12 SENATE.] South Carolina Resolutions. Mr. WILKINS. Then I wish the Chair to consider my remarks as addressed to himself. Mr. SMITH. I do not think it very proper to appoint commercial gentlemen on this committee. They might be interested in the result. [The following members were appointed by the Chair to compose the committee: Messrs. WEBSTER, CHAMBERS, DUDLEY, BROWN, TYLER.] WEDNESDAY, December 12. Public Lands. Mr. CLAY, agreeably to notice, asked and obtained leave to introduce a bill to appropriate, for a limited time, the proceeds of the sales of the public lands in the United States, and for granting lands to certain States. The bill having been read twice, and being before the Senate, as in Committee of the Whole, (JANUARY, 1833. Mr. POINDEXTER offered the following resolution: to our national independence in time of war," and an enumeration of articles deemed to be "essential which therefore ought, in his opinion, to be exempted from the operation of the proposed reduction of duties. Resolved, That the Secretary of the Treasury be directed to report to the Senate, with as little delay as practicable, a detailed statement of the articles of foreign growth or manufacture, on which, in his opinion, the present rate of duties ought to be reduced, specifying particularly the amount of reduction on each article separately, so as to produce the result of an aggregate reduction of the revenue six millions of dollars, on such manufactures as are Mr. CLAY said that this bill had been before classed under the general denomination of protecttwo committees of the Senate, and that it haded articles; and that he also append to such report been passed at the last session by a considerable majority. He thought, therefore, that there would be no necessity for its reference to any committee at this session. The bill was precisely the same as the one which had passed the Senate last year, with the exception of the necessary change in the time when the bill would take effect. If, however, it was the wish of any Senator that the bill should be referred he had no objection. He would prefer to have the bill made the order for some convenient but not very distant day, when it might be taken up and discussed. If agreeable to the Senate, he would say the fourth Monday in this month, or the first Monday in January. He did not see that it was necessary to send the bill to a committee, but if any gentleman wished that course to be taken, he repeated, he should not object to it. Mr. KANE said that it would be recollected that this subject had recently been referred to the Committee on Public Lands, by the reference to that committee of so much of the President's Message as relates to the public lands. An important proposition, indeed a new one, had come from the Executive on the subject of the public lands generally. That proposition was now before the committee; and he hoped that the gentleman from Kentucky would consent to a reference of his bill to the same committee. Mr. K. concluded by moving this ref On motion of Mr. POINDEXTER, the resolution was ordered to be printed. MONDAY, January 7, 1833. The Senate proceeded to the special order of the day, being Mr. CLAY's bill for appropriating the proceeds of the public lands for a limited term, &c. The question being on the amendment reported by the Committee on Public Lands, which substitutes a new bill, reducing the price of public lands, [Mr. KANE, of Illinois, spoke at length against the bill, and Mr. CLAY in its favor, when it was laid on the table for the present.] The Senate then adjourned. JANUARY, 1833.] Proceedings in relation to South Carolina. to issue his proclamation, does not authorize him in that mode to interfere, whenever he may think fit, in the affairs of the respective States, or that he should use it as a means of promulgating Executive exposition of the constitution, with the sanction of force; thus superseding the action of the other departments of the General Government. Resolved, That it is not competent to the President of the United States to order, by proclama tion, the constituted authorities of a State to repeal their legislation; and that the late attempt of the President to do so is unconstitutional, and manifests a disposition to arrogate and exercise a power utterly destructive of liberty. Resolved, That the opinions of the President in regard to the rights of the States are erroneous and dangerous, leading not only to the establishment of a consolidated Government in the stead of our free confederacy, but the concentration of all power in the chief Executive. Resolved, That each State of this Union has the right, whenever it may deem such course necessary for the preservation of its liberty, or vital interest, to secede peaceably from the Union; and that there is no constitutional power in the General Gov ernment, much less in the Executive Department of that Government, to retain by force such State in the Union. Resolved, That the primary and paramount allegiance of the citizens of this State, native or adopted, is of right due to this State. Resolved, That the declaration of the President of the United States, in his said proclamation, of his personal feelings and retaliations towards the State of South Carolina, is rather an appeal to the loyalty of subjects than to the patriotism of citizens; and is a blending of official and individual character heretofore unknown in our State papers, and revolting to our conceptions of political propriety. Resolved, That the undisguised indulgence of personal hostility in the said proclamation would be unworthy the animadversions of this Legislature, but for the solemn and official form of the instrument