SENATE.] Revenue Collection Bill. [FEB. 16, 1833. wards the conclusion of the convention, after the provi- and as an object necessary to be attended to, is Mr. Fitz sions of the constitution had been mainly agreed upon, simons, of Pennsylvania; the second, Mr White, of Virafter the power to lay duties and the power to regulate ginia; the third, Mr. Tucker, of South Carolina. commerce had both been granted, a long list of proposi- But the great leader, sir, on this occasion, was Mr. tions was made, and referred to the committee, contain-Madison. Was he likely to know the intentions of the "The States," says he, "that are most advanced in population, and ripe for manufactures, ought to have their particular interests attended to, in some degree. While these States retained the power of making regulations of trade, they had the power to cherish such institutions. By adopting the present constitution, they have thrown the exercise of this power into other hands; they must have done this with an expectation that those interests would not be neglected here." ing various miscellaneous powers, some, or all of which, convention and the people? Was he likely to understand it was thought, might be properly vested in Congress. the constitution? Among these, was a power to establish a university; to At the second sitting of the committee Mr. Madison grant charters of incorporation; to regulate stage-coaches explained his own opinions of the duty of Congress fully on the post-roads; and also the power to which the gen- and explicitly. I must not detain you, sir, with more than tleman refers, and which is expressed in these words: a few short extracts from these opinions, but they are "To establish public institutions, rewards, and immuni- such as are clear, intelligible, and decisive. ties, for the promotion of agriculture, commerce, trades, and manufactures." The committee made no report on this or various other propositions in the same list. But the only inference from this omission is, that neither the committee nor the convention thought it proper to authorize Congress "to establish public institutions, rewards, and immunities" for the promotion of manufactures and other interests. The convention supposed it had done enough, (at any rate it had done all it intended,) when it had given to Congress, in general terms, the power to lay imposts and the power to regulate trade. It is not to be argued, from its omission to give more, that it meant to take back what it had already given. It had given the impost power; it had given the regulation of trade; and it did not deem it necessary to give the further and distinct power of establishing public institutions. In another report of the same speech, Mr. Madison is represented as using still stronger language; as saying that the constitution having taken this power away from the States, and conferred it on Congress, it would be a fraud on the States and on the people were Congress to refuse to exercise it. Mr. Madison argues, sir, on this early and interesting occasion, very justly and liberally in favor of the general principles of unrestricted commerce. But he argues also, with equal force and clearness, for certain important exceptions to these general principles. The other fact, sir, on which the gentleman relies, is the declaration of Mr. Martin to the Legislature of Maryland. The gentleman supposes Mr. Martin to have urged against the constitution that it did not contain the power of protection. But, if the gentleman will look again at The first, sir, respects those manufactures which had what Mr. Martin said, he will find, I think, that what Mr. been brought forward under encouragement by the State Martin complained of was, that the constitution, by its Governments. "It would be cruel," says Mr. Madison, prohibitions on the States, had taken away from the States themselves the power of protecting their own manufactures by duties on imports. This is undoubtedly true; but I find no expression of Mr. Martin intimating that the constitution had not conferred on Congress the same power which it had thus taken from the States. But, sir, let us go to the first Congress; let us look in upon this and the other House, at the first session of their organization. We see in both Houses men distinguished among the friends, framers, and advocates of the constitution. We see in both those who had drawn, discussed, and matured the instrument in the convention, explained and defended it before the people, and were now elected members of Congress to put the new Government into motion, and to carry the powers of the constitution into beneficial exe cution. At the head of the Government was Washington himself, who had been president of the convention; and in his cabinet were others most thoroughly acquainted with the history of the constitution, and distinguished for the part taken in its discussion. If these persons were not acquainted with the meaning of the constitution, if they did not understand the work of their own hands, who can understand it, or who shall now interpret it to us? "to neglect them, and to divert their industry into other channels; for it is not possible for the hand of man to shift from one employment to another without being injured by the change.' Again: "There may be some manufactures which, being once formed, can advance towards perfection without