t
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REGISTER, AND NORTH-GAltjLIN A . GAZETTE.
KALEIQ
- .. . , ' . i V.
4."4 . ' I'J I..---' -.L." T 10V7 -4.
8-
was I'.ke a Ieed dmwn hxxX not .
1 Coni-cntinn 1ml frurr.ed t, ftfe"
tthcn Sethis nntltr Hie Conftder-
gliad traiwni.tje'l it to me Maie
ind by Un-sc It-sV it was Jani btiore
thr people m xne several s'""-
it Was iroj.fiative p:pev. H '
tamo of authomy, no snct;on ; it
'tHtfir respective C!v niions, tnrn n
iiul snoke authentically. Evt ry
ri'h hUl theVre-eeived the SHnction of the
ular witU a.d v:x$ to be rrceveu as iu- c.v-
, it it. t'..(Ki ciVQ
I'SSiOn (I ;i1 W ill. Jiai me .
j n stir, ineren r', l
nn any r.thtr noiiil. IXies u can iicii
ouh.pact ? (namJy not-, i' "S-s uie woru
pi.ct but qnce, un.l h is uhrn it kcUres llnt
tlu Stare shall cntt-r into no corrpuci. Dues it
oull itself lefiue, a confederacy?, a Mtbsistmg
'fAiy btlweni the States Certuinly not.
J hcrt- is not a pavticle of such lartfjiupe in all its
JWeS." UllT It OCCURS iistu a vu.-n.n v 4
Ul II m vv
compact, or co.ife.lerHcy, lt a fundamental
rluiv. That fundamental re-uU'.on Which deter-
!., -Vt,t fundsimentaJ retulatioii mcn ueiei-
,f. .m.Mn a t ch the ixtblic aittnorny
A. . .
ijiaiint- iuhich power is to be exc-rcind
1.
wo.d which form tctrtther the CouHiiutton'
is a
v 4. u. i A furvilument l laws.
X Z Z3c iriuri, J
fin. lo we ne.d to be ndurmcii, in counuy.;
. . ... r I.Ic r'irtl: .liiHt-E v. m rt t mnS . nrel 0!T 111 I VeS. H
! . ,V0 " ,," . .u ; .Cn .nowa, But. us; all power is with the ! establish!.
fir a tJiute i must in iiii.il j iii.v-. ---, . ,i t.4.j I r
ihe hod itself, nd tlie vei) Ucin- o! xne pomi- . - -p- . - -- o y - . -
- . - . ..' r ... tt i cref.t what tiov trnrntsiiU thev nleuso, .n.l co..ier a This
what a-Uonatitutim is f . I- it not a idea. Pt"; alcmPl ly ?xP,a, u,erf"u,u ' "
f. c'.lv familur, d-finite a,.d tll settled? We thr C.en-ral Government and the s vtr -bta e
are u't no loss to und-r,tn 1 wlut iMneani by ihe j Governments, according to those lueas of sov -Co.w;tutiun
o'fone of the StaWs ; and the Con-, .. .t;ny, w -Inch prevail under .sysL-n. esse.,iiaU
si utiouofihe United S:ansSpiaks of itself as j dil h-rent Irom our o u.
b.-ing an ins.rument of the am nu.ure. It says Hut, s.r, to return-to the Const.tut.on itself,
Vw.A'oaaUtuiion shall be ti.e law of the land, any J !n,e .nquire what it leht-.s upon h.r its omi
ti.i.Khi any at.te CoudUution the eonltary J contmuance and supper.. 1 he-r .1 ottcit sug-
r..i..i,.r,.,r A,..: ,t .,,.,Vs of Use If too. in ! Rested tlut the blius, by relus.ng to appoint
r,!:.n cmtrdsti, !ion from a cmnedei amm ; tor
it that ad debts contracted and all engage- j
rr.,nUe,.Uredi.-to by the Un.tt d butes shall
be . s valid u- d r this roHiMuthn, as under the
t-.i fixation. It does not say as vali.I under this t
lutUucf, or tr.is kaKue, or this contederai.o,,, as
n,,..ei tl:eturmrrco,dedciation,butasv..lidun-
de. UiW CwtMutioH.
t. 1.4. .4 --y v - ... . - , -
Tl.iv, then, mi, is declared to be a cwistuuiion.
A coi'istiiuli.-n is ll. e f.ii.th.mentkl I..W ot Hie
S a.e ; and UiiSi exrir..--.' 1 tied reti to oe iuc t
.su;t.nie tawjilt is if t lie- people had ;n'..
' 4e piesciihe this tviida.i.einal taw, n or "tin
Mipr; me la, h
lor li y 4 sy uiui incy e-itu-
... L.mi this toi.stiui'K.n, and ii -t it shall be the su-
ff vt inw. i nej sy mai tney omiuu unu
Li'-iUh it. Now, su, whd is the cotnuuMi ip
j.iiL. iH;of tliese woid-. f We do not speak ot
. ..': ' t " II . 1 ' . .u n
r.vi'nittinfr s anil cumi.uci. li iiuw vts
le
...,! it., i
. ...'.-.i i.m n . niiuiki ! i r ii-iie
.V'4.4 4 44- v. - ; r ,
S. -t- to be pities lo i , why Was it not so said 1
Why is thrte- Souiid no one expression in the.
i - i I, I
v. .o e iiistiuinv li: iliiiin. iiiar Mien unein . i
o'd co'oTedeiaiiou wa" expressly cdled a league
. . . . . . I . l I . . .!
ami int-lii'. league n wS txjiresaiy uctiuitu
t.'ut thtt S'a-es, as States, scVv Tally entered.,
W hy was not similar W.gu.v.e used in the con
st I'llion, i a soiuiariin'UrMtion had existed?