which is made its vehicle. Resolved, That the principal doctrines and purposes contained in the said proclamation are inconsistent with any just idea of a limited Government, and subversive of the rights of the States and the liberties of the people; and, if submitted to in silence, would lay a broad foundation for the establishment of monarchy. Resolved, That while this Legislature has witnessed with sorrow such a relaxation of the spirit of our institutions, that a President of the United States dares venture upon this high-handed measure, it regards with indignation the menaces which are directed against it, and the concentration of a standing army on our borders; that the State will repel force by force, and, relying on the blessing of God, will maintain its liberty at all hazards. Resolved, That copies of these resolutions be sent to our members of Congress, to be laid before that body. SATURDAY, January 12. [SENATE. The Senate passed to the consideration of the bill to appropriate, for a limited time, the proceeds of the sales of the public lands, &c. The question being on the amendment proposed by the Committee on Public Lands, Mr. BUCKNER, of Missouri, spoke at length against the bill. MONDAY, January 14. French Spoliations. Mr. WEBSTER moved that the Senate proceed to the consideration of the bill to indemnify certain citizens of the United States for spoliations committed on their commerce by the French prior to 1800, which was agreed to. Committee of the Whole, Mr. WEBSTER, in a speech of about two hours, developed the principles of the bill, and the grounds on which it was reported by the committee, and on which he should advocate its passage. Mr. TYLER explained the difficulty he felt in bringing his mind to embrace this important subject, after so long an interval had transpired since he had looked into the subject; and moved to lay the bill on the table. Mr. WEBSTER acquiesced in the motion, which was carried. Proclamation against South Carolina Ordi nance. Mr. CALHOUN laid on the table the following resolution : Resolved, That the President be requested to lay before the Senate a copy of his proclamation of the 10th of December last; and also the authenticated copies of the ordinance of the people of the State of South Carolina, with the documents accompanying the same; and of the proclamation of the Governor of the State of South Carolina of the 20th of December last, which was transmitted to him by the Executive of that State, with the request that he should lay them before Congress. WEDNESDAY, January 16. South Carolina-Nullification-Secession-Ordinance - Froclamation of President Jack son. A Message was received from the President of the United States, transmitting copies of the proclamation and other documents relating to South Carolina, her ordinance, &c. The Message and Proclamation were read. The resolutions were read and laid on the The Message was as follows: table, and ordered to be printed. Gentlemen of the Senate and House of Representatives of the United States: In my annual Message, at the commencement of your present session, I adverted to the opposition SENATE.] Proceedings in relation to South Carolina. to the revenue laws in a particular quarter of the United States, which threatened not merely to thwart their execution, but to endanger the integrity of the Union. And although I then expressed my reliance that it might be overcome by the prudence of the officers of the United States and the patriotism of the people, I stated that, should the emergency arise rendering the execution of the existing laws impracticable from any cause whatever, prompt notice should be given to Congress, with the suggestion of such views and measures as might be necessary to meet it. Events which have occurred in the quarter then alluded to, or which have come to my knowledge subsequently, present this emergency. Since the date of my last annual Message, I have had officially transmitted to me by the Governor of South Carolina, which I now communicate to Congress, a copy of the ordinance passed by the convention which assembled at Columbia, in the State of South Carolina, in November last, declaring certain acts of Congress therein mentioned, within the limits of that State, to be absolutely null and void, and making it the duty of the Legislature to pass such laws as would be necessary to carry the same into effect from and after the 1st of February next. The consequences to which this extraordinary defiance of the just authority of the Government might too surely lead, were clearly foreseen, and it was impossible for me to hesitate as to my own duty in such an emergency. The ordinance had been passed, however, without any certain knowledge of the recommendation which, from a view of the interests of the nation at large, the Executive had determined to submit to Congress; and a hope was indulged that, by frankly explaining his sentiments, and the nature of those duties which the crisis would devolve upon him, the authorities of South Carolina might be induced to retrace their steps. In this hope, I determined to issue my proclamation of the 10th of December last, a copy of which I now lay before Congress. I regret to inform you that these reasonable expectations have not been realized, and that the several acts of the Legislature of South Carolina, which I now lay before you, and which have, all and each of them, finally passed, after a knowledge of the desire of the Administration to modify the laws complained of, are too well calculated, both in their positive enactments, and in the spirit of opposition which they obviously encourage, wholly to obstruct the collection of the revenue