f 1-.'
r
ft. u
I
4 r5ui WKKLT,
"7. TEB.M3.. ' '..'-' "l"'
t J be allowed to reraaio In er lanpsr
kiKH . -. M.iiletii vilhout lliii
Llfto nT "ip beeoroe wbteriber.,
i . renuired BWr tlrc-whole a-
f th year' tubtcriptioo in advance.
wn, not eaeeedint; fifteen line,
flail three times for one dollar, and .twen
nTUnt tor each continuance,
to the Edltori matt be port-pud.
DEBATE .
- -olulioni, tobmitted bjr Mr. Calhoun
rhe SenW o United Sttte during the
L Kion ofCongrett, relative to the power
General end suie yorerniucoi,.
I Caihous'i Speech cosctuDBD
id what I intended in
laving 7 , -7. i ,ir
.inn tn mv first resolution, both m
to the Senator from Massachu-
1 and in vindication of its correct-
"- ... i
1 will now prpcecu u
onclusiotis drawn from it in the se-
!d resolution; that the General io-
inierit is not the exclusive anu nnai
ot me exiKui i "
afWTWsfth8-etalwr'P"f
f to the compact, have a right to
Win. the last resort, of theinfrac
kjC4he .compackMdC thcinode
!, jncasures of redress. .
t xaiMcaf cejjrbe pcessary. before
niir.l.fpnd a bortv. to premise, that
system comprenenua
ornmKntt Me UMdii u wivy
Jrernments, which, proper! const-
senting the joint authority of ' the
te in their contederative capacity,
the latter, that of each State aepa-
i. . I . hv e - press i t eJ thjs t ac
,! with view, of presenting dis-
lly tttBWOT ta mm argumciu v
A hr the Seoaterv from Massachu-
Kl9 prove that the General Govern
fnt has t fin1flnorexc1uiver right to
'e. not only of iU delegated pow-
but also 01, inoae reerrcu w c
tes. JLOM geoue Win oh:ic,
n arguroenton the assertion, that
wrnment. which he defines to be an
t.nT7rVJ1oa rrendowed-' with - both
!and power, and authority in pro-
vigort, to execute its purpose, has
shtuUterenilyMl
It IS not HIV inienilVU l wuuum?u
a tie .aenomoo-wi me
kiLaiJiLnot tedtfficnU. t.gJhj
properly speaking.i bet one Govern
nient. This wat a favorite idea of a
man, for whose wisdom I have a re
pect, increasing wiih jny eipenence,
and whom I have frequently heard say
that roont of the misconceptions and
errors in, j:eJaUj)utarv4iystei
Stilts
themselves. I-wUtn&otcreptatthe-ar-
gumentS' which I then offered on this
point, and which remain unanswered,
botl must be bermitttfd a vff&r stnw24
idulfloliitpooflffiee
hi ideta of government are not ve
iAmcrican.: Mr obiect is t deal
the conclusion and not the defini-
i. Admit, tjjen, that the Govern
it '-lia Jhejright: of ; judging of its
?ers. for which he contends. How
u' Wili:he witbho'dopoti i hit; own
Viplei the right of judging from the
,te uQvernmenr, wnicnneawrf
ed I to te General Govern menti-Hf,
klonirt re one, on- his-principle,-it
Ws to both and if to both, if they
let, the 1 vetorso aMdrred "by thi So-
or, is the necessary result; as net-
, lithe right be possessed py Botn,
control the other ----,-1-
be Senator felt the force of this ar-
ent. and in order to sustain his
a Dosition. he fell back ; on : that
uie of the constitution, which pro
les, that M this constitution, .and the
itade in- pursuance thereol; jshall
tbe lupreme law of the lafcd.. .
