IC-NI SB 53t Memorable American Speeches II Democracy and Nationality \ ILafersifce Classics Memorable American Speeches ii Democracy and Nationality COLLECTED AND EDITED BY JOHN VANCE CHENEY Cfcica0o R. R. DONNELLEY & SONS COMPANY CHRISTMAS, MCMVI11 C su v, 3, Deface THE present volume of the Lakeside Classics continues the series of memor able American speeches begun last year, and covers the first half-century of our na tional life. It is unfortunate that the purpose of the Lakeside Classics does not permit of an exhaustive collection of American orations. The field is extensive and exceedingly rich, but the limited size of the volumes, and the infrequency of their appearance, would make an attempt at anything like a complete collec tion ineffective and wearisome. The Pub lishers have, therefore, contented themselves with selecting only those speeches which stand out in boldest relief on account of their literary merit or the interest of their occasion, speeches with which the average man of affairs will be most desirous of becoming familiar. For the selecting of the speeches and the editing of this volume the Publishers have again to thank Mr. John Vance Cheney. The original purpose of the Lakeside Clas sics has, to an extent, been departed from in the present volume. The book still goes forth as the Publishers idea of the possibilities of mod est but good book-making, produced by the economical methods of modern manufacturing. 5 preface Heretofore its type-setting, as well as its presswork and binding, has been done by machinery. In this volume the type-setting has been done by the apprentices in the School for Apprentices of the Lakeside Press. Realiz ing that the old-fashioned, thoroughly trained workman was passing out of the printing trade as well as other trades, the Publishers have established at their Press a school for the training of their own workmen. Boys are indentured upon graduation from grammar school for a term of seven years, and these boys, along with their factory work, spend a substantial portion of each day in the Appren tice School, where they are grounded in the technique of their trade, under a competent mechanical instructor, and also continue such academic studies as will be of assistance to them in their trade or will increase their gen eral intelligence. The setting of this volume is the first commercial product of these boys; every piece of type, including the title-page, being set by them in the school during the first three months of their apprenticeship. The Publishers believe the work gives great prom ise that the art of printing, under the proper system of training, may still be maintained at its old-time standard. THE PUBLISHERS. CHRISTMAS, 1908. SINCE the publishers have found it best to cover the future periods of American history with less detail than was indicat ed in the preceding volume, the time from Colonialism to the prolific period of the Anti- Slavery Agitation, in other words, the birth- time of Democracy and Nationality, is herein delineated by but three speakers, treating sev erally the proposition to increase the army, the War of 1812, and Foot s resolution on the Public Lands. To these is prefixed Washing ton s Farewell Address; an unparalleled sum mary of American patriotism and stateman- ship, " the most famous and most influential piece of advice in the history of our country." While the present selection necessarily omits important topics, such as the British Treaty, the repeal of the Sedition Law, and the admis sion of Louisiana, it offers brilliant illustra tions of the themes considered; one of them, the Reply to Hayne, considered by many to be the finest effort of the Salisbury giant of the Senate. J. V. C. Contents GEORGE WASHINGTON PAGE Farewell Address . . 13 JOHN RANDOLPH On the Militia Bill . 41 HENRY CLAY On the War of 1812 . . 67 DANIEL WEBSTER The Reply to Hayne . . .107 Memorable American Speeches (1732-1799) FAREWELL ADDRESS [Published in Claypoole s American Daily Adver tiser, September 19, 1796.] FRIENDS AND FELLOW-CITIZENS: THE period for a new election of a citizen to administer the Executive Government of the United States being not far dis tant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed to decline being considered among the number of those out of whom a choice is to be made. I beg you at the same time to do me the justice to be assured that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that in withdrawing the tender of service which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grate ful respect for your past kindness, but am 13 American supported by a full conviction that the step is compatible with both. The acceptance of and continuance hither to in the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disre gard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this previous to the last election had even led to the preparation of an address to declare it to you; but mature re flection on the then perplexed and critical pos ture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea. I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety, and am persuaded, whatever partiality may be retained for my services, that in the present circum stances of our country you will not disapprove my determination to retire. The impressions with which I first undertook the arduous trust were explained on the prop er occasion. In the discharge of this trust, I will only say that I have, with good intentions, contributed towards the organization and ad- 14 ministration of the government the best exer tions of which a very fallible judgment was capable. Not unconscious in the outset of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffi dence of myself; and every day the increasing weight of years admonishes me more and more that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services they were temporary, I have the consolation to believe that while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking foward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of grat itude which I owe to my beloved country for the many honors it has conferred upon me; still more for the steadfast confidence with which it has supported me, and for the oppor tunities I have thence enjoyed of manifesting my inviolable attachment by services, faithful and persevering though in usefulness unequal to my zeal. If benefits have resulted to our country from these services let it always be remembered to your praise, and as an instruct ive example in our annals, that under cir cumstances in which the passions, agitated in every direction, were liable to mislead, amidst 15 American appearances sometimes dubious, vicissitudes of fortune often discouraging, in situations in which not unfrequently want of success has countenanced the spirit of criticism, the con stancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Profoundly pene trated with this idea, I shall carry it with me to the grave as a strong incitement to unceasing vows that Heaven may continue to you the choicest tokens of its beneficence ; that your union and brotherly affection may be per petual; that the free constitution which is the work of your hands may be sacredly main tained; that its administration in every depart ment may be stamped with wisdom and virtue; that, in fine, the happiness of the people of these states, under the auspices of liberty, may be made complete by so careful a preser vation and so prudent a use of this blessing as will acquire to them the glory of recommend ing it to the applause, the affection, and adop tion of every nation which is yet a stranger to it. Here, perhaps, I ought to stop; but a solici tude for your welfare, which cannot end but with my life, and the apprehension of danger natural to that solicitude, urge me on an occa sion like the present to offer to your solemn contemplation, and to recommend to your fre quent review, some sentiments which are the result of much reflection, of no inconsiderable 16 George 3afjington observation, and which appear to me all-im portant to the permanency of your felicity as a people. These will be offered to you with the more freedom as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsels; nor can I forget, as an encour agement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of your hearts, no recommen dation of mine is necessary to fortify or confirm the attachment. The unity of government, which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edi fice of your real independence; the support of your tranquillity at home, your peace abroad, of your safety, of your prosperity in every shape, of that very liberty which you so high ly prize. But as it is easy to foresee that from different causes and from different quar ters much pains will be taken, many artifices employed, to weaken in your minds the convic tion of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most con stantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective 17 American and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it, accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity ; watching for its preservation with jealous anxiety, dis countenancing whatever may suggest even a suspicion that it can in any event be aban doned, and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link to gether the various parts. For this you have every inducement of sym pathy and interest. Citizens by birth or choice of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference you have the same religion, manners, habits, and political princi ples. You have in a common cause fought and triumphed together. The independence and liberty you possess are the work of joint counsels, and joint efforts of common dangers, sufferings, and successes. But these considerations, however power fully they address themselves to your sensibili ty, are greatly outweighed by those which apply more immediately to your interest. Here 18 <*0eorge every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. The North, in an unrestrained intercourse with the South, protected by the equal laws of a common government, finds in the pro ductions of the latter great additional re sources of maritime and commercial enterprise, and precious materials of manufacturing in dustry. The South, in the same intercourse, benefiting by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the sea men of the North, it finds its particular navi gation invigorated; and while it contributes, in different ways, to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is unequally adapted. The East, in a like intercourse with the West already finds, and in the progressive improve ment of interior communications by land and water will more and more find, a valuable vent for the commodities which it brings from abroad or manufactures at home. The West derives from the East supplies requisite to its growth and comfort, and what is perhaps of still greater consequence it must of necessity owe the secure enjoyment of indispensable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an 19 American indissoluble community of interest as one nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength or from an apostate and unnatural connection with any foreign power, must be intrinsically precarious. While, then, every part of our country thus feels an immediate and particular interest in union, all the parts combined in the united mass of means and efforts cannot fail to find greater strength, greater resource, proportion- ably greater security from external danger, a less frequent interruption of their peace by foreign nations; and, what is of inestimable value, they must derive from union an ex emption from those broils and wars between themselves which so frequently afflict neigh boring countries not tied together by the same governments, which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attachments, and intrigues would stimulate and embitter. Hence, likewise they will avoid the necessity of those overgrown military establishments which under any form of government are in auspicious to liberty, and which are to be regarded as particularly hostile to republican liberty. In this sense it is that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other. 20 Ocorgc t^agfjingtcm These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of patriotic desire. Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it. To listen to mere speculation in such a case were criminal. We are author ized to hope that a proper organization of the whole, with the auxiliary agency of govern ments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union affecting all parts of our country, while ex perience shall not have demonstrated its im practicability, there will always be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands. In contemplating the causes which may disturb our union, it occurs as matter of seri ous concern that any ground should have been furnished for characterizing parties by geographical discriminations Northern and Southern, Atlantic and Western whence de signing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts is to misrepresent the opinions and aims of other districts. You cannot shield yourselves 21 American too much against the jealousies and heart burnings which spring from these misrepre sentations; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our Western country have lately had a useful lesson on this head; they have seen in the negotiation by the executive, and in the unan imous ratification by the Senate, of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspi cions propagated among them of a policy in the general government and in the Atlantic States unfriendly to their interests in regard to the Mississippi ; they have been witnesses to the formation of two treaties, that with Great Britain and that with Spain which secure to them everything they could desire in re spect to our foreign relations towards con firming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the union by which they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens ? To the efficacy and permanency of your union a government for the whole is indispen sable. No alliances, however strict, between the parts can be an adequate substitute. They must inevitably experience the infrac- 22 George ta|)ington tions and interruptions which all alliances in all times have experienced. Sensible of this momentous truth, "you have improved upon your first essay by the adoption of a consti tution of government better calculated than your former for an intimate union, and for the efficacious management of your common concerns. This government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature de liberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presup poses the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real de sign to direct, control, counteract, or awe the 23 American regular deliberation and action of the consti pated authorities, are destructive of this funda- menfal principle. and_o fatal tendency" Tney serve to organize faction, to give it an artifi cial and extraordinary force, lo put in the^ilace of the olelegated will of the nation the_will of a[- party -+- ofteTT a small but artful ajjTentgr- ^jprisingrinnority of the comrnunjty^ and ? ac cording to the alternate triumphs of different parties, to make the public administratiorULa mirrorof the ill-concerted and ^ projects of faction rather than the organ of consistent^ and wholesome plans, digested by common councils, and modified by mutual interests. However combinations or associ ations of the above description may now and then_answer popular ends, they are likely^ in tlie course of time and things,, to become po tent engines by which cunning, ambitious, and unprincipled men will be enabled^to subvert the power "of the people, and to usurp for \ themselves the reins of government, destroying ^afterwards the very engines w^jch have lifted v j^gm to unjust dominion. ^"Towards the preservation of your govern ment, and the permanency of your present happy state, it is requisite not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect in the 24 <*B>eorge IDaa Ijington forms of the constitution alterations which will impair the energy of the system, and thus to undermine what cannot be directly over thrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the exist ing constitution of a country; that facility in changes upon the credit of mere hypothesis and opinion exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember especially that for the efficient management of your common interests in a country so extensive as ours a government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is indeed little else than a name where the government is too feeble to withstand the enterprises of faction to confine ** each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the state, with particular refer ence to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you in the most 25 American solemn manner against the baneful effects of tSe*spTnt"of party generally. /This spirit, unfortunately, is inseparable from our natureThaving its root in the strong est passions of the human min.__Lt_exists under different shapes in all governments^ rnore or less stifled, controlled, or repre"ssec|; but in those of the_rjqpular form it is seen in its greatest rankness. and is truly their worst le alternate domination of one faction over another, sharpened by tne spirit ot "revenge natural to party dissension, which in different ages and countries has perpetrated the most Horrid enormities T is itself a frightful cfespot- ism. Jgut_ this leads at length to a more formal and permanent despotism. The dis- orders and miseries which result gradually in cline tne minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevail ing faction, more able or more fortunate than his^ competitors, turns this disposition to the rjurppses of his own elevation on the ruins oTpuBTiC libeTfy. : """ " Without looking forward to an extremity of this kind (which neverless ought not |o fre en tirely out of sightX the common and continual mischiefs of the spirit of party are sufficient to make it the? int pr<ac and duty of a wise people to discourage ancj rpqtnHn it. It serves always to distract the public coun- 26 cils and enfeeble the public administration. It agitates the commumity with ill-founded jealousies and false alarms, kindles the animos ity of one part against another, foments occa sionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions.. Thus the policy and the will of one country are subjected to the policy and will of another. There is an opinion that parties in free countries are useful checks upon the admin istration of the government, and serve to keep alive the spirit of liberty. This, within cer tain limits, is probably true, and in govern ments of a monarchical cast patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the pop ular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency it is certain there will always be enough of that spirit for every sal utary purpose; and there being constant dan ger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should con sume. It is important, likewise, that the habits of thinking in a free country should inspire cau tion in those intrusted with its administration 27 American to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the de partments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power by dividing and distributing it into dif ferent depositories, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern, some of them in our country, and under our own eyes. To pre serve them must be as necessary as to institute them. If in the opinion of the people the distribution or modification of the constitu tional powers be in any particular wrong, let it be corrected by an amendment in the way which the constitution designates. But let there be no change by usurpation; for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield. Of all the dispositions and habits which lead 28 oBeorge to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere poli tician, equally with the pious man, ought to respect and cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of in vestigation in courts of justice? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar struc ture, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle. Tis substantially true that virtue or moral ity is a necessary spring of popular govern ment. The rule indeed extends with more or less force to every species of free govern ment. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric ? Promote, then, as an object of primary im portance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion 29 American it is essential that public opinion should be enlightened. As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible: avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disburse ments to repel it; avoiding likewise the ac cumulation of debt, not only by shunning occasions of expense, but by vigorous ex ertions in time of peace to discharge the debts which unavoidable wars may have oc casioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your representatives, but it is neces sary that public opinion should co-operate. To facilitate to them the performance of their duty it is essential that you should practically bear in mind that towards the payments of debts there must* be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and unpleasant; that the intrinsic embarrassment inseparable from the selection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of acquiescence in the measures for obtaining 30 revenue which the public exigencies may at any time dictate. Observe good faith and justice towards all nations. Cultivate peace and harmony with all. Religion and morality enjoin this con duct; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and at no distant period a great nation to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it? Can it be that Providence has not connected the permanent felicity of a nation with its virtue? The experiment at least is recom mended by every sentiment which ennobles human nature. Alas, is it rendered impossi ble by its vices ! In the execution of such a plan nothing is more essential than that permanent, inveterate antipathies against particular nations and pas sionate attachments for others should be excluded; and that in place of them just and amicable feelings towards all should be culti vated. The nation which indulges towards another an habitual hatred or an habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection; either of which is sufficient to lead it astray from its ^lemorafile American duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and in tractable when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation prompted by ill-will and resent ment sometimes impels to war the govern ment, contrary to the best calculations of policy. The government sometimes partici pates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility in stigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometime perhaps the liberty, of nations has been the victim. So, likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the elusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, with out adequate inducement or justification. It leads also to concessions to the favorite na tion of privileges denied to others, which is apt doubly to injure the nation making the concessions by unnecessarily parting with 32 oBeorge what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate in the parties from whom equal privileges are withheld; and it gives to am bitious, corrupted, or deluded citizens who devote themselves to the favorite nation fa cility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity, gilding with the ap pearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in in numerable ways, such attachments are par ticularly alarming to the truly enlightened and independent patriot. How many oppor tunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak towards a great and power ful nation dooms the former to be the satellite of the latter. Against the insidious wiles of foreign in fluence, I conjure you to believe me, fellow- citzens, the jealousy of a free people ought to be constantly awake; since history and ex perience prove that foreign influence is one of the most baneful foes of republican govern ment. But that jealousy, to be useful, must 33 American be impartial, else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation, and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the peo ple to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is, in extending our com mercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests which to us have none or a very remote relation. Hence she must be engaged in frequent contro versies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off when we 34 may defy material injury from external annoy ance ; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossi bility of making acquisitions upon us, will not lightly hazard the giving us provocation when we may choose peace or war, as our interest, guided by our justice, shall counsel. Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground ? Why, by interweaving our destiny with that of any part of Europe, en tangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice ? J T is our true policy to steer clear of perma nent alliances with any portion of the foreign world, so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to exist ing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I re peat it, therefore, let those engagements be observed in their genuine sense; but in my opinion it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves, by suitable establishments, on a respectable de- ensive posture, we may safely trust to tempo- ary alliances for extraordinary emergencies. 35 American Harmony, liberal intercourse with all na tions, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand: neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; diffusing and diversifying by gen tle means the streams of commerce, but forc ing nothing; establishing with powers so dis posed in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as ex perience and circumstances shall dictate; con stantly keeping in view that J t is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character; that by such accept ance it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. T is an illui ion which experience must cure; which a just pride ought to discard. In offering to you, my countrymen, these counsels of an old and affectionate friend, I 36 dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But if I may even flatter myself that they may be productive of some partial bene fit, some occasional good, that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism, this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. How far in the discharge of my official duties I have been guided by the principles which have been delineated, the public records and other evidences of my conduct must wit ness to you and to the world. To myself the assurance of my own conscience is that I have at least believed myself to be guided by them. In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of Congress, the spirit of that measure has continually gov erned me, uninfluenced by any attempts to deter or divert me from it. After deliberate examination with the aid of the best lights I could obtain, I was well 37 American satisfied that our country, under all the cir cumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I de termined, as far as should depend upon me, to maintain it, with moderation, perseverance, and firmness. The considerations which respect the right to hold this conduct it is not necessary on this occasion to detail. I will only observe that according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations. The inducements of interest for observing that conduct will best be referred to your own reflections and experience. With me, a pre dominant motive has been to endeavor to gain time to our country, to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes. Though, in reviewing the incidents of my administration, I am unconscious of intentional 38 error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence ; and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abil ities will be consigned to oblivion, as myself must soon be to the mansions of rest. Relying on its kindness in this as in other things, and actuated by that fervent love towards it which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I antici pate with pleasing expectation that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking in the midst of my fellow-citizens the benign influ ence of good laws under a free government, the ever-favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers. 39 (1773-1833) ON THE MILITIA BILL [Delivered December 10, 1811, in the House of Representatives.] MR. SPEAKER: THIS is a question, as it has been pre sented to this House, of peace or war. In that light it has been argued; in no other light can I consider it, after the declara tions made by members of the committee of foreign relations. | Without intending any dis respect to the "chair, I must be permitted to say that if the decision yesterday was correct, "that it was not in order to advance any arguments against the resolution drawn from topics before other committees of the House," the whole debate, nay, the report itself, on which we are acting, is disorderly; since the increase of the military force is a subject, at this time, in agitation by a select committee, raised on that branch of the President s mes sage. But it is impossible that the discussion of a question, broad as the wide ocean of our foreign concerns, involving every considera tion of interest, of right, of happiness, and of safety at home ; touching in every point all that is dear to freemen, "their lives, their for- jmemora&Ie American tunes, and their sacred honor," can be tied down by the narrow rules of technical routine. The committee of foreign relations have indeed decided that the subject of arming the militia, which has been pressed upon them as indispensable to the public security, does not come within the scope of their authority. On what ground, I have been and still am unable to see, they have felt themselves authorized to recommend the raising of standing armies, with a view (as has been declared) of imme diate war, a war, not of defense, but of con quest, of aggrandizement, of ambition, a war foreign to the interests of this country; to the interests of humanity itself. v I know not how gentlemen calling them selves republicans can advocate such a war. What was their doctrine in 1/98-99, when the command of the army, that highest of all pos sible trusts in any government, be the form what it may, was reposed in the bosom of the father of his country, the sanctuary of a nation s love, the only hope that never came in vain ; when other worthies of the Revolu tion Hamilton, Pinckney, and the younger Washington, men of tried patriotism, of ap proved conduct and valor, of untarnished hon or held subordinate command under him. Republicans were then unwilling to trust a standing army even to his hands, who had given proof that he was above all human temp tation. ; Where now is the Revolutionary hero 42 n itanfcolpf) to whom you are about to confide this sacred trust? To whom will you confide the charge of leading the flower of our youth to the heights of Abraham ? J Will you find him in the person of an acquitted felon ? What ! Then you were unwilling to vote an army where such men as have been named held high com mand ! When Washington himself was at the head did you show such reluctance, feel such scruples; and are you now nothing loth, fear less of every consequence ? Will you say that your provocations were less then than now, when your direct commerce was interdicted, your ambassadors hooted with derision from the French court, tribute demanded, actual war waged upon you ? Those who opposed the army then were in deed denounced as the partisans of France, as the same men (some of them at least) are now held up as the advocates of England; those firm and undeviating republicans who then dared, and now dare, to cling to the ark of the Constitution, to defend it even at the ex pense of their fame, rather than surrender themselves to the wild projects of mad ambi tion. There is a fatality attending plenitude of power. Soon or late, some mania seizes upon its possessors; they fall from the dizzy height through giddiness. Like a vast estate heaped up by the labor and industry of one man which seldom survives the third genera tion, power gained by patient assiduity, by a 43 Jftemorairte American faithful and regular discharge of its attendant duties, soon gets above its own origin. Intoxi cated with their own greatness, the federal party fell. Will not the same causes produce the same effects now as then ? Sir, you may raise this army, you may build up this vast structure of patronage, but " lay not the flat tering unction to your souls," you will never live to enjoy the succession. You sign your political death-warrant. [Mr. Randolph here adverted to the provocation to hostilities from shutting up the Mississippi by Spain in 1803 but more fully to the conduct of the House in 1805-6, under the strongest of all imaginable pro vocations to war, the actual invasion of our country. He read various passages from the President s pub lic message of December 3, 1805.] The peculiar situation of the frontier, at that time insulted, alone induced the commit tee to recommend the raising of regular troops. It was too remote from the population of the country for the militia to act in repelling and chastising Spanish incursion. New Orleans and its dependencies were separated by a vast extent of wilderness from the settlements of the old United States; filled with a disloyal and turbulent people alien to our institutions, language, and manners, and disaffected tow ards our government. Little reliance could be placed upon them, and it was plain that if "it was the intention of Spain to advance on our possessions until she be repulsed by an opposing force," that force must be a regu- 44 \ar army, unless we were disposed to abandon all the country south of Tennessee; that "the protection of our citizens, and the spirit and the honor of our country, required that force should be interposed." Nothing remained but for the legislature to grant the only practicable means, or to shrink from the most sacred of all its duties; to abandon the soil and its in habitants to the mercy of hostile invaders. Yet this report, moderate as it was, was deemed of too strong a character by the House. It was rejected, and at the motion of a gentleman from Massachusetts (Mr. Bid- well, who has since taken a great fancy also to Canada, and marched off thither in advance of the committee of foreign relations), "two millions of dollars were appropriated towards " (not in full of) "any extraordinary expense which might be incurred in the intercourse between the United States and foreign na tions"; in other words, to buy off, at Paris, Spanish aggressions at home. Was this fact given