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diff --git a/old/jccrs10.txt b/old/jccrs10.txt new file mode 100644 index 0000000..fe9fd53 --- /dev/null +++ b/old/jccrs10.txt @@ -0,0 +1,608 @@ +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 + + +Copyright laws are changing all over the world, be sure to check +the copyright laws for your country before posting these files!! + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +John C. 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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" diff --git a/old/jccrs10.zip b/old/jccrs10.zip Binary files differnew file mode 100644 index 0000000..799d6d3 --- /dev/null +++ b/old/jccrs10.zip |