Mr. CALHOUN: If the gentleman will refer to the journals, he will find, that in August after this, the convention refused to give this Government any power to negative State laws interfering with the general interests and harmony of the Union. [FEB. 7, 1833. The South Carolina has supposed, for the purpose of deter-advert to the fact, that the second section of the third mining that the General Government should not check article expressly extends the judicial power to all "conState legislation when contrary to its own, but because troversies to which the United States shall be a party;" they had, at that time, seen the impropriety of conferring and ordains that, in those cases in which a State shall be judicial power on a legislative body; and, accordingly, a party, the Supreme Court shall have original jurisdicon the very next day, being the 18th of July, they "unani- tion. A prevailing error of the gentleman from South mously resolved, that the jurisdiction of the National Carolina, in all his expositions of the constitution, in relaJudiciary shall extend to cases arising under laws passed tion to this subject, appears to me to consist in this: that by the General Legislature, and to such other questions he supposes this Government, in order to enforce its laws, as involve the national peace and harmony." in defiance of the ordinance of South Carolina, must be first driven into a law-suit with that State as a State; but no such suit is necessary or would now be proper. object of the bill before us is to enforce obedience from. the citizens of South Carolina, as American citizens, not to punish the State, or to declare "war against her for Mr. CLAYTON: True, sir. On the 23d of August, her unjustifiable ordinance." We do not recognise her after the important provisions of the judiciary or third right to assume the attitude of a belligerent nation towards article of the constitution were arranged and agreed to, this Government, or any of her sister States; and we claim it was moved and seconded to agree to the following pro- no right to make war upon her as a sovereign and indeposition, as an additional power to be vested in the Legis-pendent State. On the contrary, we expressly repudiate lature of the United States: "To negative all laws pass- the whole doctrine which holds her up as a foreign nation: ed by the several States, interfering, in the opinion of the we concur with Luther Martin, that allegiance is due from Legislature, with the general interests and harmony of her citizens to the United States, and that, if they levy the Union, provided two-thirds of the members of each war against this Government, they incur, by that act, all House assent to the same." And, after an unsuccessful the pains and penalties of treason. Nevertheless, I will effort to commit this proposition, it was withdrawn. It take the pains to refute the argument drawn by the genwas not adopted, clearly because it was a new proposition tleman from South Carolina, in his letter to Governor to confer judicial power on the National Legislature after Hamilton, from the journals of the convention, touching the convention had resolved to confer all the power ne- the power of the Supreme Court to decide a controversy cessary for checking State legislation on the National Ju- between the United States and one of the States. It diciary. No body of men ever was more sensible of the is truly stated in that letter, that, on the 20th of August, necessity of keeping separate the judicial, the legislative, 1787, the following, among other propositions, was reand the executive power, than that which framed the ferred to the committee of five: "The jurisdiction of the American constitution was at this period; and yet, their Supreme Court shall be extended to all controversies bedetermination to separate these different departments of tween the United States and an individual State, or the the Government, is the very circumstance relied upon on United States and the citizens of an individual State;" the part of South Carolina to demonstrate the want of any but the historical information given by the gentleman in judicial control over her State legislation. Proposals to that letter is essentially erroneous; for the writer supposes blend judicial with legislative power, rejected, as they that the subject was never moved in convention again. were, by the convention, are construed into propositions So far from this being true, it appears from the journals, to take from the States the power of placing their own that, on the 22d of August, the honorable Mr. Rutledge, construction upon the articles of union; and we are from South Carolina, chairman of the committee to whom gravely told by the South Carolina convention, and by her this and other propositions were referred, reported in Senator here, that these votes evince the determination favor of it. The last sentence of the report is in the folof the States never to part with the right to judge whe-lowing words: Between the fourth and fifth lines of the ther the acts of the Federal Legislature were, or were third section of the eleventh article, after the word 'connot, an infringement of these articles. troversies,' insert between the United States and an individual person. Mr. CALHOUN. What I have denied is, that that report was ever adopted by the convention. There is one class of cases in which the National Legislature exercises the power of revision and control over State legislation. The States are prohibited, without the consent of Congress, to lay any imposts or duties on