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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/15391-h.zip b/15391-h.zip Binary files differnew file mode 100644 index 0000000..f10a543 --- /dev/null +++ b/15391-h.zip diff --git a/15391-h/15391-h.htm b/15391-h/15391-h.htm new file mode 100644 index 0000000..08f394f --- /dev/null +++ b/15391-h/15391-h.htm @@ -0,0 +1,7011 @@ +<?xml version="1.0" encoding="us-ascii"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + American Eloquence + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd0; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +Project Gutenberg's American Eloquence, Volume I. (of 4), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: American Eloquence, Volume I. (of 4) + Studies In American Political History (1896) + +Author: Various + +Release Date: March 17, 2005 [EBook #15391] +Last Updated: November 15, 2012 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK AMERICAN ELOQUENCE, I. *** + + + + +Produced by David Widger + + + + + +</pre> + <h1> + AMERICAN ELOQUENCE + </h1> + <h2> + STUDIES IN AMERICAN POLITICAL HISTORY + </h2> + <p> + <br /> <br /> + </p> + <h3> + Edited with Introduction by Alexander Johnston + </h3> + <p> + <br /> + </p> + <h3> + Reedited by James Albert Woodburn + </h3> + <p> + <br /> + </p> + <h4> + Volume I (of 4) + </h4> + <p> + <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="cover (76K)" src="images/cover.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="hamilton (92K)" src="images/hamilton.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="titlepage1 (73K)" src="images/titlepage1.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <blockquote> + <p class="toc"> + <big><b>CONTENTS</b></big> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_PREF"> PREFACE TO THE REVISED EDITION. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0003"> INTRODUCTORY. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0004"> <big><b>I. — COLONIALISM.</b></big> </a> + </p> + <p class="toc"> + <a href="#link2H_4_0005"> JAMES OTIS </a> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> PATRICK HENRY </a> + </p> + <p class="toc"> + <a href="#link2H_4_0007"> SAMUEL ADAMS </a> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> ALEXANDER HAMILTON </a> + </p> + <p class="toc"> + <a href="#link2H_4_0009"> JAMES MADISON, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0010"> <big><b>II. — CONSTITUTIONAL GOVERNMENT.</b></big> + </a> + </p> + <p class="toc"> + <a href="#link2H_4_0011"> ALBERT GALLATIN, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0012"> FISHER AMES, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0013"> JOHN NICHOLAS </a> + </p> + <p class="toc"> + <a href="#link2H_4_0014"> <big><b>III. — THE RISE OF DEMOCRACY.</b></big> + </a> + </p> + <p class="toc"> + <a href="#link2H_4_0015"> THOMAS JEFFERSON, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0016"> JOHN RANDOLPH, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0017"> ADMISSION OF LOUISIANA. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0018"> JOSIAH QUINCY, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0019"> HENRY CLAY </a> + </p> + <p class="toc"> + <a href="#link2H_4_0020"> <big><b>IV. — THE RISE OF NATIONALITY.</b></big> + </a> + </p> + <p class="toc"> + <a href="#link2H_4_0021"> ROBERT Y. HAYNE, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0022"> DANIEL WEBSTER, </a> + </p> + <p class="toc"> + <a href="#link2H_4_0023"> JOHN C. CALHOUN </a> + </p> + <p class="toc"> + <a href="#link2H_4_0024"> THOMAS H. BENTON, </a> + </p> + <p> + <br /> <br /> <br /> <br /> + </p> + <p class="toc"> + <big><b>ILLUSTRATIONS</b></big> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#linkimage-0001"> Patrick Henry </a> + </p> + <p class="toc"> + <a href="#linkimage-0002"> Samuel Adams </a> + </p> + <p class="toc"> + <a href="#linkimage-0003"> Alexander Hamilton </a> + </p> + <p class="toc"> + <a href="#linkimage-0004"> James Madison </a> + </p> + <p class="toc"> + <a href="#linkimage-0005"> Fisher Ames </a> + </p> + <p class="toc"> + <a href="#linkimage-0006"> Thomas Jefferson </a> + </p> + <p class="toc"> + <a href="#linkimage-0007"> John Randolph </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_LIST" id="link2H_LIST"> + <!-- H2 anchor --> </a> + </p> + <h3> + LIST OF ILLUSTRATORS + </h3> + <p> + ALEXANDER HAMILTON — From a painting by COL. J. TRUMBULL. + </p> + <p> + PATRICK HENRY From a painting by JAMES B. LONGACRE. + </p> + <p> + SAMUEL ADAMS From a steel engraving.(Unknown Artist) + </p> + <p> + JAMES MADISON From a painting by GILBERT STUART. + </p> + <p> + FISHER AMES From a painting by GILBERT STUART. + </p> + <p> + THOMAS JEFFERSON From a painting by GILBERT STUART. + </p> + <p> + JOHN RANDOLPH. (Unknown Artist) + </p> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_PREF" id="link2H_PREF"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PREFACE TO THE REVISED EDITION. + </h2> + <p> + In offering to the public a revised edition of Professor Johnston's + American Eloquence, a brief statement may be permitted of the changes and + additions involved in the revision. In consideration of the favor with + which the compilation of Professor Johnston had been received, and of its + value to all who are interested in the study of American history, the + present editor has deemed it wise to make as few omissions as possible + from the former volumes. The changes have been chiefly in the way of + additions. The omission, from the first volume, of Washington's Inaugural + and President Nott's oration on the death of Hamilton is the result, not + of a depreciation of the value of these, but of a desire to utilize the + space with selections and subjects which are deemed more directly valuable + as studies in American political history. Madison's speech on the adoption + of the Constitution, made before the Virginia Convention, is substituted + for one of Patrick Henry's on the same occasion. Madison's is a much more + valuable discussion of the issues and principles involved, and, besides, + the volume has the advantage of Henry's eloquence when he was at his best, + at the opening of the American Revolution. In compensation for the + omissions there are added selections, one each from Otis, Samuel Adams, + Gallatin, and Benton. The completed first volume, therefore, offers to the + student of American political history chapters from the life and work of + sixteen representative orators and statesmen of America. + </p> + <p> + In addition to the changes made in the selections, the editor has added + brief biographical sketches, references, and textual and historical notes + which, it is hoped, will add to the educational value of the volumes, as + well as to the interest and intelligence with which the casual reader may + peruse the speeches. + </p> + <p> + As a teacher of American history, I have found no more luminous texts on + our political history than the speeches of the great men who have been + able, in their discussions of public questions, to place before us a + contemporary record of the history which they themselves were helping to + make. To the careful student the secondary authorities can never supply + the place of the great productions, the messages and speeches, which + historic occasions have called forth. The earnest historical reader will + approach these orations, not with the design of regarding then merely as + specimens of eloquence or as studies in language, but as indicating the + great subjects and occasions of our political history and the spirit and + motives of the great leaders of that history. The orations lead the + student to a review of the great struggles in which the authors were + engaged, and to new interest in the science of government from the + utterances and permanent productions of master participants in great + political controversies. Certainly, there is no text-book in political + science more valuable than the best productions of great statesmen, as + reflecting the ideas of those who have done most to make political + history. + </p> + <p> + With these ideas in mind, the editor has added rather extensive historical + notes, with the purpose of suggesting the use of the speeches as the basis + of historical study, and of indicating other similar sources for + investigation. These notes, together with explanations of any obscurities + in the text, and other suggestions for study, will serve to indicate the + educational value of the volumes; and it is hoped that they may lead many + teachers and students to see in these orations a text suitable as a guide + to valuable studies in American political history. + </p> + <p> + The omissions of parts of the speeches, made necessary by the exigencies + of space, consist chiefly of those portions which were but of temporary + interest and importance, and which would not be found essential to an + understanding of the subject in hand. The omissions, however, have always + been indicated so as not to mislead the reader, and in most instances the + substance of the omissions has been indicated in the notes. + </p> + <p> + The general division of the work has been retained: 1. Colonialism, to + 1789. Constitutional Government, to 1801. 3. The Rise of Democracy, to + 1815. 4. The Rise of Nationality, to 1840. 5. The Slavery Struggle, to + 1860. 6. Secession and Civil War, to 1865. The extension of the studies + covering these periods, by the addition of much new material has made + necessary the addition of a fourth volume, which embraces the general + subjects, (1) Reconstruction; (2) Free Trade and Protection; (3) Finance; + (4) Civil-Service Reform. Professor Johnston's valuable introductions to + the several sections have been substantially retained. + </p> + <p> + By the revision, the volumes will be confined entirely to political + oratory. Literature and religion have, each in its place, called forth + worthy utterances in American oratory. These, certainly, have an important + place in the study of our national life. But it has been deemed advisable + to limit the scope of these volumes to that field of history which Mr. + Freeman has called "past politics,"—to the process by which + Americans, past and present, have built and conducted their state. The + study of the state, its rise, its organization, and its development, is, + after all, the richest field for the student and reader of history. + "History." says Professor Seeley, "may be defined as the biography of + states. To study history thus is to study politics at the same time. If + history is not merely eloquent writing, but a serious scientific + investigation, and if we are to consider that it is not mere anthropology + or sociology, but a science of states, then the study of history is + absolutely the study of politics." It is into this great field of history + that these volumes would direct the reader. + </p> + <p> + No American scholar had done more, before his untimely death, than the + original editor of these orations, to cultivate among Americans an + intelligent study of our politics and political history. These volumes, + which he designed, are a worthy memorial of his appreciation of the value + to American students of the best specimens of our political oratory. + </p> + <p> + J. A. W. <a name="link2H_4_0003" id="link2H_4_0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + INTRODUCTORY. + </h2> + <p> + All authorities are agreed that the political history of the United + States, beyond much that is feeble or poor in quality, has given to the + English language very many of its most finished and most persuasive + specimens of oratory. It is natural that oratory should be a power in a + republic; but, in the American republic, the force of institutions has + been reinforced by that of a language which is peculiarly adapted to the + display of eloquence. Collections of American orations have been numerous + and useful, but the copiousness of the material has always proved a source + of embarrassment. Where the supply is so abundant, it is exceedingly + difficult to make selections on any exact system, and yet impossible to + include all that has a fair claim to the distinctive stamp of oratory. The + results have been that our collections of public speeches have proved + either unsatisfactory or unreasonably voluminous. + </p> + <p> + The design which has controlled the present collection has been to make + such selections from the great orations of American history as shall show + most clearly the spirit and motives which have actuated its leaders, and + to connect them by a thread of commentary which shall convey the practical + results of the conflicts of opinion revealed in the selections. In the + execution of such a work much must be allowed for personal limitations; + that which would seem representative to one would not seem at all + representative to others. It will not be difficult to mark omissions, some + of which may seem to mar the completeness of the work very materially; the + only claim advanced is that the work has been done with a consistent + desire to show the best side of all lines of thought which have seriously + modified the course of American history. Some great names will be missed + from the list of orators, and some great addresses from the list of + orations; the apology for their omission is that they have not seemed to + be so closely related to the current of American history or so operative + upon its course as to demand their insertion. Any errors under this head + have occurred in spite of careful consideration and anxious desire to be + scrupulously impartial. + </p> + <p> + Very many of the orations selected have been condensed by the omission of + portions which had no relevancy to the purpose in hand, or were of only a + temporary interest and importance. Such omissions have been indicated, so + that the reader need not be misled, while the effort has been made to so + manage the omissions as to maintain a complete logical connection among + the parts which have been put to use. A tempting method of preserving such + a connection is, of course, the insertion of words or sentences which the + speaker might have used, though he did not; but such a method seemed too + dangerous and possibly too misleading, and it has been carefully avoided. + None of the selections contain a word of foreign matter, with the + exception of one of Randolph's speeches and Mr. Beecher's Liverpool + speech, where the matter inserted has been taken from the only available + report, and is not likely to mislead the reader. For very much the same + reason, footnotes have been avoided, and the speakers have been left to + speak for themselves. + </p> + <p> + Such a process of omission will reveal to any one who undertakes it an + underlying characteristic of our later, as distinguished from our earlier, + oratory. The careful elaboration of the parts, the restraint of each topic + treated to its appropriate part, and the systematic development of the + parts into a symmetrical whole, are as markedly present in the latter as + they are absent in the former. The process of selection has therefore been + progressively more difficult as the subject-matter has approached + contemporary times. In our earlier orations, the distinction and separate + treatment of the parts is so carefully observed that it has been + comparatively an easy task to seize and appropriate the parts especially + desirable. In our later orations, with some exceptions, there is an + evidently decreasing attention to system. The whole is often a collection + of <i>disjecta membra</i> of arguments, so interdependent that omissions + of any sort are exceedingly dangerous to the meaning of the speaker. To do + justice to his meaning, and give the whole oration, would be an impossible + strain on the space available; to omit any portion is usually to lose one + or more buttresses of some essential feature in his argument. The + distinction is submitted without any desire to explain it on theory, but + only as a suggestion of a practical difficulty in a satisfactory execution + of the work. + </p> + <p> + The general division of the work has been into (1) Colonialism, to 1789; + (2) Constitutional Government, to 1801; (5) the Rise of Democracy, to + 1815; (4) the Rise of Nationality, to 1840; (5) the Slavery struggle, to + 1860; (6) Secession and Reconstruction, to 1876; (7) Free Trade and + Protection. In such a division, it has been found necessary to include, in + a few cases, orations which have not been strictly within the time limits + of the topic, but have had a close logical connection with it. It is + hoped, however, that all such cases will show their own necessity too + clearly for any need of further ex-planation or excuse. + </p> + <p> + <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + I. — COLONIALISM. + </h2> + <p> + THE FORMATION OF THE CONSTITUTION. + </p> + <p> + It has been said by an excellent authority that the Constitution was + "extorted from the grinding necessities of a reluctant people." The truth + of the statement is very quickly recognized by even the most surface + student of American politics. The struggle which began in 1774-5 was the + direct outcome of the spirit of independence. Rather than submit to a + degrading government by the arbitrary will of a foreign Parliament, the + Massachusetts people chose to enter upon an almost unprecedented war of a + colony against the mother country. Rather than admit the precedent of the + oppression of a sister colony, the other colonies chose to support + Massachusetts in her resistance. Resistance to Parliament involved + resistance to the Crown, the only power which had hitherto claimed the + loyalty of the colonists; and one evil feature of the Revolution was that + the spirit of loyalty disappeared for a time from American politics. There + were, without doubt, many individual cases of loyalty to "Continental + interests"; but the mass of the people had merely unlearned their loyalty + to the Crown, and had learned no other loyalty to take its place. Their + nominal allegiance to the individual colony was weakened by their + underlying consciousness that they really were a part of a greater nation; + their national allegiance had never been claimed by any power. + </p> + <p> + The weakness of the confederation was apparent even before its complete + ratification. The Articles of Confederation were proposed by the + Continental Congress, Nov. 15, 1777. They were ratified by eleven States + during the year 1778, and Delaware ratified in 1779. Maryland alone held + out and refused to ratify for two years longer. Her long refusal was due + to her demand for a national control of the Western territory, which many + of the States were trying to appropriate. It was not until there was + positive evidence that the Western territory was to be national property + that Maryland acceded to the articles, and they went into operation. The + interval had given time for study of them, and their defects were so + patent that there was no great expectation among thinking men of any other + result than that which followed. The national power which the + confederation sought to create was an entire nonentity. There was no + executive power, except committees of Congress, and these had no powers to + execute. Congress had practically only the power to recommend to the + States. It had no power to tax, to support armies or navies, to provide + for the interest or payment of the public debt, to regulate commerce or + internal affairs, or to perform any other function of an efficient + national government. It was merely a convenient instrument of repudiation + for the States; Congress was to borrow money and incur debts, which the + States could refuse or neglect to provide for. Under this system affairs + steadily drifted from bad to worse for some six years after the formal + ratification of the articles. There seemed to be no remedy in the forms of + law, for the articles expressly provided that no alteration was to be made + except by the assent of every State. Congress proposed alterations, such + as the temporary grant to Congress of power to levy duties on imports; but + these proposals were always vetoed by one or more states. + </p> + <p> + In 1780, in a private letter, Hamilton had suggested a convention of the + States to revise the articles, and as affairs grew worse the proposition + was renewed by others. The first attempt to hold such a convention, on the + call of Virginia, was a failure; but five States sent delegates to + Annapolis, and these wisely contented themselves with recommending another + convention in the following year. Congress was persuaded to endorse this + summons; twelve of the States chose delegates, and the convention met at + Philadelphia, May, 14, 1787. A quorum was obtained, May 25th, and the + deliberations of the convention lasted until Sept. 28th, when the + Constitution was reported to Congress. + </p> + <p> + The difficulties which met the convention were mainly the results of the + division of the States into large and small States. Massachusetts, + Connecticut, Virginia, North Carolina, and Georgia, the States which + claimed to extend to the Mississippi on the west and cherished indefinite + expectations of future growth, were the "large" States. They desired to + give as much power as possible to the new national government, on + condition that the government should be so framed that they should have + control of it. The remaining States were properly "small" states, and + desired to form a government which would leave as much power as possible + to the States. Circumstances worked strongly in favor of a reasonable + result. There never were more than eleven States in the convention. Rhode + Island, a small State, sent no delegates. The New Hampshire delegates did + not appear until the New York delegates (except Hamilton) had lost + patience and retired from the convention. Pennsylvania was usually + neutral. The convention was thus composed of five large, five small, and + one neutral State; and almost all its decisions were the outcome of + judicious compromise. + </p> + <p> + The large States at first proposed a Congress in both of whose Houses the + State representation should be proportional. They would thus have had a + clear majority in both Houses, and, as Congress was to elect the + President, and other officers, the government would thus have been a large + State government. When "the little States gained their point," by forcing + through the equal representation of the States in the Senate, the + unsubstantial nature of the "national" pretensions of the large States at + once became apparent. The opposition to the whole scheme centred in the + large States, with very considerable assistance from New York, which was + not satisfied with the concessions which the small States had obtained in + the convention. The difficulty of ratification may be estimated from the + final votes in the following State conventions: Massachusetts, 187 to 163; + New Hampshire, 57 to 46; Virginia, 89 to 79, and New York, 30 to 27. It + should also be noted that the last two ratifications were only made after + the ninth State (New Hampshire) had ratified, and when it was certain that + the Constitution would go into effect with or with-out the ratification of + Virginia or New York. North Carolina did not ratify until 1789, and Rhode + Island not until 1790. + </p> + <p> + The division between North and South also appeared in the convention. In + order to carry over the Southern States to the support of the final + compromise, it was necessary to insert a guarantee of the slave trade for + twenty years, and a provision that three fifths of the slaves should be + counted in estimating the population for State representation in Congress. + But these provisions, so far as we can judge from the debates of the time, + had no influence against the ratification of the Constitution; the + struggle turned on the differences between the national leaders, aided by + the satisfied small States, on one side, and the leaders of the State + party, aided by the dissatisfied States, large and small, on the other. + The former, the Federalists, were successful, though by very narrow + majorities in several of the States. Washington was unanimously elected + the first President of the Republic; and the new government was + inaugurated at New York, March 4, 1789. + </p> + <p> + The speech of Henry in the Virginia House of Delegates has been chosen as + perhaps the best representative of the spirit which impelled and guided + the American Revolution. It is fortunate that the ablest of the national + leaders was placed in the very focus of opposition to the Constitution, so + that we may take Hamilton's argument in the New York convention and + Madison's in the Virginia convention, as the most carefully stated + conclusions of the master-minds of the National party. + </p> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JAMES OTIS + </h2> + <h3> + OF MASSACHUSETTS. (BORN 1725, DIED 1783.) + </h3> + <p> + ON THE WRITS OF ASSISTANCE—BEFORE THE SUPERIOR COURT OF + MASSACHUSETTS, FEBRUARY, 1761. + </p> + <p> + MAY IT PLEASE YOUR HONORS: I was desired by one of the court to look into + the books, and consider the question now before them concerning Writs of + Assistance. I have accordingly considered it, and now appear not only in + obedience to your order, but likewise in behalf of the inhabitants of this + town, who have presented another petition, and out of regard to the + liberties of the subject. And I take this opportunity to declare, that + whether under a fee or not (for in such a cause as this I despise a fee), + I will to my dying day oppose with all the powers and faculties God has + given me, all such instruments of slavery on the one hand, and villainy on + the other, as this writ of assistance is. + </p> + <p> + It appears to me the worst instrument of arbitrary power, the most + destructive of English liberty and the fundamental principles of law, that + ever was found in an English law-book. I must therefore beg your honors' + patience and attention to the whole range of an argument, that may perhaps + appear uncommon in many things, as well as to points of learning that are + more remote and unusual: that the whole tendency of my design may the more + easily be perceived, the conclusions better descend, and the force of them + be better felt. I shall not think much of my pains in this cause, as I + engaged in it from principle. I was solicited to argue this cause as + Advocate-General; and because I would not, I have been charged with + desertion from my office. To this charge I can give a very sufficient + answer. I renounced that office, and I argue this cause from the same + principle; and I argue it with the greater pleasure, as it is in favor of + British liberty, at a time when we hear the greatest monarch upon earth + declaring from his throne that he glories in the name of Briton, and that + the privileges of his people are dearer to him than the most valuable + prerogatives of his crown; and as it is in opposition to a kind of power, + the exercise of which in former periods of history cost one king of + England his head, and another his throne. I have taken more pains in this + cause than I ever will take again, although my engaging in this and + another popular cause has raised much resentment. But I think I can + sincerely, declare, that I cheerfully submit myself to every odious name + for conscience' sake; and from my soul I despise all those whose guilt, + malice, or folly has made them my foes. Let the consequences be what they + will, I am determined to proceed. The only principles of public conduct, + that are worthy of a gentleman or a man, are to sacrifice estate, ease, + health, and applause, and even life, to the sacred calls of his country. + </p> + <p> + These manly sentiments, in private life, make the good citizens; in public + life, the patriot and the hero. I do not say that, when brought to the + test, I shall be invincible. I pray God I may never be brought to the + melancholy trial, but if ever I should, it will be then known how far I + can reduce to practice principles which I know to be founded in truth. In + the meantime I will proceed to the subject of this writ. + </p> + <p> + Your honors will find in the old books concerning the office of a justice + of the peace, precedents of general warrants to search suspected houses. + But in more modern books, you will find only special warrants to search + such and such houses, specially named, in which the complainant has before + sworn that he suspects his goods are concealed; and will find it adjudged, + that special warrants only are legal. In the same manner I rely on it, + that the writ prayed for in this petition, being general, is illegal. It + is a power that places the liberty of every man in the hands of every + petty officer. I say I admit that special writs of assistance, to search + special places, may be granted to certain persons on oath; but I deny that + the writ now prayed for can be granted, for I beg leave to make some + observations on the writ itself, before I proceed to other acts of + Parliament. In the first place, the writ is universal, being directed "to + all and singular justices, sheriffs, constables, and all other officers + and subjects"; so that, in short, it is directed to every subject in the + king's dominions. Every one with this writ may be a tyrant; if this + commission be legal, a tyrant in a legal manner, also, may control, + imprison, or murder anyone within the realm. In the next place, it is + perpetual, there is no return. A man is accountable to no person for his + doings. Every man may reign secure in his petty tyranny, and spread terror + and desolation around him, until the trump of the archangel shall excite + different emotions in his soul. In the third place, a person with this + writ, in the daytime, may enter all houses, shops, etc., at will, and + command all to assist him. Fourthly, by this writ, not only deputies, + etc., but even their menial servants, are allowed to lord it over us. What + is this but to have the curse of Canaan with a witness on us: to be the + servant of servants, the most despicable of God's creation? Now one of the + most essential branches of English liberty is the freedom of one's house. + A man's house is his castle; and whilst he is quiet, he is as well guarded + as a prince in his castle. This writ, if it should be declared legal, + would totally annihilate this privilege. Custom-house officers may enter + our houses when they please; we are commanded to permit their entry. Their + menial servants may enter, may break locks, bars, and everything in their + way; and whether they break through malice or revenge, no man, no court + can inquire. Bare suspicion without oath is sufficient. This wanton + exercise of this power is not a chimerical suggestion of a heated brain. I + will mention some facts. Mr. Pew had one of these writs, and when Mr. Ware + succeeded him, he endorsed this writ over to Mr. Ware; so that these writs + are negotiable from one officer to another; and so your honors have no + opportunity of judging the persons to whom this vast power is delegated. + Another instance is this: Mr. Justice Walley had called this same Mr. Ware + before him, by a constable, to answer for a breach of the Sabbath-day + acts, or that of profane swearing. As soon as he had finished, Mr. Ware + asked him if he had done. He replied, "Yes." "Well then," said Mr. Ware, + "I will show you a little of my power. I command you to permit me to + search your house for uncustomed goods"; and went on to search the house + from the garret to the cellar; and then served the constable in the same + manner! But to show another absurdity in this writ: if it should be + established, I insist upon it every person, by the 14th Charles Second, + has this power as well as the custom-house officers. The words are: "it + shall be lawful for any person or persons authorized," etc. What a scene + does this open! Every man prompted by revenge, ill-humor, or wantonness to + inspect the inside of his neighbor's house, may get a writ of assistance. + Others will ask it from self-defence; one arbitrary exertion will provoke + another, until society be involved in tumult and in blood: + </p> + <p> + <a name="linkimage-0001" id="linkimage-0001"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/henry.jpg" alt="Patrick Henry " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PATRICK HENRY + </h2> + <h3> + OF VIRGINIA. (BORN 1736, DIED 1799) + </h3> + <p> + CONVENTION OF DELEGATES, MARCH 28, 1775 MR. PRESIDENT: + </p> + <p> + No man thinks more highly than I do of the patriotism, as well as + abilities, of the very worthy gentlemen who have just addressed the House. + But different men often see the same subject in different lights; and, + therefore, I hope that it will not be thought disrespectful to those + gentlemen, if, entertaining as I do, opinions of a character very opposite + to theirs, I shall speak forth my sentiments freely and without reserve. + This is no time for ceremony. The question before the House is one of + awful moment to this country. For my own part I consider it as nothing + less than a question of freedom or slavery; and in proportion to the + magnitude of the subject ought to be the freedom of the debate. It is only + in this way that we can hope to arrive at truth, and fulfil the great + responsibility Which we hold to God and our country. Should I keep back my + opinions at such a time, through fear of giving offence, I should consider + myself as guilty of treason toward my country, and of an act of disloyalty + toward the majesty of heaven, which I revere above all earthly-kings. + </p> + <p> + Mr. President, it is natural to man to indulge in the illusions of hope. + We are apt to shut our eyes against a painful truth, and listen to the + song of that syren, till she transforms us into beasts. Is this the part + of wise men, engaged in a great and arduous struggle for liberty? Are we + disposed to be of the number of those who, having eyes, see not, and + having ears, hear not, the things which so nearly concern their temporal + salvation? For my part, whatever anguish of spirit it may cost, I am + willing to know the whole truth; to know the worst and to provide for it. + </p> + <p> + I have but one lamp by which my feet are guided; and that is the lamp of + experience. I know of no way of judging of the future but by the past. And + judging by the past, I wish to know what there has been in the conduct of + the British ministry for the last ten years, to justify those hopes with + which gentlemen have been pleased to solace themselves and the House? Is + it that insidious smile with which our petition has been lately received? + Trust it not, sir; it will prove a snare to your feet. Suffer not + yourselves to be betrayed with a kiss. Ask yourselves how this gracious + reception of our petition comports with these war-like preparations which + cover our waters and darken our land. Are fleets and armies necessary to a + work of love and reconciliation? Have we shown ourselves so unwilling to + be reconciled, that force must be called in to win back our love? Let us + not deceive ourselves, sir. These are the implements of war and + subjugation; the last arguments to which kings resort. I ask gentlemen, + sir, what means this martial array. If its purpose be not to force us to + submission? Can gentlemen assign any other possible motives for it? Has + Great Britain any enemy, in this quarter of the world, to call for all + this accumulation of navies and armies? No, sir, she has none. They are + meant for us; they can be meant for no other. They are sent over to bind + and rivet upon us those chains which the British ministry have been so + long forging. And what have we to oppose to them? Shall we try argument? + Sir, we have been trying that for the last ten years. Have we any thing + new to offer on the subject? Nothing. We have held the subject up in every + light of which it is capable; but it has been all in vain. Shall we resort + to entreaty and humble supplication? What terms shall we find which have + not been already exhausted? Let us not, I beseech you, sir, deceive + ourselves longer. Sir, we have done every thing that could be done, to + avert the storm which is now coming on. We have petitioned; we have + remonstrated; we have supplicated: we have prostrated ourselves before the + throne, and have implored its interposition to arrest the tyrannical hands + of the ministry and parliament. Our petitions have been slighted; our + remonstrances have produced additional violence and insult; our + supplications have been disregarded; and we have been spurned, with + contempt, from the foot of the throne. In vain, after these things, may we + indulge the fond hope of peace and reconciliation. There is no longer any + room for hope. If we wish to be free—if we mean to preserve + inviolate those inestimable privileges for which we have been so long + contending—if we mean not basely to abandon the noble struggle in + which we have been so long engaged, and which we have pledged ourselves + never to abandon until the glorious object of our contest shall be + obtained, we must fight! I repeat it, sir, we must fight! An appeal to + arms and to the God of Hosts is all that is left us! + </p> + <p> + They tell us, sir, that we are weak; unable to cope with so formidable an + adversary. But when shall we be stronger? Will it be the next week, or the + next year? Will it be when we are totally disarmed, and when a British + guard shall be stationed in every house? Shall we gather strength by + irresolution and inaction? Shall we acquire the means of effectual + resistance, by lying supinely on our backs, and hugging the delusive + phantom of hope, until our enemies shall have bound us hand and foot? Sir, + we are not weak, if we make a proper use of the means which the God of + nature bath placed in our power. Three millions of people, armed in the + holy cause of liberty, and in such a country as that which we possess, are + invincible by any force which our enemy can send against us. Besides, sir, + we shall not fight our battles alone. There is a just God who presides + over the destinies of nations; and who will raise up friends to fight our + battles for us. The battle, sir, is not to the strong alone; it is to the + vigilant, the active, the brave. Besides. sir, we have no election. If we + were base enough to desire it, it is now too late to retire from the + contest. There is no retreat, but in submission and slavery! Our chains + are forged! Their clanking may be heard on the plains of Boston! The war + is inevitable—and let it come! I repeat it, sir, let it come! + </p> + <p> + It is in vain, sir, to extenuate the matter. Gentlemen may cry peace, + peace—but there is no peace. The war is actually begun! The next + gale that sweeps from the north will bring to our ears the clash of + resounding arms. Our brethren are already in the field! Why stand we here + idle? What is it that gentlemen wish? What would they have? Is life so + dear, or peace so sweet, as to be purchased at the price of chains and + slavery? Forbid it, Almighty God! I know not what course others may take; + but as for me, give me liberty, or give me death! + </p> + <p> + <a name="linkimage-0002" id="linkimage-0002"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/sam_adams.jpg" alt="Samuel Adams " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + SAMUEL ADAMS + </h2> + <h3> + OF MASSACHUSETTS (BORN 1722, DIED 1803.) + </h3> + <p> + ON AMERICAN INDEPENDENCE—IN PHILADELPHIA, AUGUST 1, 1776. + </p> + <p> + COUNTRYMEN AND BRETHREN: I would gladly have declined an honor, to which I + find myself unequal. I have not the calmness and impartiality which the + infinite importance of this occasion demands. I will not deny the charge + of my enemies, that resentment for the accumulated injuries of our + country, and an ardor for her glory, rising to enthusiasm, may deprive me + of that accuracy of judgment and expression which men of cooler passions + may possess. Let me beseech you then, to hear me with caution, to examine + without prejudice, and to correct the mistakes into which I may be hurried + by my zeal. + </p> + <p> + Truth loves an appeal to the common sense of mankind. Your unperverted + understandings can best determine on subjects of a practical nature. The + positions and plans which are said to be above the comprehension of the + multitude may be always suspected to be visionary and fruitless. He who + made all men hath made the truths necessary to human happiness obvious to + all. + </p> + <p> + Our forefathers threw off the yoke of Popery in religion; for you is + reserved the honor of levelling the Popery of politics. They opened the + Bible to all, and maintained the capacity of every man to judge for + himself in religion. Are we sufficient for the comprehension of the + sublimest spiritual truths, and unequal to material and temporal ones? + Heaven hath trusted us with the management of things for eternity, and man + denies us ability to judge of the present, or to know from our feelings + the experience that will make us happy. "You can discern," say they, + "objects distant and remote, but cannot perceive those within your grasp. + Let us have the distribution of present goods, and cut out and manage as + you please the interests of futurity." This day, I trust, the reign of + political protestantism will commence. + </p> + <p> + We have explored the temple of royalty, and found that the idol we have + bowed down to, has eyes which see not, ears that hear not our prayers, and + a heart like the nether millstone. We have this day restored the + Sovereign, to whom alone men ought to be obedient. He reigns in heaven, + and with a propitious eye beholds His subjects assuming that freedom of + thought and dignity of self-direction which He bestowed on them. From the + rising to the setting sun, may His kingdom come. + </p> + <p> + Men who content themselves with the semblance of truth, and a display of + words, talk much of our obligations to Great Britain for protection. Had + she a single eye to our advantage? A nation of shopkeepers are very seldom + so disinterested. Let us not be so amused with words; the extension of her + commerce was her object. When she defended our coasts, she fought for her + customers, and convoyed our ships loaded with wealth, which we had + acquired for her by our industry. She has treated us as beasts of burthen, + whom the lordly masters cherish that they may carry a greater load. Let us + inquire also against whom she has protected us? Against her own enemies + with whom we had no quarrel, or only on her account, and against whom we + always readily exerted our wealth and strength when they were required. + Were these colonies backward in giving assistance to Great Britain, when + they were called upon in 1739, to aid the expedition against Carthagena? + They at that time sent three thousand men to join the British army, + although the war commenced without their consent. But the last war, 't is + said, was purely American. This is a vulgar error, which, like many + others, has gained credit by being confidently repeated. The dispute + between the Courts of Great Britain and France, related to the limits of + Canada and Nova Scotia. The controverted territory was not claimed by any + in the colonies, but by the Crown of Great Britain. It was therefore their + own quarrel. The infringement of a right which England had, by the treaty + of Utrecht, of trading in the Indian country of Ohio, was another cause of + the war. The French seized large quantities of British manufactures, and + took possession of a fort which a company of British merchants and factors + had erected for the security of their commerce. The war was therefore + waged in defence of lands claimed by the Crown, and for the protection of + British property. The French at that time had no quarrel with America; + and, as appears by letters sent from their commander-in-chief, to some of + the colonies, wished to remain in peace with us. The part therefore which + we then took, and the miseries to which we exposed ourselves, ought to be + charged to our affection for Britain. These colonies granted more than + their proportion to the support of the war. They raised, clothed, and + maintained nearly twenty-five thousand men, and so sensible were the + people of England of our great exertions, that a message was annually sent + to the House of Commons purporting: "That his majesty, being highly + satisfied of the zeal and vigor with which his faithful subjects in North + America had exerted themselves in defence of his majesty's just rights and + possessions, recommend it to the House, to take the same into + consideration, and enable him to give them a proper compensation." + </p> + <p> + But what purpose can arguments of this kind answer? Did the protection we + received annul our rights as men, and lay us under an obligation of being + miserable? + </p> + <p> + Who among you, my countrymen, that is a father, would claim authority to + make your child a slave because you had nourished him in his infancy? + </p> + <p> + 'T is a strange species of generosity which requires a return infinitely + more valuable than anything it could have bestowed; that demands as a + reward for a defence of our property, a surrender of those inestimable + privileges, to the arbitrary will of vindictive tyrants, which alone give + value to that very property. + </p> + <p> + Courage, then, my countrymen! our contest is not only whether we ourselves + shall be free, but whether there shall be left to mankind an asylum on + earth, for civil and religious liberty? Dismissing, therefore, the justice + of our cause as incontestable, the only question is, What is best for us + to pursue in our present circumstances? + </p> + <p> + The doctrine of dependence on Great Britain is, I believe, generally + exploded; but as I would attend to the honest weakness of the simplest of + men, you will pardon me if I offer a few words on that subject. + </p> + <p> + We are now on this continent, to the astonishment of the world, three + millions of souls united in one common cause. We have large armies, well + disciplined and appointed, with commanders inferior to none in military + skill, and superior in activity and zeal. We are furnished with arsenals + and stores beyond our most sanguine expectations, and foreign nations are + waiting to crown our success by their alliances. There are instances of, I + would say, an almost astonishing Providence in our favor; our success has + staggered our enemies, and almost given faith to infidels; so that we may + truly say it is not our own arm which has saved us. + </p> + <p> + The hand of Heaven appears to have led us on to be, perhaps, humble + instruments and means in the great Providential dispensation which is + completing. We have fled from the political Sodom; let us not look back, + lest we perish and become a monument of infamy and derision to the world! + For can we ever expect more unanimity and a better preparation for + defence; more infatuation of counsel among our enemies, and more valor and + zeal among ourselves? The same force and resistance which are sufficient + to procure us our liberties, will secure us a glorious independence and + support us in the dignity of free, imperial states. We can not suppose + that our opposition has made a corrupt and dissipated nation more friendly + to America, or created in them a greater respect for the rights of + mankind. We can therefore expect a restoration and establishment of our + privileges, and a compensation for the injuries we have received from + their want of power, from their fears, and not from their virtues. The + unanimity and valor, which will effect an honorable peace, can render a + future contest for our liberties unnecessary. He who has strength to chain + down the wolf, is a mad-man if he lets him loose without drawing his teeth + and paring his nails. + </p> + <p> + From the day on which an accommodation takes place between England and + America, on any other terms than as independent states, I shall date the + ruin of this country. A politic minister will study to lull us into + security, by granting us the full extent of our petitions. The warm + sunshine of influence would melt down the virtue, which the violence of + the storm rendered more firm and unyielding. In a state of tranquillity, + wealth, and luxury, our descendants would forget the arts of war, and the + noble activity and zeal which made their ancestors invincible. Every art + of corruption would be employed to loosen the bond of union which renders + our resistance formidable. When the spirit of liberty which now animates + our hearts and gives success to our arms is extinct, our numbers will + accelerate our ruin, and render us easier victims to tyranny. Ye abandoned + minions of an infatuated ministry, if peradventure any should yet remain + among us!—remember that a Warren and a Montgomery are numbered among + the dead. Contemplate the mangled bodies of your countrymen, and then say, + What should be the reward of such sacrifices? Bid us and our posterity bow + the knee, supplicate the friendship, and plough, and sow, and reap, to + glut the avarice of the men who have let loose on us the dogs of war to + riot in our blood, and hunt us from the face of the earth? If ye love + wealth better than liberty, the tranquillity of servitude than the + animating contest of freedom—go from us in peace. We ask not your + counsels or arms. Crouch down and lick the hands which feed you. May your + chains set lightly upon you, and may posterity, forget that ye were our + countrymen. + </p> + <p> + To unite the Supremacy of Great Britain and the Liberty of America, is + utterly impossible. So vast a continent and of such a distance from the + seat of empire, will every day grow more unmanageable. The motion of so + unwieldy a body cannot be directed with any dispatch and uniformity, + without committing to the Parliament of Great Britain, powers inconsistent + with our freedom. The authority and force which would be absolutely + necessary for the preservation of the peace and good order of this + continent, would put all our valuable rights within the reach of that + nation. + </p> + <p> + * * * * * * * + </p> + <p> + Some who would persuade us that they have tender feelings for future + generations, while they are insensible to the happiness of the present, + are perpetually foreboding a train of dissensions under our popular + system. Such men's reasoning amounts to this—give up all that is + valuable to Great Britain, and then you will have no inducements to + quarrel among yourselves; or suffer yourselves to be chained down by your + enemies, that you may not be able to fight with your friends. + </p> + <p> + This is an insult on your virtue as well as your common sense. Your + unanimity this day and through the course of the war is a decisive + refutation of such invidious predictions. Our enemies have already had + evidence that our present constitution contains in it the justice and + ardor of freedom, and the wisdom and vigor of the most absolute system. + When the law is the will of the people, it will be uniform and coherent; + but fluctuation, contradiction, and inconsistency of councils must be + expected under those governments where every revolution in the ministry of + a court produces one in the state. Such being the folly and pride of all + ministers, that they ever pursue measures directly opposite to those of + their predecessors. + </p> + <p> + We shall neither be exposed to the necessary convulsions of elective + Monarchies, nor to the want of wisdom, fortitude, and virtue, to which + hereditary succession is liable. In your hands it will be to perpetuate a + prudent, active, and just legislature, and which will never expire until + you yourselves lose the virtues which give it existence. + </p> + <p> + And, brethren and fellow-countrymen, if it was ever granted to mortals to + trace the designs of Providence, and interpret its manifestations in favor + of their cause, we may, with humility of soul, cry out, "Not unto us, not + unto us, but to thy Name be the praise." The confusion of the devices + among our enemies, and the rage of the elements against them, have done + almost as much towards our success as either our councils or our arms. + </p> + <p> + The time at which this attempt on our liberties was made, when we were + ripened into maturity, had acquired a knowledge of war, and were free from + the incursions of enemies in this country, the gradual advances of our + oppressors enabling us to prepare for our defence, the unusual fertility + of our lands and clemency of the seasons, the success which at first + attended our feeble arms, producing unanimity among our friends and + reducing our internal foes to acquiescence,—these are all strong and + palpable marks and assurances, that Providence is yet gracious unto Zion, + that it will turn away the captivity of Jacob. + </p> + <p> + We have now no other alternative than independence, or the most + ignominious and galling servitude. The legions of our enemies thicken on + our plains; desolation and death mark their bloody career; whilst the + mangled corpses of our countrymen seem to cry out to us as a voice from + heaven: "Will you permit our posterity to groan under the galling chains + of our murderers? Has our blood been expended in vain? Is the only reward + which our constancy, till death, has obtained for our country, that it + should be sunk into a deeper and more ignominious vassalage?" Recollect + who are the men that demand your submission; to whose decrees you are + invited to pay obedience! Men who, unmindful of their relation to you as + brethren, of your long implicit submission to their laws; of the sacrifice + which you and your forefathers made of your natural advantages for + commerce to their avarice,—formed a deliberate plan to wrest from + you the small pittance of property which they had permitted you to + acquire. Remember that the men who wish to rule over you are they who, in + pursuit of this plan of despotism, annulled the sacred contracts which had + been made with your ancestors; conveyed into your cities a mercenary + soldiery to compel you to submission by insult and murder—who called + your patience, cowardice; your piety, hypocrisy. + </p> + <p> + Countrymen! the men who now invite you to surrender your rights into their + hands are the men who have let loose the merciless savages to riot in the + blood of their brethren—who have dared to establish popery + triumphant in our land—who have taught treachery to your slaves, and + courted them to assassinate your wives and children. + </p> + <p> + These are the men to whom we are exhorted to sacrifice the blessings which + Providence holds out to us—the happiness, the dignity of + uncontrolled freedom and independence. + </p> + <p> + Let not your generous indignation be directed against any among us who may + advise so absurd and madd'ning a measure. Their number is but few and + daily decreased; and the spirit which can render them patient of slavery, + will render them contemptible enemies. + </p> + <p> + Our Union is now complete; our Constitution composed, established, and + approved. You are now the guardians of your own liberties. We may justly + address you, as the <i>Decemviri</i> did the Romans, and say: "Nothing + that we propose, can pass into a law without your consent. Be yourselves, + O Americans, the authors of those laws on which your happiness depends." + </p> + <p> + You have now, in the field, armies sufficient to repel the whole force of + your enemies, and their base and mercenary auxiliaries. The hearts of your + soldiers beat high with the spirit of freedom—they are animated with + the justice of their cause, and while they grasp their swords, can look up + to Heaven for assistance. Your adversaries are composed of wretches who + laugh at the rights of humanity, who turn religion into derision, and + would, for higher wages, direct their swords against their leaders or + their country. Go on, then, in your generous enterprise, with gratitude to + Heaven for past success, and confidence of it in the future. For my own + part, I ask no greater blessing than to share with you the common danger + and common glory. If I have a wish dearer to my soul, than that my ashes + may be mingled with those of a Warren and a Montgomery, it is—that + these American States may never cease to be free and independent! + </p> + <p> + <a name="linkimage-0003" id="linkimage-0003"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/hamilton.jpg" alt="Alexander Hamilton} " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ALEXANDER HAMILTON + </h2> + <h3> + OF NEW YORK. (BORN 1757, DIED 1804.) + </h3> + <p> + ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION—CONVENTION OF + NEW YORK, JUNE 24, 1788. + </p> + <p> + I am persuaded, Mr. Chairman, that I in my turn shall be indulged, in + addressing the committee. We all, in equal sincerity, profess to be + anxious for the establishment of a republican government, on a safe and + solid basis. It is the object of the wishes of every honest man in the + United States, and I presume that I shall not be disbelieved, when I + declare, that it is an object of all others, the nearest and most dear to + my own heart. The means of accomplishing this great purpose become the + most important study which can interest mankind. It is our duty to examine + all those means with peculiar attention, and to choose the best and most + effectual. It is our duty to draw from nature, from reason, from examples, + the best principles of policy, and to pursue and apply them in the + formation of our government. We should contemplate and compare the + systems, which, in this examination, come under our view; distinguish, + with a careful eye, the defects and excellencies of each, and discarding + the former, incorporate the latter, as far as circumstances will admit, + into our Constitution. If we pursue a different course and neglect this + duty, we shall probably disappoint the expectations of our country and of + the world. + </p> + <p> + In the commencement of a revolution, which received its birth from the + usurpations of tyranny, nothing was more natural, than that the public + mind should be influenced by an extreme spirit of jealousy. To resist + these encroachments, and to nourish this spirit, was the great object of + all our public and private institutions. The zeal for liberty became + predominant and excessive. In forming our confederation, this passion + alone seemed to actuate us, and we appear to have had no other view than + to secure ourselves from despotism. The object certainly was a valuable + one, and deserved our utmost attention. But, sir, there is another object + equally important, and which our enthusiasm rendered us little capable of + regarding: I mean a principle of strength and stability in the + organization of our government, and vigor in its operations. This purpose + can never be accomplished but by the establishment of some select body, + formed peculiarly upon this principle. There are few positions more + demonstrable than that there should be in every republic, some permanent + body to correct the prejudices, check the intemperate passions, and + regulate the fluctuations of a popular assembly. It is evident, that a + body instituted for these purposes, must be so formed as to exclude as + much as possible from its own character, those infirmities and that + mutability which it is designed to remedy. It is therefore necessary that + it should be small, that it should hold its authority during a + considerable period, and that it should have such an independence in the + exercise of its powers, as will divest it as much as possible of local + prejudices. It should be so formed as to be the centre of political + knowledge, to pursue always a steady line of conduct, and to reduce every + irregular propensity to system. Without this establishment, we may make + experiments without end, but shall never have an efficient government. + </p> + <p> + It is an unquestionable truth, that the body of the people in every + country desire sincerely its prosperity; but it is equally unquestionable, + that they do not possess the discernment and stability necessary for + systematic government. To deny that they are frequently led into the + grossest errors by misinformation and passion, would be a flattery which + their own good sense must despise. That branch of administration + especially, which involves our political relations with foreign states, a + community will ever be incompetent to. These truths are not often held up + in public assemblies: but they cannot be unknown to any who hear me. From + these principles it follows, that there ought to be two distinct bodies in + our government: one, which shall be immediately constituted by and + peculiarly represent the people, and possess all the popular features; + another, formed upon the principle, and for the purposes, before + explained. Such considerations as these induced the convention who formed + your State constitution, to institute a Senate upon the present plan. The + history of ancient and modern republics had taught them, that many of the + evils which these republics had suffered, arose from the want of a certain + balance and mutual control indispensable to a wise administration; they + were convinced that popular assemblies are frequently misguided by + ignorance, by sudden impulses, and the intrigues of ambitious men; and + that some firm barrier against these operations was necessary; they, + therefore, instituted your Senate, and the benefits we have experienced + have fully justified their conceptions. + </p> + <p> + Gentlemen, in their reasoning, have placed the interests of the several + States, and those of the United States in contrast; this is not a fair + view of the subject; they must necessarily be involved in each other. What + we apprehend is, that some sinister prejudice, or some prevailing passion, + may assume the form of a genuine interest. The influence of these is as + powerful as the most permanent conviction of the public good; and against + this influence we ought to provide. The local interests of a State ought + in every case to give way to the interests of the Union; for when a + sacrifice of one or the other is necessary, the former becomes only an + apparent, partial interest, and should yield, on the principle that the + small good ought never to oppose the great one. When you assemble from + your several counties in the Legislature, were every member to be guided + only by the apparent interests of his county, government would be + impracticable. There must be a perpetual accommodation and sacrifice of + local advantages to general expediency; but the spirit of a mere popular + assembly would rarely be actuated by this important principle. It is + therefore absolutely necessary that the Senate should be so formed, as to + be unbiased by false conceptions of the real interests, or undue + attachment to the apparent good of their several States. + </p> + <p> + Gentlemen indulge too many unreasonable apprehensions of danger to the + State governments; they seem to suppose that the moment you put men into a + national council, they become corrupt and tyrannical, and lose all their + affection for their fellow-citizens. But can we imagine that the Senators + will ever be so insensible of their own advantage, as to sacrifice the + genuine interest of their constituents? The State governments are + essentially necessary to the form and spirit of the general system. As + long, therefore, as Congress has a full conviction of this necessity, they + must, even upon principles purely national, have as firm an attachment to + the one as to the other. This conviction can never leave them, unless they + become madmen. While the constitution continues to be read, and its + principle known, the States must, by every rational man, be considered as + essential, component parts of The Union; and therefore the idea of + sacrificing the former to the latter is wholly inadmissible. + </p> + <p> + The objectors do not advert to the natural strength and resources of State + governments, which will ever give them an important superiority over the + general government. If we compare the nature of their different powers, or + the means of popular influence which each possesses, we shall find the + advantage entirely on the side of the States. This consideration, + important as it is, seems to have been little attended to. The aggregate + number of representatives throughout the States may be two thousand. Their + personal influence will, therefore, be proportionably more extensive than + that of one or two hundred men in Congress. The State establishments of + civil and military officers of every description, infinitely surpassing in + number any possible correspondent establishments in the general + government, will create such an extent and complication of attachments, as + will ever secure the predilection and support of the people. Whenever, + therefore, Congress shall meditate any infringement of the State + constitutions, the great body of the people will naturally take part with + their domestic representatives. Can the general government withstand such + an united opposition? Will the people suffer themselves to be stripped of + their privileges? Will they suffer their Legislatures to be reduced to a + shadow and a name? The idea is shocking to common-sense. + </p> + <p> + From the circumstances already explained, and many others which might be + mentioned, results a complicated, irresistible check, which must ever + support the existence and importance of the State governments. The danger, + if any exists, flows from an opposite source. The probable evil is, that + the general government will be too dependent on the State Legislatures, + too much governed by their prejudices, and too obsequious to their humors; + that the States, with every power in their hands, will make encroachments + on the national authority, till the Union is weakened and dissolved. + </p> + <p> + Every member must have been struck with an observation of a gentleman from + Albany. Do what you will, says he, local prejudices and opinions will go + into the government. + </p> + <p> + What! shall we then form a constitution to cherish and strengthen these + prejudices? Shall we confirm the distemper, instead of remedying it. It is + undeniable that there must be a control somewhere. Either the general + interest is to control the particular interests, or the contrary. If the + former, then certainly the government ought to be so framed, as to render + the power of control efficient to all intents and purposes; if the latter, + a striking absurdity follows; the controlling powers must be as numerous + as the varying interests, and the operations of the government must + therefore cease; for the moment you accommodate these different interests, + which is the only way to set the government in motion, you establish a + controlling power. Thus, whatever constitutional provisions are made to + the contrary, every government will be at last driven to the necessity of + subjecting the partial to the universal interest. The gentlemen ought + always, in their reasoning, to distinguish between the real, genuine good + of a State, and the opinions and prejudices which may prevail respecting + it; the latter may be opposed to the general good, and consequently ought + to be sacrificed; the former is so involved in it, that it never can be + sacrificed. + </p> + <p> + There are certain social principles in human nature from which we may draw + the most solid conclusions with respect to the conduct of individuals and + of communities. We love our families more than our neighbors; we love our + neighbors more than our countrymen in general. The human affections, like + the solar heat, lose their intensity as they depart from the centre, and + become languid in proportion to the expansion of the circle on which they + act. On these principles, the attachment of the individual will be first + and forever secured by the State governments; they will be a mutual + protection and support. Another source of influence, which has already + been pointed out, is the various official connections in the States. + Gentlemen endeavor to evade the force of this by saying that these offices + will be insignificant. This is by no means true. The State officers will + ever be important, because they are necessary and useful. Their powers are + such as are extremely interesting to the people; such as affect their + property, their liberty, and life. What is more important than the + administration of justice and the execution of the civil and criminal + laws? Can the State governments become insignificant while they have the + power of raising money independently and without control? If they are + really useful; if they are calculated to promote the essential interests + of the people; they must have their confidence and support. The States can + never lose their powers till the whole people of America are robbed of + their liberties. These must go together; they must support each other, or + meet one common fate. On the gentleman's principle, we may safely trust + the State governments, though we have no means of resisting them; but we + cannot confide in the national government, though we have an effectual + constitutional guard against every encroachment. This is the essence of + their argument, and it is false and fallacious beyond conception. + </p> + <p> + With regard to the jurisdiction of the two governments, I shall certainly + admit that the Constitution ought to be so formed as not to prevent the + States from providing for their own existence; and I maintain that it is + so formed; and that their power of providing for themselves is + sufficiently established. This is conceded by one gentleman, and in the + next breath the concession is retracted. He says Congress has but one + exclusive right in taxation—that of duties on imports; certainly, + then, their other powers are only concurrent. But to take off the force of + this obvious conclusion, he immediately says that the laws of the United + States are supreme; and that where there is one supreme there cannot be a + concurrent authority; and further, that where the laws of the Union are + supreme, those of the States must be subordinate; because there cannot be + two supremes. This is curious sophistry. That two supreme powers cannot + act together is false. They are inconsistent only when they are aimed at + each other or at one indivisible object. The laws of the United States are + supreme, as to all their proper, constitutional objects; the laws of the + States are supreme in the same way. These supreme laws may act on + different objects without clashing; or they may operate on different parts + of the same common object with perfect harmony. Suppose both governments + should lay a tax of a penny on a certain article; has not each an + independent and uncontrollable power to collect its own tax? The meaning + of the maxim, there cannot be two supremes, is simply this—two + powers cannot be supreme over each other. This meaning is entirely + perverted by the gentlemen. But, it is said, disputes between collectors + are to be referred to the federal courts. This is again wandering in the + field of conjecture. But suppose the fact is certain; is it not to be + presumed that they will express the true meaning of the Constitution and + the laws? Will they not be bound to consider the concurrent jurisdiction; + to declare that both the taxes shall have equal operation; that both the + powers, in that respect, are sovereign and co-extensive? If they + transgress their duty, we are to hope that they will be punished. Sir, we + can reason from probabilities alone. When we leave common-sense, and give + ourselves up to conjecture, there can be no certainty, no security in our + reasonings. + </p> + <p> + I imagine I have stated to the committee abundant reasons to prove the + entire safety of the State governments and of the people. I would go into + a more minute consideration of the nature of the concurrent jurisdiction, + and the operation of the laws in relation to revenue; but at present I + feel too much indisposed to proceed. I shall, with leave of the committee, + improve another opportunity of expressing to them more fully my ideas on + this point. I wish the committee to remember that the Constitution under + examination is framed upon truly republican principles; and that, as it is + expressly designed to provide for the common protection and the general + welfare of the United States, it must be utterly repugnant to this + Constitution to subvert the State governments or oppress the people. + </p> + <p> + <a name="linkimage-0004" id="linkimage-0004"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/madison.jpg" alt="James Madison " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0009" id="link2H_4_0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JAMES MADISON, + </h2> + <h3> + OF VIRGINIA. (BORN 1751, DIED 1836.) + </h3> + <p> + ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION—CONVENTION OF + VIRGINIA, JUNE 6, 1788. MR. CHAIRMAN: + </p> + <p> + In what I am about to offer to this assembly, I shall not attempt to make + impressions by any ardent professions of zeal for the public welfare. We + know that the principles of every man will be, and ought to be, judged not + by his professions and declarations, but by his conduct. By that + criterion, I wish, in common with every other member, to be judged; and + even though it should prove unfavorable to my reputation, yet it is a + criterion from which I by no means would depart, nor could if I would. + Comparisons have been made between the friends of this constitution and + those who oppose it. Although I disapprove of such comparisons, I trust + that in everything that regards truth, honor, candor, and rectitude of + motives, the friends of this system, here and in other States, are not + inferior to its opponents. But professions of attachment to the public + good, and comparisons of parties, at all times invidious, ought not to + govern or influence us now. We ought, sir, to examine the Constitution + exclusively on its own merits. We ought to inquire whether it will promote + the public happiness; and its aptitude to produce that desirable object + ought to be the exclusive subject of our researches. In this pursuit, we + ought to address our arguments not to the feelings and passions, but to + those understandings and judgments which have been selected, by the people + of this country, to decide that great question by a calm and rational + investigation. I hope that gentlemen, in displaying their abilities on + this occasion, will, instead of giving opinions and making assertions, + condescend to prove and demonstrate, by fair and regular discussion. It + gives me pain to hear gentlemen continually distorting the natural + construction of language. Assuredly, it is sufficient if any human + production can stand a fair discussion. Before I proceed to make some + additions to the reasons which have been adduced by my honorable friend + over the way, I must take the liberty to make some observations on what + was said by another gentleman (Mr. Henry). He told us that this + constitution ought to be rejected, because, in his opinion, it endangered + the public liberty in many instances. Give me leave to make one answer to + that observation—let the dangers with which this system is supposed + to be replete, be clearly pointed out. If any dangerous and unnecessary + powers be given to the general legislature, let them be plainly + demonstrated, and let us not rest satisfied with general assertions of + dangers, without proof, without examination. If powers be necessary, + apparent danger is not a sufficient reason against conceding them. He has + suggested, that licentiousness has seldom produced the loss of liberty; + but that the tyranny of rulers has almost always effected it. Since the + general civilization of mankind, I believe there are more instances of the + abridgment of the freedom of the people by gradual and silent + encroachments of those in power, than by violent and sudden usurpations; + but on a candid examination of history, we shall find that turbulence, + violence, and abuse of power, by the majority trampling on the rights of + the minority, have produced factions and commotions which, in republics, + have, more frequently than any other cause, produced despotism. If we go + over the whole history of ancient and modern republics, we shall find + their destruction to have generally resulted from those causes. If we + consider the peculiar situation of the United States, and go to the + sources of that diversity of sentiment which pervades its inhabitants, we + shall find great danger to fear that the same causes may terminate here in + the same fatal effects which they produced in those republics. This danger + ought to be wisely guarded against. In the progress of this discussion, it + will perhaps appear, that the only possible remedy for those evils, and + the only certain means of preserving and protecting the principles of + republicanism, will be found in that very system which is now exclaimed + against as the parent of oppression. I must confess that I have not been + able to find his usual consistency in the gentleman's arguments on this + occasion. He informs us that the people of this country are at perfect + repose; that every man enjoys the fruits of his labor peaceably and + securely, and that everything is in perfect tranquillity and safety. I + wish sincerely, sir, this were true. But if this be really their + situation, why has every State acknowledged the contrary? Why were + deputies from all the States sent to the general convention? Why have + complaints of national and individual distresses been echoed and re-echoed + throughout the continent? Why has our general government been so + shamefully disgraced, and our Constitution violated? Wherefore have laws + been made to authorize a change, and wherefore are we now assembled here? + A federal government is formed for the protection of its individual + members. Ours was itself attacked with impunity. Its authority has been + boldly disobeyed and openly despised. I think I perceive a glaring + inconsistency in another of his arguments. He complains of this + Constitution, because it requires the consent of at least three fourths of + the States to introduce amendments which shall be necessary for the + happiness of the people. The assent of so many, he considers as too great + an obstacle to the admission of salutary amendments, which he strongly + insists ought to be at the will of a bare majority, and we hear this + argument at the very moment we are called upon to assign reasons for + proposing a Constitution which puts it in the power of nine States to + abolish the present inadequate, unsafe, and pernicious confederation! In + the first case, he asserts that a majority ought to have the power of + altering the government, when found to be inadequate to the security of + public happiness. In the last case, he affirms that even three fourths of + the community have not a right to alter a government which experience has + proved to be subversive of national felicity; nay, that the most necessary + and urgent alterations cannot be made without the absolute unanimity of + all the States. Does not the thirteenth article of the confederation + expressly require, that no alteration shall be made without the unanimous + consent of all the States? Can any thing in theory be more perniciously + improvident and injudicious than this submission of the will of the + majority to the most trifling minority? Have not experience and practice + actually manifested this theoretical inconvenience to be extremely + impolitic? Let me mention one fact, which I conceive must carry conviction + to the mind of any one,—the smallest State in the Union has + obstructed every attempt to reform the government; that little member has + repeatedly disobeyed and counteracted the general authority; nay, has even + supplied the enemies of its country with provisions. Twelve States had + agreed to certain improvements which were proposed, being thought + absolutely necessary to preserve the existence of the general government; + but as these improvements, though really indispensable, could not, by the + confederation, be introduced into it without the consent of every State, + the refractory dissent of that little State prevented their adoption. The + inconveniences resulting from this requisition of unanimous concurrence in + alterations of the confederation, must be known to every member in this + convention; it is therefore needless to remind them of them. Is it not + self-evident, that a trifling minority ought not to bind the majority? + Would not foreign influence be exerted with facility over a small + minority? Would the honorable gentleman agree to continue the most radical + defects in the old system, because the petty State of Rhode Island would + not agree to remove them? + </p> + <p> + He next objects to the exclusive legislation over the district where the + seat of the government may be fixed. Would he submit that the + representatives of this State should carry on their deliberations under + the control of any one member of the Union? If any State had the power of + legislation over the place where Congress should fix the general + government, it would impair the dignity and hazard the safety of Congress. + If the safety of the Union were under the control of any particular State, + would not foreign corruption probably prevail in such a State, to induce + it to exert its controlling influence over the members of the general + government? Gentlemen cannot have forgotten the disgraceful insult which + Congress received some years ago. And, sir, when we also reflect, that the + previous cession of particular States is necessary, before Congress can + legislate exclusively anywhere, we must, instead of being alarmed at this + part, heartily approve of it. + </p> + <p> + But the honorable member sees great danger in the provision concerning the + militia. Now, sir, this I conceive to be an additional security to our + liberties, without diminishing the power of the States in any considerable + degree; it appears to me so highly expedient, that I should imagine it + would have found advocates even in the warmest friends of the present + system. The authority of training the militia and appointing the officers + is reserved to the States. But Congress ought to have the power of + establishing a uniform system of discipline throughout the States; and to + provide for the execution of the laws, suppress insurrections, and repel + invasions. These are the only cases wherein they can interfere with the + militia; and the obvious necessity of their having power over them in + these cases must flash conviction on any reflecting mind. Without + uniformity of discipline, military bodies would be incapable of action; + without a general controlling power to call forth the strength of the + Union, for the purpose of repelling invasions, the country might be + overrun and conquered by foreign enemies. Without such a power to suppress + insurrections, our liberties might be destroyed by intestine faction, and + domestic tyranny be established. + </p> + <p> + Give me leave to say something of the nature of the government, and to + show that it is perfectly safe and just to vest it with the power of + taxation. There are a number of opinions; but the principal question is, + whether it be a federal or a consolidated government. In order to judge + properly of the question before us, we must consider it minutely, in its + principal parts. I myself conceive that it is of a mixed nature; it is, in + a manner, unprecedented. We cannot find one express prototype in the + experience of the world: it stands by itself. In some respects, it is a + government of a federal nature; in others, it is of a consolidated nature. + Even if we attend to the manner in which the Constitution is investigated, + ratified, and made the act of the people of America, I can say, + notwithstanding what the honorable gentleman has alleged, that this + government is not completely consolidated; nor is it entirely federal. Who + are the parties to it? The people—not the people as composing one + great body, but the people as composing thirteen sovereignties. Were it, + as the gentleman asserts, a consolidated government, the assent of a + majority of the people would be sufficient for its establishment, and as a + majority have adopted it already, the remaining States would be bound by + the act of the majority, even if they unanimously reprobated it. Were it + such a government as is suggested, it would be now binding on the people + of this State, without having had the privilege of deliberating upon it; + but, sir, no State is bound by it, as it is, without its own consent. + Should all the States adopt it, it will be then a government established + by the thirteen States of America, not through the intervention of the + legislatures, but by the people at large. In this particular respect, the + distinction between the existing and proposed governments is very + material. The existing system has been derived from the dependent, + derivative authority of the legislatures of the States; whereas this is + derived from the superior power of the people. If we look at the manner in + which alterations are to be made in it, the same idea is in some degree + attended to. By the new system, a majority of the States cannot introduce + amendments; nor are all the States required for that purpose; three + fourths of them must concur in alterations; in this there is a departure + from the federal idea. The members to the national House of + Representatives are to be chosen by the people at large, in proportion to + the numbers in the respective districts. When we come to the Senate, its + members are elected by the States in their equal and political capacity; + but had the government been completely consolidated, the Senate would have + been chosen by the people, in their individual capacity, in the same + manner as the members of the other house. Thus it is of complicated + nature, and this complication, I trust, will be found to exclude the evils + of absolute consolidation, as well as of a mere confederacy. If Virginia + were separated from all the States, her power and authority would extend + to all cases; in like manner, were all powers vested in the general + government, it would be a consolidated government; but the powers of the + federal government are enumerated; it can only operate in certain cases: + it has legislative powers on defined and limited objects, beyond which it + cannot extend its jurisdiction. + </p> + <p> + But the honorable member has satirized, with peculiar acrimony, the powers + given to the general government by this Constitution. I conceive that the + first question on this subject is, whether these powers be necessary; if + they be, we are reduced to the dilemma of either submitting to the + inconvenience, or losing the Union. Let us consider the most important of + these reprobated powers; that of direct taxation is most generally + objected to. With respect to the exigencies of government, there is no + question but the most easy mode of providing for them will be adopted. + When, therefore, direct taxes are not necessary, they will not be recurred + to. It can be of little advantage to those in power, to raise money in a + manner oppressive to the people. To consult the conveniences of the + people, will cost them nothing, and in many respects will be advantageous + to them. Direct taxes will only be recurred to for great purposes. What + has brought on other nations those immense debts, under the pressure of + which many of them labor? Not the expenses of their governments, but war. + If this country should be engaged in war, (and I conceive we ought to + provide for the possibility of such a case,) how would it be carried on? + By the usual means provided from year to year? As our imports will be + necessary for the expenses of government, and other common exigencies, how + are we to carry on the means of defence? How is it possible a war could be + supported without money or credit? And would it be possible for government + to have credit, without having the power of raising money? No, it would be + impossible for any government, in such a case, to defend itself. Then, I + say, sir, that it is necessary to establish funds for extraordinary + exigencies, and give this power to the general government; for the utter + inutility of previous requisitions on the States is too well known. Would + it be possible for those countries, whose finances and revenues are + carried to the highest perfection, to carry on the operations of + government on great emergencies, such as the maintenance of a war, without + an uncontrolled power of raising money? Has it not been necessary for + Great Britain, notwithstanding the facility of the collection of her + taxes, to have recourse very often to this and other extraordinary methods + of procuring money? Would not her public credit have been ruined, if it + was known that her power to raise money was limited? Has not France been + obliged, on great occasions, to recur to unusual means, in order to raise + funds? It has been the case in many countries, and no government can exist + unless its powers extend to make provisions for every contingency. If we + were actually attacked by a powerful nation, and our general government + had not the power of raising money, but depended solely on requisitions, + our condition would be truly deplorable: if the revenues of this + commonwealth were to depend on twenty distinct authorities, it would be + impossible for it to carry on its operations. This must be obvious to + every member here: I think, therefore, that it is necessary for the + preservation of the Union, that this power should be given to the general + government. + </p> + <p> + But it is urged, that its consolidated nature, joined to the power of + direct taxation, will give it a tendency to destroy all subordinate + authority; that its increasing influence will speedily enable it to absorb + the State governments. I cannot bring myself to think that this will be + the case. If the general government were wholly independent of the + governments of the particular States, then indeed, usurpation might be + expected to the fullest extent: but, sir, on whom does this general + government depend? It derives its authority from these governments, and + from the same sources from which their authority is derived. The members + of the federal government are taken from the same men from whom those of + the State legislatures are taken. If we consider the mode in which the + federal representatives will be chosen, we shall be convinced, that the + general never will destroy the individual governments; and this conviction + must be strengthened by an attention to the construction of the Senate. + The representatives will be chosen, probably under the influence of the + State legislatures: but there is not the least probability that the + election of the latter will be influenced by the former. One hundred and + sixty members representing this commonwealth in one branch of the + legislature, are drawn from the people at large, and must ever possess + more influence than the few men who will be elected to the general + legislature. Those who wish to become federal representatives, must depend + on their credit with that class of men who will be the most popular in + their counties, who generally represent the people in the State + governments: they can, therefore, never succeed in any measure contrary to + the wishes of those on whom they depend. So that, on the whole, it is + almost certain that the deliberations of the members of the federal House + of Representatives will be directed to the interests of the people of + America. As to the other branch, the Senators will be appointed by the + legislatures, and, though elected for six years, I do not conceive they + will so soon forget the source whence they derive their political + existence. This election of one branch of the federal, by the State + legislatures, secures an absolute independence of the former on the + latter. The biennial exclusion of one third will lessen the facility of a + combination, and preclude all likelihood of intrigues. I appeal to our + past experience, whether they will attend to the interests of their + constituent States. Have not those gentlemen who have been honored with + seats in Congress often signalized themselves by their attachment to their + States? Sir, I pledge myself that this government will answer the + expectations of its friends, and foil the apprehensions of its enemies. I + am persuaded that the patriotism of the people will continue, and be a + sufficient guard to their liberties, and that the tendency of the + Constitution will be, that the State governments will counteract the + general interest, and ultimately prevail. The number of the + representatives is yet sufficient for our safety, and will gradually + increase; and if we consider their different sources of information, the + number will not appear too small. + </p> + <p> + Sir, that part of the proposed Constitution which gives the general + government the power of laying and collecting taxes, is indispensable and + essential to the existence of any efficient, or well organized system of + government: if we consult reason, and be ruled by its dictates, we shall + find its justification there: if we review the experience we have had, or + contemplate the history of nations, there too we shall find ample reasons + to prove its expediency. It would be preposterous to depend for necessary + supplies on a body which is fully possessed of the power of withholding + them. If a government depends on other governments for its revenues; if it + must depend on the voluntary contributions of its members, its existence + must be precarious. A government that relies on thirteen independent + sovereignties for the means of its existence, is a solecism in theory, and + a mere nullity in practice. Is it consistent with reason, that such a + government can promote the happiness of any people? It is subversive of + every principle of sound policy, to trust the safety of a community with a + government totally destitute of the means of protecting itself or its + members. Can Congress, after the repeated unequivocal proofs it has + experienced of the utter inutility and inefficacy of requisitions, + reasonably expect that they would be hereafter effectual or productive? + </p> + <p> + Will not the same local interests, and other causes, militate against a + compliance? Whoever hopes the contrary must for ever be disappointed. The + effect, sir, cannot be changed without a removal of the cause. Let each + county in this commonwealth be supposed free and independent: let your + revenues depend on requisitions of proportionate quotas from them: let + application be made to them repeatedly, and then ask yourself, is it to be + presumed that they would comply, or that an adequate collection could be + made from partial compliances? It is now difficult to collect the taxes + from them: how much would that difficulty be enhanced, were you to depend + solely on their generosity? I appeal to the reason of every gentleman + here, and to his candor, to say whether he is not persuaded that the + present confederation is as feeble as the government of Virginia would be + in that case; to the same reason I appeal, whether it be compatible with + prudence to continue a government of such manifest and palpable weakness + and inefficiency. + </p> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + II. — CONSTITUTIONAL GOVERNMENT. + </h2> + <p> + Constitutional government in the United States began, in its national + phase, with the inauguration of Washington, but the experiment was for a + long time a doubtful one. Of the two parties, the federal and the + anti-federal parties, which