9II]^ER!$’ & FARMERS’ JOVRNAL.
PRIM I fcU AWI> i*L'HLISHKI> KVERY SATtltl>AY, BY THOMAS J. HOI/rON....C’IIARIX>rrK, 91iXKLKNllUR(; (
I WILL TKACH YOU TO PIBIICE TUB BDWriJ. OF TIIK lARTII aNI. BIlINu OUT FROM TIIK
CILNTY, NORTII.CAROLINA.
%'i
VOL. Ill*
CAVKIINS OF^THK HOrSTAINK. Mf.TAr.S UHICII WII L filVE HTRF.NOTII TO OUR HAj«l)S AM. 81-BJECT At.L NATURE TO OUR AND fLliAgUKB.II^rjo7,|.,^
SAT I KDAV, MAY 4^
It-' ,
'Vn, an^
t —
THE
Jiner**’ & Farmem’ Journal
L printed and |jubii»l«ed every Saturday iiiorniug
at Tvm DolUiri per annum, if paid in advaiicc ;
Tim Fi/tff CrmU ii‘n«t paid in ad
vance; Tirtt Mian at the and of the year.
will be inaertc4 at Fifty
TemUperaquare(no( exc«e«linf; 20lina«,) for th«
grit inaeruoo, and 3A ccnta for each aucceodin^
wrck—or $1 for three weeka, for one iK{uare.—
A lilieraJ diacount will b» made to tttoac who
tdvertiM' by the year. O' On all advertiaenienta
fomuiuiwcatcd for publication, the number of
lOirrtiona muat be noted on the marfin of the
manuicript, or they will be continued until
ferbid, and charged accordingly.
,* All coimnunicatiooa lo the Editor muat come
frre of po»t*ftt, or they may not be att-ad d to.
~ TIIF MARKKTM.
NO. 136*
aiARMuSTON. APRIL 22. Ih33.
Colton, Set loland, IM a 30 ; upland, new, 10] a
IJ ; Ricf, prim*. a 2 j; inferior to goiM^ ‘Jj a
}, Floor, •aperfine, 6 a 00; (om, tij a 65;
it«,49a44; Wbwkey, 38 a 33; N. F. Rum.
:u a 3i; Apple Hraiidy, 4U a 43; De^
*, 17 a 00 j Talbiw,Carolina, 11 • 11^; Mack*
cl, No. 1. 7; No. 3, 6; Racuii, 6 a 7; Hama,
I 10;l^rd, 9i a 10; Naila, cut, S] a 6 centa
; fueling, la a 16; Rale Rope, 6 a 10 oenU;
:fia; brandy, IM a 300; Holland (un. 100 a
i. Iron, Kuaaia aai Snredea, t4 a 4| per lb*.;
11, l.iTcrpooi,in baf«of4 buah. 1| a l|{ inbulk,
t (lU. T. lilaail. 43 a 00 , Kugar, Havana, 10
Hi; brown, 7 a H; St. Crota and Jam. 7 a 9J;
c Orleana, 6 a 7|; MolaaMa, l.’oha, 25 a 00;
Drifant, a Vt iCnfTet, prime grren, 13 a 14;
fmorlo |!wd, l;)a 13i ; Hyaoo Tea,77 a ctiu
North-t'arohna money, 1} a 1| per cent, dia-
'int. Savannah Hank Kill* 1 per cent diMount;
1 otbcr Gtwgia Bank Bill* 1 and 1| per ccut
CA.MDF.N, APRIL 27.
CoK«/rf /Wurr.-C’oUon, 10 a 11); Corn a
: ^ beat, 80 a K7 ; Flo»jr, connlrv, 4J a 4|; Ha.
■,7 a 10; Whiakey, 35 a 40; ferandv, Appk;,
a 45; Peach, 40 a 56. / rr-
PKRATK
the Senate of the I'nited State* on thr bill fur
thfr to pruvide for the collection of duties on
un ports.
IN SKNATf; Pnaraav 16. |«33.
