JAN. 21, 22, 1833.]

Public Lands.-The Force Bill.

TUESDAY, JANUARY 22.

THE FORCE BILL.

[SENATE.

glass in Pennsylvania, and in the various manufactories of might look on the vigorous and athletic youth, with the New Jersey and New England, you would present a like bloom of health on his cheeks, his muscular limbs and powerful appeal. To each of them, every operative who expanding frame just ripening into manhood; though I would abandon his employment and go westward, the would watch his progress with pleasing solicitude, adminbounty is tendered of one hundred and twenty dollars. ister freely to all his wants, and anticipate with delight Aye, and worse than all this is its effect on those who do the day that should make him in maturity all that he were emigrate. Its inevitable consequence is to break up the now in promise; yet I would beware of administering to bonds of family and kindred, and set their members, sepa- him the nostrums of each empiric who might propose to rately and unseasonably, afloat in the general mass of so- freshen his bloom, enlarge his frame, and hasten on his ciety. If the aged father and the widowed mother should maturity. emigrate with their sons, and settle on the new lands in the boundless West, from the very nature of their situation requiring the support and relying upon the exertions of those sons to aid in the improvements of the farm, and bringing comforts to their home, you address them also, Mr. WILKINS moved to postpone the previous orders, if this amendment be converted into law, and enlist their for the purpose of taking up the bill further to provide cupidity to engage in conflict with their affections. My for the collection of the duties on imports. He stated good youths, would you say to them, leave the house of that it was his object to fix on a future day when this bill your parents, withdraw from their succor, and let them should be taken up for discussion. shift for themselves; here is a reward of one hundred and twenty dollars in land, which the Government offers to you, and each of you, if you will abandon the mother who bore, and the father who reared you. But mark ye well; go and settle on these lands; make no false pretences in this matter; you must do all this in fact and in faith, and carry it out to the uttermost; for if your hearts relent, if before five years you return to your parents, you forfeit the gift; and beware, too, that you do not remove your parents from their hut to yours, and attempt to watch over them and administer to their comforts there; for if you do, Mr. WILKINS said he was desirous to fix on some futheir lands are forfeited by such removal. Such, sir, is ture day for the consideration of this bill, and to make it the effect of the attempt here made, and probably of any the special order for that day. The committee had dewhich can be devised, to give to the actual settler an ad- sired him to name Thursday next. He would, therefore, vantage over the ordinary purchaser of public lands. It move to postpone the further consideration of the bill were a measure admirably devised to sever the closest and till Thursday next, and to make it the special order for most sacred bonds of society, and give to avarice the as- that day. cendancy over affection. Of all the mischiefs proposed in all these amendments, this is the worst in its consequences, both political and moral.

Mr. POINDEXTER asked if it was in order to move the postponement. As the bill had not yet been read a second time, he presumed that it was not among the orders of the day.

The CHAIR considered the motion as in order.

Mr. CLAY expressed a hope that all objection would be withdrawn, the object of the chairman of the committee being merely to appoint a day for taking up the subject.

The bill was then read a second time.

Mr. BIBB thought that the day named was too early, as it would not allow gentlemen time for the necessary examination of the provisions of this important bill. He would, therefore, move to postpone the bill to Thursday week.

Of all the things which pertain to man as a social being, and which bear the appellation of property, those which should least be tampered with by legislation are Mr. GRUNDY stated that the chairman of the Committhe landed property and the current coin; and I know tee on the Judiciary had been instructed to move Thursnot which brings the more weighty calamity on a people, day next, not because it was supposed that there would the debasement of the circulating medium, or a general be any decision as to the bill on that day, or even within a prostration of the value of real estate. So far as legisla- few days of that day, but in order that an early progress tion can affect it, both should be held with a steady hand, should be made in this bill, which he considered to be the leaving it to the progress of events to increase the quanti- most important measure before Congress, or which was ty of the one, and enhance the value of the other. With likely to come before that body at this session. There respect to real estate, it is at this time of a safe and steady was one consideration which ought to have great weight value, gradually increasing in price, and rising in the esti- with the Senate. Ile did not intend, by a reference to mation of men; that estimation ought not to be destroyed it, to go into any remarks on the state of the country until or diminished by any act of ours. The value which the the merits of the bill should be fairly before the Senate. husbandman places on his soil forms a strong and endu-But the 1st day of February was near; and, as that was ring bond which binds him to his country. I have already the time fixed by South Carolina for her ordinance to go shown you the tendency of these propositions to shake its into operation, it was impossible to know what events value and destroy its influence. were to follow that day. It was incumbent on the Senate to take up the bill, in order that, after its passage, if it should pass, there might be time to send it to the other House. He thought no person would have any cause to complain if Thursday were fixed on. The committee would occupy some time in explaining the reasons which induced Sir, I can yield to no one, from whatever region he may them to report the bill, and he thought that every gentlecome, in attachment to that young and rising portion of man would have sufficient time for reflection and examiour Union. I may err in my judgment of the measures nation.

