CALHOUN'S CONSTITUTIONAL PRINCIPLES. 147

approved of bills making appropriations for internal improvements; nor have I, in any instance, gone beyond their example, though it is true that Mr. Madison rejected the bill which I contributed to pass, and which set aside the bonds of the United States Bank as a fund for internal improvements. It ought, however, to be remembered the bill was not presented till the last moment of the session, when, as you know, . . . in the multitude of bills presented for consideration, but little time is left for the reflection of the President. I am satisfied that it is owing to that cause that his argument on that occasion partakes so little of his usual accuracy. In fact, his leading objection that the consent of the States could give no constitutional power, was misapplied. The truth is that the bill did not even make an appropriation of money. It simply set aside a certain fund for the purpose of improvements; that is, it provided that it should be appropriated to no other purpose, thus leaving it to be hereafter determined in what manner it should be appropriated and applied, whether with or without an amendment of the Constitution, providing only that it should not be applied but by the consent of the States to be affected.

I think it cannot be doubted that if the power existed in Congress to appropriate money for internal improvement for which we have the sanction of the three distinguished citizens to whom I have referred, there was nothing in the bill to make it unconstitutional. But I am really at a loss to know why this objection should be made against me. What distinguished public man is there now on the stage to whom the same may not be made? And most of them are men much more deeply committed than myself. I have never yet committed myself beyond the mere right of making an appropriation. I have nowhere in my public capacity asserted the right of applying money so appropriated without

the consent of the States, or individuals to be affected. I am perfectly open to the examination of that question should I ever be called on to act. It is, however, due to candor to say that my impression is that the power does exist to a certain extent, but as I have always believed that it should not be exercised without a clear necessity, and as I do believe that the mere right of applying our money, not as a sovereign without the consent of those to be affected, but as a mere proprietor with their assent, will be found sufficient in practice, I have carefully abstained from coming to any final conclusion until it becomes absolutely necessary.

I hope what I have written is sufficiently explicit. It is intended to be perfectly so, but if you should find it not so, I will at all times cheerfully give any additional explanation which you may require.

With sincere respect, I am,

J. C. CALHOUN.

Letter to Hon. ROBT. S. GARNET, Virginia. Daily Advertiser, Montgomery, Ala., March, 7, 1893.

APPENDIX B.

ORDINANCE NULLIFYING THE FORCE BILL.

SOUTH CAROLINA CONVENTION.

WE, the people of the State of South Carolina, in Convention assembled, do declare and ordain that the Act of Congress of the United States, entitled "An Act further to provide for the collection of duties on imports," approved 2nd March, 1833, is unauthorized by the Constitution of the United States, subversive of that instrument, destructive of public liberty, and that the same is and shall be deemed null and void within the limits of this State; and that it shall be the duty of the Legislature, at such time as they may deem expedient, to adopt such measures and pass such acts as may be necessary to prevent the enforcement thereof, and to inflict proper penalties on any person who shall do any act in executing or enforcing the same within. the limits of this State.

We do further ordain and declare that the allegiance of the citizens of this State, while they continue such, is due to said State; and that obedience only, and not allegiance, is due by them to any other power or authority to whom a control over them has been or may be delegated by the State; and the General Assembly of the said State is hereby empowered from time to time when they deem it proper, to provide for the administration to the citizens and officers of the State, or such of the said officers as they may think fit, of suitable oaths or affirmations, binding them to the observance of such

allegiance, and abjuring all other allegiance, and also to define what shall amount to a violation of their allegiance, and to provide the proper punishment for such violation.

R. Y. HAYNE, President.

Journal of the South Carolina Convention of 1833. (March 18, 1833.)

APPENDIX C.

PROTEST AGAINST A PROTECTIVE TARIFF.

From the Message of Governor HenaGAN, 1840.

I MUST confess that I am not so much surprised as pained at this demonstration on the part of one of our sovereign States of this Confederation, to fix again, if possible, this odious system upon us. To this violation of the Constitution, this act of wanton and deliberate injustice, aggravated by the recollection of our former arduous struggle against it, South Carolina will never consent. . . . May Heaven spare us the renewal of those scenes of agitation which lately shook the Union to the centre, and avert that necessity which would force a sovereign State to seek common justice and vindicate her plainest rights by the strength of her own arm.

South Carolina Laws (1840).