had faced one another on the question of the + adoption of the Constitution, the latter had disappeared. Its conspicuous + failure to achieve the fundamental object of its existence, and the + evident hopelessnesss of reversing its failure in future, blotted it out + of existence. There was left but one party, the federal party; and it, + strong as it appeared, was really in almost as precarious a position as + its former opponent, because of the very completeness of its success in + achieving its fundamental object. Hamilton and Jefferson, two of its + representative members, were opposed in almost all the political instincts + of their natures; the former chose the restraints of strong government as + instinctively as the latter clung to individualism. They had been + accidentally united for the time in desiring the adoption of the + Constitution, though Hamilton considered it only a temporary shift for + something stronger, while Jefferson wished for a bill of rights to weaken + the force of some of its implications. Now that the Constitution was + ratified, what tie was there to hold these two to any united action for + the future? Nothing but a shadow—the name of a party not yet two + years old. As soon, therefore, as the federal party fairly entered upon a + secure tenure of power, the divergent instincts of the two classes + represented by Hamilton and Jefferson began to show themselves more + distinctly until there was no longer any pretence of party unity, and the + democratic (or republican) party assumed its place, in 1792-3, as the + recognized opponent of the party in power. It would be beside the purpose + to attempt to enumerate the points in which the natural antagonism of the + federalists and the republicans came to the surface during the decade of + contest which ended in the downfall of the federal party in 1800-1. In all + of them, in the struggles over the establishment of the Bank of the United + States and the assumption of the State debts, in the respective sympathy + for France and Great Britain, in the strong federalist legislation forced + through during the war feeling against France in 1798, the controlling + sympathy of the republicans for individualism and of the federalists for a + strong national government is constantly visible, if looked for. The + difficulty is that these permanent features are often so obscured by the + temporary media in which they appear that the republicans are likely to be + taken as a merely State-rights party, and the federalists as a merely + commercial party. + </p> + <p> + To adopt either of these notions would be to take a very erroneous idea of + American political history. The whole policy of the republicans was to + forward the freedom of the individual; their leader seems to have made all + other points subordinate to this. There is hardly any point in which the + action of the individual American has been freed from governmental + restraints, from ecclesiastical government, from sumptuary laws, from + restrictions on suffrage, from restrictions on commerce, production, and + exchange, for which he is not indebted in some measure to the work and + teaching of Jefferson between the years of 1790 and 1800. He and his party + found the States in existence, understood well that they were convenient + shields for the individual against the possible powers of the new federal + government for evil, and made use of them. The State sovereignty of + Jefferson was the product of individualism; that of Calhoun was the + product of sectionalism. + </p> + <p> + On the other hand, if Jeffersonian democracy was the representative of all + the individualistic tendencies of the later science of political economy, + Hamiltonian federalism represented the necessary corrective force of law. + It was in many respects a strong survival of colonialism. Together with + some of the evil features of colonialism, its imperative demands for + submission to class government, its respect for the interests and desires + of the few, and its contempt for those of the many, it had brought into + American constitutional life a very high ratio of that respect for law + which alone can render the happiness and usefulness of the individual a + permanent and secure possession. It was impossible for federalism to + resist the individualistic tendency of the country for any length of time; + it is the monument of the party that it secured, before it fell, abiding + guaranties for the security of the individual under freedom. + </p> + <p> + The genius of the federalists was largely practical. It was shown in their + masterly organization of the federal government when it was first + entrusted to their hands, an organization which has since been rather + developed than disturbed in any of its parts. But the details of the work + absorbed the attention of the leaders so completely that it would be + impossible to fix on any public address as entirely representative of the + party. Fisher Ames' speech on the Jay treaty, which was considered by the + federalists the most effective piece of oratory in their party history, + has been taken as a substitute. The question was to the federalists partly + of commercial and partly of national importance. John Jay had secured the + first commercial treaty with Great Britain in 1795. It not only provided + for the security of American commerce during the European wars to which + Great Britain was a party, and obtained the surrender of the military + posts in the present States of Ohio and Michigan; it also gave the United + States a standing in the family of nations which it was difficult to claim + elsewhere while Great Britain continued to refuse to treat on terms of + equality. The Senate therefore ratified the treaty, and it was + constitutionally complete. The democratic majority in the House of + Representatives, objecting to the treaty as a surrender of previous + engagements with France, and as a failure to secure the rights of + individuals against Great Britain, particularly in the matter of + impressment, raised the point that the House was not bound to vote money + for carrying into effect a treaty with which it was seriously + dissatisfied. The speech of Gallatin has been selected to represent the + republican view. It is a strong reflection of the opposition to the + Treaty. The reply of Ames is a forcible presentation of both the national + and the commercial aspects of his party; it had a very great influence in + securing, though by a very narrow majority, the vote of the House in favor + of the appropriation. + </p> + <p> + There is some difficulty in fixing on any completely representative + oration to represent the republican point of view covering this period. + Gallatin's speech on the Jay Treaty together with Nicholas' argument for + the repeal of the sedition law may serve this purpose. The speech of + Nicholas shows the instinctive sympathy of the party for the individual + rather than for the government. It shows the force with which this + sympathy drove the party into a strict construction of the Constitution. + It seems also to bear the strongest internal indications that it was + inspired, if not entirely written, by the great leader of the party, + Jefferson. The federalists had used the popular war feeling against France + in 1798, not only to press the formation of an army and a navy and the + abrogation of the old and trouble-some treaties with France, but to pass + the alien and sedition laws as well. The former empowered the President to + expel from the country or imprison any alien whom he should consider + dangerous to the peace and safety of the United States. The latter + forbade, under penalty of fine and imprisonment, the printing or + publishing of any "false, scandalous, or malicious writings" calculated to + bring the Government, Congress, or the President into disrepute, or to + excite against them the hatred of the good people of the United States, or + to stir up sedition. It was inevitable that the republicans should oppose + such laws, and that the people should support them in their opposition. At + the election of 1800, the federal party was overthrown, and the lost + ground was never regained. With Jefferson's election to the presidency, + began the democratic period of the United States; but it has always been + colored strongly and naturally by the federal bias toward law and order. + </p> + <p> + <a name="link2H_4_0011" id="link2H_4_0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ALBERT GALLATIN, + </h2> + <h3> + OF PENNSYLVANIA. (BORN 1761, DIED 1849.) + </h3> + <p> + ON THE BRITISH TREATY —HOUSE OF REPRESENTATIVES, APRIL 26, 1796. MR. + CHAIRMAN: + </p> + <p> + I will not follow some of the gentlemen who have preceded me, by dwelling + upon the discretion of the legislature; a question which has already been + the subject of our deliberations, and been decided by a solemn vote. + Gentle-men who were in the minority on that question may give any + construction they please to the declaratory resolution of the House; they + may again repeat that to refuse to carry the treaty into effect is a + breach of the public faith which they conceive as being pledged by the + President and Senate. This has been the ground on which a difference of + opinion has existed since the beginning of the discussion. It is because + the House thinks that the faith of the nation cannot, on those subjects + submitted to the power of Congress, be pledged by any constituted + authority other than the legislature, that they resolved that in all such + cases it is their right and duty to consider the expediency of carrying a + treaty into effect. If the House think the faith of the nation already + pledged they can not claim any discretion; there is no room left to + deliberate upon the expediency of the thing. The resolution now under + consideration is merely "that it is expedient to carry the British treaty + into effect," and not whether we are bound by national faith to do it. I + will therefore consider the question of expediency alone; and thinking as + I do that the House has full discretion on this subject, I conceive that + there is as much responsibility in deciding in the affirmative as in + rejecting the resolution, and that we shall be equally answerable for the + consequences that may follow from either. + </p> + <p> + It is true, however, that there was a great difference between the + situation of this country in the year 1794, when a negotiator was + appointed, and that in which we are at present; and that consequences will + follow the refusal to carry into effect the treaty in its present stage, + which would not have attended a refusal to negotiate and to enter into + such a treaty. The question of expediency, therefore, assumes before us a + different and more complex shape than when before the negotiator, the + Senate, or the President. The treaty, in itself and abstractedly + considered, may be injurious; it may be such an instrument as in the + opinion of the House ought not to have been adopted by the Executive; and + yet such as it is we may think it expedient under the present + circumstances to carry it into effect. I will therefore first take a view + of the provisions of the treaty itself, and in the next place, supposing + it is injurious, consider, in case it is not carried into effect, what + will be the natural consequences of such refusal. + </p> + <p> + The provisions of the treaty relate either to the adjustment of past + differences, or to the future intercourse of the two nations. The + differences now existing between Great Britain and this country arose + either from non-execution of some articles of the treaty of peace or from + the effects of the present European war. The complaints of Great Britain + in relation to the treaty of 1783 were confined to the legal impediments + thrown by the several States in the way of the recovery of British debts. + The late treaty provides adequate remedy on that subject; the United + States are bound to make full and complete compensation for any losses + arising from that source, and every ground of complaint on the part of + Great Britain is removed. + </p> + <p> + Having thus done full justice to the other nation, America has a right to + expect that equal attention shall be paid to her claims arising from + infractions of the treaty of peace, viz., compensation for the negroes + carried away by the British; restoration of the western posts, and + indemnification for their detention. + </p> + <p> + On the subject of the first claim, which has been objected to as + groundless, I will observe that I am not satisfied that the construction + given by the British government to that article of the treaty is justified + even by the letter of the article. That construction rests on the + supposition that slaves come under the general denomination of booty, and + are alienated the moment they fall into possession of an enemy, so that + all those who were in the hands of the British when the treaty of peace + was signed, must be considered as British and not as American property, + and are not included in the article. It will, however, appear by recurring + to Vattel when speaking of the right of "Postliminium," that slaves cannot + be considered as a part of the booty which is alienated by the act of + capture, and that they are to be ranked rather with real property, to the + profits of which only the captors are entitled. Be that as it may, there + is no doubt that the construction given by America is that which was + understood by the parties at the time of making the treaty. The journals + of Mr. Adams, quoted by a gentleman from Connecticut, Mr. Coit, prove this + fully; for when he says that the insertion of this article was alone worth + the journey of Mr. Laurens from London, can it be supposed that he would + have laid so much stress on a clause, which, according to the new + construction now attempted to be given, means only that the British would + commit no new act of hostility—would not carry away slaves at that + time in possession of Americans? Congress recognized that construction by + adopting the resolution which has been already quoted, and which was + introduced upon the motion of Mr. Alexander Hamilton; and it has not been + denied that the British ministry during Mr. Adams' embassy also agreed to + it. + </p> + <p> + But when our negotiator had, for the sake of peace, waived that claim; + when he had also abandoned the right which America had to demand an + indemnification for the detention of the posts, although he had conceded + the right of a similar nature, which Great Britain had for the detention + of debts; when he had thus given up everything which might be supposed to + be of a doubtful nature, it might have been hoped that our last claim—a + claim on which there was not and there never had been any dispute—the + western posts should have been restored according to the terms of the + treaty of peace. Upon what ground the British insisted, and our negotiator + conceded, that this late restitution should be saddled with new + conditions, which made no part of the original contract, I am at a loss to + know. British traders are allowed by the new treaty to remain within the + posts without becoming citizens of the United States; and to carry on + trade and commerce with the Indians living within our boundaries without + being subject to any control from our government. In vain is it said that + if that clause had not been inserted we would have found it to our + interest to effect it by our own laws. Of this we are alone competent + judges; if that condition is harmless at present it is not possible to + foresee whether, under future circumstances, it will not prove highly + injurious; and whether harmless or not, it is not less a permanent and new + condition imposed upon us. But the fact is, that by the introduction of + that clause, by obliging us to keep within our jurisdiction, as British + subjects, the very men who have been the instruments used by Great Britain + to promote Indian wars on our frontiers; by obliging us to suffer those + men to continue their commerce with the Indians living in our territory, + uncontrolled by those regulations which we have thought necessary in order + to restrain our own citizens in their intercourse with these tribes, Great + Britain has preserved her full influence with the Indian nations. By a + restoration of the posts under that condition we have lost the greatest + advantage that was expected from their possession, viz.: future security + against the Indians. In the same manner have the British preserved the + commercial advantages which result from the occupancy of those posts, by + stipulating as a permanent condition, a free passage for their goods + across our portages without paying any duty. + </p> + <p> + Another article of the new treaty which is connected with the provisions + of the treaty of 1783 deserves consideration; I mean what relates to the + Mississippi. At the time when the navigation of that river to its mouth + was by the treaty of peace declared to be common to both nations, Great + Britain communicated to America a right which she held by virtue of the + treaty of 1763, and as owner of the Floridas; but since that cession to + the United States, England has ceded to Spain her claim on the Floridas, + and does not own at the present time an inch of ground, either on the + mouth or on any part of that river. Spain now stands in the place of Great + Britain, and by virtue of the treaty of 1783 it is to Spain and America, + and not to England and America, that the navigation of the Mississippi is + at present to be common. Yet, notwithstanding this change of + circumstances, we have repeated that article of the former treaty in the + late one, and have granted to Great Britain the additional privilege of + using our ports on the eastern side of the river, without which, as they + own no land thereon, they could not have navigated it. Nor is this all. + Upon a supposition that the Mississippi does not extend so far northward + as to be intersected by a line drawn due west from the Lake of the Woods, + or, in other words, upon a supposition that Great Britain has not a claim + even to touch the Mississippi, we have agreed, not upon what will be the + boundary line, but that we will hereafter negotiate to settle that line. + Thus leaving to future negotiation what should have been finally settled + by the treaty itself, in the same manner as all other differences were, is + calculated for the sole purpose, either of laying the foundation of future + disputes, or of recognizing a claim in Great Britain on the waters of the + Mississippi, even if their boundary line leaves to the southward the + sources of that river. Had not that been the intention of Great Britain + the line would have been settled at once by the treaty, according to + either of the two only rational ways of doing it in conformity to the + treaty of 1783, that is to say, by agreeing that the line should run from + the northernmost sources of the Mississippi, either directly to the + western extremity of the Lake of the Woods, or northwardly till it + intersected the line to be drawn due west from that lake. But by repeating + the article of the treaty of 1783; by conceding the free use of our ports + on the river, and by the insertion of the fourth article, we have admitted + that Great Britain, in all possible events, has still a right to navigate + that river from its source to its mouth. What may be the future effects of + these provisions, especially as they regard our intercourse with Spain, it + is impossible at present to say; but although they can bring us no + advantage, they may embroil us with that nation: and we have already felt + the effect of it in our late treaty with Spain, since we were obliged, on + account of that clause of the British treaty, to accept as a gift and a + favor the navigation of that river which we had till then claimed as a + right. + </p> + <p> + But if, leaving commercial regulations, we shall seek in the treaty for + some provisions securing to us the free navigation of the ocean against + any future aggressions on our trade, where are they to be found? I can add + nothing to what has been said on the subject of contraband articles: it + is, indeed, self-evident, that, connecting our treaty with England on that + subject with those we have made with other nations, it amounts to a + positive compact to supply that nation exclusively with naval stores + whenever they may be at war. Had the list of contraband articles been + reduced—had naval stores and provisions, our two great staple + commodities, been declared not to be contra-band, security would have been + given to the free exportation of our produce; but instead of any provision + being made on that head, an article of a most doubtful nature, and on + which I will remark hereafter, has been introduced. But I mean, for the + present, to confine my observations to the important question of free + bottoms making free goods. It was with the utmost astonishment that I + heard the doctrine advanced on this floor, that such a provision, if + admitted, would prove injurious to America, inasmuch as in case of war + between this country and any other nation, the goods of that nation might + be protected by the English flag. It is not to a state of war that the + benefits of this provision would extend; but it is the only security which + neutral nations can have against the legal plundering on the high seas, so + often committed by belligerent powers. It is not for the sake of + protecting an enemy's property; it is not for the sake of securing an + advantageous carrying trade; but it is in order effectually to secure + ourselves against sea aggressions, that this provision is necessary. + Spoliations may arise from unjust orders, given by the government of a + belligerent nation to their officers and cruisers, and these may be + redressed by application to and negotiation with that order. But no + complaints, no negotiations, no orders of government itself, can give + redress when those spoliations are grounded on a supposition, that the + vessels of the neutral nation have an enemy's property on board, as long + as such property is not protected by the flag of the neutral nation; as + long as it is liable to be captured, it is not sufficient, in order to + avoid detention and capture, to have no such property on board. Every + privateer, under pretence that he suspects an enemy's goods to be part of + a cargo, may search, vex, and capture a vessel; and if in any corner of + the dominions of the belligerent power, a single judge can be found + inclined, if not determined, to condemn, at all events, before his + tribunal, all vessels so captured will be brought there, and the same + pretence which caused the capture will justify a condemnation. The only + nation who persists in the support of this doctrine, as making part of the + law of nations, is the first maritime power of Europe, whom their + interest, as they are the strongest, and as there is hardly a maritime war + in which they are not involved, leads to wish for a continuation of a + custom which gives additional strength to their overbearing dominion over + the seas. All the other nations have different sentiments and a different + interest. During the American war, in the year 1780, so fully convinced + were the neutral nations of the necessity of introducing that doctrine of + free bottoms making free goods, that all of them, excepting Portugal, who + was in a state of vassalage to, and a mere appendage of, Great Britain, + united in order to establish the principle, and formed for that purpose + the alliance known by the name of the armed neutrality. All the + belligerent powers, except England, recognized and agreed to the doctrine. + England itself was obliged, in some measure, to give, for a while, a tacit + acquiescence. America, at the time, fully admitted the principle, although + then at war. + </p> + <p> + Since the year 1780, every nation, so far as my knowledge goes, has + refused to enter into a treaty of commerce with England, unless that + provision was inserted. Russia, for that reason, would not renew their + treaty, which had expired in 1786; although I believe that, during the + present war, and in order to answer the ends of the war, they formed a + temporary convention, which I have not seen, but which, perhaps, does not + include that provision. England consented to it in her treaty with France, + in 1788, and we are the first neutral nation who has abandoned the common + cause, given up the claim, and by a positive declaration inserted in our + treaty, recognized the contrary doctrine. It has been said that, under the + present circumstances, it could not be expected that Great Britain would + give up the point; perhaps so; but the objection is not, that our + negotiator has not been able to obtain that principle, but that he has + consented to enter into a treaty of commerce which we do not want, and + which has no connection with an adjustment of our differences with Great + Britain, without the principle contended for making part of that treaty. + Unless we can obtain security for our navigation, we want no treaty; and + the only provision which can give us that security, should have been the + <i>sine qua non</i> of a treaty. On the contrary, we have disgusted all + the other neutral nations of Europe, without whose concert and assistance + there is but little hope that we shall ever obtain that point; and we have + taught Great Britain that we are disposed to form the most intimate + connections with her, even at the expense of recognizing a principle the + most fatal to the liberty of commerce and to the security of our + navigation. + </p> + <p> + But, if we could not obtain anything which might secure us against future + aggressions, should we have parted, without receiving any equivalent, with + those weapons of self-defence, which, although they could not repel, + might, in some degree, prevent any gross attacks upon our trade—any + gross violation of our rights as a neutral nation? We have no fleet to + oppose or to punish the insults of Great Britain; but, from our commercial + relative situation, we have it in our power to restrain her aggressions, + by restrictions on her trade, by a total prohibition of her manufactures, + or by a sequestration of the debts due to her. By the treaty, not + satisfied with receiving nothing, not satisfied with obtaining no security + for the future, we have, of our own accord, surrendered those defensive + arms, for fear they might be abused by ourselves. We have given up the two + first, for the whole time during which we might want them most, the period + of the present war; and the last, the power of sequestration, we have + abandoned for ever: every other article of the treaty of commerce is + temporary; this perpetual. + </p> + <p> + I shall not enter into a discussion of the immorality of sequestering + private property. What can be more immoral than war; or plundering on the + high seas, legalized under the name of privateering? Yet self-defence + justifies the first, and the necessity of the case may, at least in some + instances, and where it is the only practicable mode of warfare left to a + nation, apologize even for the last. In the same manner, the power of + sequestration may be resorted to, as the last weapon of self-defence, + rather than to seek redress by an appeal to arms. It is the last peace + measure that can be taken by a nation; but the treaty, by declaring, that + in case of national differences it shall not be resorted to, has deprived + us of the power of judging of its propriety, has rendered it an act of + hostility, and has effectually taken off that restraint, which a fear of + its exercise laid upon Great Britain. + </p> + <p> + Thus it appears that by the treaty we have promised full compensation to + England for every possible claim they may have against us, that we have + abandoned every claim of a doubtful nature, and that we have consented to + receive the posts, our claim to which was not disputed, under new + conditions and restrictions never before contemplated; that after having + obtained by those concessions an adjustment of past differences, we have + entered into a new agreement, unconnected with those objects, which have + heretofore been subjects of discussion between the two nations; and that + by this treaty of commerce and navigation, we have obtained no commercial + advantage which we did not enjoy before, we have obtained no security + against future aggressions, no security in favor of the freedom of our + navigation, and we have parted with every pledge we had in our hands, with + every power of restriction, with every weapon of self-defence which is + calculated to give us any security. + </p> + <p> + From the review I have taken of the treaty, and the opinions I have + expressed, it is hardly necessary for me to add, that I look upon the + instrument as highly injurious to the interests of the United States, and + that I earnestly wish it never had been made; but whether in its present + stage the House ought to refuse to carry it into effect, and what will be + the probable consequences of a refusal, is a question which requires the + most serious attention, and which I will now attempt to investigate. + </p> + <p> + Should the treaty be finally defeated, either new negotiations will be + more successful or Great Britain will refuse to make a new arrangement, + and leave things in the situation in which they now are, or war will be + the consequence. I will, in the course of my observations, make some + remarks on the last supposition. I do not think that the first will be + very probable at present, and I am of opinion that, under the present + circumstances, and until some change takes place in our own or in the + relative political situation of the European nations, it is to be + apprehended that, in such a case, new negotiations will either be rejected + or prove unsuccessful. Such an event might have perhaps followed a + rejection of the treaty even by the Senate or by the President. After the + negotiator employed by the United States had once affixed his signature it + must have become very problematical, unless he had exceeded his powers, + whether a refusal to sanction the contract he had made would not + eventually defeat, at least for a time, the prospect of a new treaty. I + conceive that the hopes of obtaining better conditions by a new + negotiation are much less in the present stage of the business than they + were when the treaty was in its inchoate form before the Executive; and in + order to form a just idea of the consequences of a rejection at present, I + will contemplate them upon this supposition, which appears to me most + probable, to wit, that no new treaty will take place for a certain period + of time. + </p> + <p> + In mentioning my objections to the treaty itself, I have already stated + the advantages which in my opinion would result to the United States from + the non-existence of that instrument; I will not repeat, but proceed at + once to examine what losses may accrue that can be set off against those + advantages. + </p> + <p> + The further detention of the posts, the national stain that will result + from receiving no reparation for the spoliations on our trade, and the + uncertainty of a final adjustment of our differences with Great Britain, + are the three evils which strike me as resulting from a rejection of the + treaty; and when to those considerations I add that of the present + situation of this country, of the agitation of the public mind, and of the + advantages that will arise from union of sentiments, however injurious and + unequal I conceive the treaty to be, however repugnant it may be to my + feelings, and perhaps to my prejudices, I feel induced to vote for it, and + will not give my assent to any proposition which will imply its rejection. + But the conduct of Great Britain since the treaty was signed, the + impressment of our seamen, and their uninterrupted spoliations on our + trade, especially by seizing our vessels laden with provisions, a + proceeding which they may perhaps justify by one of the articles of the + treaty, are such circumstances as may induce us to pause awhile, in order + to examine whether it is proper, immediately and without having obtained + any explanation thereon, to adopt the resolution on the table, and to + pass, at present, all the laws necessary to carry the treaty into effect. + </p> + <p> + Whatever evils may follow a rejection of the treaty, they will not attend + a postponement. To suspend our proceedings will not throw us into a + situation which will require new negotiations, new arrangements on the + points already settled and well understood by both parties. It will be + merely a delay, until an explanation of the late conduct of the British + towards us may be obtained, or until that conduct may be altered. If, on + the contrary, we consent to carry the treaty into effect, under the + present circumstances, what will be our situation in future? It is by + committing the most wanton and the most unprovoked aggressions on our + trade; it is by seizing a large amount of our property as a pledge for our + good behavior, that Great Britain has forced the nation into the present + treaty. If by threatening new hostilities, or rather by continuing her + aggressions, even after the treaty is made, she can force us also to carry + it into effect, our acquiescence will be tantamount to a declaration that + we mean to submit in proportion to the insults that are offered to us; and + this disposition being once known, what security have we against new + insults, new aggressions, new spoliations, which probably will lay the + foundation of some additional sacrifices on ours? It has been said, and + said with truth, that to put up with the indignities we have received + without obtaining any reparation, which will probably be the effect of + defeating the treaty, is highly dishonorable to the nation. + </p> + <p> + In my opinion it is still more so not only tamely to submit to a + continuation of these national insults, but while they thus continue + uninterrupted, to carry into effect the instrument we have consented to + accept as a reparation for former ones. When the general conduct of Great + Britain towards us from the beginning of the present war is considered; + when the means by which she has produced the treaty are reflected on, a + final compliance on our part while she still persists in that conduct, + whilst the chastening rod of that nation is still held over us, is in my + opinion a dereliction of national interest, of national honor, of national + independence. + </p> + <p> + But it is said, that war must be the consequence of our delaying to carry + the treaty into effect. Do the gentlemen mean, that if we reject the + treaty, if we do not accept the reparation there given to us, in order to + obtain redress, we have no alternative left but war? If we must go to war + in order to obtain reparation for insults and spoliations on our trade, we + must do it, even if we carry the present treaty into effect; for this + treaty gives us no reparation for the aggressions committed since it was + ratified, has not produced a discontinuance of those acts of hostility, + and gives us no security that they shall be discontinued. But the + arguments of those gentlemen, who suppose that America must go to war, + apply to a final rejection of the treaty, and not to a delay. I do not + propose to refuse the reparation offered by the treaty, and to put up with + the aggressions committed; I have agreed that that reparation, such as it + is, is a valuable article of the treaty; I have agreed, that under the + present circumstances, a greater evil will follow a total rejection of, + than an acquiescence in, the treaty. The only measure which has been + mentioned, in preference to the one now under discussion, is a suspension, + a postponement, whilst the present spoliations continue, in hopes to + obtain for them a similar reparation, and assurances that they shall + cease. + </p> + <p> + But is it meant to insinuate that it is the final intention of those who + pretend to wish only for a postponement, to involve this country in a war? + There has been no period during the present European war, at which it + would not have been equally weak and wicked to adopt such measures as must + involve America in the contest, unless forced into it for the sake of + self-defence; but, at this time, to think of it would fall but little + short of madness. The whole American nation would rise in opposition to + the idea; and it might at least have been recollected, that war can not be + declared, except by Congress, and that two of the branches of government + are sufficient to check the other in any supposed attempt of this kind. + </p> + <p> + If there is no necessity imposed upon America to go to war, if there is no + apprehension she will, by her own conduct, involve herself in one, the + danger must arise from Great Britain, and the threat is, that she will + make war against us if we do not comply. Gentlemen first tell us that we + have made the best possible bargain with that nation; that she has + conceded everything, without receiving a single iota in return, and yet + they would persuade us, that she will make war against us in order to + force us to accept that contract so advantageous to us, and so injurious + to herself. It will not be contended that a delay, until an amicable + explanation is obtained, could afford even a pretence to Great Britain for + going to war; and we all know that her own interest would prevent her. If + another campaign takes place, it is acknowledged, that all her efforts are + to be exerted against the West Indies. She has proclaimed her own scarcity + of provisions at home, and she must depend on our supplies to support her + armament. It depends upon us to defeat her whole scheme, and this is a + sufficient pledge against open hostility, if the European war continues. + If peace takes place, there will not be even the appearance of danger; the + moment when a nation is happy enough to emerge from one of the most + expensive, bloody, and dangerous wars in which she ever has been involved, + will be the last she would choose to plunge afresh into a similar + calamity. + </p> + <p> + But to the cry of war, the alarmists do not fail to add that of confusion; + and they have declared, even on this floor, that if the resolution is not + adopted government will be dissolved. Government dissolved in case a + postponement takes place! The idea is too absurd to deserve a direct + answer. But I will ask those gentlemen, by whom is government to be + dissolved? Certainly not by those who may vote against the resolution; for + although they are not perhaps fortunate enough to have obtained the + confidence of the gentlemen who voted against them, still it must be + agreed, that those who succeed in their wishes, who defeat a measure they + dislike, will not wish to destroy that government, which they hold so far + in their hands as to be able to carry their own measures. For them to + dissolve government, would be to dissolve their own power. By whom, then, + I again ask, is the government to be dissolved? The gentlemen must answer—by + themselves—or they must declare that they mean nothing but to alarm. + Is it really the language of those men, who profess to be, who distinguish + themselves by the self-assumed appellation of friends to order, that if + they do not succeed in all their measures they will overset government—and + have all their professions been only a veil to hide their love of power, a + pretence to cover their ambition? Do they mean, that the first event which + shall put an end to their own authority shall be the last act of + government? As to myself, I do not believe that they have such intentions; + I have too good an opinion of their patriotism to allow myself to admit + such an idea a single moment; but I think myself justifiable in + entertaining a belief, that some amongst them, in order to carry a + favorite, and what they think to be an advantageous measure, mean to + spread an alarm which they do not feel; and I have no doubt, that many + have contracted such a habit of carrying every measure of government as + they please, that they really think that every thing must be thrown into + confusion the moment they are thwarted in a matter of importance. I hope + that experience will in future cure their fears. But, at all events, be + the wishes and intentions of the members of this House what they may, it + is not in their power to dissolve the government. The people of the United + States, from one end of the continent to the other, are strongly attached + to their Constitution; they would restrain and punish the excesses of any + party, of any set of men in government, who would be guilty of the + attempt; and on them I will rest as a full security against every endeavor + to destroy our Union, our Constitution, or our government. + </p> + <p> + If the people of the United States wish this House to carry the treaty + into effect immediately, and notwithstanding the continued aggressions of + the British, if their will was fairly and fully expressed, I would + immediately acquiesce; but since an appeal has been made to them, it is + reasonable to suspend a decision until their sentiments are known. Till + then I must follow my own judgment; and as I cannot see that any possible + evils will follow a delay, I shall vote against the resolution before the + committee, in order to make room, either for that proposed by my + colleague, Mr. Maclay, or for any other, expressed in any manner whatever, + provided it embraces the object I have in view, to wit, the suspension of + the final vote—a postponement of the laws necessary to carry the + treaty into effect, until satisfactory assurances are obtained that Great + Britain means, in future, to show us that friendly disposition which it is + my earnest wish may at all times be cultivated by America towards all + other nations. + </p> + <p> + <a name="linkimage-0005" id="linkimage-0005"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/ames.jpg" alt="Fisher Ames " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + FISHER AMES, + </h2> + <h3> + OF MASSACHUSETTS. (BORN 1758, DIED 1808.) + </h3> + <p> + ON THE BRITISH TREATY, HOUSE OF REPRESENTATIVES, APRIL 28, 1796. + </p> + <p> + It would be strange, that a subject, which has aroused in turn all the + passions of the country, should be discussed without the interference of + any of our own. We are men, and therefore not exempt from those passions; + as citizens and representatives, we feel the interests that must excite + them. The hazard of great interests cannot fail to agitate strong + passions. We are not disinterested; it is impossible we should be + dispassionate. The warmth of such feelings may becloud the judgment, and, + for a time, pervert the understanding. But the public sensibility, and our + own, has sharpened the spirit of inquiry, and given an animation to the + debate. The public attention has been quickened to mark the progress of + the discussion, and its judgment, often hasty and erroneous on first + impressions, has become solid and enlightened at last. Our result will, I + hope, on that account, be safer and more mature, as well as more accordant + with that of the nation. The only constant agents in political affairs are + the passions of men. Shall we complain of our nature—shall we say + that man ought to have been made otherwise? It is right already, because + He, from whom we derive our nature, ordained it so; and because thus made + and thus acting, the cause of truth and the public good is more surely + promoted. + </p> + <p> + The treaty is bad, fatally bad, is the cry. It sacrifices the interest, + the honor, the independence of the United States, and the faith of our + engagements to France. If we listen to the clamor of party intemperance, + the evils are of a number not to be counted, and of a nature not to be + borne, even in idea. The language of passion and exaggeration may silence + that of sober reason in other places, it has not done it here. The + question here is, whether the treaty be really so very fatal as to oblige + the nation to break its faith. I admit that such a treaty ought not to be + executed. I admit that self-preservation is the first law of society, as + well as of individuals. It would, perhaps, be deemed an abuse of terms to + call that a treaty, which violates such a principle. I waive also, for the + present, any inquiry, what departments shall represent the nation, and + annul the stipulations of a treaty. I content myself with pursuing the + inquiry, whether the nature of this compact be such as to justify our + refusal to carry it into effect. A treaty is the promise of a nation. Now, + promises do not always bind him that makes them. But I lay down two rules, + which ought to guide us in this case. The treaty must appear to be bad, + not merely in the petty details, but in its character, principle, and + mass. And in the next place, this ought to be ascertained by the decided + and general concurrence of the enlightened public. + </p> + <p> + I confess there seems to be something very like ridicule thrown over the + debate by the discussion of the articles in detail. The undecided point + is, shall we break our faith? And while our country and enlightened + Europe, await the issue with more than curiosity, we are employed to + gather piecemeal, and article by article, from the instrument, a + justification for the deed by trivial calculations of commercial profit + and loss. This is little worthy of the subject, of this body, or of the + nation. If the treaty is bad, it will appear to be so in its mass. Evil to + a fatal extreme, if that be its tendency, requires no proof; it brings it. + Extremes speak for themselves and make their own law. What if the direct + voyage of American ships to Jamaica with horses or lumber, might net one + or two per centum more than the present trade to Surinam; would the proof + of the fact avail any thing in so grave a question as the violation of the + public engagements? + </p> + <p> + Why do they complain, that the West Indies are not laid open? Why do they + lament, that any restriction is stipulated on the commerce of the East + Indies? Why do they pretend, that if they reject this, and insist upon + more, more will be accomplished? Let us be explicit—more would not + satisfy. If all was granted, would not a treaty of amity with Great + Britain still be obnoxious? Have we not this instant heard it urged + against our envoy, that he was not ardent enough in his hatred of Great + Britain? A treaty of amity is condemned because it was not made by a foe, + and in the spirit of one. The same gentleman, at the same instant, repeats + a very prevailing objection, that no treaty should be made with the enemy + of France. No treaty, exclaim others, should be made with a monarch or a + despot; there will be no naval security while those sea-robbers domineer + on the ocean; their den must be destroyed; that nation must be extirpated. + </p> + <p> + I like this, sir, because it is sincerity. With feelings such as these, we + do not pant for treaties. Such passions seek nothing, and will be content + with nothing, but the destruction of their object. If a treaty left King + George his island, it would not answer; not if he stipulated to pay rent + for it. It has been said, the world ought to rejoice if Britain was sunk + in the sea; if where there are now men and wealth and laws and liberty, + there was no more than a sand bank for sea monsters to fatten on; a space + for the storms of the ocean to mingle in conflict. + </p> + <p> + What is patriotism? Is it a narrow affection for the spot where a man was + born? Are the very clods where we tread entitled to this ardent preference + because they are greener? No, sir, this is not the character of the + virtue, and it soars higher for its object. It is an extended self-love, + mingling with all the enjoyments of life, and twisting itself with the + minutest filaments of the heart. It is thus we obey the laws of society, + because they are the laws of virtue. In their authority we see, not the + array of force and terror, but the venerable image of our country's honor. + Every good citizen makes that honor his own, and cherishes it not only as + precious, but as sacred. He is willing to risk his life in its defence, + and is conscious that he gains protection while he gives it. For, what + rights of a citizen will be deemed inviolable when a state renounces the + principles that constitute their security? Or if his life should not be + invaded, what would its enjoyments be in a country odious in the eyes of + strangers and dishonored in his own? Could he look with affection and + veneration to such a country as his parent? The sense of having one would + die within him; he would blush for his patriotism, if he retained any, and + justly, for it would be a vice. He would be a banished man in his native + land. I see no exception to the respect that is paid among nations to the + law of good faith. If there are cases in this enlightened period when it + is violated, there are none when it is decried. It is the philosophy of + politics, the religion of governments. It is observed by barbarians—a + whiff of tobacco smoke, or a string of beads, gives not merely binding + force but sanctity to treaties. Even in Algiers, a truce may be bought for + money, but when ratified, even Algiers is too wise, or too just, to disown + and annul its obligation. Thus we see, neither the ignorance of savages, + nor the principles of an association for piracy and rapine, permit a + nation to despise its engagements. If, sir, there could be a resurrection + from the foot of the gallows, if the victims of justice could live again, + collect together and form a society, they would, however loath, soon find + themselves obliged to make justice, that justice under which they fell, + the fundamental law of their state. They would perceive, it was their + interest to make others respect, and they would therefore soon pay some + respect themselves, to the obligations of good faith. + </p> + <p> + It is painful, I hope it is superfluous, to make even the supposition, + that America should furnish the occasion of this opprobrium. No, let me + not even imagine, that a republican government, sprung, as our own is, + from a people enlightened and uncorrupted, a government whose origin is + right, and whose daily discipline is duty, can, upon solemn debate, make + its option to be faithless—can dare to act what despots dare not + avow, what our own example evinces, the states of Barbary are unsuspected + of. No, let me rather make the supposition, that Great Britain refuses to + execute the treaty, after we have done every thing to carry it into + effect. Is there any language of reproach pungent enough to express your + commentary on the fact? What would you say, or rather what would you not + say? Would you not tell them, wherever an Englishman might travel, shame + would stick to him—he would disown his country. You would exclaim, + England, proud of your wealth, and arrogant in the possession of power—blush + for these distinctions, which become the vehicles of your dishonor. Such a + nation might truly say to corruption, thou art my father, and to the worm, + thou art my mother and my sister. We should say of such a race of men, + their name is a heavier burden than their debt. + </p> + <p> + The refusal of the posts (inevitable if we reject the treaty) is a measure + too decisive in its nature to be neutral in its consequences. From great + causes we are to look for great effects. A plain and obvious one will be, + the price of the Western lands will fall. Settlers will not choose to fix + their habitation on a field of battle. Those who talk so much of the + interest of the United States, should calculate how deeply it will be + affected by rejecting the treaty; how vast a tract of wild land will + almost cease to be property. This loss, let it be observed, will fall upon + a fund expressly devoted to sink the national debt. What then are we + called upon to do? However the form of the vote and the protestations of + many may disguise the proceeding, our resolution is in substance, and it + deserves to wear the title of a resolution to prevent the sale of the + Western lands and the discharge of the public debt. + </p> + <p> + Will the tendency to Indian hostilities be contested by any one? + Experience gives the answer. The frontiers were scourged with war till the + negotiation with Great Britain was far advanced, and then the state of + hostility ceased. Perhaps the public agents of both nations are innocent + of fomenting the Indian war, and perhaps they are not. We ought not, + however, to expect that neighboring nations, highly irritated against each + other, will neglect the friendship of the savages; the traders will gain + an influence and will abuse it; and who is ignorant that their passions + are easily raised, and hardly restrained from violence? Their situation + will oblige them to choose between this country and Great Britain, in case + the treaty should be rejected. They will not be our friends, and at the + same time the friends of our enemies. + </p> + <p> + But am I reduced to the necesity of proving this point? Certainly the very + men who charged the Indian war on the detention of the posts, will call + for no other proof than the recital of their own speeches. It is + remembered with what emphasis, with what acrimony, they expatiated on the + burden of taxes, and the drain of blood and treasure into the Western + country, in consequence of Britain's holding the posts. Until the posts + are restored, they exclaimed, the treasury and the frontiers must bleed. + </p> + <p> + If any, against all these proofs, should maintain that the peace with the + Indians will be stable without the posts, to them I urge another reply. + From arguments calculated to produce conviction, I will appeal directly to + the hearts of those who hear me, and ask, whether it is not already + planted there? I resort especially to the convictions of the Western + gentlemen, whether supposing no posts and no treaty, the settlers will + remain in security? Can they take it upon them to say, that an Indian + peace, under these circumstances, will prove firm? No, sir, it will not be + peace, but a sword; it will be no better than a lure to draw victims + within the reach of the tomahawk. + </p> + <p> + On this theme my emotions are unutterable. If I could find words for them, + if my powers bore any proportion to my zeal, I would swell my voice to + such a note of remonstrance, it should reach every log-house beyond the + mountains. I would say to the inhabitants, wake from your false security; + your cruel dangers, your more cruel apprehensions are soon to be renewed; + the wounds, yet unhealed, are to be torn open again; in the daytime, your + path through the woods will be ambushed; the darkness of midnight will + glitter with the blaze of your dwellings. You are a father—the blood + of your sons shall fatten your cornfield; you are a mother—the + war-whoop shall wake the sleep of the cradle. + </p> + <p> + On this subject you need not suspect any deception on your feelings. It is + a spectacle of horror, which cannot be overdrawn. If you have nature in + your hearts, it will speak a language, compared with which all I have said + or can say will be poor and frigid. + </p> + <p> + Will it be whispered that the treaty has made me a new champion for the + protection of the frontiers? It is known that my voice as well as vote + have been uniformly given in conformity with the ideas I have expressed. + Protection is the right of the frontiers; it is our duty to give it. + </p> + <p> + Who will accuse me of wandering out of the subject? Who will say that I + exaggerate the tendencies of our measures? Will any one answer by a sneer, + that all this is idle preaching? Will any one deny, that we are bound, and + I would hope to good purpose, by the most solemn sanctions of duty for the + vote we give? Are despots alone to be reproached for unfeeling + indifference to the tears and blood of their subjects? Have the principles + on which you ground the reproach upon cabinets and kings no practical + influence, no binding force? Are they merely themes of idle declamation + introduced to decorate the morality of a newspaper essay, or to furnish + petty topics of harangue from the windows of that state-house? I trust it + is neither too presumptuous nor too late to ask. Can you put the dearest + interest of society at risk without guilt and without remorse. + </p> + <p> + It is vain to offer as an excuse, that public men are not to be reproached + for the evils that may happen to ensue from their measures. This is very + true where they are unforeseen or inevitable. Those I have depicted are + not unforeseen; they are so far from inevitable, we are going to bring + them into being by our vote. We choose the consequences, and become as + justly answerable for them as for the measures that we know will produce + them. + </p> + <p> + By rejecting the posts we light the savage fires—we bind the + victims. This day we undertake to render account to the widows and orphans + whom our decision will make, to the wretches that will be roasted at the + stake, to our country, and I do not deem it too serious to say, to + conscience and to God. We are answerable, and if duty be any thing more + than a word of imposture, if conscience be not a bug-bear, we are + preparing to make ourselves as wretched as our country. + </p> + <p> + There is no mistake in this case—there can be none. Experience has + already been the prophet of events, and the cries of future victims have + already reached us. The Western inhabitants are not a silent and + uncomplaining sacrifice. The voice of humanity issues from the shade of + their wilderness. It exclaims that, while one hand is held up to reject + this treaty, the other grasps a tomahawk. It summons our imagination to + the scenes that will open. It is no great effort of the imagination to + conceive that events so near are already begun. I can fancy that I listen + to the yells of savage vengeance, and the shrieks of torture. Already they + seem to sigh in the west wind-already they mingle with every echo from the + mountains. + </p> + <p> + It is not the part of prudence to be inattentive to the tendencies of + measures. Where there is any ground to fear that these will prove + pernicious, wisdom and duty forbid that we should underrate them. If we + reject the treaty, will our peace be as safe as if we executed it with + good faith? I do honor to the intrepid spirits of those who say it will. + It was formerly understood to constitute the excellence of a man's faith + to believe without evidence and against it. + </p> + <p> + But, as opinions on this article are changed, and we are called to act for + our country, it becomes us to explore the dangers that will attend its + peace, and to avoid them if we can. + </p> + <p> + Is there any thing in the prospect of the interior state of the country to + encourage us to aggravate the dangers of a war? Would not the shock of + that evil produce another, and shake down the feeble and then unbraced + structure of our government? Is this a chimera? Is it going off the ground + of matter of fact to say, the rejection of the appropriation proceeds upon + the doctrine of a civil war of the departments? Two branches have ratified + a treaty, and we are going to set it aside. How is this disorder in the + machine to be rectified? While it exists its movements must stop, and when + we talk of a remedy, is that any other than the formidable one of a + revolutionary one of the people? And is this, in the judgment even of my + opposers, to execute, to preserve the constitution and the public order? + Is this the state of hazard, if not of convulsion, which they can have the + courage to contemplate and to brave, or beyond which their penetration can + reach and see the issue? They seem to believe, and they act as if they + believed, that our union, our peace, our liberty, are invulnerable and + immortal—as if our happy state was not to be disturbed by our + dissentions, and that we are not capable of falling from it by our + unworthiness. Some of them have, no doubt, better nerves and better + discernment than mine. They can see the bright aspects and the happy + consequences of all this array of horrors. They can see intestine + discords, our government disorganized, our wrongs aggravated, multiplied, + and unredressed, peace with dishonor, or war without justice, union, or + resources, in "the calm lights of mild philosophy." + </p> + <p> + But whatever they may anticipate as the next measure of prudence and + safety, they have explained nothing to the house. After rejecting the + treaty, what is to be the next step? They must have foreseen what ought to + be done; they have doubtless resolved what to propose. Why then are they + silent? Dare they not avow their plan of conduct, or do they wait till our + progress toward confusion shall guide them in forming it? + </p> + <p> + Let me cheer the mind, weary, no doubt, and ready to despond on this + prospect, by presenting another, which it is yet in our power to realize. + Is it possible for a real American to look at the prosperity of this + country without some desire for its continuance—without some respect + for the measures which, many will say, produced, and all will confess, + have preserved, it? Will he not feel some dread that a change of system + will reverse the scene? The well-grounded fears of our citizens in 1794 + were removed by the treaty, but are not forgotten. Then they deemed war + nearly inevitable, and would not this adjustment have been considered, at + that day, as a happy escape from the calamity? The great interest and the + general desire of our people, was to enjoy the advantages of neutrality. + This instrument, however misrepresented, affords America that inestimable + security. The causes of our disputes are either cut up by the roots, or + referred to a new negotiation after the end of the European war. This was + gaining everything, because it confirmed our neutrality, by which our + citizens are gaining everything. This alone would justify the engagements + of the government. For, when the fiery vapors of the war lowered in the + skirts of our horizon, all our wishes were concentred in this one, that we + might escape the desolation of the storm. This treaty, like a rainbow on + the edge of the cloud, marked to our eyes the space where it was raging, + and afforded, at the same time, the sure prognostic of fair weather. If we + reject it, the vivid colors will grow pale,—it will be a baleful + meteor portending tempest and war. + </p> + <p> + Let us not hesitate, then, to agree to the appropriation to carry it into + faithful execution. + </p> + <p> + Thus we shall save the faith of our nation, secure its peace, and diffuse + the spirit of confidence and enterprise that will augment its prosperity. + The progress of wealth and improvement is wonderful, and, some will think, + too rapid. The field for exertion is fruitful and vast, and if peace and + good government should be preserved, the acquisitions of our citizens are + not so pleasing as the proofs of their industry—as the instruments + of their future success. The rewards of exertion go to augment its power. + Profit is every hour becoming capital. The vast crop of our neutrality is + all seed-wheat, and is sown again to swell, almost beyond calculation, the + future harvest of prosperity. And in this progress, what seems to be + fiction is found to fall short of experience. + </p> + <p> + I rose to speak under impressions that I would have resisted if I could. + Those who see me will believe that the reduced state of my health has + unfitted me, almost equally for much exertion of body or mind. Unprepared + for debate, by careful reflection in my retirement, or by long attention + here, I thought the resolution I had taken to sit silent, was imposed by + necesity, and would cost me no effort to maintain. With a mind thus vacant + of ideas, and sinking, as I really am, under a sense of weakness, I + imagined the very desire of speaking was extinguished by the persuasion + that I had nothing to say. Yet, when I come to the moment of deciding the + vote, I start back with dread from the edge of the pit into which we are + plunging. In my view, even the minutes I have spent in expostulation have + their value, because they protract the crisis, and the short period in + which alone we may resolve to escape it. + </p> + <p> + I have thus been led, by my feelings, to speak more at length than I + intended. Yet I have, perhaps, as little personal interest in the event as + any one here. There is, I believe, no member who will not think his chance + to be a witness of the consequences greater than mine. If, however, the + vote shall pass to reject, and a spirit should rise, as it will, with the + public disorders, to make confusion worse confounded, even I, slender and + almost broken as my hold upon life is, may outlive the government and + constitution of my country. + </p> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JOHN NICHOLAS + </h2> + <p> + ON THE PROPOSED REPEAL OF THE SEDITION LAW —HOUSE OF + REPRESENTATIVES, FEB. 25, 1799 MR. CHAIRMAN: + </p> + <p> + The Select Committee had very truly stated that only the second and third + sections of the act are complained of; that the part of the law which + punishes seditious acts is acquiesced in, and that the part which goes to + restrain what are called seditious writings is alone the object of the + petitions. This part of the law is complained of as being unwarranted by + the Constitution, and destructive of the first principles of republican + government. It is always justifiable, in examining the principle of a law, + to inquire what other laws can be passed with equal reason, and to impute + to it all the mischiefs for which it may be used as a precedent. + </p> + <p> + In this case, little inquiry is left for us to make, the arguments in + favor of the law carrying us immediately and by inevitable consequence to + absolute power over the press. + </p> + <p> + It is not pretended that the Constitution has given any express authority, + which they claim, for passing this law, and it is claimed only as implied + in that clause of the Constitution which says: "Congress shall have power + to make all laws which shall be necessary and proper for carrying into + execution the foregoing powers, and all other powers vested by this + Constitution in the Government of the United States, or in any department + or officer thereof." It is clear that this clause was intended to be + merely an auxiliary to the powers specially enumerated in the + Constitution; and it must, therefore, be so construed as to aid them, and + at the same time to leave the boundaries between the General Government + and the State governments untouched. The argument by which the Select + Committee have endeavored to establish the authority of Congress over the + press is the following: "Congress has power to punish seditious + combinations to resist the laws, and therefore Congress must have the + power to punish false, scandalous, and malicious writings; because such + writings render the Administration odious and contemptible among the + people, and by doing so have a tendency to produce opposition to the + laws." To make it support the construction of the committee, it should say + that "Congress shall have power over all acts which are likely to produce + acts which hinder the execution of," etc. Our construction confines the + power of Congress to such acts as immediately interfere with the execution + of the enumerated powers of Congress, because the power can only be + necessary as well as proper when the acts would really hinder the + execution. The construction of the committee extends the power of Congress + to all acts which have a relation, ever so many degrees removed, to the + enumerated powers, or rather to the acts which would hinder their + execution. By our construction, the Constitution remains defined and + limited, according to the plain intent and meaning of its framers; by the + construction of the committee, all limitation is lost, and it may be + extended over the different actions of life as speculative politicians may + think fit. What has a greater tendency to fit men for insurrection and + resistance to government than dissolute, immoral habits, at once + destroying love of order, and dissipating the fortune which gives an + interest in society? The doctrine that Congress can punish any act which + has a tendency to hinder the execution of the laws, as well as acts which + do hinder it, will, therefore, clearly entitle them to assume a general + guardianship over the morals of the people of the United States. Again, + nothing can have a greater tendency to ensure obedience to law, and + nothing can be more likely to check every propensity to resistance to + government, than virtuous and wise education; therefore Congress must have + power to subject all the youth of the United States to a certain system of + education. It would be very easy to connect every sort of authority used + by any government with the well-being of the General Government, and with + as much reason as the committee had for their opinion, to assign the power + to Congress, although the consequence must be the prostration of the State + governments. + </p> + <p> + But enough has been said to show the necessity of adhering to the common + meaning of the word "necessary" in the clause under consideration, which + is, that the power to be assumed must be one without which some one of the + enumerated powers cannot exist or be maintained. It cannot escape notice, + however, that the doctrine contended for, that the Administration must be + protected against writings which are likely to bring it into contempt, as + tending to opposition, will apply with more force to truth than falsehood. + It cannot be denied that the discovery of maladministration will bring + more lasting discredit on the government of a country than the same + charges would if untrue. This is not an alarm founded merely on + construction, for the governments which have exercised control over the + press have carried it the whole length. This is notoriously the law of + England, whence this system has been drawn; for there truth and falsehood + are alike subject to punishment, if the publication brings contempt on the + officers of government. + </p> + <p> + The law has been current by the fair pretence of punishing nothing but + falsehood, and by holding out to the accused the liberty of proving the + truth of the writing; but it was from the first apprehended, and it seems + now to be adjudged (the doctrine has certainly been asserted on this + floor), that matters of opinion, arising on notorious facts, come under + the law. If this is the case, where is the advantage of the law requiring + that the writing should be false before a man shall be liable to + punishment, or of his having the liberty of proving the truth of his + writing? Of the truth of facts there is an almost certain test; the belief + of honest men is certain enough to entitle it to great confidence; but + their opinions have no certainty at all. The trial of the truth of + opinions, in the best state of society, would be altogether precarious; + and perhaps a jury of twelve men could never be found to agree in any one + opinion. At the present moment, when, unfortunately, opinion is almost + entirely governed by prejudice and passion, it may be more decided, but + nobody will say it is more respectable. Chance must determine whether + political opinions are true or false, and it will not unfrequently happen + that a man will be punished for publishing opinions which are sincerely + his, and which are of a nature to be extremely interesting to the public, + merely because accident or design has collected a jury of different + sentiments. + </p> + <p> + Is the power claimed proper for Congress to possess? It is believed not, + and this will readily be admitted if it can be proved, as I think it can, + that the persons who administer the government have an interest in the + power to be confided opposed to that of the community. It must be agreed + that the nature of our government makes a diffusion of knowledge of public + affairs necessary and proper, and that the people have no mode of + obtaining it but through the press. The necessity for their having this + information results from its being their duty to elect all the parts of + the Government, and, in this way, to sit in judgment over the conduct of + those who have been heretofore employed. The most important and necessary + information for the people to receive is that of the misconduct of the + Government, because their good deeds, although they will produce affection + and gratitude to public officers, will only confirm the existing + confidence, and will, therefore, make no change in the conduct of the + people. The question, then, whether the Government ought to have control + over the persons who alone can give information throughout a country is + nothing more than this, whether men, interested in suppressing information + necessary for the people to have, ought to be entrusted with the power, or + whether they ought to have a power which their personal interest leads to + the abuse of. I am sure no candid man will hesitate about the answer; and + it may also safely be left with ingenuous men to say whether the + misconduct which we sometimes see in the press had not better be borne + with, than to run the risk of confiding the power of correction to men who + will be constantly urged by their own feelings to destroy its usefulness. + How long can it be desirable to have periodical elections for the purpose + of judging of the conduct of our rulers, when the channels of information + may be choked at their will? + </p> + <p> + But, sir, I have ever believed this question as settled by an amendment to + the Constitution, proposed with others for declaring and restricting its + powers, as the preamble declares, at the request of several of the States, + made at the adoption of the Constitution, in order to prevent their + misconstruction and abuse. This amendment is in the following words: + "Congress shall make no law respecting an establishment of religion, or + prohibiting the free exercise thereof, or abridging the freedom of speech + or of the press, or the right of the people peaceably to assemble and + petition the Government for a redress of grievances." There can be no + doubt about the effect of this amendment, unless the "freedom of the + press" means something very different from what it seems; or unless there + was some actual restraint upon it, under the Constitution of the United + States, at the time of the adoption of this amendment, commensurate with + that imposed by this law. Both are asserted, viz., that the "freedom of + the press" has a defined, limited meaning, and that the restraints of the + common law were in force under the United States, and are greater than + those of the act of Congress, and that, therefore, either way the "freedom + of the press" is not abridged. + </p> + <p> + It is asserted by the select committee, and by everybody who has gone + before them in this discussion, that the "freedom of the press," according + to the universally received acceptation of the expression, means only an + exemption from all previous restraints on publication, but not an + exemption from any punishment Government pleases to inflict for what is + published. This definition does not at all distinguish between + publications of different sorts, but leaves all to the regulation of the + law, only forbidding Government to interfere until the publication is + really made. The definition, if true, so reduces the effect of the + amendment that the power of Congress is left unlimited over the + productions of the press, and they are merely deprived of one mode of + restraint. + </p> + <p> + The amendment was certainly intended to produce some limitation to + legislative discretion, and it must be construed so as to produce such an + effect, if it is possible. To give it such a construction as will bring it + to a mere nullity would violate the strongest injunctions of common-sense + and decorum, and yet that appears to me to be the effect of the + construction adopted by the committee. The effect of the amendment, say + the committee, is to prevent Government taking the press from its owner; + but how is their power lessened by this, when they may take the printer + from his press and imprison him for any length of time, for publishing + what they choose to prohibit, although it maybe ever so proper for public + information? The result is that Government may forbid any species of + writing, true as well as false, to be published; may inflict the heaviest + punishments they can devise for disobedience, and yet we are very gravely + assured that this is the "freedom of the press." + </p> + <p> + A distinction is very frequently relied on between the freedom and the + licentiousness of the press, which it is proper to examine. This seems to + me to refute every other argument which is used on this subject; it + amounts to an admission that there are some acts of the press which + Congress ought not to have power to restrain, and that by the amendment + they are prohibited to restrain these acts. Nov, to justify any act of + Congress, they ought to show the boundary between what is prohibited and + what is permitted, and that the act is not within the prohibited class. + The Constitution has fixed no such boundary, therefore they can pretend to + no power over the press, without claiming the right of defining what is + freedom and what is licentiousness, and that would be to claim a right + which would defeat the Constitution; for every Congress would have the + same right, and the freedom of the press would fluctuate according to the + will of the legislature. This is, therefore, only a new mode of claiming + absolute power over the press. + </p> + <p> + It is said there is a common law which makes part of the law of the United + States, which restrained the press more than the act of Congress has done, + and that therefore there is no abridgment of its freedom. What this common + law is I cannot conceive, nor have I seen anybody who could explain + himself when he was talking of it. It certainly is not a common law of the + United States, acquired, as that of England was, by immemorial usage. The + standing of the Government makes this impossible. It cannot be a code of + laws adopted because they were universally in use in the States, for the + States had no uniform code; and, if they had, it could hardly become, by + implication, part of the code of a Government of limited powers, from + which every thing is expressly retained which is not given. Is it the law + of England, at any particular period, which is adopted? But the nature of + the law of England makes it impossible that it should have been adopted in + the lump into such a Government as this is, because it was a complete + system for the management of all the affairs of a country. It regulated + estates, punished all crimes, and, in short, went to all things for which + laws were necessary. But how was this law adopted? Was it by the + Constitution? If so, it is immutable and incapable of amendment. In what + part of the Constitution is it declared to be adopted? Was it adopted by + the courts? From whom do they derive their authority? The Constitution, in + the clause first cited, relies on Congress to pass all laws necessary to + enable the courts to carry their powers into execution; it cannot, + therefore, have been intended to give them a power not necessary to their + declared powers. There does not seem to me the smallest pretext for so + monstrous an assumption; on the contrary, while the Constitution is silent + about it, every fair inference is against it. + </p> + <p> + Upon the whole, therefore, I am fully satisfied that no power is given by + the Constitution to control the press, and that such laws are expressly + prohibited by the amendment. I think it inconsistent with the nature of + our Government that its administration should have power to restrain + animadversions on public measures, and for protection from private injury + from defamation the States are fully competent. It is to them that our + officers must look for protection of persons, estates, and every other + personal right; and, therefore, I see no reason why it is not proper to + rely upon it for defence against private libels. + </p> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + III. — THE RISE OF DEMOCRACY. + </h2> + <p> + The inaugural address of President Jefferson has been given the first + place under this period, notwithstanding the fact that it was not at all + an oration. The inaugural addresses of presidents Washington and Adams + were really orations, although written, depending for much of their effect + on the personal presence of him who delivered the address; that of + Jefferson was altogether a business document, sent to be read by the two + houses of Congress for their information, and without any of the adjuncts + of the orator. + </p> + <p> + It is impossible, nevertheless, to spare the inaugural address of the + first Democratic President, for it is pervaded by a personality which, if + quieter in its operation, was more potent in results than the most burning + eloquence could have been. The spirit of modern democracy, which has + become, for good or evil, the common characteristic of all American + parties and leaders, was here first put into living words. Triumphant in + national politics, this spirit now had but one field of struggle, the + politics of the States, and here its efforts were for years bent to the + abolition of every remnant of limitation on individual liberty. Outside of + New England, the change was accomplished as rapidly as the forms of law + could be put into the necessary direction; remnants of ecclesiastical + government, ecclesiastical taxes of even the mildest description, + restrictions on manhood suffrage, State electoral systems, were the + immediate victims of the new spirit, and the first term of Mr. Jefferson + saw most of the States under democratic governments. Inside of New + England, the change was stubbornly resisted, and, for a time, with + success. For about twenty years, the general rule was that New England and + Delaware were federalist, and the rest of the country was democratic. But + even in New England, a strong democratic minority was growing up, and + about 1820 the last barriers of federalism gave way; Connecticut, the + federalist "land of steady habits," accepted a new and democratic + constitution; Massachusetts modified hers; and the new and reliably + democratic State of Maine was brought into existence. The "era of good + feeling" signalized the extinction of the federal party and the universal + reign of democracy. The length of this period of contest is the strongest + testimony to the stubbornness of the New England fibre. Estimated by + States, the success of democracy was about as complete in 1803 as in 1817; + but it required fifteen years of persistent struggle to convince the + smallest section of the Union that it was hopelessly defeated. + </p> + <p> + The whole period was a succession of great events. The acquisition of + Louisiana, stretching from the Mississippi to the Rocky Mountains, laid, + in 1803, the foundations of that imperial domain which the steamboat and + railroad were to convert to use in after-years. The continental empire of + Napoleon and the island empire of Great Britain drifted into a struggle + for life or death which hardly knew a breathing space until the last + charge at Waterloo, and from the beginning it was conducted by both + combatants with a reckless disregard of international public opinion and + neutral rights which is hardly credible but for the official records. + Every injury inflicted on neutral commerce by one belligerent was promptly + imitated or exceeded by the other, and the two were perfectly in accord in + insisting on the convenient doctrine of international law, that, unless + neutral rights were enforced by the neutral against one belligerent, the + injury became open to the imitation of the other. In the process of + imitation, each belligerent took care to pass at least a little beyond the + precedent; and thus, beginning with a paper blockade of the northern coast + of the continent by the British Government, the process advanced, by + alternate "retaliations," to a British proclamation specifying the ports + of the world to which American vessels were to be allowed to trade, + stopping in England or its dependencies to pay taxes en route. These two + almost contemporary events, the acquisition of Louisiana and the insolent + pretensions of the European belligerents, were the central points of two + distinct influences which bore strongly on the development of the United + States. + </p> + <p> + The dominant party, the republicans, had a horror of a national debt which + almost amounted to a mania. The associations of the term, derived from + their reading of English history, all pointed to a condition of affairs in + which the rise of a strong aristocracy was inevitable; and, to avoid the + latter, they were determined to pay off the former. The payment for + Louisiana precluded, in their opinion, the support of a respectable navy; + and the remnants of colonialism in their party predisposed them to adopt + an ostrich policy instead. The Embargo act was passed in 1807, forbidding + all foreign commerce. The evident failure of this act to influence the + belligerents brought about its repeal in 1809, and the substitution of the + Non-intercourse act. This prohibited commercial intercourse with England + and France until either should revoke its injurious edicts. Napoleon, by + an empty and spurious revocation in 1810, induced Congress to withdraw the + act in respect to France, keeping it alive in respect to England. England + refused to admit the sincerity of the French revocation, to withdraw her + Orders in Council, or to cease impressing American seamen. The choice left + to the United States was between war and submission. + </p> + <p> + The federalist leaders saw that, while their party strength was confined + to a continually decreasing territory, the opposing democracy not only had + gained the mass of the original United States, but was swarming toward and + beyond the Mississippi. They dropped to the level of a mere party of + opposition; they went further until the only article of their political + creed was State sovereignty; some of them went one step further, and + dabbled in hopeless projects for secession and the formation of a New + England republic of five States. It is difficult to perceive any advantage + to public affairs in the closing years of the federal party, except that, + by impelling the democratic leaders to really national acts and + sympathies, it unwittingly aided in the development of nationality from + democracy. + </p> + <p> + If the essential characteristic of colonialism is the sense of dependence + and the desire to imitate, democracy, at least in its earlier phases, + begets the opposite qualities. The Congressional elections of 1810-11 + showed that the people had gone further in democracy than their leaders. + "Submission men" were generally defeated in the election; new leaders, + like Clay, Calhoun, and Crawford, made the dominant party a war party, and + forced the President into their policy; and the war of 1812 was begun. Its + early defeats on land, its startling successes at sea, its financial + straits, the desperation of the contest after the fall of Napoleon, and + the brilliant victory which crowned its close, all combined to raise the + national feeling to the highest pitch; and the federalists, whose stock + object of denunciation was "Mr. Madison's war," though Mr. Madison was + about the most unwilling participant in it, came out of it under the ban + of every national sympathy. + </p> + <p> + The speech of Mr. Quincy, in many points one of the most eloquent of our + political history, will show the brightest phase of federalism at its + lowest ebb. One can hardly compare it with that of Mr. Clay, which follows + it, without noticing the national character of the latter, as contrasted + with the lack of nationality of the former. It seems, also, that Mr. + Clay's speech carries, in its internal characteristics, sufficient + evidence of the natural forces which tended to make democracy a national + power, and not a mere adjunct of State sovereignty, wherever the oblique + influence of slavery was absent. For this reason, it has been taken as a + convenient introduction to the topic which follows, the Rise of + Nationality. + </p> + <p> + <a name="linkimage-0006" id="linkimage-0006"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/jefferson.jpg" alt="Thomas Jefferson " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0015" id="link2H_4_0015"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THOMAS JEFFERSON, + </h2> + <h3> + OF VIRGINIA, (BORN 1743, DIED 1826.) + </h3> + <p> + INAUGURAL ADDRESS OF THOMAS JEFFERSON, AS PRESIDENT OF THE UNITED STATES, + MARCH 4, 1801 FRIENDS AND FELLOW-CITIZENS: + </p> + <p> + Called upon to undertake the duties of the first executive office of our + country, I avail myself of the presence of that portion of my + fellow-citizens which is here assembled, to express my grateful thanks for + the favor with which they have been pleased to look toward me, to declare + a sincere consciousness, that the task is above my talents, and that I + approach it with those anxious and awful presentiments, which the + greatness of the charge, and the weakness of my powers, so justly inspire. + A rising nation, spread over a wide and fruitful land, traversing all the + seas with the rich productions of their industry, engaged in commerce with + nations who feel power and forget right, advancing rapidly to destinies + beyond the reach of mortal eye; when I contemplate these transcendent + objects, and see the honor, the happiness, and the hopes of this beloved + country committed to the issue and the auspices of this day, I shrink from + the contemplation, and humble myself before the magnitude of the + undertaking. Utterly, indeed, should I despair, did not the presence of + many, whom I see here, remind me, that, in the other high authorities + provided by our Constitution, I shall find resources of wisdom, of virtue, + and of zeal, on which to rely under all difficulties. To you, then, + gentlemen, who are charged with the sovereign functions of legislation, + and to those associated with you, I look with encouragement for that + guidance and support which may enable us to steer with safety the vessel + in which we are all embarked, amidst the conflicting elements of a + troubled world. + </p> + <p> + During the contest of opinion through which we have passed, the animation + of discussions and of exertions has sometimes worn an aspect which might + impose on strangers unused to think freely, and to speak and to write what + they think; but this being now decided by the voice of the nation, + announced according to the rules of the Constitution, all will of course + arrange themselves under the will of the law, and unite in common efforts + for the common good. All too will bear in mind this sacred principle, that + though the will of the majority is in all cases to prevail, that will, to + be rightful, must be reasonable; that the minority possess their equal + rights, which equal laws must protect, and to violate which would be + oppression. Let us then, fellow-citizens, unite with one heart and one + mind, let us restore to social intercourse that harmony and affection + without which liberty and even life itself are but dreary things. And let + us reflect, that having banished from our land that religious intolerance + under which mankind so long bled and suffered, we have yet gained little, + if we countenance a political intolerance, as despotic, as wicked, and as + capable of as bitter and bloody persecutions. During the throes and + convulsions of the ancient world, during the agonizing spasms of + infuriated man, seeking through blood and slaughter his long-lost liberty, + it was not wonderful that the agitation of the billows should reach even + this distant and peaceful shore; that this should be more felt and feared + by some, and less by others, and should divide opinions as to measures of + safety; but every difference of opinion is not a difference of principle. + We have called by different names brethren of the same principle. We are + all Republicans; we are all Federalists. If there be any among us who wish + to dissolve this Union, or to change its republican form, let them stand + undisturbed as monuments of the safety with which error of opinion may be + tolerated, where reason is left free to combat it. I know, indeed, that + some honest men fear that a republican government cannot be strong; that + this government is not strong enough. But would the honest patriot, in the + full tide of successful experiment, abandon a government which has so far + kept us free and firm, on the theoretic and visionary fear, that this + government, the world's best hope, may, by possibility, want energy to + preserve itself? I trust not. I believe this, on the contrary, the + strongest government on earth. I believe it the only one where every man, + at the call of the law, would fly to the standard of the law, and would + meet invasions of the public order as his own personal concern. Sometimes + it is said, that man cannot be trusted with the government of himself. Can + he then be trusted with the government of others? Or, have we found angels + in the form of kings, to govern him? Let history answer this question. + </p> + <p> + Let us then, with courage and confidence, pursue our own federal and + republican principles; our attachment to union and representative + government. Kindly separated by nature and a wide ocean from the + exterminating havoc of one quarter of the globe; too high-minded to endure + the degradation of the others, possessing a chosen country, with room + enough for our descendants to the thousandth and thousandth generation, + entertaining a due sense of our equal right to the use of our own + faculties, to the acquisition of our own industry, to honor and confidence + from our fellow-citizens, resulting not from birth, but from our actions + and their sense of them, enlightened by a benign religion, professed + indeed and practised in various forms, yet all of them inculcating + honesty, truth, temperance, gratitude, and the love of man, acknowledging + and adoring an overruling Providence, which, by all its dispensations, + proves that it delights in the happiness of man here, and his greater + happiness hereafter; with all these blessings, what more is necessary to + make us a happy and prosperous people? Still one thing more, + fellow-citizens, a wise and frugal government, which shall restrain men + from injuring one another, shall leave them otherwise free to regulate + their own pursuits of industry and improvement, and shall not take from + the mouth of labor the bread it has earned. This is the sum of good + government; and this is necessary to close the circle of our felicities. + </p> + <p> + About to enter, fellow-citizens, upon the exercise of duties which + comprehend every thing dear and valuable to you, it is proper you should + understand what I deem the essential principles of our government, and + consequently, those which ought to shape its administration. I will + compress them within the narrowest compass they will bear, stating the + general principle, but not all its limitations. Equal and exact justice to + all men, of whatever state or persuasion, religious or political; peace, + commerce, and honest friendship with all nations, entangling alliances + with none; the support of the State governments in all their