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+The Project Gutenberg EBook of Remarks of Mr. Calhoun of South Carolina on
+the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839, by John C. Calhoun
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839
+
+Author: John C. Calhoun
+
+Posting Date: July 23, 2008 [EBook #740]
+Release Date: December, 1996
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK REMARKS OF JOHN C. CALHOUN ***
+
+
+
+
+Produced by Anthony J. Adam
+
+
+
+
+
+
+
+
+
+ John C. Calhoun,
+ "On Nullification and the Force Bill."
+ U.S. Senate,
+ 15 February 1833
+
+
+
+Mr. President:
+
+At the last session of Congress, it was avowed on all sides that the
+public debt, as to all practical purposes, was in fact paid, the small
+surplus remaining being nearly covered by the money in the Treasury and
+the bonds for duties which had already accrued; but with the arrival of
+this event our last hope was doomed to be disappointed. After a long
+session of many months, and the most earnest effort on the part of
+South Carolina and the other Southern States to obtain relief, all that
+could be effected was a small reduction of such a character that, while
+it diminished the amount of burden, it distributed that burden more
+unequally than even the obnoxious Act of 1828; reversing the principle
+adopted by the Bill of 1816, of laying higher duties on the unprotected
+than the protected articles, by repealing almost entirely the duties
+laid upon the former, and imposing the burden almost entirely on the
+latter. It was thus that, instead of relief--instead of an equal
+distribution of burdens and benefits of the government, on the payment
+of the debt, as had been fondly anticipated--the duties were so
+arranged as to be, in fact, bounties on one side and taxation on the
+other; thus placing the two great sections of the country in direct
+conflict in reference to its fiscal action, and thereby letting in that
+flood of political corruption which threatens to sweep away our
+Constitution and our liberty.
+
+This unequal and unjust arrangement was pronounced, both by the
+administration, through its proper organ, the Secretary of the
+Treasury, and by the opposition, to be a *permanent* adjustment; and it
+was thus that all hope of relief through the action of the general
+government terminated; and the crisis so long apprehended at length
+arrived, at which the State was compelled to choose between absolute
+acquiescence in a ruinous system of oppression, or a resort to her
+reserved powers--powers of which she alone was the rightful judge, and
+which only, in this momentous juncture, could save her. She determined
+on the latter.
+
+The consent of two-thirds of her Legislature was necessary for the call
+of a convention, which was considered the only legitimate organ through
+which the people, in their sovereignty, could speak. After an arduous
+struggle the States-rights party succeeded; more than two-thirds of
+both branches of the Legislature favorable to a convention were
+elected; a convention was called--the ordinance adopted. The
+convention was succeeded by a meeting of the Legislature, when the laws
+to carry the ordinance into execution were enacted--all of which have
+been communicated by the President, have been referred to the Committee
+on the Judiciary, and this bill is the result of their labor.
+
+Having now corrected some of the prominent misrepresentations as to the
+nature of this controversy, and given a rapid sketch of the movement of
+the State in reference to it, I will next proceed to notice some
+objections connected with the ordinance and the proceedings under it.
+
+The first and most prominent of these is directed against what is
+called the test oath, which an effort has been made to render odious.