imports Mr. CLAYTON: Then the gentleman is entirely misor exports, except what may be absolutely necessary for taken; for as appears by the journal of the convention of executing their inspection laws; and it is provided that the 27th of August, just five days after the report was all such laws shall be subject to the revision and control made, while the convention was engaged in considering of Congress. On the 15th September, 1787, it was moved the draught of the constitution, reported on the 6th of in convention, to strike out this proviso, the effect of August by the committee of five, the 3d section of the which motion, if successful, would have been to subject 11th article in that draught came before the House, which these State inspection laws to the supervision of the Na- was in the following words: "Article eleventh, section tional Judiciary, but not of the National Legislature. The third. The jurisdiction of the Supreme Court shall exmotion failed, and the retention of this power of revision tend to all cases arising under laws passed by the Legis and control in Congress clearly exhibits the exceeding lature of the United States; to all cases affecting ambas jealousy, on the part of the convention, of any State in-sadors, other public ministers and consuls; to the trial of terference on the great subject of imports and duties, over impeachments of officers of the United States; to all cases which South Carolina has recklessly extended her State ordinance and State legislation. The action of the Federal Judiciary, and, indeed, of the Federal Government, generally, is not upon States, but upon individuals. A law-suit can hardly arise between a State and the United States. It would seem needless to discuss the question, whether the Supreme Court of the United States could entertain jurisdiction of a case between this Government and one of the States. Yet, as this jurisdiction has been denied, it may not be amiss to of admiralty and maritime jurisdiction; to controversies between two or more States, except such as shall regard territory or jurisdiction; between a State and citizens of another State; between citizens of different States; and between a State or the citizens thereof, and foreign States, citizens, or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the jurisdiction shall be original." It was then moved and seconded to add the following FEB. 7, 1833.] Revenue Collection Bill. [SENATE. words after the word "controversies," third section, who consults it will be astonished that South Carolina eleventh article-"to which the United States shall be a party;" which passed in the affirmative. It was also moved and seconded to insert the word "controversies" before the words "between two or," passed in the affirmative. It was moved and seconded to insert the words "the United States or" before the words "a State shall be a party," which passed in the affirmative. should have appealed to it to support her. Vain, vain, indeed, sir, was that boast of the gentleman from Virginia, that "the nationals were routed in that day." No, thank God! however they may have been of late years thrown into the shade by the false glare of that burning heresy which holds out this Government as a mere confederation of States, we know that theirs were the principles of the fathers of the constitution, and that they gloriously triumphed when that sacred ordinance rose upon the ruins of a helpless league and a state of unbridled anarchy. Thus we see, sir, that, on the 27th of August, 1787, the convention did in fact adopt the whole of this part of Mr. Rutledge's report, by extending the jurisdiction of the Supreme Court to all controversies whatsoever to which The honorable member from Kentucky [Mr. BIBB] the United States shall be a party. The amendments has stated, with great ingenuity, some cases in which made that day now stand incorporated in the constitution, the Supreme Court may abuse its powers while exerand posterity will recur to them only for the purpose of cising its appellate jurisdiction. In his view, the feashowing that a special vote was taken in convention on the tures of this great tribunal are essentially monarchical, very question, whether the court should have jurisdiction because the judges are appointed virtually for life; and, over all possible cases in which the United States may be being liable to no other responsibility than the nominal interested, whether against a State or private individuals. power of impeachment, may, he thinks, at any time esMr. CALHOUN: But will the gentleman contend that tablish the most despotic principle, without any possible a State may be sued since the adoption of the eleventh control, save that of revolutionary resistance to their deamendment? Mr. CLAYTON: The eleventh amendment prevents any suit against a State by citizens of another State, or by citizens or subjects of any foreign State; but does not in any way impair the right of the United States to sue a State. It was never designed to impair that right. cision. Were all this true, the argument which demonstrates the possibility of abusing power does not disprove the existence of the power in the court to decide, in the last resort, on all cases arising under the constitution and the laws. But it is not true. By the constitution the appellate jurisdiction of the court is expressly made liable The historical evidence of the intentions of the framers to such exceptions, and placed under such regulations, and friends of the constitution does not stop with the as Congress shall establish. Should