110. 17--:v k T v
HALEIGII, IT. O. FRIDAY, APIUL JLS, 1033
VOL. 2TIOV
Jnd Aorth Carolina Gazette,
TKKMS,
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I SPEEC tl OF I M It. C ALHOU&
L tlx resolutions submitted by bin in he,S-
gtte ot tb Unitea state aurinj the law les
ion CnSre,, relitlTS to the power of the
General and State Governments.
Mr7 CALHOUN laidf - When the
II. with which the resolutions are
nnnKfearti'ddiicoiironj'-the
enator from Massachusetts thought
roper.te give his remarks a personal
firing to .reference to myself, I had
lid nothing to justiiy . tors, course on
fiit f that, gentleman, 1 had, it
irne. denounced the bill la. strong
..u. ,hirh "crneem narlTamentif r 007
niis j"--c- n . .r- , r . 1
IpmTmm permit; nor, stronger thaa the
,cy n r . . -. i r
jfaCter 01 ine Ol", nu ueartngpp
jhe State which it U my honor to re
f-lrtdha
iTi wilt not IheriaTWtlsrf intend
d if such had been his inotivesjj out
till, I must be nennitted to, ask, if he
otended nothing unkipili what wss,the
,hject rtha Senatort , ;,vvas his motive
atrenKthen a cause which he feels to
wcatrbygiving"lheisuso
Wsohal direction?; If such was hit
aotive, hW experience at a debater
Wht to' have taught blm that it was
Ue of those weak devices Jvhich teldora
fjilt t react o those ,rha report to jt,.
if hi motive a to acquire popularity,
cv tttaeking one who volantarily, and
rem a tense oi uuij-t-huim
rUtioathatJ'rrtylHdh
ution were at ttake, bad identified
.mwir with an anDopular question, I
C.tt aa'ta dim. that a true sense uf
lignity would hav impelled him in an
ipposite directmn. Among the posei
tie motives which might have iofluenc
i aimriherr it- another, t -the impu
ttion of which he It " exposed, but
thich certainty I wilt-ot attribute to
iiia that hit motive waa to propitiate
a t certaio high quarter -a quartet in
,bich e must tbolfiariio onefitil
;9ld be more accepiabjehan?the:im?:
nolatioo of the. character of him who
itw' addresses you. But whatever
my have been the motive of tbV Sena
or, I can assure him that I will not
ollow hie example. I never had any
uclinatien ta gUdiatorial. exhibitiona in
he halls bflegislation; and if I now had,
! certainty would not indulge them on
a solemn a question; a question which,
a the opinion of the 8enttor from Mae
sichttsettt, at expressed, in debate, in
rolves the Union of these Statea; and
n min. the Libertr and the Constitu-
ion of the coitntry. Betore, However,
tsnclude the pretatory observations,
Bant allude to the remark which the
mfor made at the termination of the
rjqment of my vfriend from Mississip
I. IMr. roioaeXter.I t Mnueraiuou
he Senator to tay that, if I chose to put
t issue hit character tor consittency,
e stood ore oared to- vindicate ; his
WutselaMure, . Jhe Senator that I .
fsr.tiyv 11V IUw -vm "iSj Tw " .
consistency, r that ol any other, mem ...
ber of this body. It it a subject in
which I feel no concern; but if 1 am to
understand the remark of the Senator
at intended Indirectly as'a chaltenge,
to puTirfiWue-the-eonststeney-aFHny
Vnnrt as eomDtred to his own. I have
!to tar that, although T( do not accept of
hit challenge, yet it. he enoukl think
"proper Vraake a trial of characterioo
that or any other point connected with
WrpuWic-on4uct,-aod-.wUlaelect..a
.Wtable -occaaioni - I ttand , prepared ..to
'vindicate my course, at compared with
Vis, or that of any other member of this
body, for con8istency f onduct, puri
f of motive, and devoted atUchraent
.to the country and its institutiont.