Vhy w-s it not'tU'the bitten enter int. this
in w leaur.'"' the St tes term this new con
fettvra'ion," or. the 'SlatvS aree to tliis new
compact f" Or, why w;.s i not said4n the lan
Ku"Jfe i'f '1" gent It mm.-, reslution, tin.t the
j.eople of the St veral Slates acceded to this com
pact in their sovereign capacit-.ts t W f.at rea-j
son 'a theie fr snpposiiij that the fiaiuers oi f
he coi stiiution rfjtcieu expi tssnms ' apprnpn
: le to their own meaning, and adt pled others
wholly at war witli that meaning' ?
A;ain sir, the c nstituti'-n speuks of that po
Jitici I System w h.rh it established as ihe Gov
irmhtnt vf'the United States.' Is it not doing
strange yioieuce to lar.guirge to ca.l a league or ,
coi.'part i.et ween sover poweisa u.vt m-,
iutftii -i The GiiVi-riiiTieni i f a S'ate is that or-j
fi.u vM'Un ut. ti ch tne p-ht. eat, power resides
It Hw"' political t.cing, trirated by tlte consti-i
on t,r iiloih.iliemal ii.W. Ihe broad anU
eje-.r i
liiirc-nee ihrtweeb a Govrrnment and a
! Jefeue,' orcompvet, 'S, th. t a (iovernun-irt is a j
K,1y". )iohc. il ha a will of it own; nd il .
. vjrBs powtrs and tjcul-us lo execute its
' : -'ti x4-r!ii f ":V .tit,.rr.r- lis Kl i n 11 1 it inns . Kvrn
- :T t f-Oy,l'" yUinircii aovereijf il 4,o!iuiiii 111-
I - . !4C, I 4 itt.Vr 44TC-4y4ir4, 'II? lllliU-(l .4..4.I..JV4.
i "r'Vi JWrjro'fit'e. its tNeculion ; utthotigb,!
5::,h'i8!rc!i'M, this .power is but the force of one
v V luiiy against the tine of anotln-r th it is to
J.":1; .Vi -lhr--piwer of war. Hut a Guvrrmnxiit exe-
r. - - r.-.-A. . . . ....... .., .... n u..iifh...i.t.t
.i p ii.h UMtst.i loice in to !'!). u iitr oiieuieiicr iu u. ov n
Jfey-i,' onucimettw isnotTH. ar. ft contemidaUs no on-
r. irjtMUy,haviiig a right i
oi rcstsiance. n
res:s i.Q.iitw'np'o w cr to enfurce its own will
atM wher. it, ceaset to possess tins power it is no
I lofti; ifCiovernineitt.
"fMr. Pn siiU ni, 1 concur so generally in the
very I'bie tjeech of ihe get tkman ftom'yir
.4CMta, n-ar me, iir. K.e&, that it is not vvith
out'd ffidtnee and regret that I . c-nture i- dif
' JVr'witU hiiii on' any point. His opinions, sir,
vSare ed-h nt of ihe doc'rins of a erv distin-
i'b?hi-d sl1io.1. f. r vvhic-, I have the h.i'.hpt ic.
gird, of w hose doctrines 1 an say, what I also!
'; cn -siy.of the gentleman's speech, tliat.
while i
1 : .. 4. . - . . 1 : 1 u ... . 1 . r
: iHsi:ate abrmt seine of the premises. I do not
ajev- that the const tmi.-n is a compact b twet-n
"St-tes in their sovereign capacities. I do. not
&a(;rei tbaJL, in sirictness of Umruag' , it is com
f ia t at But I do agre., that it is foutuUd ot
consent or'agi ei'n.e.i or on compact, if tue gen -tieiutu
pivlcia that uurd, ami nieans no more
)iy it' tt.an voluntary consent or agreement
I.
oy tne atri
meiit ,f the people of the Un'ned "'States, when
adopted, it. hits become a constitution
.... The!
titutum ; I
what
r.eoule have afr'n ed io mitke a cons
but when n;adv thai cousiihi'.io i becomes
it name imports
ii .s no longer a mere agree-
men'. Our luws,,ir, have tt.e.r foundation in
the sgreeiiitni or consent of the two Houses of
' Congress, Wefiay, fj..b tiially, tlit one House
jiroposes a bid and llie oth-r agrc s to it ;bu'
the. result .of this agreement is not a compact,
butlaw . The Ian. the'siatute, is not thengree-
nie.i t, out sMi.e-hii'g"cieuted bv die airiecnieut :
and omeihng which, when Cuaietl, ha a new;
I nt- constitution, sir, is nol a contract, but the j rengtous.y oounct to support the constitution ot , j t jr;sat.ul a power to m
refill 01 a eonraei ; uieaning, oy couirac', no j llic uimiu p-s-ics, iucj aie 10 suppon meir ; lla.tioral concern to
nn re than assent Founded on consult, it i i own State conatiiutiun. Nay. sir. thev are a? ' , ' 1
. , .... . ' 1' 1 .' . -: ' ' , : upo'i tnese laws, ana to a
j ,tuuiTm Mvj.e.. vvie'iirvi uy IJie agree- 34'4 iii.nj .i n v. 11 44. oiipj.w.. .k 443 -vift; vjuioencs
oh4rar.ier, mnl ;.cs by its own authority. So, i States, whether they will continue the Govern
tt.e cont.ii iitmn of the United States, founded ment, or brtak it up' by refusing to appoint Sen-
n orvn me ror seni oi me people, may be saul
to ret oil compact, or consent i .but it is itself
not the craq ac, but l.s result . When a peeplp
agree to erect a go.eiunieiit, and actually erect
if, the tiling is done, and the agreement is at an
nal. The t umpact is e.utul, and the end
designtU hy it mtained. Hencelorth, ihe fiuit
t thi agi t m ii.t exists, but the agrei n?eiit t
self is ue: g d in i'-s iavii a'.cbmplishinei t ; since
l litre can be no longer a subi-isting agrecmeut,
r comp-ci. to jurm h cunsutution or govern
ment, aiti-r thai coiisiituuoii or government has
been actually foirtied and tst.vbfislieVl.
