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Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, March 05, 1830, Image 2

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SPEECH OF Mil. WEBSTER, <
(coxcm; m;n.) '
The gentleman lias found no case, and ho can find 1
none, to support his own opinions l»y New England \
authority. Now England has studied the constitu- 1
tion in oilier schools, and under oilier teachers_
She looks upon U. with other regards, and deems
more highly und reverently, both of it- just authoiity
and its utility and excellence. The history oi her
lowisUtivo proceedings may be l.-ucvd; the epheme
ral effusions of temporary bodies called tog thcr by
► the excitement of tho occasion, may be bunted up:
they have been hunted up. The opinions and votes
of her public men, in and out of Congte-fs, may be
explored—it will all be in vain. The Carolina doc
trine can derive from her neither countenance nor
support. She rejects it now; vlie nlways did reject
it; und till she loses hor tenses, she ulwajs will reject
it. The honorable member has referred to expres
sions, on the subject of the embargo law, made in i
this place, by nn honorable and venerable gentleman,
(Mr. Ilillhousc,) now favoring ns with his presence.!
I To quotes that distinguished tHenutor as saying, that
in his judgment the embargo law was unconstitu
tional, otid that therefore, in his opioi >n. the people
wore not boiiud to obey if. That f-ir, is perfectly
constitutional language. An uiicouslitufional law is
n jt binding; but then it d >c,- not rest noth a resolution
or ex blip if a Slate Lejislulure to dciidc whether un
net if Congress be, or be net, constitutional. An un
constitutional act of Congress would not bind the
people of this district, although they have no 2-gisla
ture to interfere in their bclialf; and. on the other i
hand, a constitution.:! law of Congress does bind t lie? •
citizens of every Etate, although all their legislatures1
should undertake to annul it, by net or resolution._I
The venerable Connecticut Senator is a constilu-j
tional lawyer, of sound principles, and cnlar^-vd know
ledge; a state-man practised and experienced, bred in
the company of Washington, mid holding Just views
upon the nature of nur governments. lie believed
the embargo unconsii utional, and so did of-icrs; but
"‘hat then? Who, did he suppose, was to decide that
question? Tin; Slate legislature? Certainly not. No
auch sentiment ever escaped his lips. Let us follow
up, sir, thi'd New England opposition to iho embargo
laws; let us trace it, till .we Hi corn the principle,
which controlled &. governed New England, through
nut the whole course of that opposition. We shall
then see what similarity there is between the New
England school of cdnstituMonnl opinions, and this
modern Carolina school. The gentleman, I think,
read a petition from some single individual, addressed
to the legislature of Massaciiusolts, asserting the Ca
rolina doctrine—that is, the right of State'intorfer
rmce to arrest the laws of the Union- The Pale of
that petition shows the sentiment of the legislature.
It. met no lavor. 1 no opin:ons of .Massachusetts were
o herwisu. They had been expressed in 17b;), in an
Mvenome resolutions ot Virginia, niul slip did cot
depart from tlicm, nor bend them to the times_
Misgoverned wronged, oppressed, as she fob. heroulf
to be, she still h?:ld fast her integrity to the Union._
The gentleman may find in her proceedings much
evidence of dissatisfaction \\>Ji the measures of rrQ
vcmmoiit, and great and deep dis'ikc to tiie embargo;
all this make9 the case so mucli the stronger for her
for notwithstanding all this dissatisfaction and dis
like, 8»ic claimed no riglit, still, to sever asunder the
bonds of the Union. There wos heat, and there was
anger m her political feeling—bo it sa—her heat or
!rer anger did not, nevertheless, betray her into infid
elity to the government. The gentleman labors to
prove that she disliked the embargo as much as H.
Carolina dislikes the tariff, ami expressed her di'dike*
as strongly. De it so; but did she propose the Cnro
Una remedy? Did she threaten In interfere, by Stole
authority, to annul Via laics of the Union? That is
the question for the gentlcmm’s consideration.
No doubt, sir, a great majority of the people of
Now England conscientiously believed the embargo
law ofltlOT unconstitutional; as conscientiously cer
raiiily, as the people of South Carolina In Id that opin
ion of the tarffljphcy reasoned thus: Commas has
jmver to regulate commerce; but here is a Taw, (hey
said, stopping all commerce, and stopping- it indefi
ru'cly. The law is perpetual; that is, it°is net lim
!-?i -.m uP nnu °f t,m?’ ?nd must> of course, continue,
liil it shall be repealed by some other law. 10 „s
perpetual, therefore, as the law agaiiist treason or
murder. Now, is this regulating commerce, or de
stroying it. Is it guiding, controlling, giving the rule
to commerce, as a subsisting thing, or is it putting
en end to it altogether? Nothing is more certain,
than that a majority in New England, deemed this
Taw a violation of the constitution. The very case
required by the gentleman to justify State interfur
{-nee, had then arisen. Massachusetts believed th:s
law to be “a deliberate, palpable, and dangerous cx
f ran of a fmcsr not granted by the Constitution."—
Del.borate it.was for it was long continued; palpable
foe thoHgut it, as no words in the constitution gave
the power, and only a construction, in her opinion',
most violent, raised it; dangerous it was, as it threat
cned utter ruin to her mostiimportant. interests. Here
Urn, was a Carolina case. How did Massachusetts
oeal with it? It was, as she thought, a plain, mani- j
.e»t, palpable viol ii:on ot the constitution; and it
brought rum to her doors. Thousands of families,
tend hundreds of thousands of individuals, were beg
gared by it. While she saw and felt all this, s£c
saw and felt also, that as a measure of national poli
cy it was perfectly futile; that the country was no
way bonefitted by that which caused so much indi
vidual distress; that it was efficient only for the pro
duction of evil, and all that evil indicted on ourselves.
