Showing posts with label Congress. Show all posts
Showing posts with label Congress. Show all posts

Saturday, March 16, 2024

Diary of Dr. Alfred L. Castleman, August 16, 1861

I am still at Barnum's, and having transferred my sick to the charge of Mr. S., I have a little more time to think, and to journalize my thoughts. I have looked around a little to-day, and my observations have almost made me wish I had no country. When every right which freemen hold dear is at stake, to see men calculating the pecuniary cost of preserving them, sickens the heart, and shakes our confidence in human nature. When the poorer classes are laboring day and night, and exposing their lives in the cause of that government on which the rich lean for protection in the possession of their wealth, to see these loud mouthed patriotic capitalists cheating them in the very clothes they wear to battle, the soul revolts at the idea of human nature civilized into a great mass of money-makers. May we not expect, ere long, that these same patriots will be found opposing the war because it will require a tax on the riches which they shall have amassed from it, to defray its expenses? We shall see.

There must be great imbecility too, somewhere, in the management of our affairs. We are 20,000,000 of people fighting against 6,000,000.* We boast that we are united as one man, whilst our enemies are divided. Congress has voted men and money ad libitum. We boast of our hundreds of thousands of soldiers in the field, whilst the rebel army is far inferior. Yet Sumter yielded to the superiority of numbers. Pickens dares not venture out of her gates, on account of the hosts surrounding her. At Big Bethel we fought against great odds in numbers. At Martinsburg we were as one to three. At Bull Run the united forces of Beauregard and Johnston bore down on and almost annihilated our little force; whilst even in the west we see the brave Lyon sacrificed, and Sigel retreating before superior numbers. And yet we seem insecure even in the defences of our great cities. We are in daily apprehension of an attack on Washington. Baltimore is without an army. St. Louis is in danger, and even Cairo defended by a handful of men compared to the number threatening to attack her. Surely the god of battles cannot have made himself familiar to our leaders.
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* I assume that the slave population are not of those against whom we fight.

SOURCE: Alfred L. Castleman, The Army of the Potomac. Behind the Scenes. A Diary of Unwritten History; From the Organization of the Army, by General George B. McClellan, to the close of the Campaign in Virginia about the First Day January, 1863, p. 15-6

Tuesday, March 12, 2024

Isaac Edward Holmes* to Senator Robert M. T. Hunter, June 8, 1855

CHARLESTON, [S. C.], 8th June, 1855.

MY DEAR HUNTER: Some weeks since I rec[eive]d y[ou]r letter and thank you for y[ou]r efforts in behalf of my brother. I seldom ask anything and rather opine, that my last request is made. I sincerely congratulate you on the success of the Virginia Election. I feared the result, and believe the victory truly auspicious. If the Know Nothings had succeeded, if the Frontier State of the Southern Confederacy had "given-way" our institutions would have been placed in great hazard; as it is, "They are by no means safe." Fanaticism never goes-back and for the first time in our history, abolitionism has the ascendant in Congress.

I see that Senator Wilson has declared, That henceforth no Slave owner, or pro-slavery man shall be President. As the Democratic party are a minority in the North, and as the entire South will most probably act as one man in the next Election, it is essential that we have a Southern man for our Candidate. The sooner we make up the Issue, the better. If we are to be in a hopeless minority, and the Slave States to remain "in statu quo," We must share the fate of the British West Indies. Not only will slavery be abolish[e]d in the District, but in the Territories. Not only additional Slave States be excluded, but free ones made Ad Libitum until the constitution is altered and the entire labour of the South be destroyed. This cant be termed speculation. The effect is as sure as the result of any cause can be. It is my sincere desire that the Union may be saved, but its salvation depends upon the next Presidential Canvass. Virginia must lead off. There should commence an active correspondence between the politicians of the Old Dominion and the Leaders of the Northern Democracy. Before we go into a Caucus we should have a distinct understanding upon all the leading points. Otherwise we should have only a Southern Caucus, irrespective of parties, and proceed to an ulterior organization. I hope Wise may pursue the true course, and "entrenous," I hope that his ambition may not be so stimulated by his late Triumph as to aspire to the purple. Virginia ought to give the President. Her position at this time is potential, and amongst her own people there should be entire unanimity before going into Caucus. Remember that the nominating Caucus will meet during the next Session of Congress, not a Twelve month hence. I am not a politician, but I deem the times so pregnant, that, if alive next Winter, my efforts shall be given to prepare the Southern mind for the Presidential Election. South Carolina, whilst she keeps in the rear of Virginia, must nevertheless be represented in the Caucus. She must no longer be isolated. Thank God, the Cuba question seems settled for awhile. It promised much distraction, and I employed my pen, for the first time these many years, in the endeavor to show the Southern States that the acquisition of Cuba was not to their benefit. One of my pieces or letters was transferred to the National Intelligence[r]. I am writing you from the sick Chamber of Mrs. Holmes who has for a long period been confin[e]d to her room. Alas with little prospect of a recovery. I hope that y[ou]r own family are well.
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* A Representative in Congress from South Carolina, 1839-1851.

SOURCE: Charles Henry Ambler, Editor, Annual Report of the American Historical Association for the Year 1916, in Two Volumes, Vol. II, Correspondence of Robert M. T. Hunter (1826-1876), p. 164-5

Saturday, March 2, 2024

General William T. Sherman to Senator John Sherman, March 10, 1876

HEADQUARTERS ARMY OF THE UNITED STATES,
ST. LOUIS, Mo., March 10, 1876.

Dear Brother: I have purposely refrained from writing to you my opinions and feelings on the terrible fate that so suddenly has befallen General Belknap, because I want to say truthfully that I have never asked you to advocate my cause or to be compromised by my mistakes. I am proud of your position in the Senate, and would not have you to risk it by even the faintest partiality to your brother. But people will ask you what was the real reason why I left Washington; did I have knowledge of frauds and peculations? and was I not bound to reveal them? You may answer positively that I had no knowledge except what Congress and the President had. It was not my office to probe after vague rumors and whispers that had no official basis. The President and Belknap both gradually withdrew from me all the powers which Grant had exercised in the same office, and Congress capped the climax by repealing that law which required all orders to the army to go through the General, and the only other one, a joint resolution that empowered the General to appoint "traders."

The consequence was that orders to individuals of the army went over my head to them, and reports went back without coming through me, as required in every military service on earth. . . .

