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INSTRUCTOR’S MANUAL
LESSON OVERVIEW
In Chapter 1, we discussed the role of law in our world, its sources, and the systems of
courts. The first chapter also briefly discussed the importance of moral and legal
obligations.
In Chapter 2, Ethics and the Law, we will examine the role of ethics in greater detail,
define the terms ethics, morals, and values, and discuss the relationship law shares with
ethics. We will also understand the responsibility and responses of businesses,
governments, and other organizations to upholding ethics and moral practices in the
society. Finally, we emphasize the role of whistleblowers in society as well as the
importance of integrating ethics into the corporate world. Instructors can utilize the
assessment exercise Thinking Critically About the Law to involve students in the subject
and to take an active role in the ethical issues found in today’s society.
CHAPTER OUTLINE
KEY TERMS
Key terms are listed at the beginning of the chapter, posted in the student textbook
margins, and placed in bold in the copy. They are listed here for your quick reference.
LEARNING OUTCOMES
The chapter Learning Outcomes will help you and the students discover the concepts and
information that should be understood upon completion of the chapter. You may want to
access the PowerPoint (PPT) slides for Chapter 2 when you begin the study of the
chapter and discuss each Learning Outcome. Each Learning Outcome will be covered
separately in the Instructor Notes, but they are shown here in total as an overview of the
sections being presented in Chapter 2. The corresponding text page numbers and PPT
slides are listed next to each outcome. These slides should be used to reinforce the main
1. Cite some examples of how unethical behavior in our world has negatively affected
business practices. (pp. 22-23, PPT slides 2-4)
2. Distinguish among ethics, morals, and values. (p. 23, PPT slide 5)
3. Cite several influences on group and individual values. (p. 23, PPT slide 6)
4. Discuss the relationship between law and ethics. (p. 24, PPT slide 7)
5. Provide examples of responses to ethical issues by business firms, educational
institutions, governments, and trade and professional associations. (pp. 24-27, PPT
slides 8-13)
The second session of the 17th Congress opened on the 4th day of
March, 1820, with James Monroe at the head of the Executive
Department of the Government, and the Democratic party in the
majority in both branches of the Federal Legislature. The Cabinet at
that time was composed of the most brilliant minds of the country,
indeed as most justly remarked by Senator Thomas H. Benton in his
published review of the events of that period, it would be difficult to
find in any government, in any country, at any time, more talent and
experience, more dignity and decorum, more purity of private life, a
larger mass of information, and more addiction to business, than was
comprised in the list of celebrated names then constituting the
executive department of the government. The legislative department
was equally impressive. The exciting and agitating question then
pending before Congress was on the admission of the State of
Missouri into the Federal Union, the subject of the issue being the
attempted tacking on of conditions restricting slavery within her
limits. She was admitted without conditions under the so-called
compromise, which abolished it in certain portions of the then
province of Louisiana. In this controversy, the compromise was
sustained and carried entirely by the Democratic Senators and
members from the Southern and slaveholding States aided and
sanctioned by the Executive, and it was opposed by fifteen Senators
from non-slaveholding States, who represented the opposite side on
the political questions of the day. It passed the House by a close vote
of 86 to 82. It has been seriously questioned since whether this act
was constitutional. The real struggle was political, and for the
balance of power. For a while it threatened the total overthrow of all
political parties upon principle, and the substitution of geographical
parties discriminated by the slave line, and thus destroying the
proper action of the Federal government, and leading to a separation
of the States. It was a federal movement, accruing to the benefit of
that party, and at first carried all the Northern democracy in its
current, giving the supremacy to their adversaries. When this effect
was perceived, democrats from the northern non-slaveholding States
took early opportunity to prevent their own overthrow, by voting for
the admission of the States on any terms, and thus prevent the
eventual separation of the States in the establishment of
geographical parties divided by a slavery and anti-slavery line.
The year 1820 marked a period of financial distress in the country,
which soon became that of the government. The army was reduced,
and the general expenses of the departments cut down, despite
which measures of economy the Congress deemed it necessary to
authorize the President to contract for a loan of five million dollars.