FTiii U admitted: no one bis ever
iednhatthe constitution and the
s made in' pursuance of it,' are of
aflwiiot auuioniy. nut rquni-
amleniable. that laws nor mane m
suance. are hot onl v not of pTrftmount
horitv, but are7 of no authority what-
r; bemz of themselves null and void;
icn nreaeott me oue&uon wno are
jodgeiwhether'the uwabeor beuot
rsuant to the tonstitution,: and thus
i dituculty, instead of being taken
ayrUs.removed but one step farther
r ri ' . I f . - t . I" I .
ck. ; inis tne oiwur aiw ten, ana
attempted to overcome the difficul.
by setting op, on the part of Coo
ss, and the Judiciary, the fiosl 'and
;lusive rieht of iodeing, both fdr the
lleral Government and the States,
lo the extent of -their nowerSriHThat
?jr: dqrjulJf justtce to The gentleman, '
VIII fri IIUCITIUB iu nil
Vdi He states: '
r.Thst there is a,, supreme law, con-
fd of the constitution, the lawr pas-
IS pursuance of. it, and the Irealtei;
in cases coming before Congress,
assumtog the shape of cases in. Jsw
equitv, so as to be subjects of ju-
al discussion. Consress must inter
It the ConntitutuMi, o often as it has
tasion to pass laws,' and in cases ca
- . , , ,.. . ... -r
ft oi assuming a Judicial shape, tne
preme Court must be the anal inter a
ter.,"v".'7ri- -?vy t a
fc
i'ow, passing over mis vague anu
ie phraseology i" I would isk the .Se
or, upon "what principle can he con
e this extensive power to the Legis
ure and Judicial departments, and
Mold it 'entire ly trob the Execu ti ver
one has. the right it cannot be with
d from the "other, ' I would also ask
n, on what principle, if the depart
nta of the General Government are
I possess the right of judgiog, finally
.J conclusively, of their .respective
were, on what principle ean the same
,ht be withheld from thetate Go
fnments, which, ia ,well as 'the Ge-
vnvernment, properly, consider
,r out deuartnients of the aami
petit
same
er,
ginated in forgetting that they were
but parts of the same system. 1 would
further tell the Senator, that if this
right be withheld" from the State- Go
vernment;: if this restraining influence
by which the General Government is
coprcet! tn its proper sphere, be with
drawn, then that department of the Go
vernment from which he has withheld
the right of judging of its own powers,
(the Executive) will, so far from being
excluded, become the sole interpreter
of the powers of the uovernment.. ..It
is lhe ormerf interpreter, -with powers
to execute its own construction, and
without the aid of which, the construc
tion of the other department will be
impotent.
But I contend that the States have a
far tiearer right to the aole construe
tion of their puwersthan any of the de
partments of the Federal Government
can have; thjs power is expressly re
served, as I hid stated on another oc
caston7Tf6T"nTylga
departments of the General GoveFn-
ment, but ajcsthst " the United
good against every department of the
General Government; and the Judicia
ry is as much excluded from an inter
ference with the reserved powers, as
the Legislative -er.- Executive depart
ments. To prove the opposite, the
ken and which, if 1 am not mistaken,
are conclusive on this point. It is drawn
from'iTattBca'tfpn of e'cdnlsluuirdn
by Vkginiay and is in the following
word, Mr. u men reaa as loiiows:
" Vt, the Dclegatel of the people of
Virginia, dulv elected in pursuance of
a recommendation " from the Geocrlil
Assembly mi .now jnet jnDonvention,
haviog fully and freely "in vestfgafed
and discussej the proceedings of the
Ptderatonventinn.-and-being-pre''
pared, as well as the most mature de- j
liberation hath enabled us to decide
thereondo;: in the name nd in behalf
of the people of Virginia," declare and
make known, that the powers granted
ad-!inL with decisions oOfiOepittr.
nient. But the proper answer to this
oojecuon is, tnai ins resolution oi toe
General Assembly .relates to those
great and extraordinary cases, in which
all the forms of the Constitutiori may
prove inenectual against inti actions
dangerous to the essential rights of the
parties to 11. xne resoiutioo supposes
that' danger ous powers, not-dlegsled.