within the limits of that State. Up to this period, neither the recommendation of the Executive in regard to our financial policy and impost system, nor the disposition manifested by Congress promptly to act upon that subject, nor the unequivocal expression of the public will, in all parts of the Union, appears to have produced any relaxation in the measures of opposition adopted by the State of South Carolina; nor is there any reason to hope that the ordinance and laws will be abandoned. I have no knowledge that an attempt has been made, or that it is in contemplation, to reassemble either the convention or the Legislature; and it will be perceived that the interval before the 1st of February is too short to admit of the preliminary steps necessary for that purpose. It appears, moreover, that the State authorities are actively organ [JANUARY, 1833. | izing their military resources, and providing the means, and giving the most solemn assurances of protection and support to all who shall enlist in opposition to the revenue laws. A recent proclamation of the present Governor of South Carolina has openly defied the authority of the Executive of the Union, and general orders from the headquarters of the State announced his determination to accept the services of volunteers, and his belief that, should their country need their services, they will be found at the post of honor and duty, ready to lay down their lives in her defence. Under these orders, the forces referred to are directed to "hold themselves in readiness to take the field at a moment's warning;" and in the city of Charleston, within a collection district and a port of entry, a rendezvous has been opened for the purpose of enlisting men for the magazine and municipal guard. Thus, South Carolina presents herself in the attitude of hostile preparation, and ready even for military violence, if need be, to enforce her laws for preventing the collection of the duties within her limits. Proceedings thus announced and matured must be distinguished from menaces of unlawful resistance by irregular bodies of people, who, acting under temporary delusion, may be restrained by reflection, and the influence of public opinion, from the commission of actual outrage. In the present instance, aggression may be regarded as committed when it is officially authorized, and the means of enforcing it fully provided. Under these circumstances, there can be no doubt that it is the determination of the authorities of South Carolina fully to carry into effect their ordinance and laws after the 1st of February. It therefore becomes my duty to bring the subject to the serious consideration of Congress, in order that such measures as they, in their wisdom, may deem fit, shall be seasonably provided; and that it may be thereby understood that, while the Government is disposed to remove all just cause of complaint, as far as may be practicable consistently with a proper regard to the interests of the community at large, it is, nevertheless, determined that the supremacy of the laws shall be maintained. In making this communication, it appears to me to be proper not only that I should lay before you the acts and proceedings of South Carolina, but that I should also fully acquaint you with those steps which I have already caused to be taken for the due collection of the revenue, and with my views of the subject generally, that the suggestions which the constitution requires me to make, in regard to your future legislation, may be better understood. This subject having early attracted the anxious attention of the Executive, as soon as it was probable that the authorities of South Carolina seriously meditated resistance to the faithful execution of the revenue laws, it was deemed advisable that the Secretary of the Treasury should particularly instruct the officers of the United States in that part of the Union as to the nature of the duties prescribed by the existing laws. Instructions were accordingly issued on the 6th of November to the collectors in that State, pointing out their respective duties, and enjoining upon each a firm and vigilant, but discreet performance of them in the emergency then apprehended. I herewith transmit copies of these instructions, JANUARY, 1833.] Proceedings in relation to South Carolina. [SENATE. and of the letter addressed to the district attorney the United States, nor shall any copy of the record requesting his co-operation. These instructions be permitted or allowed for that purpose; and the were dictated in the hope that, as the opposition person or persons attempting to take such appeal, to the laws by the anomalous proceeding of nullifi- may be dealt with as for a contempt of court." cation was represented to be of a pacific nature, to be pursued, substantially, according to the forms of the constitution, and without resorting, in any event, to force or violence, the measures of its advocates would be taken in conformity with that profession; and, on such supposition, the means afforded by the existing laws would have been adequate to meet any emergency likely to arise. It was, however, not possible altogether to suppress apprehension of the excesses to which the excitement prevailing in that quarter might lead; but it certainly was not foreseen that the meditated obstruction to the laws would so soon openly as sume its present character. Subsequently to the date of those instructions, however, the ordinance of the convention was passed, which, if complied with by the people of that State, must effectually render inoperative the present revenue laws within her limits. It likewise ordains, "that all persons holding any office of honor, profit, or