But the care of the West--the prosperity of the West -the progress of the West in population and improvements, are constantly, in the mouths of gentlemen; and these amendments say, they propose the most certain means of effecting these objects.

which will be most effectual in advancing its prosperity, Mr. MANGUM said, as one of the Judiciary Committee, but no one can desire it more ardently than I do, or more he had been opposed to so early a day. He concurred assiduously labor in all things, according to his best judg-with the gentleman from Tennessee, that this was vastly ment, to promote it. But, with its present rising pros- the most important question which could be brought forpects, the constant and rapid development of its resources, ward for discussion at this session. So important was it, there is little that the most devoted patriot could wish in that, in his opinion, it would shake the ancient character its behalf, which the progress of events does not consum- of our institutions to their very foundation. He concurred mate, almost in anticipation. I look upon our West as in the opinion that it ought to be taken up and acted on

The Force Bill.

[JAN. 22, 1833.

with the most profound deliberation; for it depended on a repeal of the ordinance of South Carolina, and the acts the result of this question whether there would not be a of her Legislature passed in consequence of it, and rerevolution which would change the whole character of quire new proceedings on the part of the State. The our institutions. In moving to postpone the consideration Senator from Tennessee apprehends (continued Mr. M.) of the bill to a later day, as he should do before he re- some ideal dangers on the day mentioned; and how does sumed his seat, he would do it without reference to the he propose to avoid them? Why, by putting at the dis1st of February. It was impossible that there could be posal of the Executive the whole physical force of the any definitive action on the bill by that time. He depre- United States-not for the purpose of putting down any cated references, the only effect of which would be to unlawful acts of the people, but for the purpose of putkeep up an excitement which it would be wiser to allay. ting down the rightful act of a sovereign and indepenHe did not refer to the 1st of February because he believ- dent member of the confederacy. This, sir, (said Mr. ed that there existed any ground of apprehension. When M.) is to be the grand panacea by which the gentleman he proposed a more distant day, it was solely with refer- from Tennessee proposes to cure the evils he so much ence to the convenience of this branch of the Govern-apprehends on the 1st of February next. ment, and of the other House, in order that they might were they? There was nothing in South Carolina that have sufficient time for deliberation upon a subject which had not occurred in many other instances in other parts And what touched the very heart's core of our institutions. No one of the Union. There had been nothing done by South could look at this bill without discovering that it revived Carolina that he or any other individual had not a right to all the distinguishing characteristics of the old parties, do. South Carolina had said that the tariff laws were unbesides taking in its sweep much, in his opinion, that was constitutional, and that she would not obey them. I (said odious, and wholly unknown to either of the old parties. Mr. M.) have a right to do the same, when I believe a law It carried out to their full extent the principles of one of to be subversive of my rights, and in violation of the conthose parties with alarming and startling addenda, and stitution. And will gentlemen, (said he,) in this last case, came in conflict against all the principles of the other. It vote for a bill to arm the President with the whole force touched the fundamental character of our institutions, and, of the country to make war upon me? If I deny the on the discussion and decision which would ensue, he con-action of the Government, according to my construction scientiously believed-and he would be constrained so to of the constitution, and take my gun in hand, or my batdeclare, were they the last words he should ever utter-tle-axe, and defy the officers of the United States, I do would materially depend the continuance of our admira- so at my own peril. It will be for the civil authority, not ble institutions in that wholesome but restricted vigor that the military, to decide the question. South Carolina has, would perpetuate a well-regulated liberty. He conclud- as yet, not done that much; and yet gentlemen, in antied with moving to postpone the bill till Monday week. Mr. GRUNDY said he