may not only be usurped and executed
under the-constitution,- being- derived Theiher-thej&ompact-waa.,dangerously
from the people of the United . States,
may be resumed by them, whensoever
the same shall be perverted; to their In
jury or oppression, and that every pow
er not granted- thereby, remains with
them, and at lhcir -will; 4hat therefore
so fully, on another occasion, An an
swer to the Senator from Delaware,
inJrMr- Clayton,) that I do not deem it
necessary to add any further remarks
OR the presint occasion. 7 :
Z But why.should l waste words "id re-;
ply fto rtheserorany-ether uthwrities,
when it has been so clearly established
that the riglifs of the State are reserv
ed aiinst all and every department of
the Givernmentnharnninthority ta
opposumn can possiory snaae a position
so well established. Nor do I think it
necesssry to repeatthe argument which
t ouereu wneu me uui was unuci uib
Po riglirofariyTlenomrnatTon can be
cancelled, abridged, restrained, or mo
dified by the, Congress, by the Senate
or House of Representatives: actin
any capacity, by the President, "or any
department, or ofljcer of the. United
States, except in those 'instances in
which power ir given toy ; fci:wni8t i t bc
tion for those purposes; and that among
oth.ee, essential rights, the . liberty t
conscience, and vf the press,- cannot be
cancelled, abridged, restrained, or mo
dified by any authority of the United
SlaTes. r With these impressions, with
a.sotemn appeal to the Searcher of atl
MatUlorjhpuiiyoJjMr intentions,
and under, the conviction tharwhalso
ever imperfections may, exist in the
constitution, ought rather to be exam
ined in the. mode prescribed therein,
than to bring the Union in danger by a
delay,; with the hope of obtaining a;
metidments - previous .to the. .ratifica
tion We. the said Delegates, in Ihe
name and in the behalf of the people of
V irginia, do, by these present, assent
to and ratify the constitution recom
mended on the-tftk day of September,
irBTTBy the Tedef aT Con ventiortrfor
the Government of the United States,
hereby announcing to all those whom it
may concern, that the said constitution
i tandtngptm thessp
ing to an auihehtic copy hereto annex
ed, in the words following," ccc.
It thus appears that thatiraagaciotif
State (I fear, however, that her sagaci
ty is not as sharp sighted how as for-.
mrrijr raiiucu uy vuiwihuhuu, mt
an explanation as to her reserved pow
ers; that they were' powers subject to
her own will; and reserved against
every department t'f the General Go:
vetTimenti Jjeffrgiativer Executiverand
JudicialVsir,
knowledge of the attempts now made
to impair and destrov them: which et-
plauatinn can be considered in no other
which she ratified, and, in fact, making
part of the Constitution of the United
States, extending as well to the other
States as to herself. I am no lawyer,
and it may appear to be presumpiioo
in me to lay down the rote of law which
governs in such cases, in 4 controversy
with so distinguished an auvocale as
the Senator from Massachusetts but I
will lay it down as a rule iu such cases,
which I have no fear that the gentle
man will, contradict; that in case of a
contract between several partners, if
the entrant of one on- cooditiun be
atlmitted.r tnhdition-enureiiiw the
benefit of all the partners." But I do
not rest the argument, simply upon thia
view; Virginia proposed the tenth
mended article, the one in question,
and her ratification must be at least re
ceived as lhe highest evidence of its
true meaning and interpretation. . -I
If these views be correct," and I do
not see ho"w they can be resisted," the
rights ot the Stateai to judge of the ex-,
tent of their reserved powers .stands
onilie mos(;i"oiid oundaU6nrahdts
Mr. Madison, in the Federalist, to
prove-that it waa intended to invest the
Court with the powerjnquestion. Io
repiyrl Vilfmeet M rr M ad tson with
his own opinion, given on a most so
lemn occasion, and backed by the sa
gacious. Commonwealth of Virginia.