Distress was the cry of the day; relief the general demand, the chief
demand coming from debtors to the Government for public lands
purchased under the then credit system, this debt at that time
aggregating twenty-three millions of dollars. The banks failed,
money vanished, instalments were coming due which could not be
met; and the opening of Congress in November, 1820, was saluted by
the arrival of memorials from all the new States praying for the relief
to the purchaser of the public lands. The President referred to it in
his annual message of that year, and Congress passed a measure of
relief by changing the system to cash sales instead of credit, reducing
the price of the lands, and allowing present debtors to apply
payments already made to portions of the land purchased,
relinquishing the remainder. Applications were made at that time for
the establishment of the preemptive system, but without effect; the
new States continued to press the question and finally prevailed, so
that now the preemptive principle has become a fixed part of our
land system, permanently incorporated with it, and to the equal
advantage of the settler and the government.
The session of 1820–21, is remarkable as being the first at which
any proposition was made in Congress for the occupation and
settlement of our territory on the Columbia river—the only part then
owned by the United States on the Pacific coast. It was made by Dr.
Floyd, a representative from Virginia, who argued that the
establishment of a civilized power on the American coast of the
Pacific could not fail to produce great and wonderful benefits not
only to our own country, but to the people of Eastern Asia, China and
Japan on the opposite side of the Pacific Ocean, and that the valley of
the Columbia might become the granary of China and Japan. This
movement suggested to Senator Benton, to move, for the first time
publicly in the United States, a resolution to send ministers to the
Oriental States.
At this time treaties with Mexico and Spain were ratified, by which
the United States acquired Florida and ceded Texas; these treaties,
together with the Missouri compromise—a measure
contemporaneous with them—extinguished slave soil in all the
United States territory west of the Mississippi, except in that portion
which was to constitute the State of Arkansas; and, including the
extinction in Texas consequent upon its cession to a non-
slaveholding power, constituted the largest territorial abolition of
slavery that was ever up to that period effected by any political power
of any nation.
The outside view of the slave question in the United States, at this
time, is that the extension of slavery was then arrested,
circumscribed, and confined within narrow territorial limits, while
free States were permitted an almost unlimited expansion.
In 1822 a law passed Congress abolishing the Indian factory
system, which had been established during Washington’s
administration, in 1796, under which the Government acted as a
factor or agent for the sale of supplies to the Indians and the
purchase of furs from them; this branch of the service then belonged
to the department of the Secretary of War. The abuses discovered in
it led to the discontinuance of that system.
The Presidential election of 1824 was approaching, the candidates
were in the field, their respective friends active and busy, and
popular topics for the canvass in earnest requisition. Congress was
full of projects for different objects of internal improvement, mainly
in roads and canals, and the friends of each candidate exerted
themselves in rivalry of each other, under the supposition that their
opinions would stand for those of their principals. An act for the
preservation of the Cumberland Road, which passed both houses of
Congress, met with a veto from President Monroe, accompanied by a
state paper in exposition of his opinions upon the whole subject of
Federal interference in matters of inter state commerce and roads
and canals. He discussed the measure in all its bearings, and plainly
showed it to be unconstitutional. After stating the question, he
examined it under every head of constitutional derivation under
which its advocates claimed the power, and found it to be granted by
no one of them and virtually prohibited by some of them. This was
then and has since been considered to be the most elaborate and
thoroughly considered opinion upon the general question which has
ever been delivered by any American statesman. This great state
paper, delivered at a time when internal improvement by the federal
government had become an issue in the canvass for the Presidency
and was ardently advocated by three of the candidates and qualified
by two others, had an immense current in its power, carrying with it
many of the old strict constructionists.
The revision of the tariff, with a view to the protection of home
industry, and to the establishment of what was then called “The
American System,” was one of the large subjects before Congress at
the session of 1823–24, and was the regular commencement of the
heated debates on that question which afterwards ripened into a
serious difficulty between the federal government and some of the
Southern States. The presidential election being then depending, the
subject became tinctured with party politics, in which so far as that
ingredient was concerned, and was not controlled by other
considerations, members divided pretty much on the line which
always divided them on a question of constructive powers. The
protection of domestic industry not being among the powers granted,
was looked for in the incidental; and denied by the strict
constructionists to be a substantive term, to be exercised for the
direct purpose of protection; but admitted by all at that time and
ever since the first tariff act of 1789, to be an incident to the revenue
raising power, and an incident to be regarded in the exercise of that
power. Revenue the object, protection the incident, had been the rule
in the earlier tariffs; now that rule was sought to be reversed, and to
make protection the object of the law, and revenue the incident. Mr.