any adventitious aid; while others, for want of the fostering hand of Government, will be unable to go on at all. Legislative provision, therefore, will be necessary to collect the proper objects for this purpose; and this will form another exception to my general principle.” And again: "The next exception that occurs is one on which great stress is laid by some well-informed men, and this with great plausibility; that each nation should have within itself the means of defence, independent of foreign supplies; that, in whatever relates to the operations of war, no State ought to depend upon precarious supplies from any part of the world. There may be some truth in this remark, and therefore it is proper for legislative attention." In the same debate, sir, Mr. Burke, from South Carolina, supported a duty on hemp, for the express purpose of encouraging its growth on the strong lands of South Carolina. "Cotton," he said, "was also in contemplation among them; and, if good seed could be procured, he hoped might succeed." Afterwards, sir, the cotton seed was obtained, its culture was protected, and it did succeed. Mr. Smith, a very distinguished member from the same Sir, the volume which records the proceedings and de- State, observed: "It has been said, and justly, that the bates of the first session of the House of Representatives States which adopted this constitution expected its adminlies before me. I open it, and I find, that, having provid-istration would be conducted with a favorable hand. The ed for the administration of the necessary oaths, the very manufacturing States wished the encouragement of manfirst measure proposed for consideration is the laying of ufactures; the maritime States the encouragement of shipimposts; and in the very first Committee of the Whole into building; and the agricultural States the encouragement which the House of Representatives ever resolved itself, on of agriculture." this its earliest subject, and in this its very first debate, the Sir, I will detain the Senate by reading no more extracts duty of so laying the imposts as to encourage manufac- from these debates. I have already shown a majority of tures was advanced, and enlarged upon by almost every the members from South Carolina, in this very first sesspeaker; and doubted or denied by none. The first gen- sion, acknowledging this power of protection, voting for tleman who suggests this as the clear duty of Congress, its exercise, and proposing its extension to their own pro FEB. 16, 1833.] Revenue Collection Bill. [SENATE. ducts. Similar propositions came from Virginia; and, in-true history of her proceedings on this point. He says deed, sir, in the whole debate, at whatever page you open that, after the passing of the law of 1828, despairing then the volume, you find the power admitted, and you find it of being able to abolish the system of protection, politiapplied to the protection of particular articles, or not ap-cal men went forth among the people, and set up the docplied, according to the discretion of Congress. No man trine that the system was unconstitutional. "And the denied the power-no man doubted it; the only questions people," says the honorable gentleman, "received the were, in regard to the several articles proposed to be tax-doctrine." This, I believe, is true, sir. The people did ed, whether they were fit subjects for protection, and then receive the doctrine; they had never entertained it what the amount of that protection ought to be? Will before. Down to that period, the constitutionality of these gentlemen, sir, 'now answer the argument drawn from those laws had been no more doubted in South Carolina than proceedings of the first Congress? Will they undertake elsewhere. And I suspect it is true, sir, and I deem it a to deny that that Congress did act on the avowed princi- great misfortune, that, to the present moment, a great ple of protection? Or, if they admit it, will they tell us portion of the people of the State have never yet seen how those who framed the constitution fell, thus early, in- more than one side of the argument. I believe that thouto this great mistake about its meaning? Will they tell us sands of honest men are involved in scenes now passing, how it should happen that they had so soon forgotten their led away by one-sided views of the question, and followown sentiments, and their own purposes? I confess I have ing their leaders by the impulses of an unlimited confidence. no answer to this argument, nor any respectable Depend upon it, sir, if we can avoid the shock of arms, a attempt to answer it. And, sir, how did this debate ter- day for reconsideration and reflection will come; truth minate? What law was passed? There it stands, sir, and reason will act with their accustomed force, and the among the statutes, the second law in the book. It has a public opinion of South Carolina will be restored to its preamble, and that preamble expressly recites that the usual constitutional and patriotic tone. duties which it imposes are laid "for the support of Gov- But, sir, I hold South Carolina to her ancient, her cool, ernment, for the discharge of the debts of the United her uninfluenced, her deliberate opinions. I hold her to States, and the encouragement and protection of manu- her own admissions, nay, to her own claims and preten factures." Until, sir, this early