The opinion to which I allude will be
found in the celebrated report of 4799.
of which Mi. Madison was the author.
It says: -
: But it is objected, that the judi
ciai. authohitt is to be regarded as
the sole tTposilor'of the Constitution in
the last resort; and it may be asked for
wuaf-feaso.th declaration by the be
neral Assembly, supposing it to be
theoreficallytrue, could be required
at the present day, aod in to solemn a
manned
On this objection it might be ob
served first, that there may be in
stances of usurped power, which the
forms of the Constitution would never
4FwM:ithin ihecontrol f the-judicial
department: secondly, that if the deci
sion 01 the ruuiciary oe raised awive
tbeituthorityf7tlTe:sovereignpsrtiesto
the Constitution, the decisions of the
other departments, not carried by the
forms f the Genstiiution before Jbe ju-
the veto. The good sense ef the Con
vention, however, put "downevery.ef.
furt, however ; disguised and perse
yeringly made. 1 do not deem it t.e
cessary T6" gie from the journals the
history of these various and nnsuccess
verf instructive lesson. It is sufficient
to say, that it was attempted. by pro
posing to give to Congress power to
annul the ads of the States, which they
miht deem inconsistent with the con
stitution; id give to the President the
power of appointing the Governors of
the States, with a view of vetoing State
laws through his authority; and, finally,
to give to the judiciary the power to
decide controversies between the States
and the General Government; all of
which failed fortunately for the H-
berty.of the country utterly and en
tirety - failed; anif, - in their Imlure,
we have the strangest evidence that it
was not the intention of the Convention
to deprive the S'ates ol the veto power.
Had the attempt to deprive them of
this power been directly made,' and
failed, eveiy one would have seen and
felt that it would furnish conclusive
evidence in favor of its existence
Now, I would ask, what possible dif
ference can it make,. in-what-fornv thia
iltempt ' waTTnade? WhetfierTiy Tt
tempting to confer en the General GoV
verT.inent"apTiweincorapatiblerwtth
the exercise of the veto on the part of
the states, or Jy attempting' directly to
deprive them of Jhe rjglk of .eiercisint
proofs lha t in 1 the optnrofrMjheCon
yentjon,; the .talvs,.tiSlaa tfepMaeXol
i7, possess the veto power; or, what is
another . name for the same thing, the
t . . e it f : 1 - . .1 .
rigni or numncsuon. -1 Know mai
there is a diversity of opinion among
the friends of State rights, in regard to
ihis. po,werbich; I regret; Mil, an no t
but consider it as a power essential to
the .protection of the minor interests of
the community, and the liberty and the
it is said they are novel. I hold this to perceive in inch an organization, noth
be a great mistake. The novelty is not ingbut the perpetual source of anarchy,
on my side, but on tbaf of the Senator discord, and weakness; and yet experv
from Massachusetts. The doctrine of "tnce has proved that it was the most
consolidation which he maintains, is of powerful Governroeat that ever existed;
by -theKher-departmentSr but 4hat4helunion . of the country jiljiva8 the very
Judicial departments, also, may exer
cise or sanction dangerous powers oe
yond the grantof the Constitution; and.
consequently, that the nltimate right of
tne parties to tne uonsuiuiion 10 juoge
violated, must extend to violations by
one. delegated authority, as well as by
another by the Judiciary as well as by
the ExedutiVe "nr the Legislatnre;"-
The Senator also relies upon the au
shield of State rights; and - the only
power by which that system of injustice
against- which we have con tended for
more thanthirteen years ,-tould be- ar
rested; by which a system of hostile le
etsUtiojncDf plaader.ing-bt:.iaw,twhich
must necessarily lead to a' conflict of
arms, can be prevented.
