limitation, and which must necessarily terminate in the loss of liberty itself."

As these resolutions were intended to express the views of the nullifiers; with the intention of setting forth those of the administration, on the following day, Mr. Grundy offered the following resolutions, as substitutes for Mr. Calhoun's.

"Resolved, 1. That, by the constitution of the United States, certain powers are delegated to the general government, and those not delegated nor prohibited to the states, are reserved to the states respectively, or to the people.

"2. That one of the powers expressly granted by the constitution to the general government, and prohibited to the states, is that of laying duties on imports. "3. That the power to lay imposts, is, by the constitution, wholly transferred from the state authorities to the general government, without any reservation of power or right on the part of the states.

“4. That the tariff laws of 1828 and 1832, are exercises of the constitutional powers possessed by the congress of the United States, whatever various opinions may exist as to their policy and justice.

66

5. That an attempt on the part of a state to annul an act of congress passed upon any subject exclusively confided by the constitution to congress, is an encroachment on the rights of the general government.

"6. That attempts to obstruct or prevent the execution of the

several acts of congress imposing duties on imports, whether by ordinances of conventions, or legislative enactments, are not warranted by the constitution, and are dangerous to the political institutions of the country."

These latter resolutions were not deemed by a portion of the senate, fully to set forth the character of the government, and with the view of having placed upon record his opinions upon that point, Mr. Clayton, on the 25th, proposed a resolution setting them forth.

Mr. Clayton remarked, that the amendments of Mr. Grundy, while they declare the several acts of congress laying duties on imports to be constitutional, and deny the power of a single state to annul them, or any other constitutional law, tacitly yield the whole doctrine of nullification, by the implied admission that any unconstitutional law may be judged of by the state in the last resort, and annulled by the same authority. He dissented from this doctrine-and if he had rightly considered the proposed amendments, it became his duty to place on record his own sentiments, and that of the state he in part represented, on this most important subject, affirming the just powers of this government, and repudiating the whole doctrine contended for and asserted in the resolutions of the gentlemen from South Carolina Differing on this subject, as he formerly had in debate here, from the gentlemen from Tennessee, he knew no middle ground on which they could meet, no point

of concession to which he should be willing to go, short of a full recognition of the true principles of the constitution, as asserted in the resolution he was about to offer. He then submitted the following resolution:"Resolved, That the power to amend the several acts of congress imposing duties on imports, or any other law of the United States, when assumed by a single state, is "incompatible with the existence of the Union, contradicted expressly by the letter of the constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed; that the people of these United States are, for the purposes enumerated in their constitution, one people and a single nation, having delegated full power to their common agents to preserve and defend their national interests for the purpose of attaining the great end of all government, the safety and happiness of the governed; that while the constitution does provide for the interest and safety of all the states, it docs not secure all the rights of independent sovereignty to any; that the allegiance of the people is rightfully due as it has been freely given to the general government, to the extent of all the sovereign power expressly ceded to that government by the constitution; that the supreme court of the United States is the proper and only tribunal in the last resort for the decision of all cases in law and equity, arising

under the constitution, the laws of the United States, and treaties made under their authority; that resistance to the laws founded on the inherent and inalienable right of all men to resist oppression, is in its nature revolutionary, and extra-constitutionaland

these

that, entertaining views, the senate of the United States, while willing to concede every thing to any honest difference of opinion which can be yielded consistently with the honour and interest of the nation, will not fail in the faithful discharge of its most solemn duty to support the executive in the just administration of the government, and clothe it with all constitutional power necessary to the faithful execution of the laws and the preservation of the Union."

Mr. C. then gave notice that, whenever the gentleman from Tennessee should move his resolution, by way of amendment, the above would be moved as a substitute for a part of the proposed amendment.

The whole subject was now before congress, and the state legislatures being generally in session, passed resolutions expressing their opinions as to the course which that body ought to adopt.

In those of Massachusetts, Connecticut, New-York, Delaware, Missouri, Tennessee, Indiana, the doctrines of nullification were entirely disclaimed, as destructive to the constitution.

Those of North Carolina and Alabama were no less explicit in condemning nullification, but

they also expressed an opinion, that the tariff was unconstitutional and inexpedient.

The state of Georgia, also, reprobated the doctrine of nullification as unconstitutional, by a vote of 102 to 51, but it denounced the tariff in decided terms, and proposed a convention of the states of Virginia, N. Carolina, S. Carolina, Georgia, Alabama, Tennessee, and Mississippi, to devise measures to obtain relief from that system.

