Sunday, June 25, 2006

...founded on the inherent and inalienable right of all men to resist oppression...

Journal of the Senate of the United States of America,
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MONDAY, January 28, 1833.

The President communicated a letter from the Secretary of War, transmitting, for the use of the Senate, fifty printed copies of the Army Register for the present year....
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....Ordered, That it be referred to the Committee on the Militia.
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Mr. Buckner presented a preamble and resolutions of the Legislature of the State of Missouri, as follows:
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Whereas the consideration of the doctrine of nullification, (that is, the right of one or more States, at pleasure, to nullify, or render invalid the acts of the Congress of the United States,) has been urged upon the attention of this General Assembly by the message of the Governor of this State, by sundry resolutions passed by the Legislatures of sister States, and, more especially, by the recent acts of the State of South Carolina. And whereas it is deemed expedient that the Representatives of the people of Missouri should express the opinions of their constituents, as far as they are authorized so to do, upon this momentous subject: therefore,
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1. Resolved by the General Assembly of the State of Missouri, That, whilst we acknowledge the duty incumbent upon each State to guard its individual rights with watchful care, we must also admit an obligation, of nearly equal force, to guard the rights of all the other States of the Federal Union.
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2. Resolved, That we view the acts of any of the States, having even a remote tendency to destroy the Union of the several States, with extreme disapprobation and regret, because we hold the dissolution of the Union to be the certain harbinger of the destruction of the whole frame of our republican institutions.
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3. Resolved, That we most heartily concur in the sentiment of the President of the United States, as expressed in his late proclamation, that "the power to annul a law of the United States, assumed by one State, is 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 formed, and destructive of the great objects for which it was formed." And we proclaim it to all concerned, as the unalterable purpose of the people of Missouri, that "our Federal Union must be preserved" at all hazards.
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4. Resolved, That a copy of these resolutions shall be sent to the President of the United States, to each of our Senators and our Representative in Congress, and to the Governor of each State in the Union.
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The preamble and resolutions were read; and
Ordered, That they be laid on the table.....
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....on the subject of the relative powers of the State Governments and those of the General Government, together with the amendment proposed thereto by Mr. Grundy; and,
On motion by Mr. Clayton,
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To amend the proposed amendment by striking out the 5th and 6th paragraphs, as follows:
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"5. That an attempt, on the part of a State, to annul an act of Congress passed upon any subject exclusively confided by the constitution to Congress, is an encroachment on the rights of the General Government.
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"6. That attempts to obstruct or prevent the execution of the several acts of Congress imposing duties on imports, whether by ordinances of Conventions, or legislative enactments, are not warranted by the constitution, and dangerous to the political institutions of the country;" and inserting the following:
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That the power to annul the several acts of Congress imposing duties on imports, or any other law of the United States, when assumed by a single State, is "incompatible with the existence of the Union, contradicted expressly by the letter of their 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;" that the people of these United States are, for the purposes enumerated in their constitution, ONE PEOPLE, AND A SINGLE NATION, having delegated full power to their common agents to preserve and defend their national interests for the purpose of attaining the great end of all government, the safely and happiness of the governed; that, while the constitution does provide for the interest and safety of all the States, it does not secure all the rights of independent sovereignty to any; that the allegiance of the people is rightfully due, as it has been freely given, to the General Government, to the extent of all the sovereign power expressly ceded to that Government by the constitution; that the Supreme Court of the United States is the proper and only tribunal, in the last resort, for the decision of all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority; that resistance to the laws, founded on the inherent and inalienable right of all men to resist oppression, is, in its nature, revolutionary and extra-constitutional. And that, entertaining these views, the Senate of the United States, while willing to concede every thing to any honest difference of opinion which can be yielded consistently with the honor and interest of the nation, will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and to clothe it with all constitutional power necessary to the faithful execution of the laws, and the preservation of the Union.
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On motion by Mr. Calhoun,
Ordered, That the resolutions and the proposed amendments be laid on the table.
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Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole the bill further to provide for the collection of duties on imports; and,
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On motion by Mr. Mangum,
That the further consideration thereof be postponed to, and made the order of the day for, Thursday next;
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It was determined in the negative,
Yeas, ... 15,
Nays, ... 30.
On motion by Mr. Mangum,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative, are,
Messrs. Bibb, Black, Brown, Calhoun, King, Mangum, Miller, Moore, Poindexter, Rives, Smith, Troup, Tyler, Waggaman, White.
Those who voted in the negative, are,
Messrs. Benton, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley,
Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane Knight, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins, Wright.
After debate,
On motion by Mr. Grundy,
The Senate adjourned.
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Bet you can guess which sentence jumped out to me;
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"....that resistance to the laws, founded on the inherent and inalienable right of all men to resist oppression, is, in its nature, revolutionary and extra-constitutional."
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Had never heard the term 'extra-constitutional' before. You can also bet that it is a term that I will not allow to be forgotten....
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Another part that was particularly interesting though, at least to me, is a state making the stand for the Law of the Land - Our Constitution, and the sovereignty of it. It would be nice if we had quite a few more like that today, wouldn't it? (Not to mention an honorable Federal government, in ALL its branches). What do you suppose has happened to honor? I have been seeking it earnestly and can say that it is very difficult to find these days....
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