lt appeal to me, Mr. Preiident, lhat the
plainest count of the etaidisiiment ot this Go
v. n.ineut pw sents the nu.si j ist and philosordii.
cal view of its f-iiind-tioiii, ''Pue peuple of the
several Suits hid their eplite Slate. Govern-
n.eiili; arid b'eiweeit the States thei nUo exisi
ed a couhrdeiation. , , U.S cu'nd t.on ol
iHmgsJhe Peop.e were not SHtisfic-d, as the con
ieuri.tioii had ween found iivA to fuifil itfc intend, d
obji. ts. li wspivpo'ted, therefore, toirectainw
co. - d Gerci .in.eid, wriicti ,hou!d p sm-.s9 cr
lasud h-at rro-eis,s-cinsr.garde.ifh r spe -i
tXo Verbis ef id! A suics'j k lb torn.
ed upon tlieenetmodet of American eonstv
lutioiifc This propyl! s assented to, and an
instrument was prWntfd tof the Heople oi
the sever! Sti.teb for 'hris consideration. Tnty
approver! it anl aj-n-cd ti adopt it a a const i
tution. Ttiey executed Uhat a-rtement, taev
.dpted the consiitu'ion, as a constitution uy
henceforth it munt stand as a constitution W'V1
it shall be altogether dtjilroyed. Now.Jpr, is
not tliis the trnih of the Jwliolt matter fciul is
n, t all t'mt wp lvve heard of compact fet ween
sovereign Stages the mere efftet of a theoretical
and artificial mode of reasoning vpon the sub
ject a mode of rrasoam wliich disregards
n facts for the sake of hypw.e--.is ?
Mr. President, the n;.tu of sovereignty, or
scvereign power, h:.s he tXtensiely discused
by-gentlemen on this of basin it 's it generuliy is
when the origin of oat dntrnment is debated.
Uut I confess mi self not entirely satisfied yuh
argument and illustrstiiis 'drawn Ir.'in ttu.t to-r,;-
Tli.'tnirp!imii' fit" llovi ri.meiit is an idea
belonpin to the othtr sjoe of the Aii naic.
No
. - .
North-America.
Our
sove-
(iox ernmnts are .
reijjnty is ot feudal
e.n. . . .v....... " ..si", ; i . "
.i ,m imruii'is nn mure
It comprises j
'i.u iuc bihc n.e f.-elc,H..
nd
on them such powers asithev please. None of ,
these Jovrrnii.ei.is .s sovereign, m .me r.u.u-.
ptan sense 01 iuc vnuu, i m.j, . -j
written constitutions. Jit seems to there ;
..e, c I'vy-- "
nau.rs ami ciei ,, o t''"K ."'
mei.t to an , nd. Perl;-. that is- (.ue, but the
same may be said ot the ',SiaU . Covtinmen .s
themselves. Suppose ti.e Le-.islature ol a Jstae,
hr.ving tin- power lo appoint the lioyt ri.or an.l
Judg, si should on.,t that h,ty ; would no ti.e
State Government remain uuoiy,ar, zed ? No
eonm, all elecl.v. (iuilemo entH n,;.y be biok. n
...
"i'"y . - .,.. ...v -.4 .,.,.4...-
em.uMru wan pom.cai -
priate duties. Hut one ijopui ,.r G vcrniueut lias,
in this respect, as much steamy asanothti.
The niH'n'enanee of this constitution di es not
depend on the plated faith ofilu St:Ue9, as
S-ates, to suppoil it ;! and this aam shows that
il is not a league, li reLts on n.d vidual duty
aiid .'bngation.
Tne Constitution of the United St:ites creates
d rect relations between this Government and
individiiMis. This Governnient may pumsh n di-
. , , .- i
vuiuals for treason, anU all oinr cnus in me
code, wiiencommittedagainstlheUnaeu States.
It l;is iinwer. ti. t T ili.n viilll.il-. in any
- , ..
moile, aiid to any extent ; anil it poss- ssrs the
further power of denandlng from individua s
nniitaiy service. Nothing, certainly, c n irorr
clearly distinguish a Government fioni a conk
deration of Slates, than ti.e pose.sinn of these
powers. No closer relations can exisl between
individuals and any Govei iin, tni.
On the oth r band, tjie Government owes
high and solemn dntits to every civizeu of the
cotiutiy. It is bound to protect him in , is ino.-t
impoitunt l, ghls an ! interests. It makes war
for his protection, and no other Govenuiient in
ti e country ca.i nuke war.' It niaki s eace for
his protection, and no othr Gov n.uient cn
m.'ke peace. It maintains armies and navies to;
liis defence ai d secuiViy, and no other Govern
inrnt is hltowe.f to m.iniain them. He goes -hioad
beiieath its flag, and crrirs over-all ti.e
eiti) a nationd character irn parted tj him by
this Govermiinnt, ant wnicii no 'other Gov- i n
niciil can uiJi.art. Ia w hatever re-l-ies to w. r,
peace, to commerce, he kin Wh no other Guv
'crnfficiit. All these, sir, art connexions a d - .r
4 1 t"
and is sacr-u as can onrr iii'i.vuiiia.. in any v.o
vermm in on e-.i in . j i ,s nu, . ncrt n-i e, u ojhi
pad between Ttau s, but a (i .verninr'nt proj)f-r.
operating d.rect.y upon .nd.v.duuis, yielding to j
I I I
yieuling ti
uemaudim
il. m ..N.t.i t i. . !. .,:.! -n.t .n-miiii.ln. r !
from them obedience on the oilier.
