemporaneous exposition of that instrument, or by the practice under it: inconsistent with the nature of political society, and tending, in practice, to the subversion of public tranquillity, and the complete overthrow of the Government. Resolved, That the President of the United States is empowered, and in duty bound by the express provisions of the Constitution, and by his oath of office, to take care that the laws are faithfully executed: that when attempts are made to disturb by force the execution of the laws, it is the duty of the President to employ the means which are placed at his disposal by the Constitution and laws for the purpose of defeating them: that the Proclamation of the 10th of December last is a judicious, well timed and salutary measure, well calculated to prevent the necessity of recurring to others of a different character: that we approve the determination therein expressed by the President, to enforce the laws, and that we are prepared to support him and the other constituted authorities of the Union, in all the necessary, suitable, constitutional and legal measures, which they may be called upon to adopt for that purpose. Resolved, That while we find ourselves compelled to express an unfavorable opinion of the recent proceedings of South Carolina, we entertain no sentiments of unkindness towards our fellow citizens of that State: that we look back with pride and satisfaction to the brilliant services rendered by South Carolina in the struggle for Independence, and have ever regarded her as among the most distinguished members of the Union: that we deeply regret that measures adopted in good faith, and in a strictly constitutional form, by the constituted authorities of the country, should have been considered by the people of that State as intended to build up another section of the Union at their expense: that we are, and always have been, ready and desirous to listen in a sincere spirit of conciliation, to any propositions for changing, in a constitutional and legal manner, any part of the existing legislation, and to give them all the attention to which they are fairly entitled: and that we earnestly entreat our brethren and fellow citizens of South Carolina, to desist from the irregular, violent and unconstitutional attempts to obtain redress for their supposed grievances, in which they are now engaged, the result of which, if further pursued, can only be to create collision between the General and State Governments, endanger the public tranquillity, and seriously compromise the safety of the persons immediately concerned in them. Resolved, That His Excellency the Governor be requested to transmit a copy of these Resolves and of the Report preceding them, to the President of the United States, the Governors of all the States, and to each of the Senators and Representatives of this Commonwealth in Congress. SIR, RESOLUTIONS Of the State of Mississippi. EXECUTIVE OFFICE, MISSISSIPPI, The Resolutions which I have the honor herewith to enclose, are forwarded in compliance with a requisition made on me by the Legislature of this State, with a request that your Excellency will lay them before the Legislature of the State over which you preside. I have the honor to be, with much respect, Your Excellency's ob't serv't, To his Excellency WILLIAM L. MARCY, A. M. SCOTT. Governor of the State of New-York. The select committee to which was referred "so much of the Governor's Message as relates to the Resolutions from the States of Louisiana, Maine, New-Hampshire and Pennsylvania, with the accompanying documents," beg leave to REPORT: That they have had them under consideration, and would recommend, in regard to the resolution first named, the adoption of the following resolution: * In relation to the Resolutions from the States of Maine, NewHampshire and Pennsylvania, and that portion of the Message which points to their consideration, your committee would express the belief that the sentiments of a majority of the people of this State, in regard to the subjects to which they relate, are in accordance with those expressed by the General Assembly in the the year 1829, declaring the tariff law of 1828, so far as it contemplated a system of protection, carried beyond the manufacture of such articles as are necessary to the national defence, to be "contrary to the spirit of the Constitution of the United States, impolitic and oppressive in its operation on the Southern States, and should be resisted by all constitutional means." But fearful lest false inferences should be drawn from this expression of public opinion-inferences, calculated to induce a belief that this State is [Assem. No. 259.] 3 prepared to advocate and uphold the disorganizing doctrines recently promulgated in South Carolina, your committee deem it their duty to speak plainly, and to undeceive their sister States in this respect. We are opposed to nullification. We regard it as a heresy, fatal to the existence of the Union. "It is resistance to law by force-it is disunion by force-it is civil war." Your committee are constrained to express the opinion, that the State of South Carolina has acted with a reckless precipitancy, (originating, we would willingly believe, in delusion,) well calculated to detract from her former high character for wisdom in council, purity of patriotism, and a solicitous regard for the preservation of those fundamental principles on which alone rest the peace, the prosperity and permanency of the Union. Your committee deeply deplore the alarming crisis in our national affairs: they regret it the more as proceeding from the unwarrantable attitude assumed by a sister of the South, whose best interests are identified with our own. In the spirit of brethren of the same family, we would invoke them to pause-to harken attentively to the paternal, yet ominous warning of the Executive of the Union. We would conjure them to await patiently the gradual progress of public opinion, and to rely with patriotic confidence on the ultimate decision of the talented statesmen and pure patriots in the Congress of the United States. But they would also loudly proclaim, that this State owes a duty to the Union, above all minor considerations. That she prizes that Union less than liberty alone. That we heartily accord in the general political sentiments of the President of the United States, as expressed in his recent proclamation; and that we stand firmly resolved, at whatever sacrifice of feeling, in all events, and at every hazard, to sustain him in enforcing the paramount laws of the land, and preserving the integrity of the Union-that Union, whose value we will never stop to calculateholding it, as our fathers held it, precious above all price. Your committee would therefore recommend the adoption of the following resolutions: Be it resolved by the Legislature of the State of Mississippi, That, in the language of the father of his country, we will "indignantly frown upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the ties which link together its various parts." 2. Resolved, That the doctrine of Nullification is contrary to the letter and spirit of the Constitution, and in direct conflict with the welfare, safety and independence of every State in the Union; and to no one of them would its consequences be more deeply disastrous, more ruinous, than to the State of Mississippi-that State in which are concentrated our dearest interests-around which cling our most tender ties--the fair land of our nativity or adoption-the haven of our hopes, the home of our hearts. 3. Resolved, That we will, with heart and hand, sustain the President of the United States in the full exercise of his legitimate powers, to restore peace and harmony to our distracted country, |