In such a case, under such circumstances, how did
Massachusetts dernoan herself? Sir, she remonstra
ted, she memorialized, she addressed herself to the1
frenc.nl government,'notexactly “with theconcentra
te C,?CrSy of passion," but with her own stromr scnsc,
irnd the energy or sober conviction. Rut. -he dhl nr.i
interpose me arm ot her power to arrest the Jaw, and
break the embargo. Far from it. Her principles
bound her to two th.ngs; and b!,c followed her princi
ples, lead her wncre they migh*. * First, to submit
o every constitutional law of Congress; and second
ly, lU.ie constitutional validity of the law be doubted
to refer that fmest.on to the decision of the proper
. fiiSt P:mc,P,c 18 ™in ineffectual !
wit hout the second. A majority of us in New Enn-J
and believed the embargo law unconstitutional: but
the great question was, and always will be, in such
?***' "ho “ to, (Iec\dc th,s- 'VI,o is to judge be
tween the People and the Government? And. sir if1
is quite plain, that tho constitution of the United!
Spates confers on the government itself, to be exer
ctsed by its appropriate department, this power of de
ciding ultimately and conclusively, upon thr extent
of its own authority. If this ha,I not been done, we
cU e,„fc°oral.Von "CCd " ^ >*<=yond .ho
Being fully of opinion that the embargo law was un
constitutonal, the People of New Errand wye yet
li'll n y {,ie opinion—it whs a matter they
i.d not doubt upon-thif the question after all, must :
be decided by the Judicial tribunals of the U- States, i
Before those tribunal, therefore.they bro’t the ques
tion. Under the provisions of'the law, they had giv
en bonds, to millions in amount, ami which were al-1
edged r° be forfeited. Ti.cy suffered thr bonds to
b. sued, and rhu9 raised tho questions In the old
1 -Hhinnod way of s<-tiling disputes, they went to law
J ne ca:c came to hearing, and solemn argument, and
he who espoused their cause, and stood up for them
i'onmnkl <>f whom tho frontlet™ n has made ,
•V?n Il»«r“0n-.s.,.ra"01 <>«■«• He wo. then.
fy srsas1*? '"imn,,ri;
"? ""T** with him all 1
oral subjects discus*cd in « h! naBc4 *21omo,rP|*cn 1
p ble of adding to professional attainment”01 * 13 ?aT 1
of true prcatru-ss and compr, br n-ieg He *^1"! *
I.tvyer, and ho a«* a, raf^ffcm. He bad e* * ;
1 od tl.e constitution, when lie filled public station. 1
bat lw might defend it; ho examined its principles, <
hot ho might maintain them. Mo'e than oilmen, <
»r at'least us mueh as any roan, lie was attached to ]
he General Government and to the Union of tho j i
3.ate?, llis feeling at.d opinions uU ran in that di Jj
•ection. A question of constitutional law, too, was, I
jf all subjects, that olio which was best suited to his ■ i
:alcnts and learning. Aloof from technicality,and
an fettered by artificial rule, such a question gave op
portunity for that deep and clear analysis, that migh
ty grasp of principle, which so mncli distinguished
his higher efforts. His very statement, was argu- ,
mint; his inference, seemed demonstration. The j
earnestness of li e own conviction, wrought convic
tion in others. One was convinced, and assented*Jjo- ,
cause it was gratifying, delightful to think, and fool
and believe, in uuioiou with an intellect of such evi- J
dent superiority.
Mr Dexter,sir. such as I have described him, ar- '
guud the N w England cause. He put into his of- j
tort his whole heart, as well as all tho powers of his
understanding; for he had avowed, in the most pub-!
