State Documents on Federal Relations

by Herman V. Ames

STATE DOCUMENTS

ON

Federal Relations:

THE STATES AND THE UNITED STATES.

EDITED WITH NOTES BY

HERMAN V. AMES, Ph.D.

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PUBLISHED BY

THE DEPARTMENT OF HISTORY,

OF THE

UNIVERSITY OF PENNSYLVANIA.

Sold by the Department of History, University of Pennsylvania, Philadelphia, Pa., and by Longmans, Green & Co., New York.

PHILADELPHIA, 1906.

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Copyright, 1906.

By HERMAN V. AMES.

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CONTENTS.

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NUMBER.PAGE.
1.	Rhode Island seeks a Commercial Union. 1789.	1
2.	Virginia on Assumption of State Debts. 1790.	2
	Georgia and the Federal Judiciary. 1793.	7
3.	Message of Governor Telfair.	8
4.	Act Declaratory of Retained Sovereignty of the State.	9
	New Hampshire and the Federal Judiciary.	11
5.	First Remonstrance of the Legislature. 1794.	12
6.	Second Remonstrance of the Legislature. 1795.	13
	Kentucky and Virginia Resolutions. 1798, 1799.	15
	Replies of the States. 1799.	16
7.	Delaware to Virginia.	16
8.	Rhode Island to Virginia.	17
9.	Massachusetts to Virginia.	18
10.	The Pennsylvania House to Kentucky.	20
11.	The Pennsylvania House to Virginia.	22
12.	The New York Senate to Virginia and Kentucky.	22
13.	Connecticut to Virginia.	24
14.	New Hampshire to Virginia and Kentucky.	24
15.	Vermont to Virginia.	25
	Massachusetts on the Embargo. 1809.	26
16.	Answer of the Senate.	28
17.	Answer of the House.	29
18.	Resolution on the Enforcement Act.	34
19.	Delaware and the Embargo. 1809.	36
	Connecticut and the Enforcement Act. 1809.	38
20.	Speech of Governor Trumbull.	39
21.	Resolutions of the General Assembly.	40
22.	Rhode Island on the Embargo. 1809.	42
	Pennsylvania and the Federal Judiciary. 1809.	45
23.	Resolutions of the Legislature.	46
24.	Reply of the General Assembly of Virginia. 1810.	49
25.	Rejoinder of the House of Representatives of Pennsylvania. 1810.	51
26.	Resolutions of Pennsylvania against the Bank. 1811.	52
27.	Resolutions of Virginia against the Bank. 1811.	54
	Massachusetts and the Militia Question. 1812–14.	54
28.	Letter of Governor Strong to Secretary of War. 1812.	56
29.	Opinion of the Judges of Massachusetts. 1812.	57
30.	Connecticut on the Militia Question. 1812.	59
31.	Rhode Island and the Militia Question. 1812.	62
32.	Vermont and the Militia Question. 1813–14.	63
	Governor Chittenden's Speech. 1813.	64
33.	Massachusetts on Extension of Territorial Limits. 1813.	65
34.	Massachusetts on the Embargo. 1814.	69
35.	Connecticut on the Conscription Bill. 1814.	76
	Massachusetts and the Call of the Hartford Convention. 1814.	77
36.	Report adopted by the General Court.	78
37.	Circular Letter calling the Convention.	79
38.	Rhode Island's Resolutions of Acceptance.	81
39.	Resolutions of the Hartford Convention. 1815.	83
	Replies of the States. 1815.	86
40.	Reply of New Jersey.	86
41.	Reply of New York.	87
42.	Resolutions of Pennsylvania against the Bank. 1819.	89
	Replies of the States.	90
43.	Reply of South Carolina. 1821.	91
44.	Reply of New York. 1823.	92
45.	Ohio on the Bank and Federal Judiciary. 1821.	93
46.	Reply of Massachusetts. 1822.	101
47.	Virginia on Jurisdiction of the Federal Courts. 1821.	103
	Kentucky and the Federal Judiciary. 1821–25.	105
48.	Message of Governor Adair. 1823.	106
49.	Resolutions of the Legislature. 1823.	107
50.	Remonstrance of the Legislature. 1824.	108
	Kentucky and the Federal Judiciary (Continued).	111
51.	Message of Governor Desha. 1825.	112
	Georgia and the Creek Indians Controversy. 1825–27.	113
52.	Letter of Governor Troup to General Gaines. 1825.	115
53.	Letter of Governor Troup to the War Department. 1825.	116
54.	Letter of Governor Troup to the Secretary of War. 1825.	118
55.	Resolutions of the Legislature. 1826.	119
56.	Letter of Governor Troup to Georgia Delegation. 1827.	122
57.	Resolutions of the Legislature. 1827.	123
	Georgia and the Jurisdiction of the Cherokees. 1826–31.	124
58.	Resolutions of the Legislature. 1827.	125
59.	The Legislature and the Case of Tassels.	127
	Georgia and the Jurisdiction of the Cherokees (Continued). 1831–35.	128
60.	Message of Gov. Lumpkin relative to Worcester. 1831.	129
	Resolutions of other States on Georgia's action.	130
61.	Report and Resolutions of Connecticut. 1831.	131
	Tariff and Internal Improvements.	133
62.	Report of House of Representatives of South Carolina. 1820.	134
63–65.	South Carolina on Powers of Federal Government. 1824–25.	136–139
66–67.	Resolves of Virginia. 1826–27.	140–143
68.	South Carolina and the Harrisburg Convention. 1827.	144
69.	Georgia on the Tariff and Internal Improvements. 1827.	146