+So far from deserving the denunciation that has been levelled against
+it, I view this provision of the ordinance as but the natural result of
+the doctrines entertained by the State, and the position which she
+occupies. The people of Carolina believe that the Union is a union of
+States, and not of individuals; that it was formed by the States, and
+that the citizens of the several States were bound to it through the
+acts of their several States; that each State ratified the Constitution
+for itself, and that it was only by such ratification of a State that
+any obligation was imposed upon its citizens. Thus believing, it is
+the opinion of the people of Carolina that it belongs to the State
+which has imposed the obligation to declare, in the last resort, the
+extent of this obligation, as far as her citizens are concerned; and
+this upon the plain principles which exist in all analogous cases of
+compact between sovereign bodies. On this principle the people of the
+State, acting in their sovereign capacity in convention, precisely as
+they did in the adoption of their own and the Federal Constitution,
+have declared, by the ordinance, that the acts of Congress which
+imposed duties under the authority to lay imposts, were acts not for
+revenue, as intended by the Constitution, but for protection, and
+therefore null and void. The ordinance thus enacted by the people of
+the State themselves, acting as a sovereign community, is as obligatory
+on the citizens of the State as any portion of the Constitution. In
+prescribing, then, the oath to obey the ordinance, no more was done
+than to prescribe an oath to obey the Constitution. It is, in fact,
+but a particular oath of allegiance, and in every respect similar to
+that which is prescribed, under the Constitution of the United States,
+to be administered to all the officers of the State and Federal
+governments; and is no more deserving the harsh and bitter epithets
+which have been heaped upon it than that or any similar oath. It ought
+to be borne in mind that, according to the opinion which prevails in
+Carolina, the right of resistance to the unconstitutional acts of
+Congress belongs to the State, and not to her individual citizens; and
+that, though the latter may, in a mere question of *meum* and *tuum,*
+resist through the courts an unconstitutional encroachment upon their
+rights, yet the final stand against usurpation rests not with them, but
+with the State of which they are members; and such act of resistance by
+a State binds the conscience and allegiance of the citizen. But there
+appears to be a general misapprehension as to the extent to which the
+State has acted under this part of the ordinance. Instead of sweeping
+every officer by a general proscription of the minority, as has been
+represented in debate, as far as my knowledge extends, not a single
+individual has been removed. The State has, in fact, acted with the
+greatest tenderness, all circumstances considered, toward citizens who
+differed from the majority; and, in that spirit, has directed the oath
+to be administered only in the case of some official act directed to be
+performed in which obedience to the ordinance is involved....
+
+It is next objected that the enforcing acts have legislated the United
+States out of South Carolina. I have already replied to this objection
+on another occasion, and will now but repeat what I then said: that
+they have been legislated out only to the extent that they had no right
+to enter. The Constitution has admitted the jurisdiction of the United
+States within the limits of the several States only so far as the
+delegated powers authorize; beyond that they are intruders, and may
+rightfully be expelled; and that they have been efficiently expelled by
+the legislation of the State through her civil process, as has been
+acknowledged on all sides in the debate, is only a confirmation of the
+truth of the doctrine for which the majority in Carolina have contended.
+
+The very point at issue between the two parties there is, whether
+nullification is a peaceful and an efficient remedy against an
+unconstitutional act of the general government, and may be asserted, as
+such, through the State tribunals. Both parties agree that the acts
+against which it is directed are unconstitutional and oppressive. The
+controversy is only as to the means by which our citizens may be
+protected against the acknowledged encroachments on their rights. This
+being the point at issue between the parties, and the very object of
+the majority being an efficient protection of the citizens through the
+State tribunals, the measures adopted to enforce the ordinance, of
+course, received the most decisive character. We were not children,
+to act by halves. Yet for acting thus efficiently the State is
+denounced, and this bill reported, to overrule, by military force, the
+civil tribunal and civil process of the State! Sir, I consider this
+bill, and the arguments which have been urged on this floor in its
+support, as the most triumphant acknowledgment that nullification is
+peaceful and efficient, and so deeply intrenched in the principles of
+our system, that it cannot be assailed but by prostrating the
+Constitution, and substituting the supremacy of military force in lieu
+of the supremacy of the laws. In fact, the advocates of this bill
+refute their own argument. They tell us that the ordinance is
+unconstitutional; that it infracts the Constitution of South Carolina,
+although, to me, the objection appears absurd, as it was adopted by the
+very authority which adopted the Constitution itself. They also tell
+us that the Supreme Court is the appointed arbiter of all controversies
+between a State and the general government. Why, then, do they not
+leave this controversy to that tribunal? Why do they not confide to
+them the abrogation of the ordinance, and the laws made in pursuance of
+it, and the assertion of that supremacy which they claim for the laws
+of Congress? The State stands pledged to resist no process of the
+court. Why, then, confer on the President the extensive and unlimited
+powers provided in this bill? Why authorize him to use military force
+to arrest the civil process of the State? But one answer can be given:
+That, in a contest between the State and the general government, if the
+resistance be limited on both sides to the civil process, the State, by
+its inherent sovereignty, standing upon its reserved powers, will prove
+too powerful in such a controversy, and must triumph over the Federal
+government, sustained by its delegated and limited authority; and in
+this answer we have an acknowledgment of the truth of those great
+principles for which the State has so firmly and nobly contended....