Henry Clay was the leader in the proposed revision and the
champion of the American system; he was ably supported in the
House by many able and effective speakers; who based their
argument on the general distress then alleged to be prevalent in the
country. Mr. Daniel Webster was the leading speaker on the other
side, and disputed the universality of the distress which had been
described; and contested the propriety of high or prohibitory duties,
in the present active and intelligent state of the world, to stimulate
industry and manufacturing enterprise.
The bill was carried by a close vote in both Houses. Though
brought forward avowedly for the protection of domestic
manufactures, it was not entirely supported on that ground; an
increase of revenue being the motive with some, the public debt then
being nearly ninety millions. An increased protection to the products
of several States, as lead in Missouri and Illinois, hemp in Kentucky,
iron in Pennsylvania, wool in Ohio and New York, commanded many
votes for the bill; and the impending presidential election had its
influence in its favor.
Two of the candidates, Messrs. Adams and Clay, voted for and
avowedly supported General Jackson, who voted for the bill, was for
it, as tending to give a home supply of the articles necessary in time
of war, and as raising revenue to pay the public debt; Mr. Crawford
was opposed to it, and Mr. Calhoun had withdrawn as a Presidential
candidate. The Southern planting States were dissatisfied, believing
that the new burdens upon imports which it imposed, fell upon the
producers of the exports, and tended to enrich one section of the
Union at the expense of another. The attack and support of the bill
took much of a sectional aspect; Virginia, the two Carolinas, Georgia,
and some others, being unanimous against it. Pennsylvania, New
York, Ohio, and Kentucky being unanimous for it. Massachusetts,
which up to this time had no small influence in commerce, voted,
with all, except one member, against it. With this sectional aspect, a
tariff for protection, also began to assume a political aspect, being
taken under the care of the party, afterwards denominated as Whig.
The bill was approved by President Monroe; a proof that that careful
and strict constructionist of the constitution did not consider it as
deprived of its revenue character by the degree of protection which it
extended.
A subject which at the present time is exciting much criticism, viz:
proposed amendments to the constitution relative to the election of
President and Vice-President, had its origin in movements in that
direction taken by leading Democrats during the campaign of 1824.
The electoral college has never been since the early elections, an
independent body free to select a President and Vice-President;
though in theory they have been vested with such powers, in practice
they have no such practical power over the elections, and have had
none since their institution. In every case the elector has been an
instrument, bound to obey a particular impulsion, and disobedience
to which would be attended with infamy, and with every penalty
which public indignation could inflict. From the beginning they have
stood pledged to vote for the candidate indicated by the public will;
and have proved not only to be useless, but an inconvenient
intervention between the people and the object of their choice. Mr.
McDuffie in the House of Representatives and Mr. Benton in the
Senate, proposed amendments; the mode of taking the direct vote to
be in districts, and the persons receiving the greatest number of
votes for President or Vice-President in any district, to count one
vote for such office respectively which is nothing but substituting the
candidates themselves for their electoral representatives.
In the election of 1824 four candidates were before the people for
the office of President, General Jackson, John Quincy Adams,
William H. Crawford and Henry Clay. None of them received a
majority of the 261 electoral votes, and the election devolved upon
the House of Representatives. John C. Calhoun had a majority of the
electoral votes for the office of Vice-President, and was elected. Mr.
Adams was elected President by the House of Representatives,
although General Jackson was the choice of the people, having
received the greatest number of votes at the general election. The
election of Mr. Adams was perfectly constitutional, and as such fully
submitted to by the people; but it was a violation of the demos krateo
principle; and that violation was equally rebuked. All the
representatives who voted against the will of their constituents, lost
their favor, and disappeared from public life. The representation in
the House of Representatives was largely changed at the first general
election, and presented a full opposition to the new President. Mr.
Adams himself was injured by it, and at the ensuing presidential
election was beaten by General Jackson more than two to one.
