after the election of Mr. Adams in the stract contemplation of slavery, at the disHouse of Representatives, his affinities tance of five hundred or a thousand miles and policy became those of his former off." This allusion to the Missouri conparty; and as a party, with many indivi- troversy, and invective against the free dual exceptions, they became his suppor- States for their part in it, by Messrs. ters and his strength. General Jackson, Hayne and Benton, brought a reply from on the contrary, had always been demo- Mr. Webster, showing what their conduct cratic, so classing when he was a Senator had been at the first introduction of the in Congress under the administration of slavery topic in the Congress of the United the first Mr. Adams; and when party lines States, and that they totally refused to inwere most straightly drawn, and upon prin- terfere between master and slave in any ciple, and as such now receiving the support way whatever. But the topic which beof men and States which took this political came the leading feature of the whole deposition at that time, and maintained it for bate, and gave it an interest which cannot years afterwards; among the latter, notably die, was that of nullification-the assumed the States of Virginia and Pennsylvania. right of a State to annul an act of Congress The short session of 1829-30 was ren--then first broached in the Senate-and dered famous by the long and earnest de- in the discussion of which Mr. Webster bates in the Senate on the doctrine of nul- and Mr. Hayne were the champion lification, as it was then called. It started speakers on opposite sides-the latter by a resolution of inquiry introduced by voicing the sentiments of the Vice-PresiMr. Foot of Connecticut; it was united dent, Mr. Calhoun. This turn in the dewith a proposition to limit the sales of the bate was brought about, by Mr. Hayne public lands to those then in the market- having made allusion to the course of New to suspend the surveys of the public lands England during the war of 1812, and espe-and to abolish the office of Surveyor- cially to the assemblage known as the General. The effect of such a resolution, Hartford Convention, and to which designs if sanctioned upon inquiry and carried into unfriendly to the Union had been atlegislative effect, would have been to check tributed. This gave Mr. Webster an opemigration to the new States in the West, portunity to retaliate, and he referred to and to check the growth and settlement of the public meetings which had just then these States and Territories. It was warmly taken place in South Carolina on the subopposed by Western members. The de-ject of the tariff, and at which resolves bate spread and took an acrimonious turn, were passed, and propositions adopted sigand sectional, imputing to the quarter of nificant of resisistance to the act; and conthe Union from which it came an old and sequently of disloyalty to the Union. He early policy to check the growth of the drew Mr. Hayne into their defence and West at the outset by proposing to limit into an avowal of what has since obtained the sale of the Western lands, by selling the current name of "Nullification." He no tract in advance until all in the rear said, "I understand the honorable gentlewas sold out; and during the debate Mr. man from South Carolina to maintain, that Webster referred to the famous ordinance it is a right of the State Legislature to interof 1787 for the government of the north- fere, whenever, in their judgment, this western territory, and especially the anti-government transcends its constitutional slavery clause which it contained. limits, and to arrest the operation of its Closely connected with this subject to laws, * * *that the States may lawwhich Mr. Webster's remarks, during the fully decide for themselves, and each State debate, related, was another which excited for itself, whether, in a given case, the act some warm discussion-the topic of slavery of the general government transcends its -and the effect of its existence or non*that if the exigency existence in different States. Kentucky of the case, in the opinion of any State and Ohio were taken for examples, and government require it, such State govthe superior improvement and popula- ernment may, by its own sovereign aution of Ohio were attributed to its exemp-thority, annul an act of the general govtion from the evils of slavery. This was an excitable subject, and the more so because the wounds of the Missouri controversy in which the North was the undisputed aggressor, were still tender. Mr. Hayne from South Carolina answered with warmth and resented as a reflection upon the Slave States this disadvantageous comparison. Mr. Benton of Missouri followed on the same side, and in the course of his remarks said, "I regard with admiration, that is to say, with wonder, the sublime morality of those who cannot bear the ab