70.	North Carolina on the Tariff. 1828.	148
71.	Remonstrance of Alabama. 1828.	150
72.	Counter Resolutions. 1828.	151
	Remonstrance Against the Tariff of 1828.	152
73.	Resolutions of South Carolina. 1828.	152
74–75.	Georgia on the Tariff of 1828.	153–155
76.	Resolutions of Mississippi. 1829.	156
77.	Resolutions of Virginia. 1829.	156
78–80.	Counter Resolutions of Kentucky, Louisiana and Pennsylvania. 1830–32.	158–163
	Progress of Nullification in South Carolina.	164
81.	Resolutions on State Rights. 1830.	165
82.	The Nullification Movement and the Reply to Jackson. 1831.	165–168
83.	Ordinance of Nullification. 1832.	169
84.	Reply to Jackson's Proclamation.	173
85.	South Carolina's Call for a Convention. 1832.	176
86.	Delaware's Reply to South Carolina's Call. 1833.	177
	Replies of the Co-States to South Carolina. 1832–33.	178
87.	Georgia on a Southern Convention.	179
88.	Alabama Proposes a Convention.	180
89.	Resolves of North Carolina.	183
90.	Report and Resolves of Mississippi.	183
91.	Resolves of Virginia.	185
92.	South Carolina's Final Action. 1833.	188
	The North-Eastern Boundary Controversy. 1831–32.	190
93.	Resolutions of Maine. 1832.	190
94.	Resolutions of Massachusetts. 1832.	191
	Early Resolutions on Slavery.	193
95.	The House of Representatives on the Powers of Congress, 1790.	194
96.	Resolutions of Virginia on Colonization, 1800–1816.	195
	The Missouri Contest, 1819–1820.	196
97–100.	Resolutions of Pennsylvania, New Jersey, Virginia and Vermont.	197–203
101.	Ohio on Emancipation and Colonization, 1824.	203
102–104.	South Carolina's Reply to Ohio and the Federal Government, 1824.	204–208
105.	Message of Governor Troop of Georgia, 1825.	208
	Resolutions on the Colonization Society, 1827–1832.	209
106.	Resolutions of Delaware, 1827.	210
107.	Resolutions of Georgia, 1827.	211
	The South on the Abolition Question, 1831–39.	214
108.	Resolutions of South Carolina, 1835.	216
	Reply of the Northern States, 1836–39.	220
109.	New York in Reply to the South.	220
	Slavery in the District of Columbia and the Right of Petition, 1836–44.	221
110.	Resolutions of Massachusetts, 1837.	222
111.	Resolutions of New York, 1840.	223
	Annexation of Texas, 1837–45.	224
112.	Resolution of Vermont, 1837.	225
113.	Report of the Legislature of Mississippi, 1837.	225
114.	Report and Resolution of Alabama, 1837.	227
115.	Resolution of South Carolina, 1844.	229
116–117.	Massachusetts opposes annexation, 1843–45.	229–232
	Inter-State Controversies, 1837–43.	234
118.	South Carolina on Georgia-Maine Controversy, 1839.	234
119.	Virginia's Controversy with New York, 1840.	235
120.	Resolutions of Mississippi, 1841.	235
	South Carolina's controversy with Massachusetts.	237
121.	Resolution of South Carolina, 1844.	238
	Replies to Massachusetts' proposal to abolish representation for slaves.	239
122.	Virginia Reply, 1844.	239
123.	Massachusetts against the Mexican War and Slavery, 1847.	241
124–125.	Resolutions on the Wilmot Proviso. 1846–50.	243–247
126.	Vermont on Slavery. 1847.	247
	Demand for New Fugitive Slave Law.	249
127.	Virginia on Rendition of Fugitive Slaves. 1849.	250
	Calling a Southern Convention. 1850.	253
128.	Mississippi Calls a Southern Convention. 1850.	254
	Resolutions on Proposed Compromise Measures.	258
129.	Resolutions of Georgia. Feb., 1850.	259
130.	Resolutions of Connecticut. 1850.	261
131.	Resolutions of the Nashville Convention. 1850.	262
	Actions of the Southern States on the Compromise	269
132.	The Georgia Platform. Dec., 1850.	271
133.	South Carolina Asserts Right of Secession. 1850–52.	272
134.	Virginia on Action of South Carolina. 1851.	275
	The North on the Compromise.	277
135.	New Jersey on the Compromise. 1852.	278
136.	Louisiana on the Cuban Situation. 1854.	280
137–138.	Resolutions on the Kansas-Nebraska Bill. 1854.	280–283
139–140.	Resolutions on the Kansas-Nebraska Act. 1854–55.	284–288
141.	Massachusetts on the Fugitive Slave Law. 1855.	288
142–143.	Resolutions on the Disturbance in Kansas. 1855–57.	289–293
144.	Resolutions on the Assault upon Sumner. 1856.	293
145–146.	Resolutions on the Dred Scott Decision. 1857–59.	295–298
147.	Resolutions on the Lecompton Constitution. 1857–58.	299–302
148.	Wisconsin Defies the Federal Courts. 1859.	303
149.	New York Denounces the Slave Trade. 1859.	305
	Resolutions on the Harper's Ferry Raid. 1859.	306
150.	Tennessee Condemns the Republican Party. 1859.	308
151.	South Carolina Proposes a Southern Convention. 1859.	309
	Inauguration of the Secession Movement. 1860.	310
152.	The Mississippi Legislature Justifies Secession, 1860.	311
153–154.	Coercion or Compromise. 1860–61.	313–316
	Extension of the Secession Movement.	317
155.	Mississippi on the Causes of Secession. 1861.	318