+
+Notwithstanding all that has been said, I may say that neither the
+Senator from Delaware (Mr. Clayton), nor any other who has spoken on
+the same side, has directly and fairly met the great question at issue:
+Is this a Federal Union? a union of States, as distinct from that of
+individuals? Is the sovereignty in the several States, or in the
+American people in the aggregate? The very language which we are
+compelled to use when speaking of our political institutions affords
+proof conclusive as to its real character. The terms union, federal,
+united, all imply a combination of sovereignties, a confederation of
+States. They never apply to an association of individuals. Who ever
+heard of the United State of New York, of Massachusetts, or of
+Virginia? Who ever heard the term federal or union applied to the
+aggregation of individuals into one community? Nor is the other point
+less clear--that the sovereignty is in the several States, and that our
+system is a union of twenty-four sovereign powers, under a
+constitutional compact, and not of a divided sovereignty between the
+States severally and the United States? In spite of all that has been
+said, I maintain that sovereignty is in its nature indivisible. It is
+the supreme power in a State, and we might just as well speak of half a
+square, or half of a triangle, as of half a sovereignty. It is a gross
+error to confound the *exercise* of sovereign powers with *sovereignty*
+itself, or the *delegation* of such powers with the *surrender* of
+them. A sovereign may delegate his powers to be exercised by as many
+agents as he may think proper, under such conditions and with such
+limitations as he may impose; but to surrender any portion of his
+sovereignty to another is to annihilate the whole. The Senator from
+Delaware (Mr. Clayton) calls this metaphysical reasoning, which he says
+he cannot comprehend. If by metaphysics he means that scholastic
+refinement which makes distinctions without difference, no one can hold
+it in more utter contempt than I do; but if, on the contrary, he means
+the power of analysis and combination--that power which reduces the
+most complex idea into its elements, which traces causes to their first
+principle, and, by the power of generalization and combination, unites
+the whole in one harmonious system--then, so far from deserving
+contempt, it is the highest attribute of the human mind. It is the
+power which raises man above the brute--which distinguishes his
+faculties from mere sagacity, which he holds in common with inferior
+animals. It is this power which has raised the astronomer from being a
+mere gazer at the stars to the high intellectual eminence of a Newton
+or a Laplace, and astronomy itself from a mere observation of isolated
+facts into that noble science which displays to our admiration the
+system of the universe. And shall this high power of the mind, which
+has effected such wonders when directed to the laws which control the
+material world, be forever prohibited, under a senseless cry of
+metaphysics, from being applied to the high purposes of political
+science and legislation? I hold them to be subject to laws as fixed as
+matter itself, and to be as fit a subject for the application of the
+highest intellectual power. Denunciation may, indeed, fall upon the
+philosophical inquirer into these first principles, as it did upon
+Galileo and Bacon, when they first unfolded the great discoveries which
+have immortalized their names; but the time will come when truth will
+prevail in spite of prejudice and denunciation, and when politics and
+legislation will be considered as much a science as astronomy and
+chemistry.
+
+In connection with this part of the subject, I understood the Senator
+from Virginia (Mr. Rives) to say that sovereignty was divided, and that
+a portion remained with the States severally, and that the residue was
+vested in the Union. By Union, I suppose, the Senator meant the United
+States. If such be his meaning--if he intended to affirm that the
+sovereignty was in the twenty-four States, in whatever light he may
+view them, our opinions will not disagree; but according to my
+conception, the whole sovereignty is in the several States, while the
+exercise of sovereign power is divided--a part being exercised under
+compact, through this general government, and the residue through the
+separate State governments. But if the Senator from Virginia (Mr.
+Rives) means to assert that the twenty-four States form but one
+community, with a single sovereign power as to the objects of the
+Union, it will be but the revival of the old question, of whether the
+Union is a union between States, as distinct communities, or a mere
+aggregate of the American people, as a mass of individuals; and in this
+light his opinions would lead directly to consolidation....