Mr. Clay, who took the lead in the House for Mr. Adams, and
afterwards took upon himself the mission of reconciling the people to
his election in a series of public speeches, was himself crippled in the
effort, lost his place in the democratic party, and joined the Whigs
(then called the national republicans). The democratic principle was
victor over the theory of the Constitution, and beneficial results
ensued. It vindicated the people in their right and their power. It re-
established parties upon the basis of principle, and drew anew party
lines, then almost obliterated under the fusion of parties during the
“era of good feeling,” and the efforts of leading men to make personal
parties for themselves. It showed the conservative power of our
government to lie in the people, more than in its constituted
authorities. It showed that they were capable of exercising the
function of self-government, and lastly, it assumed the supremacy of
the democracy for a long time, and until lost by causes to be referred
to hereafter. The Presidential election of 1824 is remarkable under
another aspect—its results cautioned all public men against future
attempts to govern presidential elections in the House of
Representatives; and it put an end to the practice of caucus
nominations for the Presidency by members of Congress. This mode
of concentrating public opinion began to be practiced as the eminent
men of the Revolution, to whom public opinion awarded a
preference, were passing away, and when new men, of more equal
pretensions, were coming upon the stage. It was tried several times
with success and general approbation, because public sentiment was
followed—not led—by the caucus. It was attempted in 1824 and
failed; all the opponents of Mr. Crawford, by their joint efforts,
succeeded, and justly in the fact though not in the motive, in
rendering these Congress caucus nominations odious to the people,
and broke them down. They were dropped, and a different mode
adopted—that of party nominations by conventions of delegates from
the States.
The administration of Mr. Adams commenced with his inaugural
address, in which the chief topic was that of internal national
improvement by the federal government. This declared policy of the
administration furnished a ground of opposition against Mr. Adams,
and went to the reconstruction of parties on the old line of strict, or
latitudinous, construction of the Constitution. It was clear from the
beginning that the new administration was to have a settled and
strong opposition, and that founded in principles of government—
the same principles, under different forms, which had discriminated
parties at the commencement of the federal government. Men of the
old school—survivors of the contest of the Adams and Jefferson
times, with some exceptions, divided accordingly—the federalists
going for Mr. Adams, the republicans against him, with the mass of
the younger generation. The Senate by a decided majority, and the
House by a strong minority, were opposed to the policy of the new
President.
In 1826 occurred the famous debates in the Senate and the House,
on the proposed Congress of American States, to contract alliances to
guard against and prevent the establishment of any future European
colony within its borders. The mission though sanctioned was never
acted upon or carried out. It was authorized by very nearly a party
vote, the democracy as a party being against it. The President, Mr.
Adams, stated the objects of the Congress to be as follows: “An
agreement between all the parties represented at the meeting, that
each will guard, by its own means, against the establishment of any
future European colony within its own borders, may be advisable.
This was, more than two years since, announced by my predecessor
to the world, as a principle resulting from the emancipation of both
the American continents. It may be so developed to the new southern
nations, that they may feel it as an essential appendage to their
independence.”
Mr. Adams had been a member of Mr. Monroe’s cabinet, filling the
department from which the doctrine would emanate. The
enunciation by him as above of this “Monroe Doctrine,” as it is
called, is very different from what it has of late been supposed to be,
as binding the United States to guard all the territory of the New
World from European colonization. The message above quoted was
written at a time when the doctrine as enunciated by the former
President through the then Secretary was fresh in the mind of the
latter, and when he himself in a communication to the American
Senate was laying it down for the adoption of all the American
nations in a general congress of their deputies. According to
President Adams, this “Monroe Doctrine” (according to which it has
been of late believed that the United States were to stand guard over
the two Americas, and repulse all intrusive colonists from their
shores), was entirely confined to our own borders; that it was only
proposed to get the other States of the New World to agree that, each
for itself, and by its own means, should guard its own territories;
and, consequently, that the United States, so far from extending
gratuitous protection to the territories of other States, would neither
give, nor receive, aid in any such enterprise, but that each should use
its own means, within its own borders, for its own exemption from
European colonial intrusion.
No question in its day excited more intemperate discussion,
excitement, and feeling between the Executive and the Senate, and
none died out so quickly, than this, relative to the proposed congress
of American nations. The chief advantage to be derived from its
retrospect—and it is a real one—is a view of the firmness with which
the minority maintained the old policy of the United States, to avoid
entangling alliances and interference with the affairs of other
nations; and the exposition, by one so competent as Mr. Adams, of
the true scope and meaning of the Monroe doctrine.