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ernment, which it deems plainly and palpably unconstitutional." Mr. Hayne was evidently unprepared to admit, or fully deny, the propositions as so laid down, but contented himself with stating the words of the Virginia Resolution of 1798, as follows: "That this assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact, to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no farther valid than they

are authorized by the grants enumerated | ever any attempt shall be made from any in that compact, and that, in case of a de- quarter, to enforce unconstitutional laws, liberate, palpable and dangerous exercise clearly violating our essential rights, our of other powers, not granted by the said leaders (whoever they may be) will not be compact, the States who are parties thereto found reading black letter from the musty have the right, and are in duty bound, to pages of old law books. They will look to interpose, for arresting the progress of the the Constitution, and when called upon by evil, and for maintaining, within their re- the sovereign authority of the State, to spective limits, the authorities, rights, and preserve and protect the rights secured to liberties appertaining to them." them by the charter of their liberties, they will succeed in defending them, or 'perish in the last ditch.""

This resolution came to be understood by Mr. Hayne and others on that side of the debate, in the same sense that Mr. Webster stated, as above, he understood the gentleman from the South to interpret it. On the other side of the question, he argued that the doctrine had no foundation either in the Constitution, or on the Virginia resolutions-that the Constitution makes the federal government act upon citizens within the States, and not upon the States themselves, as in the old confederation: that within their Constitutional limits the laws of Congress were supreme -and that it was treasonable to resist them with force: and that the question of their constitutionality was to be decided by the Supreme Court: with respect to the Virginia resolutions, on which Mr. Hayne relied, Mr. Webster disputed the interpretation put upon them-claimed for them an innocent and justifiable meaning and exempted Mr. Madison from the suspicion of having framed a resolution asserting the right of a State legislature to annul an Act of Congress, and thereby putting it in the power of one State to destroy a form of government which he had just labored so hard to establish.

These words of Mr. Hayne seem almost prophetic in view of the events of thirty years later. No one then believed in anything serious in the new interpretation given to the Virginia resolutions-nor in anything practical from nullification-nor in forcible resistance to the tariff laws from South Carolina-nor in any scheme of disunion.

Mr. Webster's closing reply was a fine piece of rhetoric, delivered in an elaborate and artistic style, and in an apparent spirit of deep seriousness. He concluded thus"When my eyes shall be turned to behold, for the last time, the sun in heaven, may I not see him shining on the broken and disfigured fragments of a once glorious Union; on States dissevered, discordant, belligerent; on a land rent with civil feuds, or drenched, it may be, in fraternal blood. Let their last feeble and lingering glance, rather, behold the gorgeous ensign of the Republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in their original lustre, not a stripe erased or polluted, nor a single star obscured, bearing for its Mr. Hayne on his part gave (as the prac-motto no such miserable interrogatory as, tical part of his doctrine) the pledge of forcible resistance to any attempt to enforce unconstitutional laws. He said, "The gentleman has called upon us to carry out our scheme practically. Now, sir, if I am correct in my view of this matter, then it follows, of course, that the right of a State being established, the federal government is bound to acquiesce in a solemn decision of a State, acting in its sovereign capacity, at least so far as to make an appeal to the President Jackson in his first annual people for an amendment to the Constitu- message to Congress called attention to the tion. This solemn decision of a State binds fact of expiration in 1836 of the charter the federal government, under the highest of incorporation granted by the Federal constitutional obligation, not to resort to government to a moneyed institution called any means of coercion against the citizens The Bank of the United States, which was of the dissenting State. *Suppose originally designed to assist the govern Congress should pass an agrarian law, or a ment in establishing and maintaining a law emancipating our slaves, or should uniform and sound currency. He seriously commit any other gross violation of our doubted the constitutionality and expediconstitutional rights, will any gentlemen ency of the law creating the bank, and contend that the decision of every branch was opposed to a renewal of the charter. of the federal government, in favor of such His view of the matter was that if such an laws, could prevent the States from de- institution was deemed a necessity it should claring them null and void, and protecting be made a national one, in the sense of their citizens from their operation? * *being founded on the credit of the governLet me assure the gentlemen that, when-ment and its revenues, and not a corpora