rights, as + the most competent administrations for our domestic concerns, and the + surest bulwarks against anti-republican tendencies; the preservation of + the general government in its whole constitutional vigor, as the + sheet-anchor of our peace at home and safety abroad; a jealous care of the + right of election by the people, a mild and safe corrective of abuses + which are lopped by the sword of revolution where peaceable remedies are + unprovided; absolute acquiescence in the decisions of the majority, the + vital principle of republics, from which there is no appeal but to force, + the vital principle and immediate parent of despotism; a well-disciplined + militia, our best reliance in peace, and for the first moments of war, + till regulars may relieve them; the supremacy of the civil over the + military authority; economy in the public expense, that labor may be + lightly burdened; the honest payment of our debts, and sacred preservation + of the public faith; encouragement of agriculture, and of commerce as its + handmaid; the diffusion of information, and arraignment of all abuses at + the bar of the public reason; freedom of religion, freedom of the press, + and freedom of person, under the protection of the <i>habeas corpus</i>, + and trial by juries impartially selected. These principles form the bright + constellation, which has gone before us, and guided our steps through an + age of revolution and reformation. The wisdom of our sages, and blood of + our heroes, have been devoted to their attainment; they should be the + creed of our political faith, the text of civic instruction, the + touchstone by which to try the services of those we trust; and should we + wander from them in moments of error or of alarm, let us hasten to retrace + our steps, and to regain the road which alone leads to peace, liberty, and + safety. + </p> + <p> + I repair, then, fellow-citizens, to the post you have assigned me. With + experience enough in subordinate offices to have seen the difficulties of + this, the greatest of all, I have learned to expect that it will rarely + fall to the lot of imperfect man, to retire from this station with the + reputation and the favor which bring him into it. Without pretensions to + that high confidence you reposed in our first and greatest revolutionary + character, whose pre-eminent services had entitled him to the first place + in his country's love, and destined for him the fairest page in the volume + of faithful history, I ask so much confidence only as may give firmness + and effect to the legal administration of your affairs. I shall often go + wrong through defect of judgment. When right, I shall often be thought + wrong by those whose positions will not command a view of the whole + ground. I ask your indulgence for my own errors, which will never be + intentional; and your support against the errors of others, who may + condemn what they would not, if seen in all its parts. The approbation + implied by your suffrage, is a great consolation to me for the past; and + my future solicitude will be, to retain the good opinion of those who have + bestowed it in advance, to conciliate that of others, by doing them all + the good in my power, and to be instrumental to the happiness and freedom + of all. + </p> + <p> + Relying then on the patronage of your good-will, I advance with obedience + to the work, ready to retire from it whenever you become sensible how much + better choices it is in your power to make. And may that infinite Power + which rules the destinies of the universe, lead our councils to what is + best, and give them a favorable issue for your peace and prosperity. + </p> + <p> + <a name="linkimage-0007" id="linkimage-0007"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/randolph.jpg" alt="John Randolph " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JOHN RANDOLPH, + </h2> + <h3> + OF VIRGINIA' (BORN 1773, DIED 1833.) + </h3> + <p> + ON THE MILITIA BILL—HOUSE OF REPRESENTATIVES, DEC. 10, 1811. MR. + SPEAKER: + </p> + <p> + This is a question, as it has been presented to this House, of peace or + war. In that light it has been argued; in no other light can I consider + it, after the declarations made by members of the Committee of Foreign + Relations. + </p> + <p> + The Committee of Foreign Relations have, indeed, decided that the subject + of arming the militia (which has been pressed upon them as indispensable + to the public security) does not come within the scope of their authority. + On what ground, I have been, and still am, unable to see, they have felt + themselves authorized to recommend the raising of standing armies, with a + view (as has been declared) of immediate war—a war not of defence, + but of conquest, of aggrandizement, of ambition—a war foreign to the + interests of this country; to the interests of humanity itself. * * * + </p> + <p> + I cannot refrain from smiling at the liberality of the gentleman in giving + Canada to New York in order to strengthen the northern balance of power; + while, at the same time, he forewarns her that the western scale must + preponderate. I can almost fancy that I see the Capitol in motion toward + the falls of Ohio; after a short sojourn, taking its flight to the + Mississippi, and finally alighting at Darien; which, when the gentleman's + dreams are realized, will be a most eligible seat of government for the + new republic (or empire) of the two Americas! But it seems that in 1808 we + talked and acted foolishly, and to give some color of consistency to that + folly we must now commit a greater. + </p> + <p> + I hope we shall act a wise part; take warning by our follies since we have + become sensible of them, and resolve to talk and act foolishly no more. It + is, indeed, high time to give over such preposterous language and + proceedings. This war of conquest, a war for the acquisition of territory + and subjects, is to be a new commentary on the doctrine that republicans + are destitute of ambition; that they are addicted to peace, wedded to the + happiness and safety of the great body of their people. But it seems this + is to be a holiday campaign; there is to be no expense of blood, or of + treasure on our part; Canada is to conquer herself; she is to be subdued + by the principles of fraternity! The people of that country are first to + be seduced from their allegiance and converted into traitors, as + preparatory to making them good citizens! Although I must acknowledge that + some of our flaming patriots were thus manufactured, I do not think the + process would hold good with a whole community. It is a dangerous + experiment. We are to succeed in the French mode, by the system of + fraternization—all is French. But how dreadfully it might be + retorted on the southern and western slave-holding States. I detest this + subornation of treason. No; if we must have them, let them fall by the + valor of our arms; by fair, legitimate conquest; not become the victims of + treacherous seduction. + </p> + <p> + I am not surprised at the war spirit which is manifesting itself in + gentlemen from the South. In the year 1805-6, in a struggle for the + carrying trade of belligerent colonial produce, this country was most + unwisely brought into collision with the great powers of Europe. By a + series of most impolitic and ruinous measures, utterly incomprehensible to + every rational, sober-minded man, the Southern planters, by their own + votes, have succeeded in knocking down the price of cotton to seven cents, + and of tobacco (a few choice crops excepted) to nothing; and in raising + the price of blankets (of which a few would not be amiss in a Canadian + campaign), coarse woollens, and every article of first necessity, three or + four hundred per centum. And now, that by our own acts, we have brought + ourselves into this unprecedented condition, we must get out of it in any + way, but by an acknowledgment of our own want of wisdom and forecast. But + is war the true remedy? Who will profit by it? Speculators; a few lucky + merchants, who draw prizes in the lottery; commissaries and contractors. + Who must suffer by it? The people. It is their blood, their taxes that + must flow to support it. + </p> + <p> + I am gratified to find gentlemen acknowledging the demoralizing and + destructive consequences of the non-importation law; confessing the truth + of all that its opponents foretold, when it was enacted. And will you + plunge yourselves in war, because you have passed a foolish and ruinous + law, and are ashamed to repeal it? But our good friend, the French + emperor, stands in the way of its repeal, and we cannot go too far in + making sacrifices to him, who has given such demonstration of his love for + the Americans; we must, in point of fact, become parties to his war. Who + can be so cruel as to refuse him that favor? My imagination shrinks from + the miseries of such a connection. I call upon the House to reflect, + whether they are not about to abandon all reclamation for the unparalleled + outrages, "insults, and injuries" of the French government; to give up our + claim for plundered millions; and I ask what reparation or atonement they + can expect to obtain in hours of future dalliance, after they shall have + made a tender of their person to this great deflowerer of the virginity of + republics. We have, by our own wise (I will not say wiseacre) measures, so + increased the trade and wealth of Montreal and Quebec, that at last we + begin to cast a wistful eye at Canada. Having done so much toward its + improvement, by the exercise of "our restrictive energies," we begin to + think the laborer worthy of his hire, and to put in a claim for our + portion. Suppose it ours, are we any nearer to our point? As his minister + said to the king of Epirus, "May we not as well take our bottle of wine + before as after this exploit?" Go march to Canada! leave the broad bosom + of the Chesapeake and her hundred tributary rivers; the whole line of + sea-coast from Machias to St. Mary's, unprotected! You have taken Quebec—have + you conquered England? Will you seek for the deep foundations of her power + in the frozen deserts of Labrador? + </p> + <p> + "Her march is on the mountain wave, Her home is on the deep!" + </p> + <p> + Will you call upon her to leave your ports and harbors untouched only just + till you can return from Canada, to defend them? The coast is to be left + defenceless, while men of the interior are revelling in conquest and + spoil. * * * + </p> + <p> + No sooner was the report laid on the table, than the vultures were + flocking around their prey—the carcass of a great military + establishment. Men of tainted reputation, of broken fortune (if they ever + had any), and of battered constitutions, "choice spirits tired of the dull + pursuits of civil life," were seeking after agencies and commissions, + willing to doze in gross stupidity over the public fire; to light the + public candle at both ends. Honorable men undoubtedly there are ready to + serve their country; but what man of spirit, or of self-respect, will + accept a commission in the present army? The gentleman from Tennessee (Mr. + Grundy) addressed himself yesterday exclusively to the "Republicans of the + House." I know not whether I may consider myself as entitled to any part + of the benefit of the honorable gentleman's discourse. It belongs not, + however, to that gentleman to decide. If we must have an exposition of the + doctrines of republicanism, I shall receive it from the fathers of the + church, and not from the junior apprentices of the law. I shall appeal to + my worthy friends from Carolina (Messrs. Macon and Stanford), "men with + whom I have measured my strength," by whose side I have fought during the + reign of terror; for it was indeed an hour of corruption, of oppression, + of pollution. It was not at all to my taste—that sort of + republicanism which was supported, on this side of the Atlantic, by the + father of the sedition law, John Adams, and by Peter Porcupine on the + other. Republicanism! of John Adams and William Cobbett! * * * + </p> + <p> + Gallant crusaders in the holy cause of republicanism. Such republicanism + does, indeed, mean any thing or nothing. Our people will not submit to be + taxed for this war of conquest and dominion. The government of the United + States was not calculated to wage offensive foreign war; it was instituted + for the common defence and the general welfare; and whosoever should + embark it in a war of offence, would put it to a test which it is by no + means calculated to endure. Make it out that Great Britain has instigated + the Indians on a late occasion, and I am ready for battle, but not for + dominion. I am unwilling, however, under present circumstances, to take + Canada, at the risk of the Constitution, to embark in a common cause with + France, and be dragged at the wheels of the car of some Burr or Bonaparte. + For a gentleman from Tennessee, or Genesee, or Lake Champlain, there may + be some prospect of advantage. Their hemp would bear a great price by the + exclusion of foreign supply. In that, too, the great importers are deeply + interested. The upper country of the Hudson and the lakes would be + enriched by the supplies for the troops, which they alone could furnish. + They would have the exclusive market; to say nothing of the increased + preponderance from the acquisition of Canada and that section of the + Union, which the Southern and Western States have already felt so severely + in the Apportionment bill. * * * + </p> + <p> + Permit me now, sir, to call your attention to the subject of our black + population. I will touch this subject as tenderly as possible. It is with + reluctance that I touch it at all; but in cases of great emergency, the + State physician must not be deterred by a sickly, hysterical humanity, + from probing the wound of his patient; he must not be withheld by a + fastidious and mistaken delicacy from representing his true situation to + his friends, or even to the sick man himself, when the occasion calls for + it. What is the situation of the slave-holding States? During the war of + the Revolution, so fixed were their habits of subordination, that while + the whole country was overrun by the enemy, who invited them to desert, no + fear was ever entertained of an insurrection of the slaves. During a war + of seven years, with our country in possession of the enemy, no such + danger was ever apprehended. But should we, therefore, be unobservant + spectators of the progress of society within the last twenty years; of the + silent but powerful change wrought, by time and chance, upon its + composition and temper? When the fountains of the great deep of + abomination were broken up, even the poor slaves did not escape the + general deluge. The French Revolution has polluted even them. * * * + </p> + <p> + Men, dead to the operation of moral causes, have taken away from the poor + slave his habit of loyalty and obedience to his master, which lightened + his servitude by a double operation; beguiling his own cares and disarming + his master's suspicions and severity; and now, like true empirics in + politics, you are called upon to trust to the mere physical strength of + the fetter which holds him in bondage. You have deprived him of all moral + restraint; you have tempted him to eat of the fruit of the tree of + knowledge, just enough to perfect him in wickedness; you have opened his + eyes to his nakedness; you have armed his nature against the hand that has + fed, that has clothed him, that has cherished him in sickness; that hand + which before he became a pupil of your school, he had been accustomed to + press with respectful affection. You have done all this—and then + show him the gibbet and the wheel, as incentives to a sullen, repugnant + obedience. God forbid, sir, that the Southern States should ever see an + enemy on their shores, with these infernal principles of French fraternity + in the van. While talking of taking Canada, some of us are shuddering for + our own safety at home. I speak from facts, when I say, that the + night-bell never tolls for fire in Richmond, that the mother does not hug + her infant more closely to her bosom. I have been a witness of some of the + alarms in the capital of Virginia. * * * + </p> + <p> + Against whom are these charges brought? Against men, who in the war of the + Revolution were in the councils of the nation, or fighting the battles of + your country. And by whom are they made? By runaways chiefly from the + British dominions, since the breaking out of the French troubles. It is + insufferable. It cannot be borne. It must and ought, with severity, to be + put down in this House; and out of it to meet the lie direct. We have no + fellow-feeling for the suffering and oppressed Spaniards! Yet even them we + do not reprobate. Strange! that we should have no objection to any other + people or government, civilized or savage, in the whole world! The great + autocrat of all the Russias receives the homage of our high consideration. + The Dey of Algiers and his divan of pirates are very civil, good sort of + people, with whom we find no difficulty in maintaining the relations of + peace and amity. "Turks, Jews, and infidels"; Melimelli or the Little + Turtle; barbarians and savages of every clime and color, are welcome to + our arms. With chiefs of banditti, negro or mulatto, we can treat and + trade. Name, however, but England, and all our antipathies are up in arms + against her. Against whom? Against those whose blood runs in our veins; in + common with whom, we claim Shakespeare, and Newton, and Chatham, for our + countrymen; whose form of government is the freest on earth, our own only + excepted; from whom every valuable principle of our own institutions has + been borrowed: representation, jury trial, voting the supplies, writ of + habeas corpus, our whole civil and criminal jurisprudence; against our + fellow Protestants, identified in blood, in language, in religion, with + ourselves. In what school did the worthies of our land, the Washingtons, + Henrys, Hancocks, Franklins, Rutledges of America, learn those principles + of civil liberty which were so nobly asserted by their wisdom and valor? + American resistance to British usurpation has not been more warmly + cherished by these great men and their compatriots; not more by + Washington, Hancock, and Henry, than by Chatham and his illustrious + associates in the British Parliament. It ought to be remembered, too, that + the heart of the English people was with us. It was a selfish and corrupt + ministry, and their servile tools, to whom we were not more opposed than + they were. I trust that none such may ever exist among us; for tools will + never be wanting to subserve the purposes, however ruinous or wicked, of + kings and ministers of state. I acknowledge the influence of a Shakespeare + and a Milton upon my imagination, of a Locke upon my understanding, of a + Sidney upon my political principles, of a Chatham upon qualities which, + would to God I possessed in common with that illustrious man! of a + Tillotson, a Sherlock, and a Porteus upon my religion. This is a British + influence which I can never shake off. I allow much to the just and honest + prejudices growing out of the Revolution. But by whom have they been + suppressed, when they ran counter to the interests of my country? By + Washington. By whom, would you listen to them, are they most keenly felt? + By felons escaped from the jails of Paris, Newgate, and Kilmainham, since + the breaking out of the French Revolution; who, in this abused and + insulted country, have set up for political teachers, and whose disciples + give no other proof of their progress in republicanism, except a blind + devotion to the most ruthless military despotism that the world ever saw. + These are the patriots, who scruple not to brand with the epithet of Tory, + the men (looking toward the seat of Col. Stewart) by whose blood your + liberties have been cemented. These are they, who hold in such keen + remembrance the outrages of the British armies, from which many of them + are deserters. Ask these self-styled patriots where they were during the + American war (for they are, for the most part, old enough to have borne + arms), and you strike them dumb; their lips are closed in eternal silence. + If it were allowable to entertain partialities, every consideration of + blood, language, religion, and interest, would incline us toward England: + and yet, shall they alone be extended to France and her ruler, whom we are + bound to believe a chastening God suffers as the scourge of a guilty + world! On all other nations he tramples; he holds them in contempt; + England alone he hates; he would, but he cannot, despise her; fear cannot + despise; and shall we disparage our ancestors? + </p> + <p> + But the outrages and injuries of England—bred up in the principles + of the Revolution—I can never palliate, much less defend them. I + well remember flying, with my mother and her new-born child, from Arnold + and Philips; and we were driven by Tarleton and other British Pandours + from pillar to post, while her husband was fighting the battles of his + country. The impression is indelible on my memory; and yet (like my worthy + old neighbor, who added seven buckshot to every cartridge at the battle of + Guilford, and drew fine sight at his man) I must be content to be called a + Tory by a patriot of the last importation. Let us not get rid of one evil + (supposing it possible) at the expense of a greater; <i>mutatis mutandis</i>, + suppose France in possession of the British naval power—and to her + the trident must pass should England be unable to wield it—what + would be your condition? What would be the situation of your seaports, and + their seafaring inhabitants? Ask Hamburg, Lubec! Ask Savannah! * * * + </p> + <p> + Shall republicans become the instruments of him who has effaced the title + of Attila to the "scourge of God!" Yet, even Attila, in the falling + fortunes of civilization, had, no doubt, his advocates, his tools, his + minions, his parasites, in the very countries that he overran; sons of + that soil whereon his horse had trod; where grass could never after grow. + If perfectly fresh, instead of being as I am, my memory clouded, my + intellect stupefied, my strength and spirits exhausted, I could not give + utterance to that strong detestation which I feel toward (above all other + works of the creation) such characters as Gengis, Tamerlane, Kouli-Khan, + or Bonaparte. My instincts involuntarily revolt at their bare idea. + Malefactors of the human race, who have ground down man to a mere machine + of their impious and bloody ambition! Yet under all the accumulated + wrongs, and insults, and robberies of the last of these chieftains, are we + not, in point of fact, about to become a party to his views, a partner in + his wars? * * * + </p> + <p> + I call upon those professing to be republicans to make good the promises, + held out by their republican predecessors, when they came into power; + promises which, for years afterward, they honestly, faithfully fulfilled. + We have vaunted of paying off the national debt, of retrenching useless + establishments; and yet have now become as infatuated with standing + armies, loans, taxes, navies, and war as ever were the Essex Junto! + </p> + <p> + <a name="link2H_4_0017" id="link2H_4_0017"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ADMISSION OF LOUISIANA. + </h2> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JOSIAH QUINCY, + </h2> + <h3> + OF MASSACHUSETTS. (BORN 1772, DIED 1864.) + </h3> + <p> + ON THE ADMISSION OF LOUISIANA—HOUSE OF REPRESENTATIVES, JAN. 14, + 1811. MR. SPEAKER: + </p> + <p> + I address you, sir, with anxiety and distress of mind, with me, wholly + unprecedented. The friends of this bill seem to consider it as the + exercise of a common power; as an ordinary affair; a mere municipal + regulation, which they expect to see pass without other questions than + those concerning details. But, sir, the principle of this bill materially + affects the liberties and rights of the whole people of the United States. + To me it appears that it would justify a revolution in this country; and + that, in no great length of time it may produce it. When I see the zeal + and perseverance with which this bill has been urged along its + parliamentary path, when I know the local interests and associated + projects which combine to promote its success, all opposition to it seems + manifestly unavailing. I am almost tempted to leave, without a struggle, + my country to its fate. But, sir, while there is life, there is hope. So + long as the fatal shaft has not yet sped, if Heaven so will, the bow may + be broken and the vigor of the mischief-meditating arm withered. If there + be a man in this House or nation, who cherishes the Constitution, under + which we are assembled, as the chief stay of his hope, as the light which + is destined to gladden his own day, and to soften even the gloom of the + grave, by the prospects it sheds over his children, I fall not behind him + in such sentiments. I will yield to no man in attachment to this + Constitution, in veneration for the sages who laid its foundations, in + devotion to those principles which form its cement and constitute its + proportions. What then must be my feelings; what ought to be the feelings + of a man, cherishing such sentiments, when he sees an act contemplated + which lays ruin at the foot of all these hopes? When he sees a principle + of action about to be usurped, before the operation of which the bands of + this Constitution are no more than flax before the fire, or stubble before + the whirlwind? When this bill passes, such an act is done; and such a + principle is usurped. + </p> + <p> + Mr. Speaker, there is a great rule of human conduct, which he who honestly + observes, cannot err widely from the path of his sought duty. It is, to be + very scrupulous concerning the principles you select as the test of your + rights and obligations; to be very faithful in noticing the result of + their application; and to be very fearless in tracing and exposing their + immediate effects and distant consequences. Under the sanction of this + rule of conduct, I am compelled to declare it as my deliberate opinion, + that, if this bill passes, the bonds of this union are, virtually, + dissolved; that the States which compose it are free from their moral + obligations, and that as it will be the right of all, so it will be the + duty of some, to prepare, definitely, for a separation: amicably, if they + can; <i>violently, if they must</i>. + </p> + <p> + (Mr. Quincy was here called to order by Mr. Poindexter, delegate from the + Mississippi territory, for the words in italics. After it was decided, + upon an appeal to the House, that Mr. Quincy was in order, he proceeded.) + </p> + <p> + I rejoice, Mr. Speaker, at the result of this appeal. Not from any + personal consideration, but from the respect paid to the essential rights + of the people, in one of their representatives. When I spoke of the + separation of the States, as resulting from the violation of the + Constitution contemplated in this bill, I spoke of it as a necessity, + deeply to be deprecated; but as resulting from causes so certain and + obvious as to be absolutely inevitable, when the effect of the principle + is practically experienced. It is to preserve, to guard the Constitution + of my country, that I denounce this attempt. I would rouse the attention + of gentlemen from the apathy with which they seem beset. These + observations are not made in a corner; there is no low intrigue; no secret + machination. I am on the people's own ground; to them I appeal concerning + their own rights, their own liberties, their own intent, in adopting this + Constitution. The voice I have uttered, at which gentlemen startle with + such agitation, is no unfriendly voice. I intended it as a voice of + warning. By this people, and by the event, if this bill passes, I am + willing to be judged, whether it be not a voice of wisdom. + </p> + <p> + The bill which is now proposed to be passed has this assumed principle for + its basis; that the three branches of this national government, without + recurrence to conventions of the people in the States, or to the + Legislatures of the States, are authorized to admit new partners to a + share of the political power, in countries out of the original limits of + the United States. Now, this assumed principle, I maintain to be + altogether without any sanction in the Constitution. I declare it to be a + manifest and atrocious usurpation of power; of a nature, dissolving, + according to undeniable principles of moral law, the obligations of our + national compact; and leading to all the awful con-sequences which flow + from such a state of things. Concerning this assumed principle, which is + the basis of this bill, this is the general position, on which I rest my + argument; that if the authority, now proposed to be exercised, be + delegated to the three branches of the government by virtue of the + Constitution, it results either from its general nature, or from its + particular provisions. I shall consider distinctly both these sources, in + relation to this pretended power. + </p> + <p> + Touching the general nature of the instrument called the Constitution of + the United States there is no obscurity; it has no fabled descent, like + the palladium of ancient Troy, from the heavens. Its origin is not + confused by the mists of time, or hidden by the darkness of passed, + unexplored ages; it is the fabric of our day. Some now living, had a share + in its construction; all of us stood by, and saw the rising of the + edifice. There can be no doubt about its nature. It is a political + compact. By whom? And about what? The preamble to the instrument will + answer these questions. + </p> + <p> + "We, the people of the United States, in order to form a more perfect + union, establish justice, insure domestic tranquillity, provide for the + common defence, promote the general welfare, and secure the blessings of + liberty to ourselves and our posterity, do ordain and establish this + Constitution, for the United States of America." + </p> + <p> + It is, we the people of the United States, for ourselves and our + posterity; not for the people of Louisiana; nor for the people of New + Orleans or of Canada. None of these enter into the scope of the + instrument; it embraces only "the United States of America." Who these + are, it may seem strange in this place to inquire. But truly, sir, our + imaginations have, of late, been so accustomed to wander after new + settlements to the very ends of the earth, that it will not be time ill + spent to inquire what this phrase means, and what it includes. These are + not terms adopted at hazard; they have reference to a state of things + existing anterior to the Constitution. When the people of the present + United States began to contemplate a severance from their parent State, it + was a long time before they fixed definitely the name by which they would + be designated. In 1774, they called themselves "the Colonies and Provinces + of North America." In 1775, "the Representatives of the United Colonies of + North America." In the Declaration of Independence, "the Representatives + of the United States of America." And finally, in the articles of + confederation, the style of the confederacy is declared to be "the United + States of America." It was with reference to the old articles of + confederation, and to preserve the identity and established individuality + of their character, that the preamble to this Constitution, not content, + simply, with declaring that it is "we the people of the United States," + who enter into this compact, adds that it is for "the United States of + America." Concerning the territory contemplated by the people of the + United States, in these general terms, there can be no dispute; it is + settled by the treaty of peace, and included within the Atlantic Ocean, + the St. Croix, the lakes, and more precisely, so far as relates to the + frontier, having relation to the present argument, within "a line to be + drawn through the middle of the river Mississippi, until it intersect the + northernmost part of the thirty-first degree of north latitude, thence + within a line drawn due east on this degree of latitude to the river + Apalachicola, thence along the middle of this river to its junction with + the Flint River, thence straight to the head of the St. Mary's River, and + thence down the St. Mary's to the Atlantic Ocean." + </p> + <p> + I have been thus particular to draw the minds of gentlemen, distinctly, to + the meaning of the terms used in the preamble; to the extent which "the + United States" then included; and to the fact, that neither New Orleans, + nor Louisiana, was within the comprehension of the terms of this + instrument. It is sufficient for the present branch of my argument to say, + that there is nothing, in the general nature of this compact, from which + the power, contemplated to be exercised in this bill, results. On the + contrary, as the introduction of a new associate in political power + implies, necessarily, a new division of power, and consequent diminution + of the relative proportion of the former proprietors of it, there can, + certainly, be nothing more obvious, than that from the general nature of + the instrument no power can result to diminish and give away, to + strangers, any proportion of the rights of the original partners. If such + a power exist, it must be found, then, in the particular provisions in the + Constitution. The question now arising is, in which of these provisions is + given the power to admit new States, to be created in territories beyond + the limits of the old United States. If it exist anywhere, it is either in + the third section of the fourth article of the Constitution, or in the + treaty-making power. If it result from neither of these, it is not + pretended to be found anywhere else. + </p> + <p> + That part of the third section of the fourth article, on which the + advocates of this bill rely, is the following: "New States may be admitted + by the Congress, into this Union; but no new State shall be formed or + erected within the jurisdiction of any other State, nor any State be + formed by the junction of two or more States, or parts of States, without + the consent of the Legislatures of the States concerned, as well as of the + Congress." + </p> + <p> + I know, Mr. Speaker, that the first clause of this paragraph has been + read, with all the superciliousness of a grammarian's triumph—"New + States may be admitted by the Congress into this Union,"—accompanied + with this most consequential inquiry: "Is not this a new State to be + admitted? And is there not here an express authority?" I have no doubt + this is a full and satisfactory argument to every one who is content with + the mere colors and superficies of things. And if we were now at the bar + of some stall-fed justice, the inquiry would insure the victory to the + maker of it, to the manifest delight of the constables and suitors of his + court. But, sir, we are now before the tribunal of the whole American + people; reasoning concerning their liberties, their rights, their + Constitution. These are not to be made the victims of the inevitable + obscurity of general terms; nor the sport of verbal criticism. The + question is concerning the intent of the American people, the proprietors + of the old United States, when they agreed to this article. Dictionaries + and spelling-books are here of no authority. Neither Johnson, nor Walker, + nor Webster, nor Dilworth, has any voice in this matter. Sir, the question + concerns the proportion of power reserved, by this Constitution, to every + State in this Union. Have the three branches of this government a right, + at will, to weaken and out-weigh the influence, respectively secured to + each State in this compact, by introducing, at pleasure, new partners, + situate beyond the old limits of the United States? The question has not + relation merely to New Orleans. The great objection is to the principle of + the bill. If this principle be admitted, the whole space of Louisiana, + greater, it is said, than the entire extent of the old United States, will + be a mighty theatre, in which this government assumes the right of + exercising this unparalleled power. And it will be; there is no + concealment, it is intended to be exercised. Nor will it stop until the + very name and nature of the old partners be overwhelmed by new-corners + into the confederacy. Sir, the question goes to the very root of the power + and influence of the present members of this Union. The real intent of + this article, is, therefore, an injury of most serious import; and is to + be settled only by a recurrence to the known history and known relations + of this people and their Constitution. These, I maintain, support this + position, that the terms "new States," in this article, do not intend new + political sovereignties, with territorial annexations, to be created + without the original limits of the United States. * * * + </p> + <p> + But there is an argument stronger even than all those which have been + produced, to be drawn from the nature of the power here proposed to be + exercised. Is it possible that such a power, if it had been intended to be + given by the people, should be left dependent upon the effect of general + expressions, and such, too, as were obviously applicable to another + subject, to a particular exigency contemplated at that time? Sir, what is + this power we propose now to usurp? Nothing less than a power changing all + the proportions of the weight and influence possessed by the potent + sovereignties composing this Union. A stranger is to be introduced to an + equal share without their consent. Upon a principle pretended to be + deduced from the Constitution, this government, after this bill passes, + may and will multiply foreign partners in power at its own mere motion; at + its irresponsible pleasure; in other words, as local interests, party + passions, or ambitious views may suggest. It is a power that from its + nature never could be delegated; never was delegated; and as it breaks + down all the proportions of power guaranteed by the Constitution to the + States, upon which their essential security depends, utterly annihilates + the moral force of this political conduct. Would this people, so wisely + vigilant concerning their rights, have transferred to Congress a power to + balance, at its will, the political weight of any one State, much more of + all the States, by authorizing it to create new States, at its pleasure, + in foreign countries, not pretended to be within the scope of the + Constitution, or the conception of the people at the time of passing it? + This is not so much a question concerning the exercise of sovereignty, as + it is who shall be sovereign—whether the proprietors of the good old + United States shall manage their own affairs in their own way; or whether + they, and their Constitution, and their political rights, shall be + trampled under foot by foreigners, introduced through a breach of the + Constitution. The proportion of the political weight of each sovereign + State constituting this Union depends upon the number of the States which + have voice under the compact. This number the Constitution permits us to + multiply at pleasure within the limits of the original United States, + observing only the expressed limitations in the Constitution. But when, in + order to increase your power of augmenting this number, you pass the old + limits, you are guilty of a violation of the Constitution in a fundamental + point; and in one, also, which is totally inconsistent with the intent of + the contract and the safety of the States which established the + association. What is the practical difference to the old partners whether + they hold their liberties at the will of a master, or whether by admitting + exterior States on an equal footing with the original States, arbiters are + constituted, who, by availing themselves of the contrariety of interests + and views, which in such a confederacy necessarily will arise, hold the + balance among the parties which exist and govern us by throwing themselves + into the scale most comformable to their purpose? In both cases there is + an effective despotism. But the last is the more galling, as we carry the + chain in the name and gait of freemen. + </p> + <p> + I have thus shown, and whether fairly, I am willing to be judged by the + sound discretion of the American people, that the power proposed to be + usurped in this bill, results neither from the general nature nor the + particular provisions of the Federal Constitution; and that it is a + palpable violation of it in a fundamental point; whence flow all the + consequences I have indicated. + </p> + <p> + "But," says the gentleman from Tennessee (Mr. Rhea), "these people have + been seven years citizens of the United States." I deny it, sir. As + citizens of New Orleans, or of Louisiana, they never have been, and by the + mode proposed they never will be, citizens of the United States. They may + girt upon us for a moment, but no real cement can grow from such an + association. What the real situation of the inhabitants of those foreign + countries is, I shall have occasion to show presently. "But," says the + same gentleman: "if I have a farm, have not I a right to purchase another + farm, in my neighborhood, and settle my sons upon it, and in time admit + them to a share in the management of my household?" Doubtless, sir. But + are these cases parallel? Are the three branches of this government owners + of this farm, called the United States? I desire to thank heaven they are + not. I hold my life, liberty, and property, and the people of the State + from which I have the honor to be a representative hold theirs, by a + better tenure than any this National Government can give. Sir, I know your + virtue. And I thank the Great Giver of every good gift, that neither the + gentleman from Tennessee, nor his comrades, nor any, nor all the members + of this House, nor of the other branch of the Legislature, nor the good + gentleman who lives in the palace yonder, nor all combined, can touch + these my essential rights, and those of my friends and constituents, + except in a limited and prescribed form. No, sir. We hold these by the + laws, customs, and principles of the commonwealth of Massachusetts. Behind + her ample shield, we find refuge, and feel safety. I beg gentlemen not to + act upon the principle, that the commonwealth of Massachusetts is their + farm. + </p> + <p> + "But," the gentleman adds, "what shall we do, if we do not admit the + people of Louisiana into our Union? Our children are settling that + country." Sir, it is no concern of mine what he does. Because his children + have run wild and uncovered into the woods, is that a reason for him to + break into my house, or the houses of my friends, to filch our children's + clothes, in order to cover his children's nakedness. This Constitution + never was, and never can be, strained to lap over all the wilderness of + the West, without essentially affecting both the rights and convenience of + its real proprietors. It was never constructed to form a covering for the + inhabitants of the Missouri and Red River country. And whenever it is + attempted to be stretched over them, it will rend asunder. I have done + with this part of my argument. It rests upon this fundamental principle, + that the proportion of political power, subject only to internal + modifications, permitted by the Constitution, is an unalienable, + essential, intangible right. When it is touched, the fabric is + annihilated; for, on the preservation of these proportions, depend our + rights and liberties. + </p> + <p> + If we recur to the known relations existing among the States at the time + of the adoption of this Constitution, the same conclusions will result. + The various interests, habits, manners, prejudices, education, situation, + and views, which excited jealousies and anxieties in the breasts of some + of our most distinguished citizens, touching the result of the proposed + Constitution, were potent obstacles to its adoption. The immortal leader + of our Revolution, in his letter to the President of the old Congress, + written as president of the convention which formed this compact, thus + speaks on this subject: "It is at all times difficult to draw, with + precision, the line between those rights which must be surrendered, and + those which may be reserved; and on the present occasion this difficulty + was increased by a difference among the several States, as to their + situation, extent, habits, and particular interests." + </p> + <p> + The debates of that period will show that the effect of the slave votes + upon the political influence of this part of the country, and the + anticipated variation of the weight of power to the West, were subjects of + great and just jealousy to some of the best patriots in the Northern and + Eastern States. Suppose, then, that it had been distinctly foreseen that, + in addition to the effect of this weight, the whole population of a world + beyond the Mississippi was to be brought into this and the other branch of + the Legislature, to form our laws, control our rights, and decide our + destiny. Sir, can it be pretended that the patriots of that day would for + one moment have listened to it? They were not madmen. They had not taken + degrees at the hospital of idiocy. They knew the nature of man, and the + effect of his combinations in political societies. They knew that when the + weight of particular sections of a confederacy was greatly unequal, the + resulting power would be abused; that it was not in the nature of man to + exercise it with moderation. The very extravagance of the intended use is + a conclusive evidence against the possibility of the grant of such a power + as is here proposed. Why, sir, I have already heard of six States, and + some say there will be, at no great distance of time, more. I have also + heard that the mouth of the Ohio will be far to the east of the centre of + the contemplated empire. If the bill is passed, the principle is + recognized. All the rest are mere questions of expediency. It is + impossible such a power could be granted. It was not for these men that + our fathers fought. It was not for them this Constitution was adopted. You + have no authority to throw the rights and liberties and property of this + people into "hotch-pot" with the wild men on the Missouri, nor with the + mixed, though more respectable, race of Anglo-Hispano-Gallo-Americans, who + bask on the sands in the mouth of the Mississippi. I make no objection to + these from their want of moral qualities or political light. The + inhabitants of New Orleans are, I suppose, like those of all other + countries, some good, some bad, some indifferent.* * * + </p> + <p> + I will add only a few words, in relation to the moral and political + consequences of usurping this power. I have said that it would be a + virtual dissolution of the Union; and gentlemen express great sensibility + at the expression. But the true source of terror is not the declaration I + have made, but the deed you propose. Is there a moral principle of public + law better settled, or more conformable to the plainest suggestions of + reason, than that the violation of a contract by one of the parties may be + considered as exempting the other from its obligations? Suppose, in + private life, thirteen form a partnership, and ten of them undertake to + admit a new partner without the concurrence of the other three, would it + not be at their option to abandon the partnership, after so palpable an + infringement of their rights? How much more, in the political partnership, + where the admission of new associates, without previous authority, is so + pregnant with obvious dangers and evils! Again, it is settled as a + principle of morality, among writers on public law, that no person can be + obliged, beyond his intent at the time of contract. Now who believes, who + dare assert, that it was the intention of the people, when they adopted + this Constitution, to assign, eventually, to New Orleans and Louisiana, a + portion of their political power; and to invest all the people those + extensive regions might hereafter contain, with an authority over + themselves and their descendants? When you throw the weight of Louisiana + into the scale, you destroy the political equipoise contemplated at the + time of forming the contract. Can any man venture to affirm that the + people did intend such a comprehension as you now, by construction, give + it? Or can it be concealed that, beyond its fair and acknowledged intent, + such a compact has no moral force? If gentlemen are so alarmed at the bare + mention of the consequences, let them abandon a measure which, sooner or + later, will produce them. How long before the seeds of discontent will + ripen, no man can foretell. But it is the part of wisdom not to multiply + or scatter them. Do you suppose the people of the Northern and Atlantic + States will, or ought to, look on with patience and see Representatives + and Senators, from the Red River and Missouri, pouring themselves upon + this and the other floor, managing the concerns of a sea-board fifteen + hundred miles, at least, from their residence; and having a preponderancy + in councils, into which, constitutionally, they could never have been + admitted? I have no hesitation upon this point. They neither will see it, + nor ought to see it, with content. It is the part of a wise man to foresee + danger and to hide himself. This great usurpation, which creeps into this + House, under the plausible appearance of giving content to that important + point, New Orleans, starts up a gigantic power to control the nation. Upon + the actual condition of things, there is, there can be, no need of + concealment. It is apparent to the blindest vision. By the course of + nature, and conformable to the acknowledged principles of the + Constitution, the sceptre of power, in this country, is passing toward the + Northwest. Sir, there is to this no objection. The right belongs to that + quarter of the country. Enjoy it; it is yours. Use the powers granted as + you please. But take care, in your haste after effectual dominion, not to + overload the scale by heaping it with these new acquisitions. Grasp not + too eagerly at your purpose. In your speed after uncontrolled sway, + trample not down this Constitution. * * * + </p> + <p> + New States are intended to be formed beyond the Mississippi. There is no + limit to men's imaginations, on this subject, short of California and + Columbia River. When I said that the bill would justify a revolution and + would produce it, I spoke of its principle and its practical consequences. + To this principle and those consequences I would call the attention of + this House and nation. If it be about to introduce a condition of things + absolutely insupportable, it becomes wise and honest men to anticipate the + evil, and to warn and prepare the people against the event. I have no + hesitation on the subject. The extension of this principle to the States + contemplated beyond the Mississippi, cannot, will not, and ought not to be + borne. And the sooner the people contemplate the unavoidable result the + better; the more hope that the evils may be palliated or removed. + </p> + <p> + Mr. Speaker, what is this liberty of which so much is said? Is it to walk + about this earth, to breathe this air, to partake the common blessings of + God's providence? The beasts of the field and the birds of the air unite + with us in such privileges as these. But man boasts a purer and more + ethereal temperature. His mind grasps in its view the past and future, as + well as the present. We live not for ourselves alone. That which we call + liberty is that principle on which the essential security of our political + condition depends. It results from the limitations of our political + system, prescribed in the Constitution. These limitations, so long as they + are faithfully observed, maintain order, peace, and safety. When they are + violated, in essential particulars, all the concurrent spheres of + authority rush against each other; and disorder, derangement, and + convulsion are, sooner or later, the necessary consequences. + </p> + <p> + With respect to this love of our Union, concerning which so much + sensibility is expressed, I have no fears about analyzing its nature. + There is in it nothing of mystery. It depends upon the qualities of that + Union, and it results from its effects upon our and our country's + happiness. It is valued for "that sober certainty of waking bliss" which + it enables us to realize. It grows out of the affections, and has not, and + cannot be made to have, any thing universal in its nature. Sir, I confess + it: the first public love of my heart is the Commonwealth of + Massachusetts. There is my fireside; there are the tombs of my ancestors. + </p> +<pre xml:space="preserve"> + "Low lies that land, yet blest with fruitful stores, + Strong are her sons, though rocky are her shores; + And none, ah! none, so lovely to my sight, + Of all the lands which heaven o'erspreads with light." +</pre> + <p> + The love of this Union grows out of this attachment to my native soil, and + is rooted in it. I cherish it, because it affords the best external hope + of her peace, her prosperity, her independence. I oppose this bill from no + animosity to the people of New Orleans; but from the deep conviction that + it contains a principle incompatible with the liberties and safety of my + country. I have no concealment of my opinion. The bill, if it passes, is a + death-blow to the Constitution. It may, afterward, linger; but, lingering, + its fate will, at no very distant period, be consummated. + </p> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY CLAY + </h2> + <p> + —OF KENTUCKY. (BORN 1777, DIED 1852.) ON THE WAR OF 1812—HOUSE + OF REPRESENTATIVES, JAN. 8, 1813. + </p> + <p> + SIR, gentlemen appear to me to forget that they stand on American soil; + that they are not in the British House of Commons, but in the chamber of + the House of Representatives of the United States; that we have nothing to + do with the affairs of Europe, the partition of territory and sovereignty + there, except so far as these things affect the interests of our own + country. Gentlemen transform themselves into the Burkes, Chathams, and + Pitts of another country, and, forgetting, from honest zeal, the interests + of America, engage with European sensibility in the discussion of European + interests. If gentlemen ask me whether I do not view with regret and + horror the concentration of such vast power in the hands of Bonaparte, I + reply that I do. I regret to see the Emperor of China holding such immense + sway over the fortunes of millions of our species. I regret to see Great + Britain possessing so uncontrolled a command over all the waters of the + globe. If I had the ability to distribute among the nations of Europe + their several portions of power and of sovereignty, I would say that + Holland should be resuscitated and given the weight she enjoyed in the + days of her De Witts. I would confine France within her natural + boundaries, the Alps, Pyrenees, and the Rhine, and make her a secondary + naval power only. I would abridge the British maritime power, raise + Prussia and Austria to their original condition, and preserve the + integrity of the Empire of Russia. But these are speculations. I look at + the political transactions of Europe, with the single exception of their + possible bearing upon us, as I do at the history of other countries and + other times. I do not survey them with half the interest that I do the + movements in South America. Our political relation with them is much less + important than it is supposed to be. I have no fears of French or English + subjugation. If we are united we are too powerful for the mightiest nation + in Europe or all Europe combined. If we are separated and torn asunder, we + shall become an easy prey to the weakest of them. In the latter dreadful + contingency our country will not be worth preserving. + </p> + <p> + Next to the notice which the opposition has found itself called upon to + bestow upon the French Emperor, a distinguished citizen of Virginia, + formerly President of the United States, has never for a moment failed to + receive their kindest and most respectful attention. An honorable + gentleman from Massachusetts (Mr. Quincy), of whom I am sorry to say it + becomes necessary for me, in the course of my remarks, to take some + notice, has alluded to him in a remarkable manner. Neither his retirement + from public office, his eminent services, nor his advanced age, can exempt + this patriot from the coarse assaults of party malevolence. No, sir. In + 1801 he snatched from the rude hand of usurpation the violated + Constitution of his country, and that is his crime. He preserved that + instrument, in form, and substance, and spirit, a precious inheritance for + generations to come, and for this he can never be forgiven. How vain and + impotent is party rage, directed against such a man. He is not more + elevated by his lofty residence, upon the summit of his own favorite + mountain, than he is lifted, by the serenity of his mind, and the + consciousness of a well-spent life, above the malignant passions and + bitter feelings of the day. No! his own beloved Monticello is not less + moved by the storms that beat against its sides than is this illustrious + man by the howlings of the whole British pack, set loose from the Essex + kennel. When the gentleman to whom I have been compelled to allude shall + have mingled his dust with that of his abused ancestors, when he shall + have been consigned to oblivion, or, if he lives at all, shall live only + in the treasonable annals of a certain junto, the name of Jefferson will + be hailed with gratitude, his memory honored and cherished as the second + founder of the liberties of the people, and the period of his + administration will be looked back to as one of the happiest and brightest + epochs of American history; an oasis in the midst of a sandy desert. But I + beg the gentleman's pardon; he has already secured to himself a more + imperishable fame than I had supposed; I think it was about four years + that he submitted to the House of Representatives an initiative + proposition for the impeachment of Mr. Jefferson. The house condescended + to consider it. The gentleman debated it with his usual temper, + moderation, and urbanity. The house decided upon it in the most solemn + manner, and, although the gentleman had somehow obtained a second, the + final vote stood one for, and one hundred and seventeen against, the + proposition. * * * + </p> + <p> + But sir, I must speak of another subject, which I never think of but with + feelings of the deepest awe. The gentleman from Massachusetts, in + imitation of some of his predecessors of 1799, has entertained us with a + picture of cabinet plots, presidential plots, and all sorts of plots, + which have been engendered by the diseased state of the gentleman's + imagination. I wish, sir, that another plot, of a much more serious and + alarming character—a plot that aims at the dismemberment of our + Union—had only the same imaginary existence. But no man, who has + paid any attention to the tone of certain prints and to transactions in a + particular quarter of the Union, for several years past, can doubt the + existence of such a plot. It was far, very far from my intention to charge + the opposition with such a design. No, I believe them generally incapable + of it. But I cannot say as much for some who have been unworthily + associated with them in the quarter of the Union to which I have referred. + The gentleman cannot have forgotten his own sentiment, uttered even on the + floor of this house, "peaceably if we can, forcibly if we must," nearly at + the very time Henry's mission was undertaken. The flagitiousness of that + embassy had been attempted to be concealed by directing the public + attention to the price which, the gentleman says, was given for the + disclosure. As if any price could change the atrociousness of the attempt + on the part of Great Britain, or could extenuate, in the slightest degree, + the offence of those citizens, who entertained and deliberated on a + proposition so infamous and unnatural * + </p> + <hr /> + <p> + The war was declared because Great Britain arrogated to herself the + pretension of regulating our foreign trade, under the delusive name of + retaliatory orders in council—a pretension by which she undertook to + proclaim to American enterprise, "thus far shalt thou go, and no further"—orders + which she refused to revoke after the alleged cause of their enactment had + ceased; because she persisted in the practice of impressing American + seamen; because she had instigated the Indians to commit hostilities + against us; and because she refused indemnity for her past injuries upon + our commerce. I throw out of the question other wrongs. So undeniable were + the causes of the war, so powerfully did they address themselves to the + feelings of the whole American people, that when the bill was pending + before this House, gentlemen in the opposition, although provoked to + debate, would not, or could not, utter one syllable against it. It is + true, they wrapped themselves up in sullen silence, pretending they did + not choose to debate such a question in secret session. While speaking of + the proceedings on that occasion I beg to be permitted to advert to + another fact which transpired—an important fact, material for the + nation to know, and which I have often regretted had not been spread upon + our journals. My honorable colleague (Mr. McKee) moved, in committee of + the whole, to comprehend France in the war; and when the question was + taken upon the proposition, there appeared but ten votes in support of it, + of whom seven belonged to this side of the house, and three only to the + other. * * * + </p> + <p> + It is not to the British principle (of allegiance), objectionable as it + is, that we are alone to look; it is to her practice, no matter what guise + she puts on. It is in vain to assert the inviolability of the obligation + of allegiance. It is in vain to set up the plea of necessity, and to + allege that she cannot exist without the impressment of HER seamen. The + naked truth is, she comes, by her press-gangs, on board of our vessels, + seizes OUR native as well as naturalized seamen, and drags them into her + service. It is the case, then, of the assertion of an erroneous principle, + and of a practice not conformable to the asserted principle—a + principle which, if it were theoretically right, must be forever + practically wrong—a practice which can obtain countenance from no + principle whatever, and to submit to which, on our part, would betray the + most abject degradation. We are told, by gentlemen in the opposition, that + government has not done all that was incumbent on it to do, to avoid just + cause of complaint on the part of Great Britain; that in particular the + certificates of protection, authorized by the act of 1796, are + fraudulently used. Sir, government has done too much in granting those + paper protections. I can never think of them without being shocked. They + resemble the passes which the master grants to his negro slave: "Let the + bearer, Mungo, pass and repass without molestation." What do they imply? + That Great Britain has a right to seize all who are not provided with + them. From their very nature, they must be liable to abuse on both sides. + If Great Britain desires a mark, by which she can know her own subjects, + let her give them an ear-mark. The colors that float from the mast-head + should be the credentials of our seamen. There is no safety to us, and the + gentlemen have shown it, but in the rule that all who sail under the flag + (not being enemies), are protected by the flag. It is impossible that this + country should ever abandon the gallant tars who have won for us such + splendid trophies. Let me suppose that the genius of Columbia should visit + one of them in his oppressor's prison, and attempt to reconcile him to his + forlorn and wretched condition. She would say to him, in the language of + gentlemen on the other side: "Great Britain intends you no harm; she did + not mean to impress you, but one of her own subjects; having taken you by + mistake, I will remonstrate, and try to prevail upon her, by peaceable + means, to release you; but I cannot, my son, fight for you." If he did not + consider this mere mockery, the poor tar would address her judgment and + say: "You owe me, my country, protection; I owe you, in return, obedience. + I am no British subject; I am a native of old Massachusetts, where lived + my aged father, my wife, my children. I have faithfully discharged my + duty. Will you refuse to do yours?" Appealing to her passions, he would + continue: "I lost this eye in fighting under Truxton, with the Insurgence; + I got this scar before Tripoli; I broke this leg on board the + Constitution, when the Guerriere struck." * * * I will not imagine the + dreadful catastrophe to which he would be driven by an abandonment of him + to his oppressor. It will not be, it cannot be, that his country will + refuse him protection. * * * + </p> + <p> + An honorable peace is attainable only by an efficient war. My plan would + be to call out the ample resources of the country, give them a judicious + direction, prosecute the war with the utmost vigor, strike wherever we can + reach the enemy, at sea or on land, and negotiate the terms of a peace at + Quebec or at Halifax. We are told that England is a proud and lofty + nation, which, disdaining to wait for danger, meets it half way. Haughty + as she is we triumphed over her once, and, if we do not listen to the + counsels of timidity and despair, we shall again prevail. In such a cause, + with the aid of Providence, we must come out crowned with success; but, if + we fail, let us fail like men, lash ourselves to our gallant tars, and + expire together in one common struggle, fighting for FREE TRADE AND + SEAMEN'S RIGHTS. + </p> + <p> + <a name="link2H_4_0020" id="link2H_4_0020"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + IV. — THE RISE OF NATIONALITY. + </h2> + <p> + In spite of execrable financial management, of the criminal blunders of + political army officers, and of consequent defeats on land, and quite + apart from brilliant sea-fights and the New Orleans victory, the war of + 1812 was of incalculable benefit to the United States. It marks more + particularly the point at which the already established democracy began to + shade off into a real nationality. + </p> + <p> + The Democratic party began its career as a States-rights party. Possession + of national power had so far modified the practical operation of its + tenets that it had not hesitated to carry out a national policy, and even + wage a desperate war, in flat opposition to the will of one section of the + Union, comprising five of its most influential States; and, when the + Hartford Convention was suspected of a design to put the New England + opposition to the war into a forcible veto, there were many indications + that the dominant party was fully prepared to answer by a forcible + materialization of the national will. In the North and West, at least, the + old States-rights formulas never carried a real vitality beyond the war of + 1812. Men still spoke of "sovereign States," and prided themselves on the + difference between the "voluntary union of States" and the effete + despotisms of Europe; but the ghost of the Hartford Convention had laid + very many more dangerous ghosts in the section in which it had appeared. + </p> + <p> + The theatre of the war, now filled with comfortable farms and populous + cities, was then less known than any of our Territories in 1896. There + were no roads, and the transportation of provisions for the troops, of + guns, ammunition, and stores for the lake navies, was one of the most + difficult of the problems which the National Government was called upon to + solve. It cannot be said that the solution was successfully reached, for + the blunders in transportation were among the most costly, exasperating, + and dangerous of the war. But the efforts to reach it provided the impulse + which soon after resulted in the settlement of Western New York, the + appearance of the germs of such flourishing cities as Buffalo, Rochester, + and Syracuse, the opening up of the Southwest Territory, between Tennessee + and New Orleans, and the rapid admission of the new States of Indiana, + Illinois, Mississippi, and Missouri. But the impulse did not stop here. + The inconveniences and dangers arising from the possession of a vast + territory with utterly inadequate means of communication had been brought + so plainly to public view by the war that the question of communication + influenced politics in every direction. In New York it took shape in the + construction of the Erie Canal (finished in 1825). In States farther west + and south, the loaning of the public credit to enterprises of the nature + of the Erie Canal increased until the panic of 1837 introduced + "repudiation" into American politics. In national politics, the necessity + of a general system of canals and roads, as a means of military defence, + was at first admitted by all, even by Calhoun, was gradually rejected by + the stricter constructionists of the Constitution, and finally became a + tenet of the National Republican party, headed by John Quincy Adams and + Clay (1825-29), and of its greater successor the Whig party, headed by + Clay. This idea of Internal Improvements at national expense, though + suggested by Gallatin and Clay in 1806-08, only became a political + question when the war had forced it upon public attention; and it has not + yet entirely disappeared. + </p> + <p> + The maintenance of such a system required money, and a high tariff of + duties on imports was a necessary concomitant to Internal Improvements. + The germ of this system was also a product of the war of 1812. Hamilton + had proposed it twenty years before; and the first American tariff act had + declared that its object was the encouragement of American manufactures. + But the system had never been effectively introduced until the war and the + blockade had forced American manufactures into existence. Peace brought + competition with British manufacturers, and the American manufacturers + began to call for protection. The tariff of 1816 contained the principle + of Protection, but only carried it into practice far enough to induce the + manufacturers to rely on the dominant party for more of it. This + expectation, rather than the Federalist opposition to the war, is the + explanation of the immediate and rapid decline of the Federal party in New + England. Continued effort brought about the tariff of 1824, which was more + protective; the tariff of 1828, which was still more protective; and the + tariff of 1830, which reduced the protective element to a system. + </p> + <p> + The two sections, North and South, had been very much alike until the war + called the principle of growth into activity. The slave system of labor, + which had fallen in the North and had survived and been made still more + profitable in the South by Whitney's invention of the cotton gin in 1793, + shut the South off from almost all share in the new life. That section had + a monopoly of the cotton culture, and the present profit of slave labor + blinded it to the ultimate consequences of it. The slave was fit for rude + agriculture alone; he could not be employed in manufactures, or in any + labor which required intelligence; and the slave-owner, while he desired + manufactures, did not dare to cultivate the necessary intelligence in his + own slaves. The South could therefore find no profit in protection, and + yet it could not with dignity admit that its slave system precluded it + from the advantages of protection, or base its opposition to protection + wholly on economic grounds. Its only recourse was the constitutional + ground of the lack of power of Congress to pass a protective tariff, and + this brought up again the question which had evolved the Kentucky + resolutions of 1798-9. Calhoun, with pitiless logic, developed them into a + scheme of constitutional Nullification. Under his lead, + </p> + <p> + South Carolina, in 1832, declared through her State Convention that the + protective tariff acts were no law, nor binding on the State, its officers + or citizens. President Jackson, while he was ready and willing to suppress + any such rebellion by force, was not sorry to see his adherents in + Congress make use of it to overthrow protection; and a "compromise + tariff," to which the protectionists agreed, was passed in 1833. It + reduced the duties by an annual percentage for ten years. The nullifiers + claimed this as a triumph, and formally repealed the ordinance of + nullification, as if it had accomplished its object. But, in its real + intent, it had failed wretchedly. It had asserted State sovereignty + through the State's proper voice of a convention. When the time fixed for + the execution of the ordinance arrived, Jackson's intention of taking the + State's sovereignty by the throat had become so evident that an unofficial + meeting of nullifiers suspended the ordinance until the passage of the + compromise tariff had made it unnecessary. For the first time, the force + of a State and the national force had approached threateningly near + collision, and no State ever tried it again. When the tariff of 1842 + reintroduced the principle of protection, no one thought of taking the + broken weapon of nullification from its resting-place; and secession was + finally attempted only as a sectional movement, not as the expression of + the will of a State, but as a concerted revolution by a number of States. + It seems certain that nationality had attained force enough, even in 1833, + to have put State sovereignty forever under its feet; and that but for the + cohesive sectional force of slavery and its interests, the development of + nationality would have been undisputed for the future. + </p> + <p> + New conditions were increasing the growth of the North and West, and their + separation from the South in national life, even when nullification was in + its death struggle. The acquisition of Louisiana in 1803 had been followed + in 1807 by Fulton's invention of the steamboat, the most important factor + in carrying immigration into the new territories and opening them up to + settlement. But the steamboat could not quite bridge over the gap between + the Alleghanies and the Mississippi. Internal improvements, canals, and + improved roads were not quite the instrument that was needed. It was found + at last in the introduction of the railway into the United States in + 1830-32. This proved to be an agent which could solve every difficulty + except its own. It could bridge over every gap; it could make profit of + its own, and make profitable that which had before been unprofitable. It + placed immigrants where the steamboat, canal, and road could at last be of + the highest utility to them; it developed the great West with startling + rapidity; it increased the sale of government lands so rapidly that in a + few years the debt of the United States was paid off, and the surplus + became, for the first time, a source of political embarrassment. In a few + years further, aided by revolutionary troubles in Europe, immigration + became a great stream, which poured into and altered the conditions of + every part of the North and West. The stream was altogether nationalizing + in its nature. The immigrant came to the United States, not to a + particular State. To him, the country was greater than any State; even + that of his adoption. Labor conditions excluded the South from this + element of progress also. Not only were the railroads of the South + hampered in every point by the old difficulty of slave labor; immigration + and free labor shunned slave soil as if the plague were there prevalent. + Year after year the North and West became more national in their + prejudices and modes of thought and action; while the South remained + little changed, except by a natural reactionary drift toward a more + extreme colonialism. The natural result, in the next period was the + development of a quasi nationality in the South itself. + </p> + <p> + The introduction of the railway had brought its own difficulties, though + these were not felt severely until after years. In the continent of + Europe, the governments carefully retained their powers of eminent domain + when the new system was introduced. The necessary land was loaned to the + railways for a term of years, at the expiration of which the railway was + to revert to the State; and railway troubles were non-existent, or + comparatively tractable. In the United States, as in Great Britain, free + right of incorporation was supplemented by what was really a gift of the + power of eminent domain. The necessary land became the property of the + corporations in fee, and it has been found almost equally difficult to + revoke the gift or to introduce a railway control. + </p> + <p> + Democracy took a new and extreme line of development under its alliance + with nationality. As the dominant party, about 1827-8, became divided into + two parties, the new parties felt the democratic influence as neither of + their predecessors had felt it. Nominations, which had been made by + cliques of legislators or Congressmen, began to be made by popular + delegate conventions about 1825. Before 1835, national, State, and local + conventions had been united into parties of the modern type. With them + came the pseudo-democratic idea of "rotation in office," introduced into + national politics by President Jackson, in 1829, and adopted by succeeding + administrations. There were also some attempts to do away with the + electoral system, and to make the federal judiciary elective, or to impose + on it some other term of office than good behavior; but these had neither + success nor encouragement. + </p> + <p> + The financial errors of the war of 1812 had fairly compelled the + re-establishment of the Bank of the United States in 1816, with a charter + for twenty years, and the control of the deposits of national revenue. + Soon after Jackson's inauguration, the managers of the new democratic + party came into collision with the bank on the appointment of a + subordinate agent. It very soon became evident that the bank could not + exist in the new political atmosphere. It was driven into politics; a new + charter was vetoed in 1832; and after one of the bitterest struggles of + our history, the bank ceased to exist as a government institution in 1836. + The reason for its fall, however disguised by attendant circumstances, was + really its lack of harmony with the national-democratic environment which + had overtaken it. Benton's speech presents a review of this bank struggle + and of accompanying political controversies. + </p> + <p> + The anti-slavery agitation, which began in 1830, was as evidently a + product of the new phase of democracy, but will fall more naturally under + the next period. + </p> + <p> + Webster's reply to Hayne has been taken as the best illustration of that + thoroughly national feeling which was impossible before the war of 1812, + and increasingly more common after it. It has been necessary to preface it + with Hayne's speech, in order to have a clear understanding of parts of + Webster's; but it has not been possible to omit Calhoun's speech, as a + defence of his scheme of nullification, and as an exemplification of the + reaction toward colonialism with which the South met the national + development. It has not seemed necessary to include other examples of the + orations called forth by the temporary political issues of the time. + </p> + <p> + <a name="link2H_4_0021" id="link2H_4_0021"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ROBERT Y. HAYNE, + </h2> + <h3> + —-OF SOUTH CAROLINA. (BORN 1791, DIED 1840.) + </h3> + <p> + ON MR. FOOT'S RESOLUTION IN THE UNITED STATES SENATE, JAN. 21, 1830 MR. + SPEAKER: + </p> + <p> + Mr. Hayne said, when he took occasion, two days ago, to throw out some + ideas with respect to the policy of the government in relation to the + public lands, nothing certainly could have been further from his thoughts + than that he should have been compelled again to throw himself upon the + indulgence of the Senate. Little did I expect, said Mr. H., to be called + upon to meet such an argument as was yesterday urged by the gentleman from + Massachusetts (Mr. Webster). Sir, I question no man's opinions; I impeach + no man's motives; I charged no party, or State, or section of country with + hostility to any other, but ventured, as I thought, in a becoming spirit, + to put forth my own sentiments in relation to a great national question of + public policy. Such was my course. The gentleman from Missouri (Mr. + Benton), it is true, had charged upon the Eastern States an early and + continued hostility toward the West, and referred to a number of + historical facts and documents in support of that charge. Now, sir, how + have these different arguments been met? The honorable gentleman from + Massachusetts, after deliberating a whole night upon his course, comes + into this chamber to vindicate New England; and instead of making up his + issue with the gentleman from Missouri, on the charges which he had + preferred, chooses to consider me as the author of those charges, and + losing sight entirely of that gentleman, selects me as his adversary, and + pours out all the vials of his mighty wrath upon my devoted head. Nor is + he willing to stop there. He goes on to assail the institutions and policy + of the South, and calls in question the principles and conduct of the + State which I have the honor to represent. When I find a gentleman of + mature age and experience, of acknowledged talents and profound sagacity, + pursuing a course like this, declining the contest offered from the West, + and making war upon the unoffending South, I must believe, I am bound to + believe, he has some object in view which he has not ventured to disclose. + Mr. President, why is this? Has the gentleman discovered in former + controversies with the gentleman from Missouri, that he is overmatched by + that senator? And does he hope for an easy victory over a more feeble + adversary? Has the gentleman's distempered fancy been disturbed by gloomy + forebodings of "new alliances to be formed," at which he hinted? Has the + ghost of the murdered coalition come back, like the ghost of Banquo, to + "sear the eyeballs" of the gentleman, and will not down at his bidding? + Are dark visions of broken hopes, and honors lost forever, still floating + before his heated imagination? Sir, if it be his object to thrust me + between the gentleman from Missouri and himself, in order to rescue the + East from the contest it has provoked with the West, he shall not be + gratified. Sir, I will not be dragged into the defence of my friend from + Missouri. The South shall not be forced into a conflict not its own. The + gentleman from Missouri is able to fight his own battles. The gallant West + needs no aid from the South to repel any attack which may be made upon + them from any quarter. Let the gentleman from Massachusetts controvert the + facts and arguments of the gentleman from Missouri, if he can—and if + he win the victory, let him wear the honors; I shall not deprive him of + his laurels. * * * + </p> + <p> + Sir, any one acquainted with the history of parties in this country will + recognize in the points now in dispute between the Senator from + Massachusetts and myself the very grounds which have, from the beginning, + divided the two great parties in this country, and which (call these + parties by what names you will, and amalgamate them as you may) will + divide them forever. The true distinction between those parties is laid + down in a celebrated manifesto issued by the convention of the Federalists + of Massachusetts, assembled in Boston, in February, 1824, on the occasion + of organizing a party opposition to the reelection of Governor Eustis. The + gentleman will recognize this as "the canonical book of political + scripture"; and it instructs us that, when the American colonies redeemed + themselves from British bondage, and became so many independent nations, + they proposed to form a NATIONAL UNION (not a Federal Union, sir, but a + NATIONAL UNION). + </p> + <p> + Those who were in favor of a union of the States in this form became known + by the name of Federalists; those who wanted no union of the States, or + disliked the proposed form of union, became known by the name of + Anti-Federalists. By means which need not be enumerated, the + Anti-Federalists became (after the expiration of twelve years) our + national rulers, and for a period of sixteen years, until the close of Mr. + Madison's administration in 1817, continued to exercise the exclusive + direction of our public affairs. Here, sir, is the true history of the + origin, rise, and progress of the party of National Republicans, who date + back to the very origin of the Government, and who then, as now, chose to + consider the Constitution as having created not a Federal, but a National, + Union; who regarded "consolidation" as no evil, and who doubtless consider + it "a consummation to be wished" to build up a great "central government," + "one and indivisible." Sir, there have existed, in every age and every + country, two distinct orders of men—the lovers of freedom and the + devoted advocates of power. + </p> + <p> + The same great leading principles, modified only by the peculiarities of + manners, habits, and institutions, divided parties in the ancient + republics, animated the Whigs and Tories of Great Britain, distinguished + in our own times the Liberals and Ultras of France, and may be traced even + in the bloody struggles of unhappy Spain. Sir, when the gallant Riego, who + devoted himself and all that he possessed to the liberties of his country, + was dragged to the scaffold, followed by the tears and lamentations of + every lover of freedom throughout the world, he perished amid the + deafening cries of "Long live the absolute king!" The people whom I + represent, Mr. President, are the descendants of those who brought with + them to this country, as the most precious of their possessions, "an + ardent love of liberty"; and while that shall be preserved, they will + always be found manfully struggling against the consolidation of the + Government AS THE WORST OF EVILS. * * * + </p> + <p> + Who, then, Mr. President, are the true friends of the Union? Those who + would confine the Federal Government strictly within the limits prescribed + by the Constitution; who would preserve to the States and the people all + powers not expressly delegated; who would make this a Federal and not a + National Union, and who, administering the Government in a spirit of equal + justice, would make it a blessing, and not a curse. And who are its + enemies? Those who are in favor of consolidation; who are constantly + stealing power from the States, and adding strength to the Federal + Government; who, assuming an unwarrantable jurisdiction over the States + and the people, undertake to regulate the whole industry and capital of + the country. But, sir, of all descriptions of men, I consider those as the + worst enemies of the Union, who sacrifice the equal rights which belong to + every member of the confederacy to combinations of interested majorities + for personal or political objects. But the gentleman apprehends no evil + from the dependence of the States on the Federal Government; he can see no + danger of corruption from the influence of money or patronage. Sir, I know + that it is supposed to be a wise saying that "patronage is a source of + weakness"; and in support of that maxim it has been said that "every ten + appointments make a hundred enemies." But I am rather inclined to think, + with the eloquent and sagacious orator now reposing on his laurels on the + banks of the Roanoke, that "the power of conferring favors creates a crowd + of dependents"; he gave a forcible illustration of the truth of the + remark, when he told us of the effect of holding up the savory morsel to + the eager eyes of the hungry hounds gathered around his door. It mattered + not whether the gift was bestowed on "Towzer" or "Sweetlips," "Tray," + "Blanche," or "Sweetheart"; while held in suspense, they were all governed + by a nod, and when the morsel was bestowed, the expectation of the favors + of to-morrow kept up the subjection of to-day. + </p> + <p> + The Senator from Massachusetts, in denouncing what he is pleased to call + the Carolina doctrine, has attempted to throw ridicule upon the idea that + a State has any constitutional remedy by the exercise of its sovereign + authority, against "a gross, palpable, and deliberate violation of the + Constitution." He calls it "an idle" or "a ridiculous notion," or + something to that effect, and added, that it would make the Union a "mere + rope of sand." Now, sir, as the gentleman has not condescended to enter + into any examination of the question, and has been satisfied with throwing + the weight of his authority into the scale, I do not deem it necessary to + do more than to throw into the opposite scale the authority on which South + Carolina relies; and there, for the present, I am perfectly willing to + leave the controversy. The South Carolina doctrine, that is to say, the + doctrine contained in an exposition reported by a committee of the + Legislature in December, 1828, and published by their authority, is the + good old Republican doctrine of '98—the doctrine of the celebrated + "Virginia Resolutions" of that year, and of "Madison's Report" of '99. It + will be recollected that the Legislature of Virginia, in December, '98, + took into consideration the alien and sedition laws, then considered by + all Republicans as a gross violation of the Constitution of the United + States, and on that day passed, among others, the following resolution: + </p> + <p> + "The General 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 further 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 the parties + there-to 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." + </p> + <p> + In addition to the above resolution, the General Assembly of Virginia + "appealed to the other States, in the confidence that they would concur + with that commonwealth, that the acts aforesaid (the alien and sedition + laws) are unconstitutional, and that the necessary and proper measures + would be taken by each for cooperating with Virginia in maintaining + unimpaired the authorities, rights, and liberties reserved to the States + respectively, or to the people." * * * + </p> + <p> + But, sir, our authorities do not stop here. The State of Kentucky + responded to Virginia, and on the 10th of November, 1798, adopted those + celebrated resolutions, well known to have been penned by the author of + the Declaration of American Independence. In those resolutions, the + Legislature of Kentucky declare, "that the government created by this + compact was not made the exclusive or final judge of the extent of the + power delegated to itself, since that would have made its discretion, and + not the Constitution, the measure of its powers; but that, as in all other + cases of compact among parties having no common judge, each party has an + equal right to judge for itself as well of infractions as of the mode and + measure of redress." * * * + </p> + <p> + Sir, at that day the whole country was divided on this very question. It + formed the line of demarcation between the federal and republican parties; + and the great political revolution which then took place turned upon the + very questions involved in these resolutions. That question was decided by + the people, and by that decision the Constitution was, in the emphatic + language of Mr. Jefferson, "saved at its last gasp." I should suppose, + sir, it would require more self-respect than any gentleman here would be + willing to assume, to treat lightly doctrines derived from such high + sources. Resting on authority like this, I will ask, gentlemen, whether + South Carolina has not manifested a high regard for the Union, when, under + a tyranny ten times more grievous than the alien and sedition laws, she + has hitherto gone no further than to petition, remonstrate, and to + solemnly protest against a series of measures which she believes to be + wholly unconstitutional and utterly destructive of her interests. Sir, + South Carolina has not gone one step further than Mr. Jefferson himself + was disposed to go, in relation to the present subject of our present + complaints—not a step further than the statesmen from New England + were disposed to go under similar circumstances; no further than the + Senator from Massachusetts himself once considered as within "the limits + of a constitutional opposition." The doctrine that it is the right of a + State to judge of the violations of the Constitution on the part of the + Federal Government, and to protect her citizens from the operations of + unconstitutional laws, was held by the enlightened citizens of Boston, who + assembled in Faneuil Hall, on the 25th of January, 1809. They state, in + that celebrated memorial, that "they looked only to the State Legislature, + which was competent to devise relief against the unconstitutional acts of + the General Government. That your power (say they) is adequate to that + object, is evident from the organization of the confederacy." * * * + </p> + <p> + Thus it will be seen, Mr. President, that the South Carolina doctrine is + the Republican doctrine of '98,—that it was promulgated by the + fathers of the faith,—that it was maintained by Virginia and + Kentucky in the worst of times,—that it constituted the very pivot + on which the political revolution of that day turned,—that it + embraces the very principles, the triumph of which, at that time, saved + the Constitution at its last gasp, and which New England statesmen were + not unwilling to adopt when they believed themselves to be the victims of + unconstitutional legislation. Sir, as to the doctrine that the Federal + Government is the exclusive judge of the extent as well as the limitations + of its power, it seems to me to be utterly subversive of the sovereignty + and independence of the States. It makes but little difference, in my + estimation, whether Congress or the Supreme Court are invested with this + power. If the Federal Government, in all, or any, of its departments, is + to prescribe the limits of its own authority, and the States are bound to + submit to the decision, and are not to be allowed to examine and decide + for themselves when the barriers of the Constitution shall be overleaped, + this is practically "a government without limitation of powers." The + States are at once reduced to mere petty corporations, and the people are + entirely at your mercy. I have but one word more to add. In all the + efforts that have been made by South Carolina to resist the + unconstitutional laws which Congress has extended over them, she has kept + steadily in view the preservation of the Union, by the only means by which + she believes it can be long preserved—a firm, manly, and steady + resistance against usurpation. The measures of the Federal Government + have, it is true, prostrated her interests, and will soon involve the + whole South in irretrievable ruin. But even this evil, great as it is, is + not the chief ground of our complaints. It is the principle involved in + the contest—a principle which, substituting the discretion of + Congress for the limitations of the Constitution, brings the States and + the people to the feet of the Federal Government, and leaves them nothing + they can call their own. Sir, if the measures of the Federal Government + were less oppressive, we should still strive against this usurpation. The + South is acting on