At the session of 1825–26 attempt was again made to procure an
amendment to the Constitution, in relation to the mode of election of
President and Vice-President, so as to do away with all intermediate
agencies, and give the election to the direct vote of the people. In the
Senate the matter was referred to a committee who reported
amendments dispensing with electors, providing for districts equal
in number to the whole number of Senators and Representatives to
which the State was entitled in Congress, and obviating all excuses
for caucuses and conventions to concentrate public opinion by
providing that in the event of no one receiving a majority of the
whole number of district votes cast, that a second election should be
held limited to the two persons receiving the highest number of
votes; and in case of an equal division of votes on the second election
then the House of Representatives shall choose one of them for
President, as is prescribed by the Constitution. The idea being that
the first election, if not resulting in any candidate receiving a
majority, should stand for a popular nomination—a nomination by
the people themselves, out of which the election is almost sure to be
made on the second trial. The same plan was suggested for choosing
a Vice-President, except that the Senate was to finally elect, in case of
failure to choose at first and second elections. The amendments did
not receive the requisite support of two-thirds of either the Senate or
the House. This movement was not of a partisan character; it was
equally supported and opposed respectively by Senators and
Representatives of both parties. Substantially the same plan was
recommended by President Jackson in his first annual message to
Congress, December 8, 1829.
It is interesting to note that at this Session of 1825 and ’26,
attempt was made by the Democrats to pass a tenure of office bill, as
applicable to government employees and office-holders; it provided
“that in all nominations made by the President to the Senate, to fill
vacancies occasioned by an exercise of the President’s power to
remove from office, the fact of the removal shall be stated to the
Senate at the same time that the nomination is made, with a
statement of the reasons for which such officer may have been
removed.” It was also sought at the same time to amend the
Constitution to prohibit the appointment of any member of Congress
to any federal office of trust or profit, during the period for which he
was elected; the design being to make the members wholly
independent of the Executive, and not subservient to the latter, and
incapable of receiving favors in the form of bestowals of official
patronage.
The tariff of 1828 is an era in our political legislation; from it the
doctrine of “nullification” originated, and from that date began a
serious division between the North and the South. This tariff law was
projected in the interest of the woolen manufacturers, but ended by
including all manufacturing interests. The passage of this measure
was brought about not because it was favored by a majority, but
because of political exigencies. In the then approaching presidential
election, Mr. Adams, who was in favor of the “American System,”
supported by Mr. Clay (his Secretary of State) was opposed by
General Jackson. This tariff was made an administration measure,
and became an issue in the canvass. The New England States, which
had formerly favored free trade, on account of their commercial
interests, changed their policy, and, led by Mr. Webster, became
advocates of the protective system. The question of protective tariff
had now not only become political, but sectional. The Southern
States as a section, were arrayed against the system, though prior to
1816 had favored it, not merely as an incident to revenue, but as a
substantive object. In fact these tariff bills, each exceeding the other
in its degree of protection, had become a regular appendage of our
presidential elections—carrying round in every cycle of four years,
with that returning event; starting in 1816 and followed up in 1820–
24, and now in 1828; with successive augmentations of duties; the
last being often pushed as a party measure, and with the visible
purpose of influencing the presidential election. General Jackson was
elected, having received 178 electoral votes to 83 received by John
Quincy Adams. Mr. Richard Rush, of Pennsylvania, who was on the
ticket with Mr. Adams, was defeated for the office of Vice-President,
and John C. Calhoun, of South Carolina, was elected to that office.
The election of General Jackson was a triumph of democratic
principle, and an assertion of the people’s right to govern themselves.
That principle had been violated in the presidential election in the
House of Representatives in the session of 1824–25; and the
sanction, or rebuke, of that violation was a leading question in the
whole canvass. It was also a triumph over the high protective policy,
and the federal internal improvement policy, and the latitudinous
construction of the Constitution; and of the democracy over the
federalists, then called national republicans; and was the re-
establishment of parties on principle, according to the landmarks of
the early years of the government. For although Mr. Adams had
received confidence and office from Mr. Madison and Mr. Monroe,
and had classed with the democratic party during the “era of good
feeling,” yet he had previously been federal; and on the re-
establishment of old party lines which began to take place after the
election of Mr. Adams in the House of Representatives, his affinities
and policy became those of his former party; and as a party, with
many individual exceptions, they became his supporters and his
strength. General Jackson, on the contrary, had always been
democratic, so classing when he was a Senator in Congress under the
administration of the first Mr. Adams; and when party lines were
most straightly drawn, and upon principle, and as such now
receiving the support of men and States which took this political
position at that time, and maintained it for years afterwards; among
the latter, notably the States of Virginia and Pennsylvania.