legislation, thus coeval with sions, in 1789, in the first Congress, and to her acknowthe constitution itself, thus full and explicit, can be explained ledgments and avowed sentiments through a long series away, no man can doubt of the meaning of that instrument. of succeeding years. I hold her to the principles on which Mr. President, this power of discrimination, thus admit- she led Congress to act in 1816; or, if she has changed ted, avowed, and practised upon, in the first revenue act, her own opinions, I claim some respect for those who still has never been denied or doubted until within a few years retain the same opinions. I say she is precluded from past. It was not at all doubted in 1816, when it became asserting that doctrines which she herself so long and necessary to adjust the revenue to a state of peace. On so ably sustained, are plain, palpable, and dangerous viothe contrary, the power was then exercised, not without lations of the constitution. seen opposition as to its expediency, but, as far as I remember, Mr. President, if the friends of nullification should be or have understood, without the slightest opposition found- able to propagate their opinions, and give them practical ed on any supposed want of constitutional authority. effect, they would, in my judgment, prove themselves the Certainly, South Carolina did not doubt it. The tariff most skilful "architects of ruin," the most effectual exof 1816 was introduced, carried through, and established, tinguishers of high-raised expectation, the greatest blastunder the lead of South Carolina. Even the minimum is ers of human hopes, which any age has produced. They of South Carolina origin. The honorable gentleman him- would stand up to proclaim, in tones which would pierce self supported, and ably supported, the tariff of 1816. the ears of half the human race, that the last great exHe has informed us, sir, that his speech on that occasion periment of representative government had failed. They was sudden and off-hand, he being called upon by the re- would send forth sounds, at the hearing of which the docquest of a friend. I am sure the gentleman so remem- trine of the divine right of kings would feel, even in its bers it, and that it was so; but there is, nevertheless, much grave, a returning sensation of vitality and resuscitation. method, arrangement, and clear exposition, in that ex- Millions of eyes, of those who now feed their inherent love tempore speech. It is very able, very, very much to the of liberty on the success of the American example, would point, and very decisive. And in another speech, deliver- turn away from beholding our dismemberment, and find ed two months earlier, on the proposition to repeal the in- no place on earth whereon to rest their gratified sight. ternal taxes, the honorable gentleman had touched the Amidst the incantations and orgies of nullification, secessame subject, and had declared that a certain encour- sion, disunion, and revolution, would be celebrated the fuagement ought to be extended, at least to our woollen and neral rites of constitutional and republican liberty. cotton manufactures." I do not quote these speeches, But, sir, if the Government do its duty; if it act with sir, for the purpose of showing that the honorable gen- firmness and with moderation, these opinions cannot pretleman has changed his opinion; my object is other, and vail. Be assured, sir, be assured, that, among the politihigher. I do it for the sake of saying that that cannot be cal sentiments of this people, the love of union is still upso plainly and palpably unconstitutional as to warrant re-permost. They will stand fast by the constitution, and by sistance to law, nullification, and revolution, which the those who defend it. I rely on no temporary expedientshonorable gentleman and his friends have heretofore on no political combination--but I rely on the true American agreed to, and acted upon, without doubt and without hesi- feeling, the genuine patriotism of the people, and the tation. Sir, it is no answer to say that the tariff of 1816 imperative decision of the public voice. Disorder and was a revenue bill. So are they all revenue bills. The confusion, indeed, may arise; scenes of commotion and point and the truth is, that the tariff of 1816, like the contest are threatened, and perhaps may come. With my rest, did discriminate; it did distinguish one article from whole heart, I pray for the continuance of the domestic another; it did lay duties for protection. Look to the peace and quiet of the country. I desire most ardently case of coarse cottons, under the minimum calculation; the restoration of affection and harmony to all its parts. I the duty on these was sixty to eighty per cent. Some desire that every citizen of the whole country may look to thing besides revenue certainly was intended by this; and, this Government with no other sentiments but those of in fact, the law cut up our whole commerce with India in grateful respect and attachment. But I cannot yield, even that article. It is, sir, only within a few years that Caro- to kind feelings, the cause of the constitution, the true lina has denied the constitutionality of these protective glory of the country, and the great trust which we hold in laws. The gentleman himself has narrated to us the our hands for succeeding ages. If the constitution can