There is no'lapguage in the whole constituti
on, applicable to a c. liled-r.d.ou of S'ateu. ( H
the Stales be panics, as Stas, w hat are their
rights, 'and wliit their respective covenants and
stipulations ? And wheie ari- their rights, cove
nants, and stipulations expressed ? The S'.atrs
engage for iii.th.ii, they promise nothing. In
ll-.e articles of confederation tuey did make pro
mises, and did enter into engagement, nd d.d
pfigiit the faith of ach State lor theT fulfilment;
but, in tlie Cqustiluiion there is nothing of that
kind. The reason t, ihi,t, in llie constitution'
it is the People who speak, ami not the S.ales.
tin- People, ordain the Constitution, and t;ieit-
i aitiiress tnemseivcs to live states,
.-nd to the
Legislature 3-of the States, in tin
language of
injunction and prohibition. The cons ilui ion
tiliers its behests in the iiu'me and bv tne atith
riiy of ttie People, anil it exads not from Stales
any plighted puohc faith o maintain . On the
contrary, it nkes is own orsei ati oti-denend S
fc'Sin iiuhvidu.il duiv and indivi lual obligation
. '. . . . ...
S'f, the Slates Cannot omit to appoint' Senators
and Electots. It is not a mallei resl.ng in Sta e
tliscrct-.on or State pleasure. The constitution
haiiakt n better care of its own preservation, ft
lays its hand on individual c- ns. ieure, and indi
vidual duty. It incapacitates ativ man to sit in
the Legislature oT a State, who shall not first have j
taKen a solemn oum to suppoit tt.e consiuuuon
u. cue enuru .o.-.o. a .o... u.e ,
this oath no state power can d.s,harg. him. All ;
the mt rubers of all the Stats L. g.slatu.es u. e as j
I are, who are members oi t ohgiess
No member ofa State Legislature can refuse to
proceed,.at a proper timeto elect Sena-ors to ;
Congress, or to provide ff the choice of electors
o rreafe ,. an vice-rresiaent, ay more than
( the members of this Senate can refu
the members ot tins Senate can refuse, when the '
. . . '. ,
11 . ) . .".v. V.l Uf.lUULiaUL 4IIC
other House to count the votes for those oilicers, ik
ascertain wlM are chosen. In both Cases tlie du'y
binds, tk Witdlequal strebgth,the conscience of the
i rtA t-wli io I irimtAn 4 1 ii i
oath in the Strtne words. Let it. then; neve;- be
....... ...uo.. ...v.4.v.i , aim u n imposition an o an
1 said, sir, that it is a matter of discretion with the
atoi-s and to elect-Electors. They , have no dis-
cretion in the ntatu-r. The members of their Le
gislatures cannot avoid doing either, so often as ,
theti .fne arrive without a: direct violation of their !
duty and their oaths sucS a violation as would
break up any other Government.
Looking stilt further to the provisions of tlie
Constitution itself,! in order to learn its true cha
racter, wefinditsgreit apparentpitrpo.se to be,
to unite the people of all the States under one
General Gdyemmeitts for certain definite directs,
and, to the extent of this union, to restraii , the
separate authority uif the States. Congre'li only
can declare war therefore, he none State is at
vyarvith a'foreign nation, all must be at war!
fllie President ...and the Senate only caithna'ke
peace when peace is made for one Slate, here
fore, it must be made for all.
lA Can any thing be conceived more jr-eposter-vus,
tliMi thai, any ; State sliould have low er to
Nullify the prottedings of the General Govei h-
.ineI)t. 'spccting;ice'mivWar iWJien! war isJ
tiecfarea by alafw f&t Congress, Carv a' single Stattia.
isoimy uiaitiaw,,aiiu remain at peace r And yet
tlitta,- nullify UtaKw'vwil m ny.-clkr. If
the President and Senate make peace, may one
Statt, nevertheless, continue the war ? And yet,
if Tie can nullify a law, she may quite as wed
ritilfiTy a treaty- . '
-'The truth is, Mr. President, and no ingenuity
of arjfumeni no subtlety of distinction, can evade
it, diat, as ; to, certain purposes, the people ot
the United States are one people. They are one
ia making war, and one in making peace ; they
are one in regulating commerce, and one in lay
inir duties of impost. The very end and purpose
of the constitution was to maKe tnem one vv
in these particulars ; and it has elfectually accom
plished its object. All this is apparent on the
face of the constitution itself. I have already
said, sir, that to obtain a power of direct legisla
tion over the people, especially in regard to im
posts vvas always prominent as a reason ioi get
ting rid of the confederation, and forming a new
constitution. Among innumerable proofs of this,
before the assembling ot the convention, allow
me to refer only to the Report of the Committee
of the old Congress, July, 17S5.
Hut, sir, let us go to the actual formation of
the Constitution, k t us open the journal of the
reinvention it-it-lf. and we shall see that the very-
first Hesolution which the Convention adopted
cousisiitis of " Supreme LL-g-isialure.
mill Alt L vti t r.
i i' '
itself completely negatives all ulea of
league, and compact, and confederation, i erms
COUia not oe cnosen, more ut
n-miwn ''"" ---
to b;iInsh foi.Cver all notion of a co.ffi.ct between
b , "
The resolution was adopted on the 30th of May.
Afterwards, the st vie. was altered, and, instead
of being called a National Government," it was
called the Government of the United States :
but the substance of this resolution was retained,
and was at the head of that list of resolutions
which was afterwards sent to the committee who
were to 'frame the instrument.
It is true, there were gentlemen in the Con-
' ventiou who were for retaining the confederation,
; and amending its articles ? but the majority was
against this, and was for a National Government.
1 Mr. Patterson's propositions, which were for con
tinuing the articles of confederation with additi
onal powers, were, submitted to the Convention
on the 15th of June, and referred to the comm'.t
i tee of the whole. And the resolutions forming
j the basis of a National Government, which had
ouce been agreed to in the committee of the
I whole, and reported, were recommitted, to the
same committee, on tue same uay. 1 no conven
tion, then,in committee of the whole, on the l9lh
of June, had both, these plans before them ; that
is to say, the plan of a confederacy, or compact
between States, and the plan of a National t.ov
ernnVent. Both these plans were considered, and
debated, and the committee reported, " That
thru do not ugrt e to the proposition offi red by the
lioiu.ruble Mr Putt-rsou, out th.d theo again tub
in. I tue resolutions f ji mtrx reported. If, sir, any
. I
historical fact in the world be plain and undenia
ble, it is, that the Convention deliberated on the
expediency of continuing tile confederation, with
sum amendments, and re jected that scheme, and
adopted the plan of a National Government, with
a Legislature, an Executive, and a Judiciary of
its own. They were asked 'o preserve the league;
they rejected the proposition. They were asked
to continue the existiiu compact between States;
they rejected it. They rejected compact, league,
and confederation ; and set themselves about fra
'ing the constitution of a National .ovemment,
and they accomplished what they undertook.