hoped the Senate would not her. cipation of such an event, are about to make war upon concur in this motion. The gentleman on his right, [Mr. peal or modification of the tariff laws, and that will do Let the gentleman from Tennessee procure a reMANGUM,] who was a member of the Judiciary Commit- more to cure the evil he dreads than the panacea he so tee, had said that it would be at once discovered, on read- highly recommends. Mr. M. said he did not rise to enter ing the bill, that we were about to change the whole cha-into the merits of the bill before the Senate, but to exracter of our institutions. That was the opinion of this press his utter astonishment that the Senator from Tengentleman; and he had no doubt that by Thursday next nessee should suppose that this bill could accomplish the he would be furnished with all the arguments he could object he had in view. adduce to sustain that opinion. But there were others how far South Carolina would be satisfied by a modificawho held wholly different opinions, and who believed that tion of the tariff; that was not the subject under discusHe was not then prepared to say there was nothing in this bill which was not necessary to sion; but this much he would say, that the measure proenable the Government to sustain itself from ruin. would not go into any debate upon the bill at this time. the Senator from Tennessee, could be productive of no He posed by the Judiciary Committee, and commended by Why should the bill be postponed to Monday week? There good. He had always understood that the constitution was no doubt that the day on which it was taken up would placed the civil above the military power. Pass this be consumed by the committee in giving their explana- bill, sir, (said Mr. M.) authorizing the President, if he tion of their reasons for reporting the bill; and then, if cannot act by the ordinary tribunals, to act with an gentlemen should not be ready to proceed with the sub-armed force, and you at once put the military above the ject, the discussion could be postponed. He would make a frank acknowledgment of his own Senator from Tennessee, to obviate the difficulties by civil power. This, then, is the way, in the opinion of the feelings. He hoped his fears were unfounded, but he had which we are threatened. Sir, (said Mr. M.) the only fears as to the issue of the proceedings in South Carolina; way is to abate the nuisance-to repeal the unjust and unand if any thing disastrous should occur after the 1st of constitutional legislation by which we are oppressed; and February, he desired to stand acquitted of having contri- this will supersede any use of State authority. buted any share in the production of such evils by having given his sanction to delay. As far as one vote would go, while he was up. There was one thing, Mr. M. said, he would advert to he would, at least, endeavor to prevent any collision. Mr. MILLER, after some remarks, inaudible in the gal-scribed as a test oath act. He had seen, among the documents accompanying the President's message, one that was delery, said that he did not perceive how the measures pro- he knew that no act bearing that title had been passed posed by the Senator from Tennessee were to be accom- by the Legislature of South Carolina, and he was gratiHe was surprised at this, as plished by the passage of the bill under consideration. fied to see, among the papers in the message to-day, an The 1st of February, he said, had been referred to by authentic copy of the act referred to, whose title is difthat Senator as a day likely to produce much evil to the ferent from that described in the former message, and country, and it had been consequently urged that this forms a part of the documents printed therewith. What bill, or something similar to it in substance, was necessary the character of that act was might be seen from the certo prevent it. will be here before that bill can possibly pass; and if the But (said Mr. M.) the 1st of February tified copy now on the files of the Senate. Senator from Tennessee is disposed, as he alleges, for conciliation, he can easily avoid the evils he so much deprecates, by a repeal or a modification of the tariff laws. Sir, (said Mr. M.) any modification will be, ipso facto,

reign character, had passed an ordinance declaring that The people of South Carolina, in their highest soveIt was this: every officer of the State shall swear to respect her constitution and laws; and the act referred to was passed in pursuance of the high authority thus given. In no case

JAN. 22, 1833.]

The Force Bill.

[SENATE.

[The PRESIDENT here reminded Mr. MILLER that it was not in order, on a mere motion for postponement, to discuss the merits of the bill.]

