constitution; and, if she can justify the measure at all, it must be on the ground of intolerable oppression, and the unconstitutionality of the acts complained of; but, on this ground, the rights of her whole body of citizens, or any portion of them, are no other and no greater than those of the humblest individual in the community. But they cannot trammel up the consequences; their political organization as a State may furnish readier means of resistance, and greater probabilities of success, but the consequences are the same. They cannot sanctify or legalize resistance, and the predicament in which the individual may stand, if mistaken in his judgment, is that of a traitor to his country.

The view here taken of the origin of the Government, and the nature of the constitution, is confirmed by the solemn decisions of that great tribunal which has been created by that instrument, and which is the sole and proper one for the settlement of all controversies arising under it. The language of the Supreme Court, as delivered by Chief Justice Marshall, in the case of McCullough against the State of Maryland, is as follows: "In discussing this question, the counsel for the State of Maryland have deemed it of some importance in the construction of the constitution, to consider that instrument not as emanating from the people, but as the act of sovereign and independent States. The powers of the General Government, it has been said, are delegated by the States, who alone are truly sovereign, and must be exercised in subordination to the States, who alone possess supreme dominion: it would be difficult to sustain this proposition. The Convention which framed the constitution was indeed elected by the State Legislatures; but the instrument, when it came from their hands, was a mere proposal, without obligations or pretensions to it; it was reported to the then existing Congress of the United States, with a request that it might be submitted to a Convention of delegates chosen in each State, by the people thereof, under the recommendation of its Legislature, for their assent and ratification. This mode of proceeding was adopted; and by the Convention, by Congress, and by the State Legislatures, the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectually, and wisely on such a subject, by assembling in Convention. It is true, they assembled in their several States, and where else should they have assembled? No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass; of consequence, when they act they act in their States; but the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State Governments. From these Conventions the constitution derives its whole authority. The Government proceeds directly from the people, is ordained and established' in the name of the people; and is declared to be ordained in order to form a more perfect union, establish justice, ensure domestic tranquillity, and secure the blessings of liberty to themselves and their posterity." Wheaton's Rep. vol. 4, p. 403.

same principles are recognized as being true in the late admirable proclamation of the President of the United States.

As to the doctrine of nullification, your committee would scarcely have considered it worth the trouble of discussion, but for the grave sanction that has thus been given to it by the Convention of South Carolina: they would have treated it as one of those conceits which might have formed the

subject of debate in a moot court of a law school, but would never have conceived it possible that it could enter into the business realities of life.

Under the view which has been taken of the subject, it is scarcely neces sary to inquire into the grounds of complaint, since they are not deemed strong enough, even on the part of the Convention, to warrant a revolutionary measure, or, in other words rebellion; and the particular subject of at tention under the communication, is the attitude assumed by the State on the ground of her sovereign power.

But your committee cannot forbear from expressing the opinion, that their views of political economy are as erroneous as their constitutional principles. They conceive that it would be no difficult matter to show that the distress of South Carolina may be imputed to very different causes than those assigned, and might be traced, with much more semblance of reason, among other causes, to the increased production of their principal staple, both here and in other parts of the world. But your committee refrain from touching further on this subject. They cannot perceive that the people of South Carolina have any constitutional cause of complaint. If there is distress among them, it is a matter in which we deeply sympathise; but if, in the due administration of the General Government, any measure has borne hardly upon them, we know of but one remedy under the constitution and the laws, and that is in the exercise of the elective franchise.

Your committee abstain from the expression of any hopes or wishes on the subject: they lament the delusion under which they believe a portion of the people of that State labor; but they are free to say, that, as the people of this State were the first to adopt the present Government, they will be the last to abandon it; and that whenever and wherever the exigency may arise, they will be found on the side of the constitution and the country.

Your committee, therefore, report the following resolutions:

Whereas, a Convention of the people of the State of South Carolina has undertaken, by an ordinance passed in November last, to declare certain acts of Congress for imposing duties and imposts on the importation of foreign commodities, null and void, and not binding on the State, its officers, and citizens; and has prohibited the enforcement of those laws within the limits of that State; and has also prohibited any appeal from the decisions of the State Courts, wherein the authority of the ordinance shall be drawn in question, to the United States' Courts: And whereas this measure has been communicated, by order of the Convention, to the Governor of this State, for the purpose of being laid before the Legislature, and it is expedient that the sense of the people of this State should be expressed in relation thereto: Therefore, Resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the constitution of the United States is not a treaty or compact between sovereign States, but a form of government emanating from, and established by, the authority of the people of the United States of America.