If men will open their eyes fairly to ihe lights
of history, it is impossible to be deceived on this
point. The great object was to supersede the
confederation by a regular government ; because,
under the confederation, Congress had power on
ly to make requisitions on States ; and if States
declined comphanc , as they did, there was no
remedy but w.,r against such delinquent States.
It would seem, from Mr. Jefferson's correspond
ence, in 1786 and 1787, that he w.is of opinion
that even this remedy outlit to be tried. There
will be no money in the Treasury," said he, "till
the confederacy shows its teeth ;" and he sug
gests that a single frigate would soon levy, on
..i. r . t l: ..... oi.... .1... .I. e."
TIle commerce oi a uem,4uem .ue, uie oeue.-
ene v 01 lis eomn.nut.wn. ii.uu.u i.wui.. ut
anclit was evident that a confederacy could not
lung hold together, which should be at war with
its members.. The constitution was adopted to
avoid this necessity. It was adopted, that there
might be a government w hich should act directly
on individuals, without borrowing, aid from the
, , , t if
Stale Governments. 1 his is clear as light itself
, s ,. r , .. . r, . 1
on the velr face of the pi-pvision i of the Consti
tution, and its w hole history tends to the same
conclusion. Its framers gave this very reason for
their work in the most distinct terms. Allow me
t j quote but one or two proofs, out of hundreds.
That State, so small in tenitory, but so distin
guished forleuruing and talent, Connecticut, had
sent to the general Convention, among other
members, Samuel Johnson and Oliver Ellsworth.
The constitution having been framed, it w as sub
nutted to a convention ot the people ot Connec-
maeu lo a eon.e.iuoii . u.e peop-e o ....:.
fcut fir ratification on he par ot that State,ai,d
Mr. Johnson ann Mr. 'Ellsworth were also mem -
bers of this convention. On the first day of the
deiiates, being called-on to explain the reasons j
I'll 1.1 m . ' . I - I 111- a
wiucii lea tne uonrention at rnuadeipnia to re
commend such a Constitution, after showing the
insufficiency of tlie existing confederacy, inas
much as it applied to States, as States, Mr. John
son proceeded to say ,
The Convention saw this imperfection in at
tempting to legislate for States in their political,
capacity. i;?that the coercion of law can be exer-
d , 110ar;g but a military force. Thev have,
therefore, gone upon entirely new ground. They
have ord Qne ,'iew Natio' out of the individu-'
, . .... ronstUulion vests in the General
ake'laws in matters ofj
appoint judges to decide
ppoint officers to carry
them into execution. . This excludes the idea of
Z S be now k 1 in pr
"S, The fit! S to be em-
n" 'r thi fijl
an armed force- The power w hich is to enforce
, - t , ()nlv linon individuals, who fad in their
, . . -i. .. , i- ...
UUty to iiieircuiiui.l v. i ins is mc pe-e-'inar irioi y
xf .li r4.'' f.4iiTi.M. r i.ir it , unonr u tinnn Iho m.ll
u.4, ""kuuwu, .... 4 .4 Uv....u 4.4,,. ...v. i..llu
and equal energy oi uie magistracy lor uic exe
cution of the laws."
In the further course of the debate, Mr. Ells
worth said
Tn lepubllcs it is a fundamental principle
that ihe majority govern, nd that the mino
rit y comply with ihe general voice, how con
trary, . then, to -republican pfii.cipJfs, how hu-
imitating, is our present situation ! A singiv
Siate can ris up and put a veto upon thej
most impoitant publ.c measures. We have seen1
this actually ike place : a single -State has
Coniro.led the general voice of ihe Union : a
minority, a very small minoiity has governed
us. So far is tliis from being consistent with
republican principles, that it is ineff-ct the
worst spicies of oionarchv.
' Hence we see how necessary for the Union
is a coercive principle. No man pretends
the con'r.ry. We all see and fee! tins necessity.
The only question is, shall it be a coercion ot
law, or a coercion of arms? there is no other pos
sible alternative. f W h re will those who oppos.
h ct-re on of l .wcome mn Wfierewll they end '
A nee ssary con-equence ;f tbSf principles ,s a
war of the S'ate O'-.e agamst anbtln-r. I am, for
coercion by law: thai coercion which acts' only
urioif dcr.iKiuent mdiviuu!. I Ins Constitution
does not atiemi.t to coerce sovereign bodies,
'ales in tin u poht.c d. capacity. N-
coelcn r.
:s appl cdile lo sucri bodies but that of an a ned
foic. ff we siiOQld a. tempi t-j execute the lavs
of the Unioni by?sendir:h armed force against a j
uennqueiu Bian;, u ;.v,oiini invwuc t,
and bad, the innocent; iJd guilty, in ute same ea.
lamity. Hut this leg (coercion singles- out the
guiityiriiiivid.ua., and ituushes him for breaking
the laws of the Union, rr
Indeed, sir, if we -loot' ip all cotemporary history
to the writings of the Vdeml.sts, to the debates
in the'teonventiom, to t'ltf '-publications offrjends
and foes, they all agKhat a change Mafl been
made;from a "corded. rt" y of States, to a different
system ; Vhey Hll4agre((th;it the convention had
form-dli constitution Nationnl Goverment.
With thi result, somere satisfied, and some
were dissatisfied butadmitted that the thing
had been done. In $fine of these various pro
diclions Hrtd publicatrifc, did "any one intimate
that the new conslitur on was but another com
pact between States iiv ;h"ejr sovereign capacities.