in evidence of our im partiality towards the belligerents : that to the insults arid injuries and actual invasion of one of them we opposed, not bullets, but dol lars? that to Spanish invasion we opposed money, whilst for British aggression on the high seas we had arms, offensive war ? But Spain was then shielded, as well as instigated, by a greater power. Hence our respect for her. Had we at that time acted as we ought 45 American to have done, in defense of our rights, of the natale solum itself, we should, I feel con fident, have avoided that series of insult, dis grace, and injury which has been poured out upon us in long, unbroken succession. We would not then raise a small regular force for a country where the militia could not act to defend our own territory; now we are willing to levy a great army, for great it must be to accomplish the proposed object, for a war of conquest and ambition; and this, too, at the very entrance of the "northern hive," of the strongest part of the Union. An insinuation has fallen from the gentle man from Tennessee [Mr. Grundy], that the late massacre of our brethren on the Wabash was instigated by the British government. Has the President given any such information ? Is it so believed by the administration ? I have cause to believe the contrary to be the fact; that such is not their opinion. This insin uation is of the grossest kind, a presumption the most rash; the most unjustifiable. Show but good ground for it, I will give up the question at the threshold. I will be ready to march to Canada. It is, indeed, well calculated to excite the feelings of the western people particularly, who are not quite so tenderly attached to our red brethren as some of our modern philosophers; but it is destitute of any foundation, beyond mere surmise and suspicion. What would be thought, if, without any proof 46 whatsoever, a member should rise in his place and tell us that the massacre in Savannah a massacre perpetrated by civilized savages with French commissions in their pockets was excited by the French government ? There is an easy and natural solution of the late trans action on the Wabash, in the well-known character of the aboriginal savage of North America, without resorting to any such mere conjectural estimate. I am sorry to say that, for this signal calamity and disgrace, the House is, in part at least, answerable. Session after session, our table has been piled up with Indian treaties, for which the appropria tions have been voted as a matter of course, without examination. Advantage has been taken of the spirit of the Indians, broken by the war which ended in the treaty of Grenville. Under the ascendency then acquired over them, they have been pent up by subsequent treaties, into nooks; straitened in their quarters by a blind cupidity, seeking to ex tinguish their title to immense wildernesses, for which (possessing, as we do already, more land than we can sell or use) we shall not have occasion for half a century to come. It is our own thirst for territory, our own want of moderation, that has driven these sons of nature to desperation, of which we feel the effects. Although not personally acquainted with the late Colonel Daveiss, I feel, I am persuaded, as 47 jftemora&le American deep and serious regret for his loss as the gentleman from Tennessee himself. I know him only through the representation of a friend of the deceased [Mr. Rowan], some time a member of this House , a man who, for native force of intellect, manliness of character, and high sense of honor, is not inferior to any that have ever sat here. With him I sympathize in the severest calamity that could befall a man of his cast and character. Would to God they were both now on this floor. From- my per sonal knowledge of the one, I feel confident that I should have his support , and I believe (judging of him from the representation of our common friend) of the other also. I cannot refrain from smiling at the liberal ity of the gentleman in giving Canada to New York, in order to strengthen the northern bal ance of power; while, at the same time, he forewarns her that the western scale must preponderate. I can almost fancy that I see the capitol in motion towards the falls of Ohio; after a short sojourn, taking its flight to the Mississippi, and finally alighting on Darien; which, when the gentleman s dreams are realized, will be a most eligible seat of government for the new republic (or empire) of the two Americas ! But it seems that "in 1808 we talked and acted foolishly," and to give some color of consistency to that folly, we must now commit a greater. Really, I cannot conceive of a weaker reason offered 48 in support of a present measure than the jus tification of a former folly. I hope we shall act a wise part; take warning by our follies, since we have become sensible of them, and re solve to talk and act foolishly no more. It is, indeed, high time to give over such pre posterous language and proceedings. This war of conquest, a war for the acqui sition of territory and subjects, is to be a new commentary on the doctrine that repub licans are destitute of ambition; that they are addicted to peace, wedded to the happiness and safety of the great body of their people. But it seems this is to be a holiday campaign; there is to be no expense of blood or treasure on our part; Canada is to conquer herself; she is to be subdued by the principles of fra ternity ! The people of that country are first to be seduced from their allegiance and con verted into traitors, as preparatory to making them good citizens ! J Although I must ac knowledge that some of our flaming patriots were thus manufactured, I do not think the process would hold good with a whole com munity. It is a dangerous experiment. We are to succeed in the French mode, by the system of fraternization, all is French! But how dreadfully it might be retorted on the southern and western slave-holding States. I detest this subordination of treason. I No; if we must have them, let them fall by the valor of our arms; by fair legitimate con- 49 American quest ; not become the victims of treacherous seduction. ; I am not surprised at the war spirit which is manifesting itself in gentlemen from the South. In the year 1805-6, in a struggle for the carrying trade of belligerent- colo nial produce, this country was most un wisely brought into collision with the great powers of Europe. By a series of most impolitic and ruinous measures, utterly incom prehensible to every rational, sober-minded man, the southern planters, by their own votes, have succeeded in knocking down the price of cotton to seven cents, and of tobacco (a few choice crops excepted) to nothing; and in raising the price of blankets (of which a few would not be amiss in a Canadian campaign), coarse woolens, and every article of first ne cessity, three or four hundred per centum. And now that, by our own acts, we have brought ourselves into this unprecedented condition, we must get out of it in any way but by an acknowledgment of our own want of wisdom and forecast. But is war the true remedy? Who will profit by it ? Speculators; a few lucky merchants who draw prizes in the lot tery; commissaries and contractors. Who must suffer by it? The people. It is their blood, their taxes, that must flow to support it. But gentlemen avowed that they would not go to war for the carrying trade; that is, for 50 any other but the direct export and import trade; that which carries our native products abroad, and brings back the return cargo ; and yet they stickle for our commercial rights, and will go to war for them ! I wish to know, in point of principle, what difference gentlemen can point out between the abandonment of this or of that maritime right ? Do gentlemen assume the lofty port and tone of chivalrous redressers of maritime wrongs, and declare their readiness to surrender every other mar itime right, provided they may remain unmo lested in the exercise of the humble privilege of carrying their own produce abroad, and bringing back a return cargo ? Do you make this declaration to the enemy at the outset? Do you state the minimum with which you will be contented, and put it in their power to close with your proposals at their option; give her the basis of a treaty ruinous and disgrace ful beyond example and expression ? And this, too, after having turned up your noses in disdain at the treaties of Mr. Jay and Mr. Monroe ! Will you say to England, End the war when you please, give us the direct trade in our own produce, we are content ? " But what will the merchants of Salem, and Boston, and New York, and Philadelphia, and Balti more, the men of Marblehead and Cape Cod, say to this ? Will they join in a war professing to have for its object what they would con sider (and justly, too) as the sacrifice of their American maritime rights, yet affecting to be a war for the protection of commerce ? I am gratified to find gentlemen acknowl edging the demoralizing and destructive conse quences of the non-importation law; confessing the truth of all that its opponents foretold when it was enacted. And will you plunge yourselves in war because you have passed a foolish and ruinous law and are ashamed to repeal it ? " But our good friend, the French emperor, stands in the way of its repeal, and as we cannot go too far in making sacrifices to him who has given such demonstration of his love for the Americans, we must, in point of fact, become parties to his war. Who can be so cruel as to refuse him that favor ? " My imagination shrinks from the miseries of such a connection. I call upon the House to reflect whether they are not about to abandon all rec lamation for the unparalleled outrages, "in sults, and injuries" of the French government, to give up our claim for plundered millions; and I ask what reparation or atonement they can expect to obtain in hours of future dalli ance, after they shall have made a tender of their person to this gi^eat deflowerer of the virginity of republics ? We have by our own wise (I will not say wiseacre) measures so increased the trade and wealth of Montreal and Quebec that at last we begin to cast a wishful eye at Canada. Having done so much towards its improvement, by the exercise of 52 "our restrictive energies," we begin to think the laborer worthy of his hire, and to put in claim for our portion. Suppose it ours, are we any nearer to our point ? As his minister said to the king of Epirus, " May we not as well take our bottle of wine before as after this exploit?" Go! march to Canada! leave the broad bosom of the Chesapeake and her hundred tributary rivers, the whole line of seacoast from Machias to St. Mary s unpro tected ! You have taken Quebec ; have you conquered England ? Will you seek for the deep foundations of her power in the frozen deserts of Labrador ? " Her march is on the mountain wave, Her home is on the deep! " Will you call upon her to leave your ports and harbors untouched only just till you can return from Canada to defend them? The coast is to be left defenseless whilst men of the interior are reveling in conquest and spoil. But grant for a moment, for mere argument s sake, that in Canada you touched the sinews of her strength instead of removing a clog upon her resources, an incumbrance, but one which, from a spirit of honor, she will vigor ously defend. In what situation would you then place some of the best men of the nation ? As Chatham and Burke, and the whole band of her patriots, prayed for her defeat in 1776, so must some of the truest friends of their country deprecate the success of our arms 53 ;jttemora&le American against the only power that holds in check the arch-enemy of mankind. The committee have outstripped the execu tive. In designating the power against whom this force is to be employed, as has most unad visedly been done in the preamble or manifesto with which the resolutions are prefaced, they have not consulted the views of the executive, that designation is equivalent to an abandon ment of all our claims on the French govern ment. No sooner was the report laid on the table than the vultures were flocking round their prey, the carcass of a great military establishment. Men of tainted reputation, of broken fortune (if they ever had any), and of battered constitutions, "choice spirits tired of the dull pursuits of civil life," were seeking after agencies and commissions, willing to doze in gross stupidity over the public fire; to light the public candle at both ends. Honorable men undoubtedly there are, ready to serve their country ; but what man of spirit, or of self-respect, will accept a commission in the present army ? The gentleman from Tennessee [Mr. Grun- dy] addressed himself yesterday exclusively to the "republicans of the House." I know not whether I may consider myself as entitled to any part of the benefit of the honorable gentleman s discourse. It belongs not, how ever, to that gentleman to decide. If we must have an exposition of the doctrines of 54 republicanism, I shall receive it from the fathers of the church, and not from the junior apprentices of the law. I shall appeal to my worthy friends from Carolina [Messrs. Macon and Stanford] "men with whom I have meas ured my strength, " by whose side I have fought during the reign of terror; for it was indeed an hour of corruption, of oppression, of pollution. It is not at all to my taste that sort of republicanism which was support ed, on this side of the Atlantic, by the father of the sedition law, John Adams, and by Peter Porcupine on the other. Republicanism ! of John Adams and William Cobbett ! Par no- bile fratrum, now united as in 1/98, whom the cruel walls of Newgate alone keep from flying to each other s embrace, but whom, in sentiment, it is impossible to divide. Gallant crusaders in the holy cause of republicanism ! Such "republicanism does, indeed, mean any thing or nothing." Our people will not submit to be taxed for this war of conquest and dominion. The gov ernment of the United States was not calcu lated to wage offensive foreign war; it was instituted for the common defense and general welfare; and whosoever should embark it in a war of offense would put it to a test which it is by no means calculated to endure.) Make it out that Great Britian has instigated the Indians on a late occasion, and I am ready for battle; but not for dominion. I am unwilling, 55 American however, under present circumstances, to take Canada, at the risk of the Constitution, to em bark in a common cause with France, and be dragged at the wheels of the car of some Burr or Bonaparte. For a gentleman from Tennessee, or Genesee, or Lake Champlain, there may be some prospect of advantage. Their hemp would bear a great price by the exclusion of foreign supply. In that, too, the great importers are deeply interested. The upper country on the Hudson and the lakes would be enriched by the supplies for the troops, which they alone could furnish. They would have the exclusive market, to say noth ing of the increased preponderance from the acquisition of Canada and that section of the Union which the Southern and Western States have already felt so severely in the apportion ment bill. [Mr. Randolph adverted to the defenseless state of the seaports, and particularly of the Chesapeake. A single spot only on both shores might be consid ered in tolerable security, from the nature of the port and the strength of the population, and that spot unhappily governed the whole state of Maryland. His friend, the late Governor of Maryland (Mr. Lloyd), at the very time he was bringing his warlike resolutions before the legislature of the state, was liable, on any night, to be taken out of his bed, and carried off with his family, by the most contemptible picaroon. Such was the situation of many a family in Maryland and lower Virginia.] Permit me now, sir, to call your attention to the subject of our black population. I will 56 JSanfcolpfj touch this subject as tenderly as possible. It is with reluctance that I touch it at all; but in cases of great emergency, the state physician must not be deterred by a sickly, hysterical humanity from probing the wound of his pa tient; he must not be withheld by a fastidi ous and mistaken delicacy from representing his true situation to his friends, or even to the sick man himself, when the occasion calls for it. What is the situation of the slave-holding States ? During the war of the Revolution, so fixed were their habits of subordination, that while the whole country was overrun by the enemy, who invited them to desert, no fear was ever entertained of an insurrection of the slaves. During a war of seven years, with our country in possession of the enemy, no such danger was ever apprehended. But should we, therefore, be unobservant spectators of the progress of society within the last twenty years ; of the silent but powerful change wrought, by time and chance, upon its compo sition and temper? When the fountains of the great deep of abomination were broken up, even the poor slaves did not escape the gen eral deluge. The French revolution has pol luted even them. Nay, there have not been wanting men in this House witness our legis lative Legendre, the butcher who once held a seat here to preach upon this floor these im prescriptible rights to a crowded audience of blacks in the galleries ; teaching them that they 57 American are equal to their masters; in other words, ad vising them to cut their throats. Similar doc trines have been disseminated by peddlers from New England and elsewhere, throughout the Southern country; and masters have been found so infatuated, as by their lives and conversa tion by a general contempt of order, morality, and religion, unthinkingly to cherish these seeds of self-destruction to them and their families. What has been the consequence ? Within the last ten years, repeated alarms of insurrection among the slaves, some of them awful indeed. From the spreading of this infernal doctrine, the whole Southern country has been thrown into a state of insecurity. Men dead to the operation of moral causes have taken away from the poor slave his habits of loyalty and obedience to his master, which lightened his servitude by a double operation; beguiling his own cares and disarming his master s suspi cions and severity; and now, like true empi rics in politics, you are called upon to trust to the mere physical strength of the fetter which holds him in bondage. You have deprived him of all moral restraint; you have tempt ed him to eat of the fruit of the tree of knowl edge, just enough to perfect him in wickednes; you have opened his eyes to his nakedness; you have armed his nature against the hand that has fed, that has clothed him, that has cherished him in sickness; that hand which, before he became a pupil of your school, he 58 had been accustomed to press with respectful affection. You have done all this and then show him the gibbet and the wheel, as incen tives to a sullen, repugnant obedience. God forbid, sir, that the Southern States should ever see an enemy on their shores with these infernal principles of French fraternity in the van. While talking of taking Canada, some of us are shuddering for our own safety at home. I speak from facts, when I say that the night- bell never tolls for fire in Richmond that the mother does not hug her infant more closely to her bosom. I have been a witness of some of the alarms in the capital of Virginia. How have we shown our sympathy with the patriots of Spain, or with the American prov inces ? By seizing on one of them, her claim to which we had formerly respected, as soon as the parent country was embroiled at home. Is it thus we yield them assistance against the arch-fiend who is grasping at the scepter of the civilized world ? The object of France is as much Spanish-American as old Spain her self. Much as I hate a standing army, I could almost find it in my heart to vote one could it be sent to the assistance of the Spanish patriots. [Mr. Randolph then proceeded to notice the un just and illiberal imputation of British attachments against certain characters in this country, sometimes insinuated in that House, but openly avowed out of it.] 59 j^lemorafile American Against whom are these charges brought ? Against men who, in the war of the Revolu*- tion, were in the councils of the nation or fighting the battles of your country. And by whom are they made? By runaways, chiefly from the British dominions, since the breaking out of the French troubles. It is insufferable. It cannot be borne. It must and ought, with severity to be put down in this House; and out of it to meet the lie direct. We have no fellow-feeling for the suffering and oppressed Spaniards! Yet even them we do not rep robate. Strange that we should have no objection to any other people or government, civilized or savage, in the whole world ! The great autocrat of all the Russias receives the homage of our high consideration. The Dey of Algiers and his divan of pirates are a very civil, good sort of people, with whom we find no difficulty in maintaining the relations of peace and amity. "Turks, Jews, and Infidels," Melimelli or the Little Turtle, barbarians and savages of every clime and color, are welcome to our arms. With chiefs of banditti, negro, or mulatto, we can treat and can trade. Name, however, but England, and all our antipathies are up in arms against her. Against whom ? Against those whose blood runs in our veins in common with whom we claim Shakespeare, and Newton, and Chatham, for our country men; whose form of government is the freest on earth, our own only excepted; from 60 whom every valuable principle of our own institutions has been borrowed representa tion, jury trial, voting the supplies, writ of habeas corpus, our whole civil and criminal jurisprudence; against our fellow-Protestants, identified in blood, in language, in religion, with ourselves. In what school did the wor thies of our land, the Washingtons, Henrys, Hancocks, Franklins, Rutledges of America, learn those principles of civil liberty which were so nobly asserted by their wisdom and valor? American resistance to British usur pation has not been more warmly cherished by these great men and their compatriots; not more by Washington, Hancock, and Hen ry than by Chatham and his illustrious asso ciates in the British Parliament. It ought to be remembered, too, that the heart of the English people was with us. It was a selfish and corrupt ministry, and their servile tools, to whom we were not more opposed than they were. I trust that none such may ever exist among us; for tools will never be wanting to subserve the purposes, however ruinous or wicked, of kings and ministers of state. I acknowledge the influence of a Shakespeare and a Milton upon my imagination, of a Locke upon my understanding, of a Sidney upon my political principles, of a Chatham upon quali ties which, would to God, I possessed in com mon with that illustrious man ! of a Tillotson, a Sherlock, and a Porteus upon my religion. 61 American This is a British influence which I can never shake off. I allow much to the just and honest prejudices growing out of the Revolution. But by whom have they been suppressed when they ran counter to the interests of my country ? By Washington. By whom, would you listen to them, are they most keenly felt ? By felons escaped from the jails of Paris, New gate, and Kilmainham, since the breaking out of the French Revolution; who, in this abused and insulted country, have set up for political teachers, and whose disciples give no other proof of their progress in republicanism ex cept a blind devotion to the most ruthless mili tary despotism that the world ever saw. These are the patriots who scruple not to brand with the epithet of tory the men, [looking towards the seat of Colonel Stewart] by whose blood your liberties have been cemented. These are they who hold in such keen remembrance the outrages of the British armies, from which many of them are desert ers. Ask these self-styled patriots where they were during the American war ( for they are, for the most part, old enough to have borne arms), and you strike them dumb; their lips are closed in eternal silence. If it were allow able to entertain partialities, every considera tion of blood, language, religion, and interest would incline us towards England; and yet, shall they be alone extended to France and her ruler, whom, we are bound to believe, a 62 chastening God suffers as the scourge of a guilty world! On all other nations he tram ples; he holds them in contempt; England alone he hates; he would, but he cannot, de spise her; fear cannot despise; and shall we disparage our ancestors? Shall we bastard ize ourselves by placing them even below the brigands of St. Domingo? with whom Mr. Adams negotiated a sort of treaty, for which he ought to have been, and would have been, impeached if the people had not previously passed sentence of disqualification for their service upon him. This antipathy to all that is English must be French. But the outrages and injuries of England bred up in the principles of the Revolution I can never palliate, much less defend them. I well remember flying with my mother and her new-born child from Arnold and Philips; and we were driven by Tarleton and other British Pandours from pillar to post, while her husband was fighting the battles of his country. The impression is indelible on my memory; and yet (like my worthy old neigh bor, who added seven buckshot to every car tridge at the battle of Gulford, and drew a fine sight at his man) I must be content to be called a tory by a patriot of the last im portation. Let us not get rid of one evil (supposing it possible) at the expense of a greater: mutatis mutandis, suppose France in possession of the British naval power, and 63 American to her the trident must pass should England be unable to wield it, what would be your con dition ? What would be the situation of your seaports, and their seafaring inhabitants ? Ask Hamburg, Lubec ! Ask Savannah! What! Sir, when their privateers are pent up in our harbors by the British bulldogs; when they receive at our hands every rite of hospitality from which their enemy is excluded; when they capture in our own waters, interdicted to British armed ships, American vessels; when such is their deportment towards you, under such circumstances, what could you expect if they were the uncontrolled lords of the ocean? Had those privateers at Savannah borne Brit ish commissions, or had your shipments of cotton, tobacco, ashes, and what not, to Lon don and Liverpool been confiscated, and the proceeds poured into the English exchequer, my life upon it, you would never have listened to any miserable wire-drawn distinctions be tween "orders and decrees affecting our neu tral rights," and " municipal decrees " confis cating in mass your whole property; you would have had instant war ! The whole land would have blazed out in war. * And shall republicans become the instru ments of him who has effaced the title of Attila to the " scourge of God 1" Yet, even Attila, in the falling fortunes of civilization, had, no doubt, his advocates, his tools, his minions, his parasites, in the very countries that he over- 64 ran; sons of that soil whereon his horse had trod; where grass could never after grow. If perfectly fresh, instead of being as I am, my memory clouded, my intellect stupefied, my strength and spirits exhausted, I could not give utterance to that strong detestation which I feel towards (above all other works of the cre ation) such characters as Gengis, Tamerlane, Kouli-Khan, or Bonaparte. My instincts in voluntarily revolt at their bare idea. Male factors of the human race, who have ground down man to a mere machine of their impious and bloody ambition! Yet under all the ac cumulated wrongs, and insults, and robberies of the last of these chieftains, are we not, in point of fact, about to become a party to his views, a partner in his wars ? *" But before this miserable force of ten thou sand men is raised to take Canada, I beg gentle men to look at the state of defense at home; to count the cost of the enterprise before it is set on foot, not when it may be too late ; when the best blood of the country shall be spilt, and nought but empty coffers left to pay the cost. ; Are the bounty lands to be given in Canada ? It might lessen my repug nance to that part of the system, to granting these lands, not to these miserable wretches who sell themselves to slavery for a few dol lars and a glass of gin, but in fact to the clerks in our offices, some of whom, with an income of fifteen hundred or two thousand dollars, 65 American live at the rate of four or five thousand, and yet grow rich; who perhaps at this moment are making out blank assignments for these land rights. r l beseech the House, before they run their heads against this post, Quebec, to count the cost. My word for it, Virginia planters will not be taxed to support such a war, a war which must aggravate their present distresses; in which they have not the remotest interest. Wh^re is the Montgomery, or even the Arnold, or the Burr, who is to march to the Point Levi ? I call upon those professing to be republicans to make good the promises held out by their republican predecessors when they came into power; promises which, for years afterwards, they honestly, faithfully fulfilled. We have vaunted of paying off the national debt; of retrenching useless establishments; and yet have now become as infatuated with standing armies, loans, taxes, navies, and war, as ever were the Essex Junto. What republicanism is this? 66 Clay (1777-1852) ON THE WAR OF 1812 [Delivered January 8, 1813, in the House of Representatives.] MR. CHAIRMAN: I WAS gratified yesterday by the recommit ment of this bill to a committee of the whole House, from two considerations: one, since it afforded me a slight relaxation from a most fatiguing situation; and the other, because it furnished me with an opportunity of presenting to the committee my sentiments upon the im portant topics which have been mingled in the debate. I regret, however, that the necessity under which the chairman has been placed of putting the question precludes the opportu nity, I had wished to enjoy, of rendering more acceptable to the committee anything I might have to offer on the interesting points on which it is my duty to touch. Unprepared, however, as I am to speak on this day, of which I am the more sensible from the ill state of my health, I will solicit the attention of the com mittee for a few moments. I was a little astonished, I confess, when I found this bill permitted to pass silently through the Committee of the Whole, and not 67 ;#lemoraWe American selected until the moment when the question was to be put for its third reading, as the sub ject on which gentlemen in the opposition chose to lay before the House their views of the interesting attitude in which the nation stands. It did appear to me that the loan bill, which will soon come before us, would have afforded a much more proper occasion, it being more essential as providing the ways and means for the prosecution of the war. But the gentle men had the right of selection, and having exercised it, no matter how improperly, I am gratified, whatever I may think of the charac ter of some part of the debate, at the latitude in which, for once, they have been indulged. I claim only in return, of gentlemen on the other side of the House, and of the com mittee, a like indulgence in expressing my sen timents with the same unrestrained freedom. Perhaps, in the course of the remarks which I feel myself called upon to make, gentlemen may apprehend that they assume too harsh an aspect ; but I have only now to say that I shall speak of parties, measures, and things as they strike my moral sense, protesting against the imputation of any intention on my part to wound the feelings of any gentleman. Considering the situation in which this coun try is now placed, a state of actual war with one of the most powerful nations on the earth, it may not be useless to take a view of the past, and of the various parties which have at 68 Clap different times appeared in this country, and to attend to the manner by which we have been driven from a peaceful posture to our present warlike attitude. Such an inquiry may assist in guiding us to that result, an honorable peace, which must be the sincere desire of every friend to America. The course of that oppo sition, by which the administration of the government had been unremittingly impeded for the last twelve years, was singular, and, I believe, unexampled in the history of any country. It has been alike the duty and the interest of the administration to preserve peace: it was their duty, because it is necessary to the growth of an infant people, to their genius, and to their habits; it was their interest, because a change of the condition of the nation brings along with it a danger of the loss of the affections of the people. The administration has not been forgetful of these solemn obliga tions. No art has been left unessayed, no experiment promising a favorable result left untried, to maintain the peaceful relations of the country. When some six or seven years ago the affairs of the nation assumed a threat ening aspect, a partial non-importation was adopted. As they grew more alarming, an embargo was imposed. It would have accom plished its purpose, but it was sacrificed upon the altar of conciliation. Vain and fruitless attempt to propitiate! Then came along non-intercourse ; and a general non-importation 69 American followed in the train. In the mean time, any indications of a return to the public law and the path of justice, on the part of either bel ligerent, are seized upon with avidity by the administration. The arrangement with Mr. Erskine is concluded. It is first applauded and then censured by the opposition. No matter with what unfeigned sincerity, with what real effort, the administration cultivates peace, the opposition insists that it alone is culpable for every breach that is made between the two countries. Because the President thought proper, in accepting the proffered reparation for the attack on a national vessel, to intimate that it would have better comport ed with the justice of the king (and who does not think so ?) to punish the offending officer, the opposition, entering into the royal feelings, sees, in that imaginary insult, abundant cause for rejecting Mr. Erskine s arrangement. On another occasion, you cannot have forgotten the hypocritical ingenuity which they dis played, to divest Mr. Jackson s correspondence of a premeditated insult to this country. If gentlemen would only reserve for their own government half the sensibility which is in dulged for that of Great Britain, they would find much less to condemn. Restriction after restriction has been tried; negotiation has been resorted to until further negotiation would have been disgraceful. While these peaceful experiments are undergoing a trial, what is 70 Clap the conduct of the opposition ? They are the champions of war, the proud, the spirited, the sole repository of the nation s honor, the men of exclusive vigor and energy. The administra tion, on the contrary, is weak, feeble, and pusillanimous, " incapable of being kicked into a war." The maxim, " Not a cent for tribute, millions for defense," is loudly proclaimed. Is