The rollawifi(; mMlutinna ■ubiiiil(M) by
r. CaJboun, came up for conaideration,
iz:
‘ That the people of the aeveral State*
npcnf ihcMT V. .HUfea, are Snited aa partiei
t rnr.ititutiooal comimct, to which t>ie people
«•*( b .I»U- arr. drd a* a aeparate and »ovcuifn
•>m»n>jnily, each binding itaclf by it* own («rtic-
ir ratifKAtran; and that the rnian. of » hich the
lid nimiMrt i. \hf bond, la an UnMn irfiMe« lit
iltt rali'ying the «ame.
• Rr%olTfti, That the pi-nple of the several State*.
01 uniird by tha H>n>lilutional compart, in form-
bat in«trumrn(, and in erecting a (irnrral
mimenf lo carry into eflrct the for
hif h II was formed, dr Uy»l..d lo that t ;ovefnmc nt.
- that purpose, certain definite power*, tc he ev-
i-djmnlly. re*»tTing at the same lime, rarh
tir ta the rrciduary ma»* of pn»>r*ti be
»ei*rd by lU own separate (ravernmerl; and
•, »hrn.-vrr the flrnrral iinH-nl amume*
. irrriM* Qt' power* not del«>rilel by the com-
i. lU art* irr unanthoritfd, void, and o'" no ef.
might have influen«d him, there i* another, to j am reaolvcd not to giibriiit, in silcmce, to acciisa-
Uie impuiatioii of which he ii ex|»std, but which , tionH.eitlicr atraiunlmjaelfindividuilly, oragnini-t
ccrUinly I will not attribute to him—Uiat hu nio- ; the North, vrlmlly unlbnnded and unjust—accuaa-
live was to propiiiatf in a ccrtain hiph quarter— (tions which impute to uh a disposilion to evade
road his remarks in juxtu|ioi>iticin. He said
tliat.
, . , , disposiiion to evade “ The constitution means a government,
* e*‘f^nd the not a compact. Nut a constitutional com-
could be more acceptable than the immolation of I power of the (Jovcrnincnt over the internallaws pact, but a covernmeilt. If compact, it
tne character of him who now addreases you. i luid domciitic condition of the State*.” | re^ta on nliTlili*il faiih nn/l ih#. n» «f tp
Rut whatever may have been the motive of Uie I by this extract, that the Senator j ^ ,*1 . , ,
Knator, I can assure him that I will not follow ; not only use* the plirano “constitutional compact,’’| „ W«ulJ be to declare the wliole void.
"!* * never had any inclination to which he now so much condeinns, but. what is i “t'lles rnay secede, if a league or compact,
gladiatorial exhibitions in tlie halU of legislation, i atiil more important, hecalls the const itiitinn itself! thank the Senator for these adniissioHi,
and 111 now had, 1 cerUinly would not ifldul^ i a compact—a bargain ; which conUin* imjwrtant I which 1 intend to use hcreai\er.I Here
i * >ir. c. nrocecid to read r™.
in .fu„ s,-..u., I on "> r™. i.i, note.
a* exprcsaed in debate, involve* the Union oflh. se 1 will appear in the course of his r. mark*. Hut, | * agreed that each should
State* J and in mine, tlie Liberty and the Constitu.; as strong as his ol.jeciion is lo thp word “consti- participate in the sovereignty of the Other.”
tion of the country. Belure. however, 1 conclude tutionsi.” it is siill ktronger lo the word "accf-de,”
tlic prefatory obserA ations, I must allude to Uie ] which he thinks has »K;in itilroducid into the re.
remark which the .Senator made at tlie tcrinina- , solution w ith some d- ep dfftign, ai. I suppose, to
[(-’ertainly, a very correct conception of
the constitution, but when did they muke
['I'his the Senator lays dow n as a leading
fundainentai principle to sustain his doc
trine, and I must say, by a strange confu
sion and uricertainty of language; not cer
tainly to l>e explained by any want of com
mand of the most appropriate words on his
lion of the argument of mv friend from .Mi*>ia. i entrap the Stnale into*^an adniii^ion of the doc-i ^ *® const'lution,
sippi, (Mr. Poindexter.) I understood the Sen. j trine of State right*. Mere again, I must shelter ' could tiicy agree but by compact ?]