Having made thete remarkt wnicii
! -. . . .
piive been forced upon mr, I shall now
l .1 ' . 1 . id. .nL!rl mffr0
.the Senate, and in order that it may,
(with'' all ittbearinge. be fully under-
mch I introduced the resolutions.
They were wtroducedjn-,cocnexion
with the bill which hat. passed thit
House, and it now pending before the
other. That bill waa couched in ge
neral terms, without naming South
Carolina or any ether State, though it
was understood, and avowed, by -the
Committee, as intended to act directly
on her, j'T ''r .''-
' Believing that the Government htd
no right to use force in the controversv,
and that the attempt tbintrbduce n
rested upon principles titterly tubver
tive ot the Constitution and tne sove
reignty of the Statet. I drew up the re
toluiiout, and introduced them , ex
pressly with the view to tettthose prin
ciples, vith a desire that they thould
b discusaed and voted, on Jbefore the
biU reaae up for consideration The
(&ZlrtUeM m tdcr on whicfiihey are based:
L. Jiki - rm-tainlr itoti-and- Mr.: Ci re-1 hie arrnmcnt' asainsi the reso!
majority ordered otherwise.: The re
solution were laid on the table, and
the bill - taken np-for dicusiion. ...Uar
derthi arrangement., which it wa un-
Jderetood originated with the Commit
tee that repurted.lhe bill, I, of course
concluded that its members would pro
ceed in the ifiscussion. and explain the
pnncipiei, anu ine necessity iodine
rr would
enter mtn the dimusiioo, aniLparticu
larly those from-South Carolina; urf
demanding, however, that by the ar
raogement of the Committee, it w al
totted to the Senator from Tennessee
twnrlse--th1iJscuHion, on the bill, I
waited to the last moment in expects
tion of hearing from the Senator from
Massachusetts. He is.a member of the
committee. But not hearing from him,
rose to speak to the bill, and as soon
as I hail cnntludedj the Senator from
Massachusetts arose, I will not say to
reply-t meiniT cerUioJy not to tlisllspeech- id. fcongrtss, kpciking of. the
cus the bill, but the retutions which
had been laid o.n the table, as I bare
stated. I di not state these facts lit
the, way of complaint, but in order to
explain my own course. The Senator
having "directed his" argumentagaint
ToTiei zelne-firstr ppftrtumty - io-ea H
them up from the table, ami to assign
a,day foe their discission, in the, hope
not only that the senate would near
me in their vindication; but would also
for t j!pjHsttHiy "W.JWitajf ijte
prioci-H
Missachusctts, in
utions,
dtretledisattacle almost ie4osivyls
against the first, on the ground, I sup
pose, that it was the basis if the other
two, and tftirtfnlesrbe;fi
demolished, the others would Xoftow of
cou rse. In this he was righ t. As
plain and s simple at ihs . facts t con.r.
tained in the first are, they cannot be
admitted' to be truei without admitting
the doctrines for which I, and the State
I represent, contend. He (Mr. W.)
commenced JiUatiack:
Criticism .on the resolution, in ihe
J aMa nl ikia Kf c -nn I Vt at nrast
course of which he"objected atrot"Styitirei
i ,.. . mi i ' . eomponne theae United State, are united at
two svofdsj 'coftititutional!' and ' ac
cede." - To the former, "on the groii nd
that the i"word,"ti 'utedrtcohittlutroifai
compact,) watobscure that it con
veyed "no definite meinrbg;and :that
the constitution was a noun substan
tive, and not an adjective. I regtet
that I have exposed myself to the criti
cism of.ihe Senator. " I certainly did
not inteod to use" any expression oFajmiset and eonctu5ion.-which the Sena-
doubtful sense; and if I have done to.
the Senator must attribute it to the po
verty of icylanguage, and uot to de-
BTgh.nt
tor' wilt excuse tner 'when be cornea t
hear my apology, In mattera of criti
cism, authority is of the highest impor
tance, and Thave an authority of to
high a character, in this case, for us
ing the expression which he considers
so obscure., and so uoconstitutional. at
will jastif mu xvenjnj hisry eaV Itis
no less than the authority of the Sena
tor himself given" on a solemn occa
sion (the discussion en Mr. FooCt re
solution,) and doubtless with great de
liberation. aficr,vhaving duly weighed
the force of the expression. Here
II rr:: CV - read iron .M r, AVebster's
speech in reply to Mr, Hayoe. in the;.