the administration for negotiation ? The opposition is tired, sick, disgusted with nego tiation. They want to draw the sword and avenge the nation s wrongs. When, how ever, foreign nations, perhaps emboldened by the very opposition here made, refuse to listen to the amicable appeals, which have been re peated and reiterated by the administration, to their justice and to their interest; when, in fact, war with one of them has become identified with our independence and our sovereignty, and to abstain from it was no longer possi ble, behold the opposition veering round and becoming the friends of peace and commerce. They tell you of the calamities of war, its tragical events, the squandering away of your resources, the waste of the public treasure, and the spilling of innocent blood. "Gorgons, hy dras, and chimeras dire." They tell you that honor is an illusion. Now we see them ex hibiting the terrific forms of the roaring king of the forest; now the meekness and humility of the lamb. They are for war and no restric tions when the administration is for peace. American They are for peace and restrictions when the administration is for war. You find them, sir, tacking with every gale, displaying the colors of every party and of all nations, steady only in one unalterable purpose, to steer, if pos sible, into the haven of power. During all this time, the parasites of oppo sition do not fail, by cunning sarcasm or sly innuendo, to throw out the idea of French influence, which is known to be false, which ought to be met in one manner only, and that is by the lie direct. The administration of this country devoted to foreign influence ! The administration of this country subservient to France ! Great God, what a charge ! How is it so influenced ? By what ligament, on what basis, on what possible foundation does it rest ? Is it similarity of language ? No ! We speak different tongues; we speak the English language. On the resemblance of our laws? No ! The sources of our jurisprudence spring from another and a different country. On commercial intercourse ? No ! We have com paratively none with France. Is it from the correspondence in the genius of the two gov ernments ? No ! Here alone is the liberty of man secure from the inexorable despotism which everywhere else tramples it under foot. Where, then, is the ground of such an influ ence ? But, sir, I am insulting you by arguing on such a subject. Yet, preposterous and ri diculous as the insinuation is, it is propagated 72 iijenrp Clap with so much industry that there are persons found foolish and credulous enough to believe it. You will, no doubt, think it incredible (but I have nevertheless been told it as a fact) that an honorable member of this House, now in my eye, recently lost his election by the circu lation of a silly story in his district that he was the first cousin of the Emperor Napoleon. The proof of the charge rested on the state ment of facts, which was undoubtedly true. The gentleman in question, it was alleged, had married a connection of the lady of the President of the United States, who was the intimate friend of Thomas Jefferson, late Pres ident of the United States, who some years ago was in the habit of wearing red French breeches. Now, taking these premises as established, you, Mr. Chairman, are too good a logician not to see that the conclusion necessarily follows. Throughout the period he had been speaking of, the opposition has been distinguished, amid all its veerings and changes, by another inflex ible feature, the application to Bonaparte of every vile and opprobrious epithet our lan guage, copious as it is in terms of vituperation, affords. He has been compared to every hid eous monster and beast, from that mentioned in the Revelations down to the most insignifi cant quadruped. He has been called the scourge of mankind, the destroyer of Europe, the great robber, the infidel, the modern Attila, and 73 American heaven knows by what other names. Really, gentlemen remind me of an obscure lady, in a city not very far off, who also took it into her head, in conversation with an accomplished French gentleman, to talk of the affairs of Europe. She, too, spoke of the destruction of the balance of power; stormed and raged about the insatiable ambition of the emperor; called him the curse of mankind, the destroyer of Europe. The Frenchman listened to her with perfect patience, and when she had ceased, said to her, with ineffable politeness, " Mad ame, it would give my master, the emperor, infinite pain if he knew how hardly you thought of him." Sir, gentlemen appear to me to forget that they stand on American soil; that they are not in the British House of Com mons, but in the chamber of the House of Representatives of the United States; that we have nothing to do with the affairs of Europe, the partition of territory and sovereignty there, except so far as these things affect the inter ests of our own country. Gentlemen transform themselves into the Burkes, Chathams, and Pitts of another country, and forgetting, from honest zeal, the interests of America, engage with European sensibility in the discussion of European interests. If gentlemen ask me whether I do not view with regret and horror the concentration of such vast power in the hands of Bonaparte, I reply, that I do. I regret to see the Emperor of China holding such im- 74 J^enrp Clap mense sway over the fortunes of millions of our species. I regret to see Great Britain possessing so uncontrolled a command over all the waters of our globe. If I had the ability to distribute among the nations of Europe their several portions of power and of sovereignty, I would say that Holland should be resuscitated, and given the weight she enjoyed in the days of her De Witts. I would confine France within her natural boun daries, the Alps, Pyrenees, and the Rhine, and make her a secondary naval power only. I would abridge the British maritime power, raise Prussia and Austria to their original condition, and preserve the integrity of the empire of Russia. But these are speculations. I look at the political transactions of Europe, with the single exception of their possible bearing upon us, as I do at the history of other countries, or other times. I do not survey them with half the interest that I do the movements in South America. Our politi cal relation with them is much less important than it is supposed to be. I have no fears of French or English subjugation. If we are united we are too powerful for the mightiest nation in Europe, or all Europe combined. If we are separated and torn asunder, we shall become an easy prey to the weakest of them. In the latter dreadful contingency, our coun try will not be worth preserving. Next to the notice which the opposition 75 JBlemora&Ie American has found itself called upon to bestow upon the French emperor, a distinguished citizen of Virignia, formerly President of the United States, has never for a moment failed to receive their kindest and most respectful attention. An honorable gentleman from Massachusetts [Mr. Quincy], of whom I am sorry to say it becomes necessary for me, in the course of my remarks, to take some notice, has alluded to him in a remarkable manner. Neither his retirement from public office, his eminent ser vices, nor his advanced age can exempt this patriot from the coarse assaults of party malevolence. No, sir, in 1801 he snatched from the rude hand of usurpation the violated constitution of his country, and that is his crime. He preserved that instrument in form and substance and spirit, a precious inheri tance for generations to come, and for this he can never be forgiven. How vain and impo tent is party rage directed against such a man ! He is not more elevated by his lofty residence upon the summit of his own favorite mountain than he is lifted, by the serenity of his mind and the consciousness of a well-spent life, above the malignant passions and bitter feel ings of the day. No ! His own beloved Monti- cello is not more moved by the storms that beat against its sides than is this illustrious man by the howlings of the whole British pack, set loose from the Essex kennel ! When the gen tleman to whom I have been compelled to 76 allude shall have mingled his dust with that of his abused ancestors, when he shall have been consigned to oblivion, or, if he lives at all, shall live only in the treasonable annals of a certain junto, the name of Jefferson will be hailed with gratitude, his memory honored and cherished as the second founder of the liberties of the peo ple, and the period of his administration will be looked back to as one of the happiest and brightest epochs of American history, an oasis in the midst of a sandy desert. But I beg the gentleman s pardon; he has, indeed, secured to himself a more imperishable fame than I had supposed. I think it was about four years ago that he submitted to the House of Representatives an initiative proposition for an impeachment of Mr. Jefferson. The House condescended to consider it. The gentleman debated it with his usual temper, moderation, and urbanity. The House decided upon it in the most solemn manner, and, although the gentle man had somehow obtained a second, the final vote stood one for and one hundred and seven teen against the proposition. In one respect there is a remarkable differ ence between the administration and the oppo sition: it is in a sacred regard for personal liberty. When out of power, my political friends condemned the surrender of Jonathan Robbins; they opposed the violation of the freedom of the press in the sedition law; they opposed the more insidious attack upon the 77 American freedom of the person, under the imposing garb of an alien law. The party now in oppo sition, then in power, advocated the sacrifice of the unhappy Robbins, and passed those two laws. True to our principles, we are now struggling for the liberty of our seamen against foreign oppression. True to theirs, they oppose a war undertaken for this object. They have, indeed, lately affected a tender solicitude for the liberties of the people, and talk of the danger of standing armies, and the burden of the taxes. But it must be evident to you, Mr. Chairman, that they speak in a foreign idiom. Their brogue evinces that it is not their vernacular tongue. What! the oppo sition who in 1798 and 1799 could raise a useless army to fight an enemy three thou sand miles distant from us, alarmed at the ex istence of one raised for a known and specified object, the attack of the adjoining provinces of the enemy! What! the gentleman from Massachusetts, who assisted by his vote to raise the army of twenty-five thousand, alarmed at the danger of our liberties from this very army! But, sir, I must speak of another subject which I never think of but with feelings of the deepest awe. The gentleman from Massachu setts, in imitation of some of his predecessors of 1799, has entertained us with a picture of cabinet plots, presidential plots, and all sorts of plots, which have been engendered by the 78 I^enrp Clap diseased state of the gentleman s imagination. I wish, sir, that another plot of a much more serious and alarming character a plot that aims at the dismemberment of our Union had only the same imaginary existence. But no man who has paid any attention to the tone of certain prints, and to transactions in a par ticular quarter of the Union, for several years past, can doubt the existence of such a plot. It was far, very far, from my intention to charge the opposition with such a design. No, I believe them generally incapable of it. But I cannot say as much for some who have been unworthily associated with them in the quarter of the Union to which I have referred. The gentleman cannot have forgotten his own senti ments, uttered even on the floor of this House, " peaceably if we can, forcibly if we must," nearly at the very time Henry s mission to Boston was undertaken. The flagitiousness of that embassy had been attempted to be con cealed by directing the public attention to the price which the gentleman says was given for the disclosure. As if any price could change the atrociousness of the attempt on the part of Great Britain, or could extenuate, in the slight est degree, the offense of those citizens who entertained and deliberated upon a proposition so infamous and unnatural! There was a most remarkable coincidence between some of the things which that man states and certain events in the quarter alluded to. In the con- 79 American tingency of war with Great Britain, it will be recollected that the neutrality and eventual separation of that section of the Union was to be brought about. How, sir, has it hap pened since the declaration of war, that British officers in Canada have asserted to American officers that this very neutrality would take place? That they have so asserted can be established beyond controversy. The project is not brought forward openly with a direct avowal of the intention. No ; the stock of good sense and patriotism in that portion of the country is too great to be undisguisedly en countered. It is assailed from the masked bat teries of friendship, of peace and commerce on the one side, and by the groundless imputation of opposite propensities on the other. The affections of the people there are gradually to be undermined. The project is suggested or withdrawn; the diabolical dramatis persona in this criminal tragedy make their appearance or exit as the audience to whom they address themselves applaud or condemn. I was aston ished, sir, in reading lately a letter, or pretend ed letter, published in a prominent print in that quarter, and written, not in the fervor of party zeal, but coolly and dispassionately, to find that the writer affected to reason about a separa tion, and attempted to demonstrate its advan tages to the different portions of the Union, deploring the existence now of what he terms prejudices against it, but hoping for the arrival 80 Clap of the period when they shall be eradicated. But, sir, I will quit this unpleasent subject; I will turn from one whom no sense of decency or propriety could restrain from soiling the carpet on which he treads, to gentlemen who have not forgotten what is due to themselves, to the place in which we are assembled, or to those by whom they are opposed. The gentle man from North Carolina [Mr. Pearson], from Connecticut [Mr. Pitkin], and from New York [Mr. Bleeker] have, with their usual decorum, contended that the war would not have been declared had it not been for the duplicity of France in withholding an authentic instrument repealing the decrees of Berlin and Milan; that upon the exhibition of such an instrument the revocation of the orders in council took place; that this main cause of the war, but for which it would not have been declared, being re moved, the administration ought to seek for the restoration of peace ; and that upon its sincere ly doing so, terms compatible with the honor and interest of this country might be obtained. It is my purpose to examine, first, into the cir cumstances under which the war was declared; secondly, into the causes of continuing it; and lastly, into the means which have been taken, or ought to be taken, to procure peace; but, sir, I am really so exhausted that, little as I am in the habit of asking of the House an indulgence of this kind, I feel I must trespass on their goodness. 81 American <>peerf)e# [Here Mr. Clay sat down. Mr. Newton moved that the committee rise, report progress, and ask leave to sit again, which was done. On the next day he proceeded.] I am sensible, Mr. Chairman, that some part of the debate to which this bill has given rise has been attended by circumstances much to be regretted, not usual in this House, and of which it is to be hoped there will be no rep etition. The gentleman from Boston had so absolved himself from every rule of decorum and propriety, had so outraged all decency, that I have found it impossible to suppress the feelings excited on the occasion. His colleague, whom I have the honor to follow [Mr. Whea- ton], whatever else he might not have proved in his very learned, ingenious, and original ex position of the powers of this government, an exposition in which he has sought, where nobody before him has, and nobody after him will look, for a grant of our powers, I mean the preamble to the Constitution, has clearly shown, to the satisfaction of all who heard him, that the power of defensive war is conferred. I claim the benefit of a similar principle, in behalf of my political friends, against the gen tlemen from Boston. I demand only the ex ercise of the right of repulsion. No one is more anxious than I am to preserve the dig nity and the freedom of debate; no member is more responsible for its abuse, and if on this occasion its just limits have been violated, let 82 him who has been the unprovoked aggressor appropriate to himself exclusively the conse quences. I omitted yesterday, sir, when speaking of a delicate and painful subject, to notice a power ful engine which the conspirators against the integrity of the Union employ to effect their nefarious purpose : I mean Southern influence. The true friend to his country, knowing that our Constitution was the work of compromise, in which interests apparently conflicting were attempted to be reconciled, aims to extinguish or allay prejudices. But this patriotic exertion does not suit the views of those who are urged on by diabolical ambition. They find it con venient to imagine the existence of certain improper influences, and to propagate with their utmost industry a belief of them. Hence the idea of Southern preponderance, Virginia influence, the yoking of the respectable yeo manry of the North with negro slaves to the car of Southern nabobs. If Virginia really cherished a reprehensible ambition, an aim to monopolize the chief magistracy of the country, how was such a purpose to be accomplished ? Virginia alone cannot elect a president, whose elevation depends upon a plurality of electoral votes, and a consequent concurrence of many states. Would Vermont, disinterest ed Pennsylvania, the Carolinas, independent Georgia, Kentucky, Tennessee, Ohio, Louisi ana, all consent to become the tools of inordi- 83 American nate ambition? But the present incumbent was designated to the office before his prede cessor had retired. How? By public senti ment, public sentiment which grew out of his known virtues, his illustrious services, and his distinguished abilities. Would the gentleman crush this public sentiment ? Is he prepared to admit that he would arrest the progress of opinion ? The war was declared because Great Britain arrogated to herself the pretension of regulat ing our foreign trade, under the delusive name of retaliatory orders in council, a pretension by which she undertook to proclaim to Ameri can enterprise, "Thus far shalt thou go. and no farther," orders which she refused to re voke after the alleged cause of their enactment had ceased, because she persisted in the prac tice of impressing American seamen, because she had instigated the Indians to commit hostil ities against us, and because she refused indem nity for her past injuries upon our commerce. I throw out of the question other wrongs. The war, in fact, was announced, on our part, to meet the war which she was waging on her part. So undeniable were the causes of the war, so powerfully did they address themselves to the feeling of the whole Ameri can people, that when the bill was pending be fore this House, gentlemen in the opposition, although provoked to debate, would not or could not utter one syllable against it. It is 84 Jijenrp Clap true, they wrapped themselves up in sullen silence, pretending they did not choose to de bate such a question in secret session. While speaking of the proceedings on that occasion, I beg to be permitted to advert to another fact which transpired, an important fact, material for the nation to know, and which I have often regretted had not been spread upon our jour nals. My honorable colleague [Mr. McKee] moved, in Committee of the Whole, to comprehend France in the war; and when the question was taken upon the proposition, there appeared but ten votes in support of it, of which seven belonged to this side of the House, and three only to the other! It is said that we were inveigled into the war by the perfidy of France ; and that, had she furnished the document in time, which was first published in England, in May last, it would have been prevented. I will concede to gentlemen everything they ask about the injustice of France toward this coun try. I wish to God that our ability was equal to our disposition to make her feel the sense that we entertain of that injustice. The manner of the publication of the paper in question was undoubtedly extremely exceptionable. But I maintain that had it made its appearance ear lier it would not have had the effect supposed; and the proof lies in the unequivocal declara tions of the British government. I will trouble you, sir, with going no farther back than to the 85 American letters of the British minister, addressed to the Secretary of State, just before the expiration of his diplomatic function. It will be recollect ed by the committee that he exhibited to this government a dispatch from Lord Castlereagh, in which the principle was distinctly avowed, that to produce the effect of a repeal of the orders in council, the French decrees must be absolutely and entirely revoked as to all the world, and not as to America alone. A copy of that dispatch was demanded of him, and he very awkwardly evaded it. But on the loth of June, after the bill declaring war had actu ally passed this House, and was pending be fore the Senate (and which, I have no doubt, was known to him), in a letter to Mr. Monroe he says: "I have no hesitation, sir, in saying that Great Britain, as the case has hitherto stood, never did, and never could, engage, without the greatest injustice to herself and her allies, as well as to other neutral nations, to repeal her order as affecting America alone, leaving them in force against other states, upon condition that France would except, sin gly and specially, America from the operation of her decrees." On the I4th of the same month, the bill still pending before the Senate, he repeats: "I will now say that I feel entirely authorized to assure you that if you can at any time produce a full and unconditional repeal of the French decrees, as you have a right to de mand it in your character of a neutral nation, 86 Clap and that it be disengaged from any question concerning our maritime rights, we shall be ready to meet you with a revocation of the or ders in council. Previously to your producing such an instrument, which I am sorry to see you regard as unnecessary, you cannot expect of us to give up our orders in council." Thus, sir, you see that the British government would not be content with a repeal of the French decrees as to us only. But the French paper in question was such a repeal. It could not, therefore, satisfy the British government. It could not, therefore, have induced that govern ment, had it been earlier promulgated, to repeal the orders in council. It could not, therefore, have averted the war. The withholding of it did not occasion the war, and the promulgation of it would not have prevented the war. But gentlemen have contended that, in point of fact, it did produce a repeal of the orders in council. This I deny. After it made its appearance in England, it was declared by one of the British ministry, in Parliament, not to be satisfactory. And all the world knows that the repeal of the brders in council resulted from the inquiry, re luctantly acceded to by the ministry, into the effect upon their manufacturing establishments, of our non-importation law, or to the warlike attitude assumed by this government, or to both. But it is said that the orders in coun cil are withdrawn, no matter from what cause, and that having been the sole motive for 87 American declaring the war, the relations of peace ought to be restored. This brings me to the exami nation of the grounds for continuing the pres ent hostilities between this country and Great Britain. I am far from acknowledging that had the orders in council been repealed, as they have been before the war was declared, the declar ation of hostilities would of course have been prevented. In a body so numerous as this is, from which the declaration emanated, it is im possible to say, with any degree of certainty, what would have been the effect of such a re peal. Each member must answer for himself. As to myself, I have no hesitation in saying that I have always considered the impressment of American seamen as much the most serious aggression. But, sir, how have those orders at last been repealed ? Great Britain, it is true, has intimated a willingness to suspend their practical operation, but she still arrogates to herself the right to revive them upon certain contingencies, of which she constitutes herself the sole judge. She waives the temporary use of the rod, but she suspends it in terror em over our heads. Supposing it to be conceded to, gentlemen, that such a repeal of the orders in council as took place on the 23d of June last, exception able as it is, being known before the war was proclaimed, would have prevented it, does it follow that it ought to induce us to lay down 88 Clap our arms without the redress of any other injury of which we complain ? Does it follow, in all cases, that what would in the first instance have prevented would also terminate the war ? By no means. It requires a strong and powerful effort in a nation, prone to peace as this is, to burst through its habits and encounter the difficulties and privations of war. Such a nation ought but seldom to em bark in a belligerent contest; but when it does, it should be for obvious and essential rights alone, and should firmly resolve to extort, at all hazards, their recognition. The war of the Revolution is an example of a war begun for one object and prosecuted for another. It was waged, in its commencement, against the right asserted by the parent country to tax the colonies. Then no one thought of absolute independence. The idea of independence was repelled. But the British government would have relinquished the principle of taxation. The founders of our liberties saw, however, that there was no security short of indepen dence, and they achieved that independence. When nations are engaged in war, those rights in controversy which are not acknowledged by the treaty of peace are abandoned. And who is prepared to say that American seamen shall be surrendered as victims to the English principle of impressment ? And, sir, what is this principle ? She contends that she has a right to the services of her own subjects; and 89 ^lemorafile American that, in the exercise of this right, she may law fully impress them, even although she finds them in American vessels, upon the high seas, without her jurisdiction. Now, I deny that she has any right, beyond her jurisdiction, to come on board our vessels, upon the high seas, for any other purpose than in pursuit of enemies or their goods, or goods contraband of war. But she further contends that her subjects cannot renounce their allegiance to her, and contract a new obligation to other sovereigns. I do not mean to go into the general question of the right of expatriation. If, as is contended, all nations deny it, all nations at the same time admit and practice the right of naturalization. Great Britain herself does this. Great Britain, in the very case of foreign seamen, imposes perhaps fewer restraints upon naturalization than any other nation. Then, if subjects can not break their original allegiance, they may, according to universal usage, contract a new allegiance. What is the effect of this double obligation? Undoubtedly that the sovereign, having possession of the subject, would have the right to the services of the subject. If he return within the jurisdiction of his primitive sovereign he may resume his right to his ser vices, of which the subject, by his own act, could not divest himself. But his primitive sovereign can have no right to go in quest of him, out of his own jurisdiction, into the juris diction of another sovereign, or upon the high 90 Clap seas, where there exists either no jurisdiction, or it is possessed by the nation owning the ship navigating them. But, sir, this discus sion is altogether useless. It is not to the British principle, objectionable as it is, that we are alone to look ; it is to her practice, no matter what guise she puts on. It is in vain to assert the inviolability of the obligation of allegiance. It is in vain to set up the plea of necessity, and to allege that she cannot exist without the impressment of her seamen. The naked truth is, she comes, by her press- gangs, on board of our vessels, seizes our native as well as naturalized seamen, and drags them into her service. It is the case, then, of the assertion of an erroneous principle, and of a practice not conformable to the asserted prin ciple, a principle which, if it were theoreti cally right, must be forever practically wrong; a practice which can obtain countenance from no principle whatever, and to submit to which, on our part, would betray the most ab ject degradation. We are told, by gentlemen in the opposition, that government has not done all that was incumbent on it to do to avoid just cause of complaint on the part of Great Britain; that, in particular, the certifi cates of protection, authorized by the act of 1796, are fraudulently used. Sir, government has done too much in granting those paper protections. I can never think of them with out being shocked. They resemble the passes American which the master grants to his negro slave, "Let the bearer, Mungo, pass and repass without molestation." What do they imply? That Great Britain has a right to seize all who are not provided with them. From their very nature they must be liable to abuse on both sides. If Great Britain desires a mark by which she can know her own subjects, let her give them an earmark. The colors that float from the masthead should be the credentials of our seamen. There is no safety to us, and the gentlemen have shown it, but in the rule that all who sail under the flag (not being en emies) are protected by the flag. It is impos sible that this country should ever abandon the gallant tars who have won for us such splendid trophies. Let me suppose that the genius of Columbia should visit one of them in his oppressor s prison and attempt to reconcile him to his forlorn and wretched condition. She would say to him, in the lan guage of gentlemen on the other side: "Great Britain intends you no harm; she did not mean to impress you, but one of her own subjects; having taken you by mistake, I will remon strate, and try to prevail upon her, by peace able means, to release you; but I cannot, my son, fight for you. " If he did not consider this mere mockery, the poor tar would address her judgment, and say: " You owe me, my coun try, protection; I owe you, in return, obedience. I am no British subject; I am a native of 92 Clap old Massachusetts, where lived my aged father, my wife, my children. I have faithfully discharged my duty. Will you refuse to do yours?" Appealing to her passions, he would continue: "I lost this eye in fighting under Truxton, with the Insurgents; I got this scar before Tripoli; I broke this leg on board the Constitution, when the Guerriere struck." If she remained still unmoved, he would break out, in the accents of mingled distress and despair, " Hard, hard is my fate! Once I freedom enjoyed, Was as happy as happy could be ! Oh ! how hard is my fate, how galling these chains !" I will not imagine the dreadful catastrophe to which he would be driven by an abandonment of him to his own oppressor. It will not be, it cannot be, that this country will refuse him protection. It is said that Great Britain has been always willing to make a satisfactory arrangement of the subject of impressment, and that Mr. King had nearly concluded one, prior to his depart ure from that country. Let us hear what that minister says upon his return to America. In this letter, dated at New York in July, 1803, after giving an account of his attempt to form an arrangement for the protection of our sea men, and his interviews to this end with Lords Hawkesbury and St. Vincent, and stating that, when he had supposed the terms of a conven tion were agreed upon, a new pretension was 93 American set up (the mare clausuni), he concludes: "I regret to have been unable to put this business on a satisfactory footing, knowing, as I do, its very great importance to both parties; but I flatter myself that I have not misjudged the interests of our own country in refusing to sanction a principle that might be productive of more extensive evils than those it was our aim to prevent. The sequel of his negotiation on this affair is more fully given in the recent conversation between Mr. Russell and Lord Castlereagh, communicated to Congress during its present session. Lord Castlereagh says to Mr. Russell: "Indeed, there has evidently been much misapprehension on this subject; an erroneous belief entertained that an arrangement, in re gard to it, has been nearer an accomplishment than the facts will warrant. Even our friends in Congress, I mean those who are opposed to going to war with us, have been so confi dent in this mistake that they have ascribed the failure of such an arrangement solely to the misconduct of the American government. This error probably orginated with Mr. King; for, being much esteemed here, and always well received by the persons in power, he seems to have misconstrued their readiness to listen to his representations, and their warm profes sions of a disposition to remove the complaints of America, in relation to impressment, into a supposed conviction, on their part, of the 94 Clap propriety of adopting the plan which he had proposed. But Lord St. Vincent, whom he might have thought he had brought over to his opinions, appears never for a moment to have ceased to regard all arrangements on the subject to be attended with formidable if not insur mountable obstacles. This is obvious from a letter which his lordship addressed to Sir William Scott at the time." Here Lord Castlereagh read a letter, con tained in the records before him, in which Lord St. Vincent states to Sir William Scott the zeal with which Mr. King had assailed him on this subject of impressment, confesses his own perplexity and total incompetency to discover any practical project for the safe discontinuance of that practice, and asks for counsel and advice. " Thus you see," proceed ed Lord Castlereagh, "that the confidence of Mr. King on this subject was entirely un founded." Thus it is apparent that at no time has the enemy been willing to place this subject on a satisfactory footing. I will speak here after of the overtures made by the adminis tration since the war. The honorable gentleman from New York [Mr. Bleeker], in the very sensible speech with which he favored the committee, made one observation which did not comport with his usual liberal and enlarged views. It was that those who are most interested against 95 American the practice of impressment did not desire a continuance of the war on account of it ; while those (the