+
+Disguise it as you may, the controversy is one between power and
+liberty; and I tell the gentlemen who are opposed to me, that, as
+strong as may be the love of power on their side, the love of liberty
+is still stronger on ours. History furnishes many instances of similar
+struggles, where the love of liberty has prevailed against power under
+every disadvantage, and among them few more striking than that of our
+own Revolution; where, as strong as was the parent country, and feeble
+as were the Colonies, yet, under the impulse of liberty, and the
+blessing of God, they gloriously triumphed in the contest. There are,
+indeed, many striking analogies between that and the present
+controversy. They both originated substantially in the same
+cause--with this difference--in the present case, the power of taxation
+is converted into that of regulating industry; in the other the power
+of regulating industry, by the regulation of commerce, was attempted to
+be converted into the power of taxation. Were I to trace the analogy
+further, we should find that the perversion of the taxing power, in the
+one case, has given precisely the same control to the northern section
+over the industry of the southern section of the Union, which the power
+to regulate commerce gave to Great Britain over the industry of the
+Colonies in the other; and that the very articles in which the Colonies
+were permitted to have a free trade, and those in which the
+mother-country had a monopoly, are almost identically the same as those
+in which the Southern States are permitted to have a free trade by the
+Act of 1832, and in which the Northern States have, by the same act,
+secured a monopoly. The only difference is in the means. In the
+former, the Colonies were permitted to have a free trade with all
+countries south of Cape Finisterre, a cape in the northern part of
+Spain; while north of that, the trade of the Colonies was prohibited,
+except through the mother-country, by means of her commercial
+regulations. If we compare the products of the country north and south
+of Cape Finisterre, we shall find them almost identical with the list
+of last year. Nor does the analogy terminate here. The very arguments
+resorted to at the commencement of the American Revolution, and the
+measures adopted, and the motives assigned to bring on that contest (to
+enforce the law), are almost identically the same.
+
+But to return from this digression to the consideration of the bill.
+Whatever difference of opinion may exist upon other points, there is
+one on which I should suppose there can be none; that this bill rests
+upon principles which, if carried out, will ride over State
+sovereignties, and that it will be idle for any advocates hereafter to
+talk of State rights. The Senator from Virginia (Mr. Rives) says that
+he is the advocate of State rights; but he must permit me to tell him
+that, although he may differ in premises from the other gentlemen with
+whom he acts on this occasion, yet, in supporting this bill, he
+obliterates every vestige of distinction between him and them, saving
+only that, professing the principles of '98, his example will be more
+pernicious than that of the most open and bitter opponent of the rights
+of the States. I will also add, what I am compelled to say, that I
+must consider him (Mr. Rives) as less consistent than our old
+opponents, whose conclusions were fairly drawn from their premises,
+while his premises ought to have led him to opposite conclusions. The
+gentleman has told us that the new-fangled doctrines, as he chooses to
+call them, have brought State rights into disrepute. I must tell him,
+in reply, that what he calls new-fangled are but the doctrines of '98;
+and that it is he (Mr. Rives), and others with him, who, professing
+these doctrines, have degraded them by explaining away their meaning
+and efficacy.
+
+He (Mr. R.) has disclaimed, in behalf of Virginia, the authorship of
+nullification. I will not dispute that point. If Virginia chooses to
+throw away one of her brightest ornaments, she must not hereafter
+complain that it has become the property of another. But while I have,
+as a representatives of Carolina, no right to complain of the disavowal
+of the Senator from Virginia, I must believe that he (Mr. R.) has done
+his native State great injustice by declaring on this floor, that when
+she gravely resolved, in '98, that "in cases of deliberate and
+dangerous infractions of the Constitution, the States, as parties to
+the compact, have the right, and are in duty bound, to interpose to
+arrest the progress of the evil, and to maintain within their
+respective limits the authorities, rights, and liberties appertaining
+to them," she meant no more than to proclaim the right to protest and
+to remonstrate. To suppose that, in putting forth so solemn a
+declaration, which she afterward sustained by so able and elaborate an
+argument, she meant no more than to assert what no one had ever denied,
+would be to suppose that the State had been guilty of the most
+egregious trifling that ever was exhibited on so solemn an occasion.