The short session of 1829–30 was rendered famous by the long
and earnest debates in the Senate on the doctrine of nullification, as
it was then called. It started by a resolution of inquiry introduced by
Mr. Foot of Connecticut; it was united with a proposition to limit the
sales of the public lands to those then in the market—to suspend the
surveys of the public lands—and to abolish the office of Surveyor-
General. The effect of such a resolution, if sanctioned upon inquiry
and carried into legislative effect, would have been to check
emigration to the new States in the West, and to check the growth
and settlement of these States and Territories. It was warmly
opposed by Western members. The debate spread and took an
acrimonious turn, and sectional, imputing to the quarter of the
Union from which it came an old and early policy to check the
growth of the West at the outset by proposing to limit the sale of the
Western lands, by selling no tract in advance until all in the rear was
sold out; and during the debate Mr. Webster referred to the famous
ordinance of 1787 for the government of the northwestern territory,
and especially the anti-slavery clause which it contained.
Closely connected with this subject to which Mr. Webster’s
remarks, during the debate, related, was another which excited some
warm discussion—the topic of slavery—and the effect of its existence
or non-existence in different States. Kentucky and Ohio were taken
for examples, and the superior improvement and population of Ohio
were attributed to its exemption from the evils of slavery. This was
an excitable subject, and the more so because the wounds of the
Missouri controversy in which the North was the undisputed
aggressor, were still tender. Mr. Hayne from South Carolina
answered with warmth and resented as a reflection upon the Slave
States this disadvantageous comparison. Mr. Benton of Missouri
followed on the same side, and in the course of his remarks said, “I
regard with admiration, that is to say, with wonder, the sublime
morality of those who cannot bear the abstract contemplation of
slavery, at the distance of five hundred or a thousand miles off.” This
allusion to the Missouri controversy, and invective against the free
States for their part in it, by Messrs. Hayne and Benton, brought a
reply from Mr. Webster, showing what their conduct had been at the
first introduction of the slavery topic in the Congress of the United
States, and that they totally refused to interfere between master and
slave in any way whatever. But the topic which became the leading
feature of the whole debate, and gave it an interest which cannot die,
was that of nullification—the assumed right of a State to annul an act
of Congress—then first broached in the Senate—and in the
discussion of which Mr. Webster and Mr. Hayne were the champion
speakers on opposite sides—the latter voicing the sentiments of the
Vice-President, Mr. Calhoun. This turn in the debate was brought
about, by Mr. Hayne having made allusion to the course of New
England during the war of 1812, and especially to the assemblage
known as the Hartford Convention, and to which designs unfriendly
to the Union had been attributed. This gave Mr. Webster an
opportunity to retaliate, and he referred to the public meetings which
had just then taken place in South Carolina on the subject of the
tariff, and at which resolves were passed, and propositions adopted
significant of resistance to the act; and consequently of disloyalty to
the Union. He drew Mr. Hayne into their defence and into an avowal
of what has since obtained the current name of “Nullification.” He
said, “I understand the honorable gentleman from South Carolina to
maintain, that it is a right of the State Legislature to interfere,
whenever, in their judgment, this government transcends its
constitutional limits, and to arrest the operation of its laws,*** that
the States may lawfully decide for themselves, and each State for
itself, whether, in a given case, the act of the general government
transcends its powers,*** that if the exigency of the case, in the
opinion of any State government require it, such State government
may, by its own sovereign authority, annul an act of the general
government, which it deems plainly and palpably unconstitutional.”
Mr. Hayne was evidently unprepared to admit, or fully deny, the
propositions as so laid down, but contented himself with stating the
words of the Virginia Resolution of 1798, as follows: “That this
assembly doth explicitly and peremptorily declare, that it views the
powers of the federal government as resulting from the compact, to
which the States are parties, as limited by the plain sense and
intention of the instrument constituting that compact, as no farther
valid than they are authorized by the grants enumerated in that
compact, and that, in case of a deliberate, palpable and dangerous
exercise of other powers, not granted by the said compact, the States
who are parties thereto have the right, and are in duty bound, to
interpose, for arresting the progress of the evil, and for maintaining,
within their respective limits, the authorities, rights, and liberties
appertaining to them.”
