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 Í 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 govern Let me assure the gentlemen that, when-ment and its revenues, and not a corpora

*

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 government. The House of Representatives was strongly in favor of the renewal of the charter, and several of its committees made elaborate, ample and argumentative reports upon the subject. These reports were the subject of newspaper and pamphlet publication; and lauded for their power and excellence, and triumphant refutation of all the President's opinions. Thus was the "war of the Bank" commenced at once in Congress, and in the public press; and openly at the instance of the Bank itself, which, forgetting its position as an institution of the government, for the convenience of the government, set itself up as a power, and struggled for continued existence, by demand for renewal of its charter. It allied itself at the same time to the political power opposed to the President, joined in all their schemes of protective tariff, and national 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.

the precedent it established that Congress might in its discretion do what it pleased, under the plea of being "necessary" to carry into effect some granted power. The non-renewal of the charter in 1811, was the act of the Republican party, then in possession of the government, and taking the opportunity to terminate, upon its own limitation, the existence of an institution whose creation they had not been able to prevent. The charter of the second bank, in 1816, was the act of the Republican party, and to aid them in the administration of the government, and, as such, was opposed by the Federal party-not seeming then to understand that, by its instincts, a great moneyed corporation was in sympathy with their own party, and would soon be with it in action-which the bank soon was-and now struggled for a continuation of its existence under the lead of those who had opposed its creation 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 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 disrenewal 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 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

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.

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 Presi dent, 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 About the beginning of March, 1831, a that of the congressional election which pamphlet was issued in Washington, by took place simultaneously with it. All the Mr. John C. Calhoun, the Vice-President, States dissatisfied with that system, were and addressed to the people of the United satisfied with the view of its speedy and States, explaining the cause of a difference regular extinction, under the legislation of which had taken place between himself the approaching session of Congress, exand the President, General Jackson, in- cepting only South Carolina. She has stigated as the pamphlet alleged, by Mr. held aloof from the Presidential contest, Van Buren, and intended to make trouble and cast her electoral votes for persons between the first and second officers of the who were not candidates-doing nothing government, and to effect the political to aid the election of General Jackson, destruction of himself (Mr. Calhoun) for the with whom her interests were apparently benefit of the contriver of the quarrel, the identified. On the 24th November, 1832, then Secretary of State, and indicated as a two weeks after the election which decandidate for the presidential succession cided the fate of the tariff, that State upon the termination of Jackson's term. issued an Ordinance to nullify certain The differences grew out of certain charges acts of the Congress of the United against General Jackson respecting his con- States, purporting to be laws laying duct during the Seminole war which oc-duties and imposts on the importation