Southern and Western members) who had no interest in it were the zealous advocates of American seamen. It was a provincial sentiment unworthy of that gentle man. It was one which, in a change of con dition he would not express, because I know he could not feel it. Does not that gentleman feel for the unhappy victims of the tomahawk in the Western wilds, although his quarter of the Union may be exempted from similar barbarities? I am sure he does. If there be a description of rights which more than any other should unite all parties in all quarters of the Union, it is unquestionably the rights of the person. No matter what his vocation, whether he seeks subsistence amid the dangers of the deep, or draws them from the bowels of the earth, or from the humblest occupations of mechanic life; wherever the sacred rights of an American freeman are assailed, all hearts ought to unite, and every arm should be braced to vindicate his cause. The gentleman from Delaware sees in Can ada no object worthy of conquest. According to him, it is a cold, sterile, and inhospitable re gion. And yet such are the allurements which it offers, that the same gentleman apprehends that if it be annexed to the United States, al ready too much weakened by an extension of territory, the people of New England will rush 96 Clap over the line and depopulate that section of the Union! That gentleman considers it honest to hold Canada as a kind of hostage, to regard it as a sort of bond for the good behavior of the enemy. But he will not enforce the bond. The actual conquest of that country would, according to him, make no impression upon the enemy; and yet the very apprehension only of such a conquest would, at all times, have a powerful operation upon him ! Other gentle men consider the invasion of that country as wicked and unjustifiable. Its inhabitants are represented as harmless and unoffending; as connected with those of the bordering states by a thousand tender ties, interchanging acts of kindness, and all the offices of good neighbor hood. Canada innocent ! Canada unoffend ing! Is it not in Canada that the tomahawk of the savage has been molded into its death like form? Has it not been from Canadian magazines, Maiden and others, that those sup plies have been issued which nourish and con tinue the Indian hostilities, supplies which have enabled the savage hordes to butcher the garrison of Chicago, and to commit other hor rible excesses and murders ? Was it not by the joint co-operation of Canadians and Indians that a remote American fort, Michilimackinac, was assailed and reduced while in ignorance of a state of war? But, sir, how soon have the opposition changed their tone ! When the administration was striving, by the operation 97 American of peaceful measures, to bring Great Britain back to a sense of justice, they were for old- fashioned war. And now they have got old-fash ioned war, their sensibilities are cruelly shocked, and all their sympathies lavished upon the harmless inhabitants of the adjoining prov inces. What does a state of war present ? The united energies of one people arrayed against the combined energies of another; a conflict in which each party aims to inflict all the injury it can, by sea and land, upon the territories, prop erty, and citizens of another; subject only to the rules of mitigated war practiced by civil ized nations. The gentlemen would not touch the continental provinces of the enemy, nor, I presume, for the same reason, her possessions in the West Indies. The same humane spirit would spare the seamen and soldiers of the enemy. The sacred person of his majesty must not be attacked; for the learned gentlemen on the other side are quite familiar with the max im, that the king can do no wrong. Indeed, sir, I know of no person on whom we may make war, upon the principles of the honorable gen tlemen, but Mr. Stephen, the celebrated author of the orders in council, or the Board of Ad miralty, who authorize and regulate the practice of impressment. The disasters of the war admonish us, we are told, of the necessity of terminating the contest. If our achievements by land have been less splendid than those of our intrepid seamen by 98 iap water, it is not because the American soldier is less brave. On the one element, organiza tion, discipline, and a thorough knowledge of their duties exist on the part of the officers and their men. On the other, almost everything is yet to be acquired. We have, however, the consolation that our country abounds with the richest materials, and that in no instance, when engaged in action, have our arms been tarnished. At Brownstown and at Queens- town the valor of veterans was displayed and acts of the noblest heroism were performed. It is true that the disgrace of Detroit remains to be wiped off. That is a subject on which I cannot trust my feelings; it is not fitting I should speak. But this much I will say, it was an event which no human foresight could have anticipated, and for which the admin istration cannot be justly censured. It was the parent of all the misfortunes we have ex perienced on land. But for it the Indian war would have been, in a great measure, prevent ed or terminated, the ascendency on Lake Erie acquired, and the war pushed on, perhaps, to Montreal. With the exception of that event, the war, even upon the land, has been at tended by a series of the most brilliant exploits, which, whatever interest they may inspire on this side of the mountains, have given the greatest pleasure on the other. The expedi tion, under the command of Governor Edwards and Colonel Russell, to Lake Pioria, on the 99 American Illinois, was completely successful. So was that of Captain Craig, who, it is said, ascended that river still higher. General Hopkins de stroyed the prophet s town. We have just received intelligence of the gallant enterprise of Colonel Campbell. In short, sir, the Indian towns have been swept from the mouth to the source of the Wabash, and a hostile coun try has been penetrated far beyond the most daring incursions of any campaign during the former Indian war. Never was more cool, deliberate bravery displayed than that by Newman s party from Georgia. And the cap ture of the Detroit, and the destruction of the Caledonia (whether placed to a maritime or land account), for judgment, skill, and cour age, on the part of Lieutenant Elliott, have never been surpassed. It is alleged that the elections in England are in favor of the ministry, and that those in this country are against the war. If, in such a cause (saying nothing of the impurity of their elections), the people of that country have ral lied round their government, it affords a salu tary lesson to the people here ; who, at all haz ards ought to support theirs, struggling as it is to maintain our just rights. But the people here have not been false to themselves; a great majority approve the war, as is envinced by the recent re-election of the chief magistrate. Suppose it were even true that an entire sec tion of the Union were opposed to the war; 100 that section being a minority, is the will of the majority to be relinquished ? In that section the real strength of the opposition had been greatly exaggerated. Vermont has, by two suc cessive expressions of her opinion, approved the declaration of war. In New Hampshire, parties are so nearly equipoised, that out of thirty or thirty-five thousand votes, those who approved and are for supporting it lost the election by only one thousand or one thou sand five hundred. In Massachusetts alone have they obtained any considerable accession. If we come to New York, we shall find that other and local causes have influenced her elections. What cause, Mr. Chairman, which existed for declaring the war has been removed ? We sought indemnity for the past and security for the future. The orders in council are suspend ed, not revoked; no compensation for spolia tions; Indian hostilities, which were before secretly instigated, are now openly encouraged ; and the practice of impressment unremittingly persevered in and insisted upon. Yet the ad ministration has given the strongest demonstra tions of its love of peace. On the 29th of June, less than ten days after the declaration of war, the Secretary of State writes to Mr. Russell, authorizing him to agree to an armis tice upon two conditions only, and what are they ? That the orders in council should be re pealed, and the practice of impressing American 101 jftemorafile American seamen cease, those already impressed being released. The proposition was for nothing more than a real truce, that the war should in fact cease on both sides. Again, on the 2/th of July, one month later, anticipating a possi ble objection to these terms, reasonable as they are, Mr. Monroe empowers Mr. Russell to stipulate in general terms for an armistice, having only a formal understanding on these points. In return, the enemy is offered a pro hibition of the employment of his seamen in our service, thus removing entirely all pretext for the practice of impressment. The very proposition which the gentleman from Connec ticut [Mr. Pitkin] contends ought to be made has been made. How are these pacific advan ces met by the other party ? Rejected as abso lutely inadmissible ; cavils are indulged about the inadequacy of Mr. Russell s powers, and the want of an act of Congress is intimated. And yet the constant usage of nations, I be lieve, is, where the legislation of one party is necessary to carry into effect a given stipula tion, to leave it to the contracting party to pro vide the requisite laws. If he fail to do so, it is a breach of good faith, and becomes the sub ject of subsequent remonstrance by the injured party. When Mr. Russell renews the overture, in what was intended as a more agreeable form to the British government, Lord Castlereagh is not content with a simple rejection, but clothes it in the language of insult. Afterward, in con- 102 J^enrp Clap versation with Mr. Russell, the moderation of our government is misinterpreted, and made the occasion of a sneer, that we are tired of the war. The proposition of Admiral Warren is submitted in a spirit not more pacific. He is instructed, he tells us, to propose that the government of the United States shall instant ly recall their letters of marque and reprisal against British ships, together with all orders and instructions for any acts of hostility what ever against the territories of his majesty, or the persons or property of his subjects. That small affair being settled, he is further author ized to arrange as to the revocation of the laws which interdict the commerce and ships of war of his majesty from the harbors and waters of the United States. This messenger of peace comes with one qualified concession in his pocket, not made to the justice of our demands, and is fully empowered to receive our homage, a contrite retraction of all our measures adopted against his master ! And, in default, he does not fail to assure us the orders in council are to be forthwith revived. The administration, still anxious to terminate the war, suppresses the indignation which such a proposal ought to have created, and, in its an swer, concludes by informing Admiral Warren "that if there be no objection to an accom modation of the difference relating to impress ment, in the mode proposed, other than the suspension of the British claim to impress- 103 jftemorafile American ment during the armistice, there can be none to proceeding, without the armistice, to an im mediate discussion and arrangement of an ar ticle on that subject." Thus it has left the door of negotiation unclosed, and it remains to be seen if the enemy will accept the invitation ten dered to him. The honorable gentleman from North Carolina [Mr. Pearson] supposes that if Congress would pass a law prohibiting the employment of British seamen in our service, upon condition of a like prohibition on their part, and repeal the act of non-importation, peace would immediately follow. Sir, I have no doubt, if such a law were to pass, with all the requisite solemnities, and the repeal to take place, Lord Castlereagh would laugh at our simplicity. No, sir, the administration has erred in the steps which it has taken to restore peace, but its error has been, not in doing too little, but in betraying too great a solicitude for that event. An honorable peace is attain able only by an efficient war. My plan would be to call out the ample resources of the coun try, give them a judicious direction, prosecute the war with the utmost vigor, strike wherever we can reach the enemy, at sea or on land, and negotiate the terms of a peace at Quebec or at Halifax. We are told that England is a proud and lofty nation, which, disdaining to wait for danger, meets it half-way. Haughty as she is, we once triumphed over her, and if we do not listen to the counsels of timidity 104 Clap and despair, we shall again prevail. In such a cause, with the aid of Providence, we must come out crowned with success; but if we fail, let us fail like men, lash ourselves to our gal lant tars, and expire together in one common struggle, righting for free trade and seamen s rights. 105 Daniel (1782-1852) THE REPLY TO HAYNE [Delivered January 26, 1830, in the Senate.] MR. PRESIDENT: WHEN the mariner has been tossed for many days in thick weather, and on an unknown sea, he naturally avails himself of the first pause in the storm, the earliest glance of the sun, to take his lati tude, and ascertain how far the elements have driven him from his true course. Let us imi tate this prudence, and, before we float far ther on the waves of this debate, refer to the point from which we departed, that we may at least be able to conjecture where we now are. I ask for the reading of the resolution before the Senate. [The secretary read the resolution, as follows : "Resolved, that the Committee on Public Lands be instructed to inquire and report the quantity of public lands remaining unsold within each state and territory, and whether it be expedient to limit for a certain period the sales of the public lands to such lands only as have heretofore been offered for sale and are now subject to entry at the minimum price; and also, whether the office of surveyor- general, and some of the land offices, may not be abolished without detriment to the public interest; 107 jftemorafcle American or whether it be expedient to adopt measures to hasten the sales and extend more rapidly the surveys of the public lands."] We have thus heard, sir, what the resolu tion is which is actually before us for consid eration ; and it will readily occur to every one, that it is almost the only subject about which something has not been said in the speech, running through two days, by which the Sen ate has been entertained by the gentleman from South Carolina. Every topic in the wide range of our public affairs, whether past or present, everything, general or local, wheth er belonging to national politics or party poli tics, seems to have attracted more or less of the honorable member s attention, save only the resolution before the Senate. He has spoken of everything but the public lands; they have escaped his notice. To that sub ject, in all his excursions, he has not paid even the cold respect of a passing glance. When this debate, sir, was to be resumed, on Thursday morning, it so happened that it would have been convenient for me to be else where. The honorable member, however, did not incline to put off the discussion to another day. He had a shot, he said, to return, and he wished to discharge it. That shot, sir, which he thus kindly informed us was coming, that we might stand out of the way, or prepare ourselves to fall by it and die with decency, has now been received. Under all advantages, 108 2Daniel and with expectation awakened by the tone which preceded it, it has been discharged, and has spent its force. It may become me to say no more of its effect than that, if nobody is found, after all, either killed or wounded, it is not the first time in the history of human affairs that the vigor and success of the war have not quite come up to the lofty and sound ing phrase of the manifesto. The gentleman, sir, in declining to post pone the debate, told the Senate, with the em phasis of his hand upon his heart, that there was something rankling here, which he wished to relieve. [Mr. Hayne rose, and disclaimed having used the word "rankling."] It would not, Mr. President, be safe for the honorable member to appeal to those around him, upon the question whether he did in fact make use of that word. But he may have been uncon scious of it. At any rate, it is enough that he disclaims it. But still, with or without the use of that particular word, he had yet some thing here, he said, of which he wished to rid himself by an immediate reply. In this respect, sir, I have a great advantage over the honor able gentleman. There is nothing here, sir, which gives me the slightest uneasiness; neither fear, nor anger, nor that which is sometimes more troublesome than either, the consciousness of having been in the wrong. There is nothing either originating here or now received here by the gentleman s shot. 109 American Nothing originating here, for I had not the slightest feeling of unkindness towards the hon orable member. Some passages, it is true, had occurred since our acquaintance in this body, which I could have wished might have been otherwise; but I had used philosophy and for gotten them. I paid the honorable member the attention of listening with respect to his first speech; and when he sat down, though surprised, and I must even say astonished, at some of his opinions, nothing was farther from my intention than to commence any personal warfare. Through the whole of the few remarks I made in answer, I avoided, studiously and carefully, everything which I thought possible to be construed into disrespect. And, sir, while there is thus nothing originating here which I have wished at any time, or now wish, to discharge, I must repeat, also, that nothing has been received here which rankles^ or in any way gives me annoyance. I will not ac cuse the honorable member of violating the rules of civilized war; I will not say that he poisoned his arrows. But whether his shafts were or were not dipped in that which would have caused rankling if they had reached their destination, there was not, as it happened, quite strength enough in the bow to bring them to their mark. If he wishes now to gather up those shafts, he must look for them elsewhere; they will not be found fixed and quivering in the object at which they were aimed. no JBaniel The honorable member complained that I had slept on his speech. I must have slept on it, or not slept at all. The moment the hon orable member sat down, his friend from Missouri rose, and, with much honeyed com mendation of the speech, suggested that the impressions which it had produced were too charming and delightful to be disturbed by other sentiments or other sounds, and proposed that the Senate should adjourn. Would it have been quite amiable in me, sir, to interrupt this excellent good feeling ? Must I not have been absolutely malicious, if I could have thrust my self forward, to destroy sensations thus pleas ing ? Was it not much better and kinder, both to sleep upon them myself and allow others also the pleasure of sleeping upon them ? But if it be meant, by sleeping upon his speech, that I took time to prepare a reply to it, it is quite a mistake. Owing to other engage ments, I could not employ even the interval between the adjournment of the Senate and its meeting the next morning, in attention to the subject of this debate. Nevertheless, sir, the mere matter of fact is undoubtedly true. I did sleep on the gentleman s speech, and slept soundly. And I slept equally well on his speech of yesterday, to which I am now replying. It is quite possible that in this respect, also, I possess some advantage over the honorable member, attributable, doubtless, to a cooler temperament on my part; for in in American truth, I slept upon his speeches remarkably well. But the gentleman inquires why he was made the object of such a reply. Why was he sin gled out? If an attack has been made on the East, he, he assures us, did not begin it; it was made by the gentleman from Missouri. Sir, I answered the gentleman s speech because I happened to hear it; and because, also, I chose to give an answer to that speech, which, if un answered, I thought most likely to produce in jurious impressions. I did not stop to inquire who was the original drawer of the bill. I found a responsible indorser before me, and it was my purpose to hold him liable, and to bring him to his just responsibility without delay. But, sir, this interrogatory of the hon orable member was only introductory to an other. He proceeded to ask me whether I had turned upon him, in this debate, from the consciousness that I should find an overmatch, if I ventured on a contest with his friend from Missouri. If, sir, the honorable member, modestia gratia, had chosen thus to defer to his friend, and to pay him a compliment with out intentional disparagement to others, it would have been quite according to the friendly courtesies of debate, and not at all ungrateful to my own feelings. I am not one of those, sir, who esteem any tribute of regard, whether light and occasional, or more serious and deliberate, which may be bestowed on others, as 112 2Daniel Wtbgttt so much unjustly withholden from themselves. But the tone and manner of the gentleman s question forbid me thus to interpret it. I am not at liberty to consider it as nothing more than a civility to his friend. It had an air of taunt arid disparagement, something of the loftiness of asserted superiority, which does not allow me to pass it over without notice. It was put as a question for me to answer, and so put as if it were difficult for me to answer, whether I deemed the member from Missouri an overmatch for myself in debate here. It seems to me, sir, that this is extraor dinary language and an extraordinary tone, for the discussions of this body. Matches and overmatches! Those terms are more applicable elsewhere than here, and fitter for other assemblies than this. Sir, the gentleman seems to forget where and what we are. This is a Senate, a Senate of equals, of men of individual honor and personal charac ter, and of absolute independence. We know no masters, we acknowledge no dictators. This is a hall for mutual consultation and dis cussion; not an arena for the exhibition of champions. I offer myself, sir, as a match for no man; I throw the challenge of debate at no man s feet. But then, sir, since the honorable member has put the question in a manner that calls for an answer, I will give him an answer; and I tell him, that, holding myself to be the humblest of the members here, I yet "3 American know nothing in the arm of his friend from Missouri, either alone or when aided by the arm of his friend from South Carolina, that need deter even me from espousing whatever opinions I may choose to espouse, from de bating whenever I may choose to debate, or from speaking whatever I may see fit to say, on the floor of the Senate. Sir, when uttered as matter of commendation or compliment, I should dissent from nothing which the honor able member might say of his friend. Still less do I put forth any pretensions of my own. But when put to me as matter of taunt, I throw it back, and say to the gentleman, that he could possibly say nothing less likely than such a comparison to wound my pride of personal character. The anger of its tone rescued the remark from intentional irony, which other wise, probably, would have been its general ac ceptation. But, sir, if it be imagined that by this mutual quotation and commendation; if it be supposed that, by casting the characters of the drama, assigning to each his part, to one the attack, to another the cry of onset; or if it be thought that, by a loud and empty vaunt of anticipated victory, any laurels are to be won here; if it be imagined, especially, that any or all these things will shake any purpose of mine, I can tell the honorable member, once for all, that he is greatly mistaken, and that he is dealing with one of whose temper and character he has yet much to learn. Sir, 114 2Daniri Wtbgttt I shall not allow myself, on this occasion, I hope on no occasion, to be betrayed into any loss of temper; but if provoked, as I trust I never shall be, into crimination and recrimina tion, the honorable member may perhaps find that, in that contest, there will be blows to take as well as blows to give; that others can state comparisons as significant, at least, as his own, and that his impunity may possibly demand of him whatever powers of taunt and sarcasm he may possess. I commend him to a prudent husbandry of his resources. But, sir, the Coalition ! The Coalition ! Ay, "the murdered Coalition!" The gentleman asks if I were led or frighted into this debate by the specter of the Coalition. "Was it the ghost of the murdered Coalition," he ex claims, "which haunted the member from Massachusetts, and which, like the ghost of Ban quo, would never down ? " "The murdered Coalition ! " Sir, this charge of a coalition, in reference to the late administration, is not ori ginal with the honorable member. It did not spring up in the Senate. Whether as a fact, as an argument, or as an embellishment, it is all borrowed. He adopts it, indeed, from a very low origin, and a still lower present condition. It is one of the thousand calumnies with which the press teemed during an excited political canvass. It was a charge of which there was not only no proof or probability, but which was in itself wholly impossible to be true. No American man of common information ever believed a syllable of it. Yet it was of that class of false hoods, which, by continued repetition, through all the organs of detraction and abuse, are ca pable of misleading those who are already far misled, and of further fanning passion already kindling into flame. Doubtless it served in its day, and in greater or less degree, the end de signed by it. Having done that, it has sunk into the general mass of stale and loathed cal umnies. It is the very cast-off slough of a polluted and shameless press. Incapable of further mischief, it lies in the sewer, lifeless and despised. It is not now, sir, in the power of the honorable member to give it dignity or decency, by attempting to elevate it, and to introduce it into the Senate. He cannot change it from what it is, an object of general disgust and scorn. On the contrary, the con tact, if he choose to touch it, is more likely to drag him down, down, to the place where it lies itself. But, sir, the honorable member was not, for other reasons, entirely happy in his allusion to the story of Banquo s murder and Banquo s ghost. It was not, I think, the friends, but the enemies, of the murdered Banquo at whose bidding his spirit would not down. The hon orable gentleman is fresh in his reading of the English classics, and can put me right if I am wrong; but, according to my poor recol lection, it was at those who had begun with 116 Daniel caresses and ended with foul and treacherous murder that the gory locks were shaken. The ghost of Banquo, like that of Hamlet, was an honest ghost. It disturbed no inno cent man. It knew where its appearance would strike terror, and who would cry out, A ghost! It made itself visible in the right quarter, and compelled the guilty and the con science-smitten, and none others, to start, with, " Pr ythee, see there! behold! lookl lo! If I stand here, I saw him. " Their eyeballs were seared (was it not so, sir?) who had thought to shield themselves by concealing their own hand, and laying the imputation of the crime on a low and hireling agency in wickedness; who had vainly at tempted to stifle the workings of their own coward consciences by ejaculating through white lips and chattering teeth, "Thou canst not say I did it ! " I have misread the great poet if those who had no way partaken in the deed of the death, either found that they were, or fear that they should be, pushed from their stools by the ghost of the slain, or exclaimed to a specter created by their own fears and their own remorse, "Avaunt ! and quit our sight ! " There is another particular, sir, in which the honorable member s quick perception of resemblances might, I should think, have seen something in the story of Banquo making it 117 American not altogether a subject of the most pleasant contemplation. Those who murdered Banquo, what did they win by it ? Substantial good ? Permanent power ? Or disappointment, rather, and sore mortification, dust and ashes, the common fate of vaulting ambition overleaping itself? Did not even-handed justice erelong commend the poisoned chalice to their own lips ? Did they not soon find that for another they had "filed their mind"? that their am bition, though apparently for the moment suc cessful, had but put a barren scepter in their grasp ? Ay, sir, "A barren scepter in their gripe, Thence to be wrenched with an unlineal hand, No son of theirs succeeding." Sir, I need pursue the allusion no farther. I leave the honorable gentleman to run it out at his leisure, and to derive from it all the grati fication it is calculated to administer. If he finds himself pleased with the associations, and prepared to be quite satisfied, though the parallel should be entirely completed, I had almost said, I am satisfied also; but that I shall think of. Yes, sir, I will think of that. In the course of my observations the other day, Mr. President, I paid a passing tribute of respect to a very worthy man, Mr. Dane of Massachusetts. It so happened that he drew the Ordinance of 1787, for the government of the Northwestern Territory. A man of so much ability, and so little pretense; of so 118 Daniel great a capacity to do good, and so unmixed a disposition to do it for its own sake; a gentleman who had acted an important part, forty years ago, in a measure the influence of which is still deeply felt in the very matter which was the subject of debate, might, I thought, receive from me a commendatory recognition. But the honorable member was inclined to be facetious on the subject. He was rather disposed to make it matter of ridi cule, that I had introduced into the debate the name of one Nathan Dane, of whom he assures us he had never before heard. Sir, if the honorable member had never before heard of Mr. Dane, I am sorry for it. It shows him less acquainted with the public men of the country than I had supposed. Let me tell him, however, that a sneer from him at the mention of the name of Mr. Dane is in bad taste. It may well be a high mark of ambi tion, sir, either with the honorable gentleman or myself, to accomplish as much to make our names known to advantage and remembered with gratitude, as Mr. Dane has accomplished. But the truth is, sir, I suspect, that Mr. Dane lives a little too far north. He is of Massa chusetts, and too near the north star to be reached by the honorable gentleman s tele scope. If his sphere had happened to range south of Mason and Dixon s line, he might, probably, have come within the scope of his vision. 