alor to say that, if I choM! to put at issue his rhar. I myself under auth!>rit V. Hut I rusp-ct that the j “'J’he Pvstem, not u compact between
acu-r for consistency, he stood prtparidlo vindi- Senator, by a *ort of instin. t, (for our instincts States, in 'thcir soven ign caiiacitv, but a
cate Ms coursev 1 aasure the Senator that I have , often strsngfly run b fore our knowif’doe.^ had a ... r i j *i j .•
no Idea of calling In question his coniisiency, or prescience whirh would ac. ount for hi« averMon i pr"^r, founded on the adoption
that of any other member of this Imdy. Ii is a for the word, that thi« authority was no less than I »'>« creating llldiVulual rela-
suHoct in which I feel no concern ; but if I am to I Thomas Jeffernon hirnseif. the great apoflle of the tions b(;tw;en itselfand the citizens.”
understand the remark of the Senator a* intended j dortrine of .State righti^ 'I’he word w as borrow,
indirectly as • clialleiige, to put in issue the cm. | ed from him. Il was taken trom the Kcutucky
siatrocy of my course as compared to his own, I resolution, a* well an the nulistuncc of the n solu-
have to *«y Uiat, although 1 do not accept of hit. | tion itself. Itiil I trust that I may neutralizp w hat,
challenge, if he shquld think proper to make a ; ever aversion the authorship of this word may
trial of character, on Uiat or any other point con. . have exeiled in the mind of the Senator, hv tli’e
nectcd with our public conduct, and will select a . ii.troduetion of another authority—that of \Vash-
niiuble ercasion, I sUnd pre)«red lo vindicate ' ington himselt —w l;o, in his sp«'ech to Congress, i pj.,.. i
my cours‘, as conip*rfd with his, or that of any si>e»king of Ihi-ndiniMioii of NorUi-CaroIina inU. ./r. j . n . .
oilier member of this body, for eonsiiiteney of con- , the Cnioii, ust s this very U rm, which was repeat- i . itsell a compact, but a
duct, purity of motive, and devoted atiachmcnt to td by the S.-nale in their replv. Vet, in order 1'I'Jie constitution rijsts on com-
tlie country and its luslitutions. i to narrow the ground between the Senator and ' pact, but it is no longer a compact.”
Having made llte*e remarks which have been "*>■*•■[(“» much a* pf.*iiiLlc, I will accommodate ! J would ask to what compact does the
forced u|>on me, 1 shall now proc«d directly to "I';*''?'- anU|«ilhy ajainM the two j ^Senator refer as that on which the ronsfi.
the subj,-ct before Uie S.n.|e. and lu or.ler ihVt it «ords. by striking them out of the | *
may, with all iu bearing*, he tully under»Uywl. I reM,|iitim. and suWituting in their placc those i rests ' Before the adoption of the
must go back to the period at w hich I introduet d w ords, w hich the S nator himsell has desig. | pr;.'«t lit constitution, the States had formed
the retoluliiMis. They were introduced in con- "••“1 •'* coii»litulif«ial phrases. In the place ot t)Ut one compact, and that was the old con.