a principle she has always held sacred—resistance + to unauthorized taxation. These, sir, are the principles which induced the + immortal Hampden to resist the payment of a tax of twenty shillings. Would + twenty shillings have ruined his fortune? No! but the payment of half of + twenty shillings, on the principle on which it was demanded, would have + made him a slave. Sir, if acting on these high motives—if animated + by that ardent love of liberty which has always been the most prominent + trait in the Southern character, we would be hurried beyond the bounds of + a cold and calculating prudence; who is there, with one noble and generous + sentiment in his bosom, who would not be disposed, in the language of + Burke, to exclaim, "You must pardon something to the spirit of liberty?" + </p> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + DANIEL WEBSTER, + </h2> + <h3> + —OF MASSACHUSETTS. (BORN 1782, DIED 1852.) + </h3> + <p> + IN REPLY TO HAYNE, IN THE UNITED STATES SENATE, JANUARY 26, 1830. MR. + PRESIDENT: + </p> + <p> + When the mariner has been tossed for many days in thick weather, and on an + unknown sea, he naturally avails himself of the first pause in the storm, + the earliest glance of the sun, to take his latitude, and ascertain how + far the elements have driven him from his true course. Let us imitate this + prudence, and before we float further on the waves of this debate, refer + to the point from which we departed, that we may at least be able to + conjecture where we now are. I ask for the reading of the resolution + before the Senate. + </p> + <p> + (The Secretary read the resolution, as follows:) + </p> + <p> + "Resolved, That the Committee on Public Lands be instructed to inquire and + report the quantity of public land remaining unsold within each State and + Territory, and whether it be expedient to limit for a certain period the + sales of the public lands to such lands only as have heretofore been + offered for sale, and are now subject to entry at the minimum price. And, + also, whether the office of Surveyor-General, and some of the land + offices, may not be abolished without detriment to the public interest; or + whether it be expedient to adopt measures to hasten the sales and extend + more rapidly the surveys of the public lands." + </p> + <p> + We have thus heard, sir, what the resolution is which is actually before + us for consideration; and it will readily occur to everyone, that it is + almost the only subject about which something has not been said in the + speech, running through two days, by which the Senate has been entertained + by the gentleman from South Carolina. Every topic in the wide range of our + public affairs, whether past or present—every thing, general or + local, whether belonging to national politics or party politics—seems + to have attracted more or less of the honorable member's attention, save + only the resolution before the Senate. He has spoken of every thing but + the public lands; they have escaped his notice. To that subject, in all + his excursions, he has not paid even the cold respect of a passing glance. + </p> + <p> + When this debate, sir, was to be resumed, on Thursday morning, it so + happened that it would have been convenient for me to be elsewhere. The + honorable member, however, did not incline to put off the discussion to + another day. He had a shot, he said, to return, and he wished to discharge + it. That shot, sir, which he thus kindly informed us was coming, that we + might stand out of the way, or prepare ourselves to fall by it and die + with decency, has now been received. Under all advantages, and with + expectation awakened by the tone which preceded it, it has been + discharged, and has spent its force. It may become me to say no more of + its effect, than that, if nobody is found, after all, either killed or + wounded, it is not the first time in the history of human affairs, that + the vigor and success of the war have not quite come up to the lofty and + sounding phrase of the manifesto. + </p> + <p> + The gentleman, sir, in declining to postpone the debate, told the Senate, + with the emphasis of his hand upon his heart, that there was something + rankling here, which he wished to relieve. (Mr. Hayne rose, and disclaimed + having used the word rankling.) It would not, Mr. President, be safe for + the honorable member to appeal to those around him, upon the question + whether he did in fact make use of that word. But he may have been + unconscious of it. At any rate, it is enough that he disclaims it. But + still, with or without the use of that particular word, he had yet + something here, he said, of which he wished to rid himself by an immediate + reply. In this respect, sir, I have a great advantage over the honorable + gentleman. There is nothing here, sir, which gives me the slightest + uneasiness; neither fear, nor anger, nor that which is sometimes more + troublesome than either, the consciousness of having been in the wrong. + There is nothing, either originating here, or now received here by the + gentleman's shot. Nothing originating here, for I had not the slightest + feeling of unkindness toward the honorable member. Some passages, it is + true, had occurred since our acquaintance in this body, which I could have + wished might have been otherwise; but I had used philosophy and forgotten + them. I paid the honorable member the attention of listening with respect + to his first speech; and when he sat down, though surprised, and I must + even say astonished, at some of his opinions, nothing was farther from my + intention than to commence any personal warfare. Through the whole of the + few remarks I made in answer, I avoided, studiously and carefully, every + thing which I thought possible to be construed into disrespect. And, Sir, + while there is thus nothing originating here which I have wished at any + time, or now wish, to discharge, I must repeat, also, that nothing has + been received here which rankles, or in any way gives me annoyance. I will + not accuse the honorable member of violating the rules of civilized war; I + will not say that he poisoned his arrows. But whether his shafts were, or + were not, dipped in that which would have caused rankling if they had + reached their destination, there was not, as it happened, quite strength + enough in the bow to bring them to their mark. If he wishes now to gather + up those shafts, he must look for them elsewhere; they will not be found + fixed and quivering in the object at which they were aimed. + </p> + <p> + The honorable member complained that I slept on his speech. I must have + slept on it, or not slept at all. The moment the honorable member sat + down, his friend from Missouri rose, and, with much honeyed commendation + of the speech, suggested that the impressions which it had produced were + too charming and delightful to be disturbed by other sentiments or other + sounds, and proposed that the Senate should adjourn. Would it have been + quite amiable in me, Sir, to interrupt this excellent good feeling? Must I + not have been absolutely malicious, if I could have thrust myself forward, + to destroy sensations thus pleasing? Was it not much better and kinder, + both to sleep upon them myself, and to allow others also the pleasure of + sleeping upon them? But if it be meant, by sleeping upon his speech, that + I took time to prepare a reply to it, it is quite a mistake. Owing to + other engagements, I could not employ even the interval between the + adjournment of the Senate and its meeting the next morning, in attention + to the subject of this debate. Nevertheless, Sir, the mere matter of fact + is undoubtedly true. I did sleep on the gentleman's speech, and slept + soundly. And I slept equally well on his speech of yesterday, to which I + am now replying. It is quite possible that in this respect, also, I + possess some advantage over the honorable member, attributable, doubtless, + to a cooler temperament on my part; for, in truth, I slept upon his + speeches remarkably well. + </p> + <p> + But the gentleman inquires why HE was made the object of such a reply. Why + was he singled out? If an attack has been made on the East, he, he assures + us, did not begin it; it was made by the gentleman from Missouri. Sir, I + answered the gentleman's speech because I happened to hear it; and + because, also, I choose to give an answer to that speech, which, if + unanswered, I thought most likely to produce injurious impressions. I did + not stop to inquire who was the original drawer of the bill. I found a + responsible indorser before me, and it was my purpose to hold him liable, + and to bring him to his just responsibility without delay. But, sir, this + interrogatory of the honorable member was only introductory to another. He + proceeded to ask me whether I had turned upon him in this debate, from the + consciousness that I should find an overmatch, if I ventured on a contest + with his friend from Missouri. If, sir, the honorable member, <i>modestiae + gratia</i>, had chosen thus to defer to his friend, and to pay him + compliments, without intentional disparagement to others, it would have + been quite according to the friendly courtesies of debate, and not at all + ungrateful to my own feelings. I am not one of those, sir, who esteem any + tribute of regard, whether light and occasional, or more serious and + deliberate, which may be bestowed on others, as so much unjustly + withholden from themselves. But the tone and the manner of the gentleman's + question forbid me thus to interpret it. I am not at liberty to consider + it as nothing more than a civility to his friend. It had an air of taunt + and disparagement, something of the loftiness of asserted superiority, + which does not allow me to pass it over without notice. It was put as a + question for me to answer, and so put as if it were difficult for me to + answer whether I deemed the member from Missouri an overmatch for myself + in debate here. It seems to me, sir, that this is extraordinary language, + and an extraordinary tone, for the discussions of this body. + </p> + <p> + Matches and overmatches! Those terms are more applicable elsewhere than + here, and fitter for other assemblies than this. Sir, the gentleman seems + to forget where and what we are. This is a Senate, a Senate of equals, of + men of individual honor and personal character, and of absolute + independence. We know no masters, we acknowledge no dictators. This is a + hall for mutual consultation and discussion; not an arena for the + exhibition of champions. I offer myself, sir, as a match for no man; I + throw the challenge of debate at no man's feet. But then, sir, since the + honorable member has put the question in a manner that calls for an + answer, I will give him an answer; and I tell him, that, holding myself to + be the humblest of the members here, I yet know nothing in the arm of his + friend from Missouri, either alone or when aided by the arm of his friend + from South Carolina, that need deter even me from espousing whatever + opinions I may choose to espouse, from debating whenever I may choose to + debate, or from speaking whatever I may see fit to say, on the floor of + the Senate. Sir, when uttered as matter of commendation or compliment, I + should dissent from nothing which the honorable member might say of his + friend. Still less do I put forth any pretensions of my own. But when put + to me as a matter of taunt, I throw it back, and say to the gentleman, + that he could possibly say nothing less likely than such a comparison to + wound my pride of personal character. The anger of its tone rescued the + remark from intentional irony, which otherwise, probably, would have been + its general acceptation. But, sir, if it be imagined by this mutual + quotation and commendation; if it be supposed that, by casting the + characters of the drama, assigning to each his part, to one the attack, to + another the cry of onset; or if it be thought that, by a loud and empty + vaunt of anticipated victory, any laurels are to be won here; if it be + imagined, especially, that any, or all of these things will shake any + purpose of mine, I can tell the honorable member, once for all, that he is + greatly mistaken, and that he is dealing with one of whose temper and + character he has yet much to learn. Sir, I shall not allow myself, on this + occasion, I hope on no occasion, to be betrayed into any loss of temper; + but if provoked, as I trust I never shall be, into crimination and + recrimination, the honorable member may, perhaps, find that in that + contest, there will be blows to take as well as blows to give; that others + can state comparisons as significant, at least, as his own, and that his + impunity may possibly demand of him whatever powers of taunt and sarcasm + he may possess. I commend him to a prudent husbandry of his resources. + </p> + <p> + On yet another point, I was still more unaccountably misunderstood. The + gentlemen had harangued against "consolidation." I told him, in reply, + that there was one kind of consolidation to which I was attached, and that + was the consolidation of our Union; that this was precisely that + consolidation to which I feared others were not attached, and that such + consolidation was the very end of the Constitution, the leading object, as + they had informed us themselves, which its framers had kept in view. I + turned to their communication, and read their very words, "the + consolidation of the Union," and expressed my devotion to this sort of + consolidation. I said, in terms, that I wished not in the slightest degree + to augment the powers of this government; that my object was to preserve, + not to enlarge; and that by consolidating the Union I understood no more + than the strengthening of the Union, and perpetuating it. Having been thus + explicit, having thus read from the printed book the precise words which I + adopted, as expressing my own sentiments, it passes comprehension how any + man could understand me as contending for an extension of the powers of + the government, or for consolidation in that odious sense in which it + means an accumulation, in the Federal Government, of the powers properly + belonging to the States. + </p> + <p> + I repeat, sir, that, in adopting the sentiments of the framers of the + Constitution, I read their language audibly, and word for word; and I + pointed out the distinction, just as fully as I have now done, between the + consolidation of the Union and that other obnoxious consolidation which I + disclaim. And yet the honorable member misunderstood me. The gentleman had + said that he wished for no fixed revenue,—not a shilling. If by a + word he could convert the Capitol into gold, he would not do it. Why all + this fear of revenue? Why, sir, because, as the gentleman told us, it + tends to consolidation. Now this can mean neither more nor less than that + a common revenue is a common interest, and that all common interests tend + to preserve the union of the States. I confess I like that tendency; if + the gentleman dislikes it, he is right in deprecating a shilling of fixed + revenue. So much, sir, for consolidation. * * * + </p> + <p> + Professing to be provoked by what he chose to consider a charge made by me + against South Carolina, the honorable member, Mr. President, has taken up + a crusade against New England. Leaving altogether the subject of the + public lands, in which his success, perhaps, had been neither + distinguished nor satisfactory, and letting go, also, of the topic of the + tariff, he sallied forth in a general assault on the opinions, politics, + and parties of New England, as they have been exhibited in the last thirty + years. + </p> + <p> + New England has, at times, so argues the gentleman, held opinions as + dangerous as those which he now holds. Suppose this were so; how should he + therefore abuse New England? If he find himself countenanced by acts of + hers, how is it that, while he relies on these acts, he covers, or seeks + to cover, their authors with reproach? But, sir, if in the course of forty + years, there have been undue effervescences of party in New England, has + the same thing happened nowhere else? Party animosity and party outrage, + not in New England, but elsewhere, denounced President Washington, not + only as a Federalist, but as a Tory, a British agent, a man who in his + high office sanctioned corruption. But does the honorable member suppose, + if I had a tender here who should put such an effusion of wickedness and + folly into my hand, that I would stand up and read it against the South? + Parties ran into great heats again in 1799 and 1800. What was said, sir, + or rather what was not said, in those years, against John Adams, one of + the committee that drafted the Declaration of Independence, and its + admitted ablest defender on the floor of Congress? If the gentleman wishes + to increase his stores of party abuse and frothy violence, if he has a + determined proclivity to such pursuits, there are treasures of that sort + south of the Potomac, much to his taste, yet untouched. I shall not touch + them. * * * The gentleman's purveyors have only catered for him among the + productions of one side. I certainly shall not supply the deficiency by + furnishing him samples of the other. I leave to him, and to them, the + whole concern. It is enough for me to say, that if, in any part of their + grateful occupation, if, in all their researches, they find any thing in + the history of Massachusetts, or of New England, or in the proceedings of + any legislative or other public body, disloyal to the Union, speaking + slightingly of its value, proposing to break it up, or recommending + non-intercourse with neighboring States, on account of difference in + political opinion, then, sir, I give them all up to the honorable + gentleman's unrestrained rebuke; expecting, however, that he will extend + his buffetings in like manner, to all similar proceedings, wherever else + found. * * * + </p> + <p> + Mr. President, in carrying his warfare, such as it is, into New England, + the honorable gentleman all along professes to be acting on the defensive. + He chooses to consider me as having assailed South Carolina, and insists + that he comes forth only as her champion, and in her defence. Sir, I do + not admit that I made any attack whatever on South Carolina. Nothing like + it. The honorable member, in his first speech, expressed opinions, in + regard to revenue and some other topics, which I heard with both pain and + surprise. I told the gentleman I was aware that such sentiments were + entertained out of the Government, but had not expected to find them + advanced in it; that I knew there were persons in the South who speak of + our Union with indifference or doubt, taking pains to magnify its evils, + and to say nothing of its benefits; that the honorable member himself, I + was sure, could never be one of these; and I regretted the expression of + such opinions as he had avowed, because I thought their obvious tendency + was to encourage feelings of disrespect to the Union, and to impair its + strength. This, sir, is the sum and substance of all I said on the abject. + And this constitutes the attack which called on the chivalry of the + gentleman, in his own opinion, to harry us with such a foray among the + party pamphlets and party proceedings in Massachusetts! If he means that I + spoke with dissatisfaction or disrespect of the ebullitions of individuals + in South Carolina, it is true. But if he means that I assailed the + character of the State, her honor, or patriotism, that I reflected on her + history or her conduct, he has not the slightest grounds for any such + assumption. * * * I shall not acknowledge that the honorable member goes + before me in regard for whatever of distinguished talent or distinguished + character South Carolina has produced. I claim part of the honor, I + partake in the pride of her great names. I claim them for my countrymen, + one and all, the Laurenses, the Rutledges, the Pinckneys, the Sumpters, + the Marions,—Americans all, whose fame is no more to be hemmed in by + State lines than their talents and patriotism were capable of being + circumscribed within the same narrow limits. In their day and generation + they served and honored the country, and the whole country; and their + renown is of the treasures of the whole country. Him whose honored name + the gentleman himself bears—does he esteem me less capable of + gratitude for his patriotism, or sympathy for his sufferings, than if his + eyes had first opened upon the light of Massachusetts, instead of South + Carolina? Sir, does he suppose it in his power to exhibit a Carolina name + so bright as to produce envy in my bosom? No, sir; increased gratification + and delight, rather. I thank God that, if I am gifted with little of the + spirit which is able to raise mortals to the skies, I have yet none, as I + trust, of that other spirit which would drag angels down. When I shall be + found, sir, in my place here in the Senate, or elsewhere, to sneer at + public merit, because it happens to spring up beyond the little limits of + my own State or neighborhood; when I refuse, for any such cause, or for + any cause, the homage due to American talent, to elevated patriotism, to + sincere devotion to liberty and the country; or, if I see an uncommon + endowment of Heaven, if I see extraordinary capacity and virtue, in any + son of the South; and if, moved by local prejudices or gangrened by State + jealousy, I get up here to abate the tithe of a hair from his just + character and just fame, may my tongue cleave to the roof of my mouth! + </p> + <p> + Sir, let me recur to pleasing recollections; let me indulge in refreshing + remembrances of the past; let me remind you that, in early times, no + States cherished greater harmony, both of principle and feeling, than + Massachusetts and South Carolina. Would to God that harmony might again + return! Shoulder to shoulder they went through the Revolution, hand in + hand they stood round the administration of Washington, and felt his own + great arm lean on them for support. Unkind feeling, if it exist, + alienation, and distrust, are the growth, unnatural to such soils, of + false principles since sown. They are weeds, the seeds of which that same + great arm never scattered. + </p> + <p> + Mr. President, I shall enter upon no encomium of Massachusetts; she needs + none. There she is. Behold her, and judge for yourselves. There is her + history; the world knows it by heart. The past, at least, is secure. There + is Boston, and Concord, and Lexington, and Bunker Hill; and there they + will remain for ever. The bones of her sons, falling in the great struggle + for Independence, now lie mingled with the soil of every State from New + England to Georgia, and there they will lie forever. And, sir, where + American Liberty raised its first voice, and where its youth was nurtured + and sustained, there it still lives, in the strength of its manhood, and + full of its original spirit. If discord and disunion shall wound it, if + party strife and blind ambition shall hawk and tear it, if folly and + madness, if uneasiness under salutary and necessary restraint shall + succeed in separating it from that Union, by which alone its existence is + made sure, it will stand, in the end, by the side of that cradle in which + its infancy was rocked; it will stretch forth its arm with whatever of + vigor it may still retain, over the friends who gather round it; and it + will fall at last, if fall it must, amidst the profoundest monuments of + its own glory, and on the very spot of its origin. + </p> + <p> + There yet remains to be performed, Mr. President, by far the most grave + and important duty which I feel to be devolved upon me by this occasion. + It is to state, and to defend, what I conceive to be the true principles + of the Constitution under which we are here assembled. I might well have + desired that so weighty a task should have fallen into other and abler + hands. I could have wished that it should have been executed by those + whose character and experience give weight and influence to their + opinions, such as cannot possibly belong to mine. But, sir, I have met the + occasion, not sought it; and I shall proceed to state my own sentiments, + without challenging for them any particular regard, with studied + plainness, and as much precision as possible. + </p> + <p> + I understand the honorable gentleman from South Carolina to maintain that + it is a right of the State Legislatures to interfere whenever, in their + judgment, this government transcends its constitutional limits, and to + arrest the operation of its laws. + </p> + <p> + I understand him to maintain this right, as a right existing under the + Constitution, not as a right to overthrow it on the ground of extreme + necessity, such as would justify violent revolution. + </p> + <p> + I understand him to maintain an authority on the part of the States, thus + to interfere, for the purpose of correcting the exercise of power by the + General Government, of checking it and of compelling it to conform to + their opinion of the extent of its powers. + </p> + <p> + I understand him to maintain, that the ultimate power of judging of the + constitutional extent of its own authority is not lodged exclusively in + the General Government, or any branch of it; but that, on the contrary, + 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 + power. + </p> + <p> + I understand him to insist, that, if the exigencies 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. + </p> + <p> + This is the sum of what I understand from him to be the South Carolina + doctrine, and the doctrine which he maintains. I propose to consider it, + and compare it with the Constitution. Allow me to say, as a preliminary + remark, that I call this the South Carolina doctrine only because the + gentleman himself has so denominated it. I do not feel at liberty to say + that South Carolina, as a State, has ever advanced these sentiments. I + hope she has not, and never may. That a great majority of her people are + opposed to the tariff laws, is doubtless true. That a majority, somewhat + less than that just mentioned, conscientiously believe these laws + unconstitutional, may probably also be true. But that any majority holds + to the right of direct State interference at State discretion, the right + of nullifying acts of Congress by acts of State legislation, is more than + I know, and what I shall be slow to believe. + </p> + <p> + That there are individuals besides the honorable gentleman who do maintain + these opinions, is quite certain. I recollect the recent expression of a + sentiment, which circumstances attending its utterance and publication + justify us in supposing was not unpremeditated. "The sovereignty of the + State,—never to be controlled, construed, or decided on, but by her + own feelings of honorable justice." + </p> + <p> + [Mr. HAYNE here rose and said, that, for the purpose of being clearly + understood, he would state that his proposition was in the words of the + Virginia resolution as follows: + </p> + <p> + "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 that 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." + </p> + <p> + Mr. WEBSTER resumed:] + </p> + <p> + I am quite aware, Mr. President, of the existence of the resolution which + the gentleman read, and has now repeated, and that he relies on it as his + authority. I know the source, too, from which it is understood to have + proceeded. I need not say that I have much respect for the constitutional + opinions of Mr. Madison; they would weigh greatly with me always. But + before the authority of his opinion be vouched for the gentleman's + proposition, it will be proper to consider what is the fair interpretation + of that resolution, to which Mr. Madison is understood to have given his + sanction. As the gentleman construes it, it is an authority for him. + Possibly, he may not have adopted the right construction. That resolution + declares, that, in the case of the dangerous exercise of powers not + granted by the General Government, the States may interpose to arrest the + progress of the evil. But how interpose, and what does this declaration + purport? Does it mean no more than that there may be extreme cases, in + which the people, in any mode of assembling, may resist usurpation, and + relieve themselves from a tyrannical government? No one will deny this. + Such resistance is not only acknowledged to be just in America, but in + England also. Blackstone admits as much, in the theory, and practice, too, + of the English Constitution. We, sir, who oppose the Carolina doctrine, do + not deny that the people may, if they choose, throw off any government + when it becomes oppressive and intolerable, and erect a better in its + stead. We all know that civil institutions are established for the public + benefit, and that when they cease to answer the ends of their existence + they may be changed. But I do not understand the doctrine now contended + for to be that, which, for the sake of distinction, we may call the right + of revolution. I understand the gentleman to maintain, that, without + revolution, without civil commotion, without rebellion, a remedy for + supposed abuse and transgression of the powers of the General Government + lies in a direct appeal to the interference of the State governments. + </p> + <p> + [Mr. HAYNE here arose and said: He did not contend for the mere right of + revolution, but for the right of constitutional resistance. What he + maintained was, that in a case of plain, palpable violation of the + Constitution by the General Government, a State may interpose; and that + this interposition is constitutional. + </p> + <p> + Mr. WEBSTER resumed:] + </p> + <p> + So, sir, I understood the gentleman, and am happy to find that I did not + misunderstand him. What he contends for is, that it is constitutional to + interrupt the administration of the Constitution itself, in the hands of + those who are chosen and sworn to administer it, by the direct + interference, in form of law, of the States, in virtue of their sovereign + capacity. The inherent right in the people to reform their government I do + not deny; and they have another right, and that is, to resist + unconstitutional laws, without overturning the government. It is no + doctrine of mine that unconstitutional laws bind the people. The great + question is, Whose prerogative is it to decide on the constitutionality or + unconstitutionality of the laws? On that, the main debate hinges. The + proposition, that, in case of a supposed violation of the Constitution by + Congress, the States have a constitutional right to interfere and annul + the law of Congress is the proposition of the gentleman. I do not admit + it. If the gentleman had intended no more than to assert the right of + revolution for justifiable cause, he would have said only what all agree + to. But I cannot conceive that there can be a middle course, between + submission to the laws, when regularly pronounced constitutional, on the + one hand, and open resistance, which is revolution or rebellion, on the + other. I say, the right of a State to annul a law of Congress cannot be + maintained, but on the ground of the inalienable right of man to resist + oppression; that is to say, upon the ground of revolution. I admit that + there is an ultimate violent remedy, above the Constitution and in + defiance of the Constitution, which may be resorted to when a revolution + is to be justified. But I do not admit, that, under the Constitution and + in conformity with it, there is any mode in which a State government, as a + member of the Union, can interfere and stop the progress of the General + Government, by force of her own laws, under any circumstances whatever. + </p> + <p> + This leads us to inquire into the origin of this government and the source + of its power. Whose agent is it? Is it the creature of the State + Legislatures, or the creature of the people? If the Government of the + United States be the agent of the State governments, then they may control + it, provided they can agree in the manner of controlling it; if it be the + agent of the people, then the people alone can control it, restrain it, + modify, or reform it. It is observable enough, that the doctrine for which + the honorable gentleman contends leads him to the necessity of + maintaining, not only that this General Government is the creature of the + States, but that it is the creature of each of the States, severally, so + that each may assert the power for itself of determining whether it acts + within the limits of its authority. It is the servant of four-and-twenty + masters, of different wills and different purposes, and yet bound to obey + all. This absurdity (for it seems no less) arises from a misconception as + to the origin of this government and its true character. It is, sir, the + people's Constitution, the people's government, made for the people, made + by the people, and answerable to the people. The people of the United + States have declared that this Constitution shall be supreme law. We must + either admit the proposition, or deny their authority. The States are, + unquestionably, sovereign, so far as their sovereignty is not affected by + this supreme law. But the State Legislatures, as political bodies, however + sovereign, are yet not sovereign over the people. So far as the people + have given power to the General Government, so far the grant is + unquestionably good, and the Government holds of the people, and not of + the State governments. We are all agents of the same supreme power, the + people. The General Government and the State governments derive their + authority from the same source. Neither can, in relation to the other, be + called primary, though one is definite and restricted, and the other + general and residuary. The National Government possesses those powers + which it can be shown the people have conferred on it, and no more. All + the rest belongs to the State governments, or to the people themselves. So + far as the people have restrained State sovereignty by the expression of + their will, in the Constitution of the United States, so far, it must be + admitted, State sovereignty is effectually controlled. I do not contend + that it is, or ought to be, controlled farther. The sentiment to which I + have referred propounds that State sovereignty is only to be controlled by + its own "feeling of justice"—that is to say, it is not to be + controlled at all, for one who is to follow his own feelings is under no + legal control. Now, however men may think this ought to be, the fact is + that the people of the United States have chosen to impose control on + State sovereignties. There are those, doubtless, who wish they had been + left without restraint; but the Constitution has ordered the matter + differently. To make war, for instance, is an exercise of sovereignty; but + the Constitution declares that no State shall make war. To coin money is + another exercise of sovereign power; but no State is at liberty to coin + money. Again, the Constitution says that no sovereign State shall be so + sovereign as to make a treaty. These prohibitions, it must be confessed, + are a control on the State sovereignty of South Carolina, as well as of + the other States, which does not arise "from her own feelings of honorable + justice." The opinion referred to, therefore, is in defiance of the + plainest provisions of the Constitution. + </p> + <p> + There are other proceedings of public bodies which have already been + alluded to, and to which I refer again, for the purpose of ascertaining + more fully what is the length and breadth of that doctrine denominated the + Carolina doctrine, which the honorable member has now stood up on this + floor to maintain. In one of them I find it resolved, that "the tariff of + 1828, and every other tariff designed to promote one branch of industry at + the expense of others, is contrary to the meaning and intention of the + federal compact, and such a dangerous, palpable, and deliberate usurpation + of power, by a determined majority, wielding the General Government beyond + the limits of its delegated powers, as calls upon the States which compose + the suffering minority, in their sovereign capacity, to exercise the + powers which, as sovereigns, necessarily devolve upon them when their + contract is violated." + </p> + <p> + Observe, sir, that this resolution holds the tariff of 1828, and every + other tariff designed to promote one branch of industry at the expense of + another, to be such a dangerous, palpable, and deliberate usurpation of + power, as calls upon the States, in their sovereign capacity, to interfere + by their own authority. This denunciation, Mr. President, you will please + to observe, includes our old tariff of 1816, as well as all others; + because that was established to promote the interest of the manufacturers + of cotton, to the manifest and admitted injury of the Calcutta cotton + trade. Observe, again, that all the qualifications are here rehearsed and + charged upon the tariff, which are necessary to bring the case within the + gentleman's proposition. The tariff is a usurpation; it is a dangerous + usurpation; it is a palpable usurpation; it is a deliberate usurpation. It + is such a usurpation, therefore, as calls upon the States to exercise + their right of interference. Here is a case, then, within the gentleman's + principles, and all his qualifications of his principles. It is a case for + action. The Constitution is plainly, dangerously, palpably, and + deliberately violated; and the States must interpose their own authority + to arrest the law. Let us suppose the State of South Carolina to express + the same opinion, by the voice of her Legislature. That would be very + imposing; but what then? It so happens that, at the very moment, when + South Carolina resolves that the tariff laws are unconstitutional, + Pennsylvania and Kentucky resolve exactly the reverse. They hold those + laws to be both highly proper and strictly constitutional. And now, sir, + how does the honorable member propose to deal with this case? How does he + relieve us from this difficulty upon any principle of his? His + construction gets us into it; how does he propose to get us out? + </p> + <p> + In Carolina the tariff is a palpable, deliberate usurpation; Carolina, + therefore, may nullify it, and refuse to pay the duties. In Pennsylvania + it is both clearly constitutional and highly expedient; and there the + duties are to be paid. And yet we live under a government of uniform laws, + and under a constitution, too, which contains an express provision, as it + happens, that all duties shall be equal in all States. Does not this + approach absurdity? + </p> + <p> + If there be no power to settle such questions, independent of either of + the States, is not the whole Union a rope of sand? Are we not thrown back + again precisely upon the old Confederation? + </p> + <p> + It is too plain to be argued. Four-and-twenty interpreters of + constitutional law, each with a power to decide for itself, and none with + authority to bind any body else, and this constitutional law the only bond + of their union! What is such a state of things but a mere connection + during pleasure, or to use the phraseology of the times, during feeling? + And that feeling, too, not the feeling of the people, who established the + Constitution, but the feeling of the State governments. + </p> + <p> + In another of the South Carolina addresses, having premised that the + crisis requires "all the concentrated energy of passion," an attitude of + open resistance to the laws of the Union is advised. Open resistance to + the laws, then, is the constitutional remedy, the conservative power of + the State, which the South Carolina doctrines teach for the redress of + political evils, real or imaginary. And its authors further say, that, + appealing with confidence to the Constitution itself, to justify their + opinions, they cannot consent to try their accuracy by the courts of + justice. In one sense, indeed, sir, this is assuming an attitude of open + resistance in favor of liberty. But what sort of liberty? The liberty of + establishing their own opinions, in defiance of the opinions of all + others; the liberty of judging and deciding exclusively themselves, in a + matter in which others have as much right to judge and decide as they; the + liberty of placing their own opinion above the judgment of all others, + above the laws, and above the Constitution. This is their liberty, and + this is the fair result of the proposition contended for by the honorable + gentleman. Or, it may be more properly said, it is identical with it, + rather than a result from it. * * * + </p> + <p> + Sir, the human mind is so constituted, that the merits of both sides of a + controversy appear very clear, and very palpable, to those who + respectively espouse them; and both sides usually grow clearer as the + controversy advances. South Carolina sees unconstitutionality in the + tariff; she sees oppression there also, and she sees danger. Pennsylvania, + with a vision not less sharp, looks at the same tariff, and sees no such + thing in it; she sees it all constitutional, all useful, all safe. The + faith of South Carolina is strengthened by opposition, and she now not + only sees, but resolves, that the tariff is palpably unconstitutional, + oppressive, and dangerous; but Pennsylvania, not to be behind her + neighbors, and equally willing to strengthen her own faith by a confident + asseveration resolves, also, and gives to every warm affirmative of South + Carolina, a plain, downright, Pennsylvania negative. South Carolina, to + show the strength and unity of her opinion, brings her assembly to a + unanimity, within seven voices; Pennsylvania, not to be outdone in this + respect any more than in others, reduces her dissentient fraction to a + single vote. Now, sir, again, I ask the gentleman, What is to be done? Are + these States both right? Is he bound to consider them both right? If not, + which is in the wrong? or, rather, which has the best right to decide? And + if he, and if I, are not to know what the Constitution means, and what it + is, till those two State legislatures, and the twenty-two others, shall + agree in its construction, what have we sworn to, when we have sworn to + maintain it? I was forcibly struck, sir, with one reflection, as the + gentleman went on in his speech. He quoted Mr. Madison's resolutions, to + prove that a State may interfere, in a case of deliberate, palpable, and + dangerous exercise of a power not granted. The honorable member supposes + the tariff law to be such an exercise of power; and that consequently a + case has arisen in which the State may, if it see fit, interfere by its + own law. Now it so happens, nevertheless, that Mr. Madison 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 authority in a hypothetical case, they reject it in the very + case before them. All this, sir, shows the inherent futility, I had almost + used a stronger word, of conceding this power of interference to the + State, and then attempting to secure it from abuse by imposing + qualifications of which the States themselves are to judge. One of two + things is true; either the laws of the Union are beyond the discretion and + beyond the control of the States; or else we have no constitution of + general government, and are thrust back again to the days of the + Confederation. * * * + </p> + <p> + I must now beg to ask, sir, whence is this supposed right of the States + derived? Where do they find the power to interfere with the laws of the + Union? Sir, the opinion which the honorable gentleman maintains, is a + notion founded in a total misapprehension, in my judgment, of the origin + of this government, and of the foundation on which it stands. I hold it to + be a popular government, erected by the people; those who administer it, + responsible to the people; and itself capable of being amended and + modified, just as the people may choose it should be. It is as popular, + just as truly emanating from the people, as the State governments. It is + created for one purpose; the State governments for another. It has its own + powers; they have theirs. There is no more authority with them to arrest + the operation of a law of Congress, than with Congress to arrest the + operation of their laws. We are here to administer a constitution + emanating immediately from the people, and trusted by them to our + administration. It is not the creature of the State governments. + </p> + <p> + This government, sir, is the independent off-spring of the popular will. + It is not the creature of State legislatures; nay, more, if the whole + truth must be told, the people brought it into existence, 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 contract alliances; they cannot make, + each for itself, separate regulations of commerce; they cannot lay + imposts; 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. + </p> + <p> + The people, then, sir, erected this government. They gave it a + constitution, and in that constitution they have enumerated the powers + which they bestow on it. They have made it a limited government. They have + defined its authority. They have restrained it to the exercise of such + powers as are granted; and all others, they declare, are reserved to the + States, or the people. But, sir, they have not stopped here. If they had, + they would have accomplished but half their work. No definition can be so + clear as to avoid the possibility of doubt; no limitation so precise, as + to exclude all uncertainty. Who, then, shall construe this grant of the + people? Who shall interpret their will, where it may be supposed they have + left it doubtful? With whom do they repose this ultimate right of deciding + on the powers of the government? Sir, they have settled all this in the + fullest manner. They have left it with the government itself, in its + appropriate branches. Sir, the very chief end, the main design, for which + the whole Constitution was framed and adopted, was to establish a + government that should not be obliged to act through State agency, or + depend on State opinion or State discretion. The people had had quite + enough of that kind of government under the Confederation. Under that + system, the legal action, the application of law to individuals, belonged + exclusively to the States. Congress could only recommend; their acts were + not of binding force, till the States had adopted and sanctioned them. Are + we in that condition still? Are we yet at the mercy of State discretion + and State construction? Sir, if we are, then vain will be our attempt to + maintain the Constitution under which we sit. + </p> + <p> + But, sir, the people have wisely provided, in the Constitution itself, a + proper, suitable mode and tribunal for settling questions of + constitutional law. There are in the Constitution grants of powers to + Congress, and restrictions on these powers. There are also prohibitions on + the States. Some authority must, therefore, necessarily exist, having the + ultimate jurisdiction to fix and ascertain the interpretation of these + grants, restrictions, and prohibitions. The Constitution has itself + pointed out, ordained, and established that authority. How has it + accomplished this great and essential end? By declaring, sir, that "the + Constitution and the laws of the United States made in pursuance thereof, + shall be the supreme law of the land, any thing in the Constitution or + laws of any State to the contrary notwithstanding." + </p> + <p> + This, sir, was the first great step. By this the supremacy of the + Constitution and the laws of the United States is declared. The people so + will it. No State law is to be valid which comes in conflict with the + Constitution, or any law of the United States passed in pursuance of it. + But who shall decide this question of interference? To whom lies the last + appeal? This, sir, the Constitution itself decides also, by declaring, + "that the judicial power shall extend to all cases arising under the + Constitution and laws of the United States." These two provisions cover + the whole ground. They are, in truth, the keystone of the arch! With these + it is a government, without them a confederation. 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 effect, + and for bringing all questions of constitutional power to the final + decision of the Supreme Court. It then, sir, became a government. It then + had the means of self-protection; and but for this, it would, in all + probability, have been now among things which are past. Having constituted + the Government, and declared its powers, the people have further said, + that, since somebody must decide on the extent of these powers, the + Government shall itself decide; subject, always, like other popular + governments, to its responsibility to the people. And now, sir, I repeat, + how is it that a State legislature acquires any power to interfere? Who, + or what gives them the right to say to the people: "We, who are your + agents and servants for one purpose, will undertake to decide, that your + other agents and servants, appointed by you for another purpose, have + transcended the authority you gave them!" The reply would be, I think, not + impertinent: "Who made you a judge over another's servants? To their own + masters they stand or fall." + </p> + <p> + Sir, I deny this power of State legislatures altogether. It cannot stand + the test of examination. Gentlemen may say, that, in an extreme case, a + State government may protect the people from intolerable oppression. Sir, + in such a case the people might protect themselves without the aid of the + State governments. Such a case warrants revolution. It must make, when it + comes, a law for itself. A nullifying act of a State legislature cannot + alter the case, nor make resistance any more lawful. In maintaining these + sentiments, sir, I am but asserting the rights of the people. I state what + they have declared, and insist on their right to declare it. + </p> + <p> + They have chosen to repose this power in the General Government, and I + think it my duty to support it like other constitutional powers. + </p> + <p> + For myself, sir, I do not admit the competency of South Carolina or any + other State to prescribe my constitutional duty; or to settle, between me + and the people the validity of laws of Congress for which I have voted. I + decline her umpirage. I have not sworn to support the Constitution + according to her construction of the clauses. I have not stipulated by my + oath of office or otherwise, to come under any responsibility, except to + the people, and those whom they have appointed to pass upon the question, + whether laws, supported by my votes, conform to the Constitution of the + country. And, sir, if we look to the general nature of the case, could any + thing have been more preposterous than to make a government for the whole + Union, and yet leave its powers subject, not to one interpretation, but to + thirteen or twenty-four interpretations? Instead of one tribunal, + established by all, responsible to all, with power to decide for all, + shall constitutional questions be left to four-and-twenty popular bodies, + each at liberty to decide for itself, and none bound to respect the + decisions of others; and each at liberty, too, to give a new constitution + on every new election of its own members? Would any thing, with such a + principle in it, or rather with such a destitution of all principle be fit + to be called a government? No, sir. It should not be denominated a + constitution. It should be called, rather, a collection of topics for + everlasting controversy; heads of debate for a disputatious people. It + would not be a government. It would not be adequate to any practical good, + or fit for any country to live under. + </p> + <p> + To avoid all possibility of being misunderstood, 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 enumerated, specified, and particularized powers; and + that whatsoever is not granted is withheld. But notwithstanding all this, + and however the grant of powers may be expressed, its limit and extent may + yet, in some cases, admit of doubt; and the General Government would be + good for nothing, it would be incapable of long existing, if some mode had + not been provided in which those doubts as they should arise, might be + peaceably but authoritatively solved. + </p> + <p> + And now, Mr. President, let me run the honorable gentleman's doctrine a + little into its practical application. Let us look at his probable <i>modus + operandi</i>. If a thing can be done, an ingenious man can tell how it is + to be done, and I wish to be informed how this State interference is to be + put in practice, without violence, bloodshed, and rebellion. 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 laws, null and void, so far as they + respect South Carolina, or the citizens thereof. So far, all is a paper + transaction, and easy enough. But the collector at Charleston is + collecting the duties imposed by these tariff laws. He, therefore, must be + stopped. The collector will seize the goods if the tariff duties are not + paid. The State authorities will undertake their rescue, the marshal, with + his posse, will come to the collector's aid, and here the contest begins. + The militia of the State will be called out to sustain the nullifying act. + They will march, sir, under a very gallant leader; for I believe the + honorable member himself commands the militia of that part of the State. + He will raise the NULLIFYING ACT on his standard, and spread it out as his + banner! It will have a preamble, setting forth, that the tariff laws are + palpable, deliberate, and dangerous violations of the Constitution! He + will proceed, with this banner flying, to the custom-house in Charleston, + </p> +<pre xml:space="preserve"> + "All the while, + Sonorous metal blowing martial sounds." +</pre> + <p> + Arrived at the custom-house, he will tell the collector that he must + collect no more duties under any of the tariff laws. This he will be + somewhat puzzled to say, by the way, with a grave countenance, considering + what hand South Carolina herself had in that of 1816. But, sir, the + collector would not, probably, desist at his bidding. He would show him + the law of Congress, the treasury instruction, and his own oath of office. + He would say, he should perform his duty, come what come might. + </p> + <p> + Here would ensue a pause; for they say that a certain stillness precedes + the tempest. The trumpeter would hold his breath awhile, and before all + this military array should fall on the custom-house, collector, clerks, + and all, it is very probable some of those composing it would request of + their gallant commander-in-chief to be informed upon a little 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 he has read Blackstone + and the Constitution, as well as Turenne and Vauban. They would ask him, + therefore, somewhat concerning their rights in this matter. They would + inquire whether it was not somewhat dangerous to resist 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 United States, and it should turn out, after all, + that the law was constitutional? He would answer, of course, treason. No + lawyer could give any other answer. John Fries, he would tell them, had + learned that some years ago. "How, then," they would ask, "do you propose + to defend us? We are not afraid of bullets, but treason has a way of + taking people off that we do not much relish. How do you propose to defend + us?" "Look at my floating banner," he would reply; "see there the + nullifying law!" + </p> + <p> + "Is it your opinion, gallant commander," they would then say, "that, if we + should be indicted for treason, that same floating banner of yours would + make a good plea in bar?" "South Carolina is a sovereign State," he would + reply. "That is true; but would the judge admit our plea?" "These tariff + laws," he would repeat, "are unconstitutional, palpably, deliberately, + dangerously." "That may all be so; but if the tribunal 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 + the ground! After all, that is a sort of hemp tax worse than any part of + the tariff." + </p> + <p> + 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 bayonets"; and this is war—civil war. + </p> + <p> + Direct collision, therefore, between force and force, is the unavoidable + result of that remedy for the revision of unconstitutional laws which the + gentleman contends for. It must happen in the very first case to which it + is applied. Is not this the plain result? To resist by force the execution + of a law, generally, is treason. Can the courts of the United States take + notice of the indulgence of a State to commit treason? The common saying, + that a State cannot commit treason herself, is nothing to the purpose. Can + she authorize others to do it? If John Fries had produced an act of + Pennsylvania, annulling the law of Congress, would it have helped his + case? Talk about it as we will, these doctrines go the length of + revolution. They are incompatible with any peaceable administration of the + government. They lead directly to disunion and civil commotion; and + therefore it is, that at their commencement, when they are first found to + be maintained by respectable men, and in a tangible form, I enter my + public protest against them all. + </p> + <p> + The honorable gentleman argues that, if this Government be the sole judge + of the extent of its own powers, whether that right of judging be in + Congress or the Supreme Court, it equally subverts State sovereignty. This + the gentleman sees, or thinks he sees, although he cannot perceive how the + right of judging, in this matter, if left to the exercise of State + legislatures, has any tendency to subvert the government of the Union. The + gentleman's opinion may be, that the right ought not to have been lodged + with the General Government; he may like better such a Constitution as we + should have had under the right of State interference; but I ask him to + meet me on the plain matter of fact. I ask him to meet me on the + Constitution itself. I ask him if the power is not found there, clearly + and visibly found there? + </p> + <p> + But, sir, what is this danger, and what are the grounds of it? Let it be + remembered that the Constitution of the United States is not unalterable. + It is to continue in its present form no longer than the people who + established it shall choose to continue it. If they shall become convinced + that they have made an injudicious or inexpedient partition and + distribution of power between the State governments and the General + Government, they can alter that distribution at will. + </p> + <p> + If any thing be found in the national Constitution, either by original + provision or subsequent interpretation, which ought not to be in it, the + people know how to get rid of it. If any construction, unacceptable to + them, be established so as to become practically a part of the + Constitution, they will amend it, at their own sovereign pleasure. But + while the people choose to maintain it as it is, while they are satisfied + with it, and refuse to change it, who has given, or who can give, to the + legislatures a right to alter it, either by interference, construction, or + otherwise? Gentlemen do not seem to recollect that the people have any + power to do any thing for themselves. They imagine there is no safety for + them, any longer than they are under the close guardianship of the State + legislatures. Sir, the people have not trusted their safety, in regard to + the General Constitution, to these hands. They have required other + security, and taken other bonds. They have chosen to trust themselves, + first, to the plain words of the instrument, and to such construction as + the Government themselves, in doubtful cases, should put on their powers, + under their oaths of office, and subject to their responsibility to them, + just as the people of a State trust to their own governments with a + similar power. Secondly, they have reposed their trust in the efficacy of + frequent elections, and in their own power to remove their own servants + and agents whenever they see cause. + </p> + <p> + Thirdly, they have reposed trust in the judicial power, which, in order + that it might be trustworthy, they have made as respectable, as + disinterested, and as independent as was practicable. Fourthly, they have + seen fit to rely, in case of necessity, or high expediency, on their known + and admitted power to alter or amend the Constitution, peaceably and + quietly, whenever experience shall point out defects or imperfections. + And, finally, the people of the United States have at no time, in no way, + directly or indirectly, authorized any State legislature to construe or + interpret their high instrument of government; much less to interfere, by + their own power, to arrest its course and operation. + </p> + <p> + If, sir, the people in these respects had done otherwise than they have + done, their Constitution could neither have been preserved, nor would it + have been worth preserving. And if its 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 possibly desire. It will exist in every State but as a poor + dependent on State permission. It must borrow leave to be; and will be, no + longer than State pleasure, or State discretion, sees fit to grant the + indulgence, and to prolong its poor existence. + </p> + <p> + But, sir, although there are fears, there are hopes also. The people have + preserved this, their own chosen Constitution, for forty years, and have + seen their happiness, prosperity, and renown grow with its growth, and + strengthen with its strength. They are now, generally, strongly attached + to it. Overthrown by direct assault, it cannot be; evaded, undermined, + NULLIFIED, it will not be, if we, and those who shall succeed us here, as + agents and representatives of the people, shall conscientiously and + vigilantly discharge the two great branches of our public trust, + faithfully to preserve and wisely to administer it. + </p> + <p> + Mr. President, I have thus stated the reasons of my dissent to the + doctrines which have been advanced and maintained. I am conscious of + having detained you and the Senate much too 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. But it is a subject of which my heart + is full, and I have not been willing to suppress the 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 nothing less than the union of the States, it is of most vital + and essential importance to the public happiness. I profess, sir, in my + career hitherto, to have kept steadily in view the 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 + makes us most proud of our country. That Union we reached only by the + discipline of our virtues in the severe school of adversity. It had its + origin in the necessities of disordered finance, prostrate commerce, and + ruined credit. Under its benign influences, these great interests + immediately awoke, as from the dead, and sprang forth with newness of + life. Every year of its duration has teemed with fresh proofs of its + utility and its blessings; and although our territory has stretched out + wider and wider, and our population spread farther and farther, they have + not outrun its protection or its benefits. It has been to us all a copious + fountain of national, social, and personal happiness. + </p> + <p> + I have not allowed myself, sir, to look beyond 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 that unite us together shall + be broken asunder. I have not accustomed myself to hang over the precipice + of disunion, to see whether, with my short sight, I can fathom the depth + of the abyss below; nor could I regard him as a safe counsellor in the + affairs of this Government, whose thoughts should be mainly bent on + considering, not how the Union may be best preserved, but how tolerable + might be the condition of the people when it should be broken up and + destroyed. While the Union lasts we have high, exciting, gratifying + prospects spread out before us, for us and our children. Beyond that I + seek not to penetrate the veil. God grant that in my day at least that + curtain may not rise! God grant that on my vision never may be opened what + lies behind! 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 dishonored + 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 through-out the + earth, still full high advanced, its arms and trophies streaming in their + original lustre, not a stripe erased or polluted, not a single star + obscured, bearing for its motto, no such miserable interrogotary as "What + is all this worth?" nor those other words of delusion and folly, "Liberty + first and Union afterward"; but everywhere, spread all over in characters + of living light, blazing on 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! + </p> + <p> + <a name="link2H_4_0023" id="link2H_4_0023"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JOHN C. CALHOUN + </h2> + <h3> + —OF SOUTH CAROLINA. (BORN 1782, DIED 1850.) + </h3> + <p> + ON NULLIFICATION AND THE FORCE BILL, IN THE UNITED STATES SENATE, FEB. 15, + 1833. MR. PRESIDENT: + </p> + <p> + At the last session of Congress, it was avowed on all sides that the + public debt, as to all practical purposes, was in fact paid, the small + surplus remaining being nearly covered by the money in the Treasury and + the bonds for duties which had already accrued; but with the arrival of + this event our last hope was doomed to be disappointed. After a long + session of many months, and the most earnest effort on the part of South + Carolina and the other Southern States to obtain relief, all that could be + effected was a small reduction in the amount of the duties, but a + reduction of such a character that, while it diminished the amount of + burden, it distributed that burden more unequally than even the obnoxious + act of 1828; reversing the principle adopted by the bill of 1816, of + laying higher duties on the unprotected than the protected articles, by + repealing almost entirely the duties laid upon the former, and imposing + the burden almost entirely on the latter. It was thus that, instead of + relief—instead of an equal distribution of burdens and benefits of + the government, on the payment of the debt, as had been fondly + anticipated,—the duties were so arranged as to be, in fact, bounties + on one side and taxation on the other; thus placing the two great sections + of the country in direct conflict in reference to its fiscal action, and + thereby letting in that flood of political corruption which threatens to + sweep away our Constitution and our liberty. + </p> + <p> + This unequal and unjust arrangement was pronounced, both by the + administration, through its proper organ, the Secretary of the Treasury, + and by the opposition, to be a permanent adjustment; and it was thus that + all hope of relief through the action of the General Government + terminated; and the crisis so long apprehended at length arrived, at which + the State was compelled to choose between absolute acquiescence in a + ruinous system of oppression, or a resort to her reserved powers—powers + of which she alone was the rightful judge, and which only, in this + momentous juncture, could save her. She determined on the latter. + </p> + <p> + The consent of two thirds of her Legislature was necessary for the call of + a convention, which was considered the only legitimate organ through which + the people, in their sovereignty, could speak. After an arduous struggle + the States-right party succeeded; more than two thirds of both branches of + the Legislature favorable to a convention were elected; a convention was + called—the ordinance adopted. The convention was succeeded by a + meeting of the Legislature, when the laws to carry the ordinance into + execution were enacted—all of which have been communicated by the + President, have been referred to the Committee on the Judiciary, and this + bill is the result of their labor. + </p> + <p> + Having now corrected some of the prominent misrepresentations as to the + nature of this controversy, and given a rapid sketch of the movement of + the State in reference to it, I will next proceed to notice some + objections connected with the ordinance and the proceedings under it. + </p> + <p> + The first and most prominent of these is directed against what is called + the test oath, which an effort has been made to render odious. So far from + deserving the denunciation that has been levelled against it, I view this + provision of the ordinance as but the natural result of the doctrines + entertained by the State, and the position which she occupies. The people + of Carolina believe that the Union is a union of States, and not of + individuals; that it was formed by the States, and that the citizens of + the several States were bound to it through the acts of their several + States; that each State ratified the Constitution for itself, and that it + was only by such ratification of a State that any obligation was imposed + upon its citizens. Thus believing, it is the opinion of the people of + Carolina that it belongs to the State which has imposed the obligation to + declare, in the last resort, the extent of this obligation, as far as her + citizens are concerned; and this upon the plain principles which exist in + all analogous cases of compact between sovereign bodies. On this principle + the people of the State, acting in their sovereign capacity in convention, + precisely as they did in the adoption of their own and the Federal + Constitution, have declared, by the ordinance, that the acts of Congress + which imposed duties under the authority to lay imposts, were acts not for + revenue, as intended by the Constitution, but for protection, and + therefore null and void. The ordinance thus enacted by the people of the + State themselves, acting as a sovereign community, is as obligatory on the + citizens of the State as any portion of the Constitution. In prescribing, + then, the oath to obey the ordinance, no more was done than to prescribe + an oath to obey the Constitution. It is, in fact, but a particular oath of + allegiance, and in every respect similar to that which is prescribed, + under the Constitution of the United States, to be administered to all the + officers of the State and Federal Governments; and is no more deserving + the harsh and bitter epithets which have been heaped upon it than that or + any similar oath. It ought to be borne in mind that, according to the + opinion which prevails in Carolina, the right of resistance to the + unconstitutional acts of Congress belongs to the State, and not to her + individual citizens; and that, though the latter may, in a mere question + of <i>meum</i> and <i>tuum</i>, resist through the courts an + unconstitutional encroachment upon their rights, yet the final stand + against usurpation rests not with them, but with the State of which they + are members; and such act of resistance by a State binds the conscience + and allegiance of the citizen. But there appears to be a general + misapprehension as to the extent to which the State has acted under this + part of the ordinance. Instead of sweeping every officer by a general + proscription of the minority, as has been represented in debate, as far as + my knowledge extends, not a single individual has been removed. The State + has, in fact, acted with the greatest tenderness, all circumstances + considered, toward citizens who differed from the majority; and, in that + spirit, has directed the oath to be administered only in the case of some + official act directed to be performed in which obedience to the ordinance + is involved. * * *' + </p> + <p> + It is next objected that the enforcing acts, have legislated the United + States out of South Carolina. I have already replied to this objection on + another occasion, and will now but repeat what I then said: that they have + been legislated out only to the extent that they had no right to enter. + The Constitution has admitted the jurisdiction of the United States within + the limits of the several States only so far as the delegated powers + authorize; beyond that they are intruders, and may rightfully be expelled; + and that they have been efficiently expelled by the legislation of the + State through her civil process, as has been acknowledged on all sides in + the debate, is only a confirmation of the truth of the doctrine for which + the majority in Carolina have contended. + </p> + <p> + The very point at issue between the two parties there is, whether + nullification is a peaceful and an efficient remedy against an + unconstitutional act of the General Government, and may be asserted, as + such, through the State tribunals. Both parties agree that the acts + against which it is directed are unconstitutional and oppressive. The + controversy is only as to the means by which our citizens may be protected + against the acknowledged encroachments on their rights. This being the + point at issue between the parties, and the very object of the majority + being an efficient protection of the citizens through the State tribunals, + the measures adopted to enforce the ordinance, of course received the most + decisive character. We were not children, to act by halves. Yet for acting + thus efficiently the State is denounced, and this bill reported, to + overrule, by military force, the civil tribunal and civil process of the + State! Sir, I consider this bill, and the arguments which have been urged + on this floor in its support, as the most triumphant acknowledgment that + nullification is peaceful and efficient, and so deeply intrenched in the + principles of our system, that it cannot be assailed but by prostrating + the Constitution, and substituting the supremacy of military force in lieu + of the supremacy of the laws. In fact, the advocates of this bill refute + their own argument. They tell us that the ordinance is unconstitutional; + that it infracts the constitution of South Carolina, although, to me, the + objection appears absurd, as it was adopted by the very authority which + adopted the constitution itself. They also tell us that the Supreme Court + is the appointed arbiter of all controversies between a State and the + General Government. Why, then, do they not leave this controversy to that + tribunal? Why do they not confide to them the abrogation of the ordinance, + and the laws made in pursuance of it, and the assertion of that supremacy + which they claim for the laws of Congress? The State stands pledged to + resist no process of the court. Why, then, confer on the President the + extensive and unlimited powers provided in this bill? Why authorize him to + use military force to arrest the civil process of the State? But one + answer can be given: That, in a contest between the State and the General + Government, if the resistance be limited on both sides to the civil + process, the State, by its inherent sovereignty, standing upon its + reserved powers, will prove too powerful in such a controversy, and must + triumph over the Federal Government, sustained by its delegated and + limited authority; and in this answer we have an acknowledgment of the + truth of those great principles for which the State has so firmly and + nobly contended. * * * + </p> + <p> + Notwithstanding all that has been said, I may say that neither the Senator + from Delaware (Mr. Clayton), nor any other who has spoken on the same + side, has directly and fairly met the great question at issue: Is this a + Federal Union? a union of States, as distinct from that of individuals? Is + the sovereignty in the several States, or in the American people in the + aggregate? The very language which we are compelled to use when speaking + of our political institutions, affords proof conclusive as to its real + character. The terms union, federal, united, all imply a combination of + sovereignties, a confederation of States. They never apply to an + association of individuals. Who ever heard of the United State of New + York, of Massachusetts, or of Virginia? Who ever heard the term federal or + union applied to the aggregation of individuals into one community? Nor is + the other point less clear—that the sovereignty is in the several + States, and that our system is a union of twenty-four sovereign powers, + under a constitutional compact, and not of a divided sovereignty between + the States severally and the United States? In spite of all that has been + said, I maintain that sovereignty is in its nature indivisible. It is the + supreme power in a State, and we might just as well speak of half a + square, or half of a triangle, as of half a sovereignty. It is a gross + error to confound the exercise of sovereign powers with sovereignty + itself, or the delegation of such powers with the surrender of them. A + sovereign may delegate his powers to be exercised by as many agents as he + may think proper, under such conditions and with such limitations as he + may impose; but to surrender any portion of his sovereignty to another is + to annihilate the whole. The Senator from Delaware (Mr. Clayton) calls + this metaphysical reasoning, which he says he cannot comprehend. If by + metaphysics he means that scholastic refinement which makes distinctions + without difference, no one can hold it in more utter contempt than I do; + but if, on the contrary, he means the power of analysis and combination—that + power which reduces the most complex idea into its elements, which traces + causes to their first principle, and, by the power of generalization and + combination, unites the whole in one harmonious system—then, so far + from deserving contempt, it is the highest attribute of the human mind. It + is the power which raises man above the brute—which distinguishes + his faculties from mere sagacity, which he holds in common with inferior + animals. It is this power which has raised the astronomer from being a + mere gazer at the stars to the high intellectual eminence of a Newton or a + Laplace, and astronomy itself from a mere observation of insulated facts + into that noble science which displays to our admiration the system of the + universe. And shall this high power of the mind, which has effected such + wonders when directed to the laws which control the material world, be + forever prohibited, under a senseless cry of metaphysics, from being + applied to the high purposes of political science and legislation? I hold + them to be subject to laws as fixed as matter itself, and to be as fit a + subject for the application of the highest intellectual power. + Denunciation may, indeed fall upon the philosophical inquirer into these + first principles, as it did upon Galileo and Bacon, when they first + unfolded the great discoveries which have immortalized their names; but + the time will come when truth will prevail in spite of prejudice and + denunciation, and when politics and legislation will be considered as much + a science as astronomy and chemistry. + </p> + <p> + In connection with this part of the subject, I understood the Senator from + Virginia (Mr. Rives) to say that sovereignty was divided, and that a + portion remained with the States severally, and that the residue was + vested in the Union. By Union, I suppose the Senator meant the United + States. If such be his meaning—if he intended to affirm that the + sovereignty was in the twenty-four States, in whatever light he may view + them, our opinions will not disagree; but according to my conception, the + whole sovereignty is in the several States, while the exercise of + sovereign power is divided—a part being exercised under compact, + through this General Government, and the residue through the separate + State Governments. But if the Senator from Virginia (Mr. Rives) means to + assert that the twenty-four States form but one community, with a single + sovereign power as to the objects of the Union, it will be but the revival + of the old question, of whether the Union is a union between States, as + distinct communities, or a mere aggregate of the American people, as a + mass of individuals; and in this light his opinions would lead directly to + consolidation. * * * + </p> + <p> + Disguise it as you may, the controversy is one between power and liberty; + and I tell the gentlemen who are opposed to me, that, as strong as may be + the love of power on their side, the love of liberty is still stronger on + ours. History furnishes many instances of similar struggles, where the + love of liberty has prevailed against power under every disadvantage, and + among them few more striking than that of our own Revolution; where, as + strong as was the parent country, and feeble as were the colonies, yet, + under the impulse of liberty, and the blessing of God, they gloriously + triumphed in the contest. There are, indeed, many striking analogies + between that and the present controversy. They both originated + substantially in the same cause—with this difference—in the + present case, the power of taxation is converted into that of regulating + industry; in the other, the power of regulating industry, by the + regulation of commerce, was attempted to be converted into the power of + taxation. Were I to trace the analogy further, we should find that the + perversion of the taxing power, in the one case, has given precisely the + same control to the Northern section over the industry of the Southern + section of the Union, which the power to regulate commerce gave to Great + Britain over the industry of the colonies in the other; and that the very + articles in which the colonies were permitted to have a free trade, and + those in which the mother-country had a monopoly, are almost identically + the same as those in which the Southern States are permitted to have a + free trade by the act of 1832, and in which the Northern States have, by + the same act, secured a monopoly. The only difference is in the means. In + the former, the colonies were permitted to have a free trade with all + countries south of Cape Finisterre, a cape in the northern part of Spain; + while north of that, the trade of the colonies was prohibited, except + through the mother-country, by means of her commercial regulations. If we + compare the products of the country north and south of Cape Finisterre, we + shall find them almost identical with the list of the protected and + unprotected articles contained in the list of last year. Nor does the + analogy terminate here. The very arguments resorted to at the commencement + of the American Revolution, and the measures adopted, and the motives + assigned to bring on that contest (to enforce the law), are almost + identically the same. + </p> + <p> + But to return from this digression to the consideration of the bill. + Whatever difference of opinion may exist upon other points, there is one + on which I should suppose there can be none; that this bill rests upon + principles which, if carried out, will ride over State sovereignties, and + that it will be idle for any advocates hereafter to talk of State rights. + The Senator from Virginia (Mr. Rives) says that he is the advocate of + State rights; but he must permit me to tell him that, although he may + differ in premises from the other gentlemen with whom he acts on this + occasion, yet, in supporting this bill, he obliterates every vestige of + distinction between him and them, saving only that, professing the + principles of '98, his example will be more pernicious than that of the + most open and bitter opponent of the rights of the States. I will also + add, what I am compelled to say, that I must consider him (Mr. Rives) as + less consistent than our old opponents, whose conclusions were fairly + drawn from their premises, while his premises ought to have led him to + opposite conclusions. The gentleman has told us that the new-fangled + doctrines, as he chooses to call them, have brought State rights into + disrepute. I must tell him, in reply, that what he calls new-fangled are + but the doctrines of '98; and that it is he (Mr. Rives), and others with + him, who, professing these doctrines, have degraded them by explaining + away their meaning and efficacy. He (Mr. R.) has disclaimed, in behalf of + Virginia, the authorship of nullification. I will not dispute that point. + If Virginia chooses to throw away one of her brightest ornaments, she must + not hereafter complain that it has become the property of another. But + while I have, as a representative of Carolina, no right to complain of the + disavowal of the Senator from Virginia, I must believe that he (Mr. R.) + has done his native State great injustice by declaring on this floor, that + when she gravely resolved, in '98, that "in cases of deliberate and + dangerous infractions of the Constitution, the States, as parties to the + compact, have the right, and are in duty bound, to interpose to arrest the + progress of the evil, and to maintain within their respective limits the + authorities, rights, and liberties appertaining to them," she meant no + more than to proclaim the right to protest and to remonstrate. To suppose + that, in putting forth so solemn a declaration, which she afterward + sustained by so able and elaborate an argument, she meant no more than to + assert what no one had ever denied, would be to suppose that the State had + been guilty of the most egregious trifling that ever was exhibited on so + solemn an occasion. + </p> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THOMAS H. BENTON, + </h2> + <h3> + OF MISSOURI (BORN 1782, DIED 1858.) + </h3> + <p> + ON THE EXPUNGING RESOLUTION —UNITED STATES SENATE, JANUARY 12, 1837 + MR. PRESIDENT: + </p> + <p> + It is now near three years since the resolve was adopted by the Senate, + which it is my present motion to expunge from the journal. At the moment + that this resolve was adopted, I gave notice of my intention to move to + expunge it; and then expressed my confident belief that the motion would + eventually prevail. That expression of confidence was not an ebullition of + vanity, or a presumptuous calculation, intended to accelerate the event it + affected to foretell. It was not a vain boast, or an idle assumption, but + was the result of a deep conviction of the injustice done President + Jackson, and a thorough reliance upon the justice of the American people. + I felt that the President had been wronged; and my heart told me that this + wrong would be redressed! The event proves that I was not mistaken. The + question of expunging this resolution has been carried to the people, and + their decision has been had upon it. They decide in favor of the + expurgation; and their decision has been both made and manifested, and + communicated to us in a great variety of ways. A great number of States + have expressly instructed their senators to vote for this expurgation. A + very great majority of the States have elected senators and + representatives to Congress, upon the express ground of favoring this + expurgation. The Bank of the United States, which took the initiative in + the accusation against the President, and furnished the material, and + worked the machinery which was used against him, and which was then so + powerful on this floor, has become more and more odious to the public + mind, and musters now but a slender phalanx of friends in the two Houses + of Congress. The late Presidential election furnishes additional evidence + of public sentiment. The candidate who was the friend of President + Jackson, the supporter of his administration, and the avowed advocate for + the expurgation, has received a large majority of the suffrages of the + whole Union, and that after an express declaration of his sentiments on + this precise point. The evidence of the public will, exhibited in all + these forms, is too manifest to be mistaken, too explicit to require + illustration, and too imperative to be disregarded. Omitting details and + specific enumeration of proofs, I refer to our own files for the + instructions to expunge,—to the complexion of the two Houses for the + temper of the people,—to the denationalized condition of the Bank of + the United States for the fate of the imperious accuser,—and to the + issue of the Presidential election for the answer of the Union. + </p> + <p> + All these are pregnant proofs of the public will, and the last + preeminently so: because, both the question of the expurgation, and the + form of the process, were directly put in issue upon it. * * * + </p> + <p> + Assuming, then, that we have ascertained the will of the people on this + great question, the inquiry presents itself, how far the expression of + that will ought to be conclusive of our action here. I hold that it ought + to be binding and obligatory upon us; and that, not only upon the + principles of representative government, which requires obedience to the + known will of the people, but also in conformity to the principles upon + which the proceeding against President Jackson was conducted when the + sentence against him was adopted. Then everything was done with especial + reference to the will of the people. Their impulsion was assumed to be the + sole motive to action; and to them the ultimate verdict was expressly + referred. The whole machinery of alarm and pressure—every engine of + political and moneyed power—was put in motion, and worked for many + months, to excite the people against the President; and to stir up + meetings, memorials, petitions, travelling committees, and distress + deputations against him; and each symptom of popular discontent was hailed + as an evidence of public will, and quoted here as proof that the people + demanded the condemnation of the President. Not only legislative + assemblies, and memorials from large assemblies, were then produced here + as evidence of public opinion, but the petitions of boys under age, the + remonstrances of a few signers, and the results of the most inconsiderable + elections were ostentatiously paraded and magnified, as the evidence of + the sovereign will of our constituents. Thus, sir, the public voice was + everything, while that voice, partially obtained through political and + pecuniary machinations, was adverse to the President. Then the popular + will was the shrine at which all worshipped. Now, when that will is + regularly, soberly, repeatedly, and almost universally expressed through + the ballot-boxes, at the various elections, and turns out to be in favor + of the President, certainly no one can disregard it, nor otherwise look at + it than as the solemn verdict of the competent and ultimate tribunal upon + an issue fairly made up, fully argued, and duly submitted for decision. As + such verdict, I receive it. As the deliberate verdict of the sovereign + people, I bow to it. I am content. I do not mean to reopen the case nor to + re-commence the argument. I leave that work to others, if any others + choose to perform it. For myself, I am content; and, dispensing with + further argument, I shall call for judgment, and ask to have execution + done, upon that unhappy journal, which the verdict of millions of freemen + finds guilty of bearing on its face an untrue, illegal, and + unconstitutional sentence of condemnation against the approved President + of the Republic. + </p> + <p> + But, while declining to reopen the argument of this question, and refusing + to tread over again the ground already traversed, there is another and a + different task to perform; one which the approaching termination of + President Jackson's administration makes peculiarly proper at this time, + and which it is my privilege, and perhaps my duty, to execute, as being + the suitable conclusion to the arduous contest in which we have been so + long engaged. I allude to the general tenor of his administration, and to + its effect, for good or for evil, upon the condition of his country. This + is the proper time for such a view to be taken. The political existence of + this great man now draws to a close. In little more than forty days he + ceases to be an object of political hope to any, and should cease to be an + object of political hate, or envy, to all. Whatever of motive the servile + and time-serving might have found in his exalted station for raising the + altar of adulation, and burning the incense of praise before him, that + motive can no longer exist. The dispenser of the patronage of an empire, + the chief of this great confederacy of States, is soon to be a private + individual, stripped of all power to reward, or to punish. His own + thoughts, as he has shown us in the concluding paragraph of that message + which is to be the last of its kind that we shall ever receive from him, + are directed to that beloved retirement from which he was drawn by the + voice of millions of freemen, and to which he now looks for that interval + of repose which age and infirmities require. Under these circumstances, he + ceases to be a subject for the ebullition of the passions, and passes into + a character for the contemplation of history. Historically, then, shall I + view him; and limiting this view to his civil administration, I demand, + where is there a chief magistrate of whom so much evil has been predicted, + and from whom so much good has come? Never has any man entered upon the + chief magistracy of a country under such appalling predictions of ruin and + woe! never has any one been so pursued with direful prognostications! + never has any one been so beset and impeded by a powerful combination of + political and moneyed confederates! never has any one in any country where + the administration of justice has risen above the knife or the bowstring, + been so lawlessly and shamelessly tried and condemned by rivals and + enemies, without hearing, without defence, without the forms of law and + justice! History has been ransacked to find examples of tyrants + sufficiently odious to illustrate him by comparison. Language has been + tortured to find epithets sufficiently strong to paint him in description. + Imagination has been exhausted in her efforts to deck him with revolting + and inhuman attributes. Tyrant, despot, usurper; destroyer of the + liberties of his country; rash, ignorant, imbecile; endangering the public + peace with all foreign nations; destroying domestic prosperity at home; + ruining all industry, all commerce, all manufactures; annihilating + confidence between man and man; delivering up the streets of populous + cities to grass and weeds, and the wharves of commercial towns to the + encumbrance of decaying vessels; depriving labor of all reward; depriving + industry of all employment; destroying the currency; plunging an innocent + and happy people from the summit of felicity to the depths of misery, + want, and despair. Such is the faint outline, followed up by actual + condemnation, of the appalling denunciations daily uttered against this + one MAN, from the moment he became an object of political competition, + down to the concluding moment of his political existence. + </p> + <p> + The sacred voice of inspiration has told us that there is a time for all + things. There certainly has been a time for every evil that human nature + admits of to be vaticinated of President Jackson's administration; equally + certain the time has now come for all rational and well-disposed people to + compare the predictions with the facts, and to ask themselves if these + calamitous prognostications have been verified by events? Have we peace, + or war, with foreign nations? Certainly, we have peace with all the world! + peace with all its benign, and felicitous, and beneficent influences! Are + we respected, or despised abroad? Certainly the American name never was + more honored throughout the four quarters of the globe than in this very + moment. Do we hear of indignity or outrage in any quarter? of merchants + robbed in foreign ports? of vessels searched on the high seas? of American + citizens impressed into foreign service? of the national flag insulted + anywhere? On the contrary, we see former wrongs repaired; no new ones + inflicted. France pays twenty-five millions of francs for spoliations + committed thirty years ago; Naples pays two millions one hundred thousand + ducats for wrongs of the same date; Denmark pays six hundred and fifty + thousand rix-dollars for wrongs done a quarter of a century ago; Spain + engages to pay twelve millions of reals vellon for injuries of fifteen + years' date; and Portugal, the last in the list of former aggressors, + admits her liability and only waits the adjustment of details to close her + account by adequate indemnity. So far from war, insult, contempt, and + spoliation from abroad, this denounced administration has been the season + of peace and good will and the auspicious era of universal reparation. So + far from suffering injury at the hands of foreign powers, our merchants + have received indemnities for all former injuries. It has been the day of + accounting, of settlement, and of retribution. The total list of + arrearages, extending through four successive previous administrations, + has been closed and settled up. The wrongs done to commerce for thirty + years back, and under so many different Presidents, and indemnities + withheld from all, have been repaired and paid over under the beneficent + and glorious administration of President Jackson. But one single instance + of outrage has occurred, and that at the extremities of the world, and by + a piratical horde, amenable to no law but the law of force. The Malays of + Sumatra committed a robbery and massacre upon an American vessel. + Wretches! they did not then know that JACKSON was President of the United + States! and that no distance, no time, no idle ceremonial of treating with + robbers and assassins, was to hold back the arm of justice. Commodore + Downes went out. His cannon and his bayonets struck the outlaws in their + den. They paid in terror and in blood for the outrage which was committed; + and the great lesson was taught to these distant pirates—to our + antipodes themselves,—that not even the entire diameter of this + globe could protect them, and that the name of American citizen, like that + of Roman citizen in the great days of the Republic and of the empire, was + to be the inviolable passport of all that wore it throughout the whole + extent of the habitable world. * * * + </p> + <p> + From President Jackson, the country has first learned the true theory and + practical intent of the Constitution, in giving to the Executive a + qualified negative on the legislative power of Congress. Far from being an + odious, dangerous, or kingly prerogative, this power, as vested in the + President, is nothing but a qualified copy of the famous veto power vested + in the tribunes of the people among the Romans, and intended to suspend + the passage of a law until the people themselves should have time to + consider it? The qualified veto of the President destroys nothing; it only + delays the passage of a law, and refers it to the people for their + consideration and decision. It is the reference of a law, not to a + committee of the House, or of the whole House, but to the committee of the + whole Union. It is a recommitment of the bill to the people, for them to + examine and consider; and if, upon this examination, they are content to + pass it, it will pass at the next session. The delay of a few months is + the only effect of a veto, in a case where the people shall ultimately + approve a law; where they do not approve it, the interposition of the veto + is the barrier which saves them the adoption of a law, the repeal of which + might afterwards be almost impossible. The qualified negative is, + therefore, a beneficent power, intended as General Hamilton expressly + declares in the Federalist, to protect, first, the executive department + from the encroachments of the legislative department; and, secondly, to + preserve the people from hasty, dangerous, or criminal legislation on the + part of their representatives. This is the design and intention of the + veto power; and the fear expressed by General Hamilton was, that + Presidents, so far from exercising it too often, would not exercise it as + often as the safety of the people required; that they might lack the moral + courage to stake themselves in opposition to a favorite measure of the + majority of the two Houses of Congress; and thus deprive the people, in + many instances, of their right to pass upon a bill before it becomes a + final law. The cases in which President Jackson has exercised the veto + power have shown the soundness of these observations. No ordinary + President would have staked himself against the Bank of the United States + and the two Houses of Congress in 1832. It required President Jackson to + confront that power—to stem that torrent—to stay the progress + of that charter, and to refer it to the people for their decision. His + moral courage was equal to the crisis. He arrested the charter until it + could be got to the people, and they have arrested it forever. Had he not + done so, the charter would have become law, and its repeal almost + impossible. The people of the whole Union would now have been in the + condition of the people of Pennsylvania, bestrode by the monster, in daily + conflict with him, and maintaining a doubtful contest for supremacy + between the government of a State and the directory of a moneyed + corporation. + </p> + <p> + Sir, I think it right, in approaching the termination of this great + question, to present this faint and rapid sketch of the brilliant, + beneficent, and glorious administration of President Jackson. It is not + for me to attempt to do it justice; it is not for ordinary men to attempt + its history. His military life, resplendent with dazzling events, will + demand the pen of a nervous writer; his civil administration, replete with + scenes which have called into action so many and such various passions of + the human heart, and which has given to native sagacity so many victories + over practised politicians, will require the profound, luminous, and + philosophical conceptions of a Livy, a Plutarch, or a Sallust. This + history is not to be written in our day. The contemporaries of such events + are not the hands to describe them. Time must first do its office—must + silence the passions, remove the actors, develop consequences, and + canonize all that is sacred to honor, patriotism, and glory. In after ages + the historic genius of our America shall produce the writers which the + subject demands—men far removed from the contests of this day, who + will know how to estimate this great epoch, and how to acquire an + immortality for their own names by painting, with a master's hand, the + immortal events of the patriot President's life. + </p> + <p> + And now, sir, I finish the task which, three years ago, I imposed on + myself. Solitary and alone, and amidst the jeers and taunts of my + opponents, I put this ball in motion. The people have taken it up, and + rolled it forward, and I am no longer anything but a unit in the vast mass + which now propels it. In the name of that mass I speak. I demand the + execution of the edict of the people; I demand the expurgation of that + sentence which the voice of a few senators, and the power of their + confederate, the Bank of the United States, has caused to be placed on the + journal of the Senate; and which the voice of millions of freemen has + ordered to be expunged from it. + </p> + <div style="height: 6em;"> + <br /><br /><br /><br /><br /><br /> + </div> +<pre xml:space="preserve"> + + + + + +End of Project Gutenberg's American Eloquence, Volume I. 