The legislature of Virginia assumed a still more extraordinary ground. The subject was there referred to a committee on the federal relations, where a general discussion was had on the powers of the government, too tedious to be recapitulated, and finally, resolutions were passed, earnestly requesting of S. Carolina not to proceed further under the ordinance of congress, to reduce the import duties to a revenue standard, and delaring that the people of Virginia expect that the general government and the government of S. Carolina will carefully abstain

from all acts calculated to disturb the tranquillity of the country.

After further resolving that they adhere to the principles of the resolutions of 1798, but that they do not consider them as sanctioning the proceedings of South Carolina, or the principles of the president's proclamation; they proceeded to appoint Benjamin W. Leigh, as a commissioner on the part of the state, to proceed to South Carolina, to communicate the resolutions of Virginia, and to express their good will to the people of that state, and their anxious solicitude for an accommodation of the difficulties between them and the general government. The state of New-Hampshire expressed no opinion as to the doctrines of South Carolina, but the legislature passed resolutions in favour of reducing the tariff to the revenue standard.

On the other hand, the legislatures of Massachusetts, Vermont, R. Island, N. Jersey, and Pennsylvania, declared themselves to be opposed to any modification of the tariff.

WHILE the states were thus sustaining their respective views and interests, congress was slowly proceeding in the discussion of the questions belonging to the subject.

In the house, the tariff bill was subjected to an ordeal, that threatened to prove fatal to its passage through that body. The discussion upon its general principles, which ocupied the house for two weeks after its introduction, was resumed from time to time during the examination of its details for the purpose of amendment; and but little prospect appeared of bringing about any satisfactory termination of this long disputed question. Amendment after amendment was introduced, each producing debate, and the session seemed drawing to a close, without any proposition being made, that was calculated to unite the votes of a majority of the house. The authorities of

South Carolina, in the mean time, did not relax in their exertions to increase the military force of the state. Munitions were provided, depots formed, and the militia in the nullifying districts were called upon to volunteer in her defence.

On the other hand, the union party were equally determined not to submit to the nullifying ordinance and laws, and prepared themselves with equal firmness and zeal to sustain the federal authorities. A spark was sufficient to kindle the flame of civil war, but fortunately no accident occurred to bring about a collision. The revenue laws, under the protection of the forces of the federal government, were carried into effect without any opposition by violence.

No attempt was made to enforce the laws under the ordinance, and on the 31st of January, at a meeting of the leading nullifiers at Charleston, afte

reiterating their determination to maintain their principles, and expressing their satisfaction at the proposition to modify the tariff, it was resolved that during the session of congress, all collision be avoided, between the state and federal authorities, in the hope that the controversy might be satisfactorily adjusted. During these proceedings in South Carolina, the enforcing bill, or the bill further providing for the collection of duties, was pressed forward to a vote. The discussion on this bill was commenced on the 28th of January, by Mr. Wilkins, (chairman of the judiciary committee.) Mr. Wilkins said that the bill was founded upon a message from the president, communicated on the 16th inst., and proposed to sustain the constitutionality of the doctrines laid down in that paper. In the outset of the discussion he admitted that the bill pointed to an afflicting state of things existing in a southern state of the Union. So far from being invidious, however, the bill was made general and sweeping, in its terms and application, for the reason that this course was thought to be more delicate in regard to the state concerned. The provisions of the bill were made general, for the purpose of enforcing every where the collection laws of the Union.

The bill, Mr. W. said, presents three very important and momentous considerations: Is there any thing in the circumstances of the country calling for legislation on the subject of the

revenue laws? Is the due administration of those laws threatened with impediments? and is this bill suited to such an emergency? He proposed to consider those points.

It is time, continued Mr. W., that the principles on which the Union depends, were discussed. It is time that congress expressed an opinion upon them. It is time that the people should bring their judgment to bear on this subject, and settle it for ever.

The bill is of great importance, not on account of its particular provisions, but of their application to a rapidly approaching crisis, which they were intended to meet. 'That crisis was in the control of this body, not of any branch of the government. He would now present to the senate a view of the position in which South Carolina had placed herself, in order to justify the committee in reporting the bill under consideration.

The excitement raised in the state, gave to the party a majority in the legislature of the state, and a convention was called, under the provision of the state constitution, authorizing its amendment. The convention met, and passed what is called the ordinance, establishing new and

fundamental principles. Without repeating it, he would call the attention of the senate to some few of its provisions. It overthrew the whole revenue system. It was not limited to the acts of 1828 or 1832, but ended with a solemn declaration that, in that state, no taxes should