nexion wiUi ihe bill which ha. pa«^ U.i. Hon«-. adjective -con.tiiuiional.;’ I will j ji-.lpration , and certainly the gentleman
•lid I* now pendinr b( tore the other. That bill "'"‘''’t'be vt ry noun sutrttantive, “coiiktitulion; ’ ; . i . .i . .i
wa* couched in general terms, without naimn- S. I’'*** **’•“ "•"'’'I "accede," I will in-frt pr«*«nt
Carobna or any other Slau-. U.ou«h il wa. un^rr. »'•*“ratify." which he designate* as the | constitution rests Ufmn that. 'V hat, then,
stood, and avowed bv the Conimillee, as intendrd ! t*rm to b- uvd. j t.s his tiicRliing ? " hat can it be, but that
!». act directly on her. j « e •'»'* the resolution sisnd«, and tbf> constitution itself is a compact: and how
lUlieving that the Covernment had no right to I •'*7 an.endineuU. Ikrc, | , la„guaffp rt ad when fnirlv interore-
u*c force in Uie controver.y, and that ihe att-mM ^ « introduced reads- | rt W wnen tnirlV mterpre-
lo introduce it rested upon principle* utterly *iU> ' lt'*olrni. That the people ot the w veral .tate* Constitution was a C0in|)aCt,
veraiveof theCoustitution and the *r,vereigiity of! ‘ par-1 is no iongrr « compact, it had by
Ihe .States, I drew up Ihe resoliitiona, and lalrtj- j * eon«tittition»l compact, lo which the p»o- : some moans or other, changed its nature or
duccd them expre«*Jy with Ihe view to lest thow acc. icd as » seiiaratc ai.d m.vc- ly.,.ome (lelnnct.
principle*, with a desire that they should be di»- ' '■'‘‘‘•'I' ‘»ch l.ir.dit g ilwlt hi it* o-.vn , ,, .
cu**ed and voted on before the bill came up for ' ratifimtion ; and tn.it the I'nion, of ' siaiw mat,
conaideraium. The majority ordered olherwi»e. *»id eon>paet i« the bond, is an I nion I ftian is almost untnie to Ins country
The r«*olbtion* wrr* laid on the ubie, and the I ritii\ in? the same. ' w ho calls the C»»n>titution a compact.”
bill Uken up for dik.: j*«ioft. I'nder thi*'arrange. ^ lo be am, n.-_d-- ; . . . _
■lent, which it was un!er«tood originated wilh I 'I hut Ihe (leojilc of the rereral .‘H.ites
I arrange,
wa* un!rr*tood originated wilh I
the Cotnmille* that reported the bill, I. of cour*c ' thi s. L, .*;tatis. an unilid as parlns
1_. jl.a.. • .. * m ... -J. . it... *1
1 fear the .Senator, in calling it a compact,
i a Iwrgain, has railed dow n this heavy denun.
concluded that its inembeTs wo j”d pr^^d*^Xe’ * '■"'"I’"'*, r Iht’ title of the Constitution : ciatiOQ on his head. lie linallv states that,
disciission, and explain Ihe principle*, and llie *■ •''tat'» hi h the i»'o:»le of each Stale “It is founded on compact, but not a
ne«-.«ly for Ihe bill, before thr oUwr Senator* , f«"bed as a s- parste and «ivereign community ; ! compart results from it ”
would enter into the di*cu«io»i. and partieularif " 'O’. ratitii a. I -i.' . .. l .u
Itioar froai .H. ('arulina; ondersUnding, however. of' whu h «aid eoinpacl | ' what are we to attribute the Strange
that by the arrangement of the I'oinmiiiee. il was ratify, j confu.siitn of Words? The Senator has a
allotted lo the .S nator from TmnmiHr lo ek»r , same. j mind of hi«h order, and perfectly trained to
the di«-u«sion on the bill, I w.iin-d to Ihe last mo- II horp, sir, I ask, is that plain case of «l*e most e.vaet use of language. No man
'l!! hiatus, as wide . knows k>tter the pn-cise import ofthe words
eommiit.e, llui tK.i'he4/mg imin’h.^^ I ^ J,: »x't«''eti the premises and con- he usc.s. The difficulty is not in him but
»f>eak lo tlie hill, and as *oon as I had concluded, elusion, w hich thr ,*oimtor proclaimed would j *'• his subject. He who undertakes to prove
the .s.-r.ator from >la;^chuM Its aroae, I «ill not . h(* nppnre-nt, if the resolution was re-i that this constitution is not a compact, un-
■ay to n-i.ly to me, and certainlv noi lo discu« dur^j into ron>.titutional liiiigtiacr'’ For dertnkes a task, w hich, be his strenrth ever
Ihe bill, but Ihr re«..lution* wh«h h*d b* en laid on .i .• • r.