trust, civil or military, under the State, shall, within such time, and in such manner as the Legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the Legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same; and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead, or had resigned; and no person hereafter elected to any office of honor, profit, or trust, civil or military, shall, until the Legislature shall otherwise provide and direct, enter on the execution of his office, or be in any respect competent to discharge the duties thereof, until he shall in like manner have taken a similar oath; and no juror shall be empanelled in any of the courts of the State, in any cause in which shall be drawn in question this ordinance, or any act of the Legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this ordinance, and such act or acts of the Legislature as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof." The ordinance concludes: "And we, the people of South Carolina, to the end that it may be fully understood by the government of the United States, and the people of the co-States, that we are determined to maintain this ordinance and declaration at every hazard, do further declare that we will not submit to the application of force on the part of the Federal Government to reduce this State to obedience; but that we will consider the passage by Congress of any act authorizing the employment of a military or naval force against the State of South Carolina, her constituted authorities, or It also ordains, "that it shall not be lawful for any citizens; or any act abolishing or closing the ports of the constituted authorities, whether of the State of this State, or any of them, or otherwise obstructof South Carolina or of the United States, to en-ing the free ingress and egress of vessels to and force the payment of duties imposed by the said from the said ports; or any other act on the part acts within the limits of the State, but that it shall of the Federal Government to coerce the State, be the duty of the Legislature to adopt such measures, and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the eaid acts and parts of acts of the Congress of the United States, within the limits of the State, from and after the 1st of February next; and it shall be the duty of all other constituted authorities, and of all other persons residing or being within the limits of the State, and they are hereby required and enjoined to obey and give effect to this ordinance, and such acts and measures of the Legislature as may be passed or adopted in obedience thereto." That ordinance declares and ordains, "that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having operation and effect within the United States; and, more especially, 'An act in alteration of the several acts imposing duties on imports,' approved on the 19th of May, 1828; and also an act entitled 'An act to alter and amend the several acts imposing duties on imports,' approved on the 14th July, 1832, are unauthorized by the Constitution of the United States, and violate the true intent and meaning thereof, and are null and void, and no law, nor binding upon the State of South Carolina, its officers, and citizens; and all promises, contracts, and obligations made or entered into, or to be made or entered into, with purpose to secure the duties imposed by the said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void." It further ordains, "that in no case of law or equity decided in the courts of the State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the Legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress imposing duties, shall any appeal be taken or allowed to the Supreme Court of shut up her ports, destroy or harass her commerce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of this State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate Government, and to do all other acts and things which sovereign and independent States may of right do." This solemn denunciation of the laws and authority of the United States has been followed up by a series of acts on the part of the authorities of that State, which manifest a determination to render inevitable a resort to those measures of self-defence which the paramount duty of the Federal Government requires; but, upon the adoption of which, that State will proceed to execute the purpose it has avowed in this ordinance, of withdrawing from the Union. SENATE.] Proceedings in relation to South Carolina. The acts to which it is deemed proper to invite the particular attention of Congress, are: 1st. "An act to carry into effect, in part, an ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties on the importation of foreign commodities," passed in convention of this State, at Columbia, on the 24th November, 1832. (JANUARY, 1833. On the 27th of November the Legislature assem- A request has been regularly made of the Secrebled at Columbia; and on their meeting, the Gov-tary of State of South Carolina for authentic copies ernor laid before them the ordinance of the con- of the acts which have been passed for the purpose vention. In his message on that occasion, he of enforcing the ordinance; but, up to the date of acquaints them that "this ordinance has thus be- the latest advices, that request had not been comcome a part of the fundamental law of South Caro-plied with; and, on the present occasion, therefore, lina;" that "the die has been at last cast, and reference can only be made to those acts as pubSouth Carolina has at length appealed to her ul- lished in the newspapers of the State. terior sovereignty as a member of this confederacy, and has planted herself on her reserved