But I rest the right of a State to
judge of the TXtentof itt reserved- pow-
ers, in the last resort, on higher grounds
thority-ef-Lnther--Martifl-te-the-same 4hat4he-cotrstHttttonsTompactto
DolniriovTiTcTrnSve
cussion.-to show that thelausaJn theiconstilutionjbejndeed a eompact.
Constitution -which provides that the
judicial power shall extend to all cases
in law and equity, arising under , this
Constitution, and to the laws and trea
ties made under its authority, has no
Warjngon the poiofTri rontrovery; and
that even the boasted power of th Su
preine Court" to decide lawr be un
constitutional, so far , fBOta-being. de
rived from this or any other portion of
the Constitution, results Vom the ne
ce9sityof the .casehere lwo rules of
unequal authority come in conflict, and
is a power belonging to all courts, su
perior and inferior, State and) general;
1 havrnow. I trust,-shown satisfsc-
toriiy that there is no provision in. the
Constitution" to" , authorise "the. General.!
Government, through any of its depart
ments, tn control- the action of the
States; within ttie sphere of its reserv
ed powers, and that of course, accord
ing io the principle laid down by the
Senator from Massachusetts . himself,
the government of the States, as well
a- the General -Governmenthas -the
rightto ; determine- the-extent- of - their
respective powers, 'without the right bh
the. part of either to control the other.
The necessary result is, he veto, to
I hate now replied to the arguments
of the Senator from Massachusetts, so
far as they directly apply to the resolu
tions, and will, in conclusion, notice
some of his general and detached re-
fmarks. - To prove that oura ts a on-
solidated Government, and that there is
an iramediate'connexion ; betweenthe
Government and the citizens, he Relies
on the fact, that the laws act directly
on individuals. That such is the case,
( will not deny; but I am very far from
conceding the point,' that it affords the
decisive proof, or even any proof at all
of the position which the Senator wish
es to maintain. I hold it to be perfect
ly within the competency of two or
lightlhanj c imUining a get
clear of which, he informs us, was the
object for which the present constitu
tion -was formed. I know pot whence
he has, derived hit information, but my
impression i very different, as to the
immediate motives which led to the
formation, of- that instrument. I have
at ways understood that .. the principal
objectr- wasv to-- give-t- Congress ; the
powen"; to regulate' commerce, to lay
impost duties,- end to raise a revenue
for the payment of the public debt and
the expenses of the Government, and
to subject the action of the citizens, in
dividually, to the operation of the laws,
as a substitute for force. If the object
had been to get clear of the vet(Mf-tJe
States, as the Senator atates, the Con
vention certainly performed their work
ir. a 'most bungling ' manner.;. There
was unquestionably a large party in
that body, headed by men of distin
guished talents, and : influencei"who
commenced early,' tnd worked earnest-
Lly-Jatbe lasU taLJleprive the States
not (lirecliy, for. that would nave Deen
a a. . . u. . .... m
T m sold an: ittempy ounna irec
sovereign capacity; and that, as in alt
other cases of compact between parties
having no common umpire, each has a
right to judge for itself," To the truth
of this-'propositionT the-Senafor-froiri
Massachusetts has himself assented, if
th&constitutioai
that it is, I have shown,'! trust; beyond
the- possibility-01 - aoubt.':IIaving es
tablished that point, I now claim, as I
stated I would do jnahe course of the
discussioo. thc admissions of the Sena
tor, and, among them, the right of se
cession and nullification, which he con
ceded would necessarily follow, iLthe
more States to subject tlieir citizens, id
egriQiei77T.". thedirect iclion sf
each other, without surrendering or im
pairing their sovereignty. ; I recollect,
while I was a member of Mr. Monroe's
Cabinet, a proposition was submitted by
the British Government, to, permit a
mutual right of search and- seizure, on
the part'of each Government, of the ci
Uzens pf the bther, on' board of vessels
engagedfa jJieeiave txadeaodXo esfab-.