I do not Hud such an o Union advanced in a single
instance. Every wherehe people Were told that
the old confederation -f.ifi to be abandoned, and
a new system to be trio I tna a proper Govern
ment was proposed, 14 be-founded in the name
of the people; and to l4ve a regu'.ar organization
of its own. Every wwre, the people were told
thai it was to be, a Government with direct pow
ers to make laws over1; individuals, and to lay
taxes and imposts wiriout the consent cf the
States. Every where, it'was undeisvood to be a
popular cotiMittuion." Il came to the people for
their adoption, and wafeto rest on the same deep
foundation as' the Stat constitutions themselves.
Its most distiguishrd Advocates who had been
themselves members cf the convention, declared
that the very object b; submitting the constitu
tion to the people w s.i'o prtc'u de the poftibiiily
of its being regarded c9a mere coiuputt. " How-
vrf in-oss a' heresy- f say the writers of the
F- der ..list, "it mny beso rnaintaiii that h party to
a compact has a right revoke that compact, the
doctrine itself hs hue respectaole advocrttes.
The possibility of a-qinfttioo of this n ...tin e proves
ihe necessity of iayinjfTie foundations ot our Na
tional G'-venuenf deeper tnan in the mere sanc
tion ofdeleeaied autht iitv. Tlie tabneof Ame
rican empire ought to rest on the solid basis of
the consent of the ru- n!e." Such is the- lan-
gu ige, ir, addressed , o People, while they yei
had ihe constilu'-iou tt'ider bonside. ration. The
powers confrrjed on i4e hew Covernment were
pei f-cllv well uiiders?.d 10 be c-inferred, not
by any State'.'for the "eop!e of any State, but
by the people of the . Uuiteil States. Virginia
is more explici't, prh 'is. in O'is particular, than
any other Stat-e. Het convention asstninlfcd to
ra'ify the constitution''- in the name and behall
of tlie people of ViJhnia, deciare and make
1 .1. . II . .' I
Known, mat ene puwe ? jraincu uiuiei inc e-- i
s: it ii ion being deritn-roia the. people of the Uni
ted States may be ief-med by Ihtm wnenever
the sume shall be pe jetted to their injury or
opr- ssion." ' '
Is this lancruiig-e wKmh describes the formation
of a coiop ,ct between; Spates, or language di scri
h.i g the grant of potber'8 to a new Guicrninent, by
the whole pasple oj the 'Umtett otales.t
Among all..tffe othef ratifications, there i no
one w hich speaks or ClVe constitution as a com
i.act betw i en 'SUitesi Those of .Mass ichusetts
and Nt w-Uamphire'l?jjXprers ihe transaction, in
tny opinion, Wi'h utjicient accuracy. They
reeoiiisc Ihe. '.Divin'e goodness ' in affording
the people of the Uu'VJ states an oportumty of
entering Into -Jn expficit ' and sol mn comjiact
with n il othet, by Qi$eiiting to and ratifying a
new constitution. YiJwib o st rve, sir, that il
is tin pt-oph and no1 t ?e St.t.-s, who have entered
i- to th s compact, I'jid it is the peoph ot all
the United Slates. hese convention.', by thi
form of expression, -?' aiit irurely.io say, th .1
the people of the "l-nitecl Stales had, by the
bkssmg of Provulene... enjoj ed the opportunity
of es'. ibli.-ming a nr w . pi si itiition, founded in the
content of the people. .This consent ol the people
!ias :eeu cal.ed by . I iropean writers ihe social
compact ; and, in qjrt'oimity to this Common
mode of expi essioiv hese convv-ntitms speak ot
that assent on whic.'th'e new constitution was
to rest s an explici Jid soh inn compact, net
which the Stales frl entered into with each
i. tin rj but which the yeVple of the United Slates
hatl entered into.
h - -
-M '
' l-'inally, sir, how f;n any man get over the
words of the Coirs ":Jution itself? " ll'e, thr
People of the Uilitcd glides,' ilo ordain arid istuhiixh
this Constitution."- Tlvese words must cease to
be a part of the Cofotitption they must be obli
terated from the pajjchment on which they are
written, before any ijunian ingenuity or human
llli.UI.IVlltV.lll lV.MIUt Lllk. LJVJUUiai LJJL317 J 1 1 V 1 4
,i , . , , fc , - ! . i .
that constitution rcstr,, and urn the mstrum
argument can remove the popular basis on which
lit
into a mere compactVetwcen sovereign States.
Thej 'second proposition, sir, which 1 mean to
maintain, is, thjU -mjj State authority can dissolve
the relations subsisting between tlie Government
of the United States'1; and individuals ; that noth
ing can dissolve thee- relations but revolution ;
and that, therefortjphel-e can be no such thing
as secession withoutvolutton. All this follows,
as it iseems to me, aa just consequence, if it be
first proved that Uo.-ftConstitution of the United
; ig a GovermT) ;nt pro)el.f ow' protection
, tQ individu;lls aiuU titled to their obedience.
j .
The people, sir, "p. every State, live under two
Governments. Tliiaowe obedience to both. -These
Governmeuy though distinct, are not
adverse. Each has .jts separat sphere, and its
peculiar powers', art i duties. Itisjiota contest
betwedh two soverei for the same pow er, like
the wars of the ri val Houses in England ; nor is
it a dispute betweer u government de facto, and
l Government ue hi r. It is a cusp of a divieinn
nf powers, between two governments, made by
tle people, to w hic both are responsible. Nei
ther can dispense w. ;h the duty which individuals
owe to the other ; iither can call itself master
of the other : the p 'ople are masters of bodi.