Ihetahle. as I h.ve slated. I do not sUte the« PO« ersof conrrp.
lion, I cfmnot pierceive the slightest ditler-
enco lielvvern the resolution at first intro-
^.. faci* in the way of complaint, bul in order lo 11
I; and that Ihe said (.'oTernntenl is nol made 1 '^hr .S. nator havingdirert
firial ludgr of the powrr* delegated to ii, »ince | ®rC'-”oent against my resolutions. 1 fill my- diired, and as it is prop€>«el to bo amended
■I-^Id mak* Its disereiion. and n.4 Ihe Cot,. c®«"pelled to sen. the h-.t opportunity lo cill m conformilv wilh the Views of the Senator.
*'— - - thrm up from the ttuJ to a dtv i>r 4 i • . j . . , , ' j ’ i » 1 i * 1
ihrir^iM w.M)n.ini.SchcM- rwiionl) iluitbrsV- '»***» *hftt liiaHH holwren the cociMdcr reason which hc has assigned
naic would h.ar me in their viiidiration; lilt premises and comlusion, which .seems to this opinion.
would also aflofd me an opi«riunity ot taking ih.' «larlle ilio nnngmation of the S nalor, I I Fie thinks there is an incompatibility be-
ulKio, the Bieaaare of ns imwer*. hnl. that, a*
•!l olher raae* of eoait«ct among aotereifn par.
»ilh»ul any e«Mnmon judge, e«eh ha* an e-
'1 right tc judge for il»eK as w»|| of ihe infrar-
■' *• nf Ihe m^ and mea-nre of redress,
“ffess/fwrf. That the assertions that ihe peopK
liw*. I niled Stair* taken collectively a* indi-
i*l«. are now. or ever have been, united on the
“•ciplf ofthe «oeia| compact, and as such are
lifnird into our nation or p*-op|e, or that Ihry
T' fvrr h,-n Ml united, m any one sUge of Ihetr
Jit«-*leu»t n-f ; lhal Ih# pelople of Ihe several
Ciiion have not, a* member*
rntf, riUiiied Iheir aovereignty; that iHe alle.
of III. ir citiiens has heen transferred to the
‘I'l-ral t..„rmmrnl; that they have parted wilh
so greot, he must be oppressed by its
weight. Taking the whole of the argu
ment of the Senator together, I would say
that it is his impression that the constitution
is not a compact, and will now proceed to
, Xh^he'v a're^ir ^« contmuot.s and 'tween constitution and com'paci.' To’pro\^
The SeLior M. O K ' ' '""C- he addiires the words “ ordain and es-
men. ag'a.nt III reJ^utio:,. di;rc,;rhl’s'\^T4 State ri-.hto In. i tabli.h,” contained in the preamble of the
1 o prove that the Constitution is not a
compact, tl>€ ^nator next observes, that it
stipulates nothing, and asks, with an air of
triuinph, where are tlie stipulations between
the States ? I must express my surprise at
this interrogatory, coming from so intelii-
gent a source. Has the Senator never
seen the ratification of the Constitution by
Ibe several States? Did he not cite them
on this very occasion ? Do they contain no
evidence ef stipulation on the part of the
States ? Nor is the assertion less strange,
that the Constitution contains no stipulation.
So far from regarding it in the light oq
which the Senator regards it, I consider
the whole instrument but a mass of stipula
tion—what is that but stipulation to which
the Senator refers when he states, in tho
course of his argument, that each State had
agreed to participate in the sovereignty of
the others 7
But, the principle argument on which the
Senator relied, to show that the Constitu*
tion is not a compact, rests on the provision
in that instrument which declares that “ this
('onstitution and the laws made in pursuanco
thereof, and treaties made under their au
thority, are the supreme laws of the land.”