This resolution came to be understood by Mr. Hayne and others on
that side of the debate, in the same sense that Mr. Webster stated, as
above, he understood the gentleman from the South to interpret it.
On the other side of the question, he argued that the doctrine had no
foundation either in the Constitution, or on the Virginia resolutions
—that the Constitution makes the federal government act upon
citizens within the States, and not upon the States themselves, as in
the old confederation: that within their Constitutional limits the laws
of Congress were supreme—and that it was treasonable to resist
them with force: and that the question of their constitutionality was
to be decided by the Supreme Court: with respect to the Virginia
resolutions, on which Mr. Hayne relied, Mr. Webster disputed the
interpretation put upon them—claimed for them an innocent and
justifiable meaning—and exempted Mr. Madison from the suspicion
of having framed a resolution asserting the right of a State legislature
to annul an Act of Congress, and thereby putting it in the power of
one State to destroy a form of government which he had just labored
so hard to establish.
Mr. Hayne on his part gave (as the practical part of his doctrine)
the pledge of forcible resistance to any attempt to enforce
unconstitutional laws. He said, “The gentleman has called upon us to
carry out our scheme practically. Now, sir, if I am correct in my view
of this matter, then it follows, of course, that the right of a State
being established, the federal government is bound to acquiesce in a
solemn decision of a State, acting in its sovereign capacity, at least so
far as to make an appeal to the people for an amendment to the
Constitution. This solemn decision of a State binds the federal
government, under the highest constitutional obligation, not to
resort to any means of coercion against the citizens of the dissenting
State.*** Suppose Congress should pass an agrarian law, or a law
emancipating our slaves, or should commit any other gross violation
of our constitutional rights, will any gentlemen contend that the
decision of every branch of the federal government, in favor of such
laws, could prevent the States from declaring them null and void,
and protecting their citizens from their operation?*** Let me assure
the gentlemen that, whenever any attempt shall be made from any
quarter, to enforce unconstitutional laws, clearly violating our
essential rights, our leaders (whoever they may be) will not be found
reading black letter from the musty pages of old law books. They will
look to the Constitution, and when called upon by the sovereign
authority of the State, to preserve and protect the rights secured to
them by the charter of their liberties, they will succeed in defending
them, or ‘perish in the last ditch.’”
These words of Mr. Hayne seem almost prophetic in view of the
events of thirty years later. No one then believed in anything serious
in the new interpretation given to the Virginia resolutions—nor in
anything practical from nullification—nor in forcible resistance to
the tariff laws from South Carolina—nor in any scheme of disunion.
Mr. Webster’s closing reply was a fine piece of rhetoric, delivered
in an elaborate and artistic style, and in an apparent spirit of deep
seriousness. He concluded thus—“When my eyes shall be turned to
behold, for the last time, the sun in heaven, may I not see him
shining on the broken and disfigured fragments of a once glorious
Union; on States dissevered, discordant, belligerent; on a land rent
with civil feuds, or drenched, it may be, in fraternal blood. Let their
last feeble and lingering glance, rather, behold the gorgeous ensign of
the Republic, now known and honored throughout the earth, still full
high advanced, its arms and trophies streaming in their original
lustre, not a stripe erased or polluted, nor a single star obscured,
bearing for its motto no such miserable interrogatory as, What is all
this worth? nor those other words of delusion and folly, Liberty first
and Union afterwards; but everywhere, spread all over in characters
of living light, blazing in all its ample folds, as they float over the sea
and over the land, and in every wind under the whole heavens, that
other sentiment, dear to every true American heart—Liberty and
Union, now and forever, one and inseparable!”