Seoate of the United States, delivered
January 726, i 183fi as follows.-
"The domestic slsvery of the South
t leave where I find it in the hand of
their own - governments.-It is their
affair, not mine. Nor do 1 complain
of the peculiar effect which the magni
tude of that population has nau in me
distribution of power under the Federal
Government, . We know, sir, that the
representation of the Statet iq the other
House is pot equal. We know that
rreat advantage; in that respect, it en
joyed br'lhe stive holding States; and
ouivalent for that advantage, that ie to
tay, the imposition of direct taxet in
the tame ratio, hat become merely
nomioalHhe-habit of theJJoveirnment
being almost invariably to collect its
revenues fronvother source soa in ptner
odet NevertheleW,.M
. . . . " - "T1t: .: '- il'-.-hj! :rt-i .",. -a..- C 1...
plain; nor : would i countenance any
movement to alter thit arrangement of
representation. It is the original bar
gain the compactlet it atand Jet
the advantage of it be fully enjoyed.
-. . It-! V.. tr . " t t r I :.
ine union itseu it too tun ni uencuie
to be hstafded Tin proposition
lorn
changing its orginal basis. r 1 go for
the Constitution t it is, and for th
Union at it is.. But I am resolved not
to" subtnitr in - silencer to accusations,
either against mvself individually, or
against the North, wholly unfounded
and unjust eccusationt which-impute
to ut a disposition to evade the comsti
TUTiOKAt compact, aod to extend the
power of the Government over the ir.-i
ternal laws and domestic condition of
-the-State.'.'.'.-..:.-.-.: -yf'v --.".-
It will be seen bv thit extract, that
the Senator not Only uses the phrase
" constitutional campact,V which he
now ao oanch condemns, but, what is
still mora imnortant, he callt the con-
ttitqtion Ttsetf t compactr! a bargaioy
which contains important eomiaaiona,
having a direct and powerful bearing
on the main issue involved in the dis
cussiOn, as will appear in the course of
hit remarks; : Hot. B ttrong aa nit on-
iection it to the word constitutional,"
It 'ia trui-aHroDgct: mjuizy.zz: Zz.
.- L..3
cede, which, he thinks, has been in
troduced into the resolution with some
d eep design, as, 1 su ppose, to e nfrap
the Senate into "an-, admission of the
doctrine of State rights. , Here, agsio,
jmot inciter myteljf under aothoritr.
uut i suspect mat tne senator, by a
sort ot instinct, for our instincts of
ten straocelr run before our know-
;ii&LtiJSevIn MchS?!,,l
account Tor .foiaveraioQ'frrTnV
that this authority wm no. less than
Thomas Jefferson himself, the great
apost of the droctrineoT State rights.
The word was bo rowed from him. - It
II was taken from the Kentucky resoNi
trarwenillh'eHittfiBcTonne re"
snlution itself. But I trust thiTt msy
neutralize whatever aversion the au
thorship of this word may have excited
in the mind of the Senator; by the in
troduction of another a thort tba t
oi Washington himselt who. tn , his
artmtssion of "Nitrth Uarolina Into Uie
Unioa, uses this very term, which was
repeated, bv the Senate in their-reply.