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Remarks of Mr. Calhoun of South
+Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839, by John C. Calhoun
+
+*** END OF THIS PROJECT GUTENBERG EBOOK REMARKS OF JOHN C. CALHOUN ***
+
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+The Project Gutenberg Etext of
+**John C. Calhoun's Remarks to the Senate of the United States**
+"ON NULLIFICATION AND THE FORCE BILL"
+#1 in our series by John C. Calhoun
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+
+John C. Calhoun, "On Nullification and the Force Bill."
+U.S. Senate, 15 February 1833
+
+
+
+Mr. President:
+
+At the last session of Congress, it was avowed on all sides that
+the public debt, as to all practical purposes, was in fact paid,
+the small surplus remaining being nearly covered by the money in
+the Treasury and the bonds for duties which had already accrued;
+but with the arrival of this event our last hope was doomed to be
+disappointed. After a long session of many months, and the most
+earnest effort on the part of South Carolina and the other
+Southern States to obtain relief, all that could be effected was
+a small reduction of such a character that, while it diminished
+the amount of burden, it distributed that burden more unequally
+than even the obnoxious Act of 1828; reversing the principle
+adopted by the Bill of 1816, of laying higher duties on the
+unprotected than the protected articles, by repealing almost
+entirely the duties laid upon the former, and imposing the burden
+almost entirely on the latter. It was thus that, instead of
+relief-- instead of an equal distribution of burdens and benefits
+of the government, on the payment of the debt, as had been fondly
+anticipated--the duties were so arranged as to be, in fact,
+bounties on one side and taxation on the other; thus placing the
+two great sections of the country in direct conflict in reference
+to its fiscal action, and thereby letting in that flood of
+political corruption which threatens to sweep away our
+Constitution and our liberty.
+
+This unequal and unjust arrangement was pronounced, both by the
+administration, through its proper organ, the Secretary of the
+Treasury, and by the opposition, to be a *permanent* adjustment;
+and it was thus that all hope of relief through the action of the
+general government terminated; and the crisis so long apprehended
+at length arrived, at which the State was compelled to choose
+between absolute acquiescence in a ruinous system of oppression,
+or a resort to her reserved powers--powers of which she alone was
+the rightful judge, and which only, in this momentous juncture,
+could save her. She determined on the latter.
+
+The consent of two-thirds of her Legislature was necessary for
+the call of a convention, which was considered the only
+legitimate organ through which the people, in their sovereignty,
+could speak. After an arduous struggle the States-rights party
+succeeded; more than two-thirds of both branches of the
+Legislature favorable to a convention were elected; a convention
+was called--the ordinance adopted. The convention was succeeded
+by a meeting of the Legislature, when the laws to carry the
+ordinance into execution were enacted--all of which have been
+communicated by the President, have been referred to the
+Committee on the Judiciary, and this bill is the result of their
+labor.
+
+Having now corrected some of the prominent misrepresentations as
+to the nature of this controversy, and given a rapid sketch of
+the movement of the State in reference to it, I will next proceed
+to notice some objections connected with the ordinance and the
+proceedings under it.
+
+The first and most prominent of these is directed against what is
+called the test oath, which an effort has been made to render
+odious. So far from deserving the denunciation that has been
+levelled against it, I view this provision of the ordinance as
+but the natural result of the doctrines entertained by the
+State, and the position which she occupies. The people of
+Carolina believe that the Union is a union of States, and not of
+individuals; that it was formed by the States, and that the
+citizens of the several States were bound to it through the acts
+of their several States; that each State ratified the
+Constitution for itself, and that it was only by such
+ratification of a State that any obligation was imposed upon its
+citizens. Thus believing, it is the opinion of the people of
+Carolina that it belongs to the State which has imposed the
+obligation to declare, in the last resort, the extent of this
+obligation, as far as her citizens are concerned; and this upon
+the plain principles which exist in all analogous cases of
+compact between sovereign bodies. On this principle the people
+of the State, acting in their sovereign capacity in convention,
+precisely as they did in the adoption of their own and the
+Federal Constitution, have declared, by the ordinance, that the
+acts of Congress which imposed duties under the authority to lay
+imposts, were acts not for revenue, as intended by the
+Constitution, but for protection, and therefore null and void.