Iih t joint tribunal-fof - their -isl atid
punishment. i The proposition was dei
dined, not because it,would impair the
Sovereignty of either, but onlhe ground
of the general expediency, and because
it would be incompatible with the pro
visions of the Constitution, which estab
list) the judicial power, which must be
appointed by the President and Senate.
If I am not mistaken, propositions of
the same kind were made and acceded
to by some of th" cdntinentaf"powers.
. With the aame view, the Senator
cited the suability J JhV States IS evi
dence of'jtheir want of soveireiguty; at
which I must express oy surprise, com
ing from the quarter, it does. No one
knows better than thf Senator, that it is
perfectly within jt!ujonjpeenc.yjf7a
sovereign State to permit itself, to be
shed. We have 00 the Statute book
standing law, under which the United
States , may be sued t in certain" land
cases., If the provision in the constitu
tion on this (mint proves any thing, it
proves, by the extreme jealousy with
which the right of suing a State ta per
mitted; the very reverse of that for
which the Senator 'contehdiij 1 'Z
i Among other obiections to the views
of the constitution for wnieo 1 contend,
recent growth. It is nit the doctrine of
H emrlto;- Ameraoy-of ''4he!"4i'
tiriguished federalists of that period, all
of whom strenuously maintained the fed
erative character of the ' constitution,
though theywere accused of supporting
a system of policy; which would oeeeaH
sanir ;eaa to consouuation, 1 ne nrai
disclosure of that doctrine was in the
esse of McCulloh. in which the. Su
preme Court held the doctrine, though
wrapt up in - language somewhat indis
tinct and ambiguous. The. next and
more open avowal wssby the Senator of
Massachusetts himself, ' about three
years ago; "In The debate oti Foot's reso
lution. The firr official annunciation
of the doctrine was In the recent procli ;
mation of the President, of Which the
bill that has recently passed this body
is tlrebitterfruit. t j -
It is further objected by the Senator
from Massachusetts, and. ethers, against
this doctrine of State rights, as
maintained in this debate, that if they
should prevail the peace of the conntrv
would be destroyed. But what if they 1
should not prevail Would there be
peace? Ves. the peace-of despotism; that
peacewhichisenfbrced by-the4ayonetet
the Sword; the peace of death, where all
the vital functions of liberty have eeas
ed. his this. peace which the doctrine
iaf Sta'teVbvef eighty msydistwfheT
contlicU Which, in every , free state, if
between liberty and power; but which,
if restrained within proper limits, is a
salutary exorcise to oufmoral 'and in
tellectual faculties. In the case of Cam
lina, which has caused all this discus
sion, who docs not see, if the effusion of
'iowribep
ment, the agitation; and tne inquiry
which it has caused, will be followed by
the most beneficial consequences. - The
country had sunk into avarice;intrlgue,
and electioneerir.gr fromwhictrndthing
but . some'such event could rouse it, or
restore those honest and patriotic feel
ing, whiclr. had almost disappeared
under Jlheirb'anefu!jin8ueDC,yh
Government has ever" attained power
and distinction without such coo Diets?
Look at the degraded state of all those
NstwBs, where theyhavti been putduWq.
by the iron arm ots,the Government.
IiforOTy-part7"1iv e m -:feiriif any
"d'lhgerbuffcdnlHcf.-uhder- fullesj. ac
kowledgment 6f Siatessovereignty; the
verv fact that the States may interpose
wilt, produce moderation aod justice.
t he General Government will abstain
from the exercise of any power id which
they inay suppnaer ihree-tourtha ef -the
states win not suuain inem; wnne, on
throtherhands the StatewillbtBters
pose but on conviction ithat they wilN
D3 supported oy. one lourn-. ormeirew
States. Aloueration and justice , win
peoduce Jonfidencer;tUcbwe.tit,- and .
patriotism, rindT'teseTtrntfriirwitt-
offer most po werful batciert JigainsUli
excess of conflicts between the states
and the head of the confederacy. .