119 American I spoke, sir, of the Ordinance of 1787, which prohibits slavery, in all future times, northwest of the Ohio, as a measure of great wisdom and foresight, and one which had been attended with highly beneficial and per manent consequences. I suppose that, on this point, no two gentlemen in the Senate could entertain different opinions. But the simple expression of this sentiment has led the gen tleman not only into a labored defense of slavery, in the abstract and on principle, but also into a warm accusation against me, as having attacked the system of domestic slav ery now existing in the Southern States. For all this, there was not the slightest founda tion, in anything said or intimated by me. I did not utter a single word which any ingenu ity could torture into an attack on the slav ery of the South. I said, only, that it was highly wise and useful, in legislating for the Northwestern country while it was yet a wild erness, to prohibit the introduction of slaves; and I added, that I presumed there was no reflecting and intelligent person, in the neigh boring state of Kentucky, who would doubt that, if the same prohibition had been extend ed, at the same early period, over that com monwealth, her strength and population would, at this day, have been far greater than they are. If these opinions be thought doubtful, they are nevertheless, I trust, neither extraor dinary nor disrespectful. They attack nobody 120 2DanieI and menace nobody. And yet, sir, the gentle man s optics have discovered, even in the mere expression of this sentiment, what he calls the very spirit of the Missouri question ! He rep resents me as making an onset on the whole South, and manifesting a spirit which would interfere with and disturb their domestic con dition ! Sir, this injustice no otherwise surprises me than as it is committed here, and commit ted without the slightest pretense of ground for it. I say it only surprises me as being done here; for I know full well that it is, and has been, the settled policy of some per sons in the South, for years, to represent the people of the North as disposed to interfere with them in their own exclusive and peculiar concerns. This is a delicate and sensitive point in Southern feeling; and of late years it has always been touched, and generally with effect, whenever the object has been to unite the whole South against Northern men or Northern measures. This feeling, always care fully kept alive, and maintained at too intense a heat to admit discrimination or reflection, is a lever of great power in our political ma chine. It moves vast bodies, and gives to them one and the same direction. But it is without adequate cause, and the suspicion which exists is wholly groundless. There is not, and never has been, a disposition in the North to interfere with these interests of the 121 American South. Such interference has never been supposed to be within the power of govern ment; nor has it been in any way attempted. The slavery of the South has always been re garded as a matter of domestic policy, left with the states themselves, and with which the federal government had nothing to do. Certainly, sir, I am, and ever have been, of that opinion. The gentleman, indeed, argues that slavery, in the abstract, is no evil. Most assur edly I need not say I differ with him, altogether and most widely, on that point. I regard do mestic slavery as one of the greatest evils, both moral and political. But whether it be a malady, and whether it be curable, and if so, by what means ; or, on the other hand, whether it be the vulnus immedicabile of the social sys tem, I leave it to those whose right and duty it is to inquire and to decide. And this, I believe, sir, is, and uniformly has been, the sentiment of the North. Let us look a little at the his tory of this matter. When the present Constitution was submit ted for the ratification of the people, there were those who imagined that the powers of the government which it proposed to establish might, in some possible mode, be exerted in measures tending to the abolition of slavery. This suggestion would of course attract much attention in the Southern conventions. In that of Virginia, Governor Randolph said : "I hope there is none here, who, considering 122 SDaniei the subject in the calm light of philosophy, will make an objection dishonorable to Vir ginia; that, at the moment they are securing the rights of their citizens, an objection is started, that there is a spark of hope that those unfortunate men now held in bondage may, by the operation of the general govern ment, be made free." At the very first Congress, petitions on the subject were presented, if I mistake not, from different states. The Pennsylvania soci ety from promoting the abolition of slavery took a lead, and laid before Congress a memorial, praying Congress to promote the abolition by such powers as it possessed. This memorial was referred, in the House of Representatives, to a select committee, consisting of Mr. Foster of New Hampshire, Mr. Gerry of Mas sachusetts, Mr. Huntington of Connecticut, Mr. Lawrence of New York, Mr. Sinnickson of New Jersey, Mr. Hartley of Pennsylvania, and Mr. Parker of Virginia; all of them, sir, as you will observe, Northern men but the last. This committee made a report, which was referred to a committee of the whole house, and there considered and discussed for several days; and being amended, although without material alteration, it was made to express three distinct propositions on the sub ject of slavery and the slave-trade. First, in the words of the Constitution, that Congress could not, prior to the year 1808, prohibit the 123 American migration or importation of such persons as any of the states then existing should think proper to admit; and secondly, that Congress had authority to restrain the citizens of the United States from carrying on the African slave-trade, for the purpose of supplying for eign countries. On this proposition, our early laws against those who engage in that traffic are founded. The third proposition, and that which bears on the present question, was ex pressed in the following terms : "Resolved, that Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them in any of the states; it remaining with the several states alone to provide rules and regulations therein which humanity and true policy may require." This resolution received the sanction of the House of Representatives so early as March, 1790. And now, sir, the honorable member will allow me to remind him, that not only were the select committee who reported the resolution, with a single exception, all Northern men, but also that, of the members then com posing the House of Representatives, a large majority, I believe nearly two-thirds, were Northern men also. The House agreed to insert these resolutions in its journal, and from that day to this it has never been maintained or contended at the North, that Congress had any authority to regulate or interfere with the condition of 124 SDaniel slaves in the several states. No Northern gentleman, to my knowledge, has moved any such question in either house of Congress. The fears of the South, whatever fears they might have entertained, were allayed and quiet ed by this early decision; and so remained till they were excited afresh, without cause, but for collateral and indirect purposes. When it became necessary, or was thought so by some political persons, to find an unvary ing ground for the exclusion of Northern men from confidence and from lead in the affairs of the republic, then, and not till then, the cry was raised, and the feeling industriously excited, that the influence of Northern men in public counsels would endanger the relation of mas ter and slave. For myself, I claim no other merit than that this gross and enormous injus tice towards the whole North has not wrought upon me to change my opinions or my political conduct. I hope I am above violating my prin ciples, even under the smart of injury and false imputations. Unjust suspicions and unde served reproach, whatever pain I may experi ence from them, will not induce me, I trust, to overstep the limits of constitutional duty, or to encroach on the rights of others. The domes tic slavery of the Southern States I leave where I find it, in the hands of their own govern ments. It is their affair, not mine. Nor do I complain of the peculiar effect which the magnitude of that population has had in the 125 American distribution of power under this federal gov ernment. We know, sir, that the represen tation of the states in the other house is not equal. We know that great advantage in that respect is enjoyed by the slave-holding states; and we know, too, that the intended equivalent for that advantage, that is to say, the imposition of direct taxes in the same ratio, has become merely nominal, the habit of the government being almost invariably to collect its revenue from other sources and in other modes. Nev ertheless, I do not complain; nor would I countenance any movement to alter this ar rangement of representation. It is the original bargain, the compact; let it stand; let the advantage of it be fully enjoyed. The Union itself is too full of benefit to be hazarded in propositions for changing its original basis. I go for the Constitution as it is, and for the Union as it is. But I am resolved not to sub mit in silence to accusations, either against myself individually or against the North, wholly unfounded and unjust, accusations which im pute to us a disposition to evade the constitu tional compact, and to extend the power of the government over the internal laws and domestic condition of the states. All such accusations, wherever and whenever made, all insinuations of the existence of any such purposes, I know and feel to be groundless and injurious. And we must confide in Southern gentlemen themselves; we must trust to those whose 126 2Daniel integrity of heart and magnanimity of feel ing will lead them to a desire to maintain and disseminate truth, and who possess the means of its diffusion with the Southern pub lic ; we must leave it to them to disabuse that public of its prejudices. But in the mean time, for my own part, I shall continue to act justly, whether those towards whom justice is exer cised receive it with candor or with con tumely. Having had occasion to recur to the Ordi nance of 1/87, in order to defend myself against the inferences which the honorable member has chosen to draw, from my former observations on that subject, I am not willing now entirely to take leave of it without another remark. It need hardly be said that that pa per expresses just sentiments on the great subject of civil and religious liberty. Such sentiments were common, and abound in all our state papers of that day. But this Or dinance did that which was not so common, and which is not even now universal; that is, it set forth and declared it to be a high and binding duty of government itself to support schools and advance the means of education, on the plain reason that religion, morality, and knowledge are necessary to good govern ment, and to the happiness of mankind. One observation further. The important provision incorporated into the Constitution of the Unit ed States, and into several of those of the 127 jftemorafcle American states, and recently, as we have seen, adopted into the reformed constitution of Virginia, restraining legislative power in questions of private right, and from impairing the obligation of contracts, is first introduced and established, as far as I am informed, as matter of express written constitutional law, in this Ordinance of 1/87. And I must add, also, in regard to the author of the Ordinance, who has not had the happiness to attract the gentleman s notice heretofore, nor to avoid his sarcasm now, that he was chairman of that select committee of the old Congress, whose report first ex pressed the strong sense of that body, that the old Confederation was not adequate to the exigencies of the country, and recommended to the states to send delegates to the conven tion which formed the present Contitution. An attempt has been made to transfer from the North to the South the honor of this exclusion of slavery from the Northwestern Territory. The journal, without argument or comment, refutes such attempts. The cession by Virginia was made in March, 1784. On the 1 9th of April following, a committee, consist ing of Messrs. Jefferson, Chase, and Howell, reported a plan for a temporary govern ment of the territory, in which was this article: "That, after the year 1800, there shall be nei ther slavery nor involuntary servitude in any of the said states, otherwise than in punish ment of crimes whereof the party shall have 128 Daniel been convicted." Mr. Spaight of North Caro lina moved to strike out this paragraph. The question was put, according to the form then practiced, "Shall these words stand as part of the plan?" New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania, seven states, voted in the affirmative; Maryland, Virginia, and South Carolina, in the negative. North Carolina was divided. As the consent of nine states was necessary, the words could not stand, and were struck out accordingly. Mr. Jefferson voted for the clause, but was overruled by his col leagues. In March of the next year (1/85), Mr. King of Massachusetts, seconded by Mr. Ellery of Rhode Island, proposed the formerly rejected article, with this addition: "And that this reg ulation shall be an article of compact, and remain a fundamental principle of the con stitutions between the thirteen original states, and each of the states described in the re solve." On this clause, which provided the adequate and thorough security, the eight Northern States at that time voted affirmative ly, and the four Southern States negatively. The votes of nine states were not yet ob tained, and thus the provision was again rejected by the Southern States. The perse verance of the North held out, and two years afterwards the object was attained. It is no derogation from the credit, whatever that 129 American may be, of drawing the Ordinance, that its principles had before been prepared and dis cussed, in the form of resolutions. If one should reason in that way, what would be come of the distinguished honor of the author of the Declaration of Independence ? There is not a sentiment in that paper which had not been voted and resolved in the assemblies and other popular bodies in the country, over and over again. But the honorable member has now found out that this gentleman, Mr. Dane, was a member of the Hartford Convention. How ever uninformed the honorable member may be of characters and occurrences at the North, it would seem that he has at his elbow, on this occasion, some high-minded and lofty spirit, some magnanimous and true-hearted monitor, possessing the means of local knowledge, and ready to supply the honorable member with everything, down even to forgotten and moth- eaten twopenny pamphlets, which may be used to the disadvantage of his own country. But as to the Hartford Convention, sir, allow me to say, that the proceedings of that body seem now to be less read and studied in New England than farther south. They appear to be looked to, not in New England, but else where, for the purpose of seeing how far they may serve as a precedent. But they will not answer the purpose; they are quite too tame. The latitude in which they originated was too 130 2Daniel Wtbgttt cold. Other conventions, of more recent ex istence, have gone a whole bar s length beyond it. The learned doctors of Colleton and Abbe ville have pushed their commentaries on the Hartford collect so far, that the original text- writers are thrown entirely into the shade. I have nothing to do, sir, with the Hartford Convention. Its journal, which the gentle man has quoted, I never read. So far as the honorable member may discover in its proceedings a spirit in any degree resembling that which was avowed and justified in those other conventions to which I have alluded, or so far as those proceedings can be shown to be disloyal to the Constitution, or tending to disunion, as far I shall be as ready as any one to bestow on them reprehension and censure. Having dwelt long on this convention, and other occurrences of that day, in the hope, probably (which will not be gratified), that I should leave the course of this debate to follow him at length in those excursions, the honorable member returned, and attempted another ob ject. He referred to a speech of mine in the other house, the same which I had occasion to allude to myself, the other day; and has quoted a passage or two from it, with a bold, though uneasy and laboring, air of confidence, as if he had detected in me an inconsistency. Judg ing from the gentleman s manner, a stranger to the course of the debate and to the point American in discussion would have imagined, from so triumphant a tone, that the honorable member was about to overwhelm me with a manifest contradiction. Any one who heard him, and who had not heard what I had, in fact, previ ously said, must have thought me routed and discomfited, as the gentleman had promised. Sir, a breath blows all this triumph away. There is not the slightest difference in the purport of my remarks on the two occasions. What I said here on Wednesday is in exact accordance with the opinion expressed by me in the other house in 1825. Though the gen tleman had the metaphysics of Hudibras, though he were able " To sever and divide A hair twixt north and northwest side," he could yet not insert his metaphysical scis sors between the fair reading of my remarks in 1825 and what I said here last week. There is not only no contradiction, no difference, but, in truth, too exact a similarity, both in thought and language, to be entirely in just taste. I had myself quoted the same speech; had re curred to it, and spoke with it open before me; and much of what I said was little more than a repetition from it. In order to make finish ing work with this alleged contradiction, per mit me to recur to the origin of this debate, and review its course. This seems expedient, and may be done as well now as at any time. Well, then, its history is this: The honor- 132 2DanieI able member from Connecticut moved a reso lution, which constitutes the first branch of that which is before us ; that is to say, a reso lution instructing the committee on public lands to inquire into the expediency of limit ing, for a certain period, the sales of the public lands, to such as have heretofore been offered for sale; and whether sundry offices connected with the sales of the lands might not be abolished without detriment to the public ser vice. In the progress of the discussion which arose on this resolution, an honorable member from New Hampshire moved to amend the resolution, so as entirely to reverse its object; that is, to strike it all out, and insert a direc tion to the committee to inquire into the expediency of adopting measures to hasten the sales, and extend more rapidly the surveys, of the lands. The honorable member from Maine sug gested that both those propositions might well enough go for consideration to the com mittee; and in this state of the question, the member from South Carolina addressed the Senate in his first speech. He rose, he said, to give us his own free thoughts on the public lands. I saw him rise with pleasure, and listened with expectation, though before he concluded I was filled with surprise. Certainly, I was never more surprised than to find him following up, to the extent he did, the senti ments and opinions which the gentleman from American Missouri had put forth, and which it is known he has long entertained. I need not repeat at large the general topics of the honorable gentleman s speech. When he said yesterday that he did not attack the Eastern states, he certainly must have forgot ten not only particular remarks, but the whole drift and tenor of his speech; unless he means by not attacking, that he did not com mence hostilities, but that another had preceded him in the attack. He, in the first place, disapproved of the whole course of the govern ment, for forty years, in regard to its disposi tion of the public lands; and then, turning northward and eastward, and fancying he had found a cause for alleged narrowness and niggardliness in the "accursed policy " of the tariff, to which he represented the people of New England as wedded, he went on for a full hour with remarks the whole scope of which was to exhibit the results of this policy, in feelings and in measures unfavorable to the West. I thought his opinions unfounded and erroneous, as to the general course of the gov ernment, and venture to reply to them. The gentleman had remarked on the anal ogy of other cases, and quoted the conduct of European governments towards their own sub jects settling on this continent, as in point, to show that we had been harsh and rigid in sell ing, when we should have given the public lands to settlers without price. I thought the 134 2Danid honorable member had suffered his judgment to be betrayed by a false analogy ; that he was struck with an appearance of resemblance where there was no real similitude. I think so still. The first settlers of North America were enterprising spirits, engaged in private adventure, or fleeing from tyranny at home. When arrived here, they were forgotten by the mother country, or remembered only to be oppressed. Carried away again by the appear ance of analogy, or struck with the eloquence of the passage, the honorable member yester day observed, that the conduct of government towards the Western emigrants, or my repre sentation of it, brought to his mind a cele brated speech in the British Parliament. It was, sir, the speech of Colonel Barre. On the question of the stamp act, or tea tax, I forget which, Colonel Barre had heard a member on the treasury bench argue that the people of the United States, being British colonists, planted by the maternal care, nourished by the indulgence and protected by the arms of Eng land, would not grudge their mite to relieve the mother country from the heavy burden under which she groaned. The language of Colonel Barre, in reply to this, was : "They planted by your care ? Your oppression planted them in America. They fled from your tyranny, and grew by your neglect of them. So soon as you began to care for them, you showed your care by sending persons to spy out their liberties, 135 American misrepresent their character, prey upon them, and eat out their substance." And how does the honorable gentleman mean to maintain that language like this is applicable to the conduct of the government of the United States towards the Western emi grants, or to any representation given by me of that conduct ? Were the settlers in the West driven thither by our oppression ? Have they flourished only by our neglect of them ? Has the government done nothing but prey upon them, and eat out their substance ? Sir, this fervid eloquence of the British speaker, just when and where it was uttered, and fit to re main an exercise for the schools, is not a little out of place, when it is brought thence to be applied here to the conduct of our own country towards her own citizens. From America to England, it may be true; from Americans to their own government, it would be strange language. Let us leave it, to be recited and declaimed by our boys against a foreign na tion; not introduce it here, to recite and de claim ourselves against our own. But I come to the point of the alleged con tradiction. In my remark on Wednesday, I contended that we could not give away gratui tously all the public lands; that we held them in trust; that the government had solemnly pledged itself to dispose of them as a common fund for the common benefit, and to sell and settle them as its discretion should dictate. 136 2Daniel Now, sir, what contradiction does the gentle man find to this sentiment in the speech of 1825? He quotes me as having then said that we ought not to hug these lands as a very great treasure. Very well, sir; supposing me to be accurately reported in that expression, what is the contradiction? I have not now said that we should hug these lands as a favorite source of pecuniary income. No such thing. It is not my view. What I have said, and what I do say, is, that they are a common fund, to be disposed of for the common benefit, to be sold at low prices for the accommodation of settlers, keeping the object of settling the lands as much in view as that of raising money from them. This I say now, and this I have always said. Is this hugging them as a favorite treasure? Is there no difference between hugging and hoarding this fund, on the one hand, as a great treasure, and, on the other, of disposing of it at low prices, placing the proceeds in the general treasury of the Union ? My opinion is, that as much is to be made of the land as fairly and reasonably may be, selling it all the while at such rates as to give the fullest effect to settle ment. This is not giving it all away to the states, as the gentleman would propose; nor is it hugging the fund closely and tenaciously, as a favorite treasure ; but it is, in my judgment, a just and wise policy, perfectly according with all the various duties which rest on government. So much for my contradiction. And what is 137 American it? Where is the ground of the gentleman s triumph? What inconsistency in a word or doctrine has he been able to detect? Sir, if this be a sample of that discomfiture with which the honorable gentleman threatened me, com mend me to the word " discomfiture " for the rest of my life. But, after all, this is not the point of the de bate; and I must now bring the gentleman back to what is the point. The real question between me and him is, Has the doctrine been advanced at the South or the East, that the population of the West should be retarded, or at least need not be hastened, on account of its effect to drain off the people from the Atlantic states? Is this doctrine, as has been alleged, of Eastern origin ? That is the question. Has the gentleman found anything by which he can make good his accu sation? I submit to the Senate, that he has entirely failed ; and, as far as this debate has shown, the only person who has advanced such sentiments is a gentleman from South Carolina, and a friend of the honorable mem ber himself. The honorable gentleman has given no answer to this; there is none which can be given. The simple fact, while it requires no comment to enforce it, defies all argument to refute it. I could refer to the speeches of another Southern gentleman, in years before, of the same general character, and to the same effect, as that which has been quoted ; but I 138 Daniel will not consume the time of the Senate by the reading of them. So, then, sir, New England is guiltless of the policy of retarding Western population, and of all envy and jealousy of the growth of the new states. Whatever there be of that policy in the country, no part of it is hers. If it has a local habitation, the honorable member has probably seen by this time where to look for it; and if it now has received a name, he has him self christened it. We approach, at length, sir, to a more im portant part of the honorable gentleman s ob servations. Since it does not accord with my views of justice and policy to give away the public lands altogether, as a mere matter of gratuity, I am asked by the honorable gentle man on what ground it is that I consent to vote them away in particular instances. How, he inquires, do I reconcile with these professed sentiments my support of measures appropri ating portions of the lands to particular roads, particular canals, particular rivers, and par ticular institutions of education in the West ? This leads, sir, to the real and wide difference in political opinion between the honorable gen tleman and myself. On my part, I look upon all these objects as connected with the common good, fairly embraced in its object and its terms; he, on the contrary, deems them all, if good at all, only local good. This is our difference. The interrogatory which he pro- 139 American ceeded to put at once explains this difference. "What interest," asks he, " has South Carolina in a canal in Ohio ?" Sir, this very question is full of significance. It develops the gentle man s whole political system; and its answer expounds mine. Here we differ. I look upon a road over the Alleghanies, a canal round the falls of the Ohio, or a canal or railway from the Atlantic to the Western waters, as being an object large and extensive enough to be fairly said to be for the common benefit. The gentleman thinks otherwise, and this is the key to his construction of the powers of the gov ernment. He may well ask what interest has South Carolina in a canal in Ohio. On his system, it is true, she has no interest. On that system, Ohio and Carolina are different govern ments and different countries; connected here, it is true, by some slight and ill-defined bond of union, but in all main respects separate and diverse. On that system, Carolina has no more interest in a canal in Ohio than in Mexico. The gentleman, therefore, only follows out his own principles; he does no more than arrive at the natural conclusions of his own doctrines ; he only announces the true results of that creed which he has adopted himself, and would per suade others to adopt, when he thus declares that South Carolina has no interest in a public work in Ohio. Sir, we narrow-minded people of New Eng land do not reason thus. Our notion of things 140 2Daniel is entirely different. We look upon the states, not as separated, but as united. We love to dwell on that union, and on the mutual happi ness which it has so much promoted, and the common renown which it has so greatly con tributed to acquire. In our contemplation, Carolina and Ohio are parts of the same coun try ; states united under the same general gov ernment, having interests, common, associated, intermingled. In whatever is within the prop er sphere of the constitutional power of this government, we look upon the states as one. We do not impose geographical limits to our patriotic feeling or regard; we do not follow rivers and mountains and lines of latitude to find boundaries beyond which public im provements do not benefit us. We who come here, as agents and representatives of these narrow-minded and selfish men of New Eng land, consider ourselves as bound to regard with an equal eye the good of the whole, in whatever is within our powers of legislation. Sir, if a railroad or canal beginning in South Carolina and ending in South Carolina ap peared to me to be of national importance and national magnitude, believing, as I do, that the power of government extends to the en couragement of works of that description; if I were to stand up here and ask, What interest has Massachusetts in a railroad in South Car olina ? I should not be willing to face my con stituents. These same narrow-minded men 141 American would tell me that they had sent me to act for the whole country, and that one who pos sessed too little comprehension, either of intel lect or feeling, one who was not large enough, both in mind and in heart, to embrace the whole, was not fit to be intrusted with the interest of any part. Sir, I do not desire to enlarge the powers of the government by unjustifiable construction, nor to exercise any not within a fair interpre tation. But when it is believed that a power does exist, then it is, in my judgment, to be ex ercised for the general benefit of the whole. So far as respects the exercise of such a power, the states are one. It was the very object of the Constitution to create unity of interests to the extent of the powers of the general gov ernment. In war and peace we are one; in commerce, one; because the authority of the general government reaches to war and peace, and to the regulation of commerce. I have never seen any more difficulty in erecting light houses on the lakes than on the ocean; in im proving the harbors of inland seas, than if they were within the ebb and flow of the tide; or in removing obstructions in the vast streams of the West, more than in any work to facili tate commerce on the Atlantic coast. If there be any power for one, there is power also for the other; and they are all and equally for the common good of the country. There are other objects, apparently more 142 Daniel local, or the benefit of which is less general, towards which, nevertheless, I have concurred with others, to give aid by donations of land. It is proposed to construct a road, in or through one of the new states, in which this government possesses large quantities of land. Have the United States no right, or, as a great and untaxed proprietor, are they under no ob ligation, to contribute to an object thus calcu lated to promote the common good of all the proprietors, themselves included ? And even with respect to education, which is the extreme case, let the question be considered. In the first place, as we have seen, it was made mat ter of compact with these states that they should do their part to promote education. In the next place, our whole system of land laws proceeds on the idea that education is for the common good; because, in every division, a certain portion is uniformly reserved and ap propriated for the use of schools. And finally, have not these new states singularly strong claims founded on the ground already stated, that the government is a great untaxed proprie tor, the ownership of the soil ? It is a consid eration of great importance, that probably there is in no part of the country or of the world so great call for the means of education as in these new states, owing to the vast numbers of persons within those ages in which educa tion and instruction are usually received, if re ceived at all. This is the natural consequence 143 American of recency of settlement and rapid increase. The census of these states shows how great a proportion of the whole population occupies the classes between infancy and manhood. These are the wide fields, and here is the deep and quick soil for the seeds of knowledge and virtue ; and this is the favored season, the very spring-time for sowing them. Let them be dis seminated without stint. Let them be scattered with a bountiful hand, broadcast. Whatever the government can fairly do towards these objects, in my opinion, ought to be done. These, sir, are the grounds, succinctly stat ed, on which my votes for grants of lands for particular objects rest; while I maintain, at the same time, that it is all a common fund for the common benefit. And reasons like these, I presume, have influenced the votes of other gentlemen from New England. Those who have a different view of powers of govern ment, of course, come to different conclusions, on these as on other questions. I observed, when speaking on this subject before, that if we looked to any measure, whether for a road, a canal, or anything else, intended for the im provement of the West, it would be found that, if the New England ayes were struck out of the lists of votes, the Southern noes would always have rejected the measure. The truth of this has not been denied, and cannot be denied. In stating this, I thought it just to ascribe it to the constitutional scruples of the 144 2Daniri Wtbgttt South, rather than to any other less favorable or less charitable cause. But no sooner had I done this, than the honorable gentleman asks if I reproach him and his friends with their constitutional scruples. Sir, I reproach no body. I stated a fact, and gave the most respectful reason for it that occurred to me. The gentleman cannot deny the fact; he may, if he choose, disclaim the reason. It is not long since I had occasion, in presenting a peti tion from his own state, to account for its be ing intrusted to my hands, by saying that the constitutional opinions of the gentleman and his worthy colleague prevented them from supporting it. Sir, did I state this as matter of reproach? Far from it. Did I attempt to find any other cause than an honest one for these scruples ? Sir, I do not. It did not be come me to doubt or to insinuate that the gentleman had either changed his sentiments, or that he had made up a set of constitutional opinions accommodated to any particular com bination of political occurrences. Had I done so, I should have felt that, while I was entitled to little credit in thus questioning other peo ple s motives, I justified the whole world in suspecting my own. But how has the gentle man returned this respect for others opin ions ? His own candor and justice, how have they been exhibited towards the motives of others, while he has been at so much pains to maintain, what nobody has disputed, the purity 145 American of his own? Why, sir, he has asked when, and how, and why New England votes were found going for measures favorable to the West. He has demanded to be informed whether all this did not begin in 1825, and while the election of President was still pend ing. Sir, to these questions retort would be justi fied; and it is both cogent and at hand. Never theless, I will answer the inquiry, not by retort, but by facts. I will tell the gentleman when, and how, and why New England has supported measures favorable to the West. I have al ready referred to the early history of the gov ernment, to the first acquisition of the lands, to the original laws for disposing of them, and for governing the territories where they lie; and have shown the influence of New England men and New England principles in all these leading measures. I should not be pardoned were I to go over that ground again. Coming to more recent times, and to measures of a less general character, I have endeavored to prove that everything of this kind, designed for Western improvement, has depended on the votes of New England ; all this is true beyond the power of contradiction. And now, sir, there are two measures to which I will refer, not so ancient as to belong to the early history of the public lands, and not so recent as to be on this side of the period when the gentleman charitably imagines a new direction may have 146 SDaniel Wtbgttt been given to New England feeling and New England votes. These measures, and the New England votes in support of them, may be taken as samples and specimens of all the rest. In 1820 (observe, Mr. President, in 1820) the people of the West besought Congress for a reduction in the price of lands. In favor of that reduction, New England, with a delega tion of forty members in the other house, gave thirty-three votes, and one only against it. The four Southern states, with more than fifty members, gave thirty-two votes for it and seven against it. Again, in 1821 (observe again, sir, the time), the law passed for the relief of the purchasers of the public lands. This was a measure of vital importance to the West, and more especially to the Southwest. It authorized the relinquishment of contracts for lands which had been entered into at high prices, and a reduction in other cases of not less than thirty- seven and a half per cent on the purchase money. Many millions of dol lars, six or seven, I believe, probably much more, were relinquished by this law. On this bill, New England, with her forty members, gave more affirmative votes than the four Southern states, with their fifty-two or fifty-three mem bers. These two are far the most important general measures respecting the public lands which have been