+The ordinance thus enacted by the people of the State themselves,
+acting as a sovereign community, is as obligatory on the citizens
+of the State as any portion of the Constitution. In prescribing,
+then, the oath to obey the ordinance, no more was done than to
+prescribe an oath to obey the Constitution. It is, in fact, but
+a particular oath of allegiance, and in every respect similar to
+that which is prescribed, under the Constitution of the United
+States, to be administered to all the officers of the State and
+Federal governments; and is no more deserving the harsh and
+bitter epithets which have been heaped upon it than that or any
+similar oath. It ought to be borne in mind that, according to
+the opinion which prevails in Carolina, the right of resistance
+to the unconstitutional acts of Congress belongs to the State,
+and not to her individual citizens; and that, though the latter
+may, in a mere question of *meum* and *tuum,* resist through the
+courts an unconstitutional encroachment upon their rights, yet
+the final stand against usurpation rests not with them, but with
+the State of which they are members; and such act of resistance
+by a State binds the conscience and allegiance of the citizen.
+But there appears to be a general misapprehension as to the
+extent to which the State has acted under this part of the
+ordinance. Instead of sweeping every officer by a general
+proscription of the minority, as has been represented in debate,
+as far as my knowledge extends, not a single individual has been
+removed. The State has, in fact, acted with the greatest
+tenderness, all circumstances considered, toward citizens who
+differed from the majority; and, in that spirit, has directed the
+oath to be administered only in the case of some official act
+directed to be performed in which obedience to the ordinance is
+involved....
+
+It is next objected that the enforcing acts have legislated the
+United States out of South Carolina. I have already replied to
+this objection on another occasion, and will now but repeat what
+I then said: that they have been legislated out only to the
+extent that they had no right to enter. The Constitution has
+admitted the jurisdiction of the United States within the limits
+of the several States only so far as the delegated powers
+authorize; beyond that they are intruders, and may rightfully be
+expelled; and that they have been efficiently expelled by the
+legislation of the State through her civil process, as has been
+acknowledged on all sides in the debate, is only a confirmation
+of the truth of the doctrine for which the majority in Carolina
+have contended.
+
+The very point at issue between the two parties there is,
+whether nullification is a peaceful and an efficient remedy
+against an unconstitutional act of the general government, and
+may be asserted, as such, through the State tribunals. Both
+parties agree that the acts against which it is directed are
+unconstitutional and oppressive. The controversy is only as to
+the means by which our citizens may be protected against the
+acknowledged encroachments on their rights. This being the point
+at issue between the parties, and the very object of the majority
+being an efficient protection of the citizens through the State
+tribunals, the measures adopted to enforce the ordinance, of
+course, received the most decisive character. We were not
+children, to act by halves. Yet for acting thus efficiently the
+State is denounced, and this bill reported, to overrule, by
+military force, the civil tribunal and civil process of the
+State! Sir, I consider this bill, and the arguments which have
+been urged on this floor in its support, as the most triumphant
+acknowledgment that nullification is peaceful and efficient, and
+so deeply intrenched in the principles of our system, that it
+cannot be assailed but by prostrating the Constitution, and
+substituting the supremacy of military force in lieu of the
+supremacy of the laws. In fact, the advocates of this bill
+refute their own argument. They tell us that the ordinance is
+unconstitutional; that it infracts the Constitution of South
+Carolina, although, to me, the objection appears absurd, as it
+was adopted by the very authority which adopted the Constitution
+itself. They also tell us that the Supreme Court is the
+appointed arbiter of all controversies between a State and the
+general government. Why, then, do they not leave this
+controversy to that tribunal? Why do they not confide to them
+the abrogation of the ordinance, and the laws made in pursuance
+of it, and the assertion of that supremacy which they claim for
+the laws of Congress? The State stands pledged to resist no
+process of the court. Why, then, confer on the President the
+extensive and unlimited powers provided in this bill? Why
+authorize him to use military force to arrest the civil process
+of the State? But one answer can be given: That, in a contest
+between the State and the general government, if the resistance
+be limited on both sides to the civil process, the State, by its
+inherent sovereignty, standing upon its reserved powers, will
+prove too powerful in such a controversy, and must triumph over
+the Federal government, sustained by its delegated and limited
+authority; and in this answer we have an acknowledgment of the
+truth of those great principles for which the State has so firmly
+and nobly contended....