But we tre told that, should the doc
trine prevail, the present system would
be as bad, if not worse, than the old
Confederation. I regard the assertion
only as evidence of that extravagance
of declamation: in which, from excite
ment of , feeling,,jve so, often;: indulge.
Ad m it the power, and stilt the present
system would be as far. removed from
the weakness of the old confederation as
it would be from the lawlessand des
potic violence of consolidation. - So far
from being thsMm
tween the confederatiod alitf the" pre
sent constitution would still be must
strongly msrked. If . there were no
other distinctionTthi fact that the former
required the concurrence of the States
and reason teaches that thia power was
dFivedfrooa-tb.-rycircumUncv
which iiaiij r?tcuu wouiu. cousiurr
the cause of weakness.' I will venture
an assertion which may be considered
extravagant, but in which history - wilt
fully bear me out, ;that we have no
knowledge ef any "people in . which m- j
power 01 arresting the improper acta
of the Government, or what may be cal- ;
led the negative power 01 liovermaent; 1 r
was too strong, except Poland, where r f-
every freeman possessed a veto; but ' .
even there, although it existed in so ex-
travagsnt a lorm, 11 was tne source of
the highest and most iofty attachment
to libertyand the moat heroic courage
qualities that mora than enee saved
Europe from the domination of the cre
scent and ometar. Its w-'fthy of re
mark that the fite of Poland isnot to be
attributed so much to the excess 4f this
negative power ef itself, as to the facili
ty which it afforded to foreign influence
in controlling its political improve
ments. M"-'4h'r&-JLZ
I am not surprised that, with the idea
of a pirfect"Goverement;--which-- th:
SenaUr from MasachuseUs hss orm-i7-w
ed'avJaoxe'cAffieoLoXijiJbj
ity, unchecked and ourestrained, oper
ating" through a representative bwly: JZ
that he should be so much 1 shocked H
wWslja1
absurdity of State veto. - But let mer u
tell Vioi.;lnjtbiiaiirenlS
government, as beautiful as he con- :
ceives it to be, though often 'tried,
has ihtarlabty vfailed and hat alwaya
run, whenever tried, through .the same
uniform process of faction, corruption,'
snarchv. and despotism. He cor.kidera '
rte'-repwentauve-pt4nciBlWeatB
. s. . " . j..-
great roourn improvement in- tegisia- ? . ;
tjoovand of itself sufficient l8-teti- ll
liberty, I cannot regard it in the light I
In wh tch he does, .1 nstead of mod erh , Z "-1
it-irf !mtorigiAjr-'tftt aSai'tiiste4,-f
free State froo
INfor do I consider it es of fitseif suf
ficient to secure liberty, though .Ixe ..
gsrd it aj one of ' the indispeo
1,1
"I
snensable- i
means the means of securing the Peo-
pie against the tyranny and oppression-r
another means is still necessary, the
tiiiTSa jafsocfely !gTnst3.ht.ojusliceiI(
and opprelon of each other, which can t
only be effected by veto, interpusilion,
or nullification, or by whatever, name
the restraining or negative power of Go- .