He asked with marked emphasis, can a
compact be the supreme law of the land J
I ask in return, whether treaties are not
compacts, and whether treaties as well as
the Constitution are not declared to be tho
supreme law of the land? His argument,
in fact, as conclusively proves that treaties
are not compacts as it does that this con
stitution IS not a compact. I might resC
this point on this decisive answer; but aa
1 desire to leave not a shadow of doubt on
this important point, I shall follow the gen
tleman in the course of his reasoning.
He defines a constitution to be a funda
mental law, which organizes the Govern
ment, and points out the mode of its action.
I will not object to the definition, though,
in my opinion, a more appropriate one, or
at least one better adopted to American
ideas could be given. My objection is not
to the definition, but to the attempt to provo
that the fundamental laws of a State cannot
be a compact, as the Senator seems to sup
pose. I hold the very reverse to be tho
case; and that, according to the most appro
ved writers on the subject of Government,
these very fundamental laws, which are now
stated, not only not to be compacts, but
inconsistent with the verj-idea of compacts
are held invariably to be comfiacts; and in
No man I that character as distinguished from the or
dinary laws of the country. I will cite a
single authority, which is full and explicit
on this point, from a writer of the highest
repute.
Burlamaqui says, vol. II. part 1, chap. 1,
sec. 35, 36, 37, 38 : “ it entirely dep« nds
upon a free People to invest the sovereigns
whom they place over their heads with an
authority either absolute or limited by
certain laws. These regulations, by which
the supreme authority is kept within bounds,
are called the fundamental laws of the
Stater
“ The fundamental laws of a State taken
in their full extent, are not only the decrees
by which the entire body of the Nation
determine the form of Government, and
aImo»i etclusively *j;«insi th. first, on lit. crouid Senator VIS- constitution. I confers I am not capable of
I siipiwsc. lhal II »a* ilie b..,M of Ui. othi r f«». IS distorti d by the moditim through p«Ti eiving in w hat manner the.se words are Uhe manner of succeeding to the crown, but
"'(•''mpatil.Ie with the idea that the Con-jare likewise covenants betw
would follow ot course. InOiM he «a. right. .A* tho stibirct; and that Ihe same distortion slitution is a compact. The Senator will
rtrVra^e. th*.VcTnn'ot“be a'd^nMtlVl^‘*‘t"u!. imnginnt.on this ! admit t'lat a single State may ordain a com
out admittinf tiir doi irinm for wlitrh I. and i^N glow, wherr not cvon ; pact, and where is the ditTiciiltv ; where
Stale 1 represent, contend. Hr Mr. U con- fissure exists, also presented that beaultful the inconipatibillity of two Slates concur-
I ".‘■"'"''.'•ed nodef„.ite 'ineamng; aid striipgling 111 a Iwg. he stands on the ever., tho.se on whom U opcmtcs.'irwould be“or^^
clearest deduction* , that Ihe conMilulion wa* a noun substantive, aid lastinc rock of truth.
•** •'‘•rf'ae of power on the
nf*! an adjrrtivr I rrjjri’l timt I have rxpo«id
lasting
1 dained and established—ordained and es-
uTu oHiberty lUel; •
"huh beiiig read
iV'*'*"!* *'' "’hen Ihe hill, wilh
n ij„- rr-rJiiu.m* are oniH-d. d, w*s under
' ' ••ion, il„, s.nat,^ from .Ma*aeh,i« tts thought
■ remarks a i>ert-it)al h. aring in
^ loiiiy*-|f. I had said nothing lo iiKlify
II '*'* **'"* r'Ktleinan. I had,
’"I', denounced Ihe hill III strong language,
; J';' ""’"P''' "'*n Uie rule, which gov. rn par-
- n«r stronger than
-iff ul'^i'^ **” *” • b aring on the
sm >1 "i ' " '* honor lo r^pre»eiit, tusliAed
^ »!.«* to understand whal moliv. ,overnrd
n)»rki*'"^ "i ■ »>*r*onal charael' r In his
r Wfi int.-iided any thing unkind, [here
rrri.^j . rertainlv not; and Mr.