President Jackson in his first annual message to Congress called
attention to the fact of expiration in 1836 of the charter of
incorporation granted by the Federal government to a moneyed
institution called The Bank of the United States, which was originally
designed to assist the government in establishing and maintaining a
uniform and sound currency. He seriously doubted the
constitutionality and expediency of the law creating the bank, and
was opposed to a renewal of the charter. His view of the matter was
that if such an institution was deemed a necessity it should be made
a national one, in the sense of being founded on the credit of the
government and its revenues, and not a corporation independent
from and not a part of the government. The House of
Representatives was strongly in favor of the renewal of the charter,
and several of its committees made elaborate, ample and
argumentative reports upon the subject. These reports were the
subject of newspaper and pamphlet publication; and lauded for their
power and excellence, and triumphant refutation of all the
President’s opinions. Thus was the “war of the Bank” commenced at
once in Congress, and in the public press; and openly at the instance
of the Bank itself, which, forgetting its position as an institution of
the government, for the convenience of the government, set itself up
as a power, and struggled for continued existence, by demand for
renewal of its charter. It allied itself at the same time to the political
power opposed to the President, joined in all their schemes of
protective tariff, and national internal improvement, and became the
head of the American system. Its moneyed and political power,
numerous interested affiliations, and control over other banks and
fiscal institutions, was truly great and extensive, and a power which
was exercised and made to be felt during the struggle to such a
degree that it threatened a danger to the country and the government
almost amounting to a national calamity.
The subject of renewal of the charter was agitated at every
succeeding session of Congress down to 1836, and many able
speeches made for and against it.
In the month of December, 1831, the National Republicans, as the
party was then called which afterward took the name of “whig,” held
its convention in Baltimore, and nominated candidates for President
and Vice-President, to be voted for at the election in the autumn of
the ensuing year. Henry Clay was the candidate for the office of
President, and John Sergeant for that of Vice-President. The
platform or address to the people presented the party issues which
were to be settled at the ensuing election, the chief subjects being the
tariff, internal improvement, removal of the Cherokee Indians, and
the renewal of the United States Bank charter. Thus the bank
question was fully presented as an issue in the election by that part of
its friends who classed politically against President Jackson. But it
had also Democratic friends without whose aid the re-charter could
not be got through Congress, and they labored assiduously for it. The
first Bank of the United States, chartered in 1791, was a federal
measure, favored by General Hamilton, opposed by Mr. Jefferson,
Mr. Madison, and the Republican party; and became a great
landmark of party, not merely for the bank itself, but for the
latitudinarian construction of the constitution in which it was
founded, and the precedent it established that Congress might in its
discretion do what it pleased, under the plea of being “necessary” to
carry into effect some granted power. The non-renewal of the charter
in 1811, was the act of the Republican party, then in possession of the
government, and taking the opportunity to terminate, upon its own
limitation, the existence of an institution whose creation they had
not been able to prevent. The charter of the second bank, in 1816,
was the act of the Republican party, and to aid them in the
administration of the government, and, as such, was opposed by the
Federal party—not seeming then to understand that, by its instincts,
a great moneyed corporation was in sympathy with their own party,
and would soon be with it in action—which the bank soon was—and
now struggled for a continuation of its existence under the lead of
those who had opposed its creation and against the party which
effected it. Mr. Webster was a Federal leader on both occasions—
against the charter in 1816; for the re-charter in 1832. The bill passed
the Senate after a long and arduous contest; and afterwards passed
the House, quickly and with little or no contest at all.
It was sent to the President, and vetoed by him July 10, 1832; the
message stating his objections being an elaborate review of the
subject; the veto being based mainly on the unconstitutionality of the
measure. The veto was sustained. Following this the President after
the adjournment removed from the bank the government deposits,
and referred to that fact in his next annual message on the second
day of December, 1833, at the opening of the first session of the
twenty-third Congress. Accompanying it was the report of the
Secretary of the Treasury, Hon. Roger B. Taney, afterwards Chief
Justice of the Supreme Court of the United States, giving the reasons
of the government for the withdrawal of the public funds. Long and
bitter was the contest between the President on the one side and the
Bank and its supporters in the Senate on the other side. The conduct
of the Bank produced distress throughout the country, and was so
intended to coerce the President. Distress petitions flooded
Congress, and the Senate even passed resolutions of censure of the
President. The latter, however, held firm in his position. A committee
of investigation was appointed by the House of Representatives to
inquire into the causes of the commercial embarrassment and the
public distress complained of in the numerous distress memorials
presented to the two Houses during the session; and whether the
Bank had been instrumental, through its management of money, in
producing the distress and embarrassment of which so much
complaint was made; to inquire whether the charter of the Bank had