an extreme case, journal. Their cotemporaneous expositions in "the Fe- such as the Senator from Kentucky has supposed, ever deralist," and the debates in the conventions of the peo- occur, the remedy is not revolution, or war on the Govple for adopting the constitution, all show the fatal error ernment, but a discreet and cautious exercise of the into which the South Carolina convention has fallen. Mr. power of Congress to curtail the appellate jurisdiction of Madison, in the Virginia convention, said, “It may be a the court. For any other purpose, save that of preventmisfortune that in organizing any Government, the ex-ing the destruction of the Government itself, the appelplication of s authority should be left to any of its co- late powers of the court should never be essentially ordinate branches. There is no example in any country changed. where it is otherwise. There is a new policy in submit-- Having thus far, Mr. President, developed my views ting it to the Judiciary of the United States." Mr. of the character of this Government, I return to the point Stillman, in the convention of Massachusetts, said, "The from which I departed, to answer the interrogatory of very term 'Government' implies a supreme controlling the gentleman from Virginia--can there be such a thing power somewhere: a power to coerce, whenever coer- as a citizen of the United States? There are some thircion shall be necessary; of which necessity Government teen millions of human beings within their limits, who are, must be the judge." A complete answer to all that part as we have seen, liable to the punishment of treason when of the address which denies the power of the court, and levying war against them; all bound to consider their asserts the right of a State to decide for itself as one of laws and their constitution as supreme; all indebted to the parties to a compact, was given by Mr. Wilson, in the their Government for protection; all contributing to the convention of Pennsylvania, about forty-five years ago. support of that Government, and compelled to obey it, "I cannot," says he, "discover the least trace of a com- both in peace and in war; forming, together, for all the pact in the system. The State Governments made a great purposes enumerated in their constitution, one peobargain with one another: that is the doctrine that is en- ple and a single nation. The allegiance of the people deavored to be established by gentlemen in opposition; is rightfully due, because it has been freely given to the their State sovereignties wish to be represented. But United States; and its duties can, and ought to be, strictly far other were the ideas of the convention, and far other enforced by the severest of all penalties when traitorously are those conveyed in the system itself. I know very withheld. The laws of this Government, and the various well all the commonplace rant of State sovereignties, and treaties it has made, recognise the character of citizen, in that Government is founded in original compact. This its broadest signification, as properly belonging to every does not suit the language or genius of the system before free man born and residing within its limits, or naturalus. It is not a contract or compact; the system itself tells ized by means of its legislation. Can the gentleman from you what it is. It is an ordinance, an establishment of the Virginia still deny that he is a citizen of the United States? people." Mr. TYLER: I deny that I am a citizen of the Government of the United States. I do not deny that I am a citizen of the United States. Governor Johnston, in the convention of North Carofina, said, "The constitution must be the supreme law of the land; otherwise it will be in the power of any one State Mr. CLAYTON: It is no part of my purpose to bandy to counteract the other States, and withdraw itself from useless metaphysical distinctions with any member here. the Union. The laws made in pursuance thereof by Con- He is as much a citizen of this Government, as a Frenchgress ought to be the supreme law of the land; otherwise, man is a citizen of the Government of France, or an Engany one State might repeal the laws of the Union at large. lishman of the Government of his country. But all the Every treaty should be the supreme law of the land; acknowledgment that I desire of the honorable gentlewithout this, any one State might involve the whole man, in order to compel him to admit the justice of the Union in war." Sir, I will trouble you with no further principles upon which this bill is founded, is, that he, and quotations. The history of 1787 is full of them, and he all those upon whom the bill is intended to operate, are SENATE.] Power. citizens of the United States. When the gentleman has sure, but is actually applauded by them for her tyranny made that admission, in vain will he contend that his ob- and oppression? As gentlemen have indulged so much in ligations to Virginia are higher than those which he owes arguments founded on extreme cases, I will give them one to the Federal Government; in vain will he contend that by no means so extravagant as some which they have put his most valuable rights are best secured to him by the to us, to illustrate the consequences of their own doctrine. State. Were Virginia the separate nation which his argu- A State has about ten thousand votes. Suppose some ten ment would make her appear to be, her citizens would or twelve thousand aliens should be sent into that State soon find the difference between that protection which by some foreign nation, for