I have now from Moulton two letters, and from Dayton one. In all which is stated that the new Secretary, Judge Taft, has spoken kindly of me, and expressed a desire to meet me in Washington. I will not go to Washington unless ordered, and it would be an outrage if Congress, under a temporary excitement, should compel my removal back. I came out at my own expense, and never charged a cent for transportation, which I could have done. I can better command the army from here than from there. The causes that made a Belknap remain and will remain. . . .

If you see Judge Taft, say to him that my opinion is that I can fulfil any general policy he may prescribe, and enforce any orders he may give better from St. Louis than Washington.

Affectionately, etc.,
W. T. SHERMAN.

There are two ways to govern the army, its generals, and the other through the staff. If orders and instructions are made to individuals composing the army direct by the Adjutant-General, and not through the commanding General, the latter is not only useless but an incumbrance, and had better be away. But if Secretary Taft is willing to trust me to execute and carry into effect his orders and instructions, all he has to do is to order, and he will find me ready.

Affectionately,
W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 348-9

Thursday, February 22, 2024

Congressman Albert G. Brown’s Speech on Homesteads, July 26, 1850

WHEN arrested in the progress of my remarks yesterday, I was about to say that I approved of the main object of the bill reported by the Committee on Agriculture, and which had been advocated with so much zeal and ability by the gentleman from Tennessee [Mr. Johnson]. I was about to say that my judgment approved the policy of supplying, by some appropriate means, a home to every citizen.

Ours is essentially an agricultural community. The national prosperity of this country, more than any other, depends upon the production of its soil. Whatever tends to increase that production, enhances the national wealth, and, by consequence, increases the national prosperity. The first care of this nation should be to promote the happiness and prosperity of its citizens; and acting on this hypothesis, it has been my constant aim to promote the passage of all laws which tended to ameliorate the condition of the toiling millions.

I have always thought, and now think, that some salutary reform in our land system, by which a fixed and permanent home should be placed within the reach of every citizen, however humble his condition in life, would promote the national prosperity, add to the wealth of the states, and give fresh impetus to the industry and perseverance of our people.

I repeat, sir, that I am for giving to every man in the United States a home—a spot of earth—a place on the surface of God's broad earth which shall be his against the demands of all the world—a place where, in the full enjoyment of all his senses, and the full exercise of all his faculties, he may look upon the world, and, with the proud consciousness of an American citizen, say, This is my home, the castle of my defence; here I am free from the world's cold frowns, and exempt from the Shylock demands of inexorable creditors. These, sir, are my sentiments, long entertained, and now honestly expressed; nor am I to be deterred from their advocacy by any general outcry. Call these sentiments Socialism, Fourierism, Free-Soilism—call them what you please—say this is the doctrine of "vote yourself a farm"—say it is anti-rentism—say what you please—it is the true doctrine; it embraces great principles, which, if successfully carried out, will lead us on to higher renown as a nation, add to the wealth of the separate states, and do more for the substantial happiness of the great mass of our people than all your other legislation combined.

Congress has been in session nearly eight months, and what have you done?—what have you been trying to do? More than six months of that time has been expended in attacking and defending the institution of slavery—the North depreciating and trying to destroy the sixteen hundred millions of dollars invested in this species of property; and the South, forgetting for a season her party differences, banding together for the defence of this vast interest. Sometimes the monotony of this tedious drama has been relieved by a glance at other matters,—a member has appeared to advocate the manufacturing interests, or possibly to put on foot some grand scheme of internal improvement. But, whatever has been said in all our discussions, or by whomsoever it has been said, "the upper ten" have been constantly in view. No one has thought it worth his while to take account of the wants of the millions who toil for bread. The merchants and the manufacturers, the mariners and the speculators, the professions and the men of fortune everywhere, have their advocates on this floor. I speak to-day for the honest, hard-fisted, warm-hearted toiling millions—I speak here, in the councils of this nation, as I speak in the midst of my constituents; and whilst I do not object to the consideration which you give to other interests and other pursuits, I stand up here to demand even-handed justice for the honest but humble cultivator of the soil.

I cannot forget my allegiance—I know the men whose devotion sustains this government—I know the men whose friendship sustains me against the attacks of slander and the malignity of the interested few. For them I speak, and by no senseless cry of demagoguism, will I be turned from my purpose of vindicating their rights on this floor.

Talk, sir, of your lordly manufacturers, your princely merchants, your professional gentry, and your smooth-tongued politicians. The patriotism of one simple-hearted, honest old farmer would outweigh them all; and, for private friendship, I had rather have the hearty good will of one of those plain old men than the hypocritical smiles of as many of your smooth-tongued oily fellows as would fill this Capitol from its dome to its base.

It is my fortune to represent a constituency in which is mingled wealth and poverty;—whilst some are wealthy, and many possess more than a competency, there are many others on whom poverty has fixed his iron grasp. All, I hope, are patriotic. But, sir, if I were going to hunt for patriots who could be trusted in every emergency; patriots who would pour out their blood like water; and who would think it no privation to lay down their lives in defence of their country, I would go among the poor, the squatters, the preemptors, the hardy sons of toil. Though I should expect to find patriots everywhere, I know I should find them here.

Sir, in the great matter of legislation, shall men like these be neglected? I invoke gentlemen to forget for a moment the loom and the furnace, the storehouse, and the ships on the high seas, and go with me to the houses of these people; listen to the story of their wrongs, and let us together do them justice.

Men in affluent circumstances know but little of the wants of other men, and, unfortunately, care less for the miseries of the poor. Rocked in the cradle of fortune from infancy to manhood, they do not understand why it is that some men toil with poverty all their lives, and die at last in penury. Let gentlemen picture to themselves a man reared in humble life, without education, and with no fortune but his hands; see him going into the wild woods with a wife and a family of small children, there, by his unaided exertions, to rear his humble dwelling, to clear the forest and make way for his planting. See him after the toils of the day are over, returning to that humble dwelling to receive the smiles of his wife and hear the merry prattle of his little children. Watch him as he moves steadily and firmly on from day to day; fancy to yourself his heart buoyant with hope as he marks the progress of his growing crop, and pictures to himself the happiness of his wife and little children when he shall have gathered the reward of his summer's toil, sold it, and with the proceeds secured this his humble home.