+
+Notwithstanding all that has been said, I may say that neither
+the Senator from Delaware (Mr. Clayton), nor any other who has
+spoken on the same side, has directly and fairly met the great
+question at issue: Is this a Federal Union? a union of States, as
+distinct from that of individuals? Is the sovereignty in the
+several States, or in the American people in the aggregate? The
+very language which we are compelled to use when speaking of our
+political institutions affords proof conclusive as to its real
+character. The terms union, federal, united, all imply a
+combination of sovereignties, a confederation of States. They
+never apply to an association of individuals. Who ever heard of
+the United State of New York, of Massachusetts, or of Virginia?
+Who ever heard the term federal or union applied to the
+aggregation of individuals into one community? Nor is the other
+point less clear--that the sovereignty is in the several States,
+and that our system is a union of twenty-four sovereign powers,
+under a constitutional compact, and not of a divided sovereignty
+between the States severally and the United States? In spite of
+all that has been said, I maintain that sovereignty is in its
+nature indivisible. It is the supreme power in a State, and we
+might just as well speak of half a square, or half of a triangle,
+as of half a sovereignty. It is a gross error to confound the
+*exercise* of sovereign powers with *sovereignty* itself, or the
+*delegation* of such powers with the *surrender* of them. A
+sovereign may delegate his powers to be exercised by as many
+agents as he may think proper, under such conditions and with
+such limitations as he may impose; but to surrender any portion
+of his sovereignty to another is to annihilate the whole. The
+Senator from Delaware (Mr. Clayton) calls this metaphysical
+reasoning, which he says he cannot comprehend. If by metaphysics
+he means that scholastic refinement which makes distinctions
+without difference, no one can hold it in more utter contempt
+than I do; but if, on the contrary, he means the power of
+analysis and combination--that power which reduces the most
+complex idea into its elements, which traces causes to their
+first principle, and, by the power of generalization and
+combination, unites the whole in one harmonious system--then, so
+far from deserving contempt, it is the highest attribute of the
+human mind. It is the power which raises man above the
+brute--which distinguishes his faculties from mere sagacity,
+which he holds in common with inferior animals. It is this power
+which has raised the astronomer from being a mere gazer at the
+stars to the high intellectual eminence of a Newton or a Laplace,
+and astronomy itself from a mere observation of isolated facts
+into that noble science which displays to our admiration the
+system of the universe. And shall this high power of the mind,
+which has effected such wonders when directed to the laws which
+control the material world, be forever prohibited, under a
+senseless cry of metaphysics, from being applied to the high
+purposes of political science and legislation? I hold them to be
+subject to laws as fixed as matter itself, and to be as fit a
+subject for the application of the highest intellectual power.
+Denunciation may, indeed, fall upon the philosophical inquirer
+into these first principles, as it did upon Galileo and Bacon,
+when they first unfolded the great discoveries which have
+immortalized their names; but the time will come when truth will
+prevail in spite of prejudice and denunciation, and when politics
+and legislation will be considered as much a science as astronomy
+and chemistry.
+
+In connection with this part of the subject, I understood the
+Senator from Virginia (Mr. Rives) to say that sovereignty was
+divided, and that a portion remained with the States severally,
+and that the residue was vested in the Union. By Union, I
+suppose, the Senator meant the United States. If such be his
+meaning--if he intended to affirm that the sovereignty was in the
+twenty-four States, in whatever light he may view them, our
+opinions will not disagree; but according to my conception, the
+whole sovereignty is in the several States, while the exercise of
+sovereign power is divided--a part being exercised under compact,
+through this general government, and the residue through the
+separate State governments. But if the Senator from Virginia
+(Mr. Rives) means to assert that the twenty-four States form but
+one community, with a single sovereign power as to the objects of
+the Union, it will be but the revival of the old question, of
+whether the Union is a union between States, as distinct
+communities, or a mere aggregate of the American people, as a
+mass of individuals; and in this light his opinions would lead
+directly to consolidation....