SENATE.] Printer to Congress. [FEB. 18, 1833. not be maintained without meeting these scenes of com the officers of the House should provide rotten pine, he motion and contest, however unwelcome, they must come. would not touch it. If they provided cartridge paper to We cannot, we must not, we dare not, omit to do that which, write on, which would not bear ink, he would not touch in our judgment, the safety of the Union requires. Not it. So, when a public printer was elected, whose prinregardless of consequences, we must yet meet conse- ciples he disapproved, his voice should be raised up quences; seeing the hazards which surround the discharge against him. He thought, therefore, that the election of public duty, it must yet be discharged. For myself, of public printer ought to be postponed until the next sir, I shun no responsibility justly devolving on me, here session. or elsewhere, in attempting to maintain the cause. I am Mr. CHAMBERS observed that the printer they should tied to it by indissoluble bands of affection and duty, and elect might happen to be a good administration man; I shall cheerfully partake in its fortunes and its fate. I might be very acceptable to the Senate, or the reverse. am ready to perform my own appropriate part whenever But all he had to say was, that the law of the land obliged and wherever the occasion may call on me, and to take my them now to proceed to the election of a printer, and this chance among those upon whom blows may fall first and had been the uniform practice of both Houses. fall thickest. I shall exert every faculty I possess in aiding to prevent the constitution from being nullified, destroyed, or impaired; and even should I see it fall, I will still, with a voice, feeble, perhaps, but earnest as ever issued from human lips, and with fidelity and zeal which nothing shall extinguish, call on the PEOPLE to come to its rescue. [Mr. WEBSTER not having concluded his speech at three o'clock, when the Senate adjourned for the daily recess, he resumed at five, and continued to speak till eight, P. M. The press of the immense concourse, of both sexes, which filled the galleries, the lobbies, and even the floor of the Senate chamber, during the evening sitting, was greater, if possible, than it was during the forenoon. At the conclusion of Mr. W.'s speech, there was a spontaneous burst of applause from the galleries.] Mr. POINDEXTER moved an adjournment; but the President ordered the galleries to be cleared, and would not receive the motion to adjourn until the order had been executed; when The Senate adjourned. MONDAY, FEBRUARY 18. PRINTER TO CONGRESS. Mr. FOOT referred to the journals, to show that there was an inconsistency between the former course of the Senator from Missouri and the present. Mr. HOLMES thought it was of little importance whether the opinions of the printer were in favor of the administration or against it; for it was difficult to understand what is the administration. If the principle contended for was to be adopted, and the next Congress should be against the administration, another change of printers would be rendered necessary. The House being in favor of the administration, and having chosen their printer, had, of course, chosen a printer favorable to the administration; and now it was proposed to undo what the House had done. He thought it very likely that the Senate would have some difficulty in persuading the House that the election by that body was not in accordance with law, and ought to be rescinded. Mr. BENTON said the joint resolution which he had offered was not now before the Senate, and he could not have an opportunity to go fully into his views. In the instance quoted by the Senator from Connecticut, he had acted on the same principle on which he now acted, and that was, to elect a printer favorable to the views of the administration. Mr. SPRAGUE thought that, instead of suffering party feelings to obtain extended influence, their weight ought On motion of Mr. CHAMBERS, the Senate took up the resolution appointing a day for the election of a pub-to be diminished in this body; and the Senate should not lic printer. Mr. CHAMBERS then modified the resolution, so as to read "Tuesday." openly countenance the doctrine, that a party character ought to be given to all their elections and measures. He thought the reason given by the Senator from Missouri, for altering the rule, was the strongest against its alteration. It was a rule adopted in better times, when there was less of party feeling and party excitement. He hoped that the usual course would not be departed from. political and party feelings of the cartman who carried the wood. The Senate might as well exact a political test from every man with whom a contract was made. Mr. BENTON then made an explanation of the reasons which had induced him to introduce the joint resolution on this subject. He had done this with a view to vindicate the right of every Congress to elect its own officers, not only in reference to the Speaker and other officers of Mr. EWING saw no great weight in the reason urged, the House, but also as regards public printers. He stated that a public printer must be elected for the purpose of that, for the first thirty years of this Government, there lauding the administration. He thought it would be about had been no public printer known; but that the