(said Mr. M.) could it be considered a test oath act. It the bill before the Senate. But, he said, if by Monday was not intended for every citizen of the State, but for week, the day named by the Senator from North Carolina, those citizens who held offices under it. The State sim-a bill for the modification of the tariff should be reply required all the agents in her pay to take an oath to ported in the Senate, or the bill now discussed in the support her laws; and, sir, (said Mr. M.) if they have not House of Representatives should come from that body, a right to pass a law to make their own officers and it will then be time enough to say whether this bill should agents obey them, I would not give a brass farthing for pass. And in either case, he would ask the Senator from State rights. This, sir, (said Mr. M.) is the nature of the Tennessee if the Senate would think it necessary to pass act, and yet it is called by the President a test oath act. Ja bill of the nature now before them? Was this oath more a test than that taken by every Senator at the Secretary's table? or essentially different from that taken by the officers of the Government? We swear to support the constitution of the United States, and yet Mr. M. continued, that it was not his intention to disthis is not considered a test oath., What course (asked cuss the bill, or its general principles. His object was Mr. M.) does the General Government pursue, when its only to delay action on the bill, until it could be seen officers refuse or neglect to obey its mandates? The mo- whether there was a probability of the passage of a bill ment (said Mr. M.) that a United States' officer refuses in modification of the tariff. By Monday week, he preto obey the will of the Executive, he is dismissed from sumed the other House might be heard from, and it was office without ceremony, with or without having taken possible that something might emanate from the Commitan oath. There was no proscription (Mr. M. added) tee of Finance in this body. But (said Mr. M.) if the in the act of South Carolina. The ordinance (continued Senate will only now pass a resolution declaring that the Mr. M.) was passed by the people of the State in their tariff shall not be modified, I will at once agree to prohighest sovereign capacity, was a part of the constitu- ceed to the consideration of the bill. If delayed, sometion of the State, and every man when he takes office thing may occur of a more peaceful character than that under the State is rightfully required to swear that he will contemplated by the Cominittee on the Judiciary; but support her constitution; and when the ordinance itself (added Mr. M.) if the pacification of the Senator from came before the Senate, Mr. M. said he would be pre- Tennessee is to be the only relief extended to the people pared to show that the oath to support it did not conflict of South Carolina, I can only say, Lord deliver me from with the obligation to support the constitution of the such relief. United States. There was, however, one part of the or- Mr. CLAY said he did not rise to go into the discussion dinance which might be supposed to conflict with the of this question. He considered the suggestion of the constitution of the United States. It is that which denies Chair as to the unprofitableness of such a course, as enthe right of the federal court to review the decisions of tirely correct. And without casting censure on any Sethe State court. The ordinance, however, in this only nator for pursuing such a course as he might deem fit, he was intended to operate on the State officers, and did not was not disposed himself to go into such debate. The command resistance by force to the decrees and proceed-question before the Senate was merely to fix a day for ings of the federal court; it was passive-the agents of the consideration of this bill; and on a question so trithe State were simply required not to act. But (said vial in itself, he regretted that there should be any exhiMr. M.) it will be recollected that the 25th section of the bition of feeling. He thought that the time ought to be judiciary act, which gives this right to review, was be- fixed, without reference to the 1st of February, or to any lieved by many of the best informed, and, if he mistook other day. not, by the President himself, to be unconstitutional, and therefore null and void.

Certainly the action of this Government ought not to be retarded or quickened by any consideration of what might Mr. M. further said, that when the ordinance of South occur on that day. The only inquiry ought to be, what Carolina came before the Senate, he would not only be day would be most convenient in reference to the state of prepared to show that it was not contrary to the consti- the public business? Although this was a highly importution of the United States, but that it was not contrary, tant measure, no more time would be required than would as alleged, to the constitution of South Carolina. It was be necessary to give it due consideration. He should, absurd, he said, to pretend that the ordinance conflicted therefore, be disposed to fix a day which would not in with the constitution of South Carolina. It was framed terfere with the business of the Senate, or which would by the people of the State, in convention—in their high- be too late for their final action. He thought Thursday est sovereign capacity-and consequently a part of the next was too short an interval, and that the other day was constitution itself, and a repeal of all parts conflicting with too remote. He was in favor of investing the authorities its provisions. of the Federal Government with adequate powers to

With these preliminary remarks, called forth by gen-meet the present crisis. Yet, although he was in favor of tlemen who had preceded him in debate, and without this, he was not to be urged on by any circumstances, pretending to enter into the merits of the bill, he would however imperative, to give his approbation to so imporcontent himself by stating that he would vote for the tant a measure, without the most careful investigation, in longest day named. He was in favor of harmonizing the order that, while giving all constitutional aids to the Govcountry. He was not for secession, nor was he for dis-ernment, he did, not invest them with any unconstitutionunion. When Congress should declare war against South al powers. He would, therefore, propose Monday next, Carolina, and should put it in the power of the President considering that in the interval there would be time to assail her with the military and naval forces of the enough for full examination of the bill. United States, it would then be the height of absurdity to Mr. SMITH said he did not rise to go into the debate talk of secession as a constitutional right. Secession would at all. He concurred with the Senator from Kentucky, then be revolutionary in its nature, and would be forced that Monday next would be the proper day. By that on the State by the war carried on against her. The time the Senate would get rid of the land bill; while, if secession in the ordinance was predicated on the Federal the subject was brought up on Thursday, it was very likeGovernment disregarding its peaceful obligations to South ly that the other bill would be undisposed of. Carolina. Mr. BIBB said he was not disposed to go into an exami