adopted within the last twen ty years. They took place in 1820 and 1821. That is the time when. 147 American As to the manner how, the gentleman already sees that it was by voting in solid column for the required relief; and lastly, as to the cause why, I tell the gentleman it was because the members from New England thought the meas ures just and salutary; because they entertained towards the West neither envy, hatred, nor malice; because they deemed it becoming them, as just and enlightened public men, to meet the exigency which had arisen in the West with the appropriate measure of relief; because they felt it due to their own characters, and the characters of their New England prede cessors in this government, to act towards the new states in the spirit of a liberal, patronizing, magnanimous policy. So much, sir, for the cause why; and I hope that by this time, sir, the honorable gentleman is satisfied; if not, I do not know when or how or why he ever will be. Having recurred to these two important measures, in answer to the gentleman s in quiries, I must now beg permission to go back to a period somewhat earlier, for the purpose of still further showing how much, or rather how little, reason there is for the gentleman s insinuation that political hopes or fears, or party associations, were the grounds of these New England votes. And after what has been said, I hope it may be forgiven me if I allude to some political opinions and votes of my own, of very little public importance certainly, 148 2Daniel but which, from the time at which they were given and expressed, may pass for good wit nesses on this occasion. This government, Mr. President, from its origin to the peace of 1815, had been too much engrossed with various other important con cerns to be able to turn its thoughts inward, and look to the development of its vast internal resources. In the early part of President Washington s administration, it was fully oc cupied with completing its own organization, providing for the public debt, defending the frontiers, and maintaining domestic peace. Before the termination of that administration, the fires of the French Revolution blazed forth, as from a new-opened volcano, and the whole breadth of the ocean did not secure us from its effects. The smoke and the cinders reached us, though not the burning lava. Difficult and agitating questions, embarrassing to govern ment and dividing public opinion, sprung out of the new state of our foreign relations, and were succeeded by others, and yet again by others, equally embarrassing and equally exciting divi sion and discord, through the long series of twenty years, till they finally issued in the war with England. Down to the close of that war, no distinct, marked, and deliberate at tention had been given, or could have been given, to the internal condition of the coun try, its capacities of improvement, or the constitutional power of the government in 149 American regard to objects connected with such im provement. The peace, Mr. President, brought about an entirely new and a most interesting state of things; it opened to us other prospects and suggested other duties. We ourselves were changed, and the whole world was changed. The pacification of Europe, after June, 1815, assumed a firm and permanent aspect. The nations evidently manifested that they were disposed for peace. Some agitation of the waves might be expected, even after the storm had subsided; but the tendency was, strongly and rapidly, towards settled repose. It so happened, sir, that I was at that time a member of Congress, and, like others, natural ly turned my thoughts to the contemplation of the recently altered condition of the country and of the world. It appeared plainly enough to me, as well as to wiser and more experi enced men, that the policy of the government would naturally take a start in a new direction; because new directions would necessarily be given to the pursuits and occupations of the people. We had pushed our commerce far and fast, under the advantage of a neutral flag. But there were now no longer flags, either neutral or belligerent. The harvest of neutrality had been great, but we had gathered it all. With the peace of Europe, it was obvious there would spring up in her circle of nations a re vived and invigorated spirit of trade and a 150 SDaniel new activity in all the business and objects of civilized life. Hereafter, our commercial gains were to be earned only by success in a close and intense competition. Other nations would produce for themselves, and carry for them selves, and manufacture for themselves, to the full extent of their abilities. The crops of our plains would no longer sustain European armies, nor our ships longer supply those whom war had rendered unable to supply themselves. It was obvious that, under these circumstances, the country would begin to survey itself, and to estimate its own capacity of improvement. And this improvement, how was it to be accomplished, and who was to accomplish it ? We were ten or twelve millions of people, spread over almost half a world. We were more than twenty states, some stretching along the same seaboard, some along the same line of inland frontier, and others on opposite banks of the same vast rivers. Two consider ations at once presented themselves with great force, in looking at this state of things. One was that that great branch of improvement which consisted in furnishing new facilities of intercourse necessarily ran into different states in every leading instance, and would benefit the citizens of all such states. No one state, therefore, in such cases, would assume the whole expense, nor was the co-operation of several states to be expected. Take the in- American stance of the Delaware breakwater. It will cost several millions of money. Would Penn sylvania alone ever have constructed it ? Cer tainly never, while this Union lasts, because it is not for her sole benefit. Would Pennsyl vania, New Jersey, and Delaware have united to accomplish it at their joint expense ? Cer tainly not, for the same reason. It could not be done, therefore, but by the general gov ernment. The same may be said of the large inland undertakings, except that, in them, gov ernment, instead of bearing the whole expense, co-operates with others who bear a part. The other consideration is, that the United States have the means. They enjoy the revenues de rived from commerce, and the states have no abundant and easy sources of public income. The custom-houses fill the general treasury, while the states have scanty resources, except by resort to heavy direct taxes. Under this view of things, I thought it necessary to settle, at least for myself, some definite notions with respect to the powers of the government in regard to internal affairs. It may not savor too much of self-commenda tion to remark, that, with this object, I consid ered the Constitution, its judicial construction, its contemporaneous exposition, and the whole history of the legislation of Congress under it; and I arrived at the conclusion that govern ment had power to accomplish sundry objects, or aid in their accomplishment, which are now 152 Daniel commonly spoken of as internal improve ments. That conclusion, sir, may have been right, or it may have been wrong. I am not about to argue the grounds of it at large. I say only, that it was adopted and acted on even so early as in 1816. Yes, Mr. President, I made up my opinion, and determined on my intended course of political conduct, on these subjects, in the Fourteenth Congress, in 1816. And now, Mr. President, I have further to say, that I made up these opinions, and entered on this course of political conduct, Teucro duce. Yes, sir, I pursued in all this a South Carolina track on the doctrines of internal improvement. South Carolina, as she was then represented in the other house, set forth in 1816 under a fresh and leading breeze, and I was among the fol lowers. But if my leader sees new lights and turns a sharp corner, unless I see new lights also, I keep straight on in the same path. I repeat, that leading gentlemen from South Carolina were first and foremost in behalf of the doctrines of internal improve ments, when those doctrines came first to be considered and acted upon in Congress. The debate on the bank question, on the tariff of 1816, and on the direct tax will show who was who, and what was what, at that time. The tariff of 1816 (one of the plain cases of oppression and usurpation, from which, if the government does not recede, individual states may justly secede from the government) 153 American is, sir, in truth, a South Carolina tariff, sup ported by South Carolina votes. But for those votes it could not have passed in the form in which it did pass; whereas, if it had depended on Massachusetts votes, it would have been lost. Does not the honorable gen tleman well know all this ? There are certainly those who do, full well, know it all. I do not say this to reproach South Carolina. I only state the fact; and I think it will appear to be true, that among the earliest and boldest advocates of the tariff, as a measure of protec tion, and on the express ground of protection, were leading gentlemen of South Carolina in Congress. I did not then, and cannot now, understand their language in any other sense. While this tariff of 1816 was under discussion in the House of Representatives, an honorable gentleman from Georgia, now of this house, moved to reduce the proposed duty on cotton. He failed, by four votes, South Carolina giv ing three votes (enough to have turned the scale) against his motion. The act, sir, then passed, and received on its passage the sup port of a majority of the Representatives of South Carolina present and voting. This act is the first in the order of those now denounced as plain usurpations. We see it daily in the list, by the side of those of 1824 and 1828, as a case of manifest oppression, justifying disunion. I put it home to the honorable mem ber from South Carolina, that his own state 154 Daniel was not only " art and part " in this measure, but the causa causans. Without her aid, this seminal principle of mischief, this root of upas, could not have been planted. I have already said, and it is true, that this act proceeded on the ground of protection. It interfered directly with existing interests of great value and amount. It cut up the Calcutta cotton trade by the roots; but it passed, nevertheless, and it passed on the principle of protecting manufactures, on the principle against free trade, on the principle opposed to that which lets us alone. Such, Mr. President, were the opinions of important and leading gentlemen from South Carolina, on the subject of internal improve ment, in 1816. I went out of Congress the next year, and, returning again in 1823, thought I found South Carolina where I had left her. I really supposed that all things remained as they were, and that the South Carolina doc trine of internal improvements would be de fended by the same eloquent voices and the same strong arms, as formerly. In the lapse of these six years, it is true, political associations had assumed a new aspect and new divisions. A strong party had arisen in the South hostile to the doctrine of internal improvements. Anti-consolidation was the flag under which this party fought; and its supporters inveighed against internal improve ments, much after the manner in which the Jftemoratrfe American honorable gentleman has now inveighed against them, as part and parcel of the system of consolidation. Whether this party arose in South Carolina itself, or in the neighborhood, is more than I know. I think the latter. However that may have been, there were those found in South Carolina ready to make war upon it, and who did make intrepid war upon it. Names being regarded as things in such controversies, they bestowed on the anti- improvement gentlemen the appellation of Radicals. Yes, sir, the appellation of Radicals, as a term of distinction applicable and applied to those who denied the liberal doctrines of internal improvement, originated, according to the best of my recollection, somewhere between North Carolina and Georgia. Well, sir, these mischievous Radicals were to be put down, and the strong arm of South Carolina was stretched out to put them down. About this time I returned to Congress. The battle with the Radicals had been fought, and our South Carolina champions of the doctrines of inter nal improvement had nobly maintained their ground, and were understood to have achieved a victory. We looked upon them as conquer ors. They had driven back the enemy with discomfiture, a thing, by the way, sir, which is not always performed when it is promised. A gentleman to whom I have already referred in this debate had come into Congress, during my absence from it, from South Carolina, and 156 2DanieI had brought with him a high reputation for ability. He came from a school with which we had been acquainted, et noscitur a sodis. I hold in my hand, sir, a printed speech of this distinguished gentleman, " On Internal Improvements," delivered about the period to which I now refer, and printed with a few introductory remarks upon consolidation; in which, sir, I think he quite consolidated the arguments of his opponents, the Radicals, if to crush\)t to consolidate. I give you a short but significant quotation from these remarks. He is speaking of a pamphlet, then recently published, entitled " Consolidation"; and hav ing alluded to the question of renewing the charter of the former Bank of the United States, he says: " Moreover, in the early history of parties, and when Mr. Crawford advocated a renewal of the old charter, it was considered a Federal measure; which internal improvement never vvas, as this author erroneously states. This latter measure originated in the administration of Mr. Jefferson, with the appro priation for the Cumberland Road; and was first proposed, as a system, by Mr. Calhoun, and carried through the House of Representatives by a large majority of the Republicans, including almost every one of the leading men who carried us through the late war." So, then, internal improvement is not one of the Federal heresies. One paragraph more, sir : " The author in question, not content with de nouncing as Federalists, General Jackson, Mr. 157 American Adams, Mr. Calhoun, and the majority of the South Carolina delegation in Congress, modestly extends the denunciation to Mr. Monroe and the whole Re publican party. Here are his words : During the ad ministration of Mr. Monroe much has passed which the Republican party would be glad to approve if they could! But the principal feature, and that which has chiefly elicited these observations, is the renewal of the system of internal improvements. Now, this measure was adopted by a vote of 115 to 86 of a Republican Congress, and sanctioned by a Re publican President. Who, then, is this author, who assumes the high prerogative of denouncing, in the name of the Republican party, the Republican ad ministration of the country ? A denunciation in cluding within its sweep Calhotm, Lowndes, and Cheves, men who will be regarded as the brightest ornaments of South Carolina, and the strongest pil lars of the Republican party, as long as the^late war shall be remembered, and talents and patriotism shall be regarded as the proper objects of the admiration and gratitude of a free people! " Such are the opinions, sir, which were maintained by South Carolina gentlemen, in the House of Representatives, on the subject of internal improvements, when I took my seat there as a member from Massachusetts in 1823. But this not all. We had a bill before us, and passed it in that house, entitled, "An act to procure the necessary surveys, plans, and estimates upon the subject of roads and canals." It authorized the President to cause surveys and estimates to be made of the routes of such roads and canals as he might deem of national importance in a commercial or mili tary point of view, or for the transportation of 158 2Daniei the mail, and appropriated thirty thousand dollars out of the treasury to defray the ex pense. This act, though preliminary in its nature, covered the whole ground. It took for granted the complete power of internal improvement, as far as any of its advocates had ever contended for it. Having passed the other house, the bill came up to the Senate, and was here considered and debated in April, 1824. The honorable member from South Carolina was a member of the Senate at that time. While the bill was under consideration here, a motion was made to add the following proviso: "Provided, that nothing herein con tained shall be construed to affirm or admit a power in Congress, on their own authority, to make roads or canals within any of the states of the Union." The yeas and nays were taken on this proviso, and the honorable member voted in the negative ! The proviso failed. A motion was then made to add this proviso, viz. : "Provided, that the faith of the United States is hereby pledged, that no money shall ever be expended for roads or canals, except it shall be among the several states, and in the same proportion as direct taxes are laid and assessed by the provisions of the Constitu tion." The honorable member voted against this proviso also, and it failed. The bill was then put on its passage, and the honorable member voted for it, and it passed and be came a law. 159 ;jttemora&le American Now, it strikes me, sir, that there is no maintaining these votes but upon the power of internal improvement, in its broadest sense. In truth, these bills for surveys and estimates have always been considered as test questions; they show who is for and who against internal improvement. This law itself went the whole length, and assumed the full and complete power. The gentleman s votes sustained that power, in every form in which the various prop ositions to amend presented it. He went for the entire and unrestrained authority, without consulting the states, and without agreeing to any proportionate distribution. And now suf fer me to remind you, Mr. President, that it is this very same power, thus sanctioned, in every form, by the gentleman s own opinion, which is so plain and manifest a usurpation that the state of South Carolina is supposed to be jus tified in refusing submission to any laws carry ing the power into effect. Truly, sir, is not this a little too hard ? May we not crave some mercy, under favor and protection of the gen tleman s own authority ? Admitting that a road, or a canal, must be written down flat usurpation as was ever committed, may we find no mitigation in our respect for his place, and his vote, as one that knows the law ? The tariff, which South Carolina had an efficient hand in establishing, in 1816, and this asserted power of internal improvement, advanced by her in the same year, and, as we 160 Daniel have seen, approved and sanctioned by her representatives in 1824, these two measures are the great grounds on which she is now thought to be justified in breaking up the Union, if she sees fit to break it up ! I may now safely say, I think, that we have had the authority of leading and distinguished gentlemen from South Carolina in support of the doctrine of internal improvement. I re peat, that, up to 1824, I for one followed South Carolina; but when that star, in its ascension, veered off in an unexpected direction, I relied on its light no longer. I have thus, sir, perhaps not without some tediousness of detail, shown, if I am in error on the subject of internal improvement, how, and in what company, I fell into that error. If I am wrong, it is apparent who misled me. I go to other remarks of the honorable mem ber ; and I have to complain of an entire mis apprehension of what I said on the subject of the national debt, though I can hardly perceive how any one could misunderstand me. What I said was, not that I wished to put off the payment of the debt, but, on the contrary, that I had always voted for every measure for its reduction, as uniformly as the gentleman him self. He seems to claim the exclusive merit of a disposition to reduce the public charge. I do not allow it to him. As a debt, I was, I am, for paying it, because it is a charge on our finances, and on the industry of the country. 161 Jttemora&le American But I observed, that I thought I perceived a morbid fervor on that subject, an excessive anxiety to pay off the debt, not so much be cause it is a debt simply, as because, while it lasts, it furnishes one objection to disunion. It is, while it continues, a tie of common interest. I did not impute such motives to the honorable member himself, but that there is such an opinion in existence I have not a particle of doubt. The most I said was, that, if one effect of the debt was to strengthen our Union, that effect itself was not regretted by me, however much others might regret it. The gentleman has not seen how to reply to this, otherwise than by supposing me to have ad vanced the doctrine that a national debt is a national blessing. Others, I must hope, will find much less difficulty in understanding me. I distinctly and pointedly cautioned the honor able member not to understand me as express ing an opinion favorable to the continuance of the debt. I repeated this caution, and re peated it more than once; but it was thrown away. On yet another point, I was still more unac countably misunderstood. The gentleman had harangued against "consolidation." I told him, in reply, that there was one kind of consolida tion to which I was attached, and that was the consolidation of our Union; that this was precisely that consolidation to which I feared others were not attached, and that such con- 162 Daniel solidation was the very end of the Constitution, the leading object, as they had informed us themselves, which its framers had kept in view. I turned to their communication, and read their very words, "the consolidation of the Union," and expressd my devotion to this sort of consolidation. I said, in terms, that I wished not in the slightest degree to augment the powers of this government; that my object was to preserve, not to enlarge; and that by consolidating the Union I understood no more than the strengthening of the Union, and per petuating it. Having been thus explicit, hav ing thus read from the printed book the precise words which I adopted, as expressing my own sentiments, it passes comprehension how any man could understand me as contending for an extension of the powers of the government, or for consolidation in that odious sense in which it means an accumulation, in the federal gov ernment, of the powers properly belonging to the states. I repeat, sir, that, in adopting the senti ment of the framers of the Constitution, I read their language audibly, and word for word; and I pointed out the distinction, just as fully as I have now done, between the consolidation of the Union and that other obnoxious con solidation which I disclaimed. And yet the honorable member misunderstood me. The gentleman had said that he wished for no fixed revenue, not a shilling. If by a word he could 163 American convert the Capitol into gold, he would not do it. Why all this fear of revenue ? Why, sir, because, as the gentleman told us, it tends to consolidation. Now, this can mean neither more nor less than that a common revenue is a common interest, and that all common inter ests tend to preserve the union of the states. I confess I like that tendency; if the gentle man dislikes it, he is right in deprecating a shilling of fixed revenue. So much, sir, for consolidation. As well as I recollect the course of his re marks, the honorable gentleman next recurred to the subject of the tariff. He did not doubt the word must be of unpleasant sound to me, and proceeded, with an effort neither new nor attended with new success, to involve me and my votes in inconsistency and contradiction. I am happy the honorable gentleman has fur nished me an opportunity of a timely remark or two on that subject. I was glad he ap proached it, for it is a question I enter upon without fear from anybody. The strenuous toil of the gentleman has been to raise an inconsistency between my dissent to the tariff in 1824 and my vote in 1828. It is labor lost. He pays undeserved compliment to my speech in 1824; but this is to raise me high, that my fall, as he would have it, in 1828, may be more signal. Sir, there was no fall. Between the ground I stood on in 1824 and that I took in 1828, there was not only no 164 SDaniel Wtbgttt precipice, but no declivity. It was a change of position to meet new circumstances, but on the same level. A plain tale explains the whole matter. In 1816 I had not acquiesced in the tariff, then supported by South Caro lina. To some parts of it, especially, I felt and expressed great repugnance. I held the same opinions in 1820, at the meeting in Faneuil Hall, to which the gentleman has alluded. With a great majority of the representa tives of Massachusetts, I voted against the tariff of 1824. My reasons were then given, and I will not now repeat them. But not withstanding our dissent, the great states of New York, Pennsylvania, Ohio, and Kentucky went for the bill, in almost unbroken column, and it passed. Congress and the President sanctioned it, and it became the law of the land. What, then, were we to do ? Our only option was, either to fall in with this settled course of public policy, and accommodate our selves to it as well as we could, or to embrace the South Carolina doctrine, and talk of nulli fying the statute by state interference. This last alternative did not suit our prin ciples, and of course we adopted the former. In 1827, the subject came again before Con gress, on a proposition to afford some relief to the branch of wool and woolens. We looked upon the system of protection as being fixed and settled. The law of 1824 remained. It had gone into full operation, and in regard 165 Jftemoratile American to some objects intended by it, perhaps most of them, had produced all its expected effects. No man proposed to repeal it; no man at tempted to renew the general contest on its principle. But, owing to subsequent and un foreseen occurrences, the benefit intended by it to wool and woolen fabrics had not been re alized. Events not known here when the law passed had taken place, which defeated its object in that particular respect. A measure was accordingly brought forward to meet this precise deficiency, to remedy this particular defect. It was limited to wool and woolens. Was ever anything more reasonable? If the policy of the tariff laws had become estab lished in principle, as the permanent policy of the government, should they not be revised and amended, and made equal, like other laws, as exigencies should arise, or justice require ? Because we had doubted about adopting the system, were we to refuse to cure its manifest defects after it had been adopted, and when no one attempted its repeal? And this, sir, is the inconsistency so much bruited. I had voted against the tariff of 1824, but it passed; and in 1827 and 1828 I voted to amend it, in a point essential to the interest of my constit uents. Where is the inconsistency? Could I do otherwise ? Sir, does political consis tency consist in always giving negative votes ? Does it require of a public man to refuse to concur in amending laws because they passed 166 SDaniel against his consent ? Having voted against the tariff originally, does consistency demand that I should do all in my power to maintain an unequal tariff, burdensome to my own con stituents in many respects, favorable in none ? To consistency of that sort, I lay no claim. And there is another sort to which I lay as little, and that is, a kind of consistency by which persons feel themselves as much bound to oppose a proposition after it has become a law of the land as before. The bill of 1827, limited, as I have said, to the single object in which the tariff of 1824 had manifestly failed in its effect, passed the House of Representatives, but was lost here. We had then the act of 1828. I need not recur to the history of a measure so recent. Its enemies spiced it with whatsoever they thought would render it distasteful ; its friends took it, drugged as it was. Vast amounts of property, many millions, had been invested in manufactures, under the inducements of the act of 1824. Events called loudly, as I thought, for further regulation to secure the degree of protection intended by that act. I was disposed to vote for such regulation, and desired nothing more; but certainly was not to be bantered out of my purpose by a threat ened augmentation of duty on molasses, put into the bill for the avowed purpose of mak ing it obnoxious. The vote may have been right or wrong, wise or unwise ; but it is little 167 American less than absurd to allege against it an incon sistency with opposition to the former law. Sir, as to the general subject of the tariff, I have little now to say. Another opportu nity may be presented. I remarked the other day, that this policy did not begin with us in New England; and yet, sir, New England is charged with vehemence as being favorable, or charged with equal vehemence as being un favorable, to the tariff policy, just as best suits the time, place, and occasion for making some charge against her. The credulity of the public has been put to its extreme capacity of false impression relative to her conduct in this particular. Through all the South, during the late contest, it was New England policy and a New England administration that were afflict ing the country with a tariff beyond all endur ance ; while on the other side of the Allegha- nies even the act of 1828 itself, the very sublimated essence of oppression, according to Southern opinions, was pronounced to be one of those blessings for which the West was indebted to the " generous South." With large investments in manufacturing establishments, and many and various inter ests connected with and dependent on them, it is not to be expected that New England, any more than other portions of the country, will now consent to any measure destruc tive or highly dangerous. The duty of the government, at the present moment, would 168 2Daniel seem to be to preserve, not to destroy; to maintain the position which it has assumed; and for one, I shall feel it an indispensable obligation to hold it steady, as far as in my power, to that degree of protection which it has undertaken to bestow. No more of the tariff. Professing to be provoked by what he chose to consider a charge made by me against South Carolina, the honorable member, Mr. President, has taken up a new crusade against New England. Leaving altogether the sub ject of the public lands, in which his success, perhaps, had been neither distinguished nor satisfactory, and letting go, also, of the topic of the tariff, he sallied forth in a general as sault on the opinions, politics, and parties of New England as they have been exhibited in the last thirty years. This is natural. The "narrow policy" of the public lands had proved a legal settlement in South Carolina, and was not to be removed. The "accursed policy" of the tariff, also, had established the fact of its birth and parentage in the same state. No wonder, therefore, the gentleman wished to carry the war, as he expressed it, into the enemy s country. Prudently willing to quit these subjects, he was doubtless desirous of fastening on others, which could not be trans ferred south of Mason and Dixon s line. The politics of New England became his theme, and it was in this part of his speech, I 169 American think, that he menaced me with such sore dis comfiture. Discomfiture! Why, sir, when he attacks anything which I maintain and over throws it, when he turns the right or left of any position which I take up, when he drives me from any ground I choose to occupy, he may then talk of discomfiture, but not till that distant day. What has he done? Has he maintained his own charges? Has he proved what he alleged ? Has he sustained himself in his attack on the government, and on the history of the North, in the matter of the public lands ? Has he disproved a fact, refuted a propo sition, weakened an argument, maintained by me? Has he come within beat of drum of any position of mine? O, no; but he has "carried the war into the enemy s country"! Carried the war into the enemy s country! Yes, sir, and what sort of a war has he made of it? Why, sir, he has stretched a dragnet over the whole surface of perished pamphlets, indiscreet sermons, frothy paragraphs, and fuming popular addresses, over whatever the pulpit in its moments of alarm, the press in its heats, and parties in their extravagance have severally thrown off in times of general excitement and violence. He has thus swept together a mass of such things as, but that they now are old and cold, the public health would have required him rather to leave in their state of dispersion. For a good long hour or two we had the unbroken pleasure of listening to the 170 2Daniel Wtbgtct honorable member, while he recited with his usual grace and spirit, and with evident high gusto, speeches, pamphlets, addresses, and all the et cceteras of the political press, such as warm heads produce in warm times, and such as it would be "discomfiture" indeed for any one whose taste did not delight in that sort of reading to be obliged to peruse. This is his war. This it is to carry the war into the ene my s country. It is in an invasion of this sort that he flatters himself with the expectation of gaining laurels fit to adorn a senator s brow! Mr. President, I shall not, it will not, I trust, be expected that I should, either now or at any time, separate this farrago into parts and answer and examine its components. I shall barely bestow upon it all a general remark or two. In the run of forty years, sir, under this Constitution, we have experienced sundry suc cessive violent party contests. Party arose, indeed, with the Constitution itself, and in some form or other has attended it through the greater part of its history. Whether any other constitution than the old Articles of Confederation was desirable, was itself a ques tion on which parties divided; if a new con stitution were framed, what powers should be given to it was another question ; and when it had been formed, what was, in fact, the just extent of the powers actually conferred was a third. Parties, as we know, existed under the first administration as distinctly marked as ;jftemora&Ie American those which have manifested themselves at any subsequent period. The contest imme diately preceding the political change in 1801, and that again which existed at the commence ment of the late war, are other instances of party excitement of something more than usual strength and intensity. In all these conflicts there was, no doubt, much of violence on both and all sides. It would be impossible, if one had a fancy for such employment, to adjust the relative quantum of violence between these con tending parties. There was enough in each as must always be expected in popular govern ments. With a great deal of popular and deco rous discussion, there was mingled a great deal, also, of declamation, virulence, crimination, and abuse. In regard to any party, probably, at one of the leading epochs in the history of parties, enough may be found to