lie manner, his entire concurrence with his neigh
bors, on the point in dispute. He argued tho cause,
it was lost, aud New England submitted. The es
tablished tribunals pronounced the law constitution
al, and New Lug and acquiesced. Now, sir, is not
this the exact opposite of the doctrine of the gentle
man from Louth Carolina? According ,* him, in
stead of referring to the judicial tribunals, we should
have broken up the embargo, by laws’ of our own;
we should have repealed it, quoad New England; for
we had a strong, palpable, and oppressive case. Sir,
we believed the embargo unconstitutional; but still,
that was matter ot opinion, and who was to decide
it? \Vo thought it a clear ease; but, nevertheless,
we did not take the law into our own hands, because
ten did not wish to bring about a revolution, nor to
break vjt the Union; for I maintain, that, between
submission to tho 'decision of the constituted tribu
nals, and revolution, or disunion, there is no middle
ground—there is no ambiguous condition, Imlf alle
giance and half rebellion. There is no treason, made
easy And j*sir, how futile, how very futile it is, to
admit the right ofstatc interference, and then attempt
to save it from the character of unlawful resistance,
by adding terms of qualification to the causes and oc
casions, leaving all these qualifications, like the ca«-c
itself in the discretion o: tiu> Stare Governments.—
It must be a clear case, it is said; a deliberate case;
a palpable ease; a dangerous ease. But then the
.State is still left at liberty to decide for herself,
what is clear, what is deliberate, what is palpable,
what is dangerous. Do adjectives and epithets avail
any tiling? Sir, the human mind is so constituted, that
the me ds : fboth sides of a controversy appear very
i clear, and very palpable, to those who respectively
| espouse them; and both sides usually grow clearer as
the controversy advances S mth Carolina sees un
constitutionality in the Tarifi; site s< cs oppression
there also; and she sees danger. Pennsylvania with
a vision no less sharp, looks at tho same Tariff, and
sees no such thing in it—she sees it nil constitutional,
all useful, all safe. The faith of South Carolina is
strenqthed by opposition, ond she now not only secs,
but Jicsolvcs, that l.io l'anfl is palpably uncons! it u
tional, oppressive, and dangerous: but Pennsylvania
not to be belaud her neighbors, and equally willing to’
strengthen her own faith by a confident asseveration
Resolves also and gives to every warm affirmative of
bouth Carolina, a plain, downright Pennsylvania
[negative. South Carolina, to show the strength and
unity of her opinion, brings her Assembly to a una
nimity, within seven^votes. Pennsylvania not to be
outdone in t.ns respect^nore than others, reduces her
dssentient fraction to live votes. Now sir, a^ain I
ask the gentleman, what is to bo done? Are"these
states both right? Is he bound to consider them
b »th right. It not, which is in the wron«? or rather
w.iich has the best right to decide? And it ha, ami
1 ’ arc s!°!- to k,10'v what the Cons!notion means
and what it is, till those two Slate Legislatures, and
Jie twenty two others, shall agree on its construc
tion, what have we sworn to, when yve have sworn
to maintain it? I was forcibly struck, sir, with one
reflection, ns the gentleman went on in his speech._
lie quoted Mr. Madison’s resolutions to prove that a
btatc may interfere, in a case of deliberate, palpable
and dangerous exercise of a power not granted —
i he honorable member supposes the Tariff Law to
I p enc“ an excrc.se of power; and that, consequent
! >y> a case has arisen in which the .State may, if it see
interfere by its own law. Now it so happens
nevertheless, tuut Air. Alad.son himself deems this
same Tariff law quite constitutional. Instead of a
clear and palpable violation, it is in his judgment, no
violation at all. So that, while they use his author
ity for u hypothetical case, they reject it in the very
case before them. All thisp,sir, shows the inheient
-futility—I had almost used a stronger word_of
conceding this power of. interference to the States
and then attempting to secure it from abuse by im
pos.ng qualifications, of which the'States themselves
are to judge. One or two tilings is true; cither the
laws of the Lr.ion are beyond the discretion nnd be
yoml the control of the States, or else we have no
constitution of General Government, and are thrust
jack again to the davs <>f the Confederacy.
Let me here say, sir, that if the gentleman’s doc
trine had been received and acted upon in N. Eng
land, in the times of the embargo and non-intercourse
we should probably not now have been here’
Ihe government would very likelv have "one to nie
ces t*nd crumbled into dust. No' stronger case can
ever arise than existed under those laws; no Slates ;
can ever enterfain a clearer convictioa than the N.
England States then entertained; and if they had
been under the influence of that heresy ofopin.on as
, pustcall it, which the honorable member espouses
this Union would, in all probability, have been scat
tered to the four winds. I ask the gentleman, there
fore, to apply his principle to that case; I ask him to
come forth &. declare, whether, in h;sopinion, ihe N.
rjiiglanu Slates, would have beenjustified in inierfer
,n3 to break up the embargo system, urn* r the con
scionuous opinions which thev held upon ii> ir„(i
they a right to annul that law? Docs he admit or
deny If that which is thought palpably unconstitu
tional in fcouih Carolh.k, justifies that State in ar
resting the progress of the law, tell me, whether
tnat which was thought palpably unconstitutional
a.30 in Massachusetts, would have justified her in
do.ng the same thing? Sir, I dcay the whole doc
trine. It has not a foot of ground in the constitution
to stand on No public man of reputation ever ad
vanced it in Alassacbusetts in the warmest times or
could maintain himself upon it there at any time. 1
.. V sv‘8h now. sir, to make a remark upon the Vir- •
p.i.u rutuiuuons or I7y;;. t cannot undertake to sav
how these resolutions were understood by those who
passed them. Their language is not a little indefi
nite. In the ease of the exercise, by Cor.rrrngc Gf n
dangerous power, not granted to them, t lie Resolutions !
assert the right, on the part, of the State, to interfere
and arrest the progress of the evil. Tins is st» cepti
’ c of nv.re than one interpretation. Tt may mean
no more than that the States rnny interfere by com
p.ainl and remonstrance; or by proposing to the people
in alteration of the Federal Constitution This
would all be quite unobjectionable; or it may be,lliat
no more is nruunt than to assert the general right of
revolution, as against all Governments, in cases of
intolerable oppression. This no one double; and this I
in my opinion, is all that lie who framed the resolu
tions could have meant by it; fi.r I shall not readily
relieve, that he was ever of o]ftnion that a State under!