rights. The rightful exercise of this power is not a question which we shall any longer argue. It is sufficient that she has willed it, and that the act is done; nor is its strict compatibility with our constitutional obligation to all laws passed by the General Government, within the authorized grants of power, to be drawn in question, when this interposition is exerted in a case in which the compact has been palpably, deliberately, and dangerously violated. That it brings up a conjuncture of deep and momentous interest, is neither to be concealed nor denied. This crisis presents a class of duties which is referable to yourselves. You have been commanded by the people in their highest sovereignty, to take care that within the limits of this State their will shall be obeyed." "The measure of legislation," he says, "which you have to employ at this crisis, is the precise amount of such enactments as may be necessary to render it utterly impossible to collect, within our limits, the duties imposed by the protective tariffs thus nullified." He proceeds: that you should arm every citizen with a civil process, by which he may claim, if he pleases, a restitution of his goods, scized under the existing imposts, on his giving security to abide the issue of a suit at law, and at the same time define what shall constitute treason against the State, and by a bill of pains and penalties compel obedience, and punish disobedience to your own laws, are points too obvious to require any discussion. In one word, you must survey the whole ground. You must look to and provide for all possible contingencies. In your own limits, your own courts of judicature must not only be supreme, but you must look to the ultimate issue of any conflict of jurisdiction and power between them and the courts of the United States." 66 This act provides that any goods seized or detained, under pretence of securing the duties, or for the non-payment of duties, or under any process, order, or decree, or other pretext; contrary to the intent and meaning of the ordinance, may be recovered by the owner or consignee by "an act of replevin." That, in case of refusing to deliver them, or removing them so that the replevin cannot be executed, the sheriff may seize the personal estate of the offender to double the amount of the goods; and if any attempt shall be made to retake or seize them, it is the duty of the sheriff to recapture them. And that any person who shall disobey the process, or remove the goods, or any one who shall attempt to retake or seize the goods under pretence of securing the duties, or for nonpayment of duties, or under any process or decree contrary to the intent of the ordinance, shall be fined and imprisoned, besides being liable for any other offence involved in the act. It also provides that any person arrested or imprisoned on any judgment or decree obtained in any federal court for duties, shall be entitled to the benefit secured by the habeas corpus act of the State in cases of unlawful arrest, and may maintain an action for damages; and that, if any estate shall be sold under such judgment or decree, the sale shall be held illegal. It also provides that any jailer who receives a person committed on any process or other judicial proceedings, to enforce the payment of duties, and any one who hires his house as a jail to receive such persons, shall be fined and imprisoned. And, finally, it provides that persons paying duties may recover them back with interest. The next is called "An act to provide for the security and protection of the people of the State of South Carolina." The Governor also asks for power to grant clearances, in violation of the laws of the Union; and, to prepare for the alternative which must happen unless the United States shall passively surrender their authority, and the Executive, disregarding his oath, refrain from executing the laws of the Union, he recommends a thorough revision of the militia This act provides, that, if the Government of the system, and that the Governor "be authorized to United States, or any officer thereof, shall, by the accept, for the defence of Charleston and its de- employment of naval or military force, attempt to pendencies, the services of two thousand volun- coerce the State of South Carolina into submission teers, either by companies or files;" and that they to the acts of Congress declared by the ordinance be formed into a legionary brigade, consisting of null and void, or to resist the enforcement of the infantry, riflemen, cavalry, field and heavy artil- ordinance, or of the laws passed in pursuance lery; and that they be "armed and equipped from thereof, or in case of any armed or forcible resistthe public arsenals, completely for the field; and ance thereto, the Governor is authorized to resist that appropriations be made for supplying all defi- the same, and to order into service the whole, or ciencies in our munitions of war.' In addition to so much of the military force of the State as he these volunteer draughts, he recommends that the may deem necessary; and that in case of any overt Governor be authorized "to accept the services of act of coercion, or intention to commit the same, ten thousand volunteers from the other divisions manifested by an unusual assemblage of naval or of the State, to be organized and arranged in regi-military forces in or near the State, or the occurments and brigades; the officers to be selected by the commander-in-chief; and that this whole force be called the State Guard." rence of any circumstances indicating that armed force is about to be employed against the State, or in resistance to its laws, the Governor is authorized |