+
+Disguise it as you may, the controversy is one between power and
+liberty; and I tell the gentlemen who are opposed to me, that, as
+strong as may be the love of power on their side, the love of
+liberty is still stronger on ours. History furnishes many
+instances of similar struggles, where the love of liberty has
+prevailed against power under every disadvantage, and among them
+few more striking than that of our own Revolution; where, as
+strong as was the parent country, and feeble as were the
+Colonies, yet, under the impulse of liberty, and the blessing of
+God, they gloriously triumphed in the contest. There are,
+indeed, many striking analogies between that and the present
+controversy. They both originated substantially in the same
+cause--with this difference--in the present case, the power of
+taxation is converted into that of regulating industry; in the
+other the power of regulating industry, by the regulation of
+commerce, was attempted to be converted into the power of
+taxation. Were I to trace the analogy further, we should find
+that the perversion of the taxing power, in the one case, has
+given precisely the same control to the northern section over the
+industry of the southern section of the Union, which the power to
+regulate commerce gave to Great Britain over the industry of the
+Colonies in the other; and that the very articles in which the
+Colonies were permitted to have a free trade, and those in which
+the mother-country had a monopoly, are almost identically the
+same as those in which the Southern States are permitted to have
+a free trade by the Act of 1832, and in which the Northern States
+have, by the same act, secured a monopoly. The only difference
+is in the means. In the former, the Colonies were permitted to
+have a free trade with all countries south of Cape Finisterre, a
+cape in the northern part of Spain; while north of that, the
+trade of the Colonies was prohibited, except through the
+mother-country, by means of her commercial regulations. If we
+compare the products of the country north and south of Cape
+Finisterre, we shall find them almost identical with the list of
+last year. Nor does the analogy terminate here. The very
+arguments resorted to at the commencement of the American
+Revolution, and the measures adopted, and the motives assigned to
+bring on that contest (to enforce the law), are almost
+identically the same.
+
+But to return from this digression to the consideration of the
+bill. Whatever difference of opinion may exist upon other
+points, there is one on which I should suppose there can be none;
+that this bill rests upon principles which, if carried out, will
+ride over State sovereignties, and that it will be idle for any
+advocates hereafter to talk of State rights. The Senator from
+Virginia (Mr. Rives) says that he is the advocate of State
+rights; but he must permit me to tell him that, although he may
+differ in premises from the other gentlemen with whom he acts on
+this occasion, yet, in supporting this bill, he obliterates every
+vestige of distinction between him and them, saving only that,
+professing the principles of '98, his example will be more
+pernicious than that of the most open and bitter opponent of the
+rights of the States. I will also add, what I am compelled to
+say, that I must consider him (Mr. Rives) as less consistent than
+our old opponents, whose conclusions were fairly drawn from their
+premises, while his premises ought to have led him to opposite
+conclusions. The gentleman has told us that the new-fangled
+doctrines, as he chooses to call them, have brought State rights
+into disrepute. I must tell him, in reply, that what he calls
+new- fangled are but the doctrines of '98; and that it is he (Mr.
+Rives), and others with him, who, professing these doctrines,
+have degraded them by explaining away their meaning and efficacy.
+ He (Mr. R.) has disclaimed, in behalf of Virginia, the
+authorship of nullification. I will not dispute that point. If
+Virginia chooses to throw away one of her brightest ornaments,
+she must not hereafter complain that it has become the property
+of another. But while I have, as a representatives of Carolina,
+no right to complain of the disavowal of the Senator from
+Virginia, I must believe that he (Mr. R.) has done his native
+State great injustice by declaring on this floor, that when she
+gravely resolved, in '98, that "in cases of deliberate and
+dangerous infractions of the Constitution, the States, as parties
+to the compact, have the right, and are in duty bound, to
+interpose to arrest the progress of the evil, and to maintain
+within their respective limits the authorities, rights, and
+liberties appertaining to them," she meant no more than to
+proclaim the right to protest and to remonstrate. To suppose
+that, in putting forth so solemn a declaration, which she
+afterward sustained by so able and elaborate an argument, she
+meant no more than to assert what no one had ever denied, would
+be to suppose that the State had been guilty of the most
+egregious trifling that ever was exhibited on so solemn an
+occasion.
+
+
+
+
+
+END OF PROJECT GUTENBERG ETEXT OF
+**John C. Calhoun's Remarks to the Senate of the United States**
+"ON NULLIFICATION AND THE FORCE BILL"
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