Yet, in order to narrow the ground be
tween the Senator & myscl as much as
PM sible. I Mrill accommodatejnjjelLta
his
strange antinathv against the two
unfofntteworrby striking -the nv
qut of the resolution, and substituting
Linjt,heir :place thoie very Swords whiqh
the. senator iHmself has designated as
constitutional phrases. In the place of
tntjtaYe4: adjyei;ttmtHjaiiiafe
at' t will insert the very noun sub s
stantie, " constitution;an(l r in the
place tf the word ' accede, I wiH in -sert
the word " ratifv," which he de-
. Let us now see how. the resolution
stand, and how it will read after these
amendments 4lere.Mr. ,C. sjidtlie.
resolution as introduced reads -
Resolved, 1 hut the peoiile of the tcveral State,
.eonjposjng - these JUoi5utei, are united a
parlie to eoliilitut;-naC eomptct, to which the
peopra tii eacn sihiq aoveiieii a avpwiue ami i . i .
nwii. anmmunilv. ah hindlnv tl n-tr Irv tliOttTltrT W1JO-
ovn particular ratiliuuon ana. that the Union
of vhioh Ihe said eompnet i the bond, i an U
nioq between tte Statet ratifying the same. ,
&A s proposed- to be Impended
parties to a ootnfmct. nnilcr llie title uf the Hon-
litution of the Uoitecl Sltet, which the people
ot each Statetatnied asa-aMtrateand aosereiga
eomnianityt each binding itself hjr its own par.
tieulai ratification, and that the Union, of which
said eorapatt il the bdtitf; h ait I7nht tow
the States ntifj-inj the same.
Where, sir, I ask, is that plain case
of revolution? Where that hiatus, at
wide as the. globe, between the pre
tor proclaimed would be apparent, if
the resolution was reduced into consti
tutional language? For- my parf, with
mv-oow rwwers of conxeptionr,I,co.;
not perceive the slightest dilTerence be
tween the resolution at first introduc
ed. and as it is proposed to be amend
ed in conformity to tne views of the be
nator. And,, instead of that hiatus
between the premises and conclusion,
which seems to startle the imagination
of the Senator," lcan perceive nothing
but iTEontinuouiand olif turfacer-euf-
ficient to sustain the magnificient su
perstructure of State rights. Indeed
it teems to me that the Senator's vision
it distorted by, the medium through
which he views every thing connected
with the subject; snd that the same dis
tortion which has presented to his fma
gination thit hiatus, aa wide as the
globe, where hot even a fissure exists,
also presented that beautiful nd clas
tictl image of a strong man tlruggliog
in a hog, without the power of extricat
ing himself, and incapable of being aided
by any friendly hand, while instead of
struggling in a bog, he stands on the'
everlasting rock of truth.
Having now notired the criticism of
the-Senatori- l-eha.ll: preceed to meet
and repel the main asssult on the reso
lution, lie directed his attack against
the strong point, .the, very horn of Jhe
citadel of "State rights. The Senator
clearly perceiveitllsat tf hr-twrtJrtittt-4
tlon be a compact it was pnssioie to
deny ,the assertion contained in the
solutions, or to resist the consequences
which I had drawn from them, mid ac
cordingly directed his whole fire against
dfture of trohiunirion; hot the ialightest
impression, so far at 1 can perceive,
hss been made. At least the work it
not reduced t that heap of ruins to
which the fire of the French artillery
reduced the citadel of Antwerp. " I
will - not however, pretend, to decide
whether this it owing to the difference
in the skill and force of the assault, Or
in th difference of the ttrength"of.the
works. . But, to drop the .aimileaftef a
careful examination of the notet which
I took ot what the Senator said, I am
now at a loss to knowwhethe.rinjlhe
opinion of the Senator, our constitution '
is a compict or not, though the almost ;
entire argument of the Senator was di-
rected to that point. At one time he
would teem to deny directly and posi-!
tivilV that it waa compact, svhiie at t
another he would appear io language
not Jeat ttrong to admit that it was. .
I have collated til that the Senator
hat taid upon thit point; and that what
I have lUted may not appear exagger
ated.-I trill read hi remarks. in juxta
position. He taid that
; The constitution meant a govern
ment, not a compact. Not a constitu
tional compact, but a sjovernment. if
comnact. it rests on plighted faith, and
iue,jnodt;jfre de
dare the whole voij.' 'States may se
cede, if a league or eompac;.