.ie Constitution, Rr,d in conformity with it, could,
ipon the ground of hpr own opinion of its ttneonsn
utionality, however clear and palpable she might
hu.k the case, annul a law of Congress, so far aZ it
ihould operate on herself, by her own legis'ativc
lower.
I must now beg to r.^k,sir, whence is this supposed
ight of the State? derived? Where do they get the 1
lower to mterfero with the laws of the Union’ Sir <
he opinion, which the honorable gentleman main- 1
a-.nB, is a notion, founded in a total misapprehension
i mv judgment, of the origin of this government '
nde* thefonndatKH* on wfreh itsfmd*. ’ i mm ; <
# • 4
>c s popular government, erected by the people, thote 1
vho administer it responsible to the people; and itself <
ispablo of being amended and modified, just as the ! |
xsople may choose it should be. It is as popular, just j I
is truly emanating from the people, us the Stattf :
rovernincnts- It is created for one purpose; the
Jtate governments for another It has its own pow
irs; they have theirs. There is no more authority i
with them to arrest the operation of a law of Con
gress, than with Congress to arrest the operation of
Lhcir laws. We arc lie- c to administer a constitution
emanating immediately from the people, and trusted,
by them, to our administration. It is not the creator
of the State governments. It is of no moment to the
argument, that certain acts of the State Legislatures
are ncccssaay to fill our seats in this body. That is
uot one of their original State powers, a part of the
sovereignty of the State. It is a duty which the
people, by the constitution itself, have imposed on the
Stale Legislatures; and which they might have left
to be performed elsewhere, if they had seen fit.' So ;
they have left the choice of President with the elec
tors; but all this docs not affect the proposition, that
this whole Government, President, Senate and House
of Representatives, is a popular Government. It
leaves it still all its popular character- The Govern
or of a State, in some of the States is chosen, not
directly by the People, but by those who are chosen
by the people, for the purpose of performing, among
other duties, that of electing a Governor. Is the go
vernment of the State on that account, not a popular
government? This government, sir, is the indepen
dent offspring of the popular will. It is not the crea
ture of the State Legislatures; nay, more if the whole
truth must be told, the people brought it into exis
tence, established it, and have hitherto supported it,
for the very purpose, amongst others, of imposing
certain salutary restraints on State sovereignties.
The States cannot now make war, they cannot con
tract alliances, they cannot make each fur itself, sepa
rate regulations of Commerce, they cannot lay im
posts, they cannot coin money. If this constitution,
sir,be the creature of State Legislatures, it must be
admitted that it has obtained a strange control over
the volitions of its creators.
The People, tlien, sir, erected this Government.
1 boy gave a Constitution, and in that constitution
j th*y have enumerated the powers which they bestow
on it. T. hey have made it a limited government. They
have defined i*s authority. They have restrained it,
to ‘.lie exercise of such powers as are granted; and all
others, they declare, are reservcd’to the States
i °r ‘he 1 cople. Rut, sir, they have not stopped here,
j If they had, they would have accumplishcd.but half
j lhcir work- Mo definition can be so clear, as to avoid
; possibility of doubt; no limitation so precise, as to ex
j c«ucc all uncertainty. Who, then, shall construe'
this grant of the people* Who shall interpret their
j will, where it tnay bo supposed they have left it
[ doubtful? \V :lii. whom do they leave this ultimate
nght oi deciding oil tho powers of the government?
Sir,they have settled ail this in the fullest manner.
They have left it with the government itsolf. in its
appropriate branches. Sir, t!i«* very chief end, the
mail design, for which the v hole c n-titution was
franco and adopted, was to establish a government
; t'iat ^liould not be obliged to act through State ngen
cy, or depend on State opinion, und State discretion.
Tne People had Irad quite enough of that kind of go
vernment, under the confederacy. Under that system
the lpgal action—the application oflaw to individuals,
beJongod exclusively to the States. Congress could
only recommend—their acts were not of binding force.
till the Stales had adopted And sanctioned them._
Are we in that condition still? Arc we yet at the
mercy of State discretion, and State construction?_
Sir, if we are, then vain will be our attempt to main
tain the Constitution under which we sit.
But. sir, the People have wisely provided, in the
Constitution iUclf, a proper, suitable mode, and tri
j banal, far settling questions of constitutional law._
Therein the Constitution grants powers to Congress;
I and restrictions on these powers. There are also
prohibitions on the States. Some authority must
therefore necessarily exist, having the ultimate ju
risdiction to fix and ascertain the interpretation ot
these grants, restrictions, and prohibitions. - The
Constitution has itself pointed out, ordained, and es
tablished that nuthoriiy. IIow lias it accomplished
this great and essential end? By declaring, sir, that
“the constitution and the laws of the U. States made
in pursuance thereof, shall be the supreme law of the
land, any thing in the constitution or laws of any Slate
to the contrary notwithstanding.”