This division ofpeer, it is true, is in a great
measure unknown i F.'uronf It k ih r.A..i;i
systeiri of America - and, though new and angu
lar, it is not incomr. eheusible. The State con
stitutions are estab hed by the pe iple of the
: "T 1 ms consl-utio,, is established by the
PCP F f,f "T' th,en a State
e 6 "ow.cau.State undo what the whole
pewple have done j-iIow can she absolve her ci
tizens from their obedience to the laws of the U-
mted St;ite f ' i I 5pm n clip jiinul tSeli. ....;
.... -. vj
0I15 amlo;itlls f i0;in tie members ot her Le
g'islature renounce'jjie r own oaths ? Sir, secessi
on as a revolutionary, right, is intelligible; as a
right to be jroclai,r,ed in the midst of civil, com
motionsj and asserfikl at the head of armies", I can
understand it. ,Uut,i as a practical right, existing
under .the coijstitutjt)n, and in conformity with its
provisions, it seem? ; to me to be nothing but a
pla.n absurdity :. fol it supposes resistance to Go
vernment under th authority of Government it
self; it supposes jsinemberment, without vio
lating the principle f of union ; j4upposes oppo
sition to law, withi -ut crime ; it Supposes the vi
olat on of oaths, without responsibility ; it sup
poses the toul ovelirow ofGovenraient, without
revolution. ; 4
(To be coiftfuded in our next.)
LATENT ;ilO.M ENGLAND.
iXcw-lork, March 23.
Tltis mnrmnjlie packet ship Sampson,
arrived,, qiingij g Lindun papers to the
evenii.g of tlie X of February. On that
day, the Iving Jiid, in person, delivered
h.- f.iiluwwig .ppbriant Speec'.i ta Far
i lament;..- ?, '
My Lo rds and tlenttemm:
The period beio" now arr
at wjiph the business of Parliament is u-
suailjMtesuiurtr, 1 have called you toge
ther for tlie discharge of the important du
tics witlt which yoju are enti listed. lSe
ver at any time did subjects of greater in
terest aod magnitude call for your attend
tion.
I have still to lament the continuance
of the civil war in Pon.iiral, which for
some months has existed between the
Princes oflie. House ff Braanza. From
the commencement of this contest. I have
abstained from alK interference, except
such as was required for the protection
of British subjects resilient in Portugal $
but you may Le assured that I shall not
tail to avail myselt ot an opportunity that
may be afforded me to assist in restoring
peace to a country with which the inter
ests of 'my dominions are so intimately
connected.
' I have also to regret that my earnest
endeavors to effect a definitive arrange
ment between Holland ami Belgium, have
hitherto been unsuccessful. I found my
self, at length, compelled, in conjunction
with tlie King of ihe French, to take mea
sure.s for the execution of the Treaty of
the Uth Nov. 1851. The capture of the
citadel of Antwerp has in part accomplish
ed that object, Uut the Dutch Government
still refusing to evacuate the rest of the
territories assigned to Belgium by that
Treaty, the embargo which I had direct
ed to be imposed on the Dutch commerce
has bren continued. Negotiations are
again commenced ; and you may rely on
their being conducted on my part, as.lhey
have uniformly been, with the single view
of ensuring to Holland and Belgium a se
parate existence, on principles of mutual
security and independence.
The good laith and honor with which
the French Gove; nment has acted in these
transactions ; and the assurances which 1
continue to receive from the chief Pow
ers of Europe ot their friendly disposition,
give me Confidence in the success of my
endeavors lo preserve the general peace.
I have given directions that the various
papers which are necessary-for your infor
mation on the affairs of Holland and Bel
gium should be laid before you. -
The approaching termination of tho
charter of the Bank of England and of
the East India Cotnpauy will require a
revision of these establishments, and 1 re
ly on your wisdom for making such pro
visions for tlie important iuteest9 connect
ed with them, as may appear, from expe
rience and full consideration, to be best
calculated to secure public credit, to im
prove and extend our commerce, and to
promote tlie general prosperity and pow
er of tiie liritish Empire. x
' Your attention will also be directed
to the state of the Church, more particu
larly as regards its temporalities and the
maintenance of the Clergy. The 'com
plaints which have risen from the collec
tion of Tithes appear to require a change
ot system, which, without diminishing the
means of maintaining the established
Clergy in respectability and usefulness,
may prevent the collision of interests,
and the consequent derangement and dis
satisfaction which have too frequently
prevailed between the Ministers of the
Church and their parishioners. It may
also be necessary for you to consider what
remedies may be apjdied for the correc
tion of acknowledged abuses, and whe
ther the revenues of the Church may not
admit of a more equitable and judicious
distribution.
k In your deliberations oj these impor
tant subjects, it cannot be rlecesary for
me to impress upon you the duty of care
fully attending to the security ot the
Cnurch established bv law in these realms
and to the true interests of-Religion.
Iti relation to Ireland, with a view of
removing the causes of complaint which
nad been so generally felt, and which had
been attended with such unfortunate con
sequences, an act was passed during the
last session of Parliament for carrying
into effect a general composition for Tithes.
To complete that salutary work, I recom
mend to you, itr conjunction with such
other amendments of the law, as may be
found applicable to that part of my domi
nions, tlie adoption of a measure by which,
upon the principle of a just commutation,
t"e possessbrs of land, may be enabled to
free themselves from the burthen of an
annual .payment.
To the further reforms that, may be
necessary, you will probably, find that,
although the established Church of Ire
land is by law permanently united with
that of England, the peculiarities of their
resjtective circumstances will require a
separate consideration. There are other
subjects hatdlvless important to the gen
eral peace and welfare of Ireland, affect
ing the administration of justice, and the
local taxat.on of the country, to which
your attention will also be required.
Gentlemen of tlu House of Commons :
I have directed the estimates
for the service of tlj.e year to be laid be
fore you. They will be framed with the
most anxious attention toall useful econo
my. Notwithstanding the large reduction
in the estimates of the last year, I am hap
py to inform you that all the extraordina
ry services which the exigencies of the
times required, have been amply provided
for.. The state of the revenue as com
pared with the public expenditure, has
hitherto fully realized ihe expectations
that were formed at the close of the last
session.