I thank the Senator for. these 'ad
missions, whtelt I intend to use hereaf
ter. T-Here Mr. C. proceeded to read
from his notes. " - t ' ..,7- ;
J " 'llie States agreed that each should
participate' io theTOvereignfy of the
Certainly, t very correct concep
c6nstttuti6rirburwTienrm(ru
they makeHhat agreement but by the
constitution, and how could they agree
but bv compact? '
, "pThesystem, not a compact between
,SttCa.thek..sxiereigaapMityrW
a government proper, founded on ihe a
doption of ihe. people, and creating in
rlrvidunl reUtinns between itself and
tlif cit'iAens." r.
This the Senifor Iny down as a
Jeading, jTHnJjLijoenjyii PX' Jifipi? Jill ?!!
tain his doctrine, and t must say, hy a
Atranje confusion and uncertainty of
ianwuig;l hot. certainty, to be f xpaTit
eil by any want of cmninaml of the most
appropriate wonU on his part. -
" It does not call itself a compact,
but a constitution, Tli-consttoiiw
rest s onj-sfcora pact,- bu t -i fe is n4 tgera
j-r-1 wuld sk tOrwhat com pact tlnra lb
VSVVpav
S.envtor refer, as that on which the coni
stitutioft rrsts?,Ll3efore the adaption uf
the present constitution, the States had
formed but ooc compact, and that was
gentleman does not intend to assert that
th present:onstitutifln re,sts upon thatf
uaat, then in meaning? Wnax cm
it be, but that th. constitution itself is
a. .cotDpsstJLS Bil h ojw jyllbl.ilanguage
read when fairly interpreted, but (Hat
the constitution was a compact, but is
no longer a compact. It had, by some
means or other, changed'tt nature w
become defunct
" A roani.; ia' almosrin'ftui'St
ca'ls the. constitution a
VUllipSVti
nmntif " '
I fear the Senator, ih calling it a com.
pact, a bsrziin, has called down this
heavy denariciation '"on
bit own bead.!
He finallv-tatea4hat
1 1 is found ed on com pact, but not a
cempietwultajrqnia
-To-what are-werio-attribute .4tel
ttranee confusion of words? The Sena-
-tor has a -mind ef high order, and per
fectly trained to the most exact use of
language. - No man knows better the
. r . . .
precise import of the words he uses.
The difficulty is not in him but in his
sbjetHeha.4indrUkettorjive.
that this constitution is not a compact,
undertakea a task, which, behis strength
ever to great, he must be,oppressed by
itAlweighJU,
argument of -4h e Senator . together, J
would tay that it is hit impression that
the constitution is not a compact, and
will now proceed to consider the reason
which he hat assigned,, for this opinion.
,' He thinks there is an incompatibility j
between constitution and compact. To ( the Nation determine the form of Go
prove this, he adduces the word r-4 vernment, and the tnanner uf. succeed
detn an4-eMaMi
freamWe of the constiturionrrl confess nants betwixt (he people amljhe persun
am not capable of perceiving in whatjon whomihey .confer thts'-snverjeignty,
manner theae words are incompatible which regulate the manner of governing
with the idea that the Constitution is a ;
compact. The Senator will admit that
a single . State mas ordain a compact,
and wbere'is the diUictt'ryi tawhere the
Tncompatibttity ' of two Statea -concur-rimr
in ordainin? and establishing a
constitution? As between the Statea
themselves, the instrument would" be a
compact; but in reference to the Go
vernment, and those on whom it ope
rates, it would be ordained and estab
lished ordained and .established by Ihe
joint authority of two, instead ol the
single authority ol one.
Tne next argument which the Sena.
tor. advances to show that the language
of the Constitution is irreconcileable
with the idea of its beiag a compact, it
taken from that portion of the instrument
which imposes prohibitions on the au
thority of the States. He taid that the
re-langaage used in imposing the prohibi
tinns, is the language of a superior to an
inferiofrarrdThattherefore-it-was not
the language of a compact, which im
plies the equality of the parties... As
proof,- the - Senator tshed i y the; teteeat.
provisions of the Constitution which
provides that no State shalkenter into
treaties of alliance and confederation,
lay imposts, &e. without the assent of
Congress. If , he hsd turned ' to - fha
articles of the old Confederation, which
he acknowTedg"es"td have been a "cotn '
pact, he will find that, thnseery-piro-hihitory
article of the Consiituiion art
borrowed from that instrument. That
the language which he now considers a
Implying superiority, was fskenerba
tin, from jt.:.Ifhehad ey fended his
researches stilt, farther,; he would find
that it it the habitual language used in
treaties, whenever a stipulation is made
against the performance of ,"any act.