This, sir, was the first great step. By this, the
supremacy of the constitution and laws of the U. S.
is declared The People so will it. No State law is
to be valid, which comes in conilict with the constitu
tion, or any law of the U. S. But who shall decide
tins question of interference To whom lies the last
appeal? This, sir, the cons)itution itselfdecides, also,
by declaring', “that the Judicial power shall extend
to all cases arising under the Constitution and Laws
of the U- Slates.” These two provisions, sir, cover
the whole ground. They are, in truth, the key-stone
ot the arch. W ith these, it is a constitution; with
out them, it is a confederacy. In pursuance of these
clear and express provisions Congress established, at
its very first session, in the judicial act, a mode for
carrying them into full etlfeet, and for bringing all
questions of constitutional power to the final decision
of the Supreme Court. It then, sir, became n <r0
vernment. It then had the means of self-protection
arid but for this, it would, in all probability, have
been now among things which arc past. Having
constituted the government, and declared its powers
the people have further said, that since some body
must decide on the extent of these powers, thego
vernmcnishall itself decide; subject always, like other
popular governments, to its responsibility to the peo
ple. And now, sir, I repeat, how is it, that a State
Legislature acquires any right to interfere? Who
or what gives them the right to say to the People’,
we, who are your agents and servants for ono pur
pose, will undertake to decide that your r.rrcnla and
servants, appointed by you for another purpose, have
transcended the authority you gave them? The reply
would be I think, noi impertinent—- Who made you
a judge over another’s servants? To their own mas
ters, they stand or fall."
Sir, I deny this power of State Legislatures alto
get .or. It cannot stand the test of examination.
Gentlemen may say, that in an extreme case, a State
Government might protect ihe people from intolera- I
blc oppr -ssion.
tin, in such n er.se »he people might protect them- '
selves, wi bout the aid of the State Governments.!
huch a case warrants revotu'iun It must mnko
when rt comes, a law for itseJf. A nullifying act of
a S/afe Legislature cannot alter the case, or make
resistance any more lawful. In rnainloinino- uc*c >
bCnfimonrs,sir, I am bur asserting the rights of the!
people I State wbnt they have declared, and ms st '
on their right to declare it. They have chosen to re-'
pose tins power m tr,c General Government, and I
t .\u>\ it my duty to support it, like other constitution
[if powers. am..
For ray self, sir, I .doubt the jurisdiction of South
Carolina, or any other State, to prescribe my consti
tutional duty or to settle, bet ween me and the peo
IS Vr !|d,tf °f unw*of r°n'rr's''vfor Which I have
\o,ed. I decline her umpirage. I have not aVorn
support the Constitution according to her con
struction of its clauses. 1 have not stipulated, by my
oath of oflico cr otherwise, to come under any re/
pon-ibihty, except to the people, and those whom
hey have appealed to pass upon the question, who
1 ,itutilon nr,!rp0rtcd by my yot^r conform to the con
stitutioit ot the country. And sir, if we look to the
general nature of the case, could any thing have
been more preposterous, than to have made a Gov
fhC <Vh°!e Uni°n’ and >ct ,efl 'ts Powers
Jbjecf, not to one interpretation but to thirteen, or
In8tcad ^ one tribunal,
wlSi, rb:d,VraJ,’„rCsp0nsib!c ,oal,>with powers to
.cade for all, shall constitutional questions be left to
oyr and twenty popular bodies, each of liberty todc
■idc for itsei., and none bound to respect the decis
ons o. others, and each at liberty, too, to give a new
on^trite.ion nr^-^rr *>q«r r,f ;♦«, ^
II. IPI'WI UILILU .---'T ip
bcrs? Would auy thing, wit^i such a principle iu it, 1
or rather with such a destitution of all principle, be fit
Lo be tailed a Government? No, sir. It should not
be denominated a Constitution. It should be culled,
rather a collection of topics, for everlasting contro
versy; heads ot debate, for a disputatious people. It
would not be a Government. It would not be ade
quate to any practical good, nor fit for auy country
to live under. lo avoid all possibility of being mis
understood, allow me to repeat again, in the fullest
manner, that I claim no powers for the government
by forced or unfair construction I admit” that it is
a government of strictly limited powers; of enume
rated, specified, and particular powers; and that
whatsoever is not granted is withheld. But notwith
standing all tins, and however the grant of powers
may be expressed, its limit and extent may yet, in
some cases, admit of doubt, and the general govern
ment would be good for nothing, it would be incapa
ble of long existing, if some mode had not been pro
vided, in which those doubts, as they should arise,
might be peaceably, but authoritatively, solved. ’
And now, Mr. President, let me run the honorable
gentleman’s doctrine a little into its practical applica
tion. Let us look at his probable modus operandi.