Look, sir, at this scene; gaze on that sun-burnt patriot, for he is worthy of your admiration. Now go with me one step further, and behold the destruction of all these fairy visions; blighting seasons, low prices, disease, a bad trade, or some unforeseen disaster has overtaken him. His year of honest industry is gone-the time has come when government demands her pay for this poor man's home. He is without money—government, with a hard heart and inexorable will, turns coldly away, and the next week or the next month she sells her land, and this man's labor, his humble house and little fields, are gone. The speculator comes, and with an iron will, turns him and his family out of doors; and all this is the act of his own government—of a government which has untold millions of acres of land. Now, Mr. Speaker, let me ask you, can this man love a government that treats him thus? Never, sir, never. To do so, he should be more than man, and scarcely less than God. Treatment like this would have put out the fire of patriotism in Washington's breast, and almost justified the treachery of Arnold.

Instead of treating her citizens thus, I would have this government interpose its strong arm to protect them from the iron grasp of the heartless speculator. By doing so, you encourage industry, promote happiness, develope the resources of the soil, make better men and purer patriots. In a word, you perform a vast amount of good without the possibility of doing harm.

Not having seen the bill reported by the committee under circumstances which afforded an opportunity for a critical examination, I am not prepared to say that its details meet my approbation.

I am disinclined to give to the settler an absolute title to lands. I am so, sir, because I would secure him in the possession of his home against his misfortunes, and even against his own improvidence. If he is an honest and industrious man, he should have a home where that honest heart could repose in peace, and where the hand of industry could find employment. If he be dishonest, give him a home where, in the bosom of his family, he may hide his shame, and where they may find shelter from the frowns of a cruel world. If he is idle and worthless, give him a home where his wife and children may toil, and, by their example, bring him back to habits of honest industry. In any and in every event, give him a home, and secure him in the possession of that home, against all the contingencies of life and vicissitudes of fortune. When you have done this, rest satisfied that you have at least made a better man, and done something towards the general prosperity.

My own scheme has been reduced to the form of a bill, and before I take my seat I beg leave to send it to the Clerk's desk, that it may be read—promising that I am wedded to no special plan. The object is a good one; it meets my cordial approbation, and I shall most heartily unite in any scheme which gives reasonable promise of success.

I offer the paper which I hold in my hand as a substitute for the original proposition, and ask that it may be included in the motion to print.

Mr. Brown's proposition was read.

Strike out all after the enacting clause, and insert as follows:

 

That the laws now in force granting preemption to actual settlers on the public lands, shall continue until otherwise ordered by Congress, and that the same be extended to all the territories of the United States.

 

SEC. 2. And be it further enacted, That from and after the passage of this act, the rights of preemptors shall be perpetuated: that is to say, persons acquiring the right of preemption shall retain the same without disturbance, and without payment of any kind to the United States, but on these conditions: First, The preemptor shall not sell, alienate or dispose of his or her right for a consideration, and if he or she voluntarily abandons one preemption and claims another, no right shall be acquired by such claim, until the claimant shall first have testified, under oath, before the register of the land office when the claim is preferred, that he or she has voluntarily abandoned his or her original preemption, and that no consideration, reward or payment of any kind has been received, or is expected, directly or indirectly, as an inducement for such abandonment; and any person who shall testify falsely in such case, shall be deemed guilty of perjury. Second: Any person claiming and holding the right of preemption to lands under this act, may be required by the state within which the same lies, to pay taxes thereon in the same manner, and to the same extent, as if he or she owned the said land in fee simple; and in case such lands are sold for taxes, the purchaser shall acquire the right of preemption only. Third: Absence of the preemptor and his family for six consecutive months, shall be deemed an abandonment, and the land shall, in such case, revert to the United States, and be subject to the same disposition as other public lands.

 

SEC. 3. And be it further enacted, That lands preempted, and the improvements thereon, shall not be subject to execution sale, or other sale for debt; and all contracts made in reference thereto, intended in anywise to alienate the right, or to embarrass or disturb the preemptor in his or her occupancy, shall be absolutely null and void.

 

SEC. 4. And be it further enacted, That the preemptor may, at any time, at his or her discretion, enter the lands preempted, by paying therefor to the proper officer of the United States one dollar and twenty-five cents per acre.

 

SEC. 5. And be it further enacted, That in case of the preemptor's death, if a married man, his right shall survive to his widow and infant children, but the rights of the older children shall cease as they respectively come of age, or when they reach the age of twenty-one years; in all cases the right of preemption shall remain in the youngest child. And in case of the death of both father and mother, leaving an infant child or children, the executor, administrator, or guardian, may at any time within twelve months after such death, enter said preempted lands in the name of said infant child or children, or the said preemption, together with the improvements on the lands, may be deemed property, and as such, sold for the benefit of said infants, but for no other purpose, and the purchaser may acquire the right of the deceased preemptor by such purchase.

 

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In reply to Mr. Morse, of Louisiana, Mr. BROWN said: Mr. Chairman, the gentleman from Louisiana [Mr. Morse], in the progress of his remarks was understood by me to assume the ground that my proposition is unconstitutional. I did not, as you know, Mr. Speaker, undertake to explain, much less to vindicate that proposition. Its provisions are so few and so simple, that it may be well left to speak its own vindication, even against the furious assault of the honorable gentleman.

It proposes simply to perpetuate a law which has stood for years on your statute book, an honorable monument to the wisdom and justice of Congress. To-day, for the first time, it has been discovered to be unconstitutional. The preemption law struggled into existence against the combined opposition of many of the first minds in the country. It has received the repeated sanction of Congress, and to-day I know of no man from the new states who desires its repeal, or who has the boldness to avow such desire if he feels it. Instead of limiting the right of the preemptor to one year or two years, I simply propose to perpetuate that right, and this is the measure which the astute gentleman from Louisiana says is unconstitutional. I shall not stop to vindicate the measure from such a charge. The government has full power to dispose of the public lands, and in the exercise of this power, it has from time to time reduced the price, and in many hundred instances given them away.

I ask the honorable gentleman if the act by which five hundred thousand acres of the public lands were given to the state of Louisiana was unconstitutional? Were the various acts giving lands to the states, Louisiana among the rest, for educational purposes, unconstitutional? Did the honorable gentleman violate the Constitution last year, when he voted to give to his own state five millions of the public lands for works of internal improvement? Did we all violate the Constitution the other day, when we voted bounty lands to the soldiers of the last war with Great Britain and all our Indian wars?

No one knows better than the honorable gentleman, that this government has habitually given away the public lands—given them to the states for internal-improvement purposes; given them to establish colleges and primary schools; given them to railroad and canal companies given them to states and to soulless corporations, for almost every conceivable purpose; and all this has been done within the Constitution; but now, sir, when it is proposed to allow the humble citizen to reside on these lands, the gentleman starts up as though he had just descended from another world, and startles us with a declaration that we are violating the Constitution.