Among many instances; which 1 could
cite 4fit were- necessary,,;! refer the
Senator to the celebrated treaty nego
tiated by Mr. Jay with Great Britain in
1793, and in which the very language
used in the Constitution it employed.
To prove that the Constitution is pot
a compact, the Senator next observes
that it stipulates nothing, and askt, with
an air of triumphiwhere are the evi
dences of the stipulations between the
Statet? I must express my surprise at
this interrogatory? coming Eroitf ;io in
telligeht'a tonrce."-. H it the- SeMtor
never teen the ratification of the Con
stitution by the several State? Did .he
not cite hem oh this very occasion?
Da they 'contain 1 no" evidence of this
s4pulation on the" part of Lthe States?
Nor isie assertion less strange", that
the Constitution contains hoafipalatior,.
So far from regirding it in the light Hi
which the Senator regards it. I conshfer
the whole instrument but a mass'of s(ip
to which the Senator refers when he
state, in . the Course of.' hit argiLHint;
that I'ach State had agre'd to .particit
pit in the soverHgntr of the others? "
Ba,--thetadp4fiTirtm?nC"W
which .the Senator relied. tohotV that
the Constitution is not a compict", rests
on the provision! , in that instrument
which declares that thiCnniiitutiun,
and the law tnad in pursuance thereof,
and treliyjiniile on
are the up?eme!TawV of"t&junaiiit',,j
lie anKe i, witi marked emp'n-u. ran a
BflitbtUp
land? ( ask. in- return,' whether- trea
ties are not compacts, and whether
treaties as wellas the Constitution are
he-upreue4a jtfj
t he 4 snd? - II is-argitmentijn -factrt t
conclusively proves that trestles are not
elconipacts a it d net that this constita ;!
tin ii is not compaftt. I m'ght rest this
point on this decisive answer: but as I
desire to leave not e shadow ofilmibtrrttu'wnfjhjtuai of'Amer-
on this important point. I shall fottow
lie i tlftfifie i contitulion fo be a fun-
ijjtir?ttti iivr,-whieh-fi:itni35e4he Go
vern me nt, n d - points Lou t th e mm e of
its actiun.l:-I wilt hat object iothedei
ffmiloh. tloalrTi7TirmvTiDtnTdT
appropriate one, or at least ouej better
adapted to American ideas could be
fiWakMyoRttio n ji naUt? Jh e. d e .
finitinn, but" to the attempt to prove
(hut the fundamental laws of a - State
caiTribr pe S
seems to snnpose. I hold the verv re
verie to be the case; and ibit, according
to the .mosf approved writers on the4nioih Mtabli'
suhifctof Governmeht, these very fun
dttnentat Jawy which?.arav, now stated
noLonly ootJo .bejtompacti, but incnn
siitent with the very idea of compact,
are held j n v ariabjy to bo compact; a ml
TOhaJicharctera
the ordinary laws of the country. "I
will cite a sinlt authority, which ii full
and explicit on this point, from a writer
of the highest repute.
- Burlamsqui tiy. vol. 11. part I,
chap. J, sec. SJ. 36. S7, 38: " It entire.
If (iepe.i.U upon a free people to invest
the sovereigns whom they place over
their head with an authority either ab
solute or limited by cet(iin laws.
These-. regulation sTbywhlchtheu
pFeme aotKf)Tp.CMO
ars called the ftmdiyitnw laws of the
State" , '.'.-.. ' i.' -:.!!:
The fundamental laws of! a Stale
taken in their full extent are Bot only
the decrees by which the entire body of
and by which the supreme authority is
limited." ;.