Resolved, That the Government of the United States, although one of limited powers, is supreme within its sphere, and that the people of the United States owe to it an allegiance which cannot be withdrawn, either by individuals or masses of individuals, without its consent.

Resolved, That the Supreme Court of the United States is the only and proper tribunal for the settlement, in the last resort, of controversies in relation to the constitution and the laws of Congress.

Resolved, That if, in the regular action of the Government, mischief of any kind be produced, the proper remedy is to be found in the elective franchise, and the responsibility of its officers.

Resolved, That, in cases of gross and intolerable oppression, which, in a Government like that of the United States, can be little else than a hypothesis, the natural right of self-defence remains; but which must, in the nature of things, be an appeal to arms, and subject to all the consequences of resistance to the constituted authorities. In such a case, the measure is revolutionary, and the result remains in the hands of the Almighty.

Resolved, That the Convention of South Carolina can have no other or greater right to annul or resist the laws of Congress than any assemblage of an equal number of individuals in any part of the United States; nor can any assemblage, however large, have any other or greater right, for such a purpose, than belongs to each individual citizen, considered as a constitutional

measure.

Resolved, That it is a subject of regret that such a delusion should exist among any portion of the citizens of that State, towards whom the people of this State entertain the kindest feelings, with whom they stood side by side in the war of the revolution, and in whose defence their blood was freely spilt. But if the measure, which has been adopted, is intended as the precursor of resistance to the Government, the people of Delaware will not faulter in their allegiance, but will be found, now as then, true to their country and its Government.

Resolved, That we cordially respond to the sentiments on this subject, contained in the able proclamation of the President of the United States, and shall be, at all times, prepared to support the Government in the exercise of its constitutional rights, and in the discharge of its constitutional duties.

Resolved, That the Governor be requested to transmit a copy of these resolutions, and the accompanying report of the committee, to the President of the United States, to each of our Senators and our Representative in Congress, and to the Governors of the respective States and Territories of the United States of America.

JOSHUA BURTON,

Speaker of the Senate.

THOMAS DAVIS,

Speaker of the House of Representatives.

Passed a Dover, January 16, 1893.

2d Session.

GEORGIA-RESOLUTIONS LEGISLATURE, AND REPORT OF COMMITTEE ON RESOLUTIONS OF TENNESSEE.

FEBRUARY 4, 1833.

Read, and laid upon the table.

EXECUTIVE DEPARTMENT, GEORGIA,

Milledgeville, December 28, 1832.

SIR: In conformity with a joint resolution of the General Assembly of this State, I transmit to you the accompanying preamble and resolutions, approved on the 24th instant.

IN THE HOUSE OF REPRESENTATIVES.

The Joint Committee on the state of the Republic, to whom was referred the resolutions of the General Assembly of the State of Tennessee on the subject of the power which has been assumed and exercised by the General Government, of appropriating money out of the Treasury of the United States to be expended upon objects of internal improvement, submit the following report:

The subject referred to your committee is one upon which the Legislature has heretofore been called on for the expression of an opinion, and one upon which the public mind has been much excited, and is well informed: a reiteration of facts and arguments is therefore not deemed necessary. They will remark, however, that it has lost none of its importance; and although_the growing discontent throughout the southern States, and the firmness of President Jackson, have given a check to the designs of the friends of the American system, and, for the present, closed the doors of the Treasury to their extravagant plans for squandering the public revenue, it must not be forgotten by the supporters of State rights that the principle has not yet been abandoned, and awaits only favorable opportunity to be again called into action by its advocates, in aid of their plans of usurpation and consolidation.

It was early discovered by the friends of the protective system, and we might add of usurpation, that some plan must be adopted to dispose of the exhorbitant tax which they designed to lay upon the commerce of the country; and perhaps the ingenuity of man could not have devised one better suited to the views of the enemies of State rights, and the friends of manufacturing monopolists, or more dangerous to the reserved rights of the States,