public as proper to make contracts for fuel with reference to the printing was executed by contract, made with the Secretary of the Senate and Clerk of the House. In the year 1819 the first election of public printer was made, and thus the present system was introduced. This change was Mr. BENTON said he was not one of those hypocrites made for the convenience of the new Congress, and was who pretend to act without reference to political party. subsequently acquiesced in. So long as this arrangement He made no sermons, no homilies, against party action. has suited the convenience of Congress, and there has When the gentleman from Ohio expressed regret that he arisen no evil in consequence of an opposition in political (Mr. B.) should have put this question on a party footing, feeling, it was not interfered with. But now that politi- he (Mr. B) hoped that the gentleman would reserve his cal parties had risen to such a height, and that the office regrets for those who needed them. They were out of of public printer had grown so considerably in importance, place when addressed to him. He adverted to the influhe thought that a change should again take place. The ence which a paper patronized by Congress must exercise public printer received large sums from the public trea- in putting down an administration. sury, and was a confidential officer; and it was not to be justified that a public printer should be elected, who wielded a press intended to put down the existing administration. Assuming that the character of the next Congress would harmonize with that of the administration, he thought that the election of a printer now would be for the annoyance instead of the convenience of the next Congress. If, in providing fuel for the next Congress, Before Mr. B. had concluded, the hour of twelve having arrived, Mr. CHAMBERS moved to lay the special order on the table. Mr. WILKINS asked for the yeas and nays, which were taken, and stood as follows: YEAS. Messrs. Bibb, Calhoun, Chambers, Clayton, Foot, Holmes, Johnston, King, Knight, Mangum, Miller, act. [SENATE. Moore, Naudain, Poindexter, Robbins, Ruggles, Tyler, resulting from the act should fall at the expiration of the So the motion to lay on the table was negatived. REVENUE COLLECTION BILL. Mr. FORSYTH: That can be done hereafter. Mr. WILKINS said the committee were of the opinion that all the provisions, except the first and fifth sections, The Senate then proceeded to consider the bill to ought to be engrafted on our judiciary system. The case provide further for the collection of the duties on imports. of the refusal of a clerk of a State court to furnish a copy Mr. POINDEXTER, who was entitled to the floor, of the record had twice occurred, and had not been prorose and said he was compelled to decline any participa- vided for, except by this bill. tion in the debate at this time, on account of the state of Mr. MANGUM was in favor of the amendment. The his health. If the subject should be postponed, he hoped provisions, if found beneficial, could be re-enacted hereto be able at another time to address the Senate in rela-after. tion to it. Mr. KANE suggested a modification of the amendment, The CHAIR having stated the question to be "Shall so as to extend it to the limitation of all suits arising under this bill be ordered to be engrossed and read a third the act, which shall be pending at its expiration. time?" Mr. FORSYTH accepted the modification. He did not Mr. CALHOUN said he had not anticipated this ques- look at the propriety or impropriety of other provisions tion for this morning. When it was put, he hoped there of the bill, as a permanent and general measure. would be a full Senate. He moved the postponement of viewed them only as applicable to a particular state of the further consideration of the bill till to-morrow. things. He did not like the judicial provisions. They Mr. FORSYTH hoped the postponement would not were more objectionable than the military provisions, in take place, as the session was drawing to a close. He his opinion. had a desire to address the Senate on the question before He Mr. WEBSTER briefly noticed the effects of this it, but was not disposed to do it to-day. He had come amendment. The provisions of the bill, which it was now here this morning, expecting to hear the honorable proposed to limit, were the judicial processes intended Senator from Mississippi. He would suggest that, if no to counteract those of the State of South Carolina. The additional amendments were to be offered, the bill should provisions of that State were permanent in their characbe passed to a third reading, and discussed on its pas-ter; and if the provisions of this bill were to be limited, sage. after the expiration of that limit there would be no remedy Mr. CALHOUN: The third reading of a bill, as the in existence against the measures of the State. He was Senator knows, is the most trying question. Having a quite willing that the sections placing in the hands of the solemn conviction of the importance of the question, I Executive the military force should be limited to the terwish it to be taken in full Senate. Among the absentees mination of the next session; but the proceedings of the is the colleague of the Senator from Georgia, whose high courts, intended to countervail those of the courts of character in the United States, and great