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(of 4), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: American Eloquence, Volume I. (of 4) + Studies In American Political History (1896) + +Author: Various + +Release Date: March 17, 2005 [EBook #15391] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK AMERICAN ELOQUENCE, I. *** + + + + +Produced by David Widger + + + + + +AMERICAN ELOQUENCE + +STUDIES IN AMERICAN POLITICAL HISTORY + + +Edited with Introduction by Alexander Johnston + +Reedited by James Albert Woodburn + + +Volume I (of 4) + + + + +CONTENTS. + + +PREFACE + +INTRODUCTORY + + + +I--COLONIALISM. + + +THE FORMATION OF THE CONSTITUTION + +JAMES OTIS + +PATRICK HENRY + +SAMUEL ADAMS + +ALEXANDER HAMILTON + +JAMES MADISON + + + +II--CONSTITUTIONAL GOVERNMENT. + +ALBERT GALLATIN + +FISHER AMES + +JOHN NICHOLAS + + + +III.-THE RISE OF DEMOCRACY. + +THOMAS JEFFERSON + +JOHN RANDOLPH + +JOSIAH QUINCY + +HENRY CLAY + + + +IV.--THE RISE OF NATIONALITY. + +ROBERT Y. HAYNE + +DANIEL WEBSTER + +JOHN C. CALHOUN + +THOMAS H. BENTON + + + + + +LIST OF PORTRAITS. + +VOL. I. + +ALEXANDER HAMILTON -- Frontispiece From a painting by COL. J. TRUMBULL. + +PATRICK HENRY From a painting by JAMES B. LONGACRE. + +SAMUEL ADAMS From a steel engraving. + +JAMES MADISON From a painting by GILBERT STUART. + +FISHER AMES From a painting by GILBERT STUART. + +THOMAS JEFFERSON From a painting by GILBERT STUART. + +JOHN RANDOLPH. + + + + +PREFACE TO THE REVISED EDITION. + +In offering to the public a revised edition of Professor Johnston's +American Eloquence, a brief statement may be permitted of the changes +and additions involved in the revision. In consideration of the favor +with which the compilation of Professor Johnston had been received, and +of its value to all who are interested in the study of American history, +the present editor has deemed it wise to make as few omissions as +possible from the former volumes. The changes have been chiefly in the +way of additions. The omission, from the first volume, of Washington's +Inaugural and President Nott's oration on the death of Hamilton is the +result, not of a depreciation of the value of these, but of a desire to +utilize the space with selections and subjects which are deemed more +directly valuable as studies in American political history. Madison's +speech on the adoption of the Constitution, made before the Virginia +Convention, is substituted for one of Patrick Henry's on the same +occasion. Madison's is a much more valuable discussion of the issues and +principles involved, and, besides, the volume has the advantage of +Henry's eloquence when he was at his best, at the opening of the +American Revolution. In compensation for the omissions there are added +selections, one each from Otis, Samuel Adams, Gallatin, and Benton. The +completed first volume, therefore, offers to the student of American +political history chapters from the life and work of sixteen +representative orators and statesmen of America. + +In addition to the changes made in the selections, the editor has added +brief biographical sketches, references, and textual and historical +notes which, it is hoped, will add to the educational value of the +volumes, as well as to the interest and intelligence with which the +casual reader may peruse the speeches. + +As a teacher of American history, I have found no more luminous texts on +our political history than the speeches of the great men who have been +able, in their discussions of public questions, to place before us a +contemporary record of the history which they themselves were helping to +make. To the careful student the secondary authorities can never supply +the place of the great productions, the messages and speeches, which +historic occasions have called forth. The earnest historical reader will +approach these orations, not with the design of regarding then merely as +specimens of eloquence or as studies in language, but as indicating the +great subjects and occasions of our political history and the spirit and +motives of the great leaders of that history. The orations lead the +student to a review of the great struggles in which the authors were +engaged, and to new interest in the science of government from the +utterances and permanent productions of master participants in great +political controversies. Certainly, there is no text-book in political +science more valuable than the best productions of great statesmen, as +reflecting the ideas of those who have done most to make political +history. + +With these ideas in mind, the editor has added rather extensive +historical notes, with the purpose of suggesting the use of the speeches +as the basis of historical study, and of indicating other similar +sources for investigation. These notes, together with explanations of +any obscurities in the text, and other suggestions for study, will serve +to indicate the educational value of the volumes; and it is hoped that +they may lead many teachers and students to see in these orations a text +suitable as a guide to valuable studies in American political history. + +The omissions of parts of the speeches, made necessary by the exigencies +of space, consist chiefly of those portions which were but of temporary +interest and importance, and which would not be found essential to an +understanding of the subject in hand. The omissions, however, have +always been indicated so as not to mislead the reader, and in most +instances the substance of the omissions has been indicated in the +notes. + +The general division of the work has been retained: 1. Colonialism, to +1789. Constitutional Government, to 1801. 3. The Rise of Democracy, to +1815. 4. The Rise of Nationality, to 1840. 5. The Slavery Struggle, to +1860. 6. Secession and Civil War, to 1865. The extension of the studies +covering these periods, by the addition of much new material has made +necessary the addition of a fourth volume, which embraces the general +subjects, (1) Reconstruction; (2) Free Trade and Protection; (3) +Finance; (4) Civil-Service Reform. Professor Johnston's valuable +introductions to the several sections have been substantially retained. + +By the revision, the volumes will be confined entirely to political +oratory. Literature and religion have, each in its place, called forth +worthy utterances in American oratory. These, certainly, have an +important place in the study of our national life. But it has been +deemed advisable to limit the scope of these volumes to that field of +history which Mr. Freeman has called "past politics,"--to the process by +which Americans, past and present, have built and conducted their state. +The study of the state, its rise, its organization, and its development, +is, after all, the richest field for the student and reader of history. +"History." says Professor Seeley, "may be defined as the biography of +states. To study history thus is to study politics at the same time. If +history is not merely eloquent writing, but a serious scientific +investigation, and if we are to consider that it is not mere +anthropology or sociology, but a science of states, then the study of +history is absolutely the study of politics." It is into this great +field of history that these volumes would direct the reader. + +No American scholar had done more, before his untimely death, than the +original editor of these orations, to cultivate among Americans an +intelligent study of our politics and political history. These volumes, +which he designed, are a worthy memorial of his appreciation of the +value to American students of the best specimens of our political +oratory. + +J. A. W. + + + + +INTRODUCTORY. + +All authorities are agreed that the political history of the United +States, beyond much that is feeble or poor in quality, has given to the +English language very many of its most finished and most persuasive +specimens of oratory. It is natural that oratory should be a power in a +republic; but, in the American republic, the force of institutions has +been reinforced by that of a language which is peculiarly adapted to the +display of eloquence. Collections of American orations have been +numerous and useful, but the copiousness of the material has always +proved a source of embarrassment. Where the supply is so abundant, it is +exceedingly difficult to make selections on any exact system, and yet +impossible to include all that has a fair claim to the distinctive stamp +of oratory. The results have been that our collections of public +speeches have proved either unsatisfactory or unreasonably voluminous. + +The design which has controlled the present collection has been to make +such selections from the great orations of American history as shall +show most clearly the spirit and motives which have actuated its +leaders, and to connect them by a thread of commentary which shall +convey the practical results of the conflicts of opinion revealed in the +selections. In the execution of such a work much must be allowed for +personal limitations; that which would seem representative to one would +not seem at all representative to others. It will not be difficult to +mark omissions, some of which may seem to mar the completeness of the +work very materially; the only claim advanced is that the work has been +done with a consistent desire to show the best side of all lines of +thought which have seriously modified the course of American history. +Some great names will be missed from the list of orators, and some great +addresses from the list of orations; the apology for their omission is +that they have not seemed to be so closely related to the current of +American history or so operative upon its course as to demand their +insertion. Any errors under this head have occurred in spite of careful +consideration and anxious desire to be scrupulously impartial. + +Very many of the orations selected have been condensed by the omission +of portions which had no relevancy to the purpose in hand, or were of +only a temporary interest and importance. Such omissions have been +indicated, so that the reader need not be misled, while the effort has +been made to so manage the omissions as to maintain a complete logical +connection among the parts which have been put to use. A tempting method +of preserving such a connection is, of course, the insertion of words or +sentences which the speaker might have used, though he did not; but such +a method seemed too dangerous and possibly too misleading, and it has +been carefully avoided. None of the selections contain a word of foreign +matter, with the exception of one of Randolph's speeches and Mr. +Beecher's Liverpool speech, where the matter inserted has been taken +from the only available report, and is not likely to mislead the reader. +For very much the same reason, footnotes have been avoided, and the +speakers have been left to speak for themselves. + +Such a process of omission will reveal to any one who undertakes it an +underlying characteristic of our later, as distinguished from our +earlier, oratory. The careful elaboration of the parts, the restraint of +each topic treated to its appropriate part, and the systematic +development of the parts into a symmetrical whole, are as markedly +present in the latter as they are absent in the former. The process of +selection has therefore been progressively more difficult as the +subject-matter has approached contemporary times. In our earlier +orations, the distinction and separate treatment of the parts is so +carefully observed that it has been comparatively an easy task to seize +and appropriate the parts especially desirable. In our later orations, +with some exceptions, there is an evidently decreasing attention to +system. The whole is often a collection of _disjecta membra_ of +arguments, so interdependent that omissions of any sort are exceedingly +dangerous to the meaning of the speaker. To do justice to his meaning, +and give the whole oration, would be an impossible strain on the space +available; to omit any portion is usually to lose one or more buttresses +of some essential feature in his argument. The distinction is submitted +without any desire to explain it on theory, but only as a suggestion of +a practical difficulty in a satisfactory execution of the work. + +The general division of the work has been into (1) Colonialism, to 1789; +(2) Constitutional Government, to 1801; (5) the Rise of Democracy, to +1815; (4) the Rise of Nationality, to 1840; (5) the Slavery struggle, to +1860; (6) Secession and Reconstruction, to 1876; (7) Free Trade and +Protection. In such a division, it has been found necessary to include, +in a few cases, orations which have not been strictly within the time +limits of the topic, but have had a close logical connection with it. It +is hoped, however, that all such cases will show their own necessity too +clearly for any need of further ex-planation or excuse. + + + + +I. + + +COLONIALISM. + + +THE FORMATION OF THE CONSTITUTION. + + +It has been said by an excellent authority that the Constitution was +"extorted from the grinding necessities of a reluctant people." The +truth of the statement is very quickly recognized by even the most +surface student of American politics. The struggle which began in 1774-5 +was the direct outcome of the spirit of independence. Rather than submit +to a degrading government by the arbitrary will of a foreign Parliament, +the Massachusetts people chose to enter upon an almost unprecedented war +of a colony against the mother country. Rather than admit the precedent +of the oppression of a sister colony, the other colonies chose to +support Massachusetts in her resistance. Resistance to Parliament +involved resistance to the Crown, the only power which had hitherto +claimed the loyalty of the colonists; and one evil feature of the +Revolution was that the spirit of loyalty disappeared for a time from +American politics. There were, without doubt, many individual cases of +loyalty to "Continental interests"; but the mass of the people had +merely unlearned their loyalty to the Crown, and had learned no other +loyalty to take its place. Their nominal allegiance to the individual +colony was weakened by their underlying consciousness that they really +were a part of a greater nation; their national allegiance had never +been claimed by any power. + +The weakness of the confederation was apparent even before its complete +ratification. The Articles of Confederation were proposed by the +Continental Congress, Nov. 15, 1777. They were ratified by eleven States +during the year 1778, and Delaware ratified in 1779. Maryland alone held +out and refused to ratify for two years longer. Her long refusal was due +to her demand for a national control of the Western territory, which +many of the States were trying to appropriate. It was not until there +was positive evidence that the Western territory was to be national +property that Maryland acceded to the articles, and they went into +operation. The interval had given time for study of them, and their +defects were so patent that there was no great expectation among +thinking men of any other result than that which followed. The national +power which the confederation sought to create was an entire nonentity. +There was no executive power, except committees of Congress, and these +had no powers to execute. Congress had practically only the power to +recommend to the States. It had no power to tax, to support armies or +navies, to provide for the interest or payment of the public debt, to +regulate commerce or internal affairs, or to perform any other function +of an efficient national government. It was merely a convenient +instrument of repudiation for the States; Congress was to borrow money +and incur debts, which the States could refuse or neglect to provide +for. Under this system affairs steadily drifted from bad to worse for +some six years after the formal ratification of the articles. There +seemed to be no remedy in the forms of law, for the articles expressly +provided that no alteration was to be made except by the assent of every +State. Congress proposed alterations, such as the temporary grant to +Congress of power to levy duties on imports; but these proposals were +always vetoed by one or more states. + +In 1780, in a private letter, Hamilton had suggested a convention of the +States to revise the articles, and as affairs grew worse the proposition +was renewed by others. The first attempt to hold such a convention, on +the call of Virginia, was a failure; but five States sent delegates to +Annapolis, and these wisely contented themselves with recommending +another convention in the following year. Congress was persuaded to +endorse this summons; twelve of the States chose delegates, and the +convention met at Philadelphia, May, 14, 1787. A quorum was obtained, +May 25th, and the deliberations of the convention lasted until Sept. +28th, when the Constitution was reported to Congress. + +The difficulties which met the convention were mainly the results of the +division of the States into large and small States. Massachusetts, +Connecticut, Virginia, North Carolina, and Georgia, the States which +claimed to extend to the Mississippi on the west and cherished +indefinite expectations of future growth, were the "large" States. They +desired to give as much power as possible to the new national +government, on condition that the government should be so framed that +they should have control of it. The remaining States were properly +"small" states, and desired to form a government which would leave as +much power as possible to the States. Circumstances worked strongly in +favor of a reasonable result. There never were more than eleven States +in the convention. Rhode Island, a small State, sent no delegates. The +New Hampshire delegates did not appear until the New York delegates +(except Hamilton) had lost patience and retired from the convention. +Pennsylvania was usually neutral. The convention was thus composed of +five large, five small, and one neutral State; and almost all its +decisions were the outcome of judicious compromise. + +The large States at first proposed a Congress in both of whose Houses +the State representation should be proportional. They would thus have +had a clear majority in both Houses, and, as Congress was to elect the +President, and other officers, the government would thus have been a +large State government. When "the little States gained their point," by +forcing through the equal representation of the States in the Senate, +the unsubstantial nature of the "national" pretensions of the large +States at once became apparent. The opposition to the whole scheme +centred in the large States, with very considerable assistance from New +York, which was not satisfied with the concessions which the small +States had obtained in the convention. The difficulty of ratification +may be estimated from the final votes in the following State +conventions: Massachusetts, 187 to 163; New Hampshire, 57 to 46; +Virginia, 89 to 79, and New York, 30 to 27. It should also be noted that +the last two ratifications were only made after the ninth State (New +Hampshire) had ratified, and when it was certain that the Constitution +would go into effect with or with-out the ratification of Virginia or +New York. North Carolina did not ratify until 1789, and Rhode Island not +until 1790. + +The division between North and South also appeared in the convention. In +order to carry over the Southern States to the support of the final +compromise, it was necessary to insert a guarantee of the slave trade +for twenty years, and a provision that three fifths of the slaves should +be counted in estimating the population for State representation in +Congress. But these provisions, so far as we can judge from the debates +of the time, had no influence against the ratification of the +Constitution; the struggle turned on the differences between the +national leaders, aided by the satisfied small States, on one side, and +the leaders of the State party, aided by the dissatisfied States, large +and small, on the other. The former, the Federalists, were successful, +though by very narrow majorities in several of the States. Washington +was unanimously elected the first President of the Republic; and the new +government was inaugurated at New York, March 4, 1789. + +The speech of Henry in the Virginia House of Delegates has been chosen +as perhaps the best representative of the spirit which impelled and +guided the American Revolution. It is fortunate that the ablest of the +national leaders was placed in the very focus of opposition to the +Constitution, so that we may take Hamilton's argument in the New York +convention and Madison's in the Virginia convention, as the most +carefully stated conclusions of the master-minds of the National party. + + + + +JAMES OTIS + +OF MASSACHUSETTS. (BORN 1725, DIED 1783.) + + +ON THE WRITS OF ASSISTANCE--BEFORE THE SUPERIOR COURT OF MASSACHUSETTS, +FEBRUARY, 1761. + + +MAY IT PLEASE YOUR HONORS: I was desired by one of the court to look +into the books, and consider the question now before them concerning +Writs of Assistance. I have accordingly considered it, and now appear +not only in obedience to your order, but likewise in behalf of the +inhabitants of this town, who have presented another petition, and out +of regard to the liberties of the subject. And I take this opportunity +to declare, that whether under a fee or not (for in such a cause as this +I despise a fee), I will to my dying day oppose with all the powers and +faculties God has given me, all such instruments of slavery on the one +hand, and villainy on the other, as this writ of assistance is. + +It appears to me the worst instrument of arbitrary power, the most +destructive of English liberty and the fundamental principles of law, +that ever was found in an English law-book. I must therefore beg your +honors' patience and attention to the whole range of an argument, that +may perhaps appear uncommon in many things, as well as to points of +learning that are more remote and unusual: that the whole tendency of my +design may the more easily be perceived, the conclusions better descend, +and the force of them be better felt. I shall not think much of my pains +in this cause, as I engaged in it from principle. I was solicited to +argue this cause as Advocate-General; and because I would not, I have +been charged with desertion from my office. To this charge I can give a +very sufficient answer. I renounced that office, and I argue this cause +from the same principle; and I argue it with the greater pleasure, as it +is in favor of British liberty, at a time when we hear the greatest +monarch upon earth declaring from his throne that he glories in the name +of Briton, and that the privileges of his people are dearer to him than +the most valuable prerogatives of his crown; and as it is in opposition +to a kind of power, the exercise of which in former periods of history +cost one king of England his head, and another his throne. I have taken +more pains in this cause than I ever will take again, although my +engaging in this and another popular cause has raised much resentment. +But I think I can sincerely, declare, that I cheerfully submit myself to +every odious name for conscience' sake; and from my soul I despise all +those whose guilt, malice, or folly has made them my foes. Let the +consequences be what they will, I am determined to proceed. The only +principles of public conduct, that are worthy of a gentleman or a man, +are to sacrifice estate, ease, health, and applause, and even life, to +the sacred calls of his country. + +These manly sentiments, in private life, make the good citizens; in +public life, the patriot and the hero. I do not say that, when brought +to the test, I shall be invincible. I pray God I may never be brought to +the melancholy trial, but if ever I should, it will be then known how +far I can reduce to practice principles which I know to be founded in +truth. In the meantime I will proceed to the subject of this writ. + +Your honors will find in the old books concerning the office of a +justice of the peace, precedents of general warrants to search suspected +houses. But in more modern books, you will find only special warrants to +search such and such houses, specially named, in which the complainant +has before sworn that he suspects his goods are concealed; and will find +it adjudged, that special warrants only are legal. In the same manner I +rely on it, that the writ prayed for in this petition, being general, is +illegal. It is a power that places the liberty of every man in the hands +of every petty officer. I say I admit that special writs of assistance, +to search special places, may be granted to certain persons on oath; but +I deny that the writ now prayed for can be granted, for I beg leave to +make some observations on the writ itself, before I proceed to other +acts of Parliament. In the first place, the writ is universal, being +directed "to all and singular justices, sheriffs, constables, and all +other officers and subjects"; so that, in short, it is directed to every +subject in the king's dominions. Every one with this writ may be a +tyrant; if this commission be legal, a tyrant in a legal manner, also, +may control, imprison, or murder anyone within the realm. In the next +place, it is perpetual, there is no return. A man is accountable to no +person for his doings. Every man may reign secure in his petty tyranny, +and spread terror and desolation around him, until the trump of the +archangel shall excite different emotions in his soul. In the third +place, a person with this writ, in the daytime, may enter all houses, +shops, etc., at will, and command all to assist him. Fourthly, by this +writ, not only deputies, etc., but even their menial servants, are +allowed to lord it over us. What is this but to have the curse of Canaan +with a witness on us: to be the servant of servants, the most despicable +of God's creation? Now one of the most essential branches of English +liberty is the freedom of one's house. A man's house is his castle; and +whilst he is quiet, he is as well guarded as a prince in his castle. +This writ, if it should be declared legal, would totally annihilate this +privilege. Custom-house officers may enter our houses when they please; +we are commanded to permit their entry. Their menial servants may enter, +may break locks, bars, and everything in their way; and whether they +break through malice or revenge, no man, no court can inquire. Bare +suspicion without oath is sufficient. This wanton exercise of this power +is not a chimerical suggestion of a heated brain. I will mention some +facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him, +he endorsed this writ over to Mr. Ware; so that these writs are +negotiable from one officer to another; and so your honors have no +opportunity of judging the persons to whom this vast power is delegated. +Another instance is this: Mr. Justice Walley had called this same Mr. +Ware before him, by a constable, to answer for a breach of the +Sabbath-day acts, or that of profane swearing. As soon as he had +finished, Mr. Ware asked him if he had done. He replied, "Yes." "Well +then," said Mr. Ware, "I will show you a little of my power. I command +you to permit me to search your house for uncustomed goods"; and went on +to search the house from the garret to the cellar; and then served the +constable in the same manner! But to show another absurdity in this +writ: if it should be established, I insist upon it every person, by the +14th Charles Second, has this power as well as the custom-house +officers. The words are: "it shall be lawful for any person or persons +authorized," etc. What a scene does this open! Every man prompted by +revenge, ill-humor, or wantonness to inspect the inside of his +neighbor's house, may get a writ of assistance. Others will ask it from +self-defence; one arbitrary exertion will provoke another, until society +be involved in tumult and in blood: + + + + +PATRICK HENRY + +OF VIRGINIA. (BORN 1736, DIED 1799) + + +CONVENTION OF DELEGATES, MARCH 28, 1775 + + +MR. PRESIDENT: + +No man thinks more highly than I do of the patriotism, as well as +abilities, of the very worthy gentlemen who have just addressed the +House. But different men often see the same subject in different lights; +and, therefore, I hope that it will not be thought disrespectful to +those gentlemen, if, entertaining as I do, opinions of a character very +opposite to theirs, I shall speak forth my sentiments freely and without +reserve. This is no time for ceremony. The question before the House is +one of awful moment to this country. For my own part I consider it as +nothing less than a question of freedom or slavery; and in proportion to +the magnitude of the subject ought to be the freedom of the debate. It +is only in this way that we can hope to arrive at truth, and fulfil the +great responsibility Which we hold to God and our country. Should I keep +back my opinions at such a time, through fear of giving offence, I +should consider myself as guilty of treason toward my country, and of an +act of disloyalty toward the majesty of heaven, which I revere above all +earthly-kings. + +Mr. President, it is natural to man to indulge in the illusions of hope. +We are apt to shut our eyes against a painful truth, and listen to the +song of that syren, till she transforms us into beasts. Is this the part +of wise men, engaged in a great and arduous struggle for liberty? Are we +disposed to be of the number of those who, having eyes, see not, and +having ears, hear not, the things which so nearly concern their temporal +salvation? For my part, whatever anguish of spirit it may cost, I am +willing to know the whole truth; to know the worst and to provide for +it. + +I have but one lamp by which my feet are guided; and that is the lamp of +experience. I know of no way of judging of the future but by the past. +And judging by the past, I wish to know what there has been in the +conduct of the British ministry for the last ten years, to justify those +hopes with which gentlemen have been pleased to solace themselves and +the House? Is it that insidious smile with which our petition has been +lately received? Trust it not, sir; it will prove a snare to your feet. +Suffer not yourselves to be betrayed with a kiss. Ask yourselves how +this gracious reception of our petition comports with these war-like +preparations which cover our waters and darken our land. Are fleets and +armies necessary to a work of love and reconciliation? Have we shown +ourselves so unwilling to be reconciled, that force must be called in to +win back our love? Let us not deceive ourselves, sir. These are the +implements of war and subjugation; the last arguments to which kings +resort. I ask gentlemen, sir, what means this martial array. If its +purpose be not to force us to submission? Can gentlemen assign any other +possible motives for it? Has Great Britain any enemy, in this quarter of +the world, to call for all this accumulation of navies and armies? No, +sir, she has none. They are meant for us; they can be meant for no +other. They are sent over to bind and rivet upon us those chains which +the British ministry have been so long forging. And what have we to +oppose to them? Shall we try argument? Sir, we have been trying that for +the last ten years. Have we any thing new to offer on the subject? +Nothing. We have held the subject up in every light of which it is +capable; but it has been all in vain. Shall we resort to entreaty and +humble supplication? What terms shall we find which have not been +already exhausted? Let us not, I beseech you, sir, deceive ourselves +longer. Sir, we have done every thing that could be done, to avert the +storm which is now coming on. We have petitioned; we have remonstrated; +we have supplicated: we have prostrated ourselves before the throne, and +have implored its interposition to arrest the tyrannical hands of the +ministry and parliament. Our petitions have been slighted; our +remonstrances have produced additional violence and insult; our +supplications have been disregarded; and we have been spurned, with +contempt, from the foot of the throne. In vain, after these things, may +we indulge the fond hope of peace and reconciliation. There is no longer +any room for hope. If we wish to be free--if we mean to preserve +inviolate those inestimable privileges for which we have been so long +contending--if we mean not basely to abandon the noble struggle in which +we have been so long engaged, and which we have pledged ourselves never +to abandon until the glorious object of our contest shall be obtained, +we must fight! I repeat it, sir, we must fight! An appeal to arms and to +the God of Hosts is all that is left us! + +They tell us, sir, that we are weak; unable to cope with so formidable +an adversary. But when shall we be stronger? Will it be the next week, +or the next year? Will it be when we are totally disarmed, and when a +British guard shall be stationed in every house? Shall we gather +strength by irresolution and inaction? Shall we acquire the means of +effectual resistance, by lying supinely on our backs, and hugging the +delusive phantom of hope, until our enemies shall have bound us hand and +foot? Sir, we are not weak, if we make a proper use of the means which +the God of nature bath placed in our power. Three millions of people, +armed in the holy cause of liberty, and in such a country as that which +we possess, are invincible by any force which our enemy can send against +us. Besides, sir, we shall not fight our battles alone. There is a just +God who presides over the destinies of nations; and who will raise up +friends to fight our battles for us. The battle, sir, is not to the +strong alone; it is to the vigilant, the active, the brave. Besides. +sir, we have no election. If we were base enough to desire it, it is now +too late to retire from the contest. There is no retreat, but in +submission and slavery! Our chains are forged! Their clanking may be +heard on the plains of Boston! The war is inevitable--and let it come! I +repeat it, sir, let it come! + +It is in vain, sir, to extenuate the matter. Gentlemen may cry peace, +peace--but there is no peace. The war is actually begun! The next gale +that sweeps from the north will bring to our ears the clash of +resounding arms. Our brethren are already in the field! Why stand we +here idle? What is it that gentlemen wish? What would they have? Is life +so dear, or peace so sweet, as to be purchased at the price of chains +and slavery? Forbid it, Almighty God! I know not what course others may +take; but as for me, give me liberty, or give me death! + + + + +SAMUEL ADAMS + +OF MASSACHUSETTS (BORN 1722, DIED 1803.) + + +ON AMERICAN INDEPENDENCE--IN PHILADELPHIA, AUGUST I, 1776. + + +COUNTRYMEN AND BRETHREN: I would gladly have declined an honor, to which +I find myself unequal. I have not the calmness and impartiality which +the infinite importance of this occasion demands. I will not deny the +charge of my enemies, that resentment for the accumulated injuries of +our country, and an ardor for her glory, rising to enthusiasm, may +deprive me of that accuracy of judgment and expression which men of +cooler passions may possess. Let me beseech you then, to hear me with +caution, to examine without prejudice, and to correct the mistakes into +which I may be hurried by my zeal. + +Truth loves an appeal to the common sense of mankind. Your unperverted +understandings can best determine on subjects of a practical nature. The +positions and plans which are said to be above the comprehension of the +multitude may be always suspected to be visionary and fruitless. He who +made all men hath made the truths necessary to human happiness obvious +to all. + +Our forefathers threw off the yoke of Popery in religion; for you is +reserved the honor of levelling the Popery of politics. They opened the +Bible to all, and maintained the capacity of every man to judge for +himself in religion. Are we sufficient for the comprehension of the +sublimest spiritual truths, and unequal to material and temporal ones? +Heaven hath trusted us with the management of things for eternity, and +man denies us ability to judge of the present, or to know from our +feelings the experience that will make us happy. "You can discern," say +they, "objects distant and remote, but cannot perceive those within your +grasp. Let us have the distribution of present goods, and cut out and +manage as you please the interests of futurity." This day, I trust, the +reign of political protestantism will commence. + +We have explored the temple of royalty, and found that the idol we have +bowed down to, has eyes which see not, ears that hear not our prayers, +and a heart like the nether millstone. We have this day restored the +Sovereign, to whom alone men ought to be obedient. He reigns in heaven, +and with a propitious eye beholds His subjects assuming that freedom of +thought and dignity of self-direction which He bestowed on them. From +the rising to the setting sun, may His kingdom come. + +Men who content themselves with the semblance of truth, and a display of +words, talk much of our obligations to Great Britain for protection. Had +she a single eye to our advantage? A nation of shopkeepers are very +seldom so disinterested. Let us not be so amused with words; the +extension of her commerce was her object. When she defended our coasts, +she fought for her customers, and convoyed our ships loaded with wealth, +which we had acquired for her by our industry. She has treated us as +beasts of burthen, whom the lordly masters cherish that they may carry a +greater load. Let us inquire also against whom she has protected us? +Against her own enemies with whom we had no quarrel, or only on her +account, and against whom we always readily exerted our wealth and +strength when they were required. Were these colonies backward in giving +assistance to Great Britain, when they were called upon in 1739, to aid +the expedition against Carthagena? They at that time sent three thousand +men to join the British army, although the war commenced without their +consent. But the last war, 't is said, was purely American. This is a +vulgar error, which, like many others, has gained credit by being +confidently repeated. The dispute between the Courts of Great Britain +and France, related to the limits of Canada and Nova Scotia. The +controverted territory was not claimed by any in the colonies, but by +the Crown of Great Britain. It was therefore their own quarrel. The +infringement of a right which England had, by the treaty of Utrecht, of +trading in the Indian country of Ohio, was another cause of the war. The +French seized large quantities of British manufactures, and took +possession of a fort which a company of British merchants and factors +had erected for the security of their commerce. The war was therefore +waged in defence of lands claimed by the Crown, and for the protection +of British property. The French at that time had no quarrel with +America; and, as appears by letters sent from their commander-in-chief, +to some of the colonies, wished to remain in peace with us. The part +therefore which we then took, and the miseries to which we exposed +ourselves, ought to be charged to our affection for Britain. These +colonies granted more than their proportion to the support of the war. +They raised, clothed, and maintained nearly twenty-five thousand men, +and so sensible were the people of England of our great exertions, that +a message was annually sent to the House of Commons purporting: "That +his majesty, being highly satisfied of the zeal and vigor with which his +faithful subjects in North America had exerted themselves in defence of +his majesty's just rights and possessions, recommend it to the House, to +take the same into consideration, and enable him to give them a proper +compensation." + +But what purpose can arguments of this kind answer? Did the protection +we received annul our rights as men, and lay us under an obligation of +being miserable? + +Who among you, my countrymen, that is a father, would claim authority to +make your child a slave because you had nourished him in his infancy? + +'T is a strange species of generosity which requires a return infinitely +more valuable than anything it could have bestowed; that demands as a +reward for a defence of our property, a surrender of those inestimable +privileges, to the arbitrary will of vindictive tyrants, which alone +give value to that very property. + +Courage, then, my countrymen! our contest is not only whether we +ourselves shall be free, but whether there shall be left to mankind an +asylum on earth, for civil and religious liberty? Dismissing, therefore, +the justice of our cause as incontestable, the only question is, What is +best for us to pursue in our present circumstances? + +The doctrine of dependence on Great Britain is, I believe, generally +exploded; but as I would attend to the honest weakness of the simplest +of men, you will pardon me if I offer a few words on that subject. + +We are now on this continent, to the astonishment of the world, three +millions of souls united in one common cause. We have large armies, well +disciplined and appointed, with commanders inferior to none in military +skill, and superior in activity and zeal. We are furnished with arsenals +and stores beyond our most sanguine expectations, and foreign nations +are waiting to crown our success by their alliances. There are instances +of, I would say, an almost astonishing Providence in our favor; our +success has staggered our enemies, and almost given faith to infidels; +so that we may truly say it is not our own arm which has saved us. + +The hand of Heaven appears to have led us on to be, perhaps, humble +instruments and means in the great Providential dispensation which is +completing. We have fled from the political Sodom; let us not look back, +lest we perish and become a monument of infamy and derision to the +world! For can we ever expect more unanimity and a better preparation +for defence; more infatuation of counsel among our enemies, and more +valor and zeal among ourselves? The same force and resistance which are +sufficient to procure us our liberties, will secure us a glorious +independence and support us in the dignity of free, imperial states. We +can not suppose that our opposition has made a corrupt and dissipated +nation more friendly to America, or created in them a greater respect +for the rights of mankind. We can therefore expect a restoration and +establishment of our privileges, and a compensation for the injuries we +have received from their want of power, from their fears, and not from +their virtues. The unanimity and valor, which will effect an honorable +peace, can render a future contest for our liberties unnecessary. He who +has strength to chain down the wolf, is a mad-man if he lets him loose +without drawing his teeth and paring his nails. + +From the day on which an accommodation takes place between England and +America, on any other terms than as independent states, I shall date the +ruin of this country. A politic minister will study to lull us into +security, by granting us the full extent of our petitions. The warm +sunshine of influence would melt down the virtue, which the violence of +the storm rendered more firm and unyielding. In a state of tranquillity, +wealth, and luxury, our descendants would forget the arts of war, and +the noble activity and zeal which made their ancestors invincible. Every +art of corruption would be employed to loosen the bond of union which +renders our resistance formidable. When the spirit of liberty which now +animates our hearts and gives success to our arms is extinct, our +numbers will accelerate our ruin, and render us easier victims to +tyranny. Ye abandoned minions of an infatuated ministry, if peradventure +any should yet remain among us!--remember that a Warren and a Montgomery +are numbered among the dead. Contemplate the mangled bodies of your +countrymen, and then say, What should be the reward of such sacrifices? +Bid us and our posterity bow the knee, supplicate the friendship, and +plough, and sow, and reap, to glut the avarice of the men who have let +loose on us the dogs of war to riot in our blood, and hunt us from the +face of the earth? If ye love wealth better than liberty, the +tranquillity of servitude than the animating contest of freedom--go from +us in peace. We ask not your counsels or arms. Crouch down and lick the +hands which feed you. May your chains set lightly upon you, and may +posterity, forget that ye were our countrymen. + +To unite the Supremacy of Great Britain and the Liberty of America, is +utterly impossible. So vast a continent and of such a distance from the +seat of empire, will every day grow more unmanageable. The motion of so +unwieldy a body cannot be directed with any dispatch and uniformity, +without committing to the Parliament of Great Britain, powers +inconsistent with our freedom. The authority and force which would be +absolutely necessary for the preservation of the peace and good order of +this continent, would put all our valuable rights within the reach of +that nation. + +* * * * * * * + +Some who would persuade us that they have tender feelings for future +generations, while they are insensible to the happiness of the present, +are perpetually foreboding a train of dissensions under our popular +system. Such men's reasoning amounts to this--give up all that is +valuable to Great Britain, and then you will have no inducements to +quarrel among yourselves; or suffer yourselves to be chained down by +your enemies, that you may not be able to fight with your friends. + +This is an insult on your virtue as well as your common sense. Your +unanimity this day and through the course of the war is a decisive +refutation of such invidious predictions. Our enemies have already had +evidence that our present constitution contains in it the justice and +ardor of freedom, and the wisdom and vigor of the most absolute system. +When the law is the will of the people, it will be uniform and coherent; +but fluctuation, contradiction, and inconsistency of councils must be +expected under those governments where every revolution in the ministry +of a court produces one in the state. Such being the folly and pride of +all ministers, that they ever pursue measures directly opposite to those +of their predecessors. + +We shall neither be exposed to the necessary convulsions of elective +Monarchies, nor to the want of wisdom, fortitude, and virtue, to which +hereditary succession is liable. In your hands it will be to perpetuate +a prudent, active, and just legislature, and which will never expire +until you yourselves lose the virtues which give it existence. + +And, brethren and fellow-countrymen, if it was ever granted to mortals +to trace the designs of Providence, and interpret its manifestations in +favor of their cause, we may, with humility of soul, cry out, "Not unto +us, not unto us, but to thy Name be the praise." The confusion of the +devices among our enemies, and the rage of the elements against them, +have done almost as much towards our success as either our councils or +our arms. + +The time at which this attempt on our liberties was made, when we were +ripened into maturity, had acquired a knowledge of war, and were free +from the incursions of enemies in this country, the gradual advances of +our oppressors enabling us to prepare for our defence, the unusual +fertility of our lands and clemency of the seasons, the success which at +first attended our feeble arms, producing unanimity among our friends +and reducing our internal foes to acquiescence,--these are all strong +and palpable marks and assurances, that Providence is yet gracious unto +Zion, that it will turn away the captivity of Jacob. + +We have now no other alternative than independence, or the most +ignominious and galling servitude. The legions of our enemies thicken on +our plains; desolation and death mark their bloody career; whilst the +mangled corpses of our countrymen seem to cry out to us as a voice from +heaven: "Will you permit our posterity to groan under the galling chains +of our murderers? Has our blood been expended in vain? Is the only +reward which our constancy, till death, has obtained for our country, +that it should be sunk into a deeper and more ignominious vassalage?" +Recollect who are the men that demand your submission; to whose decrees +you are invited to pay obedience! Men who, unmindful of their relation +to you as brethren, of your long implicit submission to their laws; of +the sacrifice which you and your forefathers made of your natural +advantages for commerce to their avarice,--formed a deliberate plan to +wrest from you the small pittance of property which they had permitted +you to acquire. Remember that the men who wish to rule over you are they +who, in pursuit of this plan of despotism, annulled the sacred contracts +which had been made with your ancestors; conveyed into your cities a +mercenary soldiery to compel you to submission by insult and murder--who +called your patience, cowardice; your piety, hypocrisy. + +Countrymen! the men who now invite you to surrender your rights into +their hands are the men who have let loose the merciless savages to riot +in the blood of their brethren--who have dared to establish popery +triumphant in our land--who have taught treachery to your slaves, and +courted them to assassinate your wives and children. + +These are the men to whom we are exhorted to sacrifice the blessings +which Providence holds out to us--the happiness, the dignity of +uncontrolled freedom and independence. + +Let not your generous indignation be directed against any among us who +may advise so absurd and madd'ning a measure. Their number is but few +and daily decreased; and the spirit which can render them patient of +slavery, will render them contemptible enemies. + +Our Union is now complete; our Constitution composed, established, and +approved. You are now the guardians of your own liberties. We may justly +address you, as the _Decemviri_ did the Romans, and say: "Nothing that +we propose, can pass into a law without your consent. Be yourselves, O +Americans, the authors of those laws on which your happiness depends." + +You have now, in the field, armies sufficient to repel the whole force +of your enemies, and their base and mercenary auxiliaries. The hearts of +your soldiers beat high with the spirit of freedom--they are animated +with the justice of their cause, and while they grasp their swords, can +look up to Heaven for assistance. Your adversaries are composed of +wretches who laugh at the rights of humanity, who turn religion into +derision, and would, for higher wages, direct their swords against their +leaders or their country. Go on, then, in your generous enterprise, with +gratitude to Heaven for past success, and confidence of it in the +future. For my own part, I ask no greater blessing than to share with +you the common danger and common glory. If I have a wish dearer to my +soul, than that my ashes may be mingled with those of a Warren and a +Montgomery, it is--that these American States may never cease to be free +and independent! + + + + +ALEXANDER HAMILTON, + +OF NEW YORK. (BORN 1757, DIED 1804.) + + +ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION + +--CONVENTION OF NEW YORK, + +JUNE 24, 1788. + + +I am persuaded, Mr. Chairman, that I in my turn shall be indulged, in +addressing the committee. We all, in equal sincerity, profess to be +anxious for the establishment of a republican government, on a safe and +solid basis. It is the object of the wishes of every honest man in the +United States, and I presume that I shall not be disbelieved, when I +declare, that it is an object of all others, the nearest and most dear +to my own heart. The means of accomplishing this great purpose become +the most important study which can interest mankind. It is our duty to +examine all those means with peculiar attention, and to choose the best +and most effectual. It is our duty to draw from nature, from reason, +from examples, the best principles of policy, and to pursue and apply +them in the formation of our government. We should contemplate and +compare the systems, which, in this examination, come under our view; +distinguish, with a careful eye, the defects and excellencies of each, +and discarding the former, incorporate the latter, as far as +circumstances will admit, into our Constitution. If we pursue a +different course and neglect this duty, we shall probably disappoint the +expectations of our country and of the world. + +In the commencement of a revolution, which received its birth from the +usurpations of tyranny, nothing was more natural, than that the public +mind should be influenced by an extreme spirit of jealousy. To resist +these encroachments, and to nourish this spirit, was the great object of +all our public and private institutions. The zeal for liberty became +predominant and excessive. In forming our confederation, this passion +alone seemed to actuate us, and we appear to have had no other view than +to secure ourselves from despotism. The object certainly was a valuable +one, and deserved our utmost attention. But, sir, there is another +object equally important, and which our enthusiasm rendered us little +capable of regarding: I mean a principle of strength and stability in +the organization of our government, and vigor in its operations. This +purpose can never be accomplished but by the establishment of some +select body, formed peculiarly upon this principle. There are few +positions more demonstrable than that there should be in every republic, +some permanent body to correct the prejudices, check the intemperate +passions, and regulate the fluctuations of a popular assembly. It is +evident, that a body instituted for these purposes, must be so formed as +to exclude as much as possible from its own character, those infirmities +and that mutability which it is designed to remedy. It is therefore +necessary that it should be small, that it should hold its authority +during a considerable period, and that it should have such an +independence in the exercise of its powers, as will divest it as much as +possible of local prejudices. It should be so formed as to be the centre +of political knowledge, to pursue always a steady line of conduct, and +to reduce every irregular propensity to system. Without this +establishment, we may make experiments without end, but shall never have +an efficient government. + +It is an unquestionable truth, that the body of the people in every +country desire sincerely its prosperity; but it is equally +unquestionable, that they do not possess the discernment and stability +necessary for systematic government. To deny that they are frequently +led into the grossest errors by misinformation and passion, would be a +flattery which their own good sense must despise. That branch of +administration especially, which involves our political relations with +foreign states, a community will ever be incompetent to. These truths +are not often held up in public assemblies: but they cannot be unknown +to any who hear me. From these principles it follows, that there ought +to be two distinct bodies in our government: one, which shall be +immediately constituted by and peculiarly represent the people, and +possess all the popular features; another, formed upon the principle, +and for the purposes, before explained. Such considerations as these +induced the convention who formed your State constitution, to institute +a Senate upon the present plan. The history of ancient and modern +republics had taught them, that many of the evils which these republics +had suffered, arose from the want of a certain balance and mutual +control indispensable to a wise administration; they were convinced that +popular assemblies are frequently misguided by ignorance, by sudden +impulses, and the intrigues of ambitious men; and that some firm barrier +against these operations was necessary; they, therefore, instituted your +Senate, and the benefits we have experienced have fully justified their +conceptions. + +Gentlemen, in their reasoning, have placed the interests of the several +States, and those of the United States in contrast; this is not a fair +view of the subject; they must necessarily be involved in each other. +What we apprehend is, that some sinister prejudice, or some prevailing +passion, may assume the form of a genuine interest. The influence of +these is as powerful as the most permanent conviction of the public +good; and against this influence we ought to provide. The local +interests of a State ought in every case to give way to the interests of +the Union; for when a sacrifice of one or the other is necessary, the +former becomes only an apparent, partial interest, and should yield, on +the principle that the small good ought never to oppose the great one. +When you assemble from your several counties in the Legislature, were +every member to be guided only by the apparent interests of his county, +government would be impracticable. There must be a perpetual +accommodation and sacrifice of local advantages to general expediency; +but the spirit of a mere popular assembly would rarely be actuated by +this important principle. It is therefore absolutely necessary that the +Senate should be so formed, as to be unbiased by false conceptions of +the real interests, or undue attachment to the apparent good of their +several States. + +Gentlemen indulge too many unreasonable apprehensions of danger to the +State governments; they seem to suppose that the moment you put men into +a national council, they become corrupt and tyrannical, and lose all +their affection for their fellow-citizens. But can we imagine that the +Senators will ever be so insensible of their own advantage, as to +sacrifice the genuine interest of their constituents? The State +governments are essentially necessary to the form and spirit of the +general system. As long, therefore, as Congress has a full conviction of +this necessity, they must, even upon principles purely national, have as +firm an attachment to the one as to the other. This conviction can never +leave them, unless they become madmen. While the constitution continues +to be read, and its principle known, the States must, by every rational +man, be considered as essential, component parts of The Union; and +therefore the idea of sacrificing the former to the latter is wholly +inadmissible. + +The objectors do not advert to the natural strength and resources of +State governments, which will ever give them an important superiority +over the general government. If we compare the nature of their different +powers, or the means of popular influence which each possesses, we shall +find the advantage entirely on the side of the States. This +consideration, important as it is, seems to have been little attended +to. The aggregate number of representatives throughout the States may be +two thousand. Their personal influence will, therefore, be +proportionably more extensive than that of one or two hundred men in +Congress. The State establishments of civil and military officers of +every description, infinitely surpassing in number any possible +correspondent establishments in the general government, will create such +an extent and complication of attachments, as will ever secure the +predilection and support of the people. Whenever, therefore, Congress +shall meditate any infringement of the State constitutions, the great +body of the people will naturally take part with their domestic +representatives. Can the general government withstand such an united +opposition? Will the people suffer themselves to be stripped of their +privileges? Will they suffer their Legislatures to be reduced to a +shadow and a name? The idea is shocking to common-sense. + +From the circumstances already explained, and many others which might be +mentioned, results a complicated, irresistible check, which must ever +support the existence and importance of the State governments. The +danger, if any exists, flows from an opposite source. The probable evil +is, that the general government will be too dependent on the State +Legislatures, too much governed by their prejudices, and too obsequious +to their humors; that the States, with every power in their hands, will +make encroachments on the national authority, till the Union is weakened +and dissolved. + +Every member must have been struck with an observation of a gentleman +from Albany. Do what you will, says he, local prejudices and opinions +will go into the government. + +What! shall we then form a constitution to cherish and strengthen these +prejudices? Shall we confirm the distemper, instead of remedying it. It +is undeniable that there must be a control somewhere. Either the general +interest is to control the particular interests, or the contrary. If the +former, then certainly the government ought to be so framed, as to +render the power of control efficient to all intents and purposes; if +the latter, a striking absurdity follows; the controlling powers must be +as numerous as the varying interests, and the operations of the +government must therefore cease; for the moment you accommodate these +different interests, which is the only way to set the government in +motion, you establish a controlling power. Thus, whatever constitutional +provisions are made to the contrary, every government will be at last +driven to the necessity of subjecting the partial to the universal +interest. The gentlemen ought always, in their reasoning, to distinguish +between the real, genuine good of a State, and the opinions and +prejudices which may prevail respecting it; the latter may be opposed to +the general good, and consequently ought to be sacrificed; the former is +so involved in it, that it never can be sacrificed. + +There are certain social principles in human nature from which we may +draw the most solid conclusions with respect to the conduct of +individuals and of communities. We love our families more than our +neighbors; we love our neighbors more than our countrymen in general. +The human affections, like the solar heat, lose their intensity as they +depart from the centre, and become languid in proportion to the +expansion of the circle on which they act. On these principles, the +attachment of the individual will be first and forever secured by the +State governments; they will be a mutual protection and support. Another +source of influence, which has already been pointed out, is the various +official connections in the States. Gentlemen endeavor to evade the +force of this by saying that these offices will be insignificant. This +is by no means true. The State officers will ever be important, because +they are necessary and useful. Their powers are such as are extremely +interesting to the people; such as affect their property, their liberty, +and life. What is more important than the administration of justice and +the execution of the civil and criminal laws? Can the State governments +become insignificant while they have the power of raising money +independently and without control? If they are really useful; if they +are calculated to promote the essential interests of the people; they +must have their confidence and support. The States can never lose their +powers till the whole people of America are robbed of their liberties. +These must go together; they must support each other, or meet one common +fate. On the gentleman's principle, we may safely trust the State +governments, though we have no means of resisting them; but we cannot +confide in the national government, though we have an effectual +constitutional guard against every encroachment. This is the essence of +their argument, and it is false and fallacious beyond conception. + +With regard to the jurisdiction of the two governments, I shall +certainly admit that the Constitution ought to be so formed as not to +prevent the States from providing for their own existence; and I +maintain that it is so formed; and that their power of providing for +themselves is sufficiently established. This is conceded by one +gentleman, and in the next breath the concession is retracted. He says +Congress has but one exclusive right in taxation--that of duties on +imports; certainly, then, their other powers are only concurrent. But to +take off the force of this obvious conclusion, he immediately says that +the laws of the United States are supreme; and that where there is one +supreme there cannot be a concurrent authority; and further, that where +the laws of the Union are supreme, those of the States must be +subordinate; because there cannot be two supremes. This is curious +sophistry. That two supreme powers cannot act together is false. They +are inconsistent only when they are aimed at each other or at one +indivisible object. The laws of the United States are supreme, as to all +their proper, constitutional objects; the laws of the States are supreme +in the same way. These supreme laws may act on different objects without +clashing; or they may operate on different parts of the same common +object with perfect harmony. Suppose both governments should lay a tax +of a penny on a certain article; has not each an independent and +uncontrollable power to collect its own tax? The meaning of the maxim, +there cannot be two supremes, is simply this--two powers cannot be +supreme over each other. This meaning is entirely perverted by the +gentlemen. But, it is said, disputes between collectors are to be +referred to the federal courts. This is again wandering in the field of +conjecture. But suppose the fact is certain; is it not to be presumed +that they will express the true meaning of the Constitution and the +laws? Will they not be bound to consider the concurrent jurisdiction; to +declare that both the taxes shall have equal operation; that both the +powers, in that respect, are sovereign and co-extensive? If they +transgress their duty, we are to hope that they will be punished. Sir, +we can reason from probabilities alone. When we leave common-sense, and +give ourselves up to conjecture, there can be no certainty, no security +in our reasonings. + +I imagine I have stated to the committee abundant reasons to prove the +entire safety of the State governments and of the people. I would go +into a more minute consideration of the nature of the concurrent +jurisdiction, and the operation of the laws in relation to revenue; but +at present I feel too much indisposed to proceed. I shall, with leave of +the committee, improve another opportunity of expressing to them more +fully my ideas on this point. I wish the committee to remember that the +Constitution under examination is framed upon truly republican +principles; and that, as it is expressly designed to provide for the +common protection and the general welfare of the United States, it must +be utterly repugnant to this Constitution to subvert the State +governments or oppress the people. + + + + +JAMES MADISON, + +OF VIRGINIA. (BORN 1751, DIED 1836.) + + +ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION--CONVENTION OF +VIRGINIA, + +JUNE 6, 1788. + + +MR. CHAIRMAN: + +In what I am about to offer to this assembly, I shall not attempt to +make impressions by any ardent professions of zeal for the public +welfare. We know that the principles of every man will be, and ought to +be, judged not by his professions and declarations, but by his conduct. +By that criterion, I wish, in common with every other member, to be +judged; and even though it should prove unfavorable to my reputation, +yet it is a criterion from which I by no means would depart, nor could +if I would. Comparisons have been made between the friends of this +constitution and those who oppose it. Although I disapprove of such +comparisons, I trust that in everything that regards truth, honor, +candor, and rectitude of motives, the friends of this system, here and +in other States, are not inferior to its opponents. But professions of +attachment to the public good, and comparisons of parties, at all times +invidious, ought not to govern or influence us now. We ought, sir, to +examine the Constitution exclusively on its own merits. We ought to +inquire whether it will promote the public happiness; and its aptitude +to produce that desirable object ought to be the exclusive subject of +our researches. In this pursuit, we ought to address our arguments not +to the feelings and passions, but to those understandings and judgments +which have been selected, by the people of this country, to decide that +great question by a calm and rational investigation. I hope that +gentlemen, in displaying their abilities on this occasion, will, instead +of giving opinions and making assertions, condescend to prove and +demonstrate, by fair and regular discussion. It gives me pain to hear +gentlemen continually distorting the natural construction of language. +Assuredly, it is sufficient if any human production can stand a fair +discussion. Before I proceed to make some additions to the reasons which +have been adduced by my honorable friend over the way, I must take the +liberty to make some observations on what was said by another gentleman +(Mr. Henry). He told us that this constitution ought to be rejected, +because, in his opinion, it endangered the public liberty in many +instances. Give me leave to make one answer to that observation--let the +dangers with which this system is supposed to be replete, be clearly +pointed out. If any dangerous and unnecessary powers be given to the +general legislature, let them be plainly demonstrated, and let us not +rest satisfied with general assertions of dangers, without proof, +without examination. If powers be necessary, apparent danger is not a +sufficient reason against conceding them. He has suggested, that +licentiousness has seldom produced the loss of liberty; but that the +tyranny of rulers has almost always effected it. Since the general +civilization of mankind, I believe there are more instances of the +abridgment of the freedom of the people by gradual and silent +encroachments of those in power, than by violent and sudden usurpations; +but on a candid examination of history, we shall find that turbulence, +violence, and abuse of power, by the majority trampling on the rights of +the minority, have produced factions and commotions which, in republics, +have, more frequently than any other cause, produced despotism. If we go +over the whole history of ancient and modern republics, we shall find +their destruction to have generally resulted from those causes. If we +consider the peculiar situation of the United States, and go to the +sources of that diversity of sentiment which pervades its inhabitants, +we shall find great danger to fear that the same causes may terminate +here in the same fatal effects which they produced in those republics. +This danger ought to be wisely guarded against. In the progress of this +discussion, it will perhaps appear, that the only possible remedy for +those evils, and the only certain means of preserving and protecting the +principles of republicanism, will be found in that very system which is +now exclaimed against as the parent of oppression. I must confess that I +have not been able to find his usual consistency in the gentleman's +arguments on this occasion. He informs us that the people of this +country are at perfect repose; that every man enjoys the fruits of his +labor peaceably and securely, and that everything is in perfect +tranquillity and safety. I wish sincerely, sir, this were true. But if +this be really their situation, why has every State acknowledged the +contrary? Why were deputies from all the States sent to the general +convention? Why have complaints of national and individual distresses +been echoed and re-echoed throughout the continent? Why has our general +government been so shamefully disgraced, and our Constitution violated? +Wherefore have laws been made to authorize a change, and wherefore are +we now assembled here? A federal government is formed for the protection +of its individual members. Ours was itself attacked with impunity. Its +authority has been boldly disobeyed and openly despised. I think I +perceive a glaring inconsistency in another of his arguments. He +complains of this Constitution, because it requires the consent of at +least three fourths of the States to introduce amendments which shall be +necessary for the happiness of the people. The assent of so many, he +considers as too great an obstacle to the admission of salutary +amendments, which he strongly insists ought to be at the will of a bare +majority, and we hear this argument at the very moment we are called +upon to assign reasons for proposing a Constitution which puts it in the +power of nine States to abolish the present inadequate, unsafe, and +pernicious confederation! In the first case, he asserts that a majority +ought to have the power of altering the government, when found to be +inadequate to the security of public happiness. In the last case, he +affirms that even three fourths of the community have not a right to +alter a government which experience has proved to be subversive of +national felicity; nay, that the most necessary and urgent alterations +cannot be made without the absolute unanimity of all the States. Does +not the thirteenth article of the confederation expressly require, that +no alteration shall be made without the unanimous consent of all the +States? Can any thing in theory be more perniciously improvident and +injudicious than this submission of the will of the majority to the most +trifling minority? Have not experience and practice actually manifested +this theoretical inconvenience to be extremely impolitic? Let me mention +one fact, which I conceive must carry conviction to the mind of any +one,--the smallest State in the Union has obstructed every attempt to +reform the government; that little member has repeatedly disobeyed and +counteracted the general authority; nay, has even supplied the enemies +of its country with provisions. Twelve States had agreed to certain +improvements which were proposed, being thought absolutely necessary to +preserve the existence of the general government; but as these +improvements, though really indispensable, could not, by the +confederation, be introduced into it without the consent of every State, +the refractory dissent of that little State prevented their adoption. +The inconveniences resulting from this requisition of unanimous +concurrence in alterations of the confederation, must be known to every +member in this convention; it is therefore needless to remind them of +them. Is it not self-evident, that a trifling minority ought not to bind +the majority? Would not foreign influence be exerted with facility over +a small minority? Would the honorable gentleman agree to continue the +most radical defects in the old system, because the petty State of Rhode +Island would not agree to remove them? + +He next objects to the exclusive legislation over the district where the +seat of the government may be fixed. Would he submit that the +representatives of this State should carry on their deliberations under +the control of any one member of the Union? If any State had the power +of legislation over the place where Congress should fix the general +government, it would impair the dignity and hazard the safety of +Congress. If the safety of the Union were under the control of any +particular State, would not foreign corruption probably prevail in such +a State, to induce it to exert its controlling influence over the +members of the general government? Gentlemen cannot have forgotten the +disgraceful insult which Congress received some years ago. And, sir, +when we also reflect, that the previous cession of particular States is +necessary, before Congress can legislate exclusively anywhere, we must, +instead of being alarmed at this part, heartily approve of it. + +But the honorable member sees great danger in the provision concerning +the militia. Now, sir, this I conceive to be an additional security to +our liberties, without diminishing the power of the States in any +considerable degree; it appears to me so highly expedient, that I should +imagine it would have found advocates even in the warmest friends of the +present system. The authority of training the militia and appointing the +officers is reserved to the States. But Congress ought to have the power +of establishing a uniform system of discipline throughout the States; +and to provide for the execution of the laws, suppress insurrections, +and repel invasions. These are the only cases wherein they can interfere +with the militia; and the obvious necessity of their having power over +them in these cases must flash conviction on any reflecting mind. +Without uniformity of discipline, military bodies would be incapable of +action; without a general controlling power to call forth the strength +of the Union, for the purpose of repelling invasions, the country might +be overrun and conquered by foreign enemies. Without such a power to +suppress insurrections, our liberties might be destroyed by intestine +faction, and domestic tyranny be established. + +Give me leave to say something of the nature of the government, and to +show that it is perfectly safe and just to vest it with the power of +taxation. There are a number of opinions; but the principal question is, +whether it be a federal or a consolidated government. In order to judge +properly of the question before us, we must consider it minutely, in its +principal parts. I myself conceive that it is of a mixed nature; it is, +in a manner, unprecedented. We cannot find one express prototype in the +experience of the world: it stands by itself. In some respects, it is a +government of a federal nature; in others, it is of a consolidated +nature. Even if we attend to the manner in which the Constitution is +investigated, ratified, and made the act of the people of America, I can +say, notwithstanding what the honorable gentleman has alleged, that this +government is not completely consolidated; nor is it entirely federal. +Who are the parties to it? The people--not the people as composing one +great body, but the people as composing thirteen sovereignties. Were it, +as the gentleman asserts, a consolidated government, the assent of a +majority of the people would be sufficient for its establishment, and as +a majority have adopted it already, the remaining States would be bound +by the act of the majority, even if they unanimously reprobated it. Were +it such a government as is suggested, it would be now binding on the +people of this State, without having had the privilege of deliberating +upon it; but, sir, no State is bound by it, as it is, without its own +consent. Should all the States adopt it, it will be then a government +established by the thirteen States of America, not through the +intervention of the legislatures, but by the people at large. In this +particular respect, the distinction between the existing and proposed +governments is very material. The existing system has been derived from +the dependent, derivative authority of the legislatures of the States; +whereas this is derived from the superior power of the people. If we +look at the manner in which alterations are to be made in it, the same +idea is in some degree attended to. By the new system, a majority of the +States cannot introduce amendments; nor are all the States required for +that purpose; three fourths of them must concur in alterations; in this +there is a departure from the federal idea. The members to the national +House of Representatives are to be chosen by the people at large, in +proportion to the numbers in the respective districts. When we come to +the Senate, its members are elected by the States in their equal and +political capacity; but had the government been completely consolidated, +the Senate would have been chosen by the people, in their individual +capacity, in the same manner as the members of the other house. Thus it +is of complicated nature, and this complication, I trust, will be found +to exclude the evils of absolute consolidation, as well as of a mere +confederacy. If Virginia were separated from all the States, her power +and authority would extend to all cases; in like manner, were all powers +vested in the general government, it would be a consolidated government; +but the powers of the federal government are enumerated; it can only +operate in certain cases: it has legislative powers on defined and +limited objects, beyond which it cannot extend its jurisdiction. + +But the honorable member has satirized, with peculiar acrimony, the +powers given to the general government by this Constitution. I conceive +that the first question on this subject is, whether these powers be +necessary; if they be, we are reduced to the dilemma of either +submitting to the inconvenience, or losing the Union. Let us consider +the most important of these reprobated powers; that of direct taxation +is most generally objected to. With respect to the exigencies of +government, there is no question but the most easy mode of providing for +them will be adopted. When, therefore, direct taxes are not necessary, +they will not be recurred to. It can be of little advantage to those in +power, to raise money in a manner oppressive to the people. To consult +the conveniences of the people, will cost them nothing, and in many +respects will be advantageous to them. Direct taxes will only be +recurred to for great purposes. What has brought on other nations those +immense debts, under the pressure of which many of them labor? Not the +expenses of their governments, but war. If this country should be +engaged in war, (and I conceive we ought to provide for the possibility +of such a case,) how would it be carried on? By the usual means provided +from year to year? As our imports will be necessary for the expenses of +government, and other common exigencies, how are we to carry on the +means of defence? How is it possible a war could be supported without +money or credit? And would it be possible for government to have credit, +without having the power of raising money? No, it would be impossible +for any government, in such a case, to defend itself. Then, I say, sir, +that it is necessary to establish funds for extraordinary exigencies, +and give this power to the general government; for the utter inutility +of previous requisitions on the States is too well known. Would it be +possible for those countries, whose finances and revenues are carried to +the highest perfection, to carry on the operations of government on +great emergencies, such as the maintenance of a war, without an +uncontrolled power of raising money? Has it not been necessary for Great +Britain, notwithstanding the facility of the collection of her taxes, to +have recourse very often to this and other extraordinary methods of +procuring money? Would not her public credit have been ruined, if it was +known that her power to raise money was limited? Has not France been +obliged, on great occasions, to recur to unusual means, in order to +raise funds? It has been the case in many countries, and no government +can exist unless its powers extend to make provisions for every +contingency. If we were actually attacked by a powerful nation, and our +general government had not the power of raising money, but depended +solely on requisitions, our condition would be truly deplorable: if the +revenues of this commonwealth were to depend on twenty distinct +authorities, it would be impossible for it to carry on its operations. +This must be obvious to every member here: I think, therefore, that it +is necessary for the preservation of the Union, that this power should +be given to the general government. + +But it is urged, that its consolidated nature, joined to the power of +direct taxation, will give it a tendency to destroy all subordinate +authority; that its increasing influence will speedily enable it to +absorb the State governments. I cannot bring myself to think that this +will be the case. If the general government were wholly independent of +the governments of the particular States, then indeed, usurpation might +be expected to the fullest extent: but, sir, on whom does this general +government depend? It derives its authority from these governments, and +from the same sources from which their authority is derived. The members +of the federal government are taken from the same men from whom those of +the State legislatures are taken. If we consider the mode in which the +federal representatives will be chosen, we shall be convinced, that the +general never will destroy the individual governments; and this +conviction must be strengthened by an attention to the construction of +the Senate. The representatives will be chosen, probably under the +influence of the State legislatures: but there is not the least +probability that the election of the latter will be influenced by the +former. One hundred and sixty members representing this commonwealth in +one branch of the legislature, are drawn from the people at large, and +must ever possess more influence than the few men who will be elected to +the general legislature. Those who wish to become federal +representatives, must depend on their credit with that class of men who +will be the most popular in their counties, who generally represent the +people in the State governments: they can, therefore, never succeed in +any measure contrary to the wishes of those on whom they depend. So +that, on the whole, it is almost certain that the deliberations of the +members of the federal House of Representatives will be directed to the +interests of the people of America. As to the other branch, the Senators +will be appointed by the legislatures, and, though elected for six +years, I do not conceive they will so soon forget the source whence they +derive their political existence. This election of one branch of the +federal, by the State legislatures, secures an absolute independence of +the former on the latter. The biennial exclusion of one third will +lessen the facility of a combination, and preclude all likelihood of +intrigues. I appeal to our past experience, whether they will attend to +the interests of their constituent States. Have not those gentlemen who +have been honored with seats in Congress often signalized themselves by +their attachment to their States? Sir, I pledge myself that this +government will answer the expectations of its friends, and foil the +apprehensions of its enemies. I am persuaded that the patriotism of the +people will continue, and be a sufficient guard to their liberties, and +that the tendency of the Constitution will be, that the State +governments will counteract the general interest, and ultimately +prevail. The number of the representatives is yet sufficient for our +safety, and will gradually increase; and if we consider their different +sources of information, the number will not appear too small. + +Sir, that part of the proposed Constitution which gives the general +government the power of laying and collecting taxes, is indispensable +and essential to the existence of any efficient, or well organized +system of government: if we consult reason, and be ruled by its +dictates, we shall find its justification there: if we review the +experience we have had, or contemplate the history of nations, there too +we shall find ample reasons to prove its expediency. It would be +preposterous to depend for necessary supplies on a body which is fully +possessed of the power of withholding them. If a government depends on +other governments for its revenues; if it must depend on the voluntary +contributions of its members, its existence must be precarious. A +government that relies on thirteen independent sovereignties for the +means of its existence, is a solecism in theory, and a mere nullity in +practice. Is it consistent with reason, that such a government can +promote the happiness of any people? It is subversive of every principle +of sound policy, to trust the safety of a community with a government +totally destitute of the means of protecting itself or its members. Can +Congress, after the repeated unequivocal proofs it has experienced of +the utter inutility and inefficacy of requisitions, reasonably expect +that they would be hereafter effectual or productive? + +Will not the same local interests, and other causes, militate against a +compliance? Whoever hopes the contrary must for ever be disappointed. +The effect, sir, cannot be changed without a removal of the cause. Let +each county in this commonwealth be supposed free and independent: let +your revenues depend on requisitions of proportionate quotas from them: +let application be made to them repeatedly, and then ask yourself, is it +to be presumed that they would comply, or that an adequate collection +could be made from partial compliances? It is now difficult to collect +the taxes from them: how much would that difficulty be enhanced, were +you to depend solely on their generosity? I appeal to the reason of +every gentleman here, and to his candor, to say whether he is not +persuaded that the present confederation is as feeble as the government +of Virginia would be in that case; to the same reason I appeal, whether +it be compatible with prudence to continue a government of such manifest +and palpable weakness and inefficiency. + + + + +II. -- CONSTITUTIONAL GOVERNMENT. + + +Constitutional government in the United States began, in its national +phase, with the inauguration of Washington, but the experiment was for a +long time a doubtful one. Of the two parties, the federal and the +anti-federal parties, which had faced one another on the question of the +adoption of the Constitution, the latter had disappeared. Its +conspicuous failure to achieve the fundamental object of its existence, +and the evident hopelessnesss of reversing its failure in future, +blotted it out of existence. There was left but one party, the federal +party; and it, strong as it appeared, was really in almost as precarious +a position as its former opponent, because of the very completeness of +its success in achieving its fundamental object. Hamilton and Jefferson, +two of its representative members, were opposed in almost all the +political instincts of their natures; the former chose the restraints of +strong government as instinctively as the latter clung to individualism. +They had been accidentally united for the time in desiring the adoption +of the Constitution, though Hamilton considered it only a temporary +shift for something stronger, while Jefferson wished for a bill of +rights to weaken the force of some of its implications. Now that the +Constitution was ratified, what tie was there to hold these two to any +united action for the future? Nothing but a shadow--the name of a party +not yet two years old. As soon, therefore, as the federal party fairly +entered upon a secure tenure of power, the divergent instincts of the +two classes represented by Hamilton and Jefferson began to show +themselves more distinctly until there was no longer any pretence of +party unity, and the democratic (or republican) party assumed its place, +in 1792-3, as the recognized opponent of the party in power. It would be +beside the purpose to attempt to enumerate the points in which the +natural antagonism of the federalists and the republicans came to the +surface during the decade of contest which ended in the downfall of the +federal party in 1800-1. In all of them, in the struggles over the +establishment of the Bank of the United States and the assumption of the +State debts, in the respective sympathy for France and Great Britain, in +the strong federalist legislation forced through during the war feeling +against France in 1798, the controlling sympathy of the republicans for +individualism and of the federalists for a strong national government is +constantly visible, if looked for. The difficulty is that these +permanent features are often so obscured by the temporary media in which +they appear that the republicans are likely to be taken as a merely +State-rights party, and the federalists as a merely commercial party. + +To adopt either of these notions would be to take a very erroneous idea +of American political history. The whole policy of the republicans was +to forward the freedom of the individual; their leader seems to have +made all other points subordinate to this. There is hardly any point in +which the action of the individual American has been freed from +governmental restraints, from ecclesiastical government, from sumptuary +laws, from restrictions on suffrage, from restrictions on commerce, +production, and exchange, for which he is not indebted in some measure +to the work and teaching of Jefferson between the years of 1790 and +1800. He and his party found the States in existence, understood well +that they were convenient shields for the individual against the +possible powers of the new federal government for evil, and made use of +them. The State sovereignty of Jefferson was the product of +individualism; that of Calhoun was the product of sectionalism. + +On the other hand, if Jeffersonian democracy was the representative of +all the individualistic tendencies of the later science of political +economy, Hamiltonian federalism represented the necessary corrective +force of law. It was in many respects a strong survival of colonialism. +Together with some of the evil features of colonialism, its imperative +demands for submission to class government, its respect for the +interests and desires of the few, and its contempt for those of the +many, it had brought into American constitutional life a very high ratio +of that respect for law which alone can render the happiness and +usefulness of the individual a permanent and secure possession. It was +impossible for federalism to resist the individualistic tendency of the +country for any length of time; it is the monument of the party that it +secured, before it fell, abiding guaranties for the security of the +individual under freedom. + +The genius of the federalists was largely practical. It was shown in +their masterly organization of the federal government when it was first +entrusted to their hands, an organization which has since been rather +developed than disturbed in any of its parts. But the details of the +work absorbed the attention of the leaders so completely that it would +be impossible to fix on any public address as entirely representative of +the party. Fisher Ames' speech on the Jay treaty, which was considered +by the federalists the most effective piece of oratory in their party +history, has been taken as a substitute. The question was to the +federalists partly of commercial and partly of national importance. John +Jay had secured the first commercial treaty with Great Britain in 1795. +It not only provided for the security of American commerce during the +European wars to which Great Britain was a party, and obtained the +surrender of the military posts in the present States of Ohio and +Michigan; it also gave the United States a standing in the family of +nations which it was difficult to claim elsewhere while Great Britain +continued to refuse to treat on terms of equality. The Senate therefore +ratified the treaty, and it was constitutionally complete. The +democratic majority in the House of Representatives, objecting to the +treaty as a surrender of previous engagements with France, and as a +failure to secure the rights of individuals against Great Britain, +particularly in the matter of impressment, raised the point that the +House was not bound to vote money for carrying into effect a treaty with +which it was seriously dissatisfied. The speech of Gallatin has been +selected to represent the republican view. It is a strong reflection of +the opposition to the Treaty. The reply of Ames is a forcible +presentation of both the national and the commercial aspects of his +party; it had a very great influence in securing, though by a very +narrow majority, the vote of the House in favor of the appropriation. + +There is some difficulty in fixing on any completely representative +oration to represent the republican point of view covering this period. +Gallatin's speech on the Jay Treaty together with Nicholas' argument for +the repeal of the sedition law may serve this purpose. The speech of +Nicholas shows the instinctive sympathy of the party for the individual +rather than for the government. It shows the force with which this +sympathy drove the party into a strict construction of the Constitution. +It seems also to bear the strongest internal indications that it was +inspired, if not entirely written, by the great leader of the party, +Jefferson. The federalists had used the popular war feeling against +France in 1798, not only to press the formation of an army and a navy +and the abrogation of the old and trouble-some treaties with France, but +to pass the alien and sedition laws as well. The former empowered the +President to expel from the country or imprison any alien whom he should +consider dangerous to the peace and safety of the United States. The +latter forbade, under penalty of fine and imprisonment, the printing or +publishing of any "false, scandalous, or malicious writings" calculated +to bring the Government, Congress, or the President into disrepute, or +to excite against them the hatred of the good people of the United +States, or to stir up sedition. It was inevitable that the republicans +should oppose such laws, and that the people should support them in +their opposition. At the election of 1800, the federal party was +overthrown, and the lost ground was never regained. With Jefferson's +election to the presidency, began the democratic period of the United +States; but it has always been colored strongly and naturally by the +federal bias toward law and order. + + + + +ALBERT GALLATIN, + +OF PENNSYLVANIA. (BORN 1761, DIED 1849.) + + + +ON THE BRITISH TREATY + +--HOUSE OF REPRESENTATIVES, APRIL 26, 1796. + + +MR. CHAIRMAN: + +I will not follow some of the gentlemen who have preceded me, by +dwelling upon the discretion of the legislature; a question which has +already been the subject of our deliberations, and been decided by a +solemn vote. Gentle-men who were in the minority on that question may +give any construction they please to the declaratory resolution of the +House; they may again repeat that to refuse to carry the treaty into +effect is a breach of the public faith which they conceive as being +pledged by the President and Senate. This has been the ground on which a +difference of opinion has existed since the beginning of the discussion. +It is because the House thinks that the faith of the nation cannot, on +those subjects submitted to the power of Congress, be pledged by any +constituted authority other than the legislature, that they resolved +that in all such cases it is their right and duty to consider the +expediency of carrying a treaty into effect. If the House think the +faith of the nation already pledged they can not claim any discretion; +there is no room left to deliberate upon the expediency of the thing. +The resolution now under consideration is merely "that it is expedient +to carry the British treaty into effect," and not whether we are bound +by national faith to do it. I will therefore consider the question of +expediency alone; and thinking as I do that the House has full +discretion on this subject, I conceive that there is as much +responsibility in deciding in the affirmative as in rejecting the +resolution, and that we shall be equally answerable for the consequences +that may follow from either. + +It is true, however, that there was a great difference between the +situation of this country in the year 1794, when a negotiator was +appointed, and that in which we are at present; and that consequences +will follow the refusal to carry into effect the treaty in its present +stage, which would not have attended a refusal to negotiate and to enter +into such a treaty. The question of expediency, therefore, assumes +before us a different and more complex shape than when before the +negotiator, the Senate, or the President. The treaty, in itself and +abstractedly considered, may be injurious; it may be such an instrument +as in the opinion of the House ought not to have been adopted by the +Executive; and yet such as it is we may think it expedient under the +present circumstances to carry it into effect. I will therefore first +take a view of the provisions of the treaty itself, and in the next +place, supposing it is injurious, consider, in case it is not carried +into effect, what will be the natural consequences of such refusal. + +The provisions of the treaty relate either to the adjustment of past +differences, or to the future intercourse of the two nations. The +differences now existing between Great Britain and this country arose +either from non-execution of some articles of the treaty of peace or +from the effects of the present European war. The complaints of Great +Britain in relation to the treaty of 1783 were confined to the legal +impediments thrown by the several States in the way of the recovery of +British debts. The late treaty provides adequate remedy on that subject; +the United States are bound to make full and complete compensation for +any losses arising from that source, and every ground of complaint on +the part of Great Britain is removed. + +Having thus done full justice to the other nation, America has a right +to expect that equal attention shall be paid to her claims arising from +infractions of the treaty of peace, viz., compensation for the negroes +carried away by the British; restoration of the western posts, and +indemnification for their detention. + +On the subject of the first claim, which has been objected to as +groundless, I will observe that I am not satisfied that the construction +given by the British government to that article of the treaty is +justified even by the letter of the article. That construction rests on +the supposition that slaves come under the general denomination of +booty, and are alienated the moment they fall into possession of an +enemy, so that all those who were in the hands of the British when the +treaty of peace was signed, must be considered as British and not as +American property, and are not included in the article. It will, +however, appear by recurring to Vattel when speaking of the right of +"Postliminium," that slaves cannot be considered as a part of the booty +which is alienated by the act of capture, and that they are to be ranked +rather with real property, to the profits of which only the captors are +entitled. Be that as it may, there is no doubt that the construction +given by America is that which was understood by the parties at the time +of making the treaty. The journals of Mr. Adams, quoted by a gentleman +from Connecticut, Mr. Coit, prove this fully; for when he says that the +insertion of this article was alone worth the journey of Mr. Laurens +from London, can it be supposed that he would have laid so much stress +on a clause, which, according to the new construction now attempted to +be given, means only that the British would commit no new act of +hostility--would not carry away slaves at that time in possession of +Americans? Congress recognized that construction by adopting the +resolution which has been already quoted, and which was introduced upon +the motion of Mr. Alexander Hamilton; and it has not been denied that +the British ministry during Mr. Adams' embassy also agreed to it. + +But when our negotiator had, for the sake of peace, waived that claim; +when he had also abandoned the right which America had to demand an +indemnification for the detention of the posts, although he had conceded +the right of a similar nature, which Great Britain had for the detention +of debts; when he had thus given up everything which might be supposed +to be of a doubtful nature, it might have been hoped that our last +claim--a claim on which there was not and there never had been any +dispute--the western posts should have been restored according to the +terms of the treaty of peace. Upon what ground the British insisted, and +our negotiator conceded, that this late restitution should be saddled +with new conditions, which made no part of the original contract, I am +at a loss to know. British traders are allowed by the new treaty to +remain within the posts without becoming citizens of the United States; +and to carry on trade and commerce with the Indians living within our +boundaries without being subject to any control from our government. In +vain is it said that if that clause had not been inserted we would have +found it to our interest to effect it by our own laws. Of this we are +alone competent judges; if that condition is harmless at present it is +not possible to foresee whether, under future circumstances, it will not +prove highly injurious; and whether harmless or not, it is not less a +permanent and new condition imposed upon us. But the fact is, that by +the introduction of that clause, by obliging us to keep within our +jurisdiction, as British subjects, the very men who have been the +instruments used by Great Britain to promote Indian wars on our +frontiers; by obliging us to suffer those men to continue their commerce +with the Indians living in our territory, uncontrolled by those +regulations which we have thought necessary in order to restrain our own +citizens in their intercourse with these tribes, Great Britain has +preserved her full influence with the Indian nations. By a restoration +of the posts under that condition we have lost the greatest advantage +that was expected from their possession, viz.: future security against +the Indians. In the same manner have the British preserved the +commercial advantages which result from the occupancy of those posts, by +stipulating as a permanent condition, a free passage for their goods +across our portages without paying any duty. + +Another article of the new treaty which is connected with the provisions +of the treaty of 1783 deserves consideration; I mean what relates to the +Mississippi. At the time when the navigation of that river to its mouth +was by the treaty of peace declared to be common to both nations, Great +Britain communicated to America a right which she held by virtue of the +treaty of 1763, and as owner of the Floridas; but since that cession to +the United States, England has ceded to Spain her claim on the Floridas, +and does not own at the present time an inch of ground, either on the +mouth or on any part of that river. Spain now stands in the place of +Great Britain, and by virtue of the treaty of 1783 it is to Spain and +America, and not to England and America, that the navigation of the +Mississippi is at present to be common. Yet, notwithstanding this change +of circumstances, we have repeated that article of the former treaty in +the late one, and have granted to Great Britain the additional privilege +of using our ports on the eastern side of the river, without which, as +they own no land thereon, they could not have navigated it. Nor is this +all. Upon a supposition that the Mississippi does not extend so far +northward as to be intersected by a line drawn due west from the Lake of +the Woods, or, in other words, upon a supposition that Great Britain has +not a claim even to touch the Mississippi, we have agreed, not upon what +will be the boundary line, but that we will hereafter negotiate to +settle that line. Thus leaving to future negotiation what should have +been finally settled by the treaty itself, in the same manner as all +other differences were, is calculated for the sole purpose, either of +laying the foundation of future disputes, or of recognizing a claim in +Great Britain on the waters of the Mississippi, even if their boundary +line leaves to the southward the sources of that river. Had not that +been the intention of Great Britain the line would have been settled at +once by the treaty, according to either of the two only rational ways of +doing it in conformity to the treaty of 1783, that is to say, by +agreeing that the line should run from the northernmost sources of the +Mississippi, either directly to the western extremity of the Lake of the +Woods, or northwardly till it intersected the line to be drawn due west +from that lake. But by repeating the article of the treaty of 1783; by +conceding the free use of our ports on the river, and by the insertion +of the fourth article, we have admitted that Great Britain, in all +possible events, has still a right to navigate that river from its +source to its mouth. What may be the future effects of these provisions, +especially as they regard our intercourse with Spain, it is impossible +at present to say; but although they can bring us no advantage, they may +embroil us with that nation: and we have already felt the effect of it +in our late treaty with Spain, since we were obliged, on account of that +clause of the British treaty, to accept as a gift and a favor the +navigation of that river which we had till then claimed as a right. + +But if, leaving commercial regulations, we shall seek in the treaty for +some provisions securing to us the free navigation of the ocean against +any future aggressions on our trade, where are they to be found? I can +add nothing to what has been said on the subject of contraband articles: +it is, indeed, self-evident, that, connecting our treaty with England on +that subject with those we have made with other nations, it amounts to a +positive compact to supply that nation exclusively with naval stores +whenever they may be at war. Had the list of contraband articles been +reduced--had naval stores and provisions, our two great staple +commodities, been declared not to be contra-band, security would have +been given to the free exportation of our produce; but instead of any +provision being made on that head, an article of a most doubtful nature, +and on which I will remark hereafter, has been introduced. But I mean, +for the present, to confine my observations to the important question of +free bottoms making free goods. It was with the utmost astonishment that +I heard the doctrine advanced on this floor, that such a provision, if +admitted, would prove injurious to America, inasmuch as in case of war +between this country and any other nation, the goods of that nation +might be protected by the English flag. It is not to a state of war that +the benefits of this provision would extend; but it is the only security +which neutral nations can have against the legal plundering on the high +seas, so often committed by belligerent powers. It is not for the sake +of protecting an enemy's property; it is not for the sake of securing an +advantageous carrying trade; but it is in order effectually to secure +ourselves against sea aggressions, that this provision is necessary. +Spoliations may arise from unjust orders, given by the government of a +belligerent nation to their officers and cruisers, and these may be +redressed by application to and negotiation with that order. But no +complaints, no negotiations, no orders of government itself, can give +redress when those spoliations are grounded on a supposition, that the +vessels of the neutral nation have an enemy's property on board, as long +as such property is not protected by the flag of the neutral nation; as +long as it is liable to be captured, it is not sufficient, in order to +avoid detention and capture, to have no such property on board. Every +privateer, under pretence that he suspects an enemy's goods to be part +of a cargo, may search, vex, and capture a vessel; and if in any corner +of the dominions of the belligerent power, a single judge can be found +inclined, if not determined, to condemn, at all events, before his +tribunal, all vessels so captured will be brought there, and the same +pretence which caused the capture will justify a condemnation. The only +nation who persists in the support of this doctrine, as making part of +the law of nations, is the first maritime power of Europe, whom their +interest, as they are the strongest, and as there is hardly a maritime +war in which they are not involved, leads to wish for a continuation of +a custom which gives additional strength to their overbearing dominion +over the seas. All the other nations have different sentiments and a +different interest. During the American war, in the year 1780, so fully +convinced were the neutral nations of the necessity of introducing that +doctrine of free bottoms making free goods, that all of them, excepting +Portugal, who was in a state of vassalage to, and a mere appendage of, +Great Britain, united in order to establish the principle, and formed +for that purpose the alliance known by the name of the armed neutrality. +All the belligerent powers, except England, recognized and agreed to the +doctrine. England itself was obliged, in some measure, to give, for a +while, a tacit acquiescence. America, at the time, fully admitted the +principle, although then at war. + +Since the year 1780, every nation, so far as my knowledge goes, has +refused to enter into a treaty of commerce with England, unless that +provision was inserted. Russia, for that reason, would not renew their +treaty, which had expired in 1786; although I believe that, during the +present war, and in order to answer the ends of the war, they formed a +temporary convention, which I have not seen, but which, perhaps, does +not include that provision. England consented to it in her treaty with +France, in 1788, and we are the first neutral nation who has abandoned +the common cause, given up the claim, and by a positive declaration +inserted in our treaty, recognized the contrary doctrine. It has been +said that, under the present circumstances, it could not be expected +that Great Britain would give up the point; perhaps so; but the +objection is not, that our negotiator has not been able to obtain that +principle, but that he has consented to enter into a treaty of commerce +which we do not want, and which has no connection with an adjustment of +our differences with Great Britain, without the principle contended for +making part of that treaty. Unless we can obtain security for our +navigation, we want no treaty; and the only provision which can give us +that security, should have been the _sine qua non_ of a treaty. On the +contrary, we have disgusted all the other neutral nations of Europe, +without whose concert and assistance there is but little hope that we +shall ever obtain that point; and we have taught Great Britain that we +are disposed to form the most intimate connections with her, even at the +expense of recognizing a principle the most fatal to the liberty of +commerce and to the security of our navigation. + +But, if we could not obtain anything which might secure us against +future aggressions, should we have parted, without receiving any +equivalent, with those weapons of self-defence, which, although they +could not repel, might, in some degree, prevent any gross attacks upon +our trade--any gross violation of our rights as a neutral nation? We +have no fleet to oppose or to punish the insults of Great Britain; but, +from our commercial relative situation, we have it in our power to +restrain her aggressions, by restrictions on her trade, by a total +prohibition of her manufactures, or by a sequestration of the debts due +to her. By the treaty, not satisfied with receiving nothing, not +satisfied with obtaining no security for the future, we have, of our own +accord, surrendered those defensive arms, for fear they might be abused +by ourselves. We have given up the two first, for the whole time during +which we might want them most, the period of the present war; and the +last, the power of sequestration, we have abandoned for ever: every +other article of the treaty of commerce is temporary; this perpetual. + +I shall not enter into a discussion of the immorality of sequestering +private property. What can be more immoral than war; or plundering on +the high seas, legalized under the name of privateering? Yet +self-defence justifies the first, and the necessity of the case may, at +least in some instances, and where it is the only practicable mode of +warfare left to a nation, apologize even for the last. In the same +manner, the power of sequestration may be resorted to, as the last +weapon of self-defence, rather than to seek redress by an appeal to +arms. It is the last peace measure that can be taken by a nation; but +the treaty, by declaring, that in case of national differences it shall +not be resorted to, has deprived us of the power of judging of its +propriety, has rendered it an act of hostility, and has effectually +taken off that restraint, which a fear of its exercise laid upon Great +Britain. + +Thus it appears that by the treaty we have promised full compensation to +England for every possible claim they may have against us, that we have +abandoned every claim of a doubtful nature, and that we have consented +to receive the posts, our claim to which was not disputed, under new +conditions and restrictions never before contemplated; that after having +obtained by those concessions an adjustment of past differences, we have +entered into a new agreement, unconnected with those objects, which have +heretofore been subjects of discussion between the two nations; and that +by this treaty of commerce and navigation, we have obtained no +commercial advantage which we did not enjoy before, we have obtained no +security against future aggressions, no security in favor of the freedom +of our navigation, and we have parted with every pledge we had in our +hands, with every power of restriction, with every weapon of +self-defence which is calculated to give us any security. + +From the review I have taken of the treaty, and the opinions I have +expressed, it is hardly necessary for me to add, that I look upon the +instrument as highly injurious to the interests of the United States, +and that I earnestly wish it never had been made; but whether in its +present stage the House ought to refuse to carry it into effect, and +what will be the probable consequences of a refusal, is a question which +requires the most serious attention, and which I will now attempt to +investigate. + +Should the treaty be finally defeated, either new negotiations will be +more successful or Great Britain will refuse to make a new arrangement, +and leave things in the situation in which they now are, or war will be +the consequence. I will, in the course of my observations, make some +remarks on the last supposition. I do not think that the first will be +very probable at present, and I am of opinion that, under the present +circumstances, and until some change takes place in our own or in the +relative political situation of the European nations, it is to be +apprehended that, in such a case, new negotiations will either be +rejected or prove unsuccessful. Such an event might have perhaps +followed a rejection of the treaty even by the Senate or by the +President. After the negotiator employed by the United States had once +affixed his signature it must have become very problematical, unless he +had exceeded his powers, whether a refusal to sanction the contract he +had made would not eventually defeat, at least for a time, the prospect +of a new treaty. I conceive that the hopes of obtaining better +conditions by a new negotiation are much less in the present stage of +the business than they were when the treaty was in its inchoate form +before the Executive; and in order to form a just idea of the +consequences of a rejection at present, I will contemplate them upon +this supposition, which appears to me most probable, to wit, that no new +treaty will take place for a certain period of time. + +In mentioning my objections to the treaty itself, I have already stated +the advantages which in my opinion would result to the United States +from the non-existence of that instrument; I will not repeat, but +proceed at once to examine what losses may accrue that can be set off +against those advantages. + +The further detention of the posts, the national stain that will result +from receiving no reparation for the spoliations on our trade, and the +uncertainty of a final adjustment of our differences with Great Britain, +are the three evils which strike me as resulting from a rejection of the +treaty; and when to those considerations I add that of the present +situation of this country, of the agitation of the public mind, and of +the advantages that will arise from union of sentiments, however +injurious and unequal I conceive the treaty to be, however repugnant it +may be to my feelings, and perhaps to my prejudices, I feel induced to +vote for it, and will not give my assent to any proposition which will +imply its rejection. But the conduct of Great Britain since the treaty +was signed, the impressment of our seamen, and their uninterrupted +spoliations on our trade, especially by seizing our vessels laden with +provisions, a proceeding which they may perhaps justify by one of the +articles of the treaty, are such circumstances as may induce us to pause +awhile, in order to examine whether it is proper, immediately and +without having obtained any explanation thereon, to adopt the resolution +on the table, and to pass, at present, all the laws necessary to carry +the treaty into effect. + +Whatever evils may follow a rejection of the treaty, they will not +attend a postponement. To suspend our proceedings will not throw us into +a situation which will require new negotiations, new arrangements on the +points already settled and well understood by both parties. It will be +merely a delay, until an explanation of the late conduct of the British +towards us may be obtained, or until that conduct may be altered. If, on +the contrary, we consent to carry the treaty into effect, under the +present circumstances, what will be our situation in future? It is by +committing the most wanton and the most unprovoked aggressions on our +trade; it is by seizing a large amount of our property as a pledge for +our good behavior, that Great Britain has forced the nation into the +present treaty. If by threatening new hostilities, or rather by +continuing her aggressions, even after the treaty is made, she can force +us also to carry it into effect, our acquiescence will be tantamount to +a declaration that we mean to submit in proportion to the insults that +are offered to us; and this disposition being once known, what security +have we against new insults, new aggressions, new spoliations, which +probably will lay the foundation of some additional sacrifices on ours? +It has been said, and said with truth, that to put up with the +indignities we have received without obtaining any reparation, which +will probably be the effect of defeating the treaty, is highly +dishonorable to the nation. + +In my opinion it is still more so not only tamely to submit to a +continuation of these national insults, but while they thus continue +uninterrupted, to carry into effect the instrument we have consented to +accept as a reparation for former ones. When the general conduct of +Great Britain towards us from the beginning of the present war is +considered; when the means by which she has produced the treaty are +reflected on, a final compliance on our part while she still persists in +that conduct, whilst the chastening rod of that nation is still held +over us, is in my opinion a dereliction of national interest, of +national honor, of national independence. + +But it is said, that war must be the consequence of our delaying to +carry the treaty into effect. Do the gentlemen mean, that if we reject +the treaty, if we do not accept the reparation there given to us, in +order to obtain redress, we have no alternative left but war? If we must +go to war in order to obtain reparation for insults and spoliations on +our trade, we must do it, even if we carry the present treaty into +effect; for this treaty gives us no reparation for the aggressions +committed since it was ratified, has not produced a discontinuance of +those acts of hostility, and gives us no security that they shall be +discontinued. But the arguments of those gentlemen, who suppose that +America must go to war, apply to a final rejection of the treaty, and +not to a delay. I do not propose to refuse the reparation offered by the +treaty, and to put up with the aggressions committed; I have agreed that +that reparation, such as it is, is a valuable article of the treaty; I +have agreed, that under the present circumstances, a greater evil will +follow a total rejection of, than an acquiescence in, the treaty. The +only measure which has been mentioned, in preference to the one now +under discussion, is a suspension, a postponement, whilst the present +spoliations continue, in hopes to obtain for them a similar reparation, +and assurances that they shall cease. + +But is it meant to insinuate that it is the final intention of those who +pretend to wish only for a postponement, to involve this country in a +war? There has been no period during the present European war, at which +it would not have been equally weak and wicked to adopt such measures as +must involve America in the contest, unless forced into it for the sake +of self-defence; but, at this time, to think of it would fall but little +short of madness. The whole American nation would rise in opposition to +the idea; and it might at least have been recollected, that war can not +be declared, except by Congress, and that two of the branches of +government are sufficient to check the other in any supposed attempt of +this kind. + +If there is no necessity imposed upon America to go to war, if there is +no apprehension she will, by her own conduct, involve herself in one, +the danger must arise from Great Britain, and the threat is, that she +will make war against us if we do not comply. Gentlemen first tell us +that we have made the best possible bargain with that nation; that she +has conceded everything, without receiving a single iota in return, and +yet they would persuade us, that she will make war against us in order +to force us to accept that contract so advantageous to us, and so +injurious to herself. It will not be contended that a delay, until an +amicable explanation is obtained, could afford even a pretence to Great +Britain for going to war; and we all know that her own interest would +prevent her. If another campaign takes place, it is acknowledged, that +all her efforts are to be exerted against the West Indies. She has +proclaimed her own scarcity of provisions at home, and she must depend +on our supplies to support her armament. It depends upon us to defeat +her whole scheme, and this is a sufficient pledge against open +hostility, if the European war continues. If peace takes place, there +will not be even the appearance of danger; the moment when a nation is +happy enough to emerge from one of the most expensive, bloody, and +dangerous wars in which she ever has been involved, will be the last she +would choose to plunge afresh into a similar calamity. + +But to the cry of war, the alarmists do not fail to add that of +confusion; and they have declared, even on this floor, that if the +resolution is not adopted government will be dissolved. Government +dissolved in case a postponement takes place! The idea is too absurd to +deserve a direct answer. But I will ask those gentlemen, by whom is +government to be dissolved? Certainly not by those who may vote against +the resolution; for although they are not perhaps fortunate enough to +have obtained the confidence of the gentlemen who voted against them, +still it must be agreed, that those who succeed in their wishes, who +defeat a measure they dislike, will not wish to destroy that government, +which they hold so far in their hands as to be able to carry their own +measures. For them to dissolve government, would be to dissolve their +own power. By whom, then, I again ask, is the government to be +dissolved? The gentlemen must answer--by themselves--or they must +declare that they mean nothing but to alarm. Is it really the language +of those men, who profess to be, who distinguish themselves by the +self-assumed appellation of friends to order, that if they do not +succeed in all their measures they will overset government--and have all +their professions been only a veil to hide their love of power, a +pretence to cover their ambition? Do they mean, that the first event +which shall put an end to their own authority shall be the last act of +government? As to myself, I do not believe that they have such +intentions; I have too good an opinion of their patriotism to allow +myself to admit such an idea a single moment; but I think myself +justifiable in entertaining a belief, that some amongst them, in order +to carry a favorite, and what they think to be an advantageous measure, +mean to spread an alarm which they do not feel; and I have no doubt, +that many have contracted such a habit of carrying every measure of +government as they please, that they really think that every thing must +be thrown into confusion the moment they are thwarted in a matter of +importance. I hope that experience will in future cure their fears. But, +at all events, be the wishes and intentions of the members of this House +what they may, it is not in their power to dissolve the government. The +people of the United States, from one end of the continent to the other, +are strongly attached to their Constitution; they would restrain and +punish the excesses of any party, of any set of men in government, who +would be guilty of the attempt; and on them I will rest as a full +security against every endeavor to destroy our Union, our Constitution, +or our government. + +If the people of the United States wish this House to carry the treaty +into effect immediately, and notwithstanding the continued aggressions +of the British, if their will was fairly and fully expressed, I would +immediately acquiesce; but since an appeal has been made to them, it is +reasonable to suspend a decision until their sentiments are known. Till +then I must follow my own judgment; and as I cannot see that any +possible evils will follow a delay, I shall vote against the resolution +before the committee, in order to make room, either for that proposed by +my colleague, Mr. Maclay, or for any other, expressed in any manner +whatever, provided it embraces the object I have in view, to wit, the +suspension of the final vote--a postponement of the laws necessary to +carry the treaty into effect, until satisfactory assurances are obtained +that Great Britain means, in future, to show us that friendly +disposition which it is my earnest wish may at all times be cultivated +by America towards all other nations. + + + + +FISHER AMES, + +OF MASSACHUSETTS. (BORN 1758, DIED 1808.) + + +ON THE BRITISH TREATY, HOUSE OF REPRESENTATIVES, APRIL 28, 1796. + + +It would be strange, that a subject, which has aroused in turn all the +passions of the country, should be discussed without the interference of +any of our own. We are men, and therefore not exempt from those +passions; as citizens and representatives, we feel the interests that +must excite them. The hazard of great interests cannot fail to agitate +strong passions. We are not disinterested; it is impossible we should be +dispassionate. The warmth of such feelings may becloud the judgment, +and, for a time, pervert the understanding. But the public sensibility, +and our own, has sharpened the spirit of inquiry, and given an animation +to the debate. The public attention has been quickened to mark the +progress of the discussion, and its judgment, often hasty and erroneous +on first impressions, has become solid and enlightened at last. Our +result will, I hope, on that account, be safer and more mature, as well +as more accordant with that of the nation. The only constant agents in +political affairs are the passions of men. Shall we complain of our +nature--shall we say that man ought to have been made otherwise? It is +right already, because He, from whom we derive our nature, ordained it +so; and because thus made and thus acting, the cause of truth and the +public good is more surely promoted. + +The treaty is bad, fatally bad, is the cry. It sacrifices the interest, +the honor, the independence of the United States, and the faith of our +engagements to France. If we listen to the clamor of party intemperance, +the evils are of a number not to be counted, and of a nature not to be +borne, even in idea. The language of passion and exaggeration may +silence that of sober reason in other places, it has not done it here. +The question here is, whether the treaty be really so very fatal as to +oblige the nation to break its faith. I admit that such a treaty ought +not to be executed. I admit that self-preservation is the first law of +society, as well as of individuals. It would, perhaps, be deemed an +abuse of terms to call that a treaty, which violates such a principle. I +waive also, for the present, any inquiry, what departments shall +represent the nation, and annul the stipulations of a treaty. I content +myself with pursuing the inquiry, whether the nature of this compact be +such as to justify our refusal to carry it into effect. A treaty is the +promise of a nation. Now, promises do not always bind him that makes +them. But I lay down two rules, which ought to guide us in this case. +The treaty must appear to be bad, not merely in the petty details, but +in its character, principle, and mass. And in the next place, this ought +to be ascertained by the decided and general concurrence of the +enlightened public. + +I confess there seems to be something very like ridicule thrown over the +debate by the discussion of the articles in detail. The undecided point +is, shall we break our faith? And while our country and enlightened +Europe, await the issue with more than curiosity, we are employed to +gather piecemeal, and article by article, from the instrument, a +justification for the deed by trivial calculations of commercial profit +and loss. This is little worthy of the subject, of this body, or of the +nation. If the treaty is bad, it will appear to be so in its mass. Evil +to a fatal extreme, if that be its tendency, requires no proof; it +brings it. Extremes speak for themselves and make their own law. What if +the direct voyage of American ships to Jamaica with horses or lumber, +might net one or two per centum more than the present trade to Surinam; +would the proof of the fact avail any thing in so grave a question as +the violation of the public engagements? + +Why do they complain, that the West Indies are not laid open? Why do +they lament, that any restriction is stipulated on the commerce of the +East Indies? Why do they pretend, that if they reject this, and insist +upon more, more will be accomplished? Let us be explicit--more would not +satisfy. If all was granted, would not a treaty of amity with Great +Britain still be obnoxious? Have we not this instant heard it urged +against our envoy, that he was not ardent enough in his hatred of Great +Britain? A treaty of amity is condemned because it was not made by a +foe, and in the spirit of one. The same gentleman, at the same instant, +repeats a very prevailing objection, that no treaty should be made with +the enemy of France. No treaty, exclaim others, should be made with a +monarch or a despot; there will be no naval security while those +sea-robbers domineer on the ocean; their den must be destroyed; that +nation must be extirpated. + +I like this, sir, because it is sincerity. With feelings such as these, +we do not pant for treaties. Such passions seek nothing, and will be +content with nothing, but the destruction of their object. If a treaty +left King George his island, it would not answer; not if he stipulated +to pay rent for it. It has been said, the world ought to rejoice if +Britain was sunk in the sea; if where there are now men and wealth and +laws and liberty, there was no more than a sand bank for sea monsters to +fatten on; a space for the storms of the ocean to mingle in conflict. + +What is patriotism? Is it a narrow affection for the spot where a man +was born? Are the very clods where we tread entitled to this ardent +preference because they are greener? No, sir, this is not the character +of the virtue, and it soars higher for its object. It is an extended +self-love, mingling with all the enjoyments of life, and twisting itself +with the minutest filaments of the heart. It is thus we obey the laws of +society, because they are the laws of virtue. In their authority we see, +not the array of force and terror, but the venerable image of our +country's honor. Every good citizen makes that honor his own, and +cherishes it not only as precious, but as sacred. He is willing to risk +his life in its defence, and is conscious that he gains protection while +he gives it. For, what rights of a citizen will be deemed inviolable +when a state renounces the principles that constitute their security? Or +if his life should not be invaded, what would its enjoyments be in a +country odious in the eyes of strangers and dishonored in his own? Could +he look with affection and veneration to such a country as his parent? +The sense of having one would die within him; he would blush for his +patriotism, if he retained any, and justly, for it would be a vice. He +would be a banished man in his native land. I see no exception to the +respect that is paid among nations to the law of good faith. If there +are cases in this enlightened period when it is violated, there are none +when it is decried. It is the philosophy of politics, the religion of +governments. It is observed by barbarians--a whiff of tobacco smoke, or +a string of beads, gives not merely binding force but sanctity to +treaties. Even in Algiers, a truce may be bought for money, but when +ratified, even Algiers is too wise, or too just, to disown and annul its +obligation. Thus we see, neither the ignorance of savages, nor the +principles of an association for piracy and rapine, permit a nation to +despise its engagements. If, sir, there could be a resurrection from the +foot of the gallows, if the victims of justice could live again, collect +together and form a society, they would, however loath, soon find +themselves obliged to make justice, that justice under which they fell, +the fundamental law of their state. They would perceive, it was their +interest to make others respect, and they would therefore soon pay some +respect themselves, to the obligations of good faith. + +It is painful, I hope it is superfluous, to make even the supposition, +that America should furnish the occasion of this opprobrium. No, let me +not even imagine, that a republican government, sprung, as our own is, +from a people enlightened and uncorrupted, a government whose origin is +right, and whose daily discipline is duty, can, upon solemn debate, make +its option to be faithless--can dare to act what despots dare not avow, +what our own example evinces, the states of Barbary are unsuspected of. +No, let me rather make the supposition, that Great Britain refuses to +execute the treaty, after we have done every thing to carry it into +effect. Is there any language of reproach pungent enough to express your +commentary on the fact? What would you say, or rather what would you not +say? Would you not tell them, wherever an Englishman might travel, shame +would stick to him--he would disown his country. You would exclaim, +England, proud of your wealth, and arrogant in the possession of +power--blush for these distinctions, which become the vehicles of your +dishonor. Such a nation might truly say to corruption, thou art my +father, and to the worm, thou art my mother and my sister. We should say +of such a race of men, their name is a heavier burden than their debt. + +The refusal of the posts (inevitable if we reject the treaty) is a +measure too decisive in its nature to be neutral in its consequences. +From great causes we are to look for great effects. A plain and obvious +one will be, the price of the Western lands will fall. Settlers will not +choose to fix their habitation on a field of battle. Those who talk so +much of the interest of the United States, should calculate how deeply +it will be affected by rejecting the treaty; how vast a tract of wild +land will almost cease to be property. This loss, let it be observed, +will fall upon a fund expressly devoted to sink the national debt. What +then are we called upon to do? However the form of the vote and the +protestations of many may disguise the proceeding, our resolution is in +substance, and it deserves to wear the title of a resolution to prevent +the sale of the Western lands and the discharge of the public debt. + +Will the tendency to Indian hostilities be contested by any one? +Experience gives the answer. The frontiers were scourged with war till +the negotiation with Great Britain was far advanced, and then the state +of hostility ceased. Perhaps the public agents of both nations are +innocent of fomenting the Indian war, and perhaps they are not. We ought +not, however, to expect that neighboring nations, highly irritated +against each other, will neglect the friendship of the savages; the +traders will gain an influence and will abuse it; and who is ignorant +that their passions are easily raised, and hardly restrained from +violence? Their situation will oblige them to choose between this +country and Great Britain, in case the treaty should be rejected. They +will not be our friends, and at the same time the friends of our +enemies. + +But am I reduced to the necesity of proving this point? Certainly the +very men who charged the Indian war on the detention of the posts, will +call for no other proof than the recital of their own speeches. It is +remembered with what emphasis, with what acrimony, they expatiated on +the burden of taxes, and the drain of blood and treasure into the +Western country, in consequence of Britain's holding the posts. Until +the posts are restored, they exclaimed, the treasury and the frontiers +must bleed. + +If any, against all these proofs, should maintain that the peace with +the Indians will be stable without the posts, to them I urge another +reply. From arguments calculated to produce conviction, I will appeal +directly to the hearts of those who hear me, and ask, whether it is not +already planted there? I resort especially to the convictions of the +Western gentlemen, whether supposing no posts and no treaty, the +settlers will remain in security? Can they take it upon them to say, +that an Indian peace, under these circumstances, will prove firm? No, +sir, it will not be peace, but a sword; it will be no better than a lure +to draw victims within the reach of the tomahawk. + +On this theme my emotions are unutterable. If I could find words for +them, if my powers bore any proportion to my zeal, I would swell my +voice to such a note of remonstrance, it should reach every log-house +beyond the mountains. I would say to the inhabitants, wake from your +false security; your cruel dangers, your more cruel apprehensions are +soon to be renewed; the wounds, yet unhealed, are to be torn open again; +in the daytime, your path through the woods will be ambushed; the +darkness of midnight will glitter with the blaze of your dwellings. You +are a father--the blood of your sons shall fatten your cornfield; you +are a mother--the war-whoop shall wake the sleep of the cradle. + +On this subject you need not suspect any deception on your feelings. It +is a spectacle of horror, which cannot be overdrawn. If you have nature +in your hearts, it will speak a language, compared with which all I have +said or can say will be poor and frigid. + +Will it be whispered that the treaty has made me a new champion for the +protection of the frontiers? It is known that my voice as well as vote +have been uniformly given in conformity with the ideas I have expressed. +Protection is the right of the frontiers; it is our duty to give it. + +Who will accuse me of wandering out of the subject? Who will say that I +exaggerate the tendencies of our measures? Will any one answer by a +sneer, that all this is idle preaching? Will any one deny, that we are +bound, and I would hope to good purpose, by the most solemn sanctions of +duty for the vote we give? Are despots alone to be reproached for +unfeeling indifference to the tears and blood of their subjects? Have +the principles on which you ground the reproach upon cabinets and kings +no practical influence, no binding force? Are they merely themes of idle +declamation introduced to decorate the morality of a newspaper essay, or +to furnish petty topics of harangue from the windows of that +state-house? I trust it is neither too presumptuous nor too late to ask. +Can you put the dearest interest of society at risk without guilt and +without remorse. + +It is vain to offer as an excuse, that public men are not to be +reproached for the evils that may happen to ensue from their measures. +This is very true where they are unforeseen or inevitable. Those I have +depicted are not unforeseen; they are so far from inevitable, we are +going to bring them into being by our vote. We choose the consequences, +and become as justly answerable for them as for the measures that we +know will produce them. + +By rejecting the posts we light the savage fires--we bind the victims. +This day we undertake to render account to the widows and orphans whom +our decision will make, to the wretches that will be roasted at the +stake, to our country, and I do not deem it too serious to say, to +conscience and to God. We are answerable, and if duty be any thing more +than a word of imposture, if conscience be not a bug-bear, we are +preparing to make ourselves as wretched as our country. + +There is no mistake in this case--there can be none. Experience has +already been the prophet of events, and the cries of future victims have +already reached us. The Western inhabitants are not a silent and +uncomplaining sacrifice. The voice of humanity issues from the shade of +their wilderness. It exclaims that, while one hand is held up to reject +this treaty, the other grasps a tomahawk. It summons our imagination to +the scenes that will open. It is no great effort of the imagination to +conceive that events so near are already begun. I can fancy that I +listen to the yells of savage vengeance, and the shrieks of torture. +Already they seem to sigh in the west wind-already they mingle with +every echo from the mountains. + +It is not the part of prudence to be inattentive to the tendencies of +measures. Where there is any ground to fear that these will prove +pernicious, wisdom and duty forbid that we should underrate them. If we +reject the treaty, will our peace be as safe as if we executed it with +good faith? I do honor to the intrepid spirits of those who say it will. +It was formerly understood to constitute the excellence of a man's faith +to believe without evidence and against it. + +But, as opinions on this article are changed, and we are called to act +for our country, it becomes us to explore the dangers that will attend +its peace, and to avoid them if we can. + +Is there any thing in the prospect of the interior state of the country +to encourage us to aggravate the dangers of a war? Would not the shock +of that evil produce another, and shake down the feeble and then +unbraced structure of our government? Is this a chimera? Is it going off +the ground of matter of fact to say, the rejection of the appropriation +proceeds upon the doctrine of a civil war of the departments? Two +branches have ratified a treaty, and we are going to set it aside. How +is this disorder in the machine to be rectified? While it exists its +movements must stop, and when we talk of a remedy, is that any other +than the formidable one of a revolutionary one of the people? And is +this, in the judgment even of my opposers, to execute, to preserve the +constitution and the public order? Is this the state of hazard, if not +of convulsion, which they can have the courage to contemplate and to +brave, or beyond which their penetration can reach and see the issue? +They seem to believe, and they act as if they believed, that our union, +our peace, our liberty, are invulnerable and immortal--as if our happy +state was not to be disturbed by our dissentions, and that we are not +capable of falling from it by our unworthiness. Some of them have, no +doubt, better nerves and better discernment than mine. They can see the +bright aspects and the happy consequences of all this array of horrors. +They can see intestine discords, our government disorganized, our wrongs +aggravated, multiplied, and unredressed, peace with dishonor, or war +without justice, union, or resources, in "the calm lights of mild +philosophy." + +But whatever they may anticipate as the next measure of prudence and +safety, they have explained nothing to the house. After rejecting the +treaty, what is to be the next step? They must have foreseen what ought +to be done; they have doubtless resolved what to propose. Why then are +they silent? Dare they not avow their plan of conduct, or do they wait +till our progress toward confusion shall guide them in forming it? + +Let me cheer the mind, weary, no doubt, and ready to despond on this +prospect, by presenting another, which it is yet in our power to +realize. Is it possible for a real American to look at the prosperity of +this country without some desire for its continuance--without some +respect for the measures which, many will say, produced, and all will +confess, have preserved, it? Will he not feel some dread that a change +of system will reverse the scene? The well-grounded fears of our +citizens in 1794 were removed by the treaty, but are not forgotten. Then +they deemed war nearly inevitable, and would not this adjustment have +been considered, at that day, as a happy escape from the calamity? The +great interest and the general desire of our people, was to enjoy the +advantages of neutrality. This instrument, however misrepresented, +affords America that inestimable security. The causes of our disputes +are either cut up by the roots, or referred to a new negotiation after +the end of the European war. This was gaining everything, because it +confirmed our neutrality, by which our citizens are gaining everything. +This alone would justify the engagements of the government. For, when +the fiery vapors of the war lowered in the skirts of our horizon, all +our wishes were concentred in this one, that we might escape the +desolation of the storm. This treaty, like a rainbow on the edge of the +cloud, marked to our eyes the space where it was raging, and afforded, +at the same time, the sure prognostic of fair weather. If we reject it, +the vivid colors will grow pale,--it will be a baleful meteor portending +tempest and war. + +Let us not hesitate, then, to agree to the appropriation to carry it +into faithful execution. + +Thus we shall save the faith of our nation, secure its peace, and +diffuse the spirit of confidence and enterprise that will augment its +prosperity. The progress of wealth and improvement is wonderful, and, +some will think, too rapid. The field for exertion is fruitful and vast, +and if peace and good government should be preserved, the acquisitions +of our citizens are not so pleasing as the proofs of their industry--as +the instruments of their future success. The rewards of exertion go to +augment its power. Profit is every hour becoming capital. The vast crop +of our neutrality is all seed-wheat, and is sown again to swell, almost +beyond calculation, the future harvest of prosperity. And in this +progress, what seems to be fiction is found to fall short of experience. + +I rose to speak under impressions that I would have resisted if I could. +Those who see me will believe that the reduced state of my health has +unfitted me, almost equally for much exertion of body or mind. +Unprepared for debate, by careful reflection in my retirement, or by +long attention here, I thought the resolution I had taken to sit silent, +was imposed by necesity, and would cost me no effort to maintain. With a +mind thus vacant of ideas, and sinking, as I really am, under a sense of +weakness, I imagined the very desire of speaking was extinguished by the +persuasion that I had nothing to say. Yet, when I come to the moment of +deciding the vote, I start back with dread from the edge of the pit into +which we are plunging. In my view, even the minutes I have spent in +expostulation have their value, because they protract the crisis, and +the short period in which alone we may resolve to escape it. + +I have thus been led, by my feelings, to speak more at length than I +intended. Yet I have, perhaps, as little personal interest in the event +as any one here. There is, I believe, no member who will not think his +chance to be a witness of the consequences greater than mine. If, +however, the vote shall pass to reject, and a spirit should rise, as it +will, with the public disorders, to make confusion worse confounded, +even I, slender and almost broken as my hold upon life is, may outlive +the government and constitution of my country. + + + + +JOHN NICHOLAS + + +ON THE PROPOSED REPEAL OF THE SEDITION LAW + +--HOUSE OF REPRESENTATIVES, FEB. 25, 1799 + + +MR. CHAIRMAN: + + +The Select Committee had very truly stated that only the second and +third sections of the act are complained of; that the part of the law +which punishes seditious acts is acquiesced in, and that the part which +goes to restrain what are called seditious writings is alone the object +of the petitions. This part of the law is complained of as being +unwarranted by the Constitution, and destructive of the first principles +of republican government. It is always justifiable, in examining the +principle of a law, to inquire what other laws can be passed with equal +reason, and to impute to it all the mischiefs for which it may be used +as a precedent. + +In this case, little inquiry is left for us to make, the arguments in +favor of the law carrying us immediately and by inevitable consequence +to absolute power over the press. + +It is not pretended that the Constitution has given any express +authority, which they claim, for passing this law, and it is claimed +only as implied in that clause of the Constitution which says: "Congress +shall have power to make all laws which shall be necessary and proper +for carrying into execution the foregoing powers, and all other powers +vested by this Constitution in the Government of the United States, or +in any department or officer thereof." It is clear that this clause was +intended to be merely an auxiliary to the powers specially enumerated in +the Constitution; and it must, therefore, be so construed as to aid +them, and at the same time to leave the boundaries between the General +Government and the State governments untouched. The argument by which +the Select Committee have endeavored to establish the authority of +Congress over the press is the following: "Congress has power to punish +seditious combinations to resist the laws, and therefore Congress must +have the power to punish false, scandalous, and malicious writings; +because such writings render the Administration odious and contemptible +among the people, and by doing so have a tendency to produce opposition +to the laws." To make it support the construction of the committee, it +should say that "Congress shall have power over all acts which are +likely to produce acts which hinder the execution of," etc. Our +construction confines the power of Congress to such acts as immediately +interfere with the execution of the enumerated powers of Congress, +because the power can only be necessary as well as proper when the acts +would really hinder the execution. The construction of the committee +extends the power of Congress to all acts which have a relation, ever so +many degrees removed, to the enumerated powers, or rather to the acts +which would hinder their execution. By our construction, the +Constitution remains defined and limited, according to the plain intent +and meaning of its framers; by the construction of the committee, all +limitation is lost, and it may be extended over the different actions of +life as speculative politicians may think fit. What has a greater +tendency to fit men for insurrection and resistance to government than +dissolute, immoral habits, at once destroying love of order, and +dissipating the fortune which gives an interest in society? The doctrine +that Congress can punish any act which has a tendency to hinder the +execution of the laws, as well as acts which do hinder it, will, +therefore, clearly entitle them to assume a general guardianship over +the morals of the people of the United States. Again, nothing can have a +greater tendency to ensure obedience to law, and nothing can be more +likely to check every propensity to resistance to government, than +virtuous and wise education; therefore Congress must have power to +subject all the youth of the United States to a certain system of +education. It would be very easy to connect every sort of authority used +by any government with the well-being of the General Government, and +with as much reason as the committee had for their opinion, to assign +the power to Congress, although the consequence must be the prostration +of the State governments. + +But enough has been said to show the necessity of adhering to the common +meaning of the word "necessary" in the clause under consideration, which +is, that the power to be assumed must be one without which some one of +the enumerated powers cannot exist or be maintained. It cannot escape +notice, however, that the doctrine contended for, that the +Administration must be protected against writings which are likely to +bring it into contempt, as tending to opposition, will apply with more +force to truth than falsehood. It cannot be denied that the discovery of +maladministration will bring more lasting discredit on the government of +a country than the same charges would if untrue. This is not an alarm +founded merely on construction, for the governments which have exercised +control over the press have carried it the whole length. This is +notoriously the law of England, whence this system has been drawn; for +there truth and falsehood are alike subject to punishment, if the +publication brings contempt on the officers of government. + +The law has been current by the fair pretence of punishing nothing but +falsehood, and by holding out to the accused the liberty of proving the +truth of the writing; but it was from the first apprehended, and it +seems now to be adjudged (the doctrine has certainly been asserted on +this floor), that matters of opinion, arising on notorious facts, come +under the law. If this is the case, where is the advantage of the law +requiring that the writing should be false before a man shall be liable +to punishment, or of his having the liberty of proving the truth of his +writing? Of the truth of facts there is an almost certain test; the +belief of honest men is certain enough to entitle it to great +confidence; but their opinions have no certainty at all. The trial of +the truth of opinions, in the best state of society, would be altogether +precarious; and perhaps a jury of twelve men could never be found to +agree in any one opinion. At the present moment, when, unfortunately, +opinion is almost entirely governed by prejudice and passion, it may be +more decided, but nobody will say it is more respectable. Chance must +determine whether political opinions are true or false, and it will not +unfrequently happen that a man will be punished for publishing opinions +which are sincerely his, and which are of a nature to be extremely +interesting to the public, merely because accident or design has +collected a jury of different sentiments. + +Is the power claimed proper for Congress to possess? It is believed not, +and this will readily be admitted if it can be proved, as I think it +can, that the persons who administer the government have an interest in +the power to be confided opposed to that of the community. It must be +agreed that the nature of our government makes a diffusion of knowledge +of public affairs necessary and proper, and that the people have no mode +of obtaining it but through the press. The necessity for their having +this information results from its being their duty to elect all the +parts of the Government, and, in this way, to sit in judgment over the +conduct of those who have been heretofore employed. The most important +and necessary information for the people to receive is that of the +misconduct of the Government, because their good deeds, although they +will produce affection and gratitude to public officers, will only +confirm the existing confidence, and will, therefore, make no change in +the conduct of the people. The question, then, whether the Government +ought to have control over the persons who alone can give information +throughout a country is nothing more than this, whether men, interested +in suppressing information necessary for the people to have, ought to be +entrusted with the power, or whether they ought to have a power which +their personal interest leads to the abuse of. I am sure no candid man +will hesitate about the answer; and it may also safely be left with +ingenuous men to say whether the misconduct which we sometimes see in +the press had not better be borne with, than to run the risk of +confiding the power of correction to men who will be constantly urged by +their own feelings to destroy its usefulness. How long can it be +desirable to have periodical elections for the purpose of judging of the +conduct of our rulers, when the channels of information may be choked at +their will? + +But, sir, I have ever believed this question as settled by an amendment +to the Constitution, proposed with others for declaring and restricting +its powers, as the preamble declares, at the request of several of the +States, made at the adoption of the Constitution, in order to prevent +their misconstruction and abuse. This amendment is in the following +words: "Congress shall make no law respecting an establishment of +religion, or prohibiting the free exercise thereof, or abridging the +freedom of speech or of the press, or the right of the people peaceably +to assemble and petition the Government for a redress of grievances." +There can be no doubt about the effect of this amendment, unless the +"freedom of the press" means something very different from what it +seems; or unless there was some actual restraint upon it, under the +Constitution of the United States, at the time of the adoption of this +amendment, commensurate with that imposed by this law. Both are +asserted, viz., that the "freedom of the press" has a defined, limited +meaning, and that the restraints of the common law were in force under +the United States, and are greater than those of the act of Congress, +and that, therefore, either way the "freedom of the press" is not +abridged. + +It is asserted by the select committee, and by everybody who has gone +before them in this discussion, that the "freedom of the press," +according to the universally received acceptation of the expression, +means only an exemption from all previous restraints on publication, but +not an exemption from any punishment Government pleases to inflict for +what is published. This definition does not at all distinguish between +publications of different sorts, but leaves all to the regulation of the +law, only forbidding Government to interfere until the publication is +really made. The definition, if true, so reduces the effect of the +amendment that the power of Congress is left unlimited over the +productions of the press, and they are merely deprived of one mode of +restraint. + +The amendment was certainly intended to produce some limitation to +legislative discretion, and it must be construed so as to produce such +an effect, if it is possible. To give it such a construction as will +bring it to a mere nullity would violate the strongest injunctions of +common-sense and decorum, and yet that appears to me to be the effect of +the construction adopted by the committee. The effect of the amendment, +say the committee, is to prevent Government taking the press from its +owner; but how is their power lessened by this, when they may take the +printer from his press and imprison him for any length of time, for +publishing what they choose to prohibit, although it maybe ever so +proper for public information? The result is that Government may forbid +any species of writing, true as well as false, to be published; may +inflict the heaviest punishments they can devise for disobedience, and +yet we are very gravely assured that this is the "freedom of the press." + +A distinction is very frequently relied on between the freedom and the +licentiousness of the press, which it is proper to examine. This seems +to me to refute every other argument which is used on this subject; it +amounts to an admission that there are some acts of the press which +Congress ought not to have power to restrain, and that by the amendment +they are prohibited to restrain these acts. Nov, to justify any act of +Congress, they ought to show the boundary between what is prohibited and +what is permitted, and that the act is not within the prohibited class. +The Constitution has fixed no such boundary, therefore they can pretend +to no power over the press, without claiming the right of defining what +is freedom and what is licentiousness, and that would be to claim a +right which would defeat the Constitution; for every Congress would have +the same right, and the freedom of the press would fluctuate according +to the will of the legislature. This is, therefore, only a new mode of +claiming absolute power over the press. + +It is said there is a common law which makes part of the law of the +United States, which restrained the press more than the act of Congress +has done, and that therefore there is no abridgment of its freedom. What +this common law is I cannot conceive, nor have I seen anybody who could +explain himself when he was talking of it. It certainly is not a common +law of the United States, acquired, as that of England was, by +immemorial usage. The standing of the Government makes this impossible. +It cannot be a code of laws adopted because they were universally in use +in the States, for the States had no uniform code; and, if they had, it +could hardly become, by implication, part of the code of a Government of +limited powers, from which every thing is expressly retained which is +not given. Is it the law of England, at any particular period, which is +adopted? But the nature of the law of England makes it impossible that +it should have been adopted in the lump into such a Government as this +is, because it was a complete system for the management of all the +affairs of a country. It regulated estates, punished all crimes, and, in +short, went to all things for which laws were necessary. But how was +this law adopted? Was it by the Constitution? If so, it is immutable and +incapable of amendment. In what part of the Constitution is it declared +to be adopted? Was it adopted by the courts? From whom do they derive +their authority? The Constitution, in the clause first cited, relies on +Congress to pass all laws necessary to enable the courts to carry their +powers into execution; it cannot, therefore, have been intended to give +them a power not necessary to their declared powers. There does not seem +to me the smallest pretext for so monstrous an assumption; on the +contrary, while the Constitution is silent about it, every fair +inference is against it. + +Upon the whole, therefore, I am fully satisfied that no power is given +by the Constitution to control the press, and that such laws are +expressly prohibited by the amendment. I think it inconsistent with the +nature of our Government that its administration should have power to +restrain animadversions on public measures, and for protection from +private injury from defamation the States are fully competent. It is to +them that our officers must look for protection of persons, estates, and +every other personal right; and, therefore, I see no reason why it is +not proper to rely upon it for defence against private libels. + + + + +THE RISE OF DEMOCRACY. + +The inaugural address of President Jefferson has been given the first +place under this period, notwithstanding the fact that it was not at all +an oration. The inaugural addresses of presidents Washington and Adams +were really orations, although written, depending for much of their +effect on the personal presence of him who delivered the address; that +of Jefferson was altogether a business document, sent to be read by the +two houses of Congress for their information, and without any of the +adjuncts of the orator. + +It is impossible, nevertheless, to spare the inaugural address of the +first Democratic President, for it is pervaded by a personality which, +if quieter in its operation, was more potent in results than the most +burning eloquence could have been. The spirit of modern democracy, which +has become, for good or evil, the common characteristic of all American +parties and leaders, was here first put into living words. Triumphant in +national politics, this spirit now had but one field of struggle, the +politics of the States, and here its efforts were for years bent to the +abolition of every remnant of limitation on individual liberty. Outside +of New England, the change was accomplished as rapidly as the forms of +law could be put into the necessary direction; remnants of +ecclesiastical government, ecclesiastical taxes of even the mildest +description, restrictions on manhood suffrage, State electoral systems, +were the immediate victims of the new spirit, and the first term of Mr. +Jefferson saw most of the States under democratic governments. Inside of +New England, the change was stubbornly resisted, and, for a time, with +success. For about twenty years, the general rule was that New England +and Delaware were federalist, and the rest of the country was +democratic. But even in New England, a strong democratic minority was +growing up, and about 1820 the last barriers of federalism gave way; +Connecticut, the federalist "land of steady habits," accepted a new and +democratic constitution; Massachusetts modified hers; and the new and +reliably democratic State of Maine was brought into existence. The "era +of good feeling" signalized the extinction of the federal party and the +universal reign of democracy. The length of this period of contest is +the strongest testimony to the stubbornness of the New England fibre. +Estimated by States, the success of democracy was about as complete in +1803 as in 1817; but it required fifteen years of persistent struggle to +convince the smallest section of the Union that it was hopelessly +defeated. + +The whole period was a succession of great events. The acquisition of +Louisiana, stretching from the Mississippi to the Rocky Mountains, laid, +in 1803, the foundations of that imperial domain which the steamboat and +railroad were to convert to use in after-years. The continental empire +of Napoleon and the island empire of Great Britain drifted into a +struggle for life or death which hardly knew a breathing space until the +last charge at Waterloo, and from the beginning it was conducted by both +combatants with a reckless disregard of international public opinion and +neutral rights which is hardly credible but for the official records. +Every injury inflicted on neutral commerce by one belligerent was +promptly imitated or exceeded by the other, and the two were perfectly +in accord in insisting on the convenient doctrine of international law, +that, unless neutral rights were enforced by the neutral against one +belligerent, the injury became open to the imitation of the other. In +the process of imitation, each belligerent took care to pass at least a +little beyond the precedent; and thus, beginning with a paper blockade +of the northern coast of the continent by the British Government, the +process advanced, by alternate "retaliations," to a British proclamation +specifying the ports of the world to which American vessels were to be +allowed to trade, stopping in England or its dependencies to pay taxes +en route. These two almost contemporary events, the acquisition of +Louisiana and the insolent pretensions of the European belligerents, +were the central points of two distinct influences which bore strongly +on the development of the United States. + +The dominant party, the republicans, had a horror of a national debt +which almost amounted to a mania. The associations of the term, derived +from their reading of English history, all pointed to a condition of +affairs in which the rise of a strong aristocracy was inevitable; and, +to avoid the latter, they were determined to pay off the former. The +payment for Louisiana precluded, in their opinion, the support of a +respectable navy; and the remnants of colonialism in their party +predisposed them to adopt an ostrich policy instead. The Embargo act was +passed in 1807, forbidding all foreign commerce. The evident failure of +this act to influence the belligerents brought about its repeal in 1809, +and the substitution of the Non-intercourse act. This prohibited +commercial intercourse with England and France until either should +revoke its injurious edicts. Napoleon, by an empty and spurious +revocation in 1810, induced Congress to withdraw the act in respect to +France, keeping it alive in respect to England. England refused to admit +the sincerity of the French revocation, to withdraw her Orders in +Council, or to cease impressing American seamen. The choice left to the +United States was between war and submission. + +The federalist leaders saw that, while their party strength was confined +to a continually decreasing territory, the opposing democracy not only +had gained the mass of the original United States, but was swarming +toward and beyond the Mississippi. They dropped to the level of a mere +party of opposition; they went further until the only article of their +political creed was State sovereignty; some of them went one step +further, and dabbled in hopeless projects for secession and the formation +of a New England republic of five States. It is difficult to perceive +any advantage to public affairs in the closing years of the federal +party, except that, by impelling the democratic leaders to really +national acts and sympathies, it unwittingly aided in the development of +nationality from democracy. + +If the essential characteristic of colonialism is the sense of +dependence and the desire to imitate, democracy, at least in its earlier +phases, begets the opposite qualities. The Congressional elections of +1810-11 showed that the people had gone further in democracy than their +leaders. "Submission men" were generally defeated in the election; new +leaders, like Clay, Calhoun, and Crawford, made the dominant party a war +party, and forced the President into their policy; and the war of 1812 +was begun. Its early defeats on land, its startling successes at sea, +its financial straits, the desperation of the contest after the fall of +Napoleon, and the brilliant victory which crowned its close, all +combined to raise the national feeling to the highest pitch; and the +federalists, whose stock object of denunciation was "Mr. Madison's war," +though Mr. Madison was about the most unwilling participant in it, came +out of it under the ban of every national sympathy. + +The speech of Mr. Quincy, in many points one of the most eloquent of our +political history, will show the brightest phase of federalism at its +lowest ebb. One can hardly compare it with that of Mr. Clay, which +follows it, without noticing the national character of the latter, as +contrasted with the lack of nationality of the former. It seems, also, +that Mr. Clay's speech carries, in its internal characteristics, +sufficient evidence of the natural forces which tended to make democracy +a national power, and not a mere adjunct of State sovereignty, wherever +the oblique influence of slavery was absent. For this reason, it has +been taken as a convenient introduction to the topic which follows, the +Rise of Nationality. + + + + +THOMAS JEFFERSON, + +OF VIRGINIA, (BORN 1743, DIED 1826.) + + +INAUGURAL ADDRESS OF THOMAS JEFFERSON, AS PRESIDENT OF THE UNITED +STATES, + +MARCH 4, 1801 + + +FRIENDS AND FELLOW-CITIZENS: + +Called upon to undertake the duties of the first executive office of our +country, I avail myself of the presence of that portion of my +fellow-citizens which is here assembled, to express my grateful thanks +for the favor with which they have been pleased to look toward me, to +declare a sincere consciousness, that the task is above my talents, and +that I approach it with those anxious and awful presentiments, which the +greatness of the charge, and the weakness of my powers, so justly +inspire. A rising nation, spread over a wide and fruitful land, +traversing all the seas with the rich productions of their industry, +engaged in commerce with nations who feel power and forget right, +advancing rapidly to destinies beyond the reach of mortal eye; when I +contemplate these transcendent objects, and see the honor, the +happiness, and the hopes of this beloved country committed to the issue +and the auspices of this day, I shrink from the contemplation, and +humble myself before the magnitude of the undertaking. Utterly, indeed, +should I despair, did not the presence of many, whom I see here, remind +me, that, in the other high authorities provided by our Constitution, I +shall find resources of wisdom, of virtue, and of zeal, on which to rely +under all difficulties. To you, then, gentlemen, who are charged with +the sovereign functions of legislation, and to those associated with +you, I look with encouragement for that guidance and support which may +enable us to steer with safety the vessel in which we are all embarked, +amidst the conflicting elements of a troubled world. + +During the contest of opinion through which we have passed, the +animation of discussions and of exertions has sometimes worn an aspect +which might impose on strangers unused to think freely, and to speak and +to write what they think; but this being now decided by the voice of the +nation, announced according to the rules of the Constitution, all will +of course arrange themselves under the will of the law, and unite in +common efforts for the common good. All too will bear in mind this +sacred principle, that though the will of the majority is in all cases +to prevail, that will, to be rightful, must be reasonable; that the +minority possess their equal rights, which equal laws must protect, and +to violate which would be oppression. Let us then, fellow-citizens, +unite with one heart and one mind, let us restore to social intercourse +that harmony and affection without which liberty and even life itself +are but dreary things. And let us reflect, that having banished from our +land that religious intolerance under which mankind so long bled and +suffered, we have yet gained little, if we countenance a political +intolerance, as despotic, as wicked, and as capable of as bitter and +bloody persecutions. During the throes and convulsions of the ancient +world, during the agonizing spasms of infuriated man, seeking through +blood and slaughter his long-lost liberty, it was not wonderful that the +agitation of the billows should reach even this distant and peaceful +shore; that this should be more felt and feared by some, and less by +others, and should divide opinions as to measures of safety; but every +difference of opinion is not a difference of principle. We have called +by different names brethren of the same principle. We are all +Republicans; we are all Federalists. If there be any among us who wish +to dissolve this Union, or to change its republican form, let them stand +undisturbed as monuments of the safety with which error of opinion may +be tolerated, where reason is left free to combat it. I know, indeed, +that some honest men fear that a republican government cannot be strong; +that this government is not strong enough. But would the honest patriot, +in the full tide of successful experiment, abandon a government which +has so far kept us free and firm, on the theoretic and visionary fear, +that this government, the world's best hope, may, by possibility, want +energy to preserve itself? I trust not. I believe this, on the contrary, +the strongest government on earth. I believe it the only one where every +man, at the call of the law, would fly to the standard of the law, and +would meet invasions of the public order as his own personal concern. +Sometimes it is said, that man cannot be trusted with the government of +himself. Can he then be trusted with the government of others? Or, have +we found angels in the form of kings, to govern him? Let history answer +this question. + +Let us then, with courage and confidence, pursue our own federal and +republican principles; our attachment to union and representative +government. Kindly separated by nature and a wide ocean from the +exterminating havoc of one quarter of the globe; too high-minded to +endure the degradation of the others, possessing a chosen country, with +room enough for our descendants to the thousandth and thousandth +generation, entertaining a due sense of our equal right to the use of +our own faculties, to the acquisition of our own industry, to honor and +confidence from our fellow-citizens, resulting not from birth, but from +our actions and their sense of them, enlightened by a benign religion, +professed indeed and practised in various forms, yet all of them +inculcating honesty, truth, temperance, gratitude, and the love of man, +acknowledging and adoring an overruling Providence, which, by all its +dispensations, proves that it delights in the happiness of man here, and +his greater happiness hereafter; with all these blessings, what more is +necessary to make us a happy and prosperous people? Still one thing +more, fellow-citizens, a wise and frugal government, which shall +restrain men from injuring one another, shall leave them otherwise free +to regulate their own pursuits of industry and improvement, and shall +not take from the mouth of labor the bread it has earned. This is the +sum of good government; and this is necessary to close the circle of our +felicities. + +About to enter, fellow-citizens, upon the exercise of duties which +comprehend every thing dear and valuable to you, it is proper you should +understand what I deem the essential principles of our government, and +consequently, those which ought to shape its administration. I will +compress them within the narrowest compass they will bear, stating the +general principle, but not all its limitations. Equal and exact justice +to all men, of whatever state or persuasion, religious or political; +peace, commerce, and honest friendship with all nations, entangling +alliances with none; the support of the State governments in all their +rights, as the most competent administrations for our domestic concerns, +and the surest bulwarks against anti-republican tendencies; the +preservation of the general government in its whole constitutional +vigor, as the sheet-anchor of our peace at home and safety abroad; a +jealous care of the right of election by the people, a mild and safe +corrective of abuses which are lopped by the sword of revolution where +peaceable remedies are unprovided; absolute acquiescence in the +decisions of the majority, the vital principle of republics, from which +there is no appeal but to force, the vital principle and immediate +parent of despotism; a well-disciplined militia, our best reliance in +peace, and for the first moments of war, till regulars may relieve them; +the supremacy of the civil over the military authority; economy in the +public expense, that labor may be lightly burdened; the honest payment +of our debts, and sacred preservation of the public faith; encouragement +of agriculture, and of commerce as its handmaid; the diffusion of +information, and arraignment of all abuses at the bar of the public +reason; freedom of religion, freedom of the press, and freedom of +person, under the protection of the _habeas corpus_, and trial by juries +impartially selected. These principles form the bright constellation, +which has gone before us, and guided our steps through an age of +revolution and reformation. The wisdom of our sages, and blood of our +heroes, have been devoted to their attainment; they should be the creed +of our political faith, the text of civic instruction, the touchstone by +which to try the services of those we trust; and should we wander from +them in moments of error or of alarm, let us hasten to retrace our +steps, and to regain the road which alone leads to peace, liberty, and +safety. + +I repair, then, fellow-citizens, to the post you have assigned me. With +experience enough in subordinate offices to have seen the difficulties +of this, the greatest of all, I have