Journal of the House of Representatives of the United States,
MONDAY, February 4, 1833.
....Mr. Milligan presented the following resolutions, adopted by the General Assembly of the State of Delaware, viz.
Resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the constitution of the United States is not a treaty or compact between sovereign States, but a form of government emanating from, and established by, the authority of the people of the United States of America.
Resolved, That the Government of the United States, although one of limited powers, is supreme within its sphere, and that the people of the United States owe to it an allegiance which cannot be withdrawn, either by individuals or masses of individuals, without its consent.
Resolved, That the Supreme Court of the United States is the only and proper tribunal for the settlement, in the last resort, of controversies in relation to the constitution and the laws of Congress.
Resolved, That, if in the regular action of the Government, mischief of any kind be produced, the proper remedy is to be found in the elective franchise, and the responsibility of its officers.
Resolved, That, in cases of gross and intolerable oppression, which, in a Government like that of the United States can be little else than a hypothesis, the natural right of self-defence remains; but which must, in the nature of things, be an appeal to arms, and subject to all the consequences of resistance to the constituted authorities. In such a case, the measure is revolutionary, and the result remains in the hands of the A. Almighty.
Resolved, That the Convention of South Carolina can have no other or greater right to annul or resist the laws of Congress, than any assemblage of an equal number of individuals in any part of the United States; nor can any assemblage, however large, have any other or greater right for such a purpose, than belongs to each individual citizen, considered as a constitutional measure.
Resolved, That it is a subject of regret that such a delusion should exist among any portion of the citizens of that State, towards whom the people of this State entertain the kindest feelings, with whom they stood side by side in the war of the revolution, and in whose defence their blood was freely spilt. But, if the measure which has been adopted is intended as the precursor of resistance to the Government, the people of Delaware will not falter in their allegiance, but will be found now, as then true to their country and its Government.
Resolved, That we cordially respond to the sentiments on this subject, contained in the able proclamation of the President of the United States, and shall be at all times prepared to support the Government in the exercise of its constitutional rights, and in the discharge of its constitutional duties.
Resolved, That the Governor be requested to transmit a copy of these resolutions, and the accompanying report of the committee, to the President of the United States, to each of our Senators and our Representative in Congress, and to the Governors of the respective States and Territories of the United States of America.
JOSHUA BURTON,
Speaker of the Senate
THOMAS DAVIS,
Speaker of the House of Representatives.
Passed at Dover, January 16th, 1833....
....Mr. Wilde presented the following preamble and resolutions, adopted by the General Assembly of the State of Georgia, viz.
IN THE HOUSE OF REPRESENTATIVES.
For as much as throughout the United States there exists many controversies growing out of the conflicting interests which have arisen among the people since the adoption of the federal constitution, out of the cases in which Congress claims the right to act under constructive or implied powers, out of the disposition shown by Congress too frequently to act under assumed powers, and out of the rights of jurisdiction either claimed or exercised by the Supreme Court; all of which tend directly to diminish the affections of the people for their own Government, to produce discontent, to repress patriotism, to excite jealousies, to engender discord, and, finally, to bring about the event of all others most deeply to be deplored, and most anxiously to be guarded against, viz. a dissolution of our happy Union, and a severance of these States into hostile communities, each regarding and acting towards each other with the bitterest enmity.
And the experience of the past having clearly proved that the constitution of the United States needs amendment in the following particulars;
I. That the powers delegated to the General Government, and the rights reserved to the States or to the people, may be more distinctly defined.
II. That the power of coercion by the General Government over the States, and the right of a State to resist an unconstitutional act of Congress, may be determined.
III. That the principle involved in a tariff for the direct protection of domestic industry may be settled.
IV. That a system of federal taxation may be established, which shall be equal in its operation upon the whole people, and in all sections of the country.
V. That the jurisdiction and process of the Supreme Court may be clearly and unequivocally settled.
VI. That a tribunal of last resort may be organized to settle disputes between the General Government and the States.
VII. That the power of chartering a bank, and of granting incorporations, may be expressly given to, or withheld from Congress.
VIII. That the practice of appropriating money for works of internal improvement, may be either sanctioned by an express delegation of power, or restrained by express inhibition.
IX. That it may be prescribed what disposition shall be made of the surplus revenue, when such revenue is found to be on hand.
X. That the right to, and the mode of disposition of the public lands of the United States, may be settled.
XI. That the election of President and Vice President may be secured, in all cases, to the people.
XII. That their tenure of office may be limited to one term.
XIII. That the rights of the Indians may be definitely settled.
Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, and acting for the people thereof, That the State of Georgia, in conformity with the fifth article of the federal constitution, hereby makes application to the Congress of the United States for the call of a Convention of the people to amend the constitution aforesaid in the particulars herein enumerated, and in such others as the people of the other States may deem needful of amendment.
Resolved, further, That his excellency the Governor be, and he is hereby, requested to transmit copies of this document to the other States of the Union, and to our Senators and Representatives in Congress.
Agreed to, 12th December, 1832.
ASBURY HULL, Speaker.
Attest: Robert W. Carnes, Clerk.
IN SENATE.
Concurred in, 20th December, 1832.
THOMAS STOCKS, President.
Attest: Iverson L. Harris, Secretary.
Approved, 22d December, 1832.
WILSON LUMPKIN, Governor.
Ordered, That these resolutions do lie on the table....
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