icii ii I I " • ii''* nded if
nn.tir l ’^" hi« motives;! bul .till | niu.l Ih-
I'SI u. ** intended nothing unkind,
liveT . "'‘J" ' " as his
Us I • * ■ eauM- which he f. eli to l>e
JTI’’ be discussion a persinal direc-
td.hnir, bis e^f« rience as
fftlKi I'**"® •“Ughl liim lhal it waaoni*
iri ^♦*virr« whirli Bridotn fHiU fo rrtrl
l-nnr. *"'*■ If his motive was to
prilv «i!i “Hacking one who volun.
i),.i Vk" * duly—from a deep eon.
*nd the ('onstilutnm wi're at
U'slioir'l '“'I'.*"'** w'i'b an unpopular
Penitv u *” ’**•* ■ * nse of
^'ecUcn inipi lleil him in nii oppMile
Ainoug tlii: jK>*iibIe motive* which
of its beiiig a compact, is taken from that j covenants are obligatory between the con-
^ '•'•""••I'Jovernmei.i, or *ny of lU dr. myself t7^the"criti I'^'n of tbcXna'io'r.*”i i ^ Having now noticed the criticism of the ] tablished hy the joint authority of firo, in-
authority from such erron.-ous 1^ dtd not intend t > ii»c anv expre 'i.m of a doubu Senator, I shall proceed to meet and repel 1 Stead of the single authority of one.
■ir. i^iy of Ih. Hales; lo d.stmy the federal! not lo design. I truM. leiw v.r. thst Ihe Senai.* ? J Ht.ainst the Strong point, j advances to show that the language ot the
• ”.1 **'■' * *'“'’• r‘’*r on its rums a I will c^cu*.' me. when In- comes to I,ear mv apol». J',"’ the citadel ol State rights. | Constitution is irreconcilable with the idea
'I"i»trd (...vernmeni. Hithoul c. nstitutional ICV. In matters o( ciitieui-,. auihotiiy is of tie The S»-nat«»r clearly |>crccived that if thc - . i
or iniitslion, and whieh miiHt n ccssarily hishcst inijiortance, and I hive an aulhorily of K> Coiistilution Ih> a compact it was impossible
high a character, in Ihis ei»e. for uning the e-. to ,]pnv the assertions contained in the re
pression which he considers so ohsciin and W i . ‘ . ,u-.
Cncc-I.titutionsl. as will justiiy me even in liH Consequences
eye*. It IS no lessthan the aiitliority of the.Sei. ' had drawn Irom them, and accord-^
ainr hiins. It—civen on a sohnin o-casion (th» ingly ilirected his whole fire against that j of a superior to an inferior; and that there-
discu*.ion of .Mr. F^fs resoluiior,,) and doubi. jM>int; but, after SO vast an expenditure of I fore it was not the language of a compact,
weighed ilfe^JlceVf'^h'e'eTi^ellmn..^^^^^^^ amniunilton, not the.slight^t impresion,so j which implies the equality of the parties.
betwixt the People
and the person on whom they confer the
sovereignty, which regulate the manner of
governing, and by which the supreme au-
thorilv is limited.”
“ These regulations arc called fundamen
tal laws, because they are the basis, as it
were, and foundatien of the Sta'e on w hich
the structure of the Government is raised,
and liecause the people look upon these
regulations as their principal strength and
support.”
“ The name c.' laws, however, has been
given to these regulations in an improper
and figurative sense; for, properly speak*
mg, they arc real copaiants. But as thoso
portion ofthe instrument which here impo
ses prohibitions on the authoriti’ of the
States. He said that the language used in
imposing the prohibitions, is the language
V. read iioin Mr W. h-iter’s sjHi ch in reply ti perccive, has been made. At j .\s a proof, the Senator cited the several
Mr. Hayne, in the .Snaie of ihi U, S. delivcrt'4 ‘he work is not reduced to that heap I provisions of the C’onstitution which pro-
.lauuary M, 1K10, as folli.ws;) of ruins to w hich the fire of the French ar- | vides that no State shall enter into treaties
The domestic slavery ofthe South I leavi tillery reduced the citadel of Antwerp. I ]of alliance and confederation, lav imposts.