It has pleased the honorable member to denominate this as a villanous measure; and with great emphasis he declares, that its supporters are demagogues. It will not surprise you or others, Mr. Speaker, if I speak warmly in reply to language like this. The gentleman was pleased to extract the poison from his sting, by declaring that he used these words in no offensive sense. In reply, I shall speak plainly, but within the rules of decorum.

"Demagoguing,"—“demagoguing," says the honorable gentleman, "for the votes of the low, ill-bred vagrants and vagabonds." Sir, this is strange language, coming from that quarter. I know something of the gentleman's constituents. Many of the best of them are of this despised caste; many of them are the low, ill-bred vagabonds, of which the gentleman has been speaking. Many, very many, of them are squatters on the public lands. Sir, I should like to hear the honorable gentleman making the same speech in one of the upper parishes of Louisiana, which he has this day pronounced in the American Congress. I can well conceive how his honest constituents the squatters, would stare and wonder, to hear a gentleman, so bland and courteous last year, now so harsh and cruel. Yes, sir, the gentleman's squatter constituents would stand aghast to hear the representative denouncing them as a dirty, ill-bred set of vagabonds and scoundrels—when the candidate, with a face all wreathed in his blandest smile, had told them they were the cleverest fellows in the world!

It may do very well, Mr. Speaker, for gentlemen, when they come on to Washington, to get upon stilts and talk after this fashion. It may sound beautiful in the ears that are here to catch the sound, thus to denounce a measure intended to relieve the poor man's wants as villanous, and its advocates as demagogues. But, sir, I take it upon myself to say there is not a congressional district in the West or Southwest where a candidate for Congress would dare to use such language.

Sir, I know very well how popular electioneering canvasses are conducted, and bold and valiant as the gentleman is, he would scarcely commit the indiscretion of saying to any portion of the voters in his district that they were an ill-bred set of vagabonds, and if he did, they would hardly commission him to repeat the expression in Congress. Let me warn the gentleman, that if the speech made by him to-day shall ever reach his constituents, it will sound his political death-knell. If I owed the gentleman any ill-will, which I take this occasion to say I do not, it would be my highest hope that he would write out and print that speech just as he delivered it. I should at least have a comfortable assurance that the speech would be the last of its kind.

In conclusion, Mr. Speaker, I have to repeat that, notwithstanding the maledictions of the gentleman from Louisiana, I am still for this proposition; and though that gentleman may continue to denounce the squatters on the public lands as a worthless, ill-bred set of vagabonds, I am still their friend. They are honest men, pure patriots, and upright citizens. They are worthy of our care. If the candidate can afford to flatter them for their votes, the representative should not skulk the responsibility of voting to protect their interests. I hold but one language, and it shall be the language of honest sincerity. I would scorn to flatter a poor squatter for his vote in the swamps of Louisiana, and then stand up before the American Congress as his representative, and denounce him as a worthless vagabond.

Sir, if the men are worthless the women are not, and I could appeal to the well-known gallantry of the honorable member to interpose in their behalf. If you will do nothing for the ruder sex, interpose the strong arm of the law to shield the women and children, at least, from the rude grasp of the avaricious speculator. If a man be worthless, let the appeal go up for his wife and little children. Secure them a home, and that wife will make that home her castle. It will shelter her and her little children from the rude blasts of winter, and the rude blows of a wicked world. She will toil there for bread, and with her own hand. plant a shrub, perchance a flower. She will make it useful by her industry, and adorn it by her ingenuity. Give it to her, sir, and she will invoke such blessings on your head as a pious woman alone can ask.

I thank the gentleman from Louisiana, not for his speech, but for his courtesy in giving me a part of his time in which to reply.

SOURCE: M. W. Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon. Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 194-9

Tuesday, February 20, 2024

Colonel Robert Selden Garnett to Senator Robert M. T. Hunter, November 5, 1853

WEST POINT, NEW YORK, November 5th, 1853.

MY DEAR COUSIN: Before Congress meets and you become pressed with business incident thereto, I wish to mention a matter to you in which it may fall within your power to be of some service to the Army. I allude to the organization of the Committee on Military Affairs in the Senate. The point is to have any man in the Senate placed at its head in preference to General Shields.1 As long as he continues at its head the Army can expect nothing at the hands of Congress. We are abundantly satisfied of Gen [era]l Shield's friendly intentions towards us. But he appears to have no weight or consideration in the Senate, and is disposed to be led about by the staff and other idle officers about Washington City. The wild and conflicting schemes which he proposed in rapid succession during the last two sessions of Congress fully show this. A little knowledge is said to be a dangerous thing, and Gen[era]1 Shield's military knowledge and experience is precisely of this sort. It can be well spared. Under his auspices two of the most unequal and unjust laws that Congress has ever enacted with regard to the Army, were passed, and we have no desire to have any more of the General's Military experience. We have nobody to urge as his Substitute, the best men being already at the head of more important Committees. All we ask is to get rid of Gen[era]l Shields and ditto of Weller.2

I trust that you have not relinquished all hope of establishing a Board of Accounts. I have had some experience in a small way in this matter, and I am fully satisfied of the inadequacy of the present system of adjusting Accounts with the Gov[ernmen]t, or rather of not adjusting them for half of them never will be settled. My best regards to all at Fort Hill.

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1 James Shields, a Senator in Congress from Illinois, 1849-1855; from Minnesota, 1858-1859; from Missouri, Jan. 24, 1879, to Mar. 3, 1879.

2 John B. Weller, a Senator in Congress from California, 1852-1857; governor of California, 1858-1860; minister to Mexico, 1860-1861.

SOURCE: Charles Henry Ambler, Editor, Annual Report of the American Historical Association for the Year 1916, in Two Volumes, Vol. II, Correspondence of Robert M. T. Hunter (1826-1876), p. 157

Tuesday, February 13, 2024

General William T. Sherman to Senator John Sherman, August 28, 1874

HEADQUARTERS ARMY OF THE UNITED STATES,        
ST. LOUIS, Mo., Oct. 23, 1874.
Dear Brother:

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I am now established here with a good headquarters, corner of 10th and Locust, where I can dispatch promptly all business that properly devolves on me. I have, as I have always had, the smallest possible staff and a most inexpensive establishment, and therefore am not regarded by the non-combatant staff who flock in Washington, as a friend of that ornamental part of the army. But here I am in easy communication with, and in perfect harmony with, the real working army. . . .