Mr. M. continued: If the object was to avoid the dan-nation of the principles of the bill, upon the question fo: ger to the Union apprehended by the Senator from Ten- fixing the day; but he might be allowed to say, that he nessee, it could not be accomplished by the passage of considered this bill as involving a return to first principles

VOL. IX.-12

SENATE.]

bearance.

-to the principles which influenced when we ourselves At the head of the amendments proposed by the States, stood in the attitude of rebellious revolters against the at the adoption of the federal constitution, and which now British Government. He thought there was no man who form a component part of that instrument, is an article, would hesitate to invest the Government with powers suf- which declares that "Congress shall make no law respectficient for the preservation of the Union; but, when a billing an establishment of religion, or prohibiting the free exwas reported such as this, which gave a new action to the ercise thereof, or abridging the freedom of speech or of Government by means of the whole military and naval the press, or the right of the people peaceably to assempower to be wielded at the discretion of the President, he ble, and to petition the Government for a redress of grievthought it would become Senators to pause and reflect. ances." Sir, compare the checks interposed in this secThey ought to require time to look into a subject which tion to the encroachments of arbitrary power with the made such great requisition upon their learning and re-language of this bill: "Whenever, by reason of unlawful search. obstructions, combinations, or assemblages of persons, or Thus much he had said to justify himself for moving a unlawful threats and menaces against officers of the Unitmore distant day than Thursday next. But he had an-ed States, it shall become impracticable, in the judgment other reason for wishing delay. It was his desire to put off of the President, to execute the revenue laws," &c.-then this discussion as long as possible. These were not the he is authorized to remove the custom-house to a secure best of times for the consideration and discussion of princi- place, and execute all the high duties and prerogatives ples of such an agitating character. Events might hap-with which the bill proposes to invest him. What shall pen, in the course of a short time, which would render constitute "unlawful obstructions, combinations, or assemthis subject less exciting. He was disposed now to adopt blages of persons" is not defined; even a threat or a methe motion of the gentleman from North Carolina. He nace, consisting of mere words, is rendered criminal; and wished to come to the discussion of this subject with as it is left exclusively to the judgment of the President to much reflection and solemn deliberation as he could bring determine for himself what is the character and intention with him into the debate. He thought the gentleman from of "assemblages of persons,' "what words amount to a Tennessee ought not, because of the occurrence of a threat or a menace, and what is his own interpretation particular emergency, to urge on to premature discus- of these words or expressions, “to call forth the military sion a measure which might become part of the perma- force of the country," to enable him to carry into effect nent policy of the country. He hoped that when the this new system of pains and penalties. May it not haptime for the discussion should arrive, Congress would be pen that an "assemblage of persons" for the most innodisposed to go into it in the spirit of conciliation and for-cent and necessary purposes, in a particular quarter of the Union, will be construed into an unlawful combination, to Mr. POINDEXTER next addressed the Chair. He obstruct the execution of the revenue laws, and, in the said that his object in rising was, to ask that the question judgment of the President, authorize the employment of on the postponement of the consideration of the bill to the army to disperse it? Do the people of the several Monday week might be taken by ayes and noes; but, States hold their constitutional privileges by a tenure so while up, he said he would avail himself of the opportuni- feeble and so uncertain, as the will, the mere caprice, of ty to offer some of the views which he had taken of the the Chief Magistrate? Sir, let us throw off the mask at provisions of the bill, not for the purpose of entering into once; enact the riot act of Great Britain; put it into the the general discussion of questions so momentous, but as hands of one of the myrmidons of the President to be read justifying his vote in favor of the motion made by the hon- aloud at every assemblage of persons which, in the “judgorable Senator from North Carolina, [Mr. MANGUM.] He ment" of the President, is unlawful; warn the multitude concurred in the suggestion of the honorable Senator from to disperse, and go peaceably to their homes; and, in case Kentucky, [Mr. CLAY,] that in fixing a day for the consid- they refuse to obey, call out an armed force, and bring eration of the bill, no particular examination of its details them to submission. This is substantially the power which was either proper or necessary; but it was important to it is now proposed to confer on the President as the basis look the great principles which it embraced full in the of all the other high prerogatives enumerated in the bill face, and to afford ample time to investigate them mature- on our table. But this is not the most extravagant fealy, before the measure was called up for the final action of ture in this novel and unprecedented transfer of arbitrary the Senate. He considered the bill as one of a perma-power in the executive branch of the Government. An nent and general character, co-extensive with the Union; assemblage of people dare not denounce an unjust, opaiming a deadly blow at the free institutions under which pressive, and unconstitutional act of Congress, imposing we live, and not as limited, according to its obvious inten- burdens on them by an onerous system of imposts, in the tion, to the attitude assumed by South Carolina, in refer- presence of an officer of the United States, without being ence to the existing system of protection to domestic ma- liable to have their words interpreted to mean a threat or nufactures. Mr. President, said he, if the title of this bill menace against the officer, and thereby subject themcorresponded with its provisions, it might, with equal jus-selves to be dealt with as the "judgment" of the President tice and propriety, be called "A bill to repeal the consti- shall decide under the provisions of this bill. The same tution of the United States, and to vest in the President consequences might result from the publication of a pardespotic powers." Such is its spirit, and such the import agraph in a newspaper, denouncing an unconstitutional of the words used to carry out the purposes intended by act of Congress, and complaining of the manner in which its enactment. No measure had ever been presented to it is executed by an officer of the United States; this, too, the consideration of Congress, from the close of the revolution to the present moment, so virtually destructive of public liberty, or so palpably conflicting with the plain and positive provisions of the constitution.