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What is all this worth? nor those other words of delusion and folly, Liberty first and Union afterwards; but everywhere, spread all over in characters of living light, blazing in all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every true American heart-Liberty and Union, now and forever, one and inseparable!"

tion independent from and not a part of the precedent it established that Congress the government. The House of Repre- might in its discretion do what it pleased, sentatives was strongly in favor of the re- under the plea of being “necessary" to newal of the charter, and several of its carry into effect some granted power. The committees made elaborate, ample and non-renewal of the charter in 1811, was argumentative reports upon the subject. the act of the Republican party, then in These reports were the subject of news- possession of the government, and taking paper and pamphlet publication; and the opportunity to terminate, upon its own lauded for their power and excellence, and limitation, the existence of an institution triumphant refutation of all the President's whose creation they had not been able to opinions. Thus was the "war of the Bank" prevent. The charter of the second bank, commenced at once in Congress, and in the in 1816, was the act of the Republican public press; and openly at the instance party, and to aid them in the administraof the Bank itself, which, forgetting its tion of the government, and, as such, was position as an institution of the govern- opposed by the Federal party-not seeming ment, for the convenience of the govern- then to understand that, by its instincts, a ment, set itself up as a power, and strug- great moneyed corporation was in symgled for continued existence, by demand pathy with their own party, and would for renewal of its charter. It allied itself soon be with it in action-which the bank at the same time to the political power soon was-and now struggled for a conopposed to the President, joined in all their tinuation of its existence under the lead schemes of protective tariff, and national of those who had opposed its creation and internal improvement, and became the head of the American system. Its moneyed and political power, numerous interested affiliations, and control over other banks and fiscal institutions, was truly great and extensive, and a power which was exercised and made to be felt during the struggle to such a degree that it threatened a danger to the country and the government almost amounting to a national calamity. The subject of renewal of the charter was agitated at every succeeding session of Congress down to 1836, and many able speeches made for and against it.

In the month of December, 1831, the National Republicans, as the party was then called which afterward took the name of "whig," held its convention in Baltimore, and nominated candidates for President and Vice-President, to be voted for at the election in the autumn of the ensuing year. Henry Clay was the candidate for the office of President, and John Sergeant for that of Vice-President. The platform or address to the people presented the party issues which were to be settled at the ensuing election, the chief subjects being the tariff, internal improvement, removal of the Cherokee Indians, and the renewal of the United States Bank charter. Thus the bank question was fully presented as an issue in the election by that part of its friends who classed politically against President Jackson. But it had also Democratic friends without whose aid the recharter could not be got through Congress, and they labored assiduously for it. The first Bank of the United States, chartered in 1791, was a federal measure, favored by General Hamilton, opposed by Mr. Jefferson, Mr. Madison, and the Republican party; and became a great landmark of party, not merely for the bank itself, but for the latitudinarian construction of the constitution in which it was founded, and

against the party which effected it. Mr. Webster was a Federal leader on both occasions-against the charter in 1816; for the re-charter in 1832. The bill passed the Senate after a long and arduous contest; and afterwards passed the House, quickly and with little or no contest at all.

It was sent to the President, and vetoed by him July 10, 1832; the message stating his objections being an elaborate review of the subject; the veto being based mainly on the unconstitutionality of the measure. The veto was sustained. Following this the President after the adjournment removed from the bank the government deposits, and referred to that fact in his next annual message on the second day of December, 1833, at the opening of the first session of the twenty-third Congress. Accompanying it was the report of the Secretary of the Treasury, Hon. Roger B. Taney, afterwards Chief Justice of the Supreme Court of the United States, giving the reasons of the government for the withdrawal of the public funds. Long and bitter was the contest between the President on the one side and the Bank and its supporters in the Senate on the other side. The conduct of the Bank produced distress throughout the country, and was so intended to coerce the President. Distress petitions flooded Congress, and the Senate even passed resolutions of censure of the President. The latter, however, held firm in his position. A committee of investigation was appointed by the House of Representatives to inquire into the causes of the commercial embarrassment and the public distress complained of in the numerous distress memorials presented to the two Houses during the session; and whether the Bank had been instrumental, through its management of money, in producing the distress and embarrassment of which so much complaint was made; to