But if let alone, I will do what devolves on me by law and custom, and endeavor to injure no one; but of those fellows in Washington who have served through several great wars, and boast that they have never heard a shot, and never had to do the dirty work of campaigning, I will speak out and Congress will have to notice it.

The Republican newspaper in Washington, their organ, intimates that inasmuch as I have removed from Washington, I am not in harmony with the Administration and should resign. By my office I am above party, and am not bound in honor or fact to toady to any body. Therefore I shall never resign, and shall never court any other office, so they may reserve their advice to men who seek it. . .

I have always expressed a desire that some good man, a statesman of experience if he can be found, be selected for President. General Grant has had enough to recognize the obligation of the country to the army, and the time has come to return to the civil list. In no event and under no circumstances will I yield to this, my final determination. . . .

Yours affectionately,
W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 340-1

General William T. Sherman to Senator John Sherman, March 18, 1875

HEADQUARTERS ARMY OF THE UNITED STATES,        
ST. LOUIS, Mo., March 18, 1875.
Dear Brother:

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To-morrow Generals Sheridan and Pope will meet here to discuss the Indian troubles. We could settle them in an hour, but Congress wants the patronage of the Indian bureau, and the bureau wants the appropriations without any of the trouble of the Indians themselves. I don't suppose in the history of the world there is such a palpable waste of money as that bestowed on the Kioways, and no wonder our government is sinking deeper and deeper into debt. We have spent in the past seven months, at least half a million dollars in bringing down these Indians, and this is the fourth time since I have personal knowledge of the fact. . .

Yours affectionately,
W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 344

Saturday, January 27, 2024

Andrew Jackson’s Proclamation Regarding the Nullifying Laws of South Carolina, December 10, 1832

PROCLAMATION,

BY ANDREW JACKSON, PRESIDENT OF THE UNITED STATES.

TUESDAY, DECEMBER 10, 1832.

Whereas a convention, assembled in the State of South Carolina, have passed an ordinance, by which they declare, "that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially" two acts for the same purposes, passed on the twenty-ninth of May, 1828, and on the fourteenth of July, 1832, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that State or its officers: and, by the said ordinance, it is further declared to be unlawful for any of the constituted authorities of the State, or of the United States, to enforce the payment of the duties imposed by the said acts within the same State, and that it is the duty of the legislature to pass such laws as may be necessary to give full effect to the said ordinance:

And, whereas, by the said ordinance, it is further ordained, that in no case of law or equity, decided in the courts of said State, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and that any person attempting to take such appeal, shall be punished as for a contempt of court:

And, finally, the said ordinance declares that the people of South Carolina will maintain the said ordinance at every hazard; and that they will consider the passage of any act by Congress, abolishing or closing the ports of said State, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal Government to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said acts, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of the said State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will, forth with, proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do:

And, whereas, the said ordinance prescribes to the people of South Carolina a course of conduct, in direct violation of their duty, as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union—that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them, than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence-that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a State of prosperity at home and high consideration abroad, rarely, if ever, equalled in the history of nations. To preserve this bond of our political existence from destruction, to maintain, inviolate, this state of national honor and prosperity, and to justify the confidence my fellow-citizens have reposed in me, I, ANDREW JACKSON, President of the United States, have thought proper to issue this, my PROCLAMATION, stating my views of the Constitution and laws, applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the convention.

Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with State Authority, and the deep interest which the people of the United States must all feel, in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remonstrance, perhaps demand, and will certainly justify, a full exposition to South Carolina and the nation, of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue.

The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured, but on the strange position that any one State may not only declare an Act of Congress void, but prohibit its execution—that they may do this consistently with the Constitution—that the true construction of that instrument permits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may chose to consider as constitutional. It is true, they add, that, to justify this abrogation of a law, it must be palpably contrary to the Constitution; but it is evident that, to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may asked why it is not deemed a sufficient guard against the passage of an unconstitutional Act by Congress. There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress one to the judiciary, the other to the people and the States. There is no appeal from the State decision in theory: and the practical illustration shows that the courts are closed against an application to review it, both judges and jurors being sworn to decide in its favor, But reasoning on this subject is superfluous when our social compact in express terms declares, that the laws of the United States, its Constitution, and treaties made under it, are the Supreme Law of the Land: and, for greater caution, adds, “that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding." And it may be asserted, without fear of refutation, that no federative government could exist without a similar provision. Look for a moment to the consequence. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected any where; for all imposts must be equal. It is no answer to repeat that an unconstitutional law is no law, so long as the question of its legality is to be decided by the State itself; for every law operating injuriously upon any local interest will be perhaps thought, and certainly represented, as unconstitutional, and, as has been shown, there is no appeal.

If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but, fortunately, none of those States discovered that they had the right now claimed by South Carolina. The war into which we were forced, to support the dignity of the nation and the rights of our citizens, might have ended in defeat and disgrace, instead of victory and honor, if the States, who supposed it a ruinous and unconstitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice.

If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our constitutional history will also afford abundant proof that it would have been repudiated with indignation, had it been proposed to form a feature in our government.

In our colonial State, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and before the Declaration of Independence, we were known in our aggregate character as THE UNITED COLONIES OF AMERICA. That decisive and important step was taken jointly. We declared ourselves a nation by a joint, not by several acts; and when the terms of our confederation were reduced to form, it was in that of a solemn league of several States, by which they agreed that they would, collectively, form one nation for the purpose of conducting some certain domestic concerns, and all foreign relations. In the instrument forming that Union, is found an article which declares that "every State shall abide by the determinations of Congress on all questions which by that confederation should be submitted to them."

Under the confederation, then, no State could legally annul a decision of the Congress, or refuse to submit to its execution; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on individuals. They had no judiciary, no means of collecting revenue.

But the defects of the confederation need not be detailed. Under its operation, we could scarcely be called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed; but formed in vain, if this fatal doctrine prevails. It was formed for important objects that are announced in the preamble made in the name and by the authority of the people of the United States, whose delegates framed, and whose conventions approved it. The most important among these objects, that which is placed first in rank, on which all the others rest, is "to from a more perfect Union" Now, is it possible that, even if there were no express provision giving supremacy to the Constitution and Laws of the United States over those of the States, it can be conceived, that an instrument made for the purpose of "forming a more perfect Union" than that of the confederation, could be so constructed by the assembled wisdom of our country as to substitute for that confederation a form of government dependent for its existence on the local interest, the party spirit of a State, or of a prevailing faction in a State? Every man of plain unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union. Metaphysical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calculated to destroy it.