the very purpose of working they now enjoy, as citizens of our common country, and out the doctrine of nullification there. If the doctrine be such protection as she could give them. High as she now sound, these aliens may all be naturalized, without incurjustly stands among her sister States, forming, with them, ring any obligation of obedience to this Government by an impregnable bulwark for all our countrymen against the oaths they may take at the time of their naturalization. foreign aggression, she would, single-handed, make but a Suppose that, in conformity with the great object for very sorry figure in a contest with any considerable foreign which they were sent, they elect a convention of nullifiers, and proceed in due form to abrogate all the acts of ConSir, were it not for sheer compassion towards some of gress, and pass all laws necessary for giving their ordithose gentlemen who indulge us so often with extravagant nance effect; what an easy and most effectual mode for declamation about State power and State supremacy, it any foreign nation to subdue this Government, and break would be well to ring the truth daily in their ears, until up this Union; and how strange is it that no foreign nation they are cured of these diseased imaginations, that neither has ever yet been wise enough to adopt so cheap a plan the "old dominion," nor even the empire State" her- of destroying that Government which has been the object self, could singly, and successfully, measure strength with of so much jealousy to tyrants! During the continuance one of the second rate powers of Europe. The gentle- of the old confederation, the State of Delaware alone man from Virginia, who has filled his present station with nullified an embargo act, to which all the other States had so much honor to himself and usefulness to his country, yielded their assent, at a time when that act was considenies that he is a Senator of the United States, and asserts dered by many to be the only means of salvation for the that he is only a Senator of Virginia. He denies the very army. Under that form of Government, as one of the existence of such a character as that of a Senator of the parties to a mere compact of States, she had the unquesUnited States. Each member here, in his view, is bound tionable power to nullify the law; but when the convento legislate for his own State, and can represent no other. tion which framed our present constitution was engaged But where is the clause in the constitution which recog-in deliberating on the propriety of adding a national charnises a Senator of Virginia, of Delaware, or any other acter to the Federative Government, Mr. Madison mensingle State, in this hall? This is not the Senate of Vir- tioned this very fact to illustrate the necessity of rendering ginia, but of the United States. The honorable member the laws of the Union supreme. says that he acts here only in obedience to the wishes of Before the constitution was adopted, the old confederaVirginia; that he yields obedience to this Government only tion itself, weak and inefficient as it was, had the power, in because Virginia wills it. The constitution and laws of the opinion of Mr. Jefferson, to enforce the execution of the United States have no binding force with him from its own revenue laws. In his letter to Mr. Cartwright, in any other cause than this, that Virginia commands him to 1787, he is full and explicit on this subject. The force obey them. The result of all this doctrine is, that, when- which he desired to employ to compel obedience on the ever Virginia wills it, he will violate this constitution, and part of the States to the requisitions of the old Congress, set these laws at defiance. In opposition to all this, hear was the naval power. [Mr. C. then referred to two other the creed of a national republican: I obey this constitu- letters of Mr. Jefferson, sustaining the same opinion.] tion, and act as a Senator of the United States under it, I come next, sir, to a brief consideration of the quesbecause I have sworn to support that constitution. I hold tion, are the provisions of the bill before us such as are myself bound, while acting in my station here, to legislate proper to secure that obedience to the laws of this Govfor the benefit of the whole country, not merely for that ernment which the proceedings of South Carolina are of any section of it; and, in the discharge of my duty, I calculated to withhold? The leading clause in this bill, will look abroad throughout this wide republic, never authorizing the President to employ the land and naval sacrificing the interests of any one part of it merely to forces of the Union to arrest the unconstitutional proceedgratify another, but always dealing out and distributing ings of the officers of South Carolina, should they attempt equal justice to all my countrymen, wherever they may to rescue imported goods from our revenue officers, has be located, or by whatever title they may be distinguished been the subject of bitter denunciation by Southern gentlemen, and particularly by the gentleman from Virginia. I cannot dismiss this subject without entering a general Sir, this is almost a literal transcript from the act of 1809, protest against the mode of argument adopted by gen- for enforcing the embargo law. [Mr. C. read the eleventh tlemen on the other side. Throughout the whole de- section of that act, to show that it employed the very bate, they have constantly supposed that all the parts of words of the bill before the Senate.] Let us now inquire our system of