If a thing can be done, an ingenious man can tell
/tou> it is to be done. Now, I wish to bo informed,
now this State interference is to be put into practice.
We will take the existing case of the tariff law.
South Carolina is said to have made up her opinion
upon it. If we do not repeal it, (as we probably shall
not) she will then apply to the case the remedy of
her doctrine. She will, we must suppose, pass a law
of her Legislature, declaring the several acts of
Congress usually called the Tariff Lows, null and
void, so far as they respect South Carolina, or the
citizens theseof-. So fur, all is a paper transaction,
and easy enough. But the Collector at Chaleston
is collecting the duties imposed by these tariff laws
—lie, therefore must bo stopped. The Collector
will seize the goods, if the tariff duties arc not paid.
The State authorities will undertake their rescue,
the Marshal, with his posse, will come to the Collec
tor’s aid, and here the contest begins. The militia
I of the State will lie called out, to sustain the nullify
i ing»ct* They will march, sir, under a gallant lead
er; Tor [ believe the honorable member himself com
ma nks the militia of that parttif the State He will
j raise the nullifying acton his standard, and spread
' ou,t us l»w banner. Tt will have a preamble, bear
,n£ thai t ha tariff Ia\?s nre palpable, deliberate, and
dangerous violations of the Constitution* lie will
proceed with his banner flying, to the Custom House
in Charleston;
“All the while.
“sonorous metal blowing martial sounds.”
Arrived at the custom house, he will tell the Collec
tor that he must collect no more duties under any of
the tariff laws. This, he will be somewhat puzzled
to soy, by the way with a grave countenance, consid
ering what hand South Carolina herself had in that
of 101G. But sir, the Collector would probably, not
desist at his bidding—here would ensue a pause; for
they say, that a certain stillness precedes the tempest.
Before this military array should fall on the custom
house, collector, clerks, and all, it is very probable
that some of those composing it, would request of
their gallant comnmndcr in chief, to be informed a lit
tle upon the point of law; for they have, doubtless, a
just respect for his opinions as a lawyer, as well as
for his bravery as a soldier. They know ho has read
Blackstone and the Constitution, as well as Turrene
and Vauban. They would ask him therefore, some
thing concerning their rights in this matter They
would enquire, wiiether it was not dangerous to re
sist a law of the United States. What would be the
nature- of their offence, they would wish to
learn, if they, by military force and array, resisted the
execution in Carolina of a law of the U. States, and
it would turn out, after all, that the law wus constilu
.iicnal? He would answer, of course, treason. No
lawyer could g-.ve any other answer. John Fries, he
would tell them had learned that some years a»o.
How then, they would ask, do you propose to defend
us? We arc not afraid of bullets, but treason has a
way of taking p-oplc off, that we do not much relish.
How do you propose to defend us? “Look at my
floating banner.” he wou'd reply: “see there the nui
Is it your opinion, gal’ant commander,
they would then say, that if w.* should be indicted
for treason, that same floating banner of your’a would
make a good plea in bar? “South Carolina is a sov
ereign State.” he would reply. That is true, but
would the Judge admit our plea? “These tariff laws,”
ha would repeat, “arc unconstitutional—palpable, de
liberately, dangerously. ’ That may be so, but if the
triounals should not happen to be of that opinion,
shall we swing for it? We are ready to die for our
country, but it is rather an awkward business, this!
dying without touching tlie ground. After all, this
tariff*1 °f Acm^'Ux’ worse than a”y part of the
Mr President, the honorable gentleman would be
in a dilemma, like that of another great General.
He would have a knot before him, which he could not
untie. He must cut it with his sword. He must say
to his followers, defend yourselves with your bavo
nets, and this is war—civil war.
Direct collision,therefore, between force and force,
is the unavoidable result of that remedy for the re
vision of unconstitutional laws which >he gentleman
contends for. It mart happen in the very first case
to v/.iich it is applied. Is not this the plain result?
i o resist by force, the execution of a law "encrallv
is treason. Can the Courts of the United States’
take notice>of the indulgence of a State to commit
treason. Can it authorize ethers to do it? If John
I ncs had produced an act of Pennsylvania, annulling
the Jaw of Congress, would it have helped his case1?
i atk about it as vve will, these doctrines go the length
of revolution. They are incompatible with anypcace
able administration of the Government. They lead
directly lo disunion and civil commotion; andtherc
tor.'it is, that at their Commencement, when they are
first tounc. to be maintained by respectable men, and
m a tangib.c form, that I enter my public protect
against, them all. 3 y V -
Th-- honorable gentleman argues, that if this Gov
ernment Lethe sole judge of the extent of its own
powers, whether that right ofjudging he in Congress
or the Supreme Court, it equally subverts State Sov
ereignty. This the gentleman sees, or thinks he
see-, although h -cannot rerceive how the rfobl uf
judging m tins ma"er if left to the exercise of State
•’gi-:ature:- has any tendency to subvert, the Gov- i
eminent »f the Union. The-, gent form ns opinion
may be that th- right ought n>l to have boon lodged
wi h the - cncr ii Government: h< may like better
s irh a constitution as we should have under the right
of S’at<> interference; but I ask him to meet mo on
the pi .in matter of fact—I ask him to meet mo i
lo constitution its. If—I ask him if the power i- not
found there clearly and visibly found there?—N< te
J.
