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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.

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 reIn the month of December, 1831, the moved from the bank the government National Republicans, as the party was deposits, and referred to that fact in his then called which afterward took the name next annual message on the second day of of "whig," held its convention in Balti- December, 1833, at the opening of the first more, and nominated candidates for Presi- session of the twenty-third Congress. Acdent and Vice-President, to be voted for companying it was the report of the at the election in the autumn of the ensu-Secretary of the Treasury, Hon. Roger B. ing year. Henry Clay was the candidate Taney, afterwards Chief Justice of the for the office of President, and John Ser- Supreme Court of the United States, givgeant for that of Vice-President. The ing the reasons of the government for the platform or address to the people presented withdrawal of the public funds. Long and the party issues which were to be settled bitter was the contest between the Presiat the ensuing election, the chief subjects dent on the one side and the Bank and its being the tariff, internal improvement, re-supporters in the Senate on the other side. moval of the Cherokee Indians, and the The conduct of the Bank produced dis✓✓ renewal of the United States Bank charter. tress throughout the country, and was so Thus the bank question was fully presented intended to coerce the President. Distress as an issue in the election by that part of petitions flooded Congress, and the Senate its friends who classed politically against even passed resolutions of censure of the President Jackson. But it had also Demo- President. The latter, however, held firm cratic friends without whose aid the re- in his position. A committee of investicharter could not be got through Congress, gation was appointed by the House of and they labored assiduously for it. The Representatives to inquire into the causes first Bank of the United States, chartered of the commercial embarrassment and the in 1791, was a federal measure, favored by public distress complained of in the General Hamilton, opposed by Mr. Jeffer- numerous distress memorials presented to son, Mr. Madison, and the Republican the two Houses during the session; and party; and became a great landmark of whether the Bank had been instrumental, party, not merely for the bank itself, but through its management of money, in profor the latitudinarian construction of the ducing the distress and embarrassment of constitution in which it was founded, and 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

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The constitution of the United States, then, forms a government, not a league; and whether it be formed by a compact between the States, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the people individually, not upon the Statesthey retained all the power they did not grant. But each State, having expressly parted with so many powers as to constitute, jointly with the other States, a single nation, cannot, from that period, possess any right to secede, because such secession does not break a league, but destroys the unity of the nation, and any injury to that unity, is not only a breach which could result from the contravention of a com

Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation; because it would be a solecism to contend 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 the 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 the United States, not by the State, nor of one class or employment, at the expense are they accountable to it for any act done and to the injury and oppression of other in the performance of their legislative classes and individuals; that said laws functions. were in consequence not binding on the State and its citizens; and declaring its right and purpose to enact laws to prevent the enforcement and arrest the operation of said acts and parts of the acts of the Congress of the United States within the limits of that State after the first day of February following. This ordinance placed the State in the attitude of forcible resistance to the laws of the United States, to take effect on the first day of February next ensuing a date prior to the meeting of the next Congress, which the country naturally expected would take some action in reference to the tariff laws complained of. The ordinance further provided that if, in the meantime, any attempt was made by the federal government to enforce the obnoxious laws, except through the tribu-pact, but it is an offence against the whole nais, all the officers of which were sworn against them, the fact of such attempt was to terminate the continuance of South Carolina in the Union-to absolve her from 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 Without calling on Congress for extraof South Carolina to the President of the ordinary powers, the President in his United States, and reached him in Decem-annual message, merely adverted to the ber of the same year; in consequence of attitude of the State, and proceeded to which he immediately issued a proclama-meet the exigency by the exercise of the tion, exhorting the people of South Caro- powers he already possessed. The prolina to obey the laws of Congress; point- ceedings in South Carolina not ceasing, ing out and explaining the illegality of and taking daily a more aggravated form 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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houses, while at the same time the Presi dent, though not relaxing his efforts towards a peaceful settlement of the difficulty, made steady preparations for enforc ing 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 radi. cally 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

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