Government will be simultaneously cor- who voted for an act so similar in its provisions to that rupt. Their argument is bottomed on the belief that now before us. Fortunately, the journals of Congress of Congress, the Executive, the Judiciary, and even the that day have preserved the yeas and nays on a motion to people themselves, will be lost to all regard for the true strike out the eleventh section of the embargo law. In interests of the nation. The remarks of the honorable both Houses, nearly all the representatives from Virginia, gentleman from Kentucky dwelt much on supposed cases North Carolina, South Carolina, and Georgia, voted for a of the abuse of federal power; but it seemed that his bill, which, when now sought to be applied to a different imagination could never reach a possible case of the abuse section of the country, is the object of their animadversion of those powers which he claimed for the States. While and horror. As strong remonstrances were then made the advocates of South Carolina are indulging in supposi- against the passage of this law by Congress from other tions so degrading to this Government and the people of parts of the United States as are now presented in behalf these States, why is it that she, with her ordinance of of South Carolina, and were then, as they will be now, nullification, her replevin laws, her test oaths, her virtual made in vain. disfranchisement of her own citizens for an honest differ from each other. That part of the bill which authorizes the President to ence of political opinion, not only escapes all their cen- remove the custom-house from land to water, and directs Mr. TYLER explained: He said his argument was, that the constitution devolved on Congress no right to deputize another to execute their power. [SENATE. the collection of duties in cash whenever that shall be that this section does not propose transportation as a punconceived necessary in order to secure the collection of ishment for crime; it is introduced here because we have the duties, is considered as unconstitutional by the gentle-been officially informed that South Carolina has refused man from Virginia, because it delegates power to the Pre- the use of her jails to the courts of the United States, sident, which, in his opinion, can be exercised by Congress and its object is to secure, without the aid of South Caroalone. lina, jails, and, independently of South Carolina legislation, the persons of such as shall dare to violate our laws. It is similar to a resolution still remaining on our statute book, and adopted soon after this Government went into Mr. CLAYTON: But the constitution expressly gives operation. On the 3d of September, 1789, Congress reto Congress the power "to regulate commerce;" and in commended to the several States to pass laws, making it the execution of that power, it has been found indispens-expressly the duty of the keepers of their jails to receive able to employ agents to act in certain contingencies at and safe keep therein all prisoners committed under the their own discretion. If Congress cannot empower a authority of the United States. Several States having collector to demand payment of the duties in cash for the neglected to comply with this recommendation, the resosafety of the revenue, it cannot empower him to demand lution to which I have referred, and which will be found a valid bond for the duties. No legislative power is de- in the second volume of the laws, page 236, was adopted, volved on any executive officer by this clause of the bill; providing "that, in case any State shall not have comand as to that general objection which honorable gentle-plied with the said recommendation, the marshal in such men have indulged in, touching the alleged preference State, under the direction of the judge of the district, be given by this regulation of commerce to the ports of one authorized to hire a convenient place to serve as a temState over those of another, the answer is conclusive, that porary jail, and to make the necessary provision for the no part of this bill is confined in its operations to the ports safe keeping of prisoners, committed under the authority of any one State, or any particular section of the Union, of the United States, until permanent provision should as distinguished from the rest. The terms of the law are be made by law for that purpose." Does the gentleman general. It is co-extensive with the Union, and will apply from Virginia object to this resolution, or does he consider equally wherever the evil which it is intended to redress that the exigency that has now occurred, demanding the shall be found to exist. enactment of a law similar to it, is less urgent than that which originally called for its adoption? The second and third sections of this bill, which authorize the removal of any cause now pending in any Mr. TYLER: By that resolution, the prisoner was State court, in which either party claims right or title un-not to be taken out of the State. By this bill, he may be der any law of the United States, and which render irre- carried to any convenient place, at the discretion of the pleviable, by process from any State court, any property judge. By the resolution, the place was pointed out. So held or claimed by any person under any law of this Government, are, in my judgment, unnecessary and improper restrictions on the just powers of the State courts, and will prove oppressive in practice on the suitors in those courts. Mr. WEBSTER: None but officers of the United States can take advantage of those