make out another inflamed exhibition, not unlike that with which the honorable member has edified us. For myself, sir, I shall not rake among the rubbish of bygone times to see what I can find, or whether I cannot find something by which I can fix a blot on the escutcheon of any state, any party, or any part of the coun try. General Washington s administration was steadily and zealously maintained, as we all know, by New England. It was violently opposed elsewhere. We know in what quarter he had the most earnest, constant, and perse vering support in all his great and leading 172 SDaniel measures. We know where his private and personal character was held in the highest degree of attachment and veneration; and we know, too, where his measures were opposed, his services slighted, and his character vilified. We know, or we might know if we turned to the journals, who expressed respect, gratitude, and regret when he retired from the chief magistracy, and who refused to express either respect, gratitude, or regret. I shall not open those journals. Publications more abusive or scurrilous never saw the light than were sent forth against Washington, and all his leading measures, from presses south of New England. But I shall not look them up. I employ no scavengers; no one is in attendance on me, furnishing such means of retaliation; and if there were, with an ass s load of them, with a bulk as huge as that which the gentleman him self has produced, I would not touch one of them. I see enough of the violence of our own times to be no way anxious to rescue from forgetfulness the extravagances of times past. Besides, what is all this to the present pur pose ? It has nothing to do with the public lands, in regard to which the attack was be gun; and it has nothing to do with those sen timents and opinions which, I have thought, tend to disunion, and all of which the honor able member seems to have adopted himself, and undertaken to defend. New England has, at times, so argues the gentleman, held opin- 173 American ions as dangerous as those which he now holds. Suppose this were so; why should he there fore abuse New England ? If he finds himself countenanced by acts of hers, how is it that while he relies on these acts he covers, or seeks to cover, their authors with reproach ? But, sir, if, in the course of forty years, there have been undue effervescences of party in New England, has the same thing happened nowhere else ? Party animosity and party out rage, not in New England, but elsewhere, de nounced President Washington, not only as a Federalist, but as a Tory, a British agent, a man who, in his high office, sanctioned corrup tion. But does the honorable member sup pose, if I had a tender here who should put such an effusion of wickedness and folly into my hand, that I would stand up and read it against the South? Parties ran into great heats again in 1799 and 1800. What was said, sir, or rather what was not said, in those years, against John Adams, one of the com mittee that drafted the Declaration of Inde pendence, and its admitted ablest defender on the floor of Congress ? If the gentleman wishes to increase his stores of party abuse and frothy violence, if he has a determined proclivity to such pursuits, there are treasures of that sort south of the Potomac, much to his taste, yet untouched. I shall not touch them. The parties which divided the country at 174 2DanieI the commencement of the late war were vio lent. But then there was violence on both sides, and violence in every state. Minorities and majorities were equally violent. There was no more violence against the war in New England than in other states; nor any more appearance of violence, except that, owing to a dense population, greater facility of assem bling, and more presses, there may have been more in quantity spoken and printed there than in some other places. In the article of sermons, too, New England is somewhat more abundant than South Carolina; and for that reason the chance of finding here and there an exceptionable one may be greater. I hope, too, there are more good ones. Opposition may have been more formidable in New Eng land, as it embraced a larger portion of the whole population; but it was no more unre strained in principle, or violent in manner. The minorities dealt quite as harshly with their own state governments as the majorities dealt with the administration here. There were presses on both sides, popular meetings on both sides, ay, and pulpits on both sides also. The gentleman s purveyors have only catered for him among the productions of one side. I certainly shall not supply the defi ciency by furnishing samples of the other. I leave to him, and to them, the whole concern. It is enough for me to say, that if in any part of this their grateful occupation, if in 175 American all their researches, they find anything in the history of Massachusetts, or New England, or in the proceedings of any legislative or other public body, disloyal to the Union, speaking slightingly of its value, proposing to break it up, or recommending non-intercourse with neighboring states, on account of difference of political opinion, then, sir, I give them all up to the honorable gentleman s unrestrained rebuke; expecting, however, that he will ex tend his buffetings in like manner to all simi lar proceedings, wherever else found. The gentleman, sir, has spoken at large of former parties, now no longer in being, by their received appellations, and has under taken to instruct us, not only in the knowl edge of their principles, but of their respective pedigrees also. He has ascended to their origin, and run out their genealogies. With most exemplary modesty he speaks of the party to which he professes to have himself belonged, as the true pure, the only honest, patriotic party, derived by regular descent, from father to son, from the time of the virtu ous Romans! Spreading before us the fam ily tree of political parties, he takes especial care to show himself snugly perched on a popular bough ! He is wakeful to the expedi ency of adopting such rules of descent as shall bring him in, to the exclusion of others, as an heir to the inheritance of all public virtue, and all true political principle. His party and his 176 SDaniri opinions are sure to be orthodox; heterodoxy is confined to his opponents. He spoke, sir, of the Federalists, and I thought I saw some eyes begin to open and stare a little, when he ventured on that ground. I expected he would draw his sketches rather lightly when he looked on the circle round him, and especially if he should cast his thoughts to the high places out of the Senate. Nevertheless, he went back to Rome, ad annum urbis condita, and found the fathers of the Federalists in the primeval aris- tocats of that renowned city ! He traced the flow of Federal blood down through succes sive ages and centuries, till he brought it into the veins of the American Tories, of whom, by the way, there were twenty in the Carolinas for one in Massachusetts. From the Tories he followed it to the Federalists; and as the Federal party was broken up, and there was no possibility of transmitting it further on this side of the Atlantic, he seems to have dis covered that it has gone off collaterally, though against all the canons of descent, into the Ultras of France, and finally become extinguished, like exploded gas, among the adherents of Don Miguel ! This, sir, is an abstract of the gentleman s history of Federalism. I am not about to con trovert it. It is not, at present, worth the pains of refutation; because, sir, if at this day any one feels the sin of Federalism lying heavily on his conscience, he can easily procure remission. 177 American He may even obtain an indulgence if he be desirous of repeating the same transgression. It is an affair of no difficulty to get into this right line of patriotic descent. A man nowa days is at liberty to choose his political parent age. He may elect his own father. Federalist or not, he may, if he choose, claim to belong to the favored stock, and his claim will be al lowed. He may carry back his pretensions just as far as the honorable gentleman himself; nay, he may make himself out the honorable gentle man s cousin, and prove, satisfactorily, that he is descended from the same political great-grand father. All this is allowable. We all know a process, sir, by which the whole Essex Junto could, in one hour, be all washed white from their ancient Federalism, and come out, every one of them, original Democrats, dyed in the wool ! Some of them have actually undergone the operation, and they say it is quite easy. The only inconvenience it occasions, as they tell us, is a slight tendency of the blood to the face, a soft suffusion, which, however, is very transient, since nothing is said by those whom they join calculated to deepen the red on the cheek, but a prudent silence is observed in regard to all the past. Indeed, sir, some smiles of appror bation have been bestowed, and some crumbs of comfort have fallen not a thousand miles from the door of the Hartford Convention it self. And if the author of the Ordinance of 1787 possessed the other requisite qualifications, 178 SDaniel there is no knowing, notwithstanding his Fed eralism, to what heights of favor he might not yet attain. Mr. President, in carrying his warfare, such as it is, into New England, the honorable gentle man all along professes to be acting on the defensive. He chooses to consider me as hav ing assailed South Carolina, and insists that he comes forth only as her champion, and in her defense. Sir, I do not admit that I made any attack whatever on South Carolina. Nothing like it. The honorable member, in his first speech, expressed opinions in regard to rev enue and some other topics which I heard both with pain and with surprise. I told the gentleman I was aware that such sentiments were entertained out of the government, but had not expected to find them advanced in it; that I knew there were persons in the South who speak of our Union with indifference or doubt, taking pains to magnify its evils, and to say nothing of its benefits; that the honor able member himself, I was sure, could never be one of these ; and I regretted the expression of such opinions as he had avowed, because I thought their obvious tendency was to en courage feelings of disrespect to the Union, and to impair its strength. This, sir, is the sum and substance of all I said on the subject. And this constitutes the attack which called on the chivalry of the gentleman, in his own opinion, to harry us with such a foray among 179 jftemorafcle American the party pamphlets and party proceedings of Massachusetts ! If he means that I spoke with dissatisfaction or disrespect of the ebullitions of individuals in South Carolina, it is true. But if he means that I assailed the character of the state, her honor, or patriotism, that I reflected on her history or her conduct, he has not the slightest ground for any such as sumption. I did not even refer, I think, in my observations, to any collection of individuals. I said nothing of the recent conventions. I spoke in the most guarded and careful manner, and only expressed my regret for the pub lication of opinions, which I presumed the honorable member disapproved as much as myself. In this, it seems, I was mistaken. I do not remember that the gentleman has dis claimed any sentiment, or any opinion, of a supposed anti-union tendency, which on all or any of the recent occasions has been expressed. The whole drift of his speech has been rather to prove that, in divers times and manners, sentiments equally liable to my objection have been avowed in New England. And one would suppose that his object, in this reference to Massachusetts, was to find a precedent to justify proceedings in the South, were it not for the reproach and contumely with which he labors, all along, to load these his own chosen precedents. By way of defending South Caro lina from what he chooses to think an attack on her, he first quotes the example of Massa- 180 2Daniel Wtbgttt chusetts, and then denounces that example in good set terms. This twofold purpose, not very consistent, one would think, with itself, was exhibited more than once in the course of his speech. He referred, for instance, to the Hartford Convention. Did he do this for au thority, for a topic of reproach ? Apparently for both, for he told us that he should find no fault with the mere fact of holding such a con vention, and considering and discussing such questions as he supposes were then and there discussed ; but what rendered it obnoxious was its being held at the time, and under the circumstances of the country then existing. We were in a war, he said, and the country needed all our aid ; the hand of government required to be strengthened, not weakened; and patriotism should have postponed such proceedings to another day. The thing itself, then, is a precedent; the time and manner of it only a subject of censure. Now, sir, I go much further on this point than the honorable member. Supposing, as the gentleman seems to do, that the Hartford Convention assembled for any such purpose as breaking up the Union, because they thought unconstitutional laws had been passed, or to consult on that subject, or to calculate the value of the Union ; supposing this to be their purpose, or any part of it, then I say the meeting itself was disloyal, and was obnoxious to censure, whether held in time of peace or 181 American time of war, or under whatever circumstances. The material question is the object. Is disso lution the object? If it be, external circum stances may make it a more or less aggravated case, but cannot affect the principle. I do not hold, therefore, sir, that the Hartford Con vention was pardonable, even to the extent of the gentleman s admission, if its objects were really such as have been imputed to it. Sir, there never was a time, under any degree of excitement, in which the Hartford Convention, or any other convention, could have main tained itself one moment in New England, if assembled for any such purpose as the gen tleman says would have been an allowable purpose. To hold conventions to decide con stitutional law! To try the binding validity of statutes by votes in a convention ! Sir, the Hartford Convention, I presume, would not desire that the honorable gentleman should be their defender or advocate, if he puts their case upon such untenable and extravagant grounds. Then, sir, the gentleman has no fault to find with these recently promulgated South Caro lina opinions. And certainly he need have none ; for his own sentiments, as now advanced, and advanced on reflection, as far as I have been able to comprehend them, go the full length of all these opinions. I propose, sir, to say some thing on these, and to consider how far they are just and constitutional. Before doing that, 182 Daniel however, let me observe that the eulogium pro nounced by the honorable gentleman on the character of the state of South Carolina, for her Revolutionary and other merits, meets my hearty concurrence. I shall not acknowledge that the honorable member goes before me in regard for whatever of distinguished talent, or distinguished character, South Carolina has produced. I claim part of the honor; I partake in the pride of her great names. I claim them for countrymen, one and all, the Laurenses, the Rutledges, the Pinckneys, the Sumters, the Marions, Americans all, whose fame is no more to be hemmed in by state lines, than their tal ents and patriotism were capable of being cir cumscribed within the same narrow limits. In their day and generation, they served and hon ored the country, and the whole country; and their renown is of the treasures of the whole country. Him whose honored name the gen tleman himself bears, does he esteem me less capable of gratitude for his patriotism, or sym pathy for his sufferings, than if his eyes had first opened upon the light of Massachusetts instead of South Carolina ? Sir, does he sup pose it in his power to exhibit a Carolina name so bright as to produce envy in my bosom ? No, sir; increased gratification and delight rather. I thank God that, if I am gifted with little of the spirit which is able to raise mortals to the skies, I have yet none, as I trust, of that other spirit which would drag angels down. 183 American When I shall be found, sir, in my place here in the Senate, or elsewhere, to sneer at public merit because it happens to spring up beyond the little limits of my own state or neighbor hood; when I refuse, for any such cause, or for any cause, the homage due to American tal ent, to elevated patriotism, to sincere devotion to liberty and the country; or if I see an uncom mon endowment of Heaven, if I see extraordi nary capacity and virtue, in any son of the South, and if, moved by local prejudice or gan grened by state jealousy, I get up here to abate the tithe of a hair from his just character and just fame, may my tongue cleave to the roof of my mouth ! Sir, let me recur to pleasing recollections; let me indulge in refreshing remembrance of the past; let me remind you that, in early times, no states cherished greater harmony, both of principle and feeling, than Massachu setts and South Carolina. Would to God that harmony might again return! Shoulder to shoulder they went through the Revolution; hand in hand they stood round the administra tion of Washington, and felt his own great arm lean on them for support. Unkind feeling, if it exist, alienation, and distrust are the growth, unnatural to such soils, of false principles since sown. They are weeds, the seeds of which that same great arm never scattered. Mr. President, I shall enter on no encomium upon Massachusetts; she needs none. There 184 SDaniel Wtbgttt she is. Behold her, and judge for yourselves. There is her history; the world knows it by heart. The past, at least, is secure. There is Boston, and Concord, and Lexington, and Bunker Hill; and there they will remain for ever. The bones of her sons, failing in the great struggle for independence, now lie min gled with the soil of every state from New England to Georgia; and there they will lie forever. And, sir, where American liberty raised its first voice, and where its youth was nurtured and sustained, there it still lives, in the strength of its manhood and full of its original spirit. If discord and disunion shall wound it, if party strife and blind ambition shall hawk at and tear it, if folly and madness, if uneasiness under salutary and necessary restraint, shall succeed in separating it from that union, by which alone its existence is made sure, it will stand, in the end, by the side of that cradle in which its infancy was rocked; it will stretch forth its arm with whatever of vigor it may still retain over the friends who gather round it; and it will fall at last, if fall it must, amidst the proudest monuments of its own glory, and on the very spot of its origin. There yet remains to be performed, Mr. President, by far the most grave and important duty, which I feel to be devolved on me by this occasion. It is to state, and to defend, what I conceive to be the true principles of the Constitution under which we are here 185 American assembled. I might well have desired that so weighty a task should have fallen into other and abler hands. I could have wished that it should have been executed by those whose character and experience give weight and influ ence to their opinions, such as cannot possibly belong to mine. But, sir, I have met the oc casion, not sought it; and I shall proceed to state my own sentiments, without challenging for them any particular regard, with studied plainness, and as much precision as possible. I understand the honorable gentleman from South Carolina to maintain that it is a right of the state legislatures to interfere whenever, in their judgment, this government transcends its constitutional limits, and to arrest the oper ation of its laws. I understand him to maintain this right, as a right existing under the Constitution, not as a right to overthrow it on the ground of ex treme necessity, such as would justify violent revolution. I understand him to maintain an authority, on the part of the states, thus to interfere, for the purpose of correcting the exercise of power by the general government, of checking it and of compelling it to conform to their opinion of the extent of its powers. I understand him to maintain that the ulti mate power of judging of the constitutional extent of its own authority is not lodged exclu sively in the general government, or any branch 1 86 Daniel of it; but that, on the contrary, the states may lawfully decide for themselves, and each state for itself, whether, in a given case, the act of the general government transcends its power. I understand him to insist that if the exi gency of the case, in the opinion of any state government, requires it, such state government may, by its own sovereign authority, annul an act of the general government which it deems plainly and palpably unconstitutional. This is the sum of what I understand from him to be the South Carolina doctrine, and the doctrine which he maintains. I propose to consider it, and compare it with the Consti tution. Allow me to say, as a preliminary remark, that I call this the South Carolina doctrine only because the gentleman himself has so denominated it. I do not feel at liberty to say that South Carolina, as a state, has ever advanced these sentiments. I hope she has not, and never may. That a great major ity of her people are opposed to the tariff laws is doubtless true. That a majority, somewhat less than that just mentioned, conscientiously believe these laws unconstitutional may prob ably also be true. But that any majority holds to the right of direct state interference at state discretion, the right of nullifying acts of Congress by acts of state legislation, is more than I know, and what I shall be slow to believe. That there are individuals besides the honor- 187 ;jttemoraWe American able gentleman who do maintain these opinions is quite certain. I recollect the recent ex pression of a sentiment which circumstances attending its utterance and publication justify us in supposing was not unpremeditated. " The sovereignty of the state, never to be con trolled, construed, or decided on but by her own feelings of honorable justice." [Mr. Hayne here rose and said, that, for the pur pose of being clearly understood, he would state that his proposition was, in the words of the Virginia res olution, as follows : "That this assembly doth explicitly and perempto rily declare, that it views the powers of the federal government, as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose, for ar resting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them." Mr.Webster resumed.] I am quite aware, Mr. President, of the existence of the resolution which the gentle man read, and has now repeated, and that he relies on it as his authority. I know the source, too, from which it is understood to have proceeded. I need not say that I have much respect for the constitutional opinions of Mr. Madison; they would weigh greatly 188 with me always. But before the authority of his opinion be vouched for the gentleman s proposition, it will be proper to consider what is the fair interpretation of that resolution, to which Mr. Madison is understood to have given his sanction. As the gentleman con strues it, it is an authority for him. Possibly he may not have adopted the right con struction. That resolution declares that in the case of the dangerous exercise of powers not granted by the general government, the states may interpose to arrest the progress of the evil. But how interpose, and what does this declaration purport ? Does it mean no more than that there may be extreme cases in which the people, in any mode of assembling, may resist usurpation, and relieve themselves from a tyrannical government ? No one will deny this. Such resistance is not only ac knowledged to be just in America, but in England also; Blackstone admits as much, in the theory and practice, too, of the English constitution. We, sir, who oppose the Caro lina doctrine, do not deny that the people may, if they choose, throw off any government when it becomes oppressive and intolerable, and erect a better in its stead? We all know that civil institutions are established for the public benefit, and that when they cease to an swer the ends of their existence they may be changed. But I do not understand the doctrine now contended for to be that, which, for the 189 American sake of distinction, we may call the right of revolution. I understand the gentleman to maintain that without revolution, without civil commotion, without rebellion, a remedy for sup posed abuse and transgression of the powers of the general government lies in a direct appeal to the interference of the state govern ments. [Mr. Hayne here rose and said he did not contend for the mere right of revolution, but for the right of constitutional resistance. What he maintained was, that in case of a plain, palpable violation of the Consti tution by the general government, a state may inter pose; and that this interposition is constitutional. Mr. Webster resumed.] So, sir, I understood the gentleman, and am happy to find that I did not misunderstand him. What he contends for is, that it is constitutional to interrupt the administration of the Constitution itself, in the hands of those who are chosen and sworn to administer it, by the direct interference, in form of law, of the states, in virtue of their sovereign capacity. The inherent right in the people to reform their government I do not deny; and they have another right, and that is to resist un constitutional laws without overturning the government. It is no doctrine of mine that unconstitutional laws bind the people. The great question is, whose prerogative is it to decide on the constitutionality or unconstitu tionally of the laws? On that the main debate hinges, The proposition that in case 190 2Danid Wtbgttt of a supposed violation of the Constitution by Congress the states have a constitutional right to interfere and annul the law of Con gress is the proposition of the gentleman. I do not admit it. If the gentleman had intended no more than to assert the right of revolution for justifiable cause, he would have said only what all agreed to. But I cannot conceive that there can be a middle course be tween submission to the laws, when regularly pronounced constitutional, on the one hand, and open resistance, which is revolution or rebellion, on the other. I say the right of a state to annul a law of Congress cannot be maintained but on the ground of the inalien able right of man to resist oppression ; that is to say, upon the ground of revolution. I admit that there is an ultimate violent remedy, above the Constitution and in defiance of the Constitution, which may be resorted to when a revolution is to be justified. But I do not admit that under the Constitution, and in conformity with it, there is any mode in which a state government, as a member of the Union, can interfere and stop the progress of the general government by force of her own laws, under any circumstances whatever. This leads us to inquire into the origin of this government, and the source of its power. Whose agent is it ? Is it the creature of the state legislatures, or the creature of the peo ple ? If the government of the United States IQI American be the agent of the state governments, then they may control it, provided they can agree in the manner of controlling it ; if it be the agent of the people, then the people alone can control it, restrain it, modify or reform it. It is observable enough that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining not only that this general government is the creature of the states, but that it is the creature of each of the states severally, so that each may assert the power for itself of determining whether it acts within the limits of its authority. It is the servant of four-and-twenty masters, of different wills and different purposes, and yet bound to obey all. This absurdity (for it seems no less) arises from a misconception as to the origin of this government and its true character. It is, sir, the people s Constitu tion, the people s government; made for the people, made by the people, and answerable to the people. The people of the United States have declared that this Constitution shall be the supreme law. We must either admit the proposition or dispute their author ity. The states are, unquestionably, sovereign, so far as their sovereignty is not affected by the supreme law. But the state legislatures, as pol itical bodies, however sovereign, are yet not sov ereign over the people. So far as the people have given power to the general government, so far the grant is unquestionably good, and 192 SDaniel the government holds of the people, and not of the state governments. We are all agents of the same supreme power, the people. The general government and the state govern ments derive their authority from the same source. Neither can, in relation to the other, be called primary, though one is definite and restricted, and the other general and residuary. The national government possesses those pow ers which it can be shown the people have conferred on it, and no more. All the rest belongs to the state governments, or to the people themselves. So far as the people have restrained state sovereignty by the expression of their will in the Constitution of the United States, so far, it must be admitted, state sover eignty is effectually controlled. I do not con tend that it is, or ought to be, controlled further. The sentiment to which I have re ferred propounds that state sovereignty is only to be controlled by its own "feeling of justice" ; that is to say, it is not to be controlled at all, for one who is to follow his own feelings is under no legal control. Now, however men may think this ought to be, the fact is, that the people of the United States have chosen to impose control on state sovereign ties. There are those, doubtless, who wish they had been left without restraint ; but the Constitution has ordered the matter different ly. To make war, for instance, is an exercise of sovereignty; but the Constitution declares 193 American that no state shall make war. To coin money is another exercise of sovereign power; but no state is at liberty to coin money. Again, the Constitution says that no sovereign state shall be so sovereign as to make a treaty. These prohibitions, it must be confessed, are a control on the state sovereignty of South Carolina, as well as of the other states, which does not arise "from her own feelings of honorable justice." The opinion referred to, therefore, is in defiance of the plainest pro visions of the Constitution. There are other proceedings of public bodies which have already been alluded to, and to which I refer again for the purpose of ascer taining more fully what is the length and breadth of that doctrine, denominated the Caro lina doctrine, which the honorable member has now stood up on this floor to maintain. In one of them I find it resolved that "the tariff of 1 828, and every other tariff designed to promote one branch of industry at the expense of others, is contrary to the meaning and intention of the federal compact; and such a dangerous, palpa ble, and deliberate usurpation of power, by a determined majority, wielding the general government beyond the limits of its delegated powers, as calls upon the states which com pose the suffering minority, in their sovereign capacity, to exercise the powers which, as sovereigns, necessarily devolve upon them, when their compact is violated." 