I consider, then, the power to annual a law of the United States, assumed by one State, INCOMPATIBLE WITH THE EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED.

After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance.

The preamble rests its justification on these grounds: It assumes, as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were, in reality, intended for the protection of manufactures, which purpose it asserts to be unconstitutional—that the operation of these laws is unequal—that the amount raised by them is greater than is required by the wants of the government—and, finally, that the proceeds are to be applied to objects unauthorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtually acknowledges that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts; but its constitutionality is drawn in question from the motives of those who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the members who assent to a law enacted under a constitutional power, shall make that law void; for how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad purposes be falsely imputed? in how many cases are they concealed by false professions? in how many is no declaration of motive made? Admit this doctrine, and you give to the States an uncontrolled right to decide, and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doctrine should be admitted, that a State may annul an unconstitutional law, or one that it deems such, it will not apply to the present case.

The next objection is, that the laws in question operate unequally. This objection may be made with truth, to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitutional, and if all laws of that description may be abrogated by any State for that cause, then indeed is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto relied on it as the perpetual bond of our Union.

We have received it as the work of the assembled wisdom of the nation, have trusted to it as to the sheet anchor of our safety, in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe, as the palladium of our liberties; and, with all the solemnities of religion, have pledged to each other, our lives and fortunes here, and our hopes of happiness hereafter, in its defence and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution of our country? Was our devotion paid to the wretched, inefficient, clumsy contrivance, which this new doctrine would make it? Did we pledge ourselves to the support of an airy nothing—a bubble that must be blown away by the first breath of disaffection? Was this self-destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of constitutional reform was entrusted? Did the name of Washington sanction, did the States deliberately ratify, such an anomaly in the history of fundamental legislation? No. We were not mistaken! The letter of this great instrument is free from this radical fault: its language directly contradicts the imputation: its spirit—its evident intent, contradicts it. No, we did not err! Our Constitution does not contain the absurdity of giving power to make laws, and another power to resist them. The sages, whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. The father of his country did not affix his revered name to so palpable and absurdity. Nor did the States, when they severally ratified it, do so under the impression that a veto on the laws of the United States was reserved to them, or that they could exercise it by application. Search the debates in all their conventions—examine the speeches of the most zealous opposers of federal authority—look at the amendments that were proposed. They are all silent—not a syllable uttered, not a vote given, not a motion made to correct the explicit supremacy given to the laws of the Union over those of the States—or to show that implication, as is now contended, could defeat it. No, we have not erred! The Constitution is still the object of our reverence, the bond of our Union, our defence in danger, the source of our prosperity in peace. It shall descend, as we have received it, uncorrupted by sophistical construction, to our posterity; and the sacrifices of local interests, of State prejudices, of personal animosities, that were made to bring it into existence, will again be patriotically offered for its support.

The two remaining objections, made by the ordinance to these laws, are, that the sums intended to be raised by them are greater than are required, and that the proceeds will be unconstitutionally employed. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the public exigencies will require. The States have no control over the exercise of this right, other than that which results from the power of changing the representatives who abuse it, and thus procure redress.

Congress may, undoubtedly, abuse this discretionary power, but the same may be said of others with which they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the representatives of the people, checked by the representatives of the States, and by the executive power. The South Carolina construction gives it to the legislature or the convention of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the Chief Magistrate, elected by the people, have any representation. Which is the most discreet disposition of the power? I do not ask you, fellow-citizens, which is the constitutional disposition—that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power, in the last resort? Would you add a clause, giving it to each of the States; or would you sanction the wise provisions already made by your Constitution? If this should be the result of your deliberations, when providing for the future, are you—can you be—ready to risk all that we hold dear, to establish, for a temporary and a local purpose, that which you must acknowledge to be destructive, and even absurd, as a general provision? Carry out the consequences of this right vested in the different States, and you must perceive that the crisis your conduct presents at this day, would recur whenever any law of the United States displeased any of the States, and that we should soon cease to be a nation.

The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the law so applying the proceeds, but surely cannot be urged against the laws levying the duty.

These are the allegations contained in the ordinance. Examine them seriously, my fellow-citizens—judge for yourselves. I appeal to you to determine whether they are so clear, so convincing, as to leave no doubt of their correctness: and even if you should come to this conclusion, how far they justify the reckless, destructive course, which you are directed to pursue. Review these objections, and the conclusions drawn from them, once more. What are they? Every law, then, for raising revenue, according to the South Carolina ordinance, may be rightfully annulled, unless it be so framed as no law ever will or can be framed. Congress have a right to pass laws for raising revenue, and each State has a right to oppose their execution—two rights directly opposed to each other; and yet is this absurdity supposed to be contained in an instrument drawn for the express purpose of avoiding collisions between the States and the General Government, by an assembly of the most enlightened statesmen and purest patriots ever embodied for a similar purpose.

In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises—in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution; that those laws and that Constitution shall be the "supreme law of the land; and that the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding." In vain have the people of the several States solemnly sanctioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain provisions! ineffectual restrictions! vile profanation of oaths! miserable mockery of legislation! If a bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation—say here it gives too little, there too much, and operates unequally—here it suffers articles to be free that ought to be taxed, there it taxes those that ought to be free—in this case the proceeds are intended to be applied to purposes which we do not approve—in that the amount raised is more than is wanted. Congress, it is true, are invested by the Constitution with the right of deciding these questions according to their sound discretion. Congress is composed of the representatives of all the States and of all the people of all the States; but we, part of the people of one State, to whom the Constitution has given no power on the subject, from whom it has expressly taken it away—we, who have solemnly agreed that this Constitution shall be our law—we, most of whom have sworn to support it—we, now abrogate this law, and swear, and force others to swear, that it shall not be obeyed—and we do this, not because Congress have no right to pass such laws; this we do not allege; but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know, from their unequal operation; although it is impossible from the nature of things that they should be equal—and from the disposition which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the ordinance in relation to laws which it abrogates for alleged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitution and treaties shall be paramount to the State constitutions and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the United States, by appeal, when a State tribunal shall decide against this provision of the Constitution. The ordinance declares there shall be no appeal; makes the State law paramount to the Constitution and laws of the United States; forces judges and jurors to swear that they will disregard their provisions; and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawful for the authorities of the United States, or of that State, to enforce the payment of duties imposed by the revenue laws within its limits.