inquire whether the charter of the Bank | curred in the administration of President had been violated, and what corruptions Monroe. The President justified himself in and abuses, if any, existed in its manage- published correspondence, but the inevitament; and to inquire whether the Bank ble result followed-a rupture between the had used its corporate power or money to President and Vice-President-which was control the press, to interpose in politics, quickly followed by a breaking up and or to influence elections. The committee reconstructing the Cabinet. Some of were granted ample powers for the execu- its members classed as the political friends tion of these inquiries. It was treated of Mr. Calhoun, and could hardly be exwith disdain and contempt by the Bank pected to remain as ministers to the Presimanagement; 'refused access to the books dent. Mr. Van Buren resigned; a new and papers, and the directors and president Cabinet was appointed and confirmed. refused to be sworn and testify. The This change in the Cabinet made a great committee at the next session made report figure in the party politics of the day, and of their proceedings, and asked for war- filled all the opposition newspapers, and rants to be issued against the managers to had many sinister reasons assigned to itbring them before the Bar of the House to all to the prejudice of General Jackson and answer for contempt; but the friends of Mr. Van Buren. the Bank in the House were able to check the proceedings and prevent action being taken. In the Senate, the President was sought to be punished by a declination by that body to confirm the President's nomination of the four government directors of the Bank, who had served the previous year; and their re-nomination after that rejection again met with a similar fate. In like manner his re-nomination of Roger B. Taney to be Secretary of the Treasury was rejected, for the action of the latter in his support of the President and the removal of the public deposits. The Bank had lost much ground in the public estimation by resisting the investigation ordered and attempted by the House of Representatives, and in consequence the Finance Committee of the Senate made an investigation, with so weak an attempt to varnish over the affairs and acts of the corporation that the odious appellation of "white-washing committee was fastened upon it. The downfall of the Bank speedily followed; it soon afterwards became a total financial wreck, and its assets and property were seized on executions. With its financial failure it vanished from public view, and public interest in it and concern with it died out.

About the beginning of March, 1831, a pamphlet was issued in Washington, by Mr. John C. Calhoun, the Vice-President, and addressed to the people of the United States, explaining the cause of a difference which had taken place between himself and the President, General Jackson, instigated as the pamphlet alleged, by Mr. Van Buren, and intended to make trouble between the first and second officers of the government, and to effect the political destruction of himself (Mr. Calhoun) for the benefit of the contriver of the quarrel, the then Secretary of State, and indicated as a candidate for the presidential succession upon the termination of Jackson's term. The differences grew out of certain charges against General Jackson respecting his conduct during the Seminole war which oc

It is interesting to note here that during the administration of President Jackson, in the year 1833,-the Congress of the United States, as the consequence of the earnest efforts in that behalf, of Col. R. M. Johnson, of Kentucky, aided by the recommendation and support of the President, passed the first laws, abolishing imprisonment for debt, under process from the Courts of the United States: the only extent to which an act of Congress could go, by force of its enactments; but by force of example and influence, has led to the cessation of the practice of imprisoning debtors, in all, or nearly all, of the States and Territories of the Union; and without the evil consequences which had been dreaded from the loss of this remedy over the person. The act was a total abolition of the practice, leaving in full force all the remedies against fraudulent evasions of debt.

The American system, and especially its prominent feature of a high protective tariff was put in issue, in the Presidential canvass of 1832; and the friends of that system labored diligently in Congress in presenting its best points to the greatest advantage; and staking its fate upon the issue of the election. It was lost; not only by the result of the main contest, but by that of the congressional election which took place simultaneously with it. All the States dissatisfied with that system, were satisfied with the view of its speedy and regular extinction, under the legislation of the approaching session of Congress, excepting only South Carolina. She has held aloof from the Presidential contest, and cast her electoral votes for persons who were not candidates-doing nothing to aid the election of General Jackson, with whom her interests were apparently identified. On the 24th November, 1832, two weeks after the election which decided the fate of the tariff, that State issued an "Ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation

the United States, not by the State, nor are they accountable to it for any act done in the performance of their legislative functions.