" These regulations are called fun
damentaij,4wj -beeu-thy- are- the
basis s it wertsand foundation jof the
State on which the structure of the go-
jvernment isjiied, and. bfeaose the
people look ..upon these Yegulatious as
their principal strength and support.".:
" The name of laws, however, has
been given to these regulations in an
improper and figurative sense; fur, pro'
perly speaking, they are rtat tovtnmtv
But at those covenants are obligatory
between-lheoofttfactingarUer4hey
have the force of laws themtelvei.M -
The same 2d vol. part 2, civ-1,
sec. 19 and 22, in part . "The whole
body ofthe nation, in whom the SU pre me
power originally reside? may-regulate
the Government by a fundamental law
in such manner at to. commit the exer
cFse of the different parts of the su
preme , power to different persona"or
bodies, who may act independently of
each other iir regard to the rights -com
initted'te themY bu
to the lawa froth which those rights are
derived." 1 , -('.f v-r---'''.' r
And these fundamental larwt are
real covenants, or what the civilians
call pacta conventa, between tho differ
ent ordera of tne JlepuMic bv which
they stipulate that each shall have a
particular part ofthe-sovereignty, and
that thia shall establish the form of
GovernmefltTiIi,: it r evident. lhaCby
these meant each of : the contracting
part es acquires a right, not only of
exercising the" power granted to it. biit
also of preserving that original right.".!
A reference to the constitution of
Great Britaini" with which we are bet
ter acquainted than. " with that, of.any
other .European. Goverjfmentv .will
show that ! it'la a cbmpacf. Magna
Chartamay certianly be reckoned a
morig the fundamental lawt of that
kingdom. J Now, although it did not
assume originally the form "of a com
pact, yet before the breaking up of th
m6etin of the Barons, which imposed
it on King Johnrit was reduced Jnta
the form of a covenant, atd duly tiger
ed by -Robert Fitxwalter and others.
pv
the -c
pn;thejne nart, and the K.ing on ;tae
otheri ' - -
Batwe hive a more decisive proof
that the constitution of England it a
compact, in the resolution of the Lords
and Coinm jnsin 1633, which declared,
tht King Jame the Second having
eitdoavored to subvert the constitution
iiff (he kiig loin, by bmk ing the origin
al Contract bet ween the king nd peo
ple; and havinj, bv the advice of Jesuit
ianu other wicked persons, violated the
self out f the king loiii. hath abdicated
the ,Gie'rninbht-iin'l,that the throne
is thrrbyh'ei.oine vacant'.? t'" v '
upu- the "ubjct f Government, or "
inquire into the constitution! of foreign
SUi when 'there, are softh 'decisive
proofni t'ut ou Constitution is a com -ptci?,
Oi thUp-iint ihe Senator is el-
tikpiptd. j I luirrow I coin the gentleman.
and thank" Mm fir the" word.' His adpt- i :
eT S? a f e7wTiTcf ioTaut ?epre'sertl'
on t'u n mr, ami his native State, the
Stiiof M mkitiimwmi .Near Hamj:"rf-shn-e,
borh t j.clared, in their rati fie al ion
of the const Itatiirn, that it was a com "
psctT.ae. ratnleat'ioa of' Mitaactui'
setts it in the fvillwia? '"rIst . i ,
. PenpU ofihe (hmwnwedM of Afur
. iaf.tmU 6.1788.! - - - -
TJCrvenior h ivifi" m p rt iatfy7:
dicosed ahd fully considered the Con-
ica, reported to Congress bf'the Con-'-.'.