Here is a law of the United States, not even pretended to be unconstitutional, repealed by the authority of a small majority of the voters of a single State. Here is a provision of the Constitution which is solemnly abrogated by the same authority.

On such expositions and reasonings, the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute them.

This right to secede is deduced from the nature of the Constitution, which, they say, is a compact between sovereign States, who have preserved their whole sovereignty, and, therefore, are subject to no superior; that, because they made the compact, they can break it when, in their opinion, it has been departed from by the other States. Fallacious as this course of reasoning is, it enlists State pride, and finds advocates in the honest prejudices of those who have not studied the nature of our government sufficiently to see the radical error on which it rests.

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 its construction, 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 the President and Vice President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes, are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The People, then, and not the States, are represented in the executive branch.

In the House of Representatives there is this difference, that the people of one State do not, as in the case of President and Vice President, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own representatives. But this creates no material distinction. When chosen, they are all representatives of the United States, not representatives of the particular State from which they come. They are paid by the United States, not by the State; nor are they accountable to it for any act done in the performance of their legislative functions; and, however they may in practice, as it is their duty to do, consult and prefer the interests of their particular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as representatives of the United States, to promote the general good.

The Constitution of the United States, then, forms a government, not a league; and whether it be formed by 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 States: they 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 a nation; and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an offence against the whole 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 connexion with the other parts, to their injury or ruin, without committing any offence. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a constitutional right is confounding the meaning of terms; and can only be done through gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution, or incur the penalties consequent on a failure.

Because the Union was formed by a compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it: but it is precisely because it is a compact that they cannot. A compact is an agreement or binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt: if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations, generally, has no sanction other than a moral one; or, if it should contain a penalty, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a sanction, expressed or implied; and, in our case, it is both necessarily implied and expressly given. An attempt by force of arms to destroy a government, is an offence, by whatever means the constitutional compact may have been formed; and such government has the right, by the law of self defence, to pass acts for punishing the offender, unless that right is modified, restrained, or resumed, by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and under this grant provision has been made for punishing acts which obstruct the due administration of the laws.

It would seem superfluous to add any thing to show the nature of that union which connects us; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further development to my views on this subject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States, than the magistrate who now addresses you. No one would make greater personal sacrifices, or official exertions, to defend them from violation; but equal care must be taken to prevent on their part an improper interference with, or resumption of, the rights they have vested in the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution: but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the alleged, undivided sovereignty of the States, and on their having formed in this sovereign capacity a compact which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been anticipated.

The States severally have not retained their entire sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these important purposes, were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the government of the United States—they became American citizens, and owed obedience to the Constitution of the United States, and to laws made in conformity with the powers it vested in Congress. This last position has not been, and cannot be denied. How then can that State be said to be sovereign and independent, whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard those laws, when they come in conflict with those passed by another? What shows conclusively that the States cannot be said to have reserved an undivided sovereignty, is, that they expressly ceded the right to punish treason—not treason against their separate power—but treason against the United States. Treason is an offence against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred, because they have for their common interest made the General Government the depository of these powers. The unity of our political character (as has been shown for another purpose) commenced with its very existence. Under the royal government, we had no separate character our opposition to its oppression began as UNITED COLONIES. We were the UNITED STATES under the confederation, and the name was perpetuated, and the union rendered more perfect, by the Federal Constitution. In none of these stages did we consider ourselves in any other light than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes and with defined powers, created national governments—how is it, that the most perfect of those several modes of union should now be considered as a mere league, that may be dissolved at pleasure? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league; but, it is labored to prove it a compact, (which in one sense it is,) and then to argue that as a league is a compact, every compact between nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the States are not sovereign, and that even if they were, and the National Constitution had been formed by compact, there would be no right in any one State to exonerate itself from its obligations.

So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those sacrifices be recalled? Can the States who magnanimously surrendered their title to the territories of the west, recall the grant? Will the inhabitants of the inland States agree to pay the duties that may be imposed without their assent by those on the Atlantic or the Gulf, for their own benefit? Shall there be a free port in one State, and onerous duties in another? No one believes that any right exists in a single State to involve all the others in these and countless other evils, contrary to the engagements solemnly made. Every one must see that the other States, in self-defence, must oppose at all hazards.

These are the alternatives that are presented by the Convention: a repeal of all the acts for raising revenue, leaving the government without the means of support; or an acquiescence in the dissolution of the Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known if force was applied to oppose the execution of the laws, that it must be repelled by force—that Congress could not, without involving itself in disgrace, and the country in ruin, accede to the proposition; and yet, if this is not done in a given day, or if any attempt is made to execute the laws, the State is, by the ordinance, declared to be out of the Union. The majority of a convention assembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina, It is true that the Governor of the State speaks of the submission of their grievances to a convention of all the States; which, he says, they "sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtaining the sense of the other States on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the State on this destructive measure. The State might have proposed the call for a general convention to the other States; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he expressed a hope that, "on a review by Congress and the functionaries of the General Government of the merits of the controversy," such a convention will be accorded to them, must have known that neither Congress nor any functionary of the General Government has authority to call such a convention, unless it be demanded by two-thirds of the States. This suggestion, then, is another instance of the reckless inattention to the provisions of the Constitution with which this crisis has been madly hurried on; or of the attempt to persuade the people that a constitutional remedy had been sought and refused. If the Legislature of South Carolina "anxiously desire" a general convention to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek" it, is completely negatived by the omission.

This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have elected delegates to a State convention: that convention has ordained that all the revenue, laws of the United States, must be repealed, or that they are no longer a member of the Union. The Governor of that State has recommended to the Legislature the raising of an army to carry the secession into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to PROCLAIM not only that the duty imposed on me by the Constitution "to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such other as the wisdom of Congress shall devise and entrust to me for that purpose; but to warn the citizens of South Carolina, who have been deluded into an opposition to the laws, of the danger they will incur by obedience to the illegal and disorganizing ordinance of the convention—to exhort those who have refused to support it to persevere in their determination to uphold the Constitution and laws of their country, and to point out to all, the perilous situation in which the good people of that State have been led—and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support.

Fellow-citizens of my native State!—Let me not only admonish you, as the first magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his children, whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived themselves, or wish to deceive you, Mark under what pretences you have been led on to the brink of insurrection and treason, on which you stand! First, a diminution of the value of your staple commodity, lowered by over production in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws are confessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burdens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably—might be constitutionally made—that you might enjoy all the advantages of the Union and bear none of its burdens.

