asking for powers to enforce the tariff laws of the United States and if necessary to remove the custom-houses to safe places. In his proclamation he declared that the Constitution of the United States forms a government, not a league; that it is a government that acts on the people individually and not on the States, and whether it be formed by compact between the States or in any other manner its character is the same. "The States retained all the power of the government," he said, "they did not grant but each State, having expressly parted with so many powers as to constitute, jointly with the other States, a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation." South Carolinian-Jackson supposed he was born in South Carolina, though his biographer, Parton, says it was in North Carolina, near the line-he earnestly pleaded with his fellow-citizens not to resist the laws of the United States.' He had previously at a dinner in celebration of Jefferson's birthday, when nullification sentiments had been advanced, given as his toast: "Our Federal Union: it must be preserved."

As a

It was generally said and believed that Jackson had threatened to hang Calhoun as high

1 Jackson's proclamation, Elliot's Debates, 582. Elliot's Debates were published by authority of Congress, Calhoun highly praising them. See his letter in the beginning of vol. i.

as Haman if the law was resisted. This from Jackson was no idle threat. There had been. no other President of such inflexible will. No other general ever assumed the authority he did in the Indian wars and in that of 1812. He had fought those campaigns and gained the battle of New Orleans, suffering at times agony from old wounds received in a street brawl, that would have disabled any ordinary commander. Thrice when in command he had exercised the power of punishing capitally; he had hanged Arbuthnot and Ambrister; again, he had a militiaman shot; and at the close of the war had permitted the execution of six Tennesseeans, though they pleaded in defence, and probably believed, that their time of enlistment had ended. The threat of hanging, however, did not daunt Calhoun, who declared boldly, perhaps pathetically, that Carolina alone would resist, even to death itself.

Mr. Clay, as on other occasions where a great crisis had arisen, effected a compromise. A force bill to collect duties, which South Carolina strenuously opposed, was enacted by large majorities in the Senate and House of Representatives; and a bill was afterwards passed gradually reducing the import duties then levied, which Calhoun and South Carolina assented to.

CHAPTER II.

THE NATIONALITY OF THE CONSTITUTION.

THE claim of South Carolina, at the time of her threatened nullification and secession, and of the South at the period of our civil war, is, that the Constitution which the States adopted formed them into a confederacy and not a nation. It is admitted, and is not denied, that if the government established was national there can be no valid claim of a component part to treat its laws as of no validity, a nullity, or to dissolve it at its will.

Indeed, Calhoun, the great expounder of the nullification and secession doctrine, considered this to be a vital matter, and always insisted that the United States was not a nation. He complained that the reporters made him say, "this Nation instead of this Union." "I never use the word nation in speaking of the United States; I always use the word union or confederacy. We are not a nation, but a union, a confederacy of equal and sovereign States. England is a nation, Austria is a nation, Russia is a nation, but the United States are not a nation."

1

The South during the civil war claimed that the States made the government of the United 1 Great Senators, by Oliver Dyer, p. 153.

States, and that the States were and remained independent sovereign nations. And each State being an independent sovereign nation, had the right to decide whether the power it had given to the United States Government was properly exercised by its Legislature or its officers, and to declare and treat as a nullity and as void any law passed, any act done in excess of that authority, and to withdraw from the Confederacy-that is, to secede, at its will.

It will at once be seen, as the time during which the Union is to endure is not limited in the Constitution, that, if this right of secession exists, a State could leave the day after it adopted the Constitution. The Union is either perpetual or dissoluble at pleasure. In the secession ordinances passed by the Southern States at the commencement of the civil war the ground was taken that the States of their sovereign right and will resumed their place as independent nations. That is, the duration of the Union was from the very beginning at the caprice of each and every State. No less, if the doctrine of nullification be correct, that each State can declare and treat as null and void the acts of the United States it deems beyond the powers it has granted, it can nullify and make void the laws of the United States, all the acts of its officers, all the judiciary proceedings at its caprice.

Nor is it extravagant to say caprice. South Carolina's nullification and secession acts and

resolves in 1832 were on the ground of the unconstitutionality of a protective tariff. There had been a great number of protective tariffs enacted before, which South Carolina had favored. by her votes, and the second law of the United States, enacted at the commencement of the government, at the first session of the first Congress, was for the protection and encouragement of manufactures. Its preamble is: “Whereas, it is necessary for the support of government, for the discharge of the debts of the United States, and the encouragement and protection of manufactures, that duties be laid on goods, wares, and merchandise imported." Madison,' who was the leader of the House of Representatives in this first Congress, wrote that no one questioned the right of making protective duties. Billions of dollars have been levied by the collection of protective duties from the beginning of the government to the present day. No litigant paying duties even as excessive as those on pearl buttons and tin plates, nor lawyer, a class not diffident in advancing untenable claims, has been found, as far as we know, to question before the Supreme Court the legality of these duties, because they were protective or paid this slight reverence to a doctrine in support of which South Carolina threatened war and secession.

1 See 4 Elliot's Debates, pp. 345 and 349, showing at the inception and in the early period of our government protective duties were apparently universally approved by Congress and the Presidents.