hands of their own gou w ill not, however, pretend to decide wheth-
iment*. Iti.tliurairairnoi mine Nor do I j, diflerence in the
nplain ot Ihe peculiar ellecl which the magn. , ^ ^ .. • ,
le of that population ha* had in the dislribiitioi “"I* ‘I'** a^snult, or in the dll-
where 1 find it—in th
ernmenu.
com
lude of that populal
of (mw-ef under iho Federal Covernment. Wi ference of the strength of the Works. Rut,
know sir, lhal Ihe r preset tntiou of th.- States ii to drop the simile, nlk*r a careful examina-
ihe other Mouse is not .tpml. W.' know tlwt tion of the notes which I tix>k of what the
c :i;: ^'“i-
intended equivalent for lhal advantiig.', ihni is t» W’liether, in the opttiion of the Senator, our
*ay, Ihe imposition of dire.i taxo* in the *iime ri*. Constitution is a coni|>act or not, though the
lio, ha* iH-eome metely nominal; the habit of th»i almost entire arguiiient of the Sei'ator was
t;overnm..nl biMnir almost invariably to eoIh«t, At one time he
It* ri'Vi nuf from othrr fiourroa and III (illu r mrxirs ,, * i i j 1
Neverlheles*. I do not complain; nor would C ‘•‘''‘-'Ctly and positively
cotintcnnnrt' aiiv int»vrmrnt to iiltt'r tJiia arrun^r- ®hal it was a coni|>tict, while at another hf*
meni of repreMcnintion. Il is the original bar ' Would ap|M'ar in language not less strong to
gain—the eon.Miact—l.-l it stand—let the advaiv aJmjt that it was
Uge of II Ik. fiiily enjoyed, -n.o Union itself. { , , „ ^ ^ ,
loo riill of Ih iu fits lo lie hiiiarded in pfopoailio» . , , , , ,
li'r changing its original basis. I go (.ir the Col- upon this point; and that what I have
Sic. without tht assent of Congress. If be
had turned to the articles of the old Con
federation, which he acknowledges to have
been a compact, he will find that those very
prohibitory articles of the Constitution are
borrowed from that instrument. That the
language which he now considers as im
plying superiority, w as taken verbatim from
It. If he had nttforitsd .^researches still
farther, he would find that it is the habitu
al languags used in treaties, whenever a
stipulation is made against tho performance
of any act. .\mong many instances which
I could cite if it were necessary, I refer the
Senator to tho celebrated treaty negotiated
trading parties, they have the force of law's
themselves."’
The .same—2d vol. part 2, ch. 1, see. 19
and 22, in part. “ The w hole body of tho
nation, in whom the supreme power origin
ally resides, may regulate the Government
by a fundamental law, in such manner as
to commit the dilTorent parts of the su
preme |K)wcr to dilForent persons or bodies,
who may act iiulependently of each other
in regard to the rights committed to them ;
but still subordinate lo the laws from which
those rights are derived.”
“ And these fundamental laws are real
covenants, or what the civilians call jy7rfa
conrerita, lietween the diff-ronf order* of tho
Republic, by w hich they stipulate that each
shall have a particular part of the sove
reignty, and that this shall establish tho
form of Government. It iscvnieot that by
these means each of the contracting par
ties acquires a right, not only of exercising
the power granted to it, bul also of pre
serving that original right.”
A referrnce lo the constitution of Great
Britain, with w hich we are better acquaint-
•tiiutivju »i It i«', aud for Uic I’liiwi an it is. liuil stated may not .'ippcar exaggerated, I w ill Constitution is employed.
by .Mr. Jay with Great Britain in 17M, jed than wilh that of any other European
and in which tho very language used in the j (Jovernment, will show that it is a compact.
Magna Charta may certainly be reckoned