Eloquent appeals to your passions, to your state pride, to your native courage, to your sense of real injury, were used to prepare you for the period when the mask which concealed the hideous features of DISUNION should be taken off, It fell, and you were made to look with complacency on objects which, not long since, you would have regarded with horror. Look back at the arts which have brought you to this state—look forward to the consequences to which it must inevitably lead. Look back to what was first told you, as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional, and intolerably oppressive—it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! This character which was given to it, made you receive, with too much confidence, the assertions that were made of the unconstitutionality of the law, and its oppressive effects. Mark, my fellow-citizens, that, by the admission of your leaders, the unconstitutionality must be palpable, or it will not justify either resistance or nullification! What is the meaning of the word palpable, in the sense in which it is here used?—that which is apparent to every one; that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that description? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of common understanding, or as imposing upon your confidence, and endeavoring to mislead you now.

In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they address to you. They are not champions of liberty, emulating the fame of our revolutionary fathers; nor are you an oppressed people, contending, as they repeat to you, against worse than colonial vassalage. You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitutionally passed: but that inequality must necessarily be removed. At the very moment when you were madly urged on the unfortunate course you have begun, a change in public opinion had commenced. The nearly approaching payment of the public debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general consumption in your State. The importance of this change was understood, and you were authoritatively told, that no further alleviation of their burdens was to be expected, at the very time when the condition of the country imperiously demanded such a modification of the duties, as should reduce them to a just and equitable scale. But, as if apprehensive of the effect of this change, in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves.

I have urged you to look back to the means that were used to hurry you on to the position you have now assumed; and forward to the consequences it will produce. Something more is necessary. Contemplate the condition of that country of which you still form an important part! Consider its government, uniting in one bond of common interests and general protection, so many different States; giving to all their inhabitants the proud title of AMERICAN CITIZENS; protecting their commerce, securing their literature and their arts, facilitating their intercommunication, defending their frontiers, and making their name respected in the remotest parts of the earth! Consider the extent of its territory, its increasing and happy population, its advance in arts, which render life agreeable, and the sciences, which elevate the mind! See education spreading the lights of religion, humanity, and general information into every cottage in the wide extent of our Territories and States! Behold it as the asylum where the wretched and the oppressed find a refuge and a support! Look on this picture of happiness and honor, and say WE, TOO, ARE CITIZENS OF AMERICA; Carolina is one of these proud States: her arms have defended, her best blood has cemented this happy Union! And then add, if you can, without horror and remorse, this happy Union we will dissolve this picture of peace and prosperity we will deface this free intercourse we will interrupt—these fertile fields we will deluge with blood—the protection of that glorious flag we renounce—the very names of Americans we discard. And for what, mistaken men!—for what do you throw away these inestimable blessings—for what would you exchange your share in the advantages and honor of the Union? For the dream of a separate independence—a dream interrupted by bloody conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establishing a separation, what would be your situation? Are you united at home—are you free from the apprehension of civil discord, with all its fearful consequences? Do our neighboring republics, every day suffering some new revolution or contending with some new insurrection—do they excite your envy? But the dictates of a high duty oblige me solemnly to announce, that you cannot succeed.

The laws of the United States must be executed. I have no discretionary power on the subject—my duty is emphatically pronounced in the Constitution. Those who told you that you might peaceably prevent their execution, deceived you they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion; but be not deceived by names; disunion by armed force, is TREASON. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful consequences—on their heads be the dishonor, but on yours may fall the punishment—on your unhappy State will inevitably fall all the evils of the conflict you force upon the government of your country. It cannot accede to the mad project of disunion of which you would be the first victims—its first magistrate cannot, if he would, avoid the performance of his duty—the consequence must be fearful for you, distressing to your fellow-citizens here, and to the friends of good government throughout the world. Its enemies have beheld our prosperity with a vexation they could not conceal—it was a standing refutation of their slavish doctrines, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumpters, the Rutledges, and of the thousand other names which adorn the pages of your revolutionary history, will not abandon that Union, to support which so many of them fought and bled and died. I adjure you, as you honor their memory as you love the cause of freedom, to which they dedicated their lives—as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your State the disorganizing edict of its convention—bid its members to re-assemble and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, prosperity and honor—tell them that, compared to disunion, all other evils are light, because that brings with it an accumulation of all—declare that you will never take the field unless the star spangled banner of your country shall float over you that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country! Its destroyers you cannot be. You may disturb its peace—you may interrupt the course of its prosperity—you may cloud its reputation for stability—but its tranquility will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder.

Fellow-citizens of the United States! The threat of unhallowed disunion the names of those, once respected, by whom it is uttered—the array of military force to support it—denote the approach of a crisis in our affairs on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free governments, may depend. The conjunction demanded a free, a full, and explicit enunciation, not only of my intentions but of my principles of action; and as the claim was asserted of a right by a State to annul the laws of the Union and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and constitutional opinion of my duties which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws—to preserve the Union by all constitutional means—to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force; and, if it be the will of Heaven that the recurrence of its primeval curse on man for the shedding of a brother's blood should fall upon our land, that it be not called down by any offensive act on the part of the United States.

Fellow citizens! The momentous case is before you. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessings it se cures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new confidence in republican institutions, and that the prudence, the wisdom and the courage which it will bring to their defence, will transmit them unimpaired and invigorated to our children.

May the Great Ruler of nations grant that the signal blessings with which He has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost: and may His wise Providence bring those who have produced this crisis, to see the folly, before they feel the misery of civil strife: and inspire a returning veneration for that Union which, if we may dare to penetrate His designs, He has chosen as the only means of attaining the high destinies to which we may reasonably aspire.

In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.

Done at the city of Washington this 10th day of December, in the year of our Lord, one thousand eight hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

ANDREW JACKSON.
By the President:
        EDW. LIVINGSTON, Secretary of State.

SOURCES: Jonathan Phillips, Editor, Messages of the Presidents of the United States, from the Formation of the General Government, Down to the Close of the Administration of President Van Buren; Concluding with the Inaugural Address of President William H. Harrison, p. 499-512; The Statutes at Large and Treaties, of the United States of America, From December 3, 1855 to March 3, 1859, and Proclamations since 1791, Volume 11 (1856-1857), 34th and 35th Congress. U.S. Statutes at Large, Volume 11 (1856-1857), p. 771-81