The first section of the bill clothed the President with the extraordinary and dangerous power of controlling, by the exercise of his own judgment, and at his mere will and pleasure, the liberty of speech and of the press, and the right of the people peaceably to assemble to deliberate on the condition of the country, and petition for a redress of grievances-rights secured by the very letter of the constitution, and inestimable to freemen.

might, in the judgment of the President, be a threat or menace calling for his interposition. Sir, the idea cannot be credited, that the free citizens of this confederacy will submit to these shackles on their dearest privileges, in contravention of the compact of union which secures them. It is an encroachment upon personal liberty not to be endured, and amounts almost in terms to a repeal of the constitution, which secures to every man the freedom of speech, and guards from invasion the liberty of the press, and the right of the people peaceably to assemble and declare their opinions of public men and measures. All these solemn guarantees are now to be placed in the

JAN. 22, 1833.]

The Force Bill.

[SENATE.

Mr. F.

custody of one man, and to be regulated according to his served to them by the patriots who framed the constitu "judgment." tion? or shall we throw our liberties at the feet of a miliMr. P. then adverted to the second section of the bill.tary despot, clothed with unlimited powers throughout He said it was not his intention, at present, to enter mi-this widely-extended country, backed by the army and nutely into an examination of this scheme to prostrate the navy, ready at the sound of the bugle to rally around their sovereignty of the States, and vest the President with ex-chieftain and execute his mandates? To enable each hotraordinary powers; but he claimed the indulgence of the norable Senator to deliberate well on the important quesSenate while he glanced at a part of the bill which con- tions involved in the passage of this bill, and to recur to flicted with an express provision of the constitution. He our political history from the close of the revolution up to then read from the third article of the constitution, to the present time, in order to demonstrate the true character show the limitations on the jurisdiction of the courts of of this Government by a review of the meaning and inten. the United States. Among other defined cases, it is de- tion of its founders, I shall vote to postpone the consideraclared that it shall extend "to controversies between a tion of this subject to the longest time proposed. State and citizens of another State; between citizens of Mr. FRELINGHUYSEN said that, as a member of the different States," &c. It cannot be denied that these committee, he felt constrained to defend the provisions of courts possess no jurisdiction which is not expressly con- the bill against the very serious charges that had assailed ferred on them by the constitution. They are not courts it. Gentlemen had gravely affirmed that "this bill reof general jurisdiction; they have no common law powers; pealed the constitution, and conferred the powers of a and can only resort to that code to illustrate the powers despot on the President." So far from all this, it only especially granted in the article of the constitution refer- enabled the Executive to discharge the sacred obligations red to. This bill enlarges the jurisdiction of the circuit which the constitution imposes upon him, when it ordains courts of the United States, and extends it to controver that he "shall take care that the laws be faithfully exesies between citizens of the same State. The provision is cuted." The President has applied to us for legislative written in language not to be misunderstood or miscon-aid, that he may the more certainly fulfil his high trust. strued: "If any person shall receive any injuries to his This, sir, is a great duty for him and for us that cannot be person or property, for or on account of any act by them dispensed with or avoided: it flows directly from our oaths done under any law of the United States for the protec- to support the constitution of the United States. tion of the revenue, or the collection of duties on imports, said that the dangers of the bill had been quite misapprehe shall be entitled to maintain suit for damage therefor hended by honorable Senators. The first section had in the circuit court of the United States, or the district been construed into the most dangerous power in the Exwherein the party doing the injury may reside, or shall ecutive alone, of deciding when combinations existed; be found." It is manifest