learned to expect that it will +rarely fall to the lot of imperfect man, to retire from this station +with the reputation and the favor which bring him into it. Without +pretensions to that high confidence you reposed in our first and +greatest revolutionary character, whose pre-eminent services had +entitled him to the first place in his country's love, and destined for +him the fairest page in the volume of faithful history, I ask so much +confidence only as may give firmness and effect to the legal +administration of your affairs. I shall often go wrong through defect of +judgment. When right, I shall often be thought wrong by those whose +positions will not command a view of the whole ground. I ask your +indulgence for my own errors, which will never be intentional; and your +support against the errors of others, who may condemn what they would +not, if seen in all its parts. The approbation implied by your suffrage, +is a great consolation to me for the past; and my future solicitude will +be, to retain the good opinion of those who have bestowed it in advance, +to conciliate that of others, by doing them all the good in my power, +and to be instrumental to the happiness and freedom of all. + +Relying then on the patronage of your good-will, I advance with +obedience to the work, ready to retire from it whenever you become +sensible how much better choices it is in your power to make. And may +that infinite Power which rules the destinies of the universe, lead our +councils to what is best, and give them a favorable issue for your peace +and prosperity. + + + + +JOHN RANDOLPH, + +--OF VIRGINIA' (BORN 1773, DIED 1833.) + + +ON THE MILITIA BILL--HOUSE OF REPRESENTATIVES, DEC. 10, 1811. + + + +MR. SPEAKER: + +This is a question, as it has been presented to this House, of peace or +war. In that light it has been argued; in no other light can I consider +it, after the declarations made by members of the Committee of Foreign +Relations. + +The Committee of Foreign Relations have, indeed, decided that the +subject of arming the militia (which has been pressed upon them as +indispensable to the public security) does not come within the scope of +their authority. On what ground, I have been, and still am, unable to +see, they have felt themselves authorized to recommend the raising of +standing armies, with a view (as has been declared) of immediate war--a +war not of defence, but of conquest, of aggrandizement, of ambition--a +war foreign to the interests of this country; to the interests of +humanity itself. * * * + +I cannot refrain from smiling at the liberality of the gentleman in +giving Canada to New York in order to strengthen the northern balance of +power; while, at the same time, he forewarns her that the western scale +must preponderate. I can almost fancy that I see the Capitol in motion +toward the falls of Ohio; after a short sojourn, taking its flight to +the Mississippi, and finally alighting at Darien; which, when the +gentleman's dreams are realized, will be a most eligible seat of +government for the new republic (or empire) of the two Americas! But it +seems that in 1808 we talked and acted foolishly, and to give some color +of consistency to that folly we must now commit a greater. + +I hope we shall act a wise part; take warning by our follies since we +have become sensible of them, and resolve to talk and act foolishly no +more. It is, indeed, high time to give over such preposterous language +and proceedings. This war of conquest, a war for the acquisition of +territory and subjects, is to be a new commentary on the doctrine that +republicans are destitute of ambition; that they are addicted to peace, +wedded to the happiness and safety of the great body of their people. +But it seems this is to be a holiday campaign; there is to be no expense +of blood, or of treasure on our part; Canada is to conquer herself; she +is to be subdued by the principles of fraternity! The people of that +country are first to be seduced from their allegiance and converted into +traitors, as preparatory to making them good citizens! Although I must +acknowledge that some of our flaming patriots were thus manufactured, I +do not think the process would hold good with a whole community. It is a +dangerous experiment. We are to succeed in the French mode, by the +system of fraternization--all is French. But how dreadfully it might be +retorted on the southern and western slave-holding States. I detest this +subornation of treason. No; if we must have them, let them fall by the +valor of our arms; by fair, legitimate conquest; not become the victims +of treacherous seduction. + +I am not surprised at the war spirit which is manifesting itself in +gentlemen from the South. In the year 1805-6, in a struggle for the +carrying trade of belligerent colonial produce, this country was most +unwisely brought into collision with the great powers of Europe. By a +series of most impolitic and ruinous measures, utterly incomprehensible +to every rational, sober-minded man, the Southern planters, by their own +votes, have succeeded in knocking down the price of cotton to seven +cents, and of tobacco (a few choice crops excepted) to nothing; and in +raising the price of blankets (of which a few would not be amiss in a +Canadian campaign), coarse woollens, and every article of first +necessity, three or four hundred per centum. And now, that by our own +acts, we have brought ourselves into this unprecedented condition, we +must get out of it in any way, but by an acknowledgment of our own want +of wisdom and forecast. But is war the true remedy? Who will profit by +it? Speculators; a few lucky merchants, who draw prizes in the lottery; +commissaries and contractors. Who must suffer by it? The people. It is +their blood, their taxes that must flow to support it. + +I am gratified to find gentlemen acknowledging the demoralizing and +destructive consequences of the non-importation law; confessing the +truth of all that its opponents foretold, when it was enacted. And will +you plunge yourselves in war, because you have passed a foolish and +ruinous law, and are ashamed to repeal it? But our good friend, the +French emperor, stands in the way of its repeal, and we cannot go too +far in making sacrifices to him, who has given such demonstration of his +love for the Americans; we must, in point of fact, become parties to his +war. Who can be so cruel as to refuse him that favor? My imagination +shrinks from the miseries of such a connection. I call upon the House to +reflect, whether they are not about to abandon all reclamation for the +unparalleled outrages, "insults, and injuries" of the French government; +to give up our claim for plundered millions; and I ask what reparation +or atonement they can expect to obtain in hours of future dalliance, +after they shall have made a tender of their person to this great +deflowerer of the virginity of republics. We have, by our own wise (I +will not say wiseacre) measures, so increased the trade and wealth of +Montreal and Quebec, that at last we begin to cast a wistful eye at +Canada. Having done so much toward its improvement, by the exercise of +"our restrictive energies," we begin to think the laborer worthy of his +hire, and to put in a claim for our portion. Suppose it ours, are we any +nearer to our point? As his minister said to the king of Epirus, "May we +not as well take our bottle of wine before as after this exploit?" Go +march to Canada! leave the broad bosom of the Chesapeake and her hundred +tributary rivers; the whole line of sea-coast from Machias to St. +Mary's, unprotected! You have taken Quebec--have you conquered England? +Will you seek for the deep foundations of her power in the frozen +deserts of Labrador? + +"Her march is on the mountain wave, Her home is on the deep!" + +Will you call upon her to leave your ports and harbors untouched only +just till you can return from Canada, to defend them? The coast is to be +left defenceless, while men of the interior are revelling in conquest +and spoil. * * * + +No sooner was the report laid on the table, than the vultures were +flocking around their prey--the carcass of a great military +establishment. Men of tainted reputation, of broken fortune (if they +ever had any), and of battered constitutions, "choice spirits tired of +the dull pursuits of civil life," were seeking after agencies and +commissions, willing to doze in gross stupidity over the public fire; to +light the public candle at both ends. Honorable men undoubtedly there +are ready to serve their country; but what man of spirit, or of +self-respect, will accept a commission in the present army? The +gentleman from Tennessee (Mr. Grundy) addressed himself yesterday +exclusively to the "Republicans of the House." I know not whether I may +consider myself as entitled to any part of the benefit of the honorable +gentleman's discourse. It belongs not, however, to that gentleman to +decide. If we must have an exposition of the doctrines of republicanism, +I shall receive it from the fathers of the church, and not from the +junior apprentices of the law. I shall appeal to my worthy friends from +Carolina (Messrs. Macon and Stanford), "men with whom I have measured my +strength," by whose side I have fought during the reign of terror; for +it was indeed an hour of corruption, of oppression, of pollution. It was +not at all to my taste--that sort of republicanism which was supported, +on this side of the Atlantic, by the father of the sedition law, John +Adams, and by Peter Porcupine on the other. Republicanism! of John Adams +and William Cobbett! * * * + +Gallant crusaders in the holy cause of republicanism. Such republicanism +does, indeed, mean any thing or nothing. Our people will not submit to +be taxed for this war of conquest and dominion. The government of the +United States was not calculated to wage offensive foreign war; it was +instituted for the common defence and the general welfare; and whosoever +should embark it in a war of offence, would put it to a test which it is +by no means calculated to endure. Make it out that Great Britain has +instigated the Indians on a late occasion, and I am ready for battle, +but not for dominion. I am unwilling, however, under present +circumstances, to take Canada, at the risk of the Constitution, to +embark in a common cause with France, and be dragged at the wheels of +the car of some Burr or Bonaparte. For a gentleman from Tennessee, or +Genesee, or Lake Champlain, there may be some prospect of advantage. +Their hemp would bear a great price by the exclusion of foreign supply. +In that, too, the great importers are deeply interested. The upper +country of the Hudson and the lakes would be enriched by the supplies +for the troops, which they alone could furnish. They would have the +exclusive market; to say nothing of the increased preponderance from the +acquisition of Canada and that section of the Union, which the Southern +and Western States have already felt so severely in the Apportionment +bill. * * * + +Permit me now, sir, to call your attention to the subject of our black +population. I will touch this subject as tenderly as possible. It is +with reluctance that I touch it at all; but in cases of great emergency, +the State physician must not be deterred by a sickly, hysterical +humanity, from probing the wound of his patient; he must not be withheld +by a fastidious and mistaken delicacy from representing his true +situation to his friends, or even to the sick man himself, when the +occasion calls for it. What is the situation of the slave-holding +States? During the war of the Revolution, so fixed were their habits of +subordination, that while the whole country was overrun by the enemy, +who invited them to desert, no fear was ever entertained of an +insurrection of the slaves. During a war of seven years, with our +country in possession of the enemy, no such danger was ever apprehended. +But should we, therefore, be unobservant spectators of the progress of +society within the last twenty years; of the silent but powerful change +wrought, by time and chance, upon its composition and temper? When the +fountains of the great deep of abomination were broken up, even the poor +slaves did not escape the general deluge. The French Revolution has +polluted even them. * * * + +Men, dead to the operation of moral causes, have taken away from the +poor slave his habit of loyalty and obedience to his master, which +lightened his servitude by a double operation; beguiling his own cares +and disarming his master's suspicions and severity; and now, like true +empirics in politics, you are called upon to trust to the mere physical +strength of the fetter which holds him in bondage. You have deprived him +of all moral restraint; you have tempted him to eat of the fruit of the +tree of knowledge, just enough to perfect him in wickedness; you have +opened his eyes to his nakedness; you have armed his nature against the +hand that has fed, that has clothed him, that has cherished him in +sickness; that hand which before he became a pupil of your school, he +had been accustomed to press with respectful affection. You have done +all this--and then show him the gibbet and the wheel, as incentives to a +sullen, repugnant obedience. God forbid, sir, that the Southern States +should ever see an enemy on their shores, with these infernal principles +of French fraternity in the van. While talking of taking Canada, some of +us are shuddering for our own safety at home. I speak from facts, when I +say, that the night-bell never tolls for fire in Richmond, that the +mother does not hug her infant more closely to her bosom. I have been a +witness of some of the alarms in the capital of Virginia. * * * + +Against whom are these charges brought? Against men, who in the war of +the Revolution were in the councils of the nation, or fighting the +battles of your country. And by whom are they made? By runaways chiefly +from the British dominions, since the breaking out of the French +troubles. It is insufferable. It cannot be borne. It must and ought, +with severity, to be put down in this House; and out of it to meet the +lie direct. We have no fellow-feeling for the suffering and oppressed +Spaniards! Yet even them we do not reprobate. Strange! that we should +have no objection to any other people or government, civilized or +savage, in the whole world! The great autocrat of all the Russias +receives the homage of our high consideration. The Dey of Algiers and +his divan of pirates are very civil, good sort of people, with whom we +find no difficulty in maintaining the relations of peace and amity. +"Turks, Jews, and infidels"; Melimelli or the Little Turtle; barbarians +and savages of every clime and color, are welcome to our arms. With +chiefs of banditti, negro or mulatto, we can treat and trade. Name, +however, but England, and all our antipathies are up in arms against +her. Against whom? Against those whose blood runs in our veins; in +common with whom, we claim Shakespeare, and Newton, and Chatham, for our +countrymen; whose form of government is the freest on earth, our own +only excepted; from whom every valuable principle of our own +institutions has been borrowed: representation, jury trial, voting the +supplies, writ of habeas corpus, our whole civil and criminal +jurisprudence; against our fellow Protestants, identified in blood, in +language, in religion, with ourselves. In what school did the worthies +of our land, the Washingtons, Henrys, Hancocks, Franklins, Rutledges of +America, learn those principles of civil liberty which were so nobly +asserted by their wisdom and valor? American resistance to British +usurpation has not been more warmly cherished by these great men and +their compatriots; not more by Washington, Hancock, and Henry, than by +Chatham and his illustrious associates in the British Parliament. It +ought to be remembered, too, that the heart of the English people was +with us. It was a selfish and corrupt ministry, and their servile tools, +to whom we were not more opposed than they were. I trust that none such +may ever exist among us; for tools will never be wanting to subserve the +purposes, however ruinous or wicked, of kings and ministers of state. I +acknowledge the influence of a Shakespeare and a Milton upon my +imagination, of a Locke upon my understanding, of a Sidney upon my +political principles, of a Chatham upon qualities which, would to God I +possessed in common with that illustrious man! of a Tillotson, a +Sherlock, and a Porteus upon my religion. This is a British influence +which I can never shake off. I allow much to the just and honest +prejudices growing out of the Revolution. But by whom have they been +suppressed, when they ran counter to the interests of my country? By +Washington. By whom, would you listen to them, are they most keenly +felt? By felons escaped from the jails of Paris, Newgate, and +Kilmainham, since the breaking out of the French Revolution; who, in +this abused and insulted country, have set up for political teachers, +and whose disciples give no other proof of their progress in +republicanism, except a blind devotion to the most ruthless military +despotism that the world ever saw. These are the patriots, who scruple +not to brand with the epithet of Tory, the men (looking toward the seat +of Col. Stewart) by whose blood your liberties have been cemented. These +are they, who hold in such keen remembrance the outrages of the British +armies, from which many of them are deserters. Ask these self-styled +patriots where they were during the American war (for they are, for the +most part, old enough to have borne arms), and you strike them dumb; +their lips are closed in eternal silence. If it were allowable to +entertain partialities, every consideration of blood, language, +religion, and interest, would incline us toward England: and yet, shall +they alone be extended to France and her ruler, whom we are bound to +believe a chastening God suffers as the scourge of a guilty world! On +all other nations he tramples; he holds them in contempt; England alone +he hates; he would, but he cannot, despise her; fear cannot despise; and +shall we disparage our ancestors? + +But the outrages and injuries of England--bred up in the principles of +the Revolution--I can never palliate, much less defend them. I well +remember flying, with my mother and her new-born child, from Arnold and +Philips; and we were driven by Tarleton and other British Pandours from +pillar to post, while her husband was fighting the battles of his +country. The impression is indelible on my memory; and yet (like my +worthy old neighbor, who added seven buckshot to every cartridge at the +battle of Guilford, and drew fine sight at his man) I must be content to +be called a Tory by a patriot of the last importation. Let us not get +rid of one evil (supposing it possible) at the expense of a greater; +_mutatis mutandis_, suppose France in possession of the British naval +power--and to her the trident must pass should England be unable to +wield it--what would be your condition? What would be the situation of +your seaports, and their seafaring inhabitants? Ask Hamburg, Lubec! Ask +Savannah! * * * + +Shall republicans become the instruments of him who has effaced the +title of Attila to the "scourge of God!" Yet, even Attila, in the +falling fortunes of civilization, had, no doubt, his advocates, his +tools, his minions, his parasites, in the very countries that he +overran; sons of that soil whereon his horse had trod; where grass could +never after grow. If perfectly fresh, instead of being as I am, my +memory clouded, my intellect stupefied, my strength and spirits +exhausted, I could not give utterance to that strong detestation which I +feel toward (above all other works of the creation) such characters as +Gengis, Tamerlane, Kouli-Khan, or Bonaparte. My instincts involuntarily +revolt at their bare idea. Malefactors of the human race, who have +ground down man to a mere machine of their impious and bloody ambition! +Yet under all the accumulated wrongs, and insults, and robberies of the +last of these chieftains, are we not, in point of fact, about to become +a party to his views, a partner in his wars? * * * + +I call upon those professing to be republicans to make good the +promises, held out by their republican predecessors, when they came into +power; promises which, for years afterward, they honestly, faithfully +fulfilled. We have vaunted of paying off the national debt, of +retrenching useless establishments; and yet have now become as +infatuated with standing armies, loans, taxes, navies, and war as ever +were the Essex Junto! + + + + +ADMISSION OF LOUISIANA. + + +JOSIAH QUINCY, + +--OF MASSACHUSETTS.' (BORN 1772, DIED 1864.) + + +ON THE ADMISSION OF LOUISIANA--HOUSE OF REPRESENTATIVES, JAN. 14, 1811. + + +MR. SPEAKER: + +I address you, sir, with anxiety and distress of mind, with me, wholly +unprecedented. The friends of this bill seem to consider it as the +exercise of a common power; as an ordinary affair; a mere municipal +regulation, which they expect to see pass without other questions than +those concerning details. But, sir, the principle of this bill +materially affects the liberties and rights of the whole people of the +United States. To me it appears that it would justify a revolution in +this country; and that, in no great length of time it may produce it. +When I see the zeal and perseverance with which this bill has been urged +along its parliamentary path, when I know the local interests and +associated projects which combine to promote its success, all opposition +to it seems manifestly unavailing. I am almost tempted to leave, without +a struggle, my country to its fate. But, sir, while there is life, there +is hope. So long as the fatal shaft has not yet sped, if Heaven so will, +the bow may be broken and the vigor of the mischief-meditating arm +withered. If there be a man in this House or nation, who cherishes the +Constitution, under which we are assembled, as the chief stay of his +hope, as the light which is destined to gladden his own day, and to +soften even the gloom of the grave, by the prospects it sheds over his +children, I fall not behind him in such sentiments. I will yield to no +man in attachment to this Constitution, in veneration for the sages who +laid its foundations, in devotion to those principles which form its +cement and constitute its proportions. What then must be my feelings; +what ought to be the feelings of a man, cherishing such sentiments, when +he sees an act contemplated which lays ruin at the foot of all these +hopes? When he sees a principle of action about to be usurped, before +the operation of which the bands of this Constitution are no more than +flax before the fire, or stubble before the whirlwind? When this bill +passes, such an act is done; and such a principle is usurped. + +Mr. Speaker, there is a great rule of human conduct, which he who +honestly observes, cannot err widely from the path of his sought duty. +It is, to be very scrupulous concerning the principles you select as the +test of your rights and obligations; to be very faithful in noticing the +result of their application; and to be very fearless in tracing and +exposing their immediate effects and distant consequences. Under the +sanction of this rule of conduct, I am compelled to declare it as my +deliberate opinion, that, if this bill passes, the bonds of this union +are, virtually, dissolved; that the States which compose it are free +from their moral obligations, and that as it will be the right of all, +so it will be the duty of some, to prepare, definitely, for a +separation: amicably, if they can; _violently, if they must_. + +(Mr. Quincy was here called to order by Mr. Poindexter, delegate from +the Mississippi territory, for the words in italics. After it was +decided, upon an appeal to the House, that Mr. Quincy was in order, he +proceeded.) + +I rejoice, Mr. Speaker, at the result of this appeal. Not from any +personal consideration, but from the respect paid to the essential +rights of the people, in one of their representatives. When I spoke of +the separation of the States, as resulting from the violation of the +Constitution contemplated in this bill, I spoke of it as a necessity, +deeply to be deprecated; but as resulting from causes so certain and +obvious as to be absolutely inevitable, when the effect of the principle +is practically experienced. It is to preserve, to guard the Constitution +of my country, that I denounce this attempt. I would rouse the attention +of gentlemen from the apathy with which they seem beset. These +observations are not made in a corner; there is no low intrigue; no +secret machination. I am on the people's own ground; to them I appeal +concerning their own rights, their own liberties, their own intent, in +adopting this Constitution. The voice I have uttered, at which gentlemen +startle with such agitation, is no unfriendly voice. I intended it as a +voice of warning. By this people, and by the event, if this bill passes, +I am willing to be judged, whether it be not a voice of wisdom. + +The bill which is now proposed to be passed has this assumed principle +for its basis; that the three branches of this national government, +without recurrence to conventions of the people in the States, or to the +Legislatures of the States, are authorized to admit new partners to a +share of the political power, in countries out of the original limits of +the United States. Now, this assumed principle, I maintain to be +altogether without any sanction in the Constitution. I declare it to be +a manifest and atrocious usurpation of power; of a nature, dissolving, +according to undeniable principles of moral law, the obligations of our +national compact; and leading to all the awful con-sequences which flow +from such a state of things. Concerning this assumed principle, which is +the basis of this bill, this is the general position, on which I rest my +argument; that if the authority, now proposed to be exercised, be +delegated to the three branches of the government by virtue of the +Constitution, it results either from its general nature, or from its +particular provisions. I shall consider distinctly both these sources, +in relation to this pretended power. + +Touching the general nature of the instrument called the Constitution of +the United States there is no obscurity; it has no fabled descent, like +the palladium of ancient Troy, from the heavens. Its origin is not +confused by the mists of time, or hidden by the darkness of passed, +unexplored ages; it is the fabric of our day. Some now living, had a +share in its construction; all of us stood by, and saw the rising of the +edifice. There can be no doubt about its nature. It is a political +compact. By whom? And about what? The preamble to the instrument will +answer these questions. + +"We, the people of the United States, in order to form a more perfect +union, establish justice, insure domestic tranquillity, provide for the +common defence, promote the general welfare, and secure the blessings of +liberty to ourselves and our posterity, do ordain and establish this +Constitution, for the United States of America." + +It is, we the people of the United States, for ourselves and our +posterity; not for the people of Louisiana; nor for the people of New +Orleans or of Canada. None of these enter into the scope of the +instrument; it embraces only "the United States of America." Who these +are, it may seem strange in this place to inquire. But truly, sir, our +imaginations have, of late, been so accustomed to wander after new +settlements to the very ends of the earth, that it will not be time ill +spent to inquire what this phrase means, and what it includes. These are +not terms adopted at hazard; they have reference to a state of things +existing anterior to the Constitution. When the people of the present +United States began to contemplate a severance from their parent State, +it was a long time before they fixed definitely the name by which they +would be designated. In 1774, they called themselves "the Colonies and +Provinces of North America." In 1775, "the Representatives of the United +Colonies of North America." In the Declaration of Independence, "the +Representatives of the United States of America." And finally, in the +articles of confederation, the style of the confederacy is declared to +be "the United States of America." It was with reference to the old +articles of confederation, and to preserve the identity and established +individuality of their character, that the preamble to this +Constitution, not content, simply, with declaring that it is "we the +people of the United States," who enter into this compact, adds that it +is for "the United States of America." Concerning the territory +contemplated by the people of the United States, in these general terms, +there can be no dispute; it is settled by the treaty of peace, and +included within the Atlantic Ocean, the St. Croix, the lakes, and more +precisely, so far as relates to the frontier, having relation to the +present argument, within "a line to be drawn through the middle of the +river Mississippi, until it intersect the northernmost part of the +thirty-first degree of north latitude, thence within a line drawn due +east on this degree of latitude to the river Apalachicola, thence along +the middle of this river to its junction with the Flint River, thence +straight to the head of the St. Mary's River, and thence down the St. +Mary's to the Atlantic Ocean." + +I have been thus particular to draw the minds of gentlemen, distinctly, +to the meaning of the terms used in the preamble; to the extent which +"the United States" then included; and to the fact, that neither New +Orleans, nor Louisiana, was within the comprehension of the terms of +this instrument. It is sufficient for the present branch of my argument +to say, that there is nothing, in the general nature of this compact, +from which the power, contemplated to be exercised in this bill, +results. On the contrary, as the introduction of a new associate in +political power implies, necessarily, a new division of power, and +consequent diminution of the relative proportion of the former +proprietors of it, there can, certainly, be nothing more obvious, than +that from the general nature of the instrument no power can result to +diminish and give away, to strangers, any proportion of the rights of +the original partners. If such a power exist, it must be found, then, in +the particular provisions in the Constitution. The question now arising +is, in which of these provisions is given the power to admit new States, +to be created in territories beyond the limits of the old United States. +If it exist anywhere, it is either in the third section of the fourth +article of the Constitution, or in the treaty-making power. If it result +from neither of these, it is not pretended to be found anywhere else. + +That part of the third section of the fourth article, on which the +advocates of this bill rely, is the following: "New States may be +admitted by the Congress, into this Union; but no new State shall be +formed or erected within the jurisdiction of any other State, nor any +State be formed by the junction of two or more States, or parts of +States, without the consent of the Legislatures of the States concerned, +as well as of the Congress." + +I know, Mr. Speaker, that the first clause of this paragraph has been +read, with all the superciliousness of a grammarian's triumph--"New +States may be admitted by the Congress into this Union,"--accompanied +with this most consequential inquiry: "Is not this a new State to be +admitted? And is there not here an express authority?" I have no doubt +this is a full and satisfactory argument to every one who is content +with the mere colors and superficies of things. And if we were now at +the bar of some stall-fed justice, the inquiry would insure the victory +to the maker of it, to the manifest delight of the constables and +suitors of his court. But, sir, we are now before the tribunal of the +whole American people; reasoning concerning their liberties, their +rights, their Constitution. These are not to be made the victims of the +inevitable obscurity of general terms; nor the sport of verbal +criticism. The question is concerning the intent of the American people, +the proprietors of the old United States, when they agreed to this +article. Dictionaries and spelling-books are here of no authority. +Neither Johnson, nor Walker, nor Webster, nor Dilworth, has any voice in +this matter. Sir, the question concerns the proportion of power +reserved, by this Constitution, to every State in this Union. Have the +three branches of this government a right, at will, to weaken and +out-weigh the influence, respectively secured to each State in this +compact, by introducing, at pleasure, new partners, situate beyond the +old limits of the United States? The question has not relation merely to +New Orleans. The great objection is to the principle of the bill. If +this principle be admitted, the whole space of Louisiana, greater, it is +said, than the entire extent of the old United States, will be a mighty +theatre, in which this government assumes the right of exercising this +unparalleled power. And it will be; there is no concealment, it is +intended to be exercised. Nor will it stop until the very name and +nature of the old partners be overwhelmed by new-corners into the +confederacy. Sir, the question goes to the very root of the power and +influence of the present members of this Union. The real intent of this +article, is, therefore, an injury of most serious import; and is to be +settled only by a recurrence to the known history and known relations of +this people and their Constitution. These, I maintain, support this +position, that the terms "new States," in this article, do not intend +new political sovereignties, with territorial annexations, to be created +without the original limits of the United States. * * * + +But there is an argument stronger even than all those which have been +produced, to be drawn from the nature of the power here proposed to be +exercised. Is it possible that such a power, if it had been intended to +be given by the people, should be left dependent upon the effect of +general expressions, and such, too, as were obviously applicable to +another subject, to a particular exigency contemplated at that time? +Sir, what is this power we propose now to usurp? Nothing less than a +power changing all the proportions of the weight and influence possessed +by the potent sovereignties composing this Union. A stranger is to be +introduced to an equal share without their consent. Upon a principle +pretended to be deduced from the Constitution, this government, after +this bill passes, may and will multiply foreign partners in power at its +own mere motion; at its irresponsible pleasure; in other words, as local +interests, party passions, or ambitious views may suggest. It is a power +that from its nature never could be delegated; never was delegated; and +as it breaks down all the proportions of power guaranteed by the +Constitution to the States, upon which their essential security depends, +utterly annihilates the moral force of this political conduct. Would +this people, so wisely vigilant concerning their rights, have +transferred to Congress a power to balance, at its will, the political +weight of any one State, much more of all the States, by authorizing it +to create new States, at its pleasure, in foreign countries, not +pretended to be within the scope of the Constitution, or the conception +of the people at the time of passing it? This is not so much a question +concerning the exercise of sovereignty, as it is who shall be +sovereign--whether the proprietors of the good old United States shall +manage their own affairs in their own way; or whether they, and their +Constitution, and their political rights, shall be trampled under foot +by foreigners, introduced through a breach of the Constitution. The +proportion of the political weight of each sovereign State constituting +this Union depends upon the number of the States which have voice under +the compact. This number the Constitution permits us to multiply at +pleasure within the limits of the original United States, observing only +the expressed limitations in the Constitution. But when, in order to +increase your power of augmenting this number, you pass the old limits, +you are guilty of a violation of the Constitution in a fundamental +point; and in one, also, which is totally inconsistent with the intent +of the contract and the safety of the States which established the +association. What is the practical difference to the old partners +whether they hold their liberties at the will of a master, or whether by +admitting exterior States on an equal footing with the original States, +arbiters are constituted, who, by availing themselves of the contrariety +of interests and views, which in such a confederacy necessarily will +arise, hold the balance among the parties which exist and govern us by +throwing themselves into the scale most comformable to their purpose? In +both cases there is an effective despotism. But the last is the more +galling, as we carry the chain in the name and gait of freemen. + +I have thus shown, and whether fairly, I am willing to be judged by the +sound discretion of the American people, that the power proposed to be +usurped in this bill, results neither from the general nature nor the +particular provisions of the Federal Constitution; and that it is a +palpable violation of it in a fundamental point; whence flow all the +consequences I have indicated. + +"But," says the gentleman from Tennessee (Mr. Rhea), "these people have +been seven years citizens of the United States." I deny it, sir. As +citizens of New Orleans, or of Louisiana, they never have been, and by +the mode proposed they never will be, citizens of the United States. +They may girt upon us for a moment, but no real cement can grow from +such an association. What the real situation of the inhabitants of those +foreign countries is, I shall have occasion to show presently. "But," +says the same gentleman: "if I have a farm, have not I a right to +purchase another farm, in my neighborhood, and settle my sons upon it, +and in time admit them to a share in the management of my household?" +Doubtless, sir. But are these cases parallel? Are the three branches of +this government owners of this farm, called the United States? I desire +to thank heaven they are not. I hold my life, liberty, and property, and +the people of the State from which I have the honor to be a +representative hold theirs, by a better tenure than any this National +Government can give. Sir, I know your virtue. And I thank the Great +Giver of every good gift, that neither the gentleman from Tennessee, nor +his comrades, nor any, nor all the members of this House, nor of the +other branch of the Legislature, nor the good gentleman who lives in the +palace yonder, nor all combined, can touch these my essential rights, +and those of my friends and constituents, except in a limited and +prescribed form. No, sir. We hold these by the laws, customs, and +principles of the commonwealth of Massachusetts. Behind her ample +shield, we find refuge, and feel safety. I beg gentlemen not to act upon +the principle, that the commonwealth of Massachusetts is their farm. + +"But," the gentleman adds, "what shall we do, if we do not admit the +people of Louisiana into our Union? Our children are settling that +country." Sir, it is no concern of mine what he does. Because his +children have run wild and uncovered into the woods, is that a reason +for him to break into my house, or the houses of my friends, to filch +our children's clothes, in order to cover his children's nakedness. This +Constitution never was, and never can be, strained to lap over all the +wilderness of the West, without essentially affecting both the rights +and convenience of its real proprietors. It was never constructed to +form a covering for the inhabitants of the Missouri and Red River +country. And whenever it is attempted to be stretched over them, it will +rend asunder. I have done with this part of my argument. It rests upon +this fundamental principle, that the proportion of political power, +subject only to internal modifications, permitted by the Constitution, +is an unalienable, essential, intangible right. When it is touched, the +fabric is annihilated; for, on the preservation of these proportions, +depend our rights and liberties. + +If we recur to the known relations existing among the States at the time +of the adoption of this Constitution, the same conclusions will result. +The various interests, habits, manners, prejudices, education, +situation, and views, which excited jealousies and anxieties in the +breasts of some of our most distinguished citizens, touching the result +of the proposed Constitution, were potent obstacles to its adoption. The +immortal leader of our Revolution, in his letter to the President of the +old Congress, written as president of the convention which formed this +compact, thus speaks on this subject: "It is at all times difficult to +draw, with precision, the line between those rights which must be +surrendered, and those which may be reserved; and on the present +occasion this difficulty was increased by a difference among the several +States, as to their situation, extent, habits, and particular +interests." + +The debates of that period will show that the effect of the slave votes +upon the political influence of this part of the country, and the +anticipated variation of the weight of power to the West, were subjects +of great and just jealousy to some of the best patriots in the Northern +and Eastern States. Suppose, then, that it had been distinctly foreseen +that, in addition to the effect of this weight, the whole population of +a world beyond the Mississippi was to be brought into this and the other +branch of the Legislature, to form our laws, control our rights, and +decide our destiny. Sir, can it be pretended that the patriots of that +day would for one moment have listened to it? They were not madmen. They +had not taken degrees at the hospital of idiocy. They knew the nature of +man, and the effect of his combinations in political societies. They +knew that when the weight of particular sections of a confederacy was +greatly unequal, the resulting power would be abused; that it was not in +the nature of man to exercise it with moderation. The very extravagance +of the intended use is a conclusive evidence against the possibility of +the grant of such a power as is here proposed. Why, sir, I have already +heard of six States, and some say there will be, at no great distance of +time, more. I have also heard that the mouth of the Ohio will be far to +the east of the centre of the contemplated empire. If the bill is +passed, the principle is recognized. All the rest are mere questions of +expediency. It is impossible such a power could be granted. It was not +for these men that our fathers fought. It was not for them this +Constitution was adopted. You have no authority to throw the rights and +liberties and property of this people into "hotch-pot" with the wild men +on the Missouri, nor with the mixed, though more respectable, race of +Anglo-Hispano-Gallo-Americans, who bask on the sands in the mouth of the +Mississippi. I make no objection to these from their want of moral +qualities or political light. The inhabitants of New Orleans are, I +suppose, like those of all other countries, some good, some bad, some +indifferent.* * * + +I will add only a few words, in relation to the moral and political +consequences of usurping this power. I have said that it would be a +virtual dissolution of the Union; and gentlemen express great +sensibility at the expression. But the true source of terror is not the +declaration I have made, but the deed you propose. Is there a moral +principle of public law better settled, or more conformable to the +plainest suggestions of reason, than that the violation of a contract by +one of the parties may be considered as exempting the other from its +obligations? Suppose, in private life, thirteen form a partnership, and +ten of them undertake to admit a new partner without the concurrence of +the other three, would it not be at their option to abandon the +partnership, after so palpable an infringement of their rights? How much +more, in the political partnership, where the admission of new +associates, without previous authority, is so pregnant with obvious +dangers and evils! Again, it is settled as a principle of morality, +among writers on public law, that no person can be obliged, beyond his +intent at the time of contract. Now who believes, who dare assert, that +it was the intention of the people, when they adopted this Constitution, +to assign, eventually, to New Orleans and Louisiana, a portion of their +political power; and to invest all the people those extensive regions +might hereafter contain, with an authority over themselves and their +descendants? When you throw the weight of Louisiana into the scale, you +destroy the political equipoise contemplated at the time of forming the +contract. Can any man venture to affirm that the people did intend such +a comprehension as you now, by construction, give it? Or can it be +concealed that, beyond its fair and acknowledged intent, such a compact +has no moral force? If gentlemen are so alarmed at the bare mention of +the consequences, let them abandon a measure which, sooner or later, +will produce them. How long before the seeds of discontent will ripen, +no man can foretell. But it is the part of wisdom not to multiply or +scatter them. Do you suppose the people of the Northern and Atlantic +States will, or ought to, look on with patience and see Representatives +and Senators, from the Red River and Missouri, pouring themselves upon +this and the other floor, managing the concerns of a sea-board fifteen +hundred miles, at least, from their residence; and having a +preponderancy in councils, into which, constitutionally, they could +never have been admitted? I have no hesitation upon this point. They +neither will see it, nor ought to see it, with content. It is the part +of a wise man to foresee danger and to hide himself. This great +usurpation, which creeps into this House, under the plausible appearance +of giving content to that important point, New Orleans, starts up a +gigantic power to control the nation. Upon the actual condition of +things, there is, there can be, no need of concealment. It is apparent +to the blindest vision. By the course of nature, and conformable to the +acknowledged principles of the Constitution, the sceptre of power, in +this country, is passing toward the Northwest. Sir, there is to this no +objection. The right belongs to that quarter of the country. Enjoy it; +it is yours. Use the powers granted as you please. But take care, in +your haste after effectual dominion, not to overload the scale by +heaping it with these new acquisitions. Grasp not too eagerly at your +purpose. In your speed after uncontrolled sway, trample not down this +Constitution. * * * + +New States are intended to be formed beyond the Mississippi. There is no +limit to men's imaginations, on this subject, short of California and +Columbia River. When I said that the bill would justify a revolution and +would produce it, I spoke of its principle and its practical +consequences. To this principle and those consequences I would call the +attention of this House and nation. If it be about to introduce a +condition of things absolutely insupportable, it becomes wise and honest +men to anticipate the evil, and to warn and prepare the people against +the event. I have no hesitation on the subject. The extension of this +principle to the States contemplated beyond the Mississippi, cannot, +will not, and ought not to be borne. And the sooner the people +contemplate the unavoidable result the better; the more hope that the +evils may be palliated or removed. + +Mr. Speaker, what is this liberty of which so much is said? Is it to +walk about this earth, to breathe this air, to partake the common +blessings of God's providence? The beasts of the field and the birds of +the air unite with us in such privileges as these. But man boasts a +purer and more ethereal temperature. His mind grasps in its view the +past and future, as well as the present. We live not for ourselves +alone. That which we call liberty is that principle on which the +essential security of our political condition depends. It results from +the limitations of our political system, prescribed in the Constitution. +These limitations, so long as they are faithfully observed, maintain +order, peace, and safety. When they are violated, in essential +particulars, all the concurrent spheres of authority rush against each +other; and disorder, derangement, and convulsion are, sooner or later, +the necessary consequences. + +With respect to this love of our Union, concerning which so much +sensibility is expressed, I have no fears about analyzing its nature. +There is in it nothing of mystery. It depends upon the qualities of that +Union, and it results from its effects upon our and our country's +happiness. It is valued for "that sober certainty of waking bliss" which +it enables us to realize. It grows out of the affections, and has not, +and cannot be made to have, any thing universal in its nature. Sir, I +confess it: the first public love of my heart is the Commonwealth of +Massachusetts. There is my fireside; there are the tombs of my ancestors. + + "Low lies that land, yet blest with fruitful stores, + Strong are her sons, though rocky are her shores; + And none, ah! none, so lovely to my sight, + Of all the lands which heaven o'erspreads with light." + +The love of this Union grows out of this attachment to my native soil, +and is rooted in it. I cherish it, because it affords the best external +hope of her peace, her prosperity, her independence. I oppose this bill +from no animosity to the people of New Orleans; but from the deep +conviction that it contains a principle incompatible with the liberties +and safety of my country. I have no concealment of my opinion. The bill, +if it passes, is a death-blow to the Constitution. It may, afterward, +linger; but, lingering, its fate will, at no very distant period, be +consummated. + + + + +HENRY CLAY + + +--OF KENTUCKY. (BORN 1777, DIED 1852.) + + +ON THE WAR OF 1812--HOUSE OF REPRESENTATIVES, JAN. 8, 1813. + +SIR, gentlemen appear to me to forget that they stand on American soil; +that they are not in the British House of Commons, but in the chamber of +the House of Representatives of the United States; that we have nothing +to do with the affairs of Europe, the partition of territory and +sovereignty there, except so far as these things affect the interests of +our own country. Gentlemen transform themselves into the Burkes, +Chathams, and Pitts of another country, and, forgetting, from honest +zeal, the interests of America, engage with European sensibility in the +discussion of European interests. If gentlemen ask me whether I do not +view with regret and horror the concentration of such vast power in the +hands of Bonaparte, I reply that I do. I regret to see the Emperor of +China holding such immense sway over the fortunes of millions of our +species. I regret to see Great Britain possessing so uncontrolled a +command over all the waters of the globe. If I had the ability to +distribute among the nations of Europe their several portions of power +and of sovereignty, I would say that Holland should be resuscitated and +given the weight she enjoyed in the days of her De Witts. I would +confine France within her natural boundaries, the Alps, Pyrenees, and +the Rhine, and make her a secondary naval power only. I would abridge +the British maritime power, raise Prussia and Austria to their original +condition, and preserve the integrity of the Empire of Russia. But these +are speculations. I look at the political transactions of Europe, with +the single exception of their possible bearing upon us, as I do at the +history of other countries and other times. I do not survey them with +half the interest that I do the movements in South America. Our +political relation with them is much less important than it is supposed +to be. I have no fears of French or English subjugation. If we are +united we are too powerful for the mightiest nation in Europe or all +Europe combined. If we are separated and torn asunder, we shall become +an easy prey to the weakest of them. In the latter dreadful contingency +our country will not be worth preserving. + +Next to the notice which the opposition has found itself called upon to +bestow upon the French Emperor, a distinguished citizen of Virginia, +formerly President of the United States, has never for a moment failed +to receive their kindest and most respectful attention. An honorable +gentleman from Massachusetts (Mr. Quincy), of whom I am sorry to say it +becomes necessary for me, in the course of my remarks, to take some +notice, has alluded to him in a remarkable manner. Neither his +retirement from public office, his eminent services, nor his advanced +age, can exempt this patriot from the coarse assaults of party +malevolence. No, sir. In 1801 he snatched from the rude hand of +usurpation the violated Constitution of his country, and that is his +crime. He preserved that instrument, in form, and substance, and spirit, +a precious inheritance for generations to come, and for this he can +never be forgiven. How vain and impotent is party rage, directed against +such a man. He is not more elevated by his lofty residence, upon the +summit of his own favorite mountain, than he is lifted, by the serenity +of his mind, and the consciousness of a well-spent life, above the +malignant passions and bitter feelings of the day. No! his own beloved +Monticello is not less moved by the storms that beat against its sides +than is this illustrious man by the howlings of the whole British pack, +set loose from the Essex kennel. When the gentleman to whom I have been +compelled to allude shall have mingled his dust with that of his abused +ancestors, when he shall have been consigned to oblivion, or, if he +lives at all, shall live only in the treasonable annals of a certain +junto, the name of Jefferson will be hailed with gratitude, his memory +honored and cherished as the second founder of the liberties of the +people, and the period of his administration will be looked back to as +one of the happiest and brightest epochs of American history; an oasis +in the midst of a sandy desert. But I beg the gentleman's pardon; he has +already secured to himself a more imperishable fame than I had supposed; +I think it was about four years that he submitted to the House of +Representatives an initiative proposition for the impeachment of Mr. +Jefferson. The house condescended to consider it. The gentleman debated +it with his usual temper, moderation, and urbanity. The house decided +upon it in the most solemn manner, and, although the gentleman had +somehow obtained a second, the final vote stood one for, and one hundred +and seventeen against, the proposition. * * * + +But sir, I must speak of another subject, which I never think of but +with feelings of the deepest awe. The gentleman from Massachusetts, in +imitation of some of his predecessors of 1799, has entertained us with a +picture of cabinet plots, presidential plots, and all sorts of plots, +which have been engendered by the diseased state of the gentleman's +imagination. I wish, sir, that another plot, of a much more serious and +alarming character--a plot that aims at the dismemberment of our +Union--had only the same imaginary existence. But no man, who has paid +any attention to the tone of certain prints and to transactions in a +particular quarter of the Union, for several years past, can doubt the +existence of such a plot. It was far, very far from my intention to +charge the opposition with such a design. No, I believe them generally +incapable of it. But I cannot say as much for some who have been +unworthily associated with them in the quarter of the Union to which I +have referred. The gentleman cannot have forgotten his own sentiment, +uttered even on the floor of this house, "peaceably if we can, forcibly +if we must," nearly at the very time Henry's mission was undertaken. The +flagitiousness of that embassy had been attempted to be concealed by +directing the public attention to the price which, the gentleman says, +was given for the disclosure. As if any price could change the +atrociousness of the attempt on the part of Great Britain, or could +extenuate, in the slightest degree, the offence of those citizens, who +entertained and deliberated on a proposition so infamous and unnatural * +* * But, sir, I will quit this unpleasant subject. * * * + +The war was declared because Great Britain arrogated to herself the +pretension of regulating our foreign trade, under the delusive name of +retaliatory orders in council--a pretension by which she undertook to +proclaim to American enterprise, "thus far shalt thou go, and no +further"--orders which she refused to revoke after the alleged cause of +their enactment had ceased; because she persisted in the practice of +impressing American seamen; because she had instigated the Indians to +commit hostilities against us; and because she refused indemnity for her +past injuries upon our commerce. I throw out of the question other +wrongs. So undeniable were the causes of the war, so powerfully did they +address themselves to the feelings of the whole American people, that +when the bill was pending before this House, gentlemen in the +opposition, although provoked to debate, would not, or could not, utter +one syllable against it. It is true, they wrapped themselves up in +sullen silence, pretending they did not choose to debate such a question +in secret session. While speaking of the proceedings on that occasion I +beg to be permitted to advert to another fact which transpired--an +important fact, material for the nation to know, and which I have often +regretted had not been spread upon our journals. My honorable colleague +(Mr. McKee) moved, in committee of the whole, to comprehend France in +the war; and when the question was taken upon the proposition, there +appeared but ten votes in support of it, of whom seven belonged to this +side of the house, and three only to the other. * * * + +It is not to the British principle (of allegiance), objectionable as it +is, that we are alone to look; it is to her practice, no matter what +guise she puts on. It is in vain to assert the inviolability of the +obligation of allegiance. It is in vain to set up the plea of necessity, +and to allege that she cannot exist without the impressment of HER +seamen. The naked truth is, she comes, by her press-gangs, on board of +our vessels, seizes OUR native as well as naturalized seamen, and drags +them into her service. It is the case, then, of the assertion of an +erroneous principle, and of a practice not conformable to the asserted +principle--a principle which, if it were theoretically right, must be +forever practically wrong--a practice which can obtain countenance from +no principle whatever, and to submit to which, on our part, would betray +the most abject degradation. We are told, by gentlemen in the +opposition, that government has not done all that was incumbent on it to +do, to avoid just cause of complaint on the part of Great Britain; that +in particular the certificates of protection, authorized by the act of +1796, are fraudulently used. Sir, government has done too much in +granting those paper protections. I can never think of them without +being shocked. They resemble the passes which the master grants to his +negro slave: "Let the bearer, Mungo, pass and repass without +molestation." What do they imply? That Great Britain has a right to +seize all who are not provided with them. From their very nature, they +must be liable to abuse on both sides. If Great Britain desires a mark, +by which she can know her own subjects, let her give them an ear-mark. +The colors that float from the mast-head should be the credentials of +our seamen. There is no safety to us, and the gentlemen have shown it, +but in the rule that all who sail under the flag (not being enemies), +are protected by the flag. It is impossible that this country should +ever abandon the gallant tars who have won for us such splendid +trophies. Let me suppose that the genius of Columbia should visit one of +them in his oppressor's prison, and attempt to reconcile him to his +forlorn and wretched condition. She would say to him, in the language of +gentlemen on the other side: "Great Britain intends you no harm; she did +not mean to impress you, but one of her own subjects; having taken you +by mistake, I will remonstrate, and try to prevail upon her, by +peaceable means, to release you; but I cannot, my son, fight for you." +If he did not consider this mere mockery, the poor tar would address her +judgment and say: "You owe me, my country, protection; I owe you, in +return, obedience. I am no British subject; I am a native of old +Massachusetts, where lived my aged father, my wife, my children. I have +faithfully discharged my duty. Will you refuse to do yours?" Appealing +to her passions, he would continue: "I lost this eye in fighting under +Truxton, with the Insurgence; I got this scar before Tripoli; I broke +this leg on board the Constitution, when the Guerriere struck." * * * I +will not imagine the dreadful catastrophe to which he would be driven by +an abandonment of him to his oppressor. It will not be, it cannot be, +that his country will refuse him protection. * * * + +An honorable peace is attainable only by an efficient war. My plan would +be to call out the ample resources of the country, give them a judicious +direction, prosecute the war with the utmost vigor, strike wherever we +can reach the enemy, at sea or on land, and negotiate the terms of a +peace at Quebec or at Halifax. We are told that England is a proud and +lofty nation, which, disdaining to wait for danger, meets it half way. +Haughty as she is we triumphed over her once, and, if we do not listen +to the counsels of timidity and despair, we shall again prevail. In such +a cause, with the aid of Providence, we must come out crowned with +success; but, if we fail, let us fail like men, lash ourselves to our +gallant tars, and expire together in one common struggle, fighting for +FREE TRADE AND SEAMEN'S RIGHTS. + + + + +IV. -- THE RISE OF NATIONALITY. + + +In spite of execrable financial management, of the criminal blunders of +political army officers, and of consequent defeats on land, and quite +apart from brilliant sea-fights and the New Orleans victory, the war of +1812 was of incalculable benefit to the United States. It marks more +particularly the point at which the already established democracy began +to shade off into a real nationality. + +The Democratic party began its career as a States-rights party. +Possession of national power had so far modified the practical operation +of its tenets that it had not hesitated to carry out a national policy, +and even wage a desperate war, in flat opposition to the will of one +section of the Union, comprising five of its most influential States; +and, when the Hartford Convention was suspected of a design to put the +New England opposition to the war into a forcible veto, there were many +indications that the dominant party was fully prepared to answer by a +forcible materialization of the national will. In the North and West, at +least, the old States-rights formulas never carried a real vitality +beyond the war of 1812. Men still spoke of "sovereign States," and +prided themselves on the difference between the "voluntary union of +States" and the effete despotisms of Europe; but the ghost of the +Hartford Convention had laid very many more dangerous ghosts in the +section in which it had appeared. + +The theatre of the war, now filled with comfortable farms and populous +cities, was then less known than any of our Territories in 1896. There +were no roads, and the transportation of provisions for the troops, of +guns, ammunition, and stores for the lake navies, was one of the most +difficult of the problems which the National Government was called upon +to solve. It cannot be said that the solution was successfully reached, +for the blunders in transportation were among the most costly, +exasperating, and dangerous of the war. But the efforts to reach it +provided the impulse which soon after resulted in the settlement of +Western New York, the appearance of the germs of such flourishing cities +as Buffalo, Rochester, and Syracuse, the opening up of the Southwest +Territory, between Tennessee and New Orleans, and the rapid admission of +the new States of Indiana, Illinois, Mississippi, and Missouri. But the +impulse did not stop here. The inconveniences and dangers arising from +the possession of a vast territory with utterly inadequate means of +communication had been brought so plainly to public view by the war that +the question of communication influenced politics in every direction. In +New York it took shape in the construction of the Erie Canal (finished +in 1825). In States farther west and south, the loaning of the public +credit to enterprises of the nature of the Erie Canal increased until +the panic of 1837 introduced "repudiation" into American politics. In +national politics, the necessity of a general system of canals and +roads, as a means of military defence, was at first admitted by all, +even by Calhoun, was gradually rejected by the stricter constructionists +of the Constitution, and finally became a tenet of the National +Republican party, headed by John Quincy Adams and Clay (1825-29), and of +its greater successor the Whig party, headed by Clay. This idea of +Internal Improvements at national expense, though suggested by Gallatin +and Clay in 1806-08, only became a political question when the war had +forced it upon public attention; and it has not yet entirely +disappeared. + +The maintenance of such a system required money, and a high tariff of +duties on imports was a necessary concomitant to Internal Improvements. +The germ of this system was also a product of the war of 1812. Hamilton +had proposed it twenty years before; and the first American tariff act +had declared that its object was the encouragement of American +manufactures. But the system had never been effectively introduced until +the war and the blockade had forced American manufactures into +existence. Peace brought competition with British manufacturers, and the +American manufacturers began to call for protection. The tariff of 1816 +contained the principle of Protection, but only carried it into practice +far enough to induce the manufacturers to rely on the dominant party for +more of it. This expectation, rather than the Federalist opposition to +the war, is the explanation of the immediate and rapid decline of the +Federal party in New England. Continued effort brought about the tariff +of 1824, which was more protective; the tariff of 1828, which was still +more protective; and the tariff of 1830, which reduced the protective +element to a system. + +The two sections, North and South, had been very much alike until the +war called the principle of growth into activity. The slave system of +labor, which had fallen in the North and had survived and been made +still more profitable in the South by Whitney's invention of the cotton +gin in 1793, shut the South off from almost all share in the new life. +That section had a monopoly of the cotton culture, and the present +profit of slave labor blinded it to the ultimate consequences of it. The +slave was fit for rude agriculture alone; he could not be employed in +manufactures, or in any labor which required intelligence; and the +slave-owner, while he desired manufactures, did not dare to cultivate +the necessary intelligence in his own slaves. The South could therefore +find no profit in protection, and yet it could not with dignity admit +that its slave system precluded it from the advantages of protection, or +base its opposition to protection wholly on economic grounds. Its only +recourse was the constitutional ground of the lack of power of Congress +to pass a protective tariff, and this brought up again the question +which had evolved the Kentucky resolutions of 1798-9. Calhoun, with +pitiless logic, developed them into a scheme of constitutional +Nullification. Under his lead, + +South Carolina, in 1832, declared through her State Convention that the +protective tariff acts were no law, nor binding on the State, its +officers or citizens. President Jackson, while he was ready and willing +to suppress any such rebellion by force, was not sorry to see his +adherents in Congress make use of it to overthrow protection; and a +"compromise tariff," to which the protectionists agreed, was passed in +1833. It reduced the duties by an annual percentage for ten years. The +nullifiers claimed this as a triumph, and formally repealed the +ordinance of nullification, as if it had accomplished its object. But, +in its real intent, it had failed wretchedly. It had asserted State +sovereignty through the State's proper voice of a convention. When the +time fixed for the execution of the ordinance arrived, Jackson's +intention of taking the State's sovereignty by the throat had become so +evident that an unofficial meeting of nullifiers suspended the ordinance +until the passage of the compromise tariff had made it unnecessary. For +the first time, the force of a State and the national force had +approached threateningly near collision, and no State ever tried it +again. When the tariff of 1842 reintroduced the principle of protection, +no one thought of taking the broken weapon of nullification from its +resting-place; and secession was finally attempted only as a sectional +movement, not as the expression of the will of a State, but as a +concerted revolution by a number of States. It seems certain that +nationality had attained force enough, even in 1833, to have put State +sovereignty forever under its feet; and that but for the cohesive +sectional force of slavery and its interests, the development of +nationality would have been undisputed for the future. + +New conditions were increasing the growth of the North and West, and +their separation from the South in national life, even when +nullification was in its death struggle. The acquisition of Louisiana in +1803 had been followed in 1807 by Fulton's invention of the steamboat, +the most important factor in carrying immigration into the new +territories and opening them up to settlement. But the steamboat could +not quite bridge over the gap between the Alleghanies and the +Mississippi. Internal improvements, canals, and improved roads were not +quite the instrument that was needed. It was found at last in the +introduction of the railway into the United States in 1830-32. This +proved to be an agent which could solve every difficulty except its own. +It could bridge over every gap; it could make profit of its own, and +make profitable that which had before been unprofitable. It placed +immigrants where the steamboat, canal, and road could at last be of the +highest utility to them; it developed the great West with startling +rapidity; it increased the sale of government lands so rapidly that in a +few years the debt of the United States was paid off, and the surplus +became, for the first time, a source of political embarrassment. In a +few years further, aided by revolutionary troubles in Europe, +immigration became a great stream, which poured into and altered the +conditions of every part of the North and West. The stream was +altogether nationalizing in its nature. The immigrant came to the United +States, not to a particular State. To him, the country was greater than +any State; even that of his adoption. Labor conditions excluded the +South from this element of progress also. Not only were the railroads of +the South hampered in every point by the old difficulty of slave labor; +immigration and free labor shunned slave soil as if the plague were +there prevalent. Year after year the North and West became more national +in their prejudices and modes of thought and action; while the South +remained little changed, except by a natural reactionary drift toward a +more extreme colonialism. The natural result, in the next period was the +development of a quasi nationality in the South itself. + +The introduction of the railway had brought its own difficulties, though +these were not felt severely until after years. In the continent of +Europe, the governments carefully retained their powers of eminent +domain when the new system was introduced. The necessary land was loaned +to the railways for a term of years, at the expiration of which the +railway was to revert to the State; and railway troubles were +non-existent, or comparatively tractable. In the United States, as in +Great Britain, free right of incorporation was supplemented by what was +really a gift of the power of eminent domain. The necessary land became +the property of the corporations in fee, and it has been found almost +equally difficult to revoke the gift or to introduce a railway control. + +Democracy took a new and extreme line of development under its alliance +with nationality. As the dominant party, about 1827-8, became divided +into two parties, the new parties felt the democratic influence as +neither of their predecessors had felt it. Nominations, which had been +made by cliques of legislators or Congressmen, began to be made by +popular delegate conventions about 1825. Before 1835, national, State, +and local conventions had been united into parties of the modern type. +With them came the pseudo-democratic idea of "rotation in office," +introduced into national politics by President Jackson, in 1829, and +adopted by succeeding administrations. There were also some attempts to +do away with the electoral system, and to make the federal judiciary +elective, or to impose on it some other term of office than good +behavior; but these had neither success nor encouragement. + +The financial errors of the war of 1812 had fairly compelled the +re-establishment of the Bank of the United States in 1816, with a +charter for twenty years, and the control of the deposits of national +revenue. Soon after Jackson's inauguration, the managers of the new +democratic party came into collision with the bank on the appointment of +a subordinate agent. It very soon became evident that the bank could not +exist in the new political atmosphere. It was driven into politics; +a new charter was vetoed in 1832; and after one of the bitterest +struggles of our history, the bank ceased to exist as a government +institution in 1836. The reason for its fall, however disguised by +attendant circumstances, was really its lack of harmony with the +national-democratic environment which had overtaken it. Benton's +speech presents a review of this bank struggle and of accompanying +political controversies. + +The anti-slavery agitation, which began in 1830, was as evidently a +product of the new phase of democracy, but will fall more naturally +under the next period. + +Webster's reply to Hayne has been taken as the best illustration of that +thoroughly national feeling which was impossible before the war of 1812, +and increasingly more common after it. It has been necessary to preface +it with Hayne's speech, in order to have a clear understanding of parts +of Webster's; but it has not been possible to omit Calhoun's speech, as +a defence of his scheme of nullification, and as an exemplification of +the reaction toward colonialism with which the South met the national +development. It has not seemed necessary to include other examples of +the orations called forth by the temporary political issues of the time. + + + + +ROBERT Y. HAYNE, + +---OF SOUTH CAROLINA. (BORN 1791, DIED 1840.) + + +ON MR. FOOT'S RESOLUTION IN THE UNITED STATES SENATE, JAN. 21, 1830 + + +MR. SPEAKER: + +Mr. Hayne said, when he took occasion, two days ago, to throw out some +ideas with respect to the policy of the government in relation to the +public lands, nothing certainly could have been further from his +thoughts than that he should have been compelled again to throw himself +upon the indulgence of the Senate. Little did I expect, said Mr. H., to +be called upon to meet such an argument as was yesterday urged by the +gentleman from Massachusetts (Mr. Webster). Sir, I question no man's +opinions; I impeach no man's motives; I charged no party, or State, or +section of country with hostility to any other, but ventured, as I +thought, in a becoming spirit, to put forth my own sentiments in +relation to a great national question of public policy. Such was my +course. The gentleman from Missouri (Mr. Benton), it is true, had +charged upon the Eastern States an early and continued hostility toward +the West, and referred to a number of historical facts and documents in +support of that charge. Now, sir, how have these different arguments +been met? The honorable gentleman from Massachusetts, after deliberating +a whole night upon his course, comes into this chamber to vindicate New +England; and instead of making up his issue with the gentleman from +Missouri, on the charges which he had preferred, chooses to consider me +as the author of those charges, and losing sight entirely of that +gentleman, selects me as his adversary, and pours out all the vials of +his mighty wrath upon my devoted head. Nor is he willing to stop there. +He goes on to assail the institutions and policy of the South, and calls +in question the principles and conduct of the State which I have the +honor to represent. When I find a gentleman of mature age and +experience, of acknowledged talents and profound sagacity, pursuing a +course like this, declining the contest offered from the West, and +making war upon the unoffending South, I must believe, I am bound to +believe, he has some object in view which he has not ventured to +disclose. Mr. President, why is this? Has the gentleman discovered in +former controversies with the gentleman from Missouri, that he is +overmatched by that senator? And does he hope for an easy victory over a +more feeble adversary? Has the gentleman's distempered fancy been +disturbed by gloomy forebodings of "new alliances to be formed," at +which he hinted? Has the ghost of the murdered coalition come back, like +the ghost of Banquo, to "sear the eyeballs" of the gentleman, and will +not down at his bidding? Are dark visions of broken hopes, and honors +lost forever, still floating before his heated imagination? Sir, if it +be his object to thrust me between the gentleman from Missouri and +himself, in order to rescue the East from the contest it has provoked +with the West, he shall not be gratified. Sir, I will not be dragged +into the defence of my friend from Missouri. The South shall not be +forced into a conflict not its own. The gentleman from Missouri is able +to fight his own battles. The gallant West needs no aid from the South +to repel any attack which may be made upon them from any quarter. Let +the gentleman from Massachusetts controvert the facts and arguments of +the gentleman from Missouri, if he can--and if he win the victory, let +him wear the honors; I shall not deprive him of his laurels. * * * + +Sir, any one acquainted with the history of parties in this country will +recognize in the points now in dispute between the Senator from +Massachusetts and myself the very grounds which have, from the +beginning, divided the two great parties in this country, and which +(call these parties by what names you will, and amalgamate them as you +may) will divide them forever. The true distinction between those +parties is laid down in a celebrated manifesto issued by the convention +of the Federalists of Massachusetts, assembled in Boston, in February, +1824, on the occasion of organizing a party opposition to the reelection +of Governor Eustis. The gentleman will recognize this as "the canonical +book of political scripture"; and it instructs us that, when the +American colonies redeemed themselves from British bondage, and became +so many independent nations, they proposed to form a NATIONAL UNION (not +a Federal Union, sir, but a NATIONAL UNION). + +Those who were in favor of a union of the States in this form became +known by the name of Federalists; those who wanted no union of the +States, or disliked the proposed form of union, became known by the name +of Anti-Federalists. By means which need not be enumerated, the +Anti-Federalists became (after the expiration of twelve years) our +national rulers, and for a period of sixteen years, until the close of +Mr. Madison's administration in 1817, continued to exercise the +exclusive direction of our public affairs. Here, sir, is the true +history of the origin, rise, and progress of the party of National +Republicans, who date back to the very origin of the Government, and who +then, as now, chose to consider the Constitution as having created not a +Federal, but a National, Union; who regarded "consolidation" as no evil, +and who doubtless consider it "a consummation to be wished" to build up +a great "central government," "one and indivisible." Sir, there have +existed, in every age and every country, two distinct orders of men--the +lovers of freedom and the devoted advocates of power. + +The same great leading principles, modified only by the peculiarities of +manners, habits, and institutions, divided parties in the ancient +republics, animated the Whigs and Tories of Great Britain, distinguished +in our own times the Liberals and Ultras of France, and may be traced +even in the bloody struggles of unhappy Spain. Sir, when the gallant +Riego, who devoted himself and all that he possessed to the liberties of +his country, was dragged to the scaffold, followed by the tears and +lamentations of every lover of freedom throughout the world, he perished +amid the deafening cries of "Long live the absolute king!" The people +whom I represent, Mr. President, are the descendants of those who +brought with them to this country, as the most precious of their +possessions, "an ardent love of liberty"; and while that shall be +preserved, they will always be found manfully struggling against the +consolidation of the Government AS THE WORST OF EVILS. * * * + +Who, then, Mr. President, are the true friends of the Union? Those who +would confine the Federal Government strictly within the limits +prescribed by the Constitution; who would preserve to the States and the +people all powers not expressly delegated; who would make this a Federal +and not a National Union, and who, administering the Government in a +spirit of equal justice, would make it a blessing, and not a curse. And +who are its enemies? Those who are in favor of consolidation; who are +constantly stealing power from the States, and adding strength to the +Federal Government; who, assuming an unwarrantable jurisdiction over the +States and the people, undertake to regulate the whole industry and +capital of the country. But, sir, of all descriptions of men, I consider +those as the worst enemies of the Union, who sacrifice the equal rights +which belong to every member of the confederacy to combinations of +interested majorities for personal or political objects. But the +gentleman apprehends no evil from the dependence of the States on the +Federal Government; he can see no danger of corruption from the +influence of money or patronage. Sir, I know that it is supposed to be a +wise saying that "patronage is a source of weakness"; and in support of +that maxim it has been said that "every ten appointments make a hundred +enemies." But I am rather inclined to think, with the eloquent and +sagacious orator now reposing on his laurels on the banks of the +Roanoke, that "the power of conferring favors creates a crowd of +dependents"; he gave a forcible illustration of the truth of the remark, +when he told us of the effect of holding up the savory morsel to the +eager eyes of the hungry hounds gathered around his door. It mattered +not whether the gift was bestowed on "Towzer" or "Sweetlips," "Tray," +"Blanche," or "Sweetheart"; while held in suspense, they were all +governed by a nod, and when the morsel was bestowed, the expectation of +the favors of to-morrow kept up the subjection of to-day. + +The Senator from Massachusetts, in denouncing what he is pleased to call +the Carolina doctrine, has attempted to throw ridicule upon the idea +that a State has any constitutional remedy by the exercise of its +sovereign authority, against "a gross, palpable, and deliberate +violation of the Constitution." He calls it "an idle" or "a ridiculous +notion," or something to that effect, and added, that it would make the +Union a "mere rope of sand." Now, sir, as the gentleman has not +condescended to enter into any examination of the question, and has been +satisfied with throwing the weight of his authority into the scale, I do +not deem it necessary to do more than to throw into the opposite scale +the authority on which South Carolina relies; and there, for the +present, I am perfectly willing to leave the controversy. The South +Carolina doctrine, that is to say, the doctrine contained in an +exposition reported by a committee of the Legislature in December, 1828, +and published by their authority, is the good old Republican doctrine of +'98--the doctrine of the celebrated "Virginia Resolutions" of that year, +and of "Madison's Report" of '99. It will be recollected that the +Legislature of Virginia, in December, '98, took into consideration the +alien and sedition laws, then considered by all Republicans as a gross +violation of the Constitution of the United States, and on that day +passed, among others, the following resolution: + +"The General 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 further +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 the +parties there-to 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." + +In addition to the above resolution, the General Assembly of Virginia +"appealed to the other States, in the confidence that they would concur +with that commonwealth, that the acts aforesaid (the alien and sedition +laws) are unconstitutional, and that the necessary and proper measures +would be taken by each for cooperating with Virginia in maintaining +unimpaired the authorities, rights, and liberties reserved to the States +respectively, or to the people." * * * + +But, sir, our authorities do not stop here. The State of Kentucky +responded to Virginia, and on the 10th of November, 1798, adopted those +celebrated resolutions, well known to have been penned by the author of +the Declaration of American Independence. In those resolutions, the +Legislature of Kentucky declare, "that the government created by this +compact was not made the exclusive or final judge of the extent of the +power delegated to itself, since that would have made its discretion, +and not the Constitution, the measure of its powers; but that, as in all +other cases of compact among parties having no common judge, each party +has an equal right to judge for itself as well of infractions as of the +mode and measure of redress." * * * + +Sir, at that day the whole country was divided on this very question. It +formed the line of demarcation between the federal and republican +parties; and the great political revolution which then took place turned +upon the very questions involved in these resolutions. That question was +decided by the people, and by that decision the Constitution was, in the +emphatic language of Mr. Jefferson, "saved at its last gasp." I should +suppose, sir, it would require more self-respect than any gentleman here +would be willing to assume, to treat lightly doctrines derived from such +high sources. Resting on authority like this, I will ask, gentlemen, +whether South Carolina has not manifested a high regard for the Union, +when, under a tyranny ten times more grievous than the alien and +sedition laws, she has hitherto gone no further than to petition, +remonstrate, and to solemnly protest against a series of measures which +she believes to be wholly unconstitutional and utterly destructive of +her interests. Sir, South Carolina has not gone one step further than +Mr. Jefferson himself was disposed to go, in relation to the present +subject of our present complaints--not a step further than the statesmen +from New England were disposed to go under similar circumstances; no +further than the Senator from Massachusetts himself once considered as +within "the limits of a constitutional opposition." The doctrine that it +is the right of a State to judge of the violations of the Constitution +on the part of the Federal Government, and to protect her citizens from +the operations of unconstitutional laws, was held by the enlightened +citizens of Boston, who assembled in Faneuil Hall, on the 25th of +January, 1809. They state, in that celebrated memorial, that "they +looked only to the State Legislature, which was competent to devise +relief against the unconstitutional acts of the General Government. That +your power (say they) is adequate to that object, is evident from the +organization of the confederacy." * * * + +Thus it will be seen, Mr. President, that the South Carolina doctrine is +the Republican doctrine of '98,--that it was promulgated by the fathers +of the faith,--that it was maintained by Virginia and Kentucky in the +worst of times,--that it constituted the very pivot on which the +political revolution of that day turned,--that it embraces the very +principles, the triumph of which, at that time, saved the Constitution +at its last gasp, and which New England statesmen were not unwilling to +adopt when they believed themselves to be the victims of +unconstitutional legislation. Sir, as to the doctrine that the Federal +Government is the exclusive judge of the extent as well as the +limitations of its power, it seems to me to be utterly subversive of the +sovereignty and independence of the States. It makes but little +difference, in my estimation, whether Congress or the Supreme Court are +invested with this power. If the Federal Government, in all, or any, of +its departments, is to prescribe the limits of its own authority, and +the States are bound to submit to the decision, and are not to be +allowed to examine and decide for themselves when the barriers of the +Constitution shall be overleaped, this is practically "a government +without limitation of powers." The States are at once reduced to mere +petty corporations, and the people are entirely at your mercy. I have +but one word more to add. In all the efforts that have been made by +South Carolina to resist the unconstitutional laws which Congress has +extended over them, she has kept steadily in view the preservation of +the Union, by the only means by which she believes it can be long +preserved--a firm, manly, and steady resistance against usurpation. The +measures of the Federal Government have, it is true, prostrated her +interests, and will soon involve the whole South in irretrievable ruin. +But even this evil, great as it is, is not the chief ground of our +complaints. It is the principle involved in the contest--a principle +which, substituting the discretion of Congress for the limitations of +the Constitution, brings the States and the people to the feet of the +Federal Government, and leaves them nothing they can call their own. +Sir, if the measures of the Federal Government were less oppressive, we +should still strive against this usurpation. The South is acting on a +principle she has always held sacred--resistance to unauthorized +taxation. These, sir, are the principles which induced the immortal +Hampden to resist the payment of a tax of twenty shillings. Would twenty +shillings have ruined his fortune? No! but the payment of half of twenty +shillings, on the principle on which it was demanded, would have made +him a slave. Sir, if acting on these high motives--if animated by that +ardent love of liberty which has always been the most prominent trait in +the Southern character, we would be hurried beyond the bounds of a cold +and calculating prudence; who is there, with one noble and generous +sentiment in his bosom, who would not be disposed, in the language of +Burke, to exclaim, "You must pardon something to the spirit of liberty?" + + + + +DANIEL WEBSTER, + +--OF MASSACHUSETTS. (BORN 1782, DIED 1852.) + + +IN REPLY TO HAYNE, IN THE UNITED STATES SENATE, JANUARY 26, 1830. + + +MR. PRESIDENT: + +When the mariner has been tossed for many days in thick weather, and on +an unknown sea, he naturally avails himself of the first pause in the +storm, the earliest glance of the sun, to take his latitude, and +ascertain how far the elements have driven him from his true course. Let +us imitate this prudence, and before we float further on the waves of +this debate, refer to the point from which we departed, that we may at +least be able to conjecture where we now are. I ask for the reading of +the resolution before the Senate. + +(The Secretary read the resolution, as follows:) + +"Resolved, That the Committee on Public Lands be instructed to inquire +and report the quantity of public land remaining unsold within each +State and Territory, and whether it be expedient to limit for a certain +period the sales of the public lands to such lands only as have +heretofore been offered for sale, and are now subject to entry at the +minimum price. And, also, whether the office of Surveyor-General, and +some of the land offices, may not be abolished without detriment to the +public interest; or whether it be expedient to adopt measures to hasten +the sales and extend more rapidly the surveys of the public lands." + +We have thus heard, sir, what the resolution is which is actually before +us for consideration; and it will readily occur to everyone, that it is +almost the only subject about which something has not been said in the +speech, running through two days, by which the Senate has been +entertained by the gentleman from South Carolina. Every topic in the +wide range of our public affairs, whether past or present--every thing, +general or local, whether belonging to national politics or party +politics--seems to have attracted more or less of the honorable member's +attention, save only the resolution before the Senate. He has spoken of +every thing but the public lands; they have escaped his notice. To that +subject, in all his excursions, he has not paid even the cold respect of +a passing glance. + +When this debate, sir, was to be resumed, on Thursday morning, it so +happened that it would have been convenient for me to be elsewhere. The +honorable member, however, did not incline to put off the discussion to +another day. He had a shot, he said, to return, and he wished to +discharge it. That shot, sir, which he thus kindly informed us was +coming, that we might stand out of the way, or prepare ourselves to fall +by it and die with decency, has now been received. Under all advantages, +and with expectation awakened by the tone which preceded it, it has been +discharged, and has spent its force. It may become me to say no more of +its effect, than that, if nobody is found, after all, either killed or +wounded, it is not the first time in the history of human affairs, that +the vigor and success of the war have not quite come up to the lofty and +sounding phrase of the manifesto. + +The gentleman, sir, in declining to postpone the debate, told the +Senate, with the emphasis of his hand upon his heart, that there was +something rankling here, which he wished to relieve. (Mr. Hayne rose, +and disclaimed having used the word rankling.) It would not, Mr. +President, be safe for the honorable member to appeal to those around +him, upon the question whether he did in fact make use of that word. But +he may have been unconscious of it. At any rate, it is enough that he +disclaims it. But still, with or without the use of that particular +word, he had yet something here, he said, of which he wished to rid +himself by an immediate reply. In this respect, sir, I have a great +advantage over the honorable gentleman. There is nothing here, sir, +which gives me the slightest