sections. the English bill designated Botany Bay. The place is specifically named. But I would ask the gentleman from Delaware, whether by this bill there is any limitation whatever imposed upon the judge or marshal? They may carry the prisoner wherever they think proper. Mr. CLAYTON: I deny that the resolution, to which I have referred the honorable member, specifies any parMr.CLAYTON: Such, I suppose, was the intention of ticular place of confinement, or that the marshal is requirthe committee; but the gentleman from Massachusetts will ed by it to confine his prisoners within the limits of the perceive that "any officer or other person" is authorized State. If, however, the gentleman seriously requires it, to remove the suit in the one case, and to resist the process I apprehend no friend of the bill will object to such a reof the State court in the other. These sections should be striction on the powers of the marshal, as would prevent modified to suit that view which the Senator from Massa-him from taking a prisoner beyond the limits of the district. chusetts has, it seems, heretofore taken of them; or if it The gentleman from Kentucky has indulged in the most can be shown that they are necessary in their present bitter invectives against this section of the bill, which he shape to countervail the legislation of South Carolina, their considers as a provision to revive all the terrors and opoperation should be restricted, by a proviso, to such pressions of the Jersey prison ship. Undoubtedly, this States as shall attempt to set at defiance the revenue laws bill would authorize the Executive, when driven by the of the country. laws of South Carolina from any other place of imprisonThe sixth section of the bill provides that, in any State ment for prisoners, to confine them in a vessel on the where the jails are not allowed to be used for the impris- water. And if this Government should find it necessary onment of persons arrested or committed under the laws to the faithful execution of its laws, and the preservation of the United States, or where houses are not allowed to of its own character, to carry any man, either in or out be used, it shall be lawful for the marshal, under the of South Carolina, to prison in a ship, I trust it will never direction of the district judge, to use other convenient be deterred from the discharge of its constitutional duty places, and to make such further provision as he may deem by sickly commentaries on Botany Bay, or mere fancy expedient and necessary for that purpose. To this the sketches of the Jersey prison ship. The great object of honorable Senator from Virginia takes much exception; this, and the other sections of the bill, all who read it he declares it to be a "Botany Bay law;" and tells us that will understand, is to prevent the collision of actual force it is even worse than the English act which has received between the General and State Governments; and some of that designation. The Botany Bay law has been found in its most important features have been drawn from the England to be a very good law, most salutary in its ope- legislation of Congress in the days of the whiskey insurrations there; and, to this day, it stands unrepealed on the rection and of the Hartford convention. statute book, and countenanced by the approbation of the best statesmen of that country. Botany Bay is still thought to be a proper place for people guilty of less crimes than treason. But the gentleman will perceive They were afterwards so modified, on the motion of the chairman of the committee. VOL. IX.-26 The honorable Senator from South Carolina has told us that all human institutions, like those who formed them, contain within themselves the elements of their own destruction; and that our own Government is now exhibiting their operation. To this general philosophic remark Ĭ should not have objected but for its application. All the works of man are destined to decay; but while the Ame SENATE.] Revenue Collection Bill. [FEB. 7, 1833. Mr. FORSYTH said, under such circumstances, he. could not vote against the motion for postponement. On the call of Mr. WILKINS, the yeas and nays were ordered. Mr. CALHOUN said, the Senator from Pennsylvania could not have heard the gentleman from North Carolina, who had put his request on the ground of indisposition. Mr. WEBSTER said there was no occasion for post rican people shall remain true to themselves, their Gov-] ernment cannot be destroyed; for it contains, within itself, endless and ever-renascent energies, which must bring it out in triumph, and with Antæan vigor, in despite of every effort to overthrow it. From foreign force it has nothing to fear; it dreads nothing now from any section of this Union which shall seek to prevent the just operation of our laws by foreign intervention. Yes, sir, a foreign alliance, sought by any member of this confederacy, for ponement. The bill could make progress, and the genthe purpose of making war upon us, would be the means, tleman from North Carolina could be heard on any other under Heaven, of immediately rallying every patriot, of day as well as now. He begged the Senator to consider every political party, under the broad banner of the re- that but a few days remained of the session, that a numpublic. Popular virtue, however, is the only safe basis of ber of Senators desired to be heard on this question, and popular Government. This is the "fountain from the that important business might be expected from the other which our current runs, or bears no life;" and I concede House. If this