PREFACE.

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The following collection of documents on the relations of the States to the Federal Government, 1789–1861, comprises typical papers covering the official action of various states in different sections of the country, relative to the chief political and constitutional issues in our history. The documents have been selected especially with a view to illustrate the development of the doctrines of broad and strict construction, the prevalence of the "compact theory" of the Constitution and the doctrine of "State Rights," State opposition to the Federal Judiciary, and the different phases of the slavery controversy, culminating in the secession movement. The truth of the statement of Alexander Johnston, that "Almost every State in the Union in turn declared its own sovereignity and denounced as almost treasonable similar declarations in other cases by other States," is fully sustained by the following documents.

In making the collection I was soon confronted by the fact that some of the most valuable illustrative material could only be secured with great difficulty, owing to the inaccessibility or scarcity of the volumes containing the desired documents, or the record of legislative action. Indeed I early learned that nothing approaching a complete collection of the legislative documents of the several States was in existence, although the authorities of the Congressional Library and the New York Public Library were endeavoring to secure such. As a result of this experience I have been deeply impressed with the importance of more attention being paid to the collection and systematic study of this class of State documents, for I believe that only in the light of these records can we realize the full significance of our national development.

This compilation was prompted primarily to meet the need for illustrative material in connection with courses in the Constitutional History of the United States given in the University of Pennsylvania. In view of the fact that so few of the resolutions of the State Legislatures and other official documents of the various States were accessible to the general reader, it was believed that the publication of a series of selections from these important, but little used sources would be welcomed by others. This expectation has been fulfilled by the reception given to the successive numbers as they have appeared. With the completion of the series, in the hope of increasing their value and facilitating their use, the several numbers are now presented in one volume.

Herman V. Ames.

Philadelphia,
     October 30th, 1906.