e rn trip h I nil w r itit - -- r
.The Senator aopesrs to he tn amount 1
eu wuii 111a conception 01 a consolidated
rnnjetrt, an vow Mm telf jUl be
1
M
to execute its actsrand the latter the
act of a State to arrest it , acts, would
make distinction as broad as the
ocean; in the former; the vii inertie of
our nature was id opposision to the' ac
tion of the system. " Not to act, was to
defeat. In the latter, the same princi
ple is on the opposite side; action it re
quired to defeat, lie who, understands
hami? Daturr,-wi!t
ence,hesdiflerencelwe
and illy contrived confederation, and
the restrained energy ofLaJedefal ay
tem. '-v' yx" ' ;fv '-''Z
. Of the same charaelerls the objection -that
the doctririerwiH be tlie "source ol
weakness. ' If we look to mere orgini-
zation and physical power as the only
Source of strength, " without lakiug jnto
the ('estimSte the 'operation of," Hioral
causes, such Would . appear, -tttf be the
fact; but if we take into the estimate the
latter, you will find that thosa Govern
ments have- ther greatest strength in
which power bat been most; efficiently
checked,; The , Government of ttoine
furnishes a memorable example,
There two independent and distinct
pa werji.xjsted th e : peopl e - act ing rby
tribes! in which the plebeians prevailed,
and by centuries in which the patricians
ruled, v-The tribunes were the pp'ro
priate representatives bt the one pow
er, and the Senate 'of; the other, each
possessed of the authority of checking
and overruling one another," nof as de
partments of the Government, at sop-
posed by the Senator from Massachu
setts, butf t: independent powers as
nrueh so as the S'ate and Ueneral Uo
ifernmeot
prepared, seeking no lead, torusli in ;
ita JeJenceW tha:iVont.:TahkwhersTr:
ihe blows rail heaviest and thickes't; v ' f
I admire his valtanlrv ni1rmiraithii '. !
1 wilt telf tfUutuwiUi
opposite fanks, under the flag of liberty, Z J1
spirits as gallant as his owa; and that 'y .
experience will teach him, that it is in ' :'.
finitely easier to carry on the war of
legislatrve exaction "by bills' and enact- J'
ments. than ; to , extort by sword end - r '
bayonet; from the brave and the free. Z' Z-
The bill which has passed this body,; ':"f'i
is intended to decide this great con. ,
troversy between that vie w of our Gor;7'
yernmeritentertaiiiedfjy"; Senator--;
and those who act with him; and lliatF
supported on our side, v.U has merged ?
the tariff, and all other questions con- Z
nected with it, in the higher and direct i-'
issue, -which it - presewuJbe tween ,..lUi.
Federal siyttenx iofyGMfernment ndir
CpnsolidatioD. I consider the bill
far worse and more dangerous to li y
berty thanrthe tarilfrrlt has been most Z
wantonly passed, whe its avowed oW. A
jct net Ibngerjusti fled "it lconsideriii.
11 aa cnains lorgeu anil tilted to the ' ------
t a .-t 1 r m
iimos 01 me Slates, ami hung up to be T
used whed occasion may renuirt - Wil3
are told, io order to justify the passage ,
of this fatal measure, that it was necea-. l !
sary to present the.oliva branch with s "
onrhand and the sword with the vthcrv-'-.
We acorn 4he-alternative J;You havs :
ns right to jprc sent 'thriwordrTITiev
Constitution 'never "put "the JnitrVment'tvVi:
inybuifhandtf to be employed against ifjff
State; and as to Ihe olive branch, whe 4'
ther we receive It or not, will not de ;
pejldlftyo''heniee.'but on our wh ;T:r
esfmate of what is eie to ourselves and
the rest of the comirtunity, in reference t"
to the difficult subject, on which we
have taken issuej :;:.) Z.'Z: .--.T.
j:.Tiie Senator from Massachusetts bi j ;
sfruggftd hard to sustain his cause; but'
the load was too heavy for him to bear,J .
I am," not surprised at the ardor and
7.el ;with which he has entered into the. V
cohtfoversy, t U .is a great Struggle (
between powef and liberty power on, y -f
the side of the North,, and liberty on ,
the sidcof the. South. But,, while" Ij, -.v.
ara bet surprised at the part--which the'-L-.
Senator from Massachusetts has taken, ; 7;
I must express my amazement at the ;
principles advanced by . the Senator J s
froin'. Georgia;, nearest me, j Mr For-
tylh.) I had supposed it was impossible,
that one of his experience and ,sagicity
should not perceive the new and dan y ' .
geroos direction which this controvcrsjr :-Za1l.
II $bout to taker-For (he first time, w,y,; p
have heard an ominoua reference to "r
"provision in the Constitution, which I'
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