that this provision transcends what were riots, and what constituted menaces; whereas, the jurisdiction of the courts of the United States, and is, by the plain terms of the law he is authorized to interpose, to that extent, a repeal of the constitution. An officer of when from these specified causes it shall become, in his the customs at the port of Boston receives a supposed in-judgment, impracticable to collect the revenues of the jury from a citizen of Massachusetts while in the discharge Government. Now, sir, it will be readily perceived that of his official duties, both being citizens resident in the this clause confers no novel or extraordinary powers. He same State-will any man, having the least respect for his is not to judge of combinations, unlawful assemblages, and character as a statesman, hazard the opinion that the cir- other hostile arrays, any further than they interrupt the cuit court of the United States for the district where the course of public laws: and when he is the officer bound injury was done can take cognizance of civil action be- to the duty of executing these laws, who else should have tween the parties for the recovery of damages? No, sir, the power of vindicating their claims, and securing for there is not a respectable planter in any part of the Union them a prompt obedience? who would venture to justify a departure so gross and pal- It was further insisted by Mr. F. that the bill, with the pable from the plain letter of the constitution. But we single and harmless provision that authorized a removal of have arrived at a crisis in the progress of this Govern- the custom-house, contained no principle that was not fament, when the tide of popular impulse sets in the direc-miliar to the legislation of Congress. Such powers as it tion of power and patronage, and the barriers of the con- gave to the President were conferred by our laws as early stitution no longer afford protection to the States or to the as 1795, and as lately as 1807. There was no odipeople against the overwhelming influence of the Exe-ous or despotic feature in the measures reported by the cutive and the dominant party in the National Legisla- committee. If they, as was said, made the Executive a ture. Pass this bill, and the very idea of State sove-despot, the constitution of the Union created the despotreignty will be treated as a vision of the imagination-a tale ism. Sir, shall the majesty and supremacy of the laws be of by-gone days, no longer to be remembered, but to be maintained? And how shall this be done if they may be spurned and blotted out of our political history forever. defied, or put down by force or menace?

Mr. President, (said Mr. P.,) when we turn our attention The bill proposes the employment of pacific measures, to the recent state papers under the signature of the Chief so long as opposition shall present a peaceful character: Magistrate, of the principles contained in which this bill as in the case of South Carolina, while her ordinance and is the consummation, the friends of constitutional liberty laws resist the legislation of the Union by judicial action have abundant cause of alarm and apprehension. The al- merely, the bill meets them with the counteracting agency ternative is presented to us, in a manner not to be blinked, of the federal courts. She would draw the questions of between our original beautiful system of confederacy collision to her own courts, that are sworn to nullify our composed of separate independent sovereignties, united laws. The bill provides that the laws of the United States for the great purposes of common defence and general shall be expounded and enforced by the courts of the Unitwelfare, under defined and specified powers, and a vast ed States. And when she resorts to military force, when consolidated empire, with its despot to rule and direct its insurrectionary movements there shall attempt to prosdestinies. trate the Government of the country, and defy the judg

In such a contest there can be no neutrals: he who is ments of its courts, then, and not until then, is the Execunot for us is against us; there is not one inch of neutral tive to put into requisition the strong arm of military ground on which the friends of State rights can stand; power, to defend and maintain them in their dignity and none can wink so hard as not to see that upon the issue of energy. And, sir, is not this all right? Is it not absolutely this struggle must depend the fate of this free and envia- necessary? How otherwise can we preserve a Governble confederacy. Shall the States retain the rights re- ment? In a word, Mr. President, the bill is a necessary