Rut, sir. what is this danger, and what the grounds
I7lj'\ 11 b" remembered, that the constitution
? ' ' . State s not unalterable, 1? j8 tn continue
Lii! P.r°S,Rnt [nr,“ no long‘cr thon the People who
r nb.rshcd it choose to continue it Ifthey uhali bc
o^ne,C„0oTn?d th?1. ,h°y bave rnrffl . an injudicious
tweon Fi d,<ant par’,,"’n an(1 distribution of power, be
tween the State governments and the General Gov
ernm-nt, they can alter that dstribofion at will
eir :*nLth,n«bCifo"ndinthe Na,io,al Constitution,
^ n Z on.2 '"'vrovv'um. or subsequent interpret
how to °|,grt n°U0bn in il’tbc People know
h w to get rid of it. If any construction be estah
shed, unacceptable to them, so as to become prac
tically, a part of the constitution, they will amend it,
Qt (heir *\vn sovereign picssuro. <
Cut while the people chose to maintain if, ns it i«
while they arc satisfied with it. and refuse to change
I . who has given, or who can give to the State her.
ffi-latare* a right to alter it. either by interference,
C°:TC.lrr fothe,w'sf,;> Gcntlemen'do not seem to
' J:1 rbat tbpI people have nny power to do anv
? . J nr hiemcelves; they imagine there is no *af tv
i t h m. scy longer than they are nnd r the close
^uar nnship of the State Legislatures. Sir, the
t>r'V o have not ‘rusted their fa'ety. in regard to the
#
M-U. PHM
general constitution, to their bands. They Lave re*
qutred other .security, and taken other bonds Thfy
Imve chosen to trust themselves firct , -y
words of the instrument, and to .uch rnne, tho,.plam
the government itself, in doubtful cases !EjOD *?
on Us own powers, under their oaths of offir d P*^
subject to their responsibility to them- !Ud
people of a Slate trust their own State goveJnmo^®
with a similar power. Secondly, they havo J^n fi
their trust in the efficacy of frequent clcctiomT
in tncir own power to remove their own servants »n l
agents, whenever they see cause. Thirdly, thev hav«
reposed trust in the judicial power, which in order
that it might be trust worthy, they have made as iS
pectablc, as disinterested, and as independent as was
practicable. Fourthly, they have seen fit to rely fn
case of necessity, or high expediency, on their known
and admitted power, to alter or amend the constitu
tion peaceably and quietly, whenever experience
shall point out defects or imperfections. And fW
ly, the people ofthe United States have, at no time
m no way, directly or indirectly, authorized any State
Legislature to construe or interpret their high in
strument of government, much less to interfere by
their own power, to arrest its course and operation.
If, sir, the peoplo in these respects, had done otii
erwise than they have done, their Constitution cmdd
neither have boch preserved, nor would it have been
worth preserving. And .fits plain provisions shall now
be disregarded, and these new doctrines interpolated
in it, it will become as feeble and helpless a being as
its enemies, whether early or more recent, could Vi
sibly desire. It will exist i.i every State, but aT£
poor dependant on State permission. It must borrow
;?rpVnl°«fe’,anv W1,be no lonffep tban State pleas
ure, or State discretion, secs fit to grant the indul
gence, and to prolong its poor existence.
But, sir, although there are fears, there are hopes
also. 7 he people have preserved this, their own
chosen constitution, for forty years, and have
their happiness, prosperity, and renown, grow Sith
its growth, and strengthen with its strength. Thev
are now, generally, strongly attached to it. Over
thrown by direct assault, it cannot be; evaded, under
minded, nullified, it Will not be, if we and
who shall succeed us here, as agents and renrp*nnf«*
lives ofthe people, shall conscientiously andPvigilant
ly discharge the two great branches of our rnihlio.
trust—faithfully to preserve, and wisely to adminis
Mr. President, I have thus stated the reasons of mv
dissent to the doctrines which have been advance?
and maintained. I am conscious of having detained
you, and the Senate, much loo long. I was drawn
into the debate with no previous deliberation such as
is suited to the discussion of so grave and important a
subject. Rut it is a subject of which my hcarfis full,
and I have not been willing to snpprcssthe utterance
of its spontaneous sentiments. I cannot, even now
persuade myself to relinquish it, without expressing
once more, my deep conviction, that since it respects
I If I *8 h,nn,tbe union of the States, it ia of roost
\ual and essential importance to the public happiness.