influence in his South Carolina, ought not to be limited, as the provisions own State, render it desirable that his vote should be given of South Carolina were unlimited. To limit these provion the question. sions to a single year, would be to defeat the object altoMr. SMITH said it was true that the principle of a bill gether, as there are certain proceedings to which they was tested on the third reading. If no further amend-refer which cannot arise within the year. The bill would ments were to be offered, then, on the third reading, the always be within the reach of Congress, to amend or reprinciple of the bill comes up. peal whenever it might be deemed proper so to do. If Mr. FORSYTH said the absence of his colleague did any limitation were to be fixed, he would prefer to make not render necessary any delay in the action of the Senate. it for a longer period. He desired to see these judiHe would be here as soon as he was notified that the cial provisions established as a part of our permanent question was to be taken. He wished to delay his re-system; and he believed that, had such been the case bemarks on the bill until it was ascertained whether it was fore, this contingency would never have occurred. to pass the Senate. He wished to speak of it as a law hoped the amendment would not prevail. which was to go to the people. Mr. CALHOUN had no other object, he said, than to procure a full discussion of the measure, and he regretted the inability of the Senator from Mississippi to proceed at present. If any gentleman wished to offer an amendment, or to address the Senate, he would withdraw his motion to postpone. He Mr. CALHOUN asked if he had understood the Senator from Georgia as stating that his colleague had acquiesced in the judicial provisions of the bill? He said that he should vote for this amendment; but he believed that every part of the bill was a violation of the constitution, and that it was all throughout liable to the strongest objections. The motion having been withdrawn, Mr. FORSYTH said that what he understood, was, that Mr. FORSYTH moved to amend the bill, by adding the Senator from South Carolina had principally objected certain words to the last section of the bill, and striking to the provisions of the bill which were most directly warout the words "first and fifth sections" therefrom. The like in their character, and had regarded the provisions object and effect of this amendment was to limit the exist-providing for countervailing civil process as less odious. ence of the entire act to the end of the next session of He regarded the objections of the Senator from MassachuCongress, instead of limiting the existence of the first and setts as applicable as well to the other provisions of the fifth sections only. He regarded the measure merely as bill as those now under consideration. For himself, he one intended to meet a certain exigency, which he hoped did not wish to view the bill, in any of its provisions, as a would soon pass away. He asked for the yeas and nays, permanent measure. He had no desire to blend it into which were ordered. Mr. POINDEXTER, being opposed to the entire bill, could not assent to the amendment. He objected to the amendment, that it did not go far enough. All the suits the permanent judicial system of the country. If it should ever be the desire of Congress so to blend it, he wished that it might be done at a time when no such topics should present themselves as were now so prominent in every Senator's mind, and then the subject could be calmly and deliberately discussed. The question was then taken on the amendment, and decided as follows: [FEB. 18, 1833. seen that, in this bill, the President had the power to interrupt the civil process of the State courts. Did the Senator suppose that the State of South Carolina would acquiesce in this interruption? No. If the President had the power to interrupt the process, he would also have the power to close the courts, and to close the hall of legislation. He might treat the Legislature as a lawless State but resistance? She would be forced into resistance. Yes, she would be thus compelled to resist. But the question of time was a far different question. He thanked God that this question was in other hands to decide. South Mr. POINDEXTER then rose and stated that it must Carolina, in deciding this question, would make the issue be evident that, to carry into effect the provisions of the with a deliberate judgment, but with irresistible firmness. bill, some appropriation was necessary. The bill author- He was amazed at the course which had been taken. ized the calling into operation the military force of the The provisions of this bill went beyond any thing he could country, but provided no means for defraying the ex- have conceived. He would reverse the argument of the penses. The constitution had prohibited the withdrawal Senator from Tennessee, and say there could be no colliof any money from the treasury, unless under an appro- sion unless it proceeded from the conduct of the General priation by law. The Senate was now about to employ Government. YEAS.-Messrs. Benton, Bibb, Black, Calhoun, Dickerson, Forsyth, Hill, Kane, King, Mangum, Miller, Moore, Rives, Smith, Tyler, Waggaman, White, Wright-18. NAYS.