" My Lords and Gentlemen .
" In this part of the United King
dom, with very few .-exception's, the puo
lic peace, ha been preserved ; and it will
be your anxious but grateful duty to pro
mote by all practicable means, habits of
industry and good order among the labur
classes of. the comnittaitv.
v - y
ilfln iHif r,til rf..ll l "
" "V l'a4r -au oe ready to
operate to the utioCst of n,v power i
waling altVjust cause of complaint
r. promoting aM well considered n,eaC
ol improvement! but it is my paii.f,,?
ty to observe, that the disturbances ?"
Ireland to-which I adverted at the c l
of the last session, have greatly il,c. Pa
A spirit ot inMibnnlii.atioh and v
lence has risen to the most fearful heii
rendering life and property insecure,
fying ihe authority of tlie law, and t'.i'r?,!'
ening the most fatal consequences if nij!
promptly anil effectually repressed."' '
The emoargo ml Dutch vessels had R(1
been taken off, and it was said would ,
be while affairs with thai country remain
ed unsettled.
liCtters lrorn Swabia announce the pro
bability of Ibrahim Pa'cha assenting to
cessation of hostilities, with a view tu
definitive arrangement of the difVeretue
between the Sultan and his insurn
iceroy.
.Accounts from Constantinople to Janna
ry 6th state, that the Sultan, in the tstre
utity of his distress, had accepted the of
fer of&ssistance made by th- E'.nperun,
Russia, and that a Russian officer et .
for Egypt,4to demand the submission
tlie Viceroy to the Sublime ForteV
PARIS, FT.B- -i, :
The naval preparations at Brest con
tinue to be prosecu4l with undimi
ed energy, anxl some of the ships of ua
were already in a condition to put to sea
The Army of the North, the head quar
tcrsof wiiich were at Compeigne, hail beet
restored to the, same footing us that'tijM!
wiiich it was-placed before its receut e;i
try into Belgium.
Accounts from Spain received by th
French journals, state that some paitia
disturbances in that" kingdom had beeaef
fectualiy put down, and'that Don Carlo
(the King's brother) was under arrest ii
tiis own apartments.
Accountf. from Brazil state, that a RV
volution' is hourly apprehended. Tin
louver orders are clamorous for a R.-pub
lican Government, whilst others are c'a
inorous, some in favor of Don Pedro, aut
pothers io favor of Don Miguel.
tmm tm- Mil
SI ILL LATER.
Phiiadelptia March 25.
By the packet ship Grace Brown, Lon
don dates are received to the 8th of Feb
ruary.
' The London papers are almost exclu
sively occupied with the. discussions j
Parliament on the King's Speech.
Mr. O'Conneil denominated the King'
speech a brutal and blood v specc .:
The debates are of the most piquant kim!
if indeed a broader and blunter won
would not be more expressive.
The London Morning Chronicle of th
8th says:
44 In the House of Lord3, lasLcinfil
Lord King, in moving for an account i
the sums paid outjwf the livings held b'
Ecclesiastical Corporations to theellicreu
Clergy, took occasion to deal out som
very hard blows to the Dignitaries ol th
Church. After specifying a number o
cases in which, notwithstanding th:
enormous increase in the value of tn
Tithe?, the allowances to the8 ofuciatmj
ministers by the Deans and Ci.aptet
were not more now than they were t w i
hundred year3 ago his Lordship on
tended that this was a most scaiiil.di)U:
abuse, and ought tJ have been reiiieiiid
long ago. But ks experience has prove'
(said his Lordship) that from the Refur
mation down to the present time, the pra
tecturs of the Church had shown tnem
selves more disposed to protect the man'
abuses of the Church, than that a refor
mation should take place ; and they La"
useil all their influence and power, as tin
first estate of the realm holding seats i:
that, house, to prevent reforms It wa
their duty ttisee that there were mi aba
ses ; and if there were and they hadnu
tire means to correct them they ought f
apply to Parliament. The King's epeec'
recommended an equitable ditr ibutiom1
the revenue. He hoped that this equaii
zaiion would take place ; he hoped tbi
pluralities would be done away with; ans
he wished! in addition, in order that Ec
clesiastical persons mjght not neglect their
duties, that lhey; might be confined M
their spiritual functions."
The Bishop of London made a ven
naive defence of the Church. Wins
(said the Right Reverend Father in Gw
the Noble Lord said that not much fa!
been done, and referred to
he seemed to forget that it was only
late years" that any expectation had bei"5
fon.ied har The imperfections ofti;s
Church hid only been discovered with-5
a few years ; before that time.atteaii
had not been tlirected to the subjVct,'
it wus only .within a few years thai 'an i"-'
pet us hud been given lo the Ctergt)."
The speech of; Mr. Cobbettjasi
was, in his happiest style. He bsheJ
Mr. Stanley aud Mr. Macaulay, iaiiW
of sarcasm peculiarly racy. MrJMaf
lay, indeed, had afforded hstu a ii'"'"
of which he dexterously availed ilii;"
in attempting to distinguish between t'e
causes of American and Irish reifi13.
Mr.' Cobbett analyzed the Deelararw!1
Independence drawn up by Jellef'" '
and certainly showed that ti.e aua.W.
between the cases of Ireland and
ca vvcre not so remote as Mr. Maci'J"
had supposed it 1o be- ' r'
The Augsburg Gazette of thelM'
C , . '11 tT i ' ! V
brings the following important uitel'1-";.
fiim Vienna: Accordii g to atf". 5
(yum Constantinople which nae ju
deceived by express, an armistice f ' i
ty days have iustbeen concluded Vi
.i... lv . .....I-.... -I'., d-. Tii 111
iuc i'jy pi iHfii uuu i ui i. -.
gocutiuns fur the final settlement i-
fi.ir : - i ...4 .. id, il:e 'ifi,r
iim. rcuces are canieo on .i..---
'V,-
ardour by the Reprcsti.tat.v
es ji
v
.
0,