uneasiness; neither fear, nor anger, nor +that which is sometimes more troublesome than either, the consciousness +of having been in the wrong. There is nothing, either originating here, +or now received here by the gentleman's shot. Nothing originating here, +for I had not the slightest feeling of unkindness toward the honorable +member. Some passages, it is true, had occurred since our acquaintance +in this body, which I could have wished might have been otherwise; but I +had used philosophy and forgotten them. I paid the honorable member the +attention of listening with respect to his first speech; and when he sat +down, though surprised, and I must even say astonished, at some of his +opinions, nothing was farther from my intention than to commence any +personal warfare. Through the whole of the few remarks I made in answer, +I avoided, studiously and carefully, every thing which I thought +possible to be construed into disrespect. And, Sir, while there is thus +nothing originating here which I have wished at any time, or now wish, +to discharge, I must repeat, also, that nothing has been received here +which rankles, or in any way gives me annoyance. I will not accuse the +honorable member of violating the rules of civilized war; I will not say +that he poisoned his arrows. But whether his shafts were, or were not, +dipped in that which would have caused rankling if they had reached +their destination, there was not, as it happened, quite strength enough +in the bow to bring them to their mark. If he wishes now to gather up +those shafts, he must look for them elsewhere; they will not be found +fixed and quivering in the object at which they were aimed. + +The honorable member complained that I slept on his speech. I must have +slept on it, or not slept at all. The moment the honorable member sat +down, his friend from Missouri rose, and, with much honeyed commendation +of the speech, suggested that the impressions which it had produced were +too charming and delightful to be disturbed by other sentiments or other +sounds, and proposed that the Senate should adjourn. Would it have been +quite amiable in me, Sir, to interrupt this excellent good feeling? Must +I not have been absolutely malicious, if I could have thrust myself +forward, to destroy sensations thus pleasing? Was it not much better and +kinder, both to sleep upon them myself, and to allow others also the +pleasure of sleeping upon them? But if it be meant, by sleeping upon his +speech, that I took time to prepare a reply to it, it is quite a +mistake. Owing to other engagements, I could not employ even the +interval between the adjournment of the Senate and its meeting the next +morning, in attention to the subject of this debate. Nevertheless, Sir, +the mere matter of fact is undoubtedly true. I did sleep on the +gentleman's speech, and slept soundly. And I slept equally well on his +speech of yesterday, to which I am now replying. It is quite possible +that in this respect, also, I possess some advantage over the honorable +member, attributable, doubtless, to a cooler temperament on my part; +for, in truth, I slept upon his speeches remarkably well. + +But the gentleman inquires why HE was made the object of such a reply. +Why was he singled out? If an attack has been made on the East, he, he +assures us, did not begin it; it was made by the gentleman from +Missouri. Sir, I answered the gentleman's speech because I happened to +hear it; and because, also, I choose to give an answer to that speech, +which, if unanswered, I thought most likely to produce injurious +impressions. I did not stop to inquire who was the original drawer of +the bill. I found a responsible indorser before me, and it was my +purpose to hold him liable, and to bring him to his just responsibility +without delay. But, sir, this interrogatory of the honorable member was +only introductory to another. He proceeded to ask me whether I had +turned upon him in this debate, from the consciousness that I should +find an overmatch, if I ventured on a contest with his friend from +Missouri. If, sir, the honorable member, _modestiae gratia_, had chosen +thus to defer to his friend, and to pay him compliments, without +intentional disparagement to others, it would have been quite according +to the friendly courtesies of debate, and not at all ungrateful to my +own feelings. I am not one of those, sir, who esteem any tribute of +regard, whether light and occasional, or more serious and deliberate, +which may be bestowed on others, as so much unjustly withholden from +themselves. But the tone and the manner of the gentleman's question +forbid me thus to interpret it. I am not at liberty to consider it as +nothing more than a civility to his friend. It had an air of taunt and +disparagement, something of the loftiness of asserted superiority, which +does not allow me to pass it over without notice. It was put as a +question for me to answer, and so put as if it were difficult for me to +answer whether I deemed the member from Missouri an overmatch for myself +in debate here. It seems to me, sir, that this is extraordinary +language, and an extraordinary tone, for the discussions of this body. + +Matches and overmatches! Those terms are more applicable elsewhere than +here, and fitter for other assemblies than this. Sir, the gentleman +seems to forget where and what we are. This is a Senate, a Senate of +equals, of men of individual honor and personal character, and of +absolute independence. We know no masters, we acknowledge no dictators. +This is a hall for mutual consultation and discussion; not an arena for +the exhibition of champions. I offer myself, sir, as a match for no man; +I throw the challenge of debate at no man's feet. But then, sir, since +the honorable member has put the question in a manner that calls for an +answer, I will give him an answer; and I tell him, that, holding myself +to be the humblest of the members here, I yet know nothing in the arm of +his friend from Missouri, either alone or when aided by the arm of his +friend from South Carolina, that need deter even me from espousing +whatever opinions I may choose to espouse, from debating whenever I may +choose to debate, or from speaking whatever I may see fit to say, on the +floor of the Senate. Sir, when uttered as matter of commendation or +compliment, I should dissent from nothing which the honorable member +might say of his friend. Still less do I put forth any pretensions of my +own. But when put to me as a matter of taunt, I throw it back, and say +to the gentleman, that he could possibly say nothing less likely than +such a comparison to wound my pride of personal character. The anger of +its tone rescued the remark from intentional irony, which otherwise, +probably, would have been its general acceptation. But, sir, if it be +imagined by this mutual quotation and commendation; if it be supposed +that, by casting the characters of the drama, assigning to each his +part, to one the attack, to another the cry of onset; or if it be +thought that, by a loud and empty vaunt of anticipated victory, any +laurels are to be won here; if it be imagined, especially, that any, or +all of these things will shake any purpose of mine, I can tell the +honorable member, once for all, that he is greatly mistaken, and that he +is dealing with one of whose temper and character he has yet much to +learn. Sir, I shall not allow myself, on this occasion, I hope on no +occasion, to be betrayed into any loss of temper; but if provoked, as I +trust I never shall be, into crimination and recrimination, the +honorable member may, perhaps, find that in that contest, there will be +blows to take as well as blows to give; that others can state +comparisons as significant, at least, as his own, and that his impunity +may possibly demand of him whatever powers of taunt and sarcasm he may +possess. I commend him to a prudent husbandry of his resources. + +On yet another point, I was still more unaccountably misunderstood. The +gentlemen had harangued against "consolidation." I told him, in reply, +that there was one kind of consolidation to which I was attached, and +that was the consolidation of our Union; that this was precisely that +consolidation to which I feared others were not attached, and that such +consolidation was the very end of the Constitution, the leading object, +as they had informed us themselves, which its framers had kept in view. +I turned to their communication, and read their very words, "the +consolidation of the Union," and expressed my devotion to this sort of +consolidation. I said, in terms, that I wished not in the slightest +degree to augment the powers of this government; that my object was to +preserve, not to enlarge; and that by consolidating the Union I +understood no more than the strengthening of the Union, and perpetuating +it. Having been thus explicit, having thus read from the printed book +the precise words which I adopted, as expressing my own sentiments, it +passes comprehension how any man could understand me as contending for +an extension of the powers of the government, or for consolidation in +that odious sense in which it means an accumulation, in the Federal +Government, of the powers properly belonging to the States. + +I repeat, sir, that, in adopting the sentiments of the framers of the +Constitution, I read their language audibly, and word for word; and I +pointed out the distinction, just as fully as I have now done, between +the consolidation of the Union and that other obnoxious consolidation +which I disclaim. And yet the honorable member misunderstood me. The +gentleman had said that he wished for no fixed revenue,--not a shilling. +If by a word he could convert the Capitol into gold, he would not do it. +Why all this fear of revenue? Why, sir, because, as the gentleman told +us, it tends to consolidation. Now this can mean neither more nor less +than that a common revenue is a common interest, and that all common +interests tend to preserve the union of the States. I confess I like +that tendency; if the gentleman dislikes it, he is right in deprecating +a shilling of fixed revenue. So much, sir, for consolidation. * * * + +Professing to be provoked by what he chose to consider a charge made by +me against South Carolina, the honorable member, Mr. President, has +taken up a crusade against New England. Leaving altogether the subject +of the public lands, in which his success, perhaps, had been neither +distinguished nor satisfactory, and letting go, also, of the topic of +the tariff, he sallied forth in a general assault on the opinions, +politics, and parties of New England, as they have been exhibited in the +last thirty years. + +New England has, at times, so argues the gentleman, held opinions as +dangerous as those which he now holds. Suppose this were so; how should +he therefore abuse New England? If he find himself countenanced by acts +of hers, how is it that, while he relies on these acts, he covers, or +seeks to cover, their authors with reproach? But, sir, if in the course +of forty years, there have been undue effervescences of party in New +England, has the same thing happened nowhere else? Party animosity and +party outrage, not in New England, but elsewhere, denounced President +Washington, not only as a Federalist, but as a Tory, a British agent, a +man who in his high office sanctioned corruption. But does the honorable +member suppose, if I had a tender here who should put such an effusion +of wickedness and folly into my hand, that I would stand up and read it +against the South? Parties ran into great heats again in 1799 and 1800. +What was said, sir, or rather what was not said, in those years, against +John Adams, one of the committee that drafted the Declaration of +Independence, and its admitted ablest defender on the floor of Congress? +If the gentleman wishes to increase his stores of party abuse and frothy +violence, if he has a determined proclivity to such pursuits, there are +treasures of that sort south of the Potomac, much to his taste, yet +untouched. I shall not touch them. * * * The gentleman's purveyors have +only catered for him among the productions of one side. I certainly +shall not supply the deficiency by furnishing him samples of the other. +I leave to him, and to them, the whole concern. It is enough for me to +say, that if, in any part of their grateful occupation, if, in all their +researches, they find any thing in the history of Massachusetts, or of +New England, or in the proceedings of any legislative or other public +body, disloyal to the Union, speaking slightingly of its value, +proposing to break it up, or recommending non-intercourse with +neighboring States, on account of difference in political opinion, then, +sir, I give them all up to the honorable gentleman's unrestrained +rebuke; expecting, however, that he will extend his buffetings in like +manner, to all similar proceedings, wherever else found. * * * + +Mr. President, in carrying his warfare, such as it is, into New England, +the honorable gentleman all along professes to be acting on the +defensive. He chooses to consider me as having assailed South Carolina, +and insists that he comes forth only as her champion, and in her +defence. Sir, I do not admit that I made any attack whatever on South +Carolina. Nothing like it. The honorable member, in his first speech, +expressed opinions, in regard to revenue and some other topics, which I +heard with both pain and surprise. I told the gentleman I was aware that +such sentiments were entertained out of the Government, but had not +expected to find them advanced in it; that I knew there were persons in +the South who speak of our Union with indifference or doubt, taking +pains to magnify its evils, and to say nothing of its benefits; that the +honorable member himself, I was sure, could never be one of these; and I +regretted the expression of such opinions as he had avowed, because I +thought their obvious tendency was to encourage feelings of disrespect +to the Union, and to impair its strength. This, sir, is the sum and +substance of all I said on the abject. And this constitutes the attack +which called on the chivalry of the gentleman, in his own opinion, to +harry us with such a foray among the party pamphlets and party +proceedings in Massachusetts! If he means that I spoke with +dissatisfaction or disrespect of the ebullitions of individuals in South +Carolina, it is true. But if he means that I assailed the character of +the State, her honor, or patriotism, that I reflected on her history or +her conduct, he has not the slightest grounds for any such assumption. * +* * I shall not acknowledge that the honorable member goes before me in +regard for whatever of distinguished talent or distinguished character +South Carolina has produced. I claim part of the honor, I partake in the +pride of her great names. I claim them for my countrymen, one and all, +the Laurenses, the Rutledges, the Pinckneys, the Sumpters, the +Marions,--Americans all, whose fame is no more to be hemmed in by State +lines than their talents and patriotism were capable of being +circumscribed within the same narrow limits. In their day and generation +they served and honored the country, and the whole country; and their +renown is of the treasures of the whole country. Him whose honored name +the gentleman himself bears--does he esteem me less capable of gratitude +for his patriotism, or sympathy for his sufferings, than if his eyes had +first opened upon the light of Massachusetts, instead of South Carolina? +Sir, does he suppose it in his power to exhibit a Carolina name so +bright as to produce envy in my bosom? No, sir; increased gratification +and delight, rather. I thank God that, if I am gifted with little of the +spirit which is able to raise mortals to the skies, I have yet none, as +I trust, of that other spirit which would drag angels down. When I shall +be found, sir, in my place here in the Senate, or elsewhere, to sneer at +public merit, because it happens to spring up beyond the little limits +of my own State or neighborhood; when I refuse, for any such cause, or +for any cause, the homage due to American talent, to elevated +patriotism, to sincere devotion to liberty and the country; or, if I see +an uncommon endowment of Heaven, if I see extraordinary capacity and +virtue, in any son of the South; and if, moved by local prejudices or +gangrened by State jealousy, I get up here to abate the tithe of a hair +from his just character and just fame, may my tongue cleave to the roof +of my mouth! + +Sir, let me recur to pleasing recollections; let me indulge in +refreshing remembrances of the past; let me remind you that, in early +times, no States cherished greater harmony, both of principle and +feeling, than Massachusetts and South Carolina. Would to God that +harmony might again return! Shoulder to shoulder they went through the +Revolution, hand in hand they stood round the administration of +Washington, and felt his own great arm lean on them for support. Unkind +feeling, if it exist, alienation, and distrust, are the growth, +unnatural to such soils, of false principles since sown. They are weeds, +the seeds of which that same great arm never scattered. + +Mr. President, I shall enter upon no encomium of Massachusetts; she +needs none. There she is. Behold her, and judge for yourselves. There is +her history; the world knows it by heart. The past, at least, is secure. +There is Boston, and Concord, and Lexington, and Bunker Hill; and there +they will remain for ever. The bones of her sons, falling in the great +struggle for Independence, now lie mingled with the soil of every State +from New England to Georgia, and there they will lie forever. And, sir, +where American Liberty raised its first voice, and where its youth was +nurtured and sustained, there it still lives, in the strength of its +manhood, and full of its original spirit. If discord and disunion shall +wound it, if party strife and blind ambition shall hawk and tear it, if +folly and madness, if uneasiness under salutary and necessary restraint +shall succeed in separating it from that Union, by which alone its +existence is made sure, it will stand, in the end, by the side of that +cradle in which its infancy was rocked; it will stretch forth its arm +with whatever of vigor it may still retain, over the friends who gather +round it; and it will fall at last, if fall it must, amidst the +profoundest monuments of its own glory, and on the very spot of its +origin. + +There yet remains to be performed, Mr. President, by far the most grave +and important duty which I feel to be devolved upon me by this occasion. +It is to state, and to defend, what I conceive to be the true principles +of the Constitution under which we are here assembled. I might well have +desired that so weighty a task should have fallen into other and abler +hands. I could have wished that it should have been executed by those +whose character and experience give weight and influence to their +opinions, such as cannot possibly belong to mine. But, sir, I have met +the occasion, not sought it; and I shall proceed to state my own +sentiments, without challenging for them any particular regard, with +studied plainness, and as much precision as possible. + +I understand the honorable gentleman from South Carolina to maintain +that it is a right of the State Legislatures to interfere whenever, in +their judgment, this government transcends its constitutional limits, +and to arrest the operation of its laws. + +I understand him to maintain this right, as a right existing under the +Constitution, not as a right to overthrow it on the ground of extreme +necessity, such as would justify violent revolution. + +I understand him to maintain an authority on the part of the States, +thus to interfere, for the purpose of correcting the exercise of power +by the General Government, of checking it and of compelling it to +conform to their opinion of the extent of its powers. + +I understand him to maintain, that the ultimate power of judging of the +constitutional extent of its own authority is not lodged exclusively in +the General Government, or any branch of it; but that, on the contrary, +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 power. + +I understand him to insist, that, if the exigencies 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. + +This is the sum of what I understand from him to be the South Carolina +doctrine, and the doctrine which he maintains. I propose to consider it, +and compare it with the Constitution. Allow me to say, as a preliminary +remark, that I call this the South Carolina doctrine only because the +gentleman himself has so denominated it. I do not feel at liberty to say +that South Carolina, as a State, has ever advanced these sentiments. I +hope she has not, and never may. That a great majority of her people are +opposed to the tariff laws, is doubtless true. That a majority, somewhat +less than that just mentioned, conscientiously believe these laws +unconstitutional, may probably also be true. But that any majority holds +to the right of direct State interference at State discretion, the right +of nullifying acts of Congress by acts of State legislation, is more +than I know, and what I shall be slow to believe. + +That there are individuals besides the honorable gentleman who do +maintain these opinions, is quite certain. I recollect the recent +expression of a sentiment, which circumstances attending its utterance +and publication justify us in supposing was not unpremeditated. "The +sovereignty of the State,--never to be controlled, construed, or decided +on, but by her own feelings of honorable justice." + +[Mr. HAYNE here rose and said, that, for the purpose of being clearly +understood, he would state that his proposition was in the words of the +Virginia resolution 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 that 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." + +Mr. WEBSTER resumed:] + +I am quite aware, Mr. President, of the existence of the resolution +which the gentleman read, and has now repeated, and that he relies on it +as his authority. I know the source, too, from which it is understood to +have proceeded. I need not say that I have much respect for the +constitutional opinions of Mr. Madison; they would weigh greatly with me +always. But before the authority of his opinion be vouched for the +gentleman's proposition, it will be proper to consider what is the fair +interpretation of that resolution, to which Mr. Madison is understood to +have given his sanction. As the gentleman construes it, it is an +authority for him. Possibly, he may not have adopted the right +construction. That resolution declares, that, in the case of the +dangerous exercise of powers not granted by the General Government, the +States may interpose to arrest the progress of the evil. But how +interpose, and what does this declaration purport? Does it mean no more +than that there may be extreme cases, in which the people, in any mode +of assembling, may resist usurpation, and relieve themselves from a +tyrannical government? No one will deny this. Such resistance is not +only acknowledged to be just in America, but in England also. Blackstone +admits as much, in the theory, and practice, too, of the English +Constitution. We, sir, who oppose the Carolina doctrine, do not deny +that the people may, if they choose, throw off any government when it +becomes oppressive and intolerable, and erect a better in its stead. We +all know that civil institutions are established for the public benefit, +and that when they cease to answer the ends of their existence they may +be changed. But I do not understand the doctrine now contended for to be +that, which, for the sake of distinction, we may call the right of +revolution. I understand the gentleman to maintain, that, without +revolution, without civil commotion, without rebellion, a remedy for +supposed abuse and transgression of the powers of the General Government +lies in a direct appeal to the interference of the State governments. + +[Mr. HAYNE here arose and said: He did not contend for the mere right of +revolution, but for the right of constitutional resistance. What he +maintained was, that in a case of plain, palpable violation of the +Constitution by the General Government, a State may interpose; and that +this interposition is constitutional. + +Mr. WEBSTER resumed:] + +So, sir, I understood the gentleman, and am happy to find that I did not +misunderstand him. What he contends for is, that it is constitutional to +interrupt the administration of the Constitution itself, in the hands of +those who are chosen and sworn to administer it, by the direct +interference, in form of law, of the States, in virtue of their +sovereign capacity. The inherent right in the people to reform their +government I do not deny; and they have another right, and that is, to +resist unconstitutional laws, without overturning the government. It is +no doctrine of mine that unconstitutional laws bind the people. The +great question is, Whose prerogative is it to decide on the +constitutionality or unconstitutionality of the laws? On that, the main +debate hinges. The proposition, that, in case of a supposed violation of +the Constitution by Congress, the States have a constitutional right to +interfere and annul the law of Congress is the proposition of the +gentleman. I do not admit it. If the gentleman had intended no more than +to assert the right of revolution for justifiable cause, he would have +said only what all agree to. But I cannot conceive that there can be a +middle course, between submission to the laws, when regularly pronounced +constitutional, on the one hand, and open resistance, which is +revolution or rebellion, on the other. I say, the right of a State to +annul a law of Congress cannot be maintained, but on the ground of the +inalienable right of man to resist oppression; that is to say, upon the +ground of revolution. I admit that there is an ultimate violent remedy, +above the Constitution and in defiance of the Constitution, which may be +resorted to when a revolution is to be justified. But I do not admit, +that, under the Constitution and in conformity with it, there is any +mode in which a State government, as a member of the Union, can +interfere and stop the progress of the General Government, by force of +her own laws, under any circumstances whatever. + +This leads us to inquire into the origin of this government and the +source of its power. Whose agent is it? Is it the creature of the State +Legislatures, or the creature of the people? If the Government of the +United States be the agent of the State governments, then they may +control it, provided they can agree in the manner of controlling it; if +it be the agent of the people, then the people alone can control it, +restrain it, modify, or reform it. It is observable enough, that the +doctrine for which the honorable gentleman contends leads him to the +necessity of maintaining, not only that this General Government is the +creature of the States, but that it is the creature of each of the +States, severally, so that each may assert the power for itself of +determining whether it acts within the limits of its authority. It is +the servant of four-and-twenty masters, of different wills and different +purposes, and yet bound to obey all. This absurdity (for it seems no +less) arises from a misconception as to the origin of this government +and its true character. It is, sir, the people's Constitution, the +people's government, made for the people, made by the people, and +answerable to the people. The people of the United States have declared +that this Constitution shall be supreme law. We must either admit the +proposition, or deny their authority. The States are, unquestionably, +sovereign, so far as their sovereignty is not affected by this supreme +law. But the State Legislatures, as political bodies, however sovereign, +are yet not sovereign over the people. So far as the people have given +power to the General Government, so far the grant is unquestionably +good, and the Government holds of the people, and not of the State +governments. We are all agents of the same supreme power, the people. +The General Government and the State governments derive their authority +from the same source. Neither can, in relation to the other, be called +primary, though one is definite and restricted, and the other general +and residuary. The National Government possesses those powers which it +can be shown the people have conferred on it, and no more. All the rest +belongs to the State governments, or to the people themselves. So far as +the people have restrained State sovereignty by the expression of their +will, in the Constitution of the United States, so far, it must be +admitted, State sovereignty is effectually controlled. I do not contend +that it is, or ought to be, controlled farther. The sentiment to which I +have referred propounds that State sovereignty is only to be controlled +by its own "feeling of justice"--that is to say, it is not to be +controlled at all, for one who is to follow his own feelings is under no +legal control. Now, however men may think this ought to be, the fact is +that the people of the United States have chosen to impose control on +State sovereignties. There are those, doubtless, who wish they had been +left without restraint; but the Constitution has ordered the matter +differently. To make war, for instance, is an exercise of sovereignty; +but the Constitution declares that no State shall make war. To coin +money is another exercise of sovereign power; but no State is at liberty +to coin money. Again, the Constitution says that no sovereign State +shall be so sovereign as to make a treaty. These prohibitions, it must +be confessed, are a control on the State sovereignty of South Carolina, +as well as of the other States, which does not arise "from her own +feelings of honorable justice." The opinion referred to, therefore, is +in defiance of the plainest provisions of the Constitution. + +There are other proceedings of public bodies which have already been +alluded to, and to which I refer again, for the purpose of ascertaining +more fully what is the length and breadth of that doctrine denominated +the Carolina doctrine, which the honorable member has now stood up on +this floor to maintain. In one of them I find it resolved, that "the +tariff of 1828, and every other tariff designed to promote one branch of +industry at the expense of others, is contrary to the meaning and +intention of the federal compact, and such a dangerous, palpable, and +deliberate usurpation of power, by a determined majority, wielding the +General Government beyond the limits of its delegated powers, as calls +upon the States which compose the suffering minority, in their sovereign +capacity, to exercise the powers which, as sovereigns, necessarily +devolve upon them when their contract is violated." + +Observe, sir, that this resolution holds the tariff of 1828, and every +other tariff designed to promote one branch of industry at the expense +of another, to be such a dangerous, palpable, and deliberate usurpation +of power, as calls upon the States, in their sovereign capacity, to +interfere by their own authority. This denunciation, Mr. President, you +will please to observe, includes our old tariff of 1816, as well as all +others; because that was established to promote the interest of the +manufacturers of cotton, to the manifest and admitted injury of the +Calcutta cotton trade. Observe, again, that all the qualifications are +here rehearsed and charged upon the tariff, which are necessary to bring +the case within the gentleman's proposition. The tariff is a usurpation; +it is a dangerous usurpation; it is a palpable usurpation; it is a +deliberate usurpation. It is such a usurpation, therefore, as calls upon +the States to exercise their right of interference. Here is a case, +then, within the gentleman's principles, and all his qualifications of +his principles. It is a case for action. The Constitution is plainly, +dangerously, palpably, and deliberately violated; and the States must +interpose their own authority to arrest the law. Let us suppose the +State of South Carolina to express the same opinion, by the voice of her +Legislature. That would be very imposing; but what then? It so happens +that, at the very moment, when South Carolina resolves that the tariff +laws are unconstitutional, Pennsylvania and Kentucky resolve exactly the +reverse. They hold those laws to be both highly proper and strictly +constitutional. And now, sir, how does the honorable member propose to +deal with this case? How does he relieve us from this difficulty upon +any principle of his? His construction gets us into it; how does he +propose to get us out? + +In Carolina the tariff is a palpable, deliberate usurpation; Carolina, +therefore, may nullify it, and refuse to pay the duties. In Pennsylvania +it is both clearly constitutional and highly expedient; and there the +duties are to be paid. And yet we live under a government of uniform +laws, and under a constitution, too, which contains an express +provision, as it happens, that all duties shall be equal in all States. +Does not this approach absurdity? + +If there be no power to settle such questions, independent of either of +the States, is not the whole Union a rope of sand? Are we not thrown +back again precisely upon the old Confederation? + +It is too plain to be argued. Four-and-twenty interpreters of +constitutional law, each with a power to decide for itself, and none +with authority to bind any body else, and this constitutional law the +only bond of their union! What is such a state of things but a mere +connection during pleasure, or to use the phraseology of the times, +during feeling? And that feeling, too, not the feeling of the people, +who established the Constitution, but the feeling of the State +governments. + +In another of the South Carolina addresses, having premised that the +crisis requires "all the concentrated energy of passion," an attitude of +open resistance to the laws of the Union is advised. Open resistance to +the laws, then, is the constitutional remedy, the conservative power of +the State, which the South Carolina doctrines teach for the redress of +political evils, real or imaginary. And its authors further say, that, +appealing with confidence to the Constitution itself, to justify their +opinions, they cannot consent to try their accuracy by the courts of +justice. In one sense, indeed, sir, this is assuming an attitude of open +resistance in favor of liberty. But what sort of liberty? The liberty of +establishing their own opinions, in defiance of the opinions of all +others; the liberty of judging and deciding exclusively themselves, in a +matter in which others have as much right to judge and decide as they; +the liberty of placing their own opinion above the judgment of all +others, above the laws, and above the Constitution. This is their +liberty, and this is the fair result of the proposition contended for by +the honorable gentleman. Or, it may be more properly said, it is +identical with it, rather than a result from it. * * * + +Sir, the human mind is so constituted, that the merits of both sides of +a controversy appear very clear, and very palpable, to those who +respectively espouse them; and both sides usually grow clearer as the +controversy advances. South Carolina sees unconstitutionality in the +tariff; she sees oppression there also, and she sees danger. +Pennsylvania, with a vision not less sharp, looks at the same tariff, +and sees no such thing in it; she sees it all constitutional, all +useful, all safe. The faith of South Carolina is strengthened by +opposition, and she now not only sees, but resolves, that the tariff is +palpably unconstitutional, oppressive, and dangerous; but Pennsylvania, +not to be behind her neighbors, and equally willing to strengthen her +own faith by a confident asseveration resolves, also, and gives to every +warm affirmative of South Carolina, a plain, downright, Pennsylvania +negative. South Carolina, to show the strength and unity of her opinion, +brings her assembly to a unanimity, within seven voices; Pennsylvania, +not to be outdone in this respect any more than in others, reduces her +dissentient fraction to a single vote. Now, sir, again, I ask the +gentleman, What is to be done? Are these States both right? Is he bound +to consider them both right? If not, which is in the wrong? or, rather, +which has the best right to decide? And if he, and if I, are not to know +what the Constitution means, and what it is, till those two State +legislatures, and the twenty-two others, shall agree in its +construction, what have we sworn to, when we have sworn to maintain it? +I was forcibly struck, sir, with one reflection, as the gentleman went +on in his speech. He quoted Mr. Madison's resolutions, to prove that a +State may interfere, in a case of deliberate, palpable, and dangerous +exercise of a power not granted. The honorable member supposes the +tariff law to be such an exercise of power; and that consequently a case +has arisen in which the State may, if it see fit, interfere by its own +law. Now it so happens, nevertheless, that Mr. Madison 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 authority in a hypothetical case, they reject it in the +very case before them. All this, sir, shows the inherent futility, I had +almost used a stronger word, of conceding this power of interference to +the State, and then attempting to secure it from abuse by imposing +qualifications of which the States themselves are to judge. One of two +things is true; either the laws of the Union are beyond the discretion +and beyond the control of the States; or else we have no constitution of +general government, and are thrust back again to the days of the +Confederation. * * * + +I must now beg to ask, sir, whence is this supposed right of the States +derived? Where do they find the power to interfere with the laws of the +Union? Sir, the opinion which the honorable gentleman maintains, is a +notion founded in a total misapprehension, in my judgment, of the origin +of this government, and of the foundation on which it stands. I hold it +to be a popular government, erected by the people; those who administer +it, responsible to the people; and itself capable of being amended and +modified, just as the people may choose it should be. It is as popular, +just as truly emanating from the people, as the State governments. It is +created for one purpose; the State governments for another. It has its +own powers; they have theirs. There is no more authority with them to +arrest the operation of a law of Congress, than with Congress to arrest +the operation of their laws. We are here to administer a constitution +emanating immediately from the people, and trusted by them to our +administration. It is not the creature of the State governments. + +This government, sir, is the independent off-spring of the popular will. +It is not the creature of State legislatures; nay, more, if the whole +truth must be told, the people brought it into existence, 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 contract alliances; they cannot +make, each for itself, separate regulations of commerce; they cannot lay +imposts; 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, then, sir, erected this government. They gave it a +constitution, and in that constitution they have enumerated the powers +which they bestow on it. They have made it a limited government. They +have defined its authority. They have restrained it to the exercise of +such powers as are granted; and all others, they declare, are reserved +to the States, or the people. But, sir, they have not stopped here. If +they had, they would have accomplished but half their work. No +definition can be so clear as to avoid the possibility of doubt; no +limitation so precise, as to exclude all uncertainty. Who, then, shall +construe this grant of the people? Who shall interpret their will, where +it may be supposed they have left it doubtful? With whom do they repose +this ultimate right of deciding on the powers of the government? Sir, +they have settled all this in the fullest manner. They have left it with +the government itself, in its appropriate branches. Sir, the very chief +end, the main design, for which the whole Constitution was framed and +adopted, was to establish a government that should not be obliged to act +through State agency, or depend on State opinion or State discretion. +The people had had quite enough of that kind of government under the +Confederation. Under that system, the legal action, the application of +law to individuals, belonged exclusively to the States. Congress could +only recommend; their acts were not of binding force, till the States +had adopted and sanctioned them. Are we in that condition still? Are we +yet at the mercy of State discretion and State construction? Sir, if we +are, then vain will be our attempt to maintain the Constitution under +which we sit. + +But, sir, the people have wisely provided, in the Constitution itself, a +proper, suitable mode and tribunal for settling questions of +constitutional law. There are in the Constitution grants of powers to +Congress, and restrictions on these powers. There are also prohibitions +on the States. Some authority must, therefore, necessarily exist, having +the ultimate jurisdiction to fix and ascertain the interpretation of +these grants, restrictions, and prohibitions. The Constitution has +itself pointed out, ordained, and established that authority. How has it +accomplished this great and essential end? By declaring, sir, that "the +Constitution and the laws of the United States made in pursuance +thereof, shall be the supreme law of the land, any thing in the +Constitution or laws of any State to the contrary notwithstanding." + +This, sir, was the first great step. By this the supremacy of the +Constitution and the laws of the United States is declared. The people +so will it. No State law is to be valid which comes in conflict with the +Constitution, or any law of the United States passed in pursuance of it. +But who shall decide this question of interference? To whom lies the +last appeal? This, sir, the Constitution itself decides also, by +declaring, "that the judicial power shall extend to all cases arising +under the Constitution and laws of the United States." These two +provisions cover the whole ground. They are, in truth, the keystone of +the arch! With these it is a government, without them a confederation. +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 effect, and for bringing all questions of +constitutional power to the final decision of the Supreme Court. It +then, sir, became a government. It then had the means of +self-protection; and but for this, it would, in all probability, have +been now among things which are past. Having constituted the Government, +and declared its powers, the people have further said, that, since +somebody must decide on the extent of these powers, the Government shall +itself decide; subject, always, like other popular governments, to its +responsibility to the people. And now, sir, I repeat, how is it that a +State legislature acquires any power to interfere? Who, or what gives +them the right to say to the people: "We, who are your agents and +servants for one purpose, will undertake to decide, that your other +agents and servants, appointed by you for another purpose, have +transcended the authority you gave them!" The reply would be, I think, +not impertinent: "Who made you a judge over another's servants? To their +own masters they stand or fall." + +Sir, I deny this power of State legislatures altogether. It cannot stand +the test of examination. Gentlemen may say, that, in an extreme case, a +State government may protect the people from intolerable oppression. +Sir, in such a case the people might protect themselves without the aid +of the State governments. Such a case warrants revolution. It must make, +when it comes, a law for itself. A nullifying act of a State legislature +cannot alter the case, nor make resistance any more lawful. In +maintaining these sentiments, sir, I am but asserting the rights of the +people. I state what they have declared, and insist on their right to +declare it. + +They have chosen to repose this power in the General Government, and I +think it my duty to support it like other constitutional powers. + +For myself, sir, I do not admit the competency of South Carolina or any +other State to prescribe my constitutional duty; or to settle, between +me and the people the validity of laws of Congress for which I have +voted. I decline her umpirage. I have not sworn to support the +Constitution according to her construction of the clauses. I have not +stipulated by my oath of office or otherwise, to come under any +responsibility, except to the people, and those whom they have appointed +to pass upon the question, whether laws, supported by my votes, conform +to the Constitution of the country. And, sir, if we look to the general +nature of the case, could any thing have been more preposterous than to +make a government for the whole Union, and yet leave its powers subject, +not to one interpretation, but to thirteen or twenty-four +interpretations? Instead of one tribunal, established by all, +responsible to all, with power to decide for all, shall constitutional +questions be left to four-and-twenty popular bodies, each at liberty to +decide for itself, and none bound to respect the decisions of others; +and each at liberty, too, to give a new constitution on every new +election of its own members? Would any thing, with such a principle in +it, or rather with such a destitution of all principle be fit to be +called a government? No, sir. It should not be denominated a +constitution. It should be called, rather, a collection of topics for +everlasting controversy; heads of debate for a disputatious people. It +would not be a government. It would not be adequate to any practical +good, or fit for any country to live under. + +To avoid all possibility of being misunderstood, 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 enumerated, specified, and particularized +powers; and that whatsoever is not granted is withheld. But +notwithstanding all this, and however the grant of powers may be +expressed, its limit and extent may yet, in some cases, admit of doubt; +and the General Government would be good for nothing, it would be +incapable of long existing, if some mode had not been provided 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 application. Let us look at his probable +_modus operandi_. If a thing can be done, an ingenious man can tell how +it is to be done, and I wish to be informed how this State interference +is to be put in practice, without violence, bloodshed, and rebellion. 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 laws, null and void, +so far as they respect South Carolina, or the citizens thereof. So far, +all is a paper transaction, and easy enough. But the collector at +Charleston is collecting the duties imposed by these tariff laws. He, +therefore, must be stopped. The collector will seize the goods if the +tariff duties are not paid. The State authorities will undertake their +rescue, the marshal, with his posse, will come to the collector's aid, +and here the contest begins. The militia of the State will be called out +to sustain the nullifying act. They will march, sir, under a very +gallant leader; for I believe the honorable member himself commands the +militia of that part of the State. He will raise the NULLIFYING ACT on +his standard, and spread it out as his banner! It will have a preamble, +setting forth, that the tariff laws are palpable, deliberate, and +dangerous violations of the Constitution! He will proceed, with this +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 collector that he must +collect no more duties under any of the tariff laws. This he will be +somewhat puzzled to say, by the way, with a grave countenance, +considering what hand South Carolina herself had in that of 1816. But, +sir, the collector would not, probably, desist at his bidding. He would +show him the law of Congress, the treasury instruction, and his own oath +of office. He would say, he should perform his duty, come what come +might. + +Here would ensue a pause; for they say that a certain stillness precedes +the tempest. The trumpeter would hold his breath awhile, and before all +this military array should fall on the custom-house, collector, clerks, +and all, it is very probable some of those composing it would request of +their gallant commander-in-chief to be informed upon a little 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 he has read +Blackstone and the Constitution, as well as Turenne and Vauban. They +would ask him, therefore, somewhat concerning their rights in this +matter. They would inquire whether it was not somewhat dangerous to +resist 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 United States, and it +should turn out, after all, that the law was constitutional? He would +answer, of course, treason. No lawyer could give any other answer. John +Fries, he would tell them, had learned that some years ago. "How, then," +they would ask, "do you propose to defend us? We are not afraid of +bullets, but treason has a way of taking people off that we do not much +relish. How do you propose to defend us?" "Look at my floating banner," +he would reply; "see there the nullifying law!" + +"Is it your opinion, gallant commander," they would then say, "that, if +we should be indicted for treason, that same floating banner of yours +would make a good plea in bar?" "South Carolina is a sovereign State," +he would reply. "That is true; but would the judge admit our plea?" +"These tariff laws," he would repeat, "are unconstitutional, palpably, +deliberately, dangerously." "That may all be so; but if the tribunal +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 the ground! After all, that is a sort of hemp tax +worse than any part of the tariff." + +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 bayonets"; and this is war--civil war. + +Direct collision, therefore, between force and force, is the unavoidable +result of that remedy for the revision of unconstitutional laws which +the gentleman contends for. It must happen in the very first case to +which it is applied. Is not this the plain result? To resist by force +the execution of a law, generally, is treason. Can the courts of the +United States take notice of the indulgence of a State to commit +treason? The common saying, that a State cannot commit treason herself, +is nothing to the purpose. Can she authorize others to do it? If John +Fries had produced an act of Pennsylvania, annulling the law of +Congress, would it have helped his case? Talk about it as we will, these +doctrines go the length of revolution. They are incompatible with any +peaceable administration of the government. They lead directly to +disunion and civil commotion; and therefore it is, that at their +commencement, when they are first found to be maintained by respectable +men, and in a tangible form, I enter my public protest against them all. + +The honorable gentleman argues that, if this Government be the sole +judge of the extent of its own powers, whether that right of judging be +in Congress or the Supreme Court, it equally subverts State sovereignty. +This the gentleman sees, or thinks he sees, although he cannot perceive +how the right of judging, in this matter, if left to the exercise of +State legislatures, has any tendency to subvert the government of the +Union. The gentleman's opinion may be, that the right ought not to have +been lodged with the General Government; he may like better such a +Constitution as we should have had under the right of State +interference; but I ask him to meet me on the plain matter of fact. I +ask him to meet me on the Constitution itself. I ask him if the power is +not found there, clearly and visibly found there? + +But, sir, what is this danger, and what are the grounds of it? Let it be +remembered that the Constitution of the United States is not +unalterable. It is to continue in its present form no longer than the +people who established it shall choose to continue it. If they shall +become convinced that they have made an injudicious or inexpedient +partition and distribution of power between the State governments and +the General Government, they can alter that distribution at will. + +If any thing be found in the national Constitution, either by original +provision or subsequent interpretation, which ought not to be in it, the +people know how to get rid of it. If any construction, unacceptable to +them, be established so as to become practically a part of the +Constitution, they will amend it, at their own sovereign pleasure. But +while the people choose to maintain it as it is, while they are +satisfied with it, and refuse to change it, who has given, or who can +give, to the legislatures a right to alter it, either by interference, +construction, or otherwise? Gentlemen do not seem to recollect that the +people have any power to do any thing for themselves. They imagine there +is no safety for them, any longer than they are under the close +guardianship of the State legislatures. Sir, the people have not trusted +their safety, in regard to the General Constitution, to these hands. +They have required other security, and taken other bonds. They have +chosen to trust themselves, first, to the plain words of the instrument, +and to such construction as the Government themselves, in doubtful +cases, should put on their powers, under their oaths of office, and +subject to their responsibility to them, just as the people of a State +trust to their own governments with a similar power. Secondly, they have +reposed their trust in the efficacy of frequent elections, and in their +own power to remove their own servants and agents whenever they see +cause. + +Thirdly, they have reposed trust in the judicial power, which, in order +that it might be trustworthy, they have made as respectable, as +disinterested, and as independent as was practicable. Fourthly, they +have seen fit to rely, in case of necessity, or high expediency, on +their known and admitted power to alter or amend the Constitution, +peaceably and quietly, whenever experience shall point out defects or +imperfections. And, finally, the people of the United States have at no +time, in no way, directly or indirectly, authorized any State +legislature to construe or interpret their high instrument of +government; much less to interfere, by their own power, to arrest its +course and operation. + +If, sir, the people in these respects had done otherwise than they have +done, their Constitution could neither have been preserved, nor would it +have been worth preserving. And if its 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 possibly desire. It will exist in every State but as a +poor dependent on State permission. It must borrow leave to be; and will +be, no longer than State pleasure, or State discretion, sees fit to +grant the indulgence, and to prolong its poor existence. + +But, sir, although there are fears, there are hopes also. The people +have preserved this, their own chosen Constitution, for forty years, and +have seen their happiness, prosperity, and renown grow with its growth, +and strengthen with its strength. They are now, generally, strongly +attached to it. Overthrown by direct assault, it cannot be; evaded, +undermined, NULLIFIED, it will not be, if we, and those who shall +succeed us here, as agents and representatives of the people, shall +conscientiously and vigilantly discharge the two great branches of our +public trust, faithfully to preserve and wisely to administer it. + +Mr. President, I have thus stated the reasons of my dissent to the +doctrines which have been advanced and maintained. I am conscious of +having detained you and the Senate much too 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. But it is a subject of +which my heart is full, and I have not been willing to suppress the +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 nothing less than the union of the +States, it is of most vital and essential importance to the public +happiness. I profess, sir, in my career hitherto, to have kept steadily +in view the 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 makes us most proud of our +country. That Union we reached only by the discipline of our virtues in +the severe school of adversity. It had its origin in the necessities of +disordered finance, prostrate commerce, and ruined credit. Under its +benign influences, these great interests immediately awoke, as from the +dead, and sprang forth with newness of life. Every year of its duration +has teemed with fresh proofs of its utility and its blessings; and +although our territory has stretched out wider and wider, and our +population spread farther and farther, they have not outrun its +protection or its benefits. It has been to us all a copious fountain of +national, social, and personal happiness. + +I have not allowed myself, sir, to look beyond 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 that unite us together +shall be broken asunder. I have not accustomed myself to hang over the +precipice of disunion, to see whether, with my short sight, I can fathom +the depth of the abyss below; nor could I regard him as a safe +counsellor in the affairs of this Government, whose thoughts should be +mainly bent on considering, not how the Union may be best preserved, but +how tolerable might be the condition of the people when it should be +broken up and destroyed. While the Union lasts we have high, exciting, +gratifying prospects spread out before us, for us and our children. +Beyond that I seek not to penetrate the veil. God grant that in my day +at least that curtain may not rise! God grant that on my vision never +may be opened what lies behind! 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 dishonored 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 through-out the earth, still full high advanced, its +arms and trophies streaming in their original lustre, not a stripe +erased or polluted, not a single star obscured, bearing for its motto, +no such miserable interrogotary as "What is all this worth?" nor those +other words of delusion and folly, "Liberty first and Union afterward"; +but everywhere, spread all over in characters of living light, blazing +on 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! + + + + +JOHN C. CALHOUN + +--OF SOUTH CAROLINA. (BORN 1782, DIED 1850.) + + +ON NULLIFICATION AND THE FORCE BILL, + +IN THE UNITED STATES SENATE, FEB. 15, 1833. + + +MR. PRESIDENT: + +At the last session of Congress, it was avowed on all sides that the +public debt, as to all practical purposes, was in fact paid, the small +surplus remaining being nearly covered by the money in the Treasury and +the bonds for duties which had already accrued; but with the arrival of +this event our last hope was doomed to be disappointed. After a long +session of many months, and the most earnest effort on the part of South +Carolina and the other Southern States to obtain relief, all that could +be effected was a small reduction in the amount of the duties, but a +reduction of such a character that, while it diminished the amount of +burden, it distributed that burden more unequally than even the +obnoxious act of 1828; reversing the principle adopted by the bill of +1816, of laying higher duties on the unprotected than the protected +articles, by repealing almost entirely the duties laid upon the former, +and imposing the burden almost entirely on the latter. It was thus that, +instead of relief--instead of an equal distribution of burdens and +benefits of the government, on the payment of the debt, as had been +fondly anticipated,--the duties were so arranged as to be, in fact, +bounties on one side and taxation on the other; thus placing the two +great sections of the country in direct conflict in reference to its +fiscal action, and thereby letting in that flood of political corruption +which threatens to sweep away our Constitution and our liberty. + +This unequal and unjust arrangement was pronounced, both by the +administration, through its proper organ, the Secretary of the Treasury, +and by the opposition, to be a permanent adjustment; and it was thus +that all hope of relief through the action of the General Government +terminated; and the crisis so long apprehended at length arrived, at +which the State was compelled to choose between absolute acquiescence in +a ruinous system of oppression, or a resort to her reserved +powers--powers of which she alone was the rightful judge, and which +only, in this momentous juncture, could save her. She determined on the +latter. + +The consent of two thirds of her Legislature was necessary for the call +of a convention, which was considered the only legitimate organ through +which the people, in their sovereignty, could speak. After an arduous +struggle the States-right party succeeded; more than two thirds of both +branches of the Legislature favorable to a convention were elected; a +convention was called--the ordinance adopted. The convention was +succeeded by a meeting of the Legislature, when the laws to carry the +ordinance into execution were enacted--all of which have been +communicated by the President, have been referred to the Committee on +the Judiciary, and this bill is the result of their labor. + +Having now corrected some of the prominent misrepresentations as to the +nature of this controversy, and given a rapid sketch of the movement of +the State in reference to it, I will next proceed to notice some +objections connected with the ordinance and the proceedings under it. + +The first and most prominent of these is directed against what is called +the test oath, which an effort has been made to render odious. So far +from deserving the denunciation that has been levelled against it, I +view this provision of the ordinance as but the natural result of the +doctrines entertained by the State, and the position which she occupies. +The people of Carolina believe that the Union is a union of States, and +not of individuals; that it was formed by the States, and that the +citizens of the several States were bound to it through the acts of +their several States; that each State ratified the Constitution for +itself, and that it was only by such ratification of a State that any +obligation was imposed upon its citizens. Thus believing, it is the +opinion of the people of Carolina that it belongs to the State which has +imposed the obligation to declare, in the last resort, the extent of +this obligation, as far as her citizens are concerned; and this upon the +plain principles which exist in all analogous cases of compact between +sovereign bodies. On this principle the people of the State, acting in +their sovereign capacity in convention, precisely as they did in the +adoption of their own and the Federal Constitution, have declared, by +the ordinance, that the acts of Congress which imposed duties under the +authority to lay imposts, were acts not for revenue, as intended by the +Constitution, but for protection, and therefore null and void. The +ordinance thus enacted by the people of the State themselves, acting as +a sovereign community, is as obligatory on the citizens of the State as +any portion of the Constitution. In prescribing, then, the oath to obey +the ordinance, no more was done than to prescribe an oath to obey the +Constitution. It is, in fact, but a particular oath of allegiance, and +in every respect similar to that which is prescribed, under the +Constitution of the United States, to be administered to all the +officers of the State and Federal Governments; and is no more deserving +the harsh and bitter epithets which have been heaped upon it than that +or any similar oath. It ought to be borne in mind that, according to the +opinion which prevails in Carolina, the right of resistance to the +unconstitutional acts of Congress belongs to the State, and not to her +individual citizens; and that, though the latter may, in a mere question +of _meum_ and _tuum_, resist through the courts an unconstitutional +encroachment upon their rights, yet the final stand against usurpation +rests not with them, but with the State of which they are members; and +such act of resistance by a State binds the conscience and allegiance of +the citizen. But there appears to be a general misapprehension as to the +extent to which the State has acted under this part of the ordinance. +Instead of sweeping every officer by a general proscription of the +minority, as has been represented in debate, as far as my knowledge +extends, not a single individual has been removed. The State has, in +fact, acted with the greatest tenderness, all circumstances considered, +toward citizens who differed from the majority; and, in that spirit, has +directed the oath to be administered only in the case of some official +act directed to be performed in which obedience to the ordinance is +involved. * * *' + +It is next objected that the enforcing acts, have legislated the United +States out of South Carolina. I have already replied to this objection +on another occasion, and will now but repeat what I then said: that they +have been legislated out only to the extent that they had no right to +enter. The Constitution has admitted the jurisdiction of the United +States within the limits of the several States only so far as the +delegated powers authorize; beyond that they are intruders, and may +rightfully be expelled; and that they have been efficiently expelled by +the legislation of the State through her civil process, as has been +acknowledged on all sides in the debate, is only a confirmation of the +truth of the doctrine for which the majority in Carolina have contended. + +The very point at issue between the two parties there is, whether +nullification is a peaceful and an efficient remedy against an +unconstitutional act of the General Government, and may be asserted, as +such, through the State tribunals. Both parties agree that the acts +against which it is directed are unconstitutional and oppressive. The +controversy is only as to the means by which our citizens may be +protected against the acknowledged encroachments on their rights. This +being the point at issue between the parties, and the very object of the +majority being an efficient protection of the citizens through the State +tribunals, the measures adopted to enforce the ordinance, of course +received the most decisive character. We were not children, to act by +halves. Yet for acting thus efficiently the State is denounced, and this +bill reported, to overrule, by military force, the civil tribunal and +civil process of the State! Sir, I consider this bill, and the arguments +which have been urged on this floor in its support, as the most +triumphant acknowledgment that nullification is peaceful and efficient, +and so deeply intrenched in the principles of our system, that it cannot +be assailed but by prostrating the Constitution, and substituting the +supremacy of military force in lieu of the supremacy of the laws. In +fact, the advocates of this bill refute their own argument. They tell us +that the ordinance is unconstitutional; that it infracts the +constitution of South Carolina, although, to me, the objection appears +absurd, as it was adopted by the very authority which adopted the +constitution itself. They also tell us that the Supreme Court is the +appointed arbiter of all controversies between a State and the General +Government. Why, then, do they not leave this controversy to that +tribunal? Why do they not confide to them the abrogation of the +ordinance, and the laws made in pursuance of it, and the assertion of +that supremacy which they claim for the laws of Congress? The State +stands pledged to resist no process of the court. Why, then, confer on +the President the extensive and unlimited powers provided in this bill? +Why authorize him to use military force to arrest the civil process of +the State? But one answer can be given: That, in a contest between the +State and the General Government, if the resistance be limited on both +sides to the civil process, the State, by its inherent sovereignty, +standing upon its reserved powers, will prove too powerful in such a +controversy, and must triumph over the Federal Government, sustained by +its delegated and limited authority; and in this answer we have an +acknowledgment of the truth of those great principles for which the +State has so firmly and nobly contended. * * * + +Notwithstanding all that has been said, I may say that neither the +Senator from Delaware (Mr. Clayton), nor any other who has spoken on the +same side, has directly and fairly met the great question at issue: Is +this a Federal Union? a union of States, as distinct from that of +individuals? Is the sovereignty in the several States, or in the +American people in the aggregate? The very language which we are +compelled to use when speaking of our political institutions, affords +proof conclusive as to its real character. The terms union, federal, +united, all imply a combination of sovereignties, a confederation of +States. They never apply to an association of individuals. Who ever +heard of the United State of New York, of Massachusetts, or of Virginia? +Who ever heard the term federal or union applied to the aggregation of +individuals into one community? Nor is the other point less clear--that +the sovereignty is in the several States, and that our system is a union +of twenty-four sovereign powers, under a constitutional compact, and not +of a divided sovereignty between the States severally and the United +States? In spite of all that has been said, I maintain that sovereignty +is in its nature indivisible. It is the supreme power in a State, and we +might just as well speak of half a square, or half of a triangle, as of +half a sovereignty. It is a gross error to confound the exercise of +sovereign powers with sovereignty itself, or the delegation of such +powers with the surrender of them. A sovereign may delegate his powers +to be exercised by as many agents as he may think proper, under such +conditions and with such limitations as he may impose; but to surrender +any portion of his sovereignty to another is to annihilate the whole. +The Senator from Delaware (Mr. Clayton) calls this metaphysical +reasoning, which he says he cannot comprehend. If by metaphysics he +means that scholastic refinement which makes distinctions without +difference, no one can hold it in more utter contempt than I do; but if, +on the contrary, he means the power of analysis and combination--that +power which reduces the most complex idea into its elements, which +traces causes to their first principle, and, by the power of +generalization and combination, unites the whole in one harmonious +system--then, so far from deserving contempt, it is the highest +attribute of the human mind. It is the power which raises man above the +brute--which distinguishes his faculties from mere sagacity, which he +holds in common with inferior animals. It is this power which has raised +the astronomer from being a mere gazer at the stars to the high +intellectual eminence of a Newton or a Laplace, and astronomy itself +from a mere observation of insulated facts into that noble science which +displays to our admiration the system of the universe. And shall this +high power of the mind, which has effected such wonders when directed to +the laws which control the material world, be forever prohibited, under +a senseless cry of metaphysics, from being applied to the high purposes +of political science and legislation? I hold them to be subject to laws +as fixed as matter itself, and to be as fit a subject for the +application of the highest intellectual power. Denunciation may, indeed +fall upon the philosophical inquirer into these first principles, as it +did upon Galileo and Bacon, when they first unfolded the great +discoveries which have immortalized their names; but the time will come +when truth will prevail in spite of prejudice and denunciation, and when +politics and legislation will be considered as much a science as +astronomy and chemistry. + +In connection with this part of the subject, I understood the Senator +from Virginia (Mr. Rives) to say that sovereignty was divided, and that +a portion remained with the States severally, and that the residue was +vested in the Union. By Union, I suppose the Senator meant the United +States. If such be his meaning--if he intended to affirm that the +sovereignty was in the twenty-four States, in whatever light he may view +them, our opinions will not disagree; but according to my conception, +the whole sovereignty is in the several States, while the exercise of +sovereign power is divided--a part being exercised under compact, +through this General Government, and the residue through the separate +State Governments. But if the Senator from Virginia (Mr. Rives) means to +assert that the twenty-four States form but one community, with a single +sovereign power as to the objects of the Union, it will be but the +revival of the old question, of whether the Union is a union between +States, as distinct communities, or a mere aggregate of the American +people, as a mass of individuals; and in this light his opinions would +lead directly to consolidation. * * * + +Disguise it as you may, the controversy is one between power and +liberty; and I tell the gentlemen who are opposed to me, that, as strong +as may be the love of power on their side, the love of liberty is still +stronger on ours. History furnishes many instances of similar struggles, +where the love of liberty has prevailed against power under every +disadvantage, and among them few more striking than that of our own +Revolution; where, as strong as was the parent country, and feeble as +were the colonies, yet, under the impulse of liberty, and the blessing +of God, they gloriously triumphed in the contest. There are, indeed, +many striking analogies between that and the present controversy. They +both originated substantially in the same cause--with this +difference--in the present case, the power of taxation is converted into +that of regulating industry; in the other, the power of regulating +industry, by the regulation of commerce, was attempted to be converted +into the power of taxation. Were I to trace the analogy further, we +should find that the perversion of the taxing power, in the one case, +has given precisely the same control to the Northern section over the +industry of the Southern section of the Union, which the power to +regulate commerce gave to Great Britain over the industry of the +colonies in the other; and that the very articles in which the colonies +were permitted to have a free trade, and those in which the +mother-country had a monopoly, are almost identically the same as those +in which the Southern States are permitted to have a free trade by the +act of 1832, and in which the Northern States have, by the same act, +secured a monopoly. The only difference is in the means. In the former, +the colonies were permitted to have a free trade with all countries +south of Cape Finisterre, a cape in the northern part of Spain; while +north of that, the trade of the colonies was prohibited, except through +the mother-country, by means of her commercial regulations. If we +compare the products of the country north and south of Cape Finisterre, +we shall find them almost identical with the list of the protected and +unprotected articles contained in the list of last year. Nor does the +analogy terminate here. The very arguments resorted to at the +commencement of the American Revolution, and the measures adopted, and +the motives assigned to bring on that contest (to enforce the law), are +almost identically the same. + +But to return from this digression to the consideration of the bill. +Whatever difference of opinion may exist upon other points, there is one +on which I should suppose there can be none; that this bill rests upon +principles which, if carried out, will ride over State sovereignties, +and that it will be idle for any advocates hereafter to talk of State +rights. The Senator from Virginia (Mr. Rives) says that he is the +advocate of State rights; but he must permit me to tell him that, +although he may differ in premises from the other gentlemen with whom he +acts on this occasion, yet, in supporting this bill, he obliterates +every vestige of distinction between him and them, saving only that, +professing the principles of '98, his example will be more pernicious +than that of the most open and bitter opponent of the rights of the +States. I will also add, what I am compelled to say, that I must +consider him (Mr. Rives) as less consistent than our old opponents, +whose conclusions were fairly drawn from their premises, while his +premises ought to have led him to opposite conclusions. The gentleman +has told us that the new-fangled doctrines, as he chooses to call them, +have brought State rights into disrepute. I must tell him, in reply, +that what he calls new-fangled are but the doctrines of '98; and that it +is he (Mr. Rives), and others with him, who, professing these doctrines, +have degraded them by explaining away their meaning and efficacy. He +(Mr. R.) has disclaimed, in behalf of Virginia, the authorship of +nullification. I will not dispute that point. If Virginia chooses to +throw away one of her brightest ornaments, she must not hereafter +complain that it has become the property of another. But while I have, +as a representative of Carolina, no right to complain of the disavowal +of the Senator from Virginia, I must believe that he (Mr. R.) has done +his native State great injustice by declaring on this floor, that when +she gravely resolved, in '98, that "in cases of deliberate and dangerous +infractions of the Constitution, the States, as parties to the compact, +have the right, and are in duty bound, to interpose to arrest the +progress of the evil, and to maintain within their respective limits the +authorities, rights, and liberties appertaining to them," she meant no +more than to proclaim the right to protest and to remonstrate. To +suppose that, in putting forth so solemn a declaration, which she +afterward sustained by so able and elaborate an argument, she meant no +more than to assert what no one had ever denied, would be to suppose +that the State had been guilty of the most egregious trifling that ever +was exhibited on so solemn an occasion. + + + + +THOMAS H. BENTON, OF MISSOURI. (BORN 1782, DIED 1858.) + + +ON THE EXPUNGING RESOLUTION + +--UNITED STATES SENATE, JANUARY 12, 1837 + + +MR. PRESIDENT: + +It is now near three years since the resolve was adopted by the Senate, +which it is my present motion to expunge from the journal. At the moment +that this resolve was adopted, I gave notice of my intention to move to +expunge it; and then expressed my confident belief that the motion would +eventually prevail. That expression of confidence was not an ebullition +of vanity, or a presumptuous calculation, intended to accelerate the +event it affected to foretell. It was not a vain boast, or an idle +assumption, but was the result of a deep conviction of the injustice +done President Jackson, and a thorough reliance upon the justice of the +American people. I felt that the President had been wronged; and my +heart told me that this wrong would be redressed! The event proves that +I was not mistaken. The question of expunging this resolution has been +carried to the people, and their decision has been had upon it. They +decide in favor of the expurgation; and their decision has been both +made and manifested, and communicated to us in a great variety of ways. +A great number of States have expressly instructed their senators to +vote for this expurgation. A very great majority of the States have +elected senators and representatives to Congress, upon the express +ground of favoring this expurgation. The Bank of the United States, +which took the initiative in the accusation against the President, and +furnished the material, and worked the machinery which was used against +him, and which was then so powerful on this floor, has become more and +more odious to the public mind, and musters now but a slender phalanx of +friends in the two Houses of Congress. The late Presidential election +furnishes additional evidence of public sentiment. The candidate who was +the friend of President Jackson, the supporter of his administration, +and the avowed advocate for the expurgation, has received a large +majority of the suffrages of the whole Union, and that after an express +declaration of his sentiments on this precise point. The evidence of the +public will, exhibited in all these forms, is too manifest to be +mistaken, too explicit to require illustration, and too imperative to be +disregarded. Omitting details and specific enumeration of proofs, I +refer to our own files for the instructions to expunge,--to the +complexion of the two Houses for the temper of the people,--to the +denationalized condition of the Bank of the United States for the fate +of the imperious accuser,--and to the issue of the Presidential election +for the answer of the Union. + +All these are pregnant proofs of the public will, and the last +preeminently so: because, both the question of the expurgation, and the +form of the process, were directly put in issue upon it. * * * + +Assuming, then, that we have ascertained the will of the people on this +great question, the inquiry presents itself, how far the expression of +that will ought to be conclusive of our action here. I hold that it +ought to be binding and obligatory upon us; and that, not only upon the +principles of representative government, which requires obedience to the +known will of the people, but also in conformity to the principles upon +which the proceeding against President Jackson was conducted when the +sentence against him was adopted. Then everything was done with especial +reference to the will of the people. Their impulsion was assumed to be +the sole motive to action; and to them the ultimate verdict was +expressly referred. The whole machinery of alarm and pressure--every +engine of political and moneyed power--was put in motion, and worked for +many months, to excite the people against the President; and to stir up +meetings, memorials, petitions, travelling committees, and distress +deputations against him; and each symptom of popular discontent was +hailed as an evidence of public will, and quoted here as proof that the +people demanded the condemnation of the President. Not only legislative +assemblies, and memorials from large assemblies, were then produced here +as evidence of public opinion, but the petitions of boys under age, the +remonstrances of a few signers, and the results of the most +inconsiderable elections were ostentatiously paraded and magnified, as +the evidence of the sovereign will of our constituents. Thus, sir, the +public voice was everything, while that voice, partially obtained +through political and pecuniary machinations, was adverse to the +President. Then the popular will was the shrine at which all worshipped. +Now, when that will is regularly, soberly, repeatedly, and almost +universally expressed through the ballot-boxes, at the various +elections, and turns out to be in favor of the President, certainly no +one can disregard it, nor otherwise look at it than as the solemn +verdict of the competent and ultimate tribunal upon an issue fairly made +up, fully argued, and duly submitted for decision. As such verdict, I +receive it. As the deliberate verdict of the sovereign people, I bow to +it. I am content. I do not mean to reopen the case nor to re-commence +the argument. I leave that work to others, if any others choose to +perform it. For myself, I am content; and, dispensing with further +argument, I shall call for judgment, and ask to have execution done, +upon that unhappy journal, which the verdict of millions of freemen +finds guilty of bearing on its face an untrue, illegal, and +unconstitutional sentence of condemnation against the approved President +of the Republic. + +But, while declining to reopen the argument of this question, and +refusing to tread over again the ground already traversed, there is +another and a different task to perform; one which the approaching +termination of President Jackson's administration makes peculiarly +proper at this time, and which it is my privilege, and perhaps my duty, +to execute, as being the suitable conclusion to the arduous contest in +which we have been so long engaged. I allude to the general tenor of his +administration, and to its effect, for good or for evil, upon the +condition of his country. This is the proper time for such a view to be +taken. The political existence of this great man now draws to a close. +In little more than forty days he ceases to be an object of political +hope to any, and should cease to be an object of political hate, or +envy, to all. Whatever of motive the servile and time-serving might have +found in his exalted station for raising the altar of adulation, and +burning the incense of praise before him, that motive can no longer +exist. The dispenser of the patronage of an empire, the chief of this +great confederacy of States, is soon to be a private individual, +stripped of all power to reward, or to punish. His own thoughts, as he +has shown us in the concluding paragraph of that message which is to be +the last of its kind that we shall ever receive from him, are directed +to that beloved retirement from which he was drawn by the voice of +millions of freemen, and to which he now looks for that interval of +repose which age and infirmities require. Under these circumstances, he +ceases to be a subject for the ebullition of the passions, and passes +into a character for the contemplation of history. Historically, then, +shall I view him; and limiting this view to his civil administration, I +demand, where is there a chief magistrate of whom so much evil has been +predicted, and from whom so much good has come? Never has any man +entered upon the chief magistracy of a country under such appalling +predictions of ruin and woe! never has any one been so pursued with +direful prognostications! never has any one been so beset and impeded by +a powerful combination of political and moneyed confederates! never has +any one in any country where the administration of justice has risen +above the knife or the bowstring, been so lawlessly and shamelessly +tried and condemned by rivals and enemies, without hearing, without +defence, without the forms of law and justice! History has been +ransacked to find examples of tyrants sufficiently odious to illustrate +him by comparison. Language has been tortured to find epithets +sufficiently strong to paint him in description. Imagination has been +exhausted in her efforts to deck him with revolting and inhuman +attributes. Tyrant, despot, usurper; destroyer of the liberties of his +country; rash, ignorant, imbecile; endangering the public peace with all +foreign nations; destroying domestic prosperity at home; ruining all +industry, all commerce, all manufactures; annihilating confidence +between man and man; delivering up the streets of populous cities to +grass and weeds, and the wharves of commercial towns to the encumbrance +of decaying vessels; depriving labor of all reward; depriving industry +of all employment; destroying the currency; plunging an innocent and +happy people from the summit of felicity to the depths of misery, want, +and despair. Such is the faint outline, followed up by actual +condemnation, of the appalling denunciations daily uttered against this +one MAN, from the moment he became an object of political competition, +down to the concluding moment of his political existence. + +The sacred voice of inspiration has told us that there is a time for all +things. There certainly has been a time for every evil that human nature +admits of to be vaticinated of President Jackson's administration; +equally certain the time has now come for all rational and well-disposed +people to compare the predictions with the facts, and to ask themselves +if these calamitous prognostications have been verified by events? Have +we peace, or war, with foreign nations? Certainly, we have peace with +all the world! peace with all its benign, and felicitous, and +beneficent influences! Are we respected, or despised abroad? Certainly +the American name never was more honored throughout the four quarters of +the globe than in this very moment. Do we hear of indignity or outrage +in any quarter? of merchants robbed in foreign ports? of vessels +searched on the high seas? of American citizens impressed into foreign +service? of the national flag insulted anywhere? On the contrary, we see +former wrongs repaired; no new ones inflicted. France pays twenty-five +millions of francs for spoliations committed thirty years ago; Naples +pays two millions one hundred thousand ducats for wrongs of the same +date; Denmark pays six hundred and fifty thousand rix-dollars for wrongs +done a quarter of a century ago; Spain engages to pay twelve millions of +reals vellon for injuries of fifteen years' date; and Portugal, the last +in the list of former aggressors, admits her liability and only waits +the adjustment of details to close her account by adequate indemnity. So +far from war, insult, contempt, and spoliation from abroad, this +denounced administration has been the season of peace and good will and +the auspicious era of universal reparation. So far from suffering injury +at the hands of foreign powers, our merchants have received indemnities +for all former injuries. It has been the day of accounting, of +settlement, and of retribution. The total list of arrearages, extending +through four successive previous administrations, has been closed and +settled up. The wrongs done to commerce for thirty years back, and under +so many different Presidents, and indemnities withheld from all, have +been repaired and paid over under the beneficent and glorious +administration of President Jackson. But one single instance of outrage +has occurred, and that at the extremities of the world, and by a +piratical horde, amenable to no law but the law of force. The Malays of +Sumatra committed a robbery and massacre upon an American vessel. +Wretches! they did not then know that JACKSON was President of the +United States! and that no distance, no time, no idle ceremonial of +treating with robbers and assassins, was to hold back the arm of +justice. Commodore Downes went out. His cannon and his bayonets struck +the outlaws in their den. They paid in terror and in blood for the +outrage which was committed; and the great lesson was taught to these +distant pirates--to our antipodes themselves,--that not even the entire +diameter of this globe could protect them, and that the name of American +citizen, like that of Roman citizen in the great days of the Republic +and of the empire, was to be the inviolable passport of all that wore it +throughout the whole extent of the habitable world. * * * + +From President Jackson, the country has first learned the true theory +and practical intent of the Constitution, in giving to the Executive a +qualified negative on the legislative power of Congress. Far from being +an odious, dangerous, or kingly prerogative, this power, as vested in +the President, is nothing but a qualified copy of the famous veto power +vested in the tribunes of the people among the Romans, and intended to +suspend the passage of a law until the people themselves should have +time to consider it? The qualified veto of the President destroys +nothing; it only delays the passage of a law, and refers it to the +people for their consideration and decision. It is the reference of a +law, not to a committee of the House, or of the whole House, but to the +committee of the whole Union. It is a recommitment of the bill to the +people, for them to examine and consider; and if, upon this examination, +they are content to pass it, it will pass at the next session. The delay +of a few months is the only effect of a veto, in a case where the people +shall ultimately approve a law; where they do not approve it, the +interposition of the veto is the barrier which saves them the adoption +of a law, the repeal of which might afterwards be almost impossible. The +qualified negative is, therefore, a beneficent power, intended as +General Hamilton expressly declares in the Federalist, to protect, +first, the executive department from the encroachments of the +legislative department; and, secondly, to preserve the people from +hasty, dangerous, or criminal legislation on the part of their +representatives. This is the design and intention of the veto power; and +the fear expressed by General Hamilton was, that Presidents, so far from +exercising it too often, would not exercise it as often as the safety of +the people required; that they might lack the moral courage to stake +themselves in opposition to a favorite measure of the majority of the +two Houses of Congress; and thus deprive the people, in many instances, +of their right to pass upon a bill before it becomes a final law. The +cases in which President Jackson has exercised the veto power have shown +the soundness of these observations. No ordinary President would have +staked himself against the Bank of the United States and the two Houses +of Congress in 1832. It required President Jackson to confront that +power--to stem that torrent--to stay the progress of that charter, and +to refer it to the people for their decision. His moral courage was +equal to the crisis. He arrested the charter until it could be got to +the people, and they have arrested it forever. Had he not done so, the +charter would have become law, and its repeal almost impossible. The +people of the whole Union would now have been in the condition of the +people of Pennsylvania, bestrode by the monster, in daily conflict with +him, and maintaining a doubtful contest for supremacy between the +government of a State and the directory of a moneyed corporation. + +Sir, I think it right, in approaching the termination of this great +question, to present this faint and rapid sketch of the brilliant, +beneficent, and glorious administration of President Jackson. It is not +for me to attempt to do it justice; it is not for ordinary men to +attempt its history. His military life, resplendent with dazzling +events, will demand the pen of a nervous writer; his civil +administration, replete with scenes which have called into action so +many and such various passions of the human heart, and which has given +to native sagacity so many victories over practised politicians, will +require the profound, luminous, and philosophical conceptions of a Livy, +a Plutarch, or a Sallust. This history is not to be written in our day. +The contemporaries of such events are not the hands to describe them. +Time must first do its office--must silence the passions, remove the +actors, develop consequences, and canonize all that is sacred to honor, +patriotism, and glory. In after ages the historic genius of our America +shall produce the writers which the subject demands--men far removed +from the contests of this day, who will know how to estimate this great +epoch, and how to acquire an immortality for their own names by +painting, with a master's hand, the immortal events of the patriot +President's life. + +And now, sir, I finish the task which, three years ago, I imposed on +myself. Solitary and alone, and amidst the jeers and taunts of my +opponents, I put this ball in motion. The people have taken it up, and +rolled it forward, and I am no longer anything but a unit in the vast +mass which now propels it. In the name of that mass I speak. I demand +the execution of the edict of the people; I demand the expurgation of +that sentence which the voice of a few senators, and the power of their +confederate, the Bank of the United States, has caused to be placed on +the journal of the Senate; and which the voice of millions of freemen +has ordered to be expunged from it. + + + + + +End of Project Gutenberg's American Eloquence, Volume I. 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