ventiort of l)jle 'ite frm" the United '
ta1eao?TffW
by fiMnturbn-trft'it General Court
saidIComittjiweaijh ;jheV2Jth;
f'lging with grateful heart the gW1'
versei m ail truing: ine-.i vupie oi,,tne
United States, il jne course of hU pror
vidence, ! an pppxwtunity, deliberately
and peacftbty,rf,
prise, of entering into an .exoHcit and
atrma-?cmpac:vUhu-Lsk:erY
assenting to 4nd ratifying a new consti
tution, tn orrter to t,urm a mare perlect
tic tranquillity, rovida forthe com
Won defence, urujnotu ,tm genera!, wel
fare; and tecure the blessings of liberty :
fo"theinfelye indjof lassachusettsf T
assent to, and ratify, the said Constitu- 1
tion for ; theUniied Sutea ofmerv-S-f
The ratification oL New Hampshire '
IS; taken Irom that ol . Massachusetts,
and almost in .ihe . tame !Vord, Bat i
proof, if possible still more decisive,
may be found in the celebrated resolu
tions of Virginia,. ol the alien and ie-'
rtiTJonar3nf98rl iho-fspas
of Massachusetts and the other States.
Those resolutions eipwssly assert that
the CtHistitotioft 4-n compact between.!
th'lStarFr"fnrthfoilownyHanpi
ere M r, U. read Irom -the resolutions
uf yirg1nla",aafonowfj TTvu".""
!,;'Tht. thit assembly doth explicitly
anj peremptorily declare that it Viru'
the power vf the federal govemmmf, at
multingtom the compact, lit which the
plain and utftftliontofi Ihe inirtt''W
mmi, coniJuiinsr thai comnaa nrnir"
farther valid thaii lhey:pulhorlxtiil
by iie grantt enumerated m that cons- j
pactf and that; in edie of a deliberattt
patfiuhle and dangerout exercise of other-,
power not sttahted bo ihe taiJcnmndct.
iht&ittti jpJMr r partie thereto have
i. ri. r -.... j..,..' i i:::. ft. f
ie'poiefor arresting iheprogres- ofthe
cil,an l for maintaining, within their
reip'cttoe limits, the author'dieK right.
and lihertie jippertaintngjtf lhem,''K;2l-J. I
."That !hn General AsembI doth " I
also express itt deep, regret that a spifV
it has ioaundry instances been mani
fested by the Federal government ti
enlarge itt powers by forced constoctions
of the constitutional charter, which de
fines them; andthst- indications have
appeared of a design to expound certain
general phraset.fwhichhayjne. been
copied from the yerylimited grant of
powers in the former article of confed- !i"!
eraTion,iW6fnhileir:tiablff to ba mlt -"
construed,) so as to destroy the mean,
ihg aod effect of the psrticolar epumer f
ation whicli-necfssity expUinaJ antl.lim?-;'
ita the general phrase, and to! s to",
consolidate': tht Stqte by , degrees into ;' ,
J$MV?ffi Tt
and inevitable result 'tf whkf7wQulile?i:
to transform the present republican y- j
few of ifu United Stale into an altsot:f j
lute ot at lest, a mxidtnonarchy VTr
f. They were sent to the aercral $tate. ;
We have the reply of Dlaware,. Near ij
Yorl: Connecticut iNavi illaotpshireal:.
Vermont, and Massachusetts, not one f
of w'dch contradict this important at- I
tertion on the part of Virginia; and by
their ettence.-f hey all acquiesce jniU
t ruthi-vTbe case is still ttrojigeragaiaitf r
M sstachuSett, which expressly. recog-"!! '
nixes the fact that tha Constitution) a
compact.'.-;?!': 'vi-A:4Ui:FXi:Y,!'.x ?
; In her answer she tayt Hre,Mr," !
C. read from the answer tf Massichu
setts as follows "But they deem ; it
their duty aotemnly to 4ecUre that;, s
while they hoid' sacred the pruiciple i
that consent ofthe people is the only
pure Source ofust and legitimate power, -they
cannot admit the right ofthe State
Legislature todenounce the sminiitra-
tion of -that government to!" which Uie
people themsexve, bya sokmn, compact
have exclusively: committed their na-
I '. . . " 1 .1 L -
TH"
uonai .concerns . son, uuous'i-, aj
liberal and enlightened vigilance among; '
the people,! always to beher"uhed,'yet i !. :
aftSinreaeoAabl jealuwyoitisfj;
I
i