bill was to be definitively acted on, it could that the mortal blow to the liberties of this country may, only be done by showing a determination to sit out the at last, be struck by the hand of one who has been indebt-discussion. They ought to sit there until late in the ed to it for existence. The shaft which shall stretch the evening, for at the rate of a speech a day the bill would American eagle bleeding and lifeless in the dust must be never be got through. feathered from his own bright pinions; and bitter will be the curses of men, in all ages to come, against the traitorous heart and the parricidal hand of him who shall loose that fatal arrow from the string! "Remember him, the villain, righteous Heaven, Mr. MANGUM rose, and moved to postpone the further consideration of this bill till to-morrow. He stated that he was desirous to give his sentiments on this bill, but he was at this moment laboring too severely under indisposition to be able to go into so arduous a task. Mr. FORSYTH said, he was unwilling to resist such an appeal from any Senator, but he would make a single suggestion. There were some amendments which the committee intended to make, and there were a few others which would be necessary to obviate some objections which its friends had to its details. He would suggest that these amendments should be now proposed, so that the bill might be put into a shape which would make it agreeable to all its friends, and afterwards the Senate might proceed in the discussion of its general principles. Mr. GRUNDY said, the difficulty could not be obviated in that way. The committee had appointed to meet tomorrow morning, for the purpose of making all the necessary amendments. He could not, of course, be prepared to offer them all at this time. Mr. CALHOUN said, that, if any other Senator, on either side of the House, was ready to go on with the debate, he would make no objection to sit out the day. But he thought that the gentleman from North Carolina was in justice entitled to the indulgence of the Senate. Mr. KING said that, if the gentleman from Massachusetts wished to deliver his sentiments on the bill, he hoped the motion would be withdrawn for that purpose, and he would be happy to listen to the gentleman to as great a length as he might desire. Mr. WEBSTER: The gentleman from Alabama is extremely kind; and his kindness is justly appreciated. The gentleman from Massachusetts fully understands the gentleman from Alabama, but he has no disposition to address the Senate at present, nor, under existing circumstances, at any other time, on the subject of this bill. The question was then taken on the motion to postpone the further consideration of the bill to to-morrow and decided in the negative, as follows: - YEAS. Messrs. Black, Brown, Calhoun, Forsyth, Holmes, King, Miller, Moore, Poindexter, Rives, Robinson, Smith, Tyler, Waggaman--14. NAYS.-Messrs. Bell, Clay, Dallas, Dudley, Ewing, Foot, Frelinghuysen, Grundy, Hendricks, Hill, Kane, Knight, Naudain, Prentiss, Robbins, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, White, Wilkins, Wright--25. Mr. MANGUM commenced his observations in opposition to the bill. He adverted to the peculiar and novel situation in which he found himself, standing there for Mr. WILKINS said, it would be impossible to deter- the first time making battle in his feeble way against the mine what amendments would be likely to be agreeable mass of friends with whom he had heretofore contended to the Senate, until the subject should have been fully shoulder to shoulder. But he found himself sustained by discussed. He hoped, therefore, that the debate would assistance from his native land--from that region where go on. all his affections were centered--by men who were not Mr. KING said he presumed the gentleman from Penn-under any Executive influence, and who stood forward to sylvania had not distinctly heard his friend from North perform their duty regardless of all consequences to Carolina, who had stated that he was unable to proceed, themselves. from indisposition. Opposed to him he perceived gentlemen who had Mr. CALHOUN suggested that there was another con- hitherto not exhibited any great anxiety to aid this admisideration which was entitled to weight. The Senator nistration; but who, discovering in this bill a policy which from North Carolina was the only member of the Commit-conformed to their own principles, were solicitous to press tee on the Judiciary who had objected to this bill. That it through. He regarded this as one of the most imporgentleman, therefore, stood in a peculiar attitude, and tant questions which would be discussed before the prehe put it to the Senate, whether, on the score of justice, sent Congress. he was not entitled to such indulgence as he might re- He then proceeded to discuss the question of the powquire, to enable him to give a satisfactory exposition of er of the Government. After proceeding about fifteen the reasons by which he was actuated, the more especially as he appeared to be so unwell. Mr. WILKINS said he should be the last man to force the gentleman from North Carolina, for whom he had a great respect, to enter into this discussion without sufficient preparation. But he believed that he was fully prepared to debate the question at this time. minutes, Mr. POINDEXTER moved that the Senate now adjourn, as the gentleman was evidently too much indisposed to proceed. He asked for the yeas and nays, which were ordered accordingly. The question being taken, it was decided in the negative-Yeas 10, nays 25. |