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that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offence."

of foreign commodities." It declared that of Representatives the members are all he Congress had exceeded its constitu- representatives of the United States, not tional powers in imposing high and ex-representatives of the particular States cessive duties on the theory of "protec- from which they come. They are paid by tion," had unjustly discriminated in favor of one class or employment, at the expense and to the injury and oppression of other classes and individuals; that said laws were in consequence not binding on the The constitution of the United States, State and its citizens; and declaring its then, forms a government, not a league; right and purpose to enact laws to prevent and whether it be formed by a compact the enforcement and arrest the operation between the States, or in any other manof said acts and parts of the acts of the ner, its character is the same. It is a govCongress of the United States within the ernment in which all the people are reprelimits of that State after the first day of sented, which operates directly on the February following. This ordinance placed people individually, not upon the States— the State in the attitude of forcible resist- they retained all the power they did not ance to the laws of the United States, to grant. But each State, having expressly take effect on the first day of February parted with so many powers as to constinext ensuing a date prior to the meeting tute, jointly with the other States, a single of the next Congress, which the country nation, cannot, from that period, possess naturally expected would take some action any right to secede, because such secession in reference to the tariff laws complained does not break a league, but destroys the of. The ordinance further provided that unity of the nation, and any injury to that if, in the meantime, any attempt was made unity, is not only a breach which could by the federal government to enforce the result from the contravention of a comobnoxious laws, except through the tribu-pact, but it is an offence against the whole nals, all the officers of which were sworn Union. To say that any State may at against them, the fact of such attempt was pleasure secede from the Union, is to say to terminate the continuance of South Car-that the United States are not a nation; olina in the Union-to absolve her from because it would be a solecism to contend all connection with the federal government -and to establish her as a separate government, wholly unconnected with the United States or any State. The ordinance of nullification was certified by the Governor of South Carolina to the President of the United States, and reached him in December of the same year; in consequence of which he immediately issued a proclamation, exhorting the people of South Carolina to obey the laws of Congress; pointing out and explaining the illegality of the procedure; stating clearly and distinct-in the organization of troops, the collecly his firm determination to enforce the tion of arms and of munitions of war, and laws as became him as Executive, even by in declarations hostile to the Union, he resort to force if necessary. As a state found it necessary early in January to repaper, it is important as it contains the port the facts to Congress in a special views of General Jackson regarding the message, and ask for extraordinary powers. nature and character of our federal gov- Bills for the reduction of the tariff were ernment, expressed in the following lan-early in the Session introduced into both guage: "The people of the United States formed the constitution, acting through the State Legislatures in making the compact, to meet and discuss its provisions, and acting in separate conventions when they ratified those provisions; but, the terms used in the constitution show it to be a government in which the people of all the States collectively are represented. We are one people in the choice of President and Vice-President. Here the States have no other agency than to direct the mode in which the votes shall be given. * The people, then, and not the States, are represented in the executive branch. In the House

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Without calling on Congress for extraordinary powers, the President in his annual message, merely adverted to the attitude of the State, and proceeded to meet the exigency by the exercise of the powers he already possessed. The proceedings in South Carolina not ceasing, and taking daily a more aggravated form

houses, while at the same time the President, though not relaxing his efforts towards a peaceful settlement of the difficulty, made steady preparations for enforcing the law. The result of the bills offered in the two Houses of Congress, was the passage of Mr. Clay's "compromise" bill on the 12th of February 1833, which radically changed the whole tariff system.

The President in his message on the South Carolina proceedings had recommended to Congress the revival of some acts, heretofore in force, to enable him to execute the laws in that State; and the Senate's committee on the judiciary had reported a bill accordingly early in the