-Messrs. Bell, Chambers, Clay, Clayton, Dal-assemblage; and what course could be then left to the las, Dudley, Ewing, Foot, Frelinghuysen, Grundy, Hendricks, Holmes, Johnston, Knight, Naudain, Prentiss, Poindexter, Robbins, Robinson, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins--26. the army and navy to carry into effect the provisions of Mr. SMITH referred to the course which had been the bill, and the President ought to be limited in the ex- pursued in reference to the dispute with Pennsylvania, penditures for this purpose. He concluded with moving when similar powers were vested in the President, and to amend the bill by inserting a new section, providing the military force was called out. An appropriation was that, for the purpose of carrying into effect the provisions made at the following session to defray the expenditures of this bill, the sum of dollars shall be, and is hereby appropriated. Mr. GRUNDY expressed a hope that the gentleman from Mississippi would fill up the blank with some sum. Mr. POINDEXTER said he would leave that to the Committee on the Judiciary. Mr. GRUNDY said the Judiciary Committee wanted no money; but, if the gentleman from Mississippi was disposed to grant an appropriation, it would be agreeable to the committee to know what amount he was willing to give. Mr. CALHOUN expressed his surprise at the course of the gentleman from Tennessee. Did that gentleman mean to say that no money would be required for the purposes of the bill? The fact must be apparent, that no appropriation is a universal appropriation. The President would be able to take from the treasury what he pleased, and Congress and the people would be pledged to replace it in the treasury. He was surprised at this course. It belonged to those who had introduced and who advocated this bill to say what amount of money would be required. It did not belong to the Senator from Mississippi. If the Senate intended to give the sword to the President, they ought not to give him the purse also. He looked upon this as one of the most arbitrary of all the provisions of this most arbitrary bill. caused by that disturbance. He did not apprehend the occurrence of any war. He believed that the very first section of the bill put it out of the power of South Carolina to go to war. There could be no fighting, as a sufficient guard was provided against the State of South Carolina getting hold of any property which could produce such an evil. On motion of Mr. POINDEXTER, the yeas and nays were ordered on this question. The question was then taken, and decided as follows: YEAS.-Messrs. Bibb, Calhoun, Mangum, Moore, Poindexter--5. NAYS.--Messrs. Bell, Benton, Black, Buckner, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane, King, Knight, Miller, Naudain, Prentiss, Rives, Robbins, Robinson, Ruggles, Seymour, Silsbee, Smith, Sprague, Tipton, Tomlinson, Tyler, Waggaman, Webster, Wilkins, White, Wright-41. Mr. BIBB then moved to amend the bill by adding a section limiting the expenditure to three millions. And on this question the yeas and nays were ordered. Mr. FORSYTH commenced a series of observations on this motion, which he continued until three o'clock. His argument, commencing with the precise motion before the Senate, gradually expanded into a view of the whole subject under debate. Before he concluded- At 3 o'clock, the Senate, according to its new rule, adjourned, to meet again at 5. Mr. WILKINS gave notice that he should, at the evening session, unless some gentleman was anxious to make some observations, urge the question on the engrossment of the bill. EVENING SESSION. Mr. GRUNDY stated that the Senator from South Carolina was more competent than any other person to determine whether or not there would be any necessity for the employment of force. If the authorities of the State of South Carolina should offer resistance to the laws, then would arise the necessity for the employment of force. But he was of opinion that, unless it was produced by the act of South Carolina, there would be no collision; and no expenditure would be necessary, unless there should be collision. The committee hoped Mr. FORSYTH resumed. As regarded the exciting that no such collision would arise; but, if it should, pro- question of nullification, that doctrine he held was unvision could be made for the expenditure by the next tenable. No individual State possessed the right of nulliCongress. fication from any sovereignty residing in her. SovereignMr. CALHOUN said that the whole of this business ty, he contended, did not exist in the States, separately indicated an unsoundness of legislation. The bare possi- or individually, since the Union. Since that period, it bility of a collision ought to be deemed sufficient to induce resided in the United States as a whole; and by them the committee to make the appropriation. Unsound le- alone could it be exercised, and in the mode defined by gislation! He had never seen any instance of a nation the constitution. Much ingenuity had been called forth hurrying so rapidly towards a state of despotism. The in support of nullification; but mystify it as they pleased, gentleman had said that there would be no expenditure it could not stand the test of argument. The doctrine unless resistance should be commenced by South Carolina. was preposterous; it was a mere web of sophism and What did the Senator mean by resistance? It would be casuistry. And the arguments in its favor, if analyzed, |