I profess, sir, in my career hitherto, to have kept
Steadily m view tbo prosperity and honor of the whole
country, and the preservation of our Federal Union,
it is to that Union we owe our safety at home, and
our consideration and dignity abroad. It is to that
Union that we are chiefly indebted for whatever make*
us most prou d of our country. That union we rcach
Rphnnly rY !hB d.,scipl,”e_of, our virtues, in the severe
school of adversity. It had its origin in the necessi
ties of disordered finance, prostrate commerce and
ruined credit. Under its benign influewe' th“o
ntrrfreiately awobe’ aB from the dZ,
and sprang fort.i with newness of life. Every year
of its durafon has teemed with fresh proofsof Us
utility and its blessings; and although our territoro
has stretched out, wider and wider, and our populZ
tion spread farther and farther, they have not offrun
its protection, or its benefits. It has been to ua all a
copious fountain of national, social, and personal ban
pmcBS* Ibavc nor allowed myself, sir, to look be
yond the Union, to see what might lie hidden in the
dark recess behind. I have not coolly weighed the
chances of preserving liberty, when the bonds tha?
unite us together shall be broken Bsunder. I have
not accustomed myself to hong over the precipice of
disunion to see whether, with my short SlLn
fathom the depth of the abyss below; nor foul’d I w
gard him ns a safe counselor in the affairs of this
goiernment whose thoughts should be mainly bent on
considering not. how the Union should be best ore”
served, but how tolerable might be the condition of
VVhKoTh nhen ? BhaU be broken «P and destroyed.
While the Union lasts, wo have highfexcitin* Grati
fy V?? prospects spread out before us, fo? u£“a’nd^ur
children. Beyond that I seek not to penetrate thl
\ oil. God grant that, in my day, at least that pur
tarn may not rise. God grant, that on my vision never
may be opened what lies behind. YVhen mv c^es
shall be turned to behold for the last time, The Sun
n Ilsavcn, may I not see him shining on the broken
and dishonored fragments of a once VSriowTjffi?
on states dissevered, discordant, belljtrerent- on a
land rent with civil feuds, or drenched, U way be in
fraternal blood! Let their last fonlWo • m
glance, rather behold the gorgeous EnaJlTJ?!!!?
Republic, now known and honored tlircufhm » ♦> °
canh, .till full high advanced"
streaming in thcr original lustre, not a strioo ofasS
£ roue"1’ DOr,a einglc star °^scl,red—bearing! for
fts no SU.C^ miserable interrogatory as— YVhaf
in“l'f !18 'r°-u,1? ^or t!,osc otber words of delusion
and folly—Liberty first and Union afterwards—but
P-'V/ n ,0rC’ spre,“d aI1 ovcr in characters-of livin*
Ighr, blazing on all its amlpe folds, as thov float over
the sea and over the land, and in every wind undo,
the whole heavens, that other sentiment dea/to -
every true American heart—Libertv ond ITnir,!!** S°
and forever, one and inseparable! * d U * n°
[Lr The Notcsrcferrcd to in the Speech will bo
given in our next ] H WUJ
(0"A.\ A TP K ENTICE is wanted at the Whig Office.
^ Sraphic Ei^gSJingsof' cS? aSdDogJrecehJS!6^ LiU‘°'
,iSr——7iTr----h! nash.
1 hree 1 housand Heath Peach Scions
FOR sale by the subscriber, |,vin„ near th. W. , rl"
me*, Caroline county, at *5 nnr mn ,1 k V'J’',e Ch,rn*
delivered. They are in a fine Mat^for ^ ^
Gentlemen wishing to supply themspU-i.o „•& ... , . .*
pe«., Ud «*„ f„, S&SSZZS, „ToS ^"“bI*
——~h-- JAMES onVAf.
NEW YORK LINE-——
EXIT Kc^J" »**> Sel-W.
Ua%^l lowfxt, Master. For fteisht
or passage, hav.ng superior accommodaiiS
_ ppy the daTenfoht 1''Jr ,"le Dork’ or,r>
mar 5—It DAVENPORT, ALLEN & CO.
1>Y virtue or a decree of the coimofTTin<F a, #* -——
IL* silting as a court of ,! I °, ,n* * ^ueen eountv,
«r for rlic purpose appointed wTl’l «en*inb,»fr,^*rVa rornm'M,f™'
ready mnnevPon flKem £ " V- bidnCT- U r
Aprd, J8.10,'.he tract of la3 ;r ntTuelriay *• 20ib d«7 < ‘
died teize'i and posted ’situamHCh c , ***""• d«-»
'.V, near Clarkston The decree“•« ™r£’"g * Q"een co"n'
Thomas Jones, adm’or &C , of FrankIhf^'*-’,D W^cl’
against the heirs of Andrew Wilson,dec’d,£'fl,| COn,P,a,naot»
Ji rLlTfrZ^^’ T!r
,hC Wle’ ,,te ^ inS’reS
nnr 5—tlstiGir C. HILL.
Union Canal Lottery ' ~
JSSZtSS. ™rRROW- - «»■ I.«
rRJZES.
1 of .$25,000 5 of $,i000
. nl '0,000 5 of 500
°r ?’£?? W °f 300
of 5,000 10 of oftn
t of 2,500 20 of Tnn
,1 of 1,626 <fec. t£’r A
1 ‘ckets .$3, halves 4, quarters 2. eighths J_For sale at ’
™5 . Vs I bclc.7 \] 5 d-f’fT-V**1^ ,
.. V «. , 0 aa 1 A «! EMeftoJ.

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