194 Observe, sir, that this resolution holds the tariff of 1828, and every other tariff designed to promote one branch of industry at the ex pense of another, to be such a dangerous, palpable, and deliberate usurpation of power, as calls upon the states, in their sovereign capacity, to interfere by their own authority. This denunciation, Mr. President, you will please to observe, includes our old tariff of 1816, as well as all others; because that was established to promote the interest of the manufacturers of cotton, to the manifest and admitted injury of the Calcutta cotton trade. Observe, again, that all the qualifications are here rehearsed and charged upon the tariff, which are necessary to bring the case within the gentleman s proposition. The tariff is a usurpation; it is a dangerous usurpation; it is a palpable usurpation; it is a deliberate usur pation. It is such a usurpation, therefore, as calls upon the states to exercise their right of interference. Here is a case, then, within the gentleman s principles, and all his qualifications of his principles. It is a case for action. The Constitution is plainly, dangerously, palpably, and deliberately violated; and the states must interpose their own authority to arrest the law. Let us suppose the state of South Caro lina to express this same opinion by the voice of her legislature. That would be very impos ing; but what then? Is the voice of one state conclusive? It so happens that, at the very American moment when South Carolina resolves that the tariff laws are unconstitutional, Pennsylva nia and Kentucky resolve exactly the reverse. They hold those laws to be both highly proper and strictly constitutional. And now, sir, how does the honorable member propose to deal with this case ? How does he relieve us from this difficulty, upon any principle of his ? His construction gets us into it; how does he pro pose to get us out ? In Carolina, the tariff is a palpable, delib erate usurpation; Carolina, therefore, may nullify it, and refuse to pay the duties. In Pennsylvania, it is both clearly constitutional and highly expedient; and there the duties are to be paid. And yet we live under a govern ment of uniform laws, and under a Constitu tion, too, which contains an express provision, as it happens, that all duties shall be equal in all the states. Does not this approach absurdity ? If there be no power to settle such questions, independent of either of the states, is not the whole Union a rope of sand? Are we not thrown back again, precisely, upon the old Confederation ? It is too plain to be argued. Four-and- twenty interpreters of constitutional law, each with a power to decide for itself, and none with authority to bind anybody else, and this consti tutional law the only bond of their union! What is such a state of things but a mere con- 196 SDaniel nection during pleasure, or, to use the phrase ology of the times, during feeling? And that feeling, too, not the feeling of the people who established the Constitution, but the feeling of the state governments. In another of the South Carolina addresses, having premised that the crisis requires "all the concentrated energy of passion," an atti tude of open resistance to the laws of the Union is advised. Open resistance to the laws, then, is the constitutional remedy, the conser vative power of the state which the South Carolina doctrines teach for the redress of po litical evils, real or imaginary. And its authors further say, that, appealing with confidence to the Constitution itself to justify their opin ions, they cannot consent to try their accuracy by the courts of justice. In one sense, indeed, sir, this is assuming an attitude of open re sistance in favor of liberty. But what sort of liberty ? The liberty of establishing their own opinions in defiance of the opinions of all others; the liberty of judging and of deciding exclusively themselves in a matter in which others have as much right to judge and decide as they; the liberty of placing their own opin ions above the judgment of all others, above the laws, and above the Constitution. This is their liberty, and this is the fair result of the proposition contended for by the honorable gentleman. Or, it may be more properly said, it is identical with it, rather than a result from 197 American it. In the same publication we find the fol lowing: "Previously to our Revolution, when the arm of oppression was stretched over New England, where did our Northern brethren meet with a braver sympathy than that which sprung from the bosoms of Carolinians ? We had no extortion, no oppression, no collision with the king s ministers, no navigation interests springing up, in envious rivalry of England." This seems extraordinary language. South Carolina no collision with the king s ministers in 1775 ! No extortion! No oppression ! But, sir, it is also most significant language. Does any man doubt the purpose for which it was penned ? Can any one fail to see that it was designed to raise in the reader s mind the question, whether, af this time, that is to say, in 1828, South Carolina has any colli sion with the king s ministers, any oppression, or extortion, to fear from England ? Whether, in short, England is not as naturally the friend of South Carolina as New England, with her navigation interests springing up in envious rivalry of England ? Is it not strange, sir, that an intelligent man in South Carolina, in 1828, should thus labor to prove that, in 1775, there was no hostility, no cause of war, between South Carolina and England ? That she had no occasion, in refer ence to her own interest, or from a regard to her own welfare, to take up arms in the Revo lutionary contest ? Can any one account for 198 3DanieI Wtb&ttt the expression of such strange sentiments, and their circulation through the state, otherwise than by supposing the object to be what I have already intimated, to raise the question, if they had no * collision? (mark the expres sion) with the ministers of King George the Third, in 1/75, what collision have they, in 1828, with the ministers of King George the Fourth? What is there now in the existing state of things, to separate Carolina from Old, more, or rather, than from New England ? Resolutions, sir, have been recently passed by the legislature of South Carolina. I need not refer to them ; they go no farther than the honorable gentleman himself has gone, and I hope not so far. I content myself, therefore, with debating the matter with him. And now, sir, what I have first to say on this subject is, that at no time, and under no circumstances, has New England, or any state in New England, or any respectable body of persons in New England, or any public man of standing in New England, put forth such a doctrine as this Carolina doctrine. The gentleman has found no case, he can find none, to support his own opinions by New England authority. New England has studied the Constitution in other schools, and under other teachers. She looks upon it with other regards, and deems more highly and rev erently both of its just authority and its utility and excellence. The history of her legislative 199 American proceedings may be traced. The ephemeral effusions of temporary bodies, called together by the excitement of the occasion, may be hunted up; they have been hunted up. The opinions and votes of her public men, in and out of Congress, may be explored. It will be all in vain. The Carolina doctrine can derive from her neither countenance nor sup port. She rejects it now; she always did reject it; and till she loses her senses, she always will reject it. The honorable member has referred to expressions on the subject of the embargo law, made in this place, by an honorable and venerable gentleman, now fa voring us with his presence. He quotes that distinguished senator as saying, that in his judgment, the embargo law was unconstitu tional, and that, therefore, in his opinion, the people were not bound to obey it. That, sir, is perfectly constitutional language. An un constitutional law is not binding; but then it does not rest with a resolution or a law of a state legislature to decide whether an act of Congress be or be not constitutional. An un constitutional act of Congress would not bind the people of this district, although they have no legislature to interfere in their behalf; and, on the other hand, a constitutional law of Congress does bind the citizens of every state, although all their legislatures should under take to annul it by act or resolution. The venerable Connecticut senator is a constitu- 200 SDaniel tional lawyer, of sound principles and enlarged knowledge; a statesman practiced and experi enced, bred in the company of Washington, and holding just views upon the nature of our governments. He believed the embargo un constitutional, and so did others; but what then? Who did he suppose was to decide that question ? The state legislatures ? Cer tainly not. No such sentiment ever escaped his lips. Let us follow up, sir, this New England opposition to the embargo laws; let us trace it till we discern the principle which controlled and governed New England throughout the whole course of that opposition. We shall then see what similarity there is between the New England school of constitutional opin ions, and this modern Carolina school. The gentleman, I think, read a petition from some single individual addressed to the legislature of Massachusetts, asserting the Carolina doctrine; that is, the right of state interference to ar rest the laws of the Union. The fate of that petition shows the sentiment of the legislature. It met no favor. The opinions of Massachu setts were very different. They had been ex pressed in 1798, in answer to the resolutions of Virginia, and she did not depart from them, nor bend them to the times. Misgoverned, wronged, oppressed, as she felt herself to be, she still held fast her integrity to the Union. The gentleman may find in her proceedings 201 American much evidence of dissatisfaction with the measures of government, and great and deep dislike to the embargo; all this makes the case so much the stronger for her; for notwith standing all this dissatisfaction and dislike, she still claimed no right to sever the bonds of the Union. There was heat and there was anger in her political feeling. Be it so; but neither her heat nor her anger betrayed her into infidelity to the government. The gentle man labors to prove that she disliked the em bargo as much as South Carolina dislikes the tariff, and expressed her dislike as strongly. Be it so; but did she propose the Carolina remedy ? Did she threaten to interfere, by state authority, to annul the laws of the Union ? That is the question for the gentle man s consideration. No doubt, sir, a great majority of the peo ple of New England conscientiously believed the embargo law of 1807 unconstitutional; as conscientiously, certainly, as the people of South Carolina hold that opinion of the tariff. They reasoned thus: Congress has power to regulate commerce; but here is a law, they said, stopping all commerce, and stopping it indefinitely. The law is perpetual; that is, it is not limited in point of time, and must of course continue until it shall be repealed by some other law. It is as perpetual, therefore, as the law against treason or murder. Now, is this regulating commerce, or destroying- it ? 202 SDaniel Is it guiding, controlling, giving the rule to commerce, as a subsisting thing, or is it put ting an end to it altogether ? Nothing is more certain than that a majority in New England deemed this law a violation of the Constitution. The very case required by the gentleman to justify state interference had then arisen. Massachusetts believed this law to be "a delib erate, palpable, and dangerous exercise of a power not granted by the Constitution." De liberate it was, for it was long continued; pal pable she thought it, as no words in the Consti tution gave the power, and only a construction, in her opinion most violent, raised it; dan gerous it was, since it threatened utter ruin to her most important interests. Here, then, was a Carolina case. How did Massachusetts deal with it ? It was, as she thought, a plain, manifest, palpable violation of the Constitu tion, and it brought ruin to her doors. Thou sands of families, and hundreds of thousands of individuals, were beggared by it. While she saw and felt all this, she saw and felt also, that, as a measure of national policy, it was perfectly futile; that the country was in no way benefited by that which caused so much individual distress; that it was efficient only for the production of evil, and all that evil inflicted on ourselves. In such a case, under such circumstances, how did Massachusetts demean herself? Sir, she remonstrated, she memorialized, she addressed herself to the 203 3tmertcan general government, not exactly "with the concentrated energy of passion," but with her own strong sense, and the energy of sober conviction. But she did not interpose the arm of her own power to arrest the law and break the embargo. Far from it. Her prin ciples bound her to two things; and she fol lowed her principles, lead where they might. First, to submit to every constitutional law of Congress; and secondly, if the constitutional validity of the law be doubted, to refer that question to the decision of the proper tribu nals. The first principle is vain and ineffec tual without the second. A majority of us in New England believed the embargo law un constitutional; but the great question was, and always will be in such cases, Who is to decide this ? Who is to judge between the people and the government ? And, sir, it is quite plain that the Constitution of the United States confers on the government itself, to be exercised by its appropriate department, and under its own responsibility to the people, this power of deciding ultimately and conclusively upon the just extent of its own authority. If this had not been done, we should not have advanced a single step beyond the old Confed eration. Being fully of the opinion that the embargo law was unconstitutional, the people of New England were yet equally clear in the opinion (it was a matter they did doubt upon) that the 204 SDaniel question, after all, must be decided by the ju dicial tribunals of the United States. Before those tribunals, therefore, they brought the question. Under the provisions of the law, they had given bonds to millions in amount, and which were alleged to be forfeited. They suf fered the bonds to be sued, and thus raised the question. In the old-fashioned way of settling disputes, they went to law. The case came to hearing and solemn argument; and he who espoused their cause, and stood up for them against the validity of the embargo act, was none other than that great man of whom the gentleman has made honorable mention, Samuel Dexter. He was then, sir, in the full ness of his knowledge and the maturity of his strength. He had retired from long and dis tinguished public service here, to the renewed pursuit of professional duties, carrying with him all that enlargement and expansion, all the new strength and force, which an acquaintance with the more general subjects discussed in the national councils is capable of adding to professional attainment, in a mind of true great ness and comprehension. He was a lawyer, and he was also a statesman. He had studied the Constitution when he filled public station that he might defend it; he had examined its principles that he might maintain them. More than all men, or at least as much as any man, he was attached to the general government and to the union of the states. His feelings 205 American and opinions all ran in that direction. A ques tion of constitutional law, too, was, of all sub jects, that one which was best suited to his talents and learning. Aloof from technicality, and unfettered by artificial rule, such a ques tion gave opportunity for that deep and clear analysis, that mighty grasp of principle, which so much distinguished his higher efforts. His very statement was argument; his inference seemed demonstration. The earnestness of his own conviction wrought conviction in others. One was convinced, and believed, and assented, because it was gratifying, delightful to think and feel and believe in unison with an intellect of such evident superiority. Mr. Dexter, sir, such as I have described him, argued the New England cause. He put into his effort his whole heart as well as all the powers of his understanding; for he had avowed, in the most public manner, his entire concurrence with his neighbors on the point in dispute. He argued the cause; it was lost, and New England submitted. The established tribunals pronounced the law constitutional, and New England acquiesced. Now, sir, is not this the exact opposite of the doctrine of the gentleman from South Carolina? Accord ing to him, instead of referring to the judicial tribunals, we should have broken up the em bargo by laws of our own; we should have re pealed it, quoad New England; for we had a strong, palpable, and oppressive case. Sir, we 206 2DanieI believed the embargo unconstitutional; but still that was matter of opinion, and who was to de cide it ? We thought it a clear case ; but, never theless, we did not take the law into our own hands, because we did not wish to bring about a revolution, nor to break up the Union; for I maintain, that between submission to the deci sion of the constituted tribunals, and revolution or disunion, there is no middle ground; there is no ambiguous condition, half allegiance and half rebellion. And, sir, how futile, how very futile it is, to admit the right of state interference, and then attempt to save it from the character of unlawful resistance, by adding terms of qual ification to the causes and occasions, leaving all these qualifications, like the case itself, in the discretion of the state governments. It must be a clear case, it is said, a deliberate case, a palpable case, a dangerous case. But then the state is still left at liberty to decide for herself what is clear, what is deliberate, what is palpable, what is dangerous. Do adjectives and epithets avail anything? Sir, the human mind is so constituted that the merits of both sides of a controversy appear very clear and very palpable to those who respectively espouse them; and both sides usu ally grow clearer as the controversy advances. South Carolina sees unconstitutionality in the tariff; she sees oppression there also, and she sees danger. Pennsylvania, with a vision not less sharp, looks at the same tariff, and sees 207 American no such thing in it; she sees it all constitu tional, all useful, all safe. The faith of South Carolina is strengthened by opposition, and she now not only sees but resolves that the tariff is palpably unconstitutional, oppressive, and dangerous; but Pennsylvania, not to be behind her neighbors, and equally willing to strengthen her own faith by a confident asseveration, resolves, also, and gives to every warm affirm ative of South Carolina, a plain, downright, Pennsylvania negative. South Carolina, to show the strength and unity of her opinion, brings her assembly to a unanimity, within seven voices; Pennsylvania, not to be outdone in this respect any more than in others, reduces her dissentient fraction to a single vote. Now, sir, again, I ask the gentleman, what is to be done? Are these states both right? Is he bound to consider them both right ? If not, which is in the wrong ? Or rather, which has the best right to decide ? And if he, and if I, are not to know what the Constitution means, and what it is, till those two state legislatures, and the twenty-two others, shall agree in its construction, what have we sworn to when we have sworn to maintain it? I was forcibly struck, sir, with one reflection, as the gentle man went on in his speech. He quoted Mr. Madison s resolutions to prove that a state may interfere, in a case of deliberate, palpable, and dangerous exercise of a power not granted. The honorable member supposes the tariff law 208 Daniel to be such an exercise of power; and that consequently a case has arisen in which the state may, if it see fit, interfere by its own law. Now it so happens, nevertheless, that Mr. Madison deems this same tariff law quite con stitutional. Instead of a clear and palpable violation, it is, in his judgment, no violation at all. So that, while they use his authority for a hypothetical case, they reject it in the very case before them. All this, sir, shows the in herent futility I had almost used a stronger word of conceding this power of interference to the state, and then attempting to secure it from abuse by imposing qualifications of which the states themselves are to judge. One of the two things is true: either the laws of the Union are beyond the discretion and be yond the control of the states, or else we have no constitution of general government, and are thrust back again to the days of the Confederation. Let me here say, sir, that if the gentleman s doctrine had been received and acted upon in New England, in the times of the embargo and non-intercourse, we should probably not now have been here. The government would very likely have gone to pieces, and crumbled into dust. No stronger case can ever arise than existed under those laws; no states can ever entertain a clearer conviction than the New England states then entertained; and if they had been under the influence of that 209 American heresy of opinion, as I must call it, which the honorable member espouses, this Union would in all probability have been scattered to the four winds. I ask the gentleman, therefore, to apply his principles to that case; I ask him to come forth and declare, whether, in his opinion, the New England states would have been justified in interfering to break up the embargo system under the conscientious opin ions which they held upon it. Had they a right to annul that law? Does he admit or deny ? If what is thought palpably unconsti tutional in South Carolina justifies that state in arresting the progress of the law, tell me whether that which was thought palpably unconstitutional also in Massachusetts would have justified her in doing the same thing? Sir, I deny the whole doctrine. It has not a foot of ground in the Constitution to stand on. No public man of reputation ever advanced it in Massachusetts in the warmest times, or could maintain himself upon it there at any time. I wish now, sir, to make a remark upon the Virginia resolutions of 1798. I cannot under take to say how these resolutions were under stood by those who passed them. Their language is not a little indefinite. In the case of the exercise by Congress of a dangerous power not granted to them, the resolutions assert the right on the part of the state to interfere and arrest the progress of the evil. 210 SDaniel This is susceptible of more than one interpre tation. It may mean no more than that the states may interfere by complaint and re monstrance, or by proposing to the people an alteration of the Federal Constitution. This would all be quite unobjectionable. Or it may be that no more is meant than to assert the general right of revolution, as against all governments, in cases of intolerable oppres sion. This no one doubts, and this, in my opinion, is all that he who framed the reso lutions could have meant by it; for I shall not readily believe that he was ever of opinion that a state, under the Constitution and in conformity with it, could, upon the ground of her own opinion of its unconstitutionality, however clear and palpable she might think the case, annul a law of Congress, so far as it should operate on herself, by her own legis lative power. I must now beg to ask, sir, whence is this supposed right of the states derived ? Where do they find the power to interfere with the laws of the Union? Sir, the opinion which the honorable gentleman maintains is a notion founded in a tqtal misapprehension, in my judgment, of the origin of this government, and of the foundation on which it stands. I hold it to be a popular government erected by the people; those who administer it responsible to the people; and itself capable of being amended and modified, just as the people may 211 American choose it should be. It is as popular, just as truly emanating from the people, as the state governments. It is created for one purpose ; the state governments for another. It has its own powers; they have theirs. There is no more authority with them to arrest the operation of a law of Congress, than with Congress to arrest the operation of their laws. We are here to administer a Constitu tion emanating immediately from the people, and trusted by them to our administration. It is not the creature of the state govern ments. It is of no moment to the argument, that certain acts of the state legislatures are necessary to fill our seats in this body. That is not one of their original state powers, a part of the sovereignty of the state. It is a duty which the people, by the Constitution itself, have imposed on the state legislatures; and which they might have left to be per formed elsewhere, if they had seen fit. So they have left the choice of President with electors; but all this does not affect the propo sition that this whole government, President, Senate, and House of Representatives, is a popular government. It leaves it still all its popular character. The governor of a state (in some of the states) is chosen, not directly by the people, but by those who are chosen by the people, for the purpose of performing, among other duties, that of electing a gov ernor. Is the government of the state, on that 212 SDaniel account, not a popular government? This government, sir, is the independent offspring of the popular will. It is not the creature of state legislatures; nay, more, if the whole truth must be told, the people brought it into existence, established it, and have hitherto supported it, for the very purpose, amongst others, of imposing certain salutary restraints on state sovereignties. The states cannot now make war; they cannot contract alliances; they cannot make, each for itself, separate regulations of commerce; they cannot lay imposts; they cannot coin money. If this Constitution, sir, be the creature of state legislatures, it must B be admitted that it has obtained a strange control over the volitions of its creators. The people, then, sir, erected this govern ment. They gave it a constitution, and in that constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exercise of such powers as are granted; and all others, they declare, are re served to the states or the people. But, sir, they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear as to avoid possibility of doubt; no limitation so precise as to exclude all uncertainty. Who, then, shall construe this grant of the people? 213 American Who shall interpret their will, where it may be supposed they have left it doubtful? With whom do they repose this ultimate right of deciding on the powers of the government ? Sir, they have settled all this in the fullest manner. They have left it with the govern ment itself, in its appropriate branches. Sir, the very chief end, the main design, for which the whole Constitution was framed and adopted, was to establish a government that should not be obliged to act through state agency, or depend on state opinion and state discretion. The people had had quite enough of that kind of government under the Con federation. Under that system, the legal action, the application of law to individuals, belonged exclusively to the states. Congress could only recommend; their acts were not of binding force till the states had adopted and sanctioned them. Are we in that condition still? Are we yet at the mercy of state dis cretion and state construction ? Sir, if we are, then vain will be our attempt to maintain the Constitution under which we sit. But, sir, the people have wisely provided, in the Constitution itself, a proper, suitable mode and tribunal for settling questions of con stitutional law. There are in the Constitution grants of powers to Congress, and restrictions on these powers. There are, also, prohibitions on the states. Some authority must, therefore, necessarily exist, having the ultimate jurisdic- 214 2DanieI tion to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The Constitution has itself pointed out, or dained, and established that authority. How has it accomplished this great and essential end ? By declaring, sir, that "the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding ." This, sir, was the first great step. By this the supremacy of the Constitution and laws of the United States is declared. The people so will it. No state law is to be valid which comes in conflict with the Constitution, or any law of the United States passed in pursuance of it. But who shall decide this question of interference? To, whom lies the last appeal? This, sir, the Constitution itself decides also, by declaring "that the judicial power shall ex tend to all cases arising under the Constitution and laws of the United States." These two provisions cover the whole ground. They are, in truth, the keystone of the arch ! With these it is a government; without them it is a confederation. In pursuance of these clear and express provisions, Congress established, at its very first session, in the judicial act, a mode for carrying them into full effect, and for bringing all questions of constitutional power to the final decision of the Supreme Court. It then, sir, became a government. 215 jftemorafcle American It then had the means of self-protection; and but for this, it would, in all probability, have been now among things which are past. Having constituted the government, and de clared its powers, the people have further said, that, since somebody must decide on the extent of these powers, the government shall itself decide; subject, always, like other popu lar governments, to its responsibility to the people. And now, sir, I repeat, how is it that a state legislature acquires any power to interfere? Who, or what, gives them the right to say to the people, "We, who are your agents and servants for one purpose, will undertake to decide that your other agents and servants, appointed by you for another purpose, have transcended the authority you gave them?" The reply would be, I think, not impertinent: "Who made you a judge over another s servants ? To their own master they stand or fall." Sir, I deny this power of state legislatures altogether. It cannot stand the test of exam ination. Gentlemen may say that in an ex treme case a state government might protect the people from intolerable oppression. Sir, in such a case the people might protect them selves without the aid of the state govern ments. Such a case warrants revolution. It must make, when it comes, a law for itself. A nullifying act of a state legislature cannot alter the case, nor make resistance any more 216 SDaniel lawful. In maintaining these sentiments, sir, I am but asserting the rights of the people. I state what they have declared, and insist on their right to declare it. They have chosen to repose this power in the general govern ment, and I think it my duty to support it, like other constitutional powers. For myself, sir, I do not admit the compe tency of South Carolina, or any other state, to prescribe my constitutional duty; or to settle, between me and the people, the validity of laws of Congress for which I have voted. I decline her umpirage. I have not sworn to support the Constitution according to her con struction of its clauses. I have not stipulated, by my oath of office or otherwise, to come under any responsibility, except to the people, and those whom they have appointed to pass upon the question, whether laws, supported by my votes, conform to the Constitution of the country. And, sir, if we look to the general nature of the case, could anything have been more preposterous than to make a government for the whole Union, and yet leave its powers subject, not to one interpretation, but to thir teen or twenty- four interpretations? Instead of one tribunal, established by all, responsible to all, with power to decide for all, shall con stitutional questions be left to four-and-twen- ty popular bodies, each at liberty to decide for itself, and none bound to respect the decisions of others, and each at liberty, too, to give a 217 American new construction on every new election of its own members ? Would anything, with such a principle in it, or rather with such a destitution of all principle, be fit to be called a govern ment ? No, sir. It should not be denominat ed a Constitution. It should be called, rather, a collection of topics for everlasting con troversy; heads of debate for a disputatious people. It would not be a government. It would not be adequate to any practical good, or fit for any country to live under. To avoid all possibility of being misunder stood, allow me to repeat again, in the fullest manner, that I claim no powers for the gov ernment by forced or unfair construction. I admit that it is a government of strictly limited powers ; of enumerated, specified, and partic ularized powers ; and that whatsoever is not granted is withheld. But notwithstanding all this, and however the grant of powers may be expressed, its limit and extent may yet, in some cases, admit of doubt ; and the general government would be good for nothing, it would be incapable of long existing, if some mode had not been provided in which those doubts, as they should arise, might be peace ably but authoritatively solved. And now, Mr. President, let me run the honorable gentleman s doctrine a little into its practical application. Let us look at his prob able modus operandi. If a thing can be done, an ingenious man can tell how it is to be done, 218 SDaniel and I wish to be informed how this state inter ference is to be put in practice, without vio lence, bloodshed, and rebellion. We will take the existing case of the tariff law. South Carolina is said to have made up her opinion upon it. If we do not repeal it (as we prob ably shall not), she will then apply to the case the remedy of her doctrine. She will, we must suppose, pass a law of her legislature, declaring the several acts of Congress, usually called the tariff laws, null and void, so far as they respect South Carolina or the citizens thereof. So far, all is a paper transaction, and easy enough. But the collector at Charleston is collecting the duties imposed by these tariff laws. He, therefore, must be stopped. The collector will seize the goods if the tariff duties are not paid. The state authorities will undertake their rescue, the marshal, with his posse, will come to the collector s aid, and here the contest begins. The militia of the state will be called out to sustain the nullify ing act. They will march, sir, under a very gallant leader; for I believe the honorable member himself commands the militia of that part of the state. He will raise the Nulli fying Act on his standard, and spread it out as his banner ! It will have a preamble, setting forth that the tariff laws are palpable, deliberate, and dangerous violations of the Constitution! He will proceed, with this ban ner flying, to the custom-house in Charleston, 219 jftemorafile American "All the while Sonorous metal blowing martial sounds." Arrived at the custom-house, he will tell the collector that he must collect no more duties under any of the tariff laws. This he will be somewhat puzzled to say, by the way, with a grave countenance, considering what hand South Carolina herself had in that of 1816. But, sir, the collector would not, probably, desist at his bidding. He would show him the law of Congress, the treasury instruction, and his own oath of office. He would say he should perform his duty, come what come might. Here would ensue a pause, for they say that a certain stillness precedes the tempest. The trumpeter would hold his breath a while, and before all this military array should fall on the custom-house collector, clerks, and all it is very probable some of those composing it would request of their gallant commander- in-chief to be informed a little upon the point of law; for they have, doubtless, a just respect for his opinions as a lawyer, as well as for his bravery as a soldier. They know he has read Blackstone and the Constitution, as well as Turenne and Vauban. They would ask him, therefore, something concerning their rights in this matter. They would inquire whether it was not somewhat dangerous to resist a law of the United States. What would be the nature of their offence, they would wish to 220 SDaniel learn, if they, by military force and array, resisted the execution in Carolina of a law of the United States, and it should turn out, after all, that the law was constitutional ? He would answer, of course, Treason. No lawyer could give any other answer. John Fries, he would tell them, had learned that some years ago. How, then, they would ask, do you propose to defend us ? We are not afraid of bullets, but treason has a way of taking people off that we do not much relish. How do you propose to defend us ? " Look at my floating banner," he would reply; "see there the nullifying law!" Is it your opinion, gallant commander, they would then say, that, if we should be in dicted for treason, that same floating banner of yours would make a good plea in bar? " South Carolina is a sovereign state," he would reply. That is true; but would the judge admit our plea ? " These tariff laws," he would repeat, "are unconstitutional, palpably, delib erately, dangerously." That may all be so; but if the tribunal should not happen to be of that opinion, shall we swing for it ? We are ready to die for our country, but it is rather an awkward business, this dying without touch ing the ground ! After all, that is a sort of hemp tax worse than any part of the tariff. Mr. President, the honorable gentleman would be in a dilemma like that of another great general. He would have a knot before him which he could not untie. He must cut it 221 American with his sword. He must say to his followers, "Defend yourselves with your bayonets"; and this is war, civil war. Direct collision, therefore, between force and force is the unavoidable result of that remedy for the revision of unconstitutional laws which the gentleman contends for. It must happen in the very first case to which it is applied. Is not this the plain result ? To resist by force the execution of a law, gener ally, is treason. Can the courts of the United States take notice of the indulgence of a state to commit treason ? The common saying that a state cannot commit treason herself is noth ing to the purpose. Can she authorize others to do it ? If John Fries had produced an act of Pennsylvania, annulling the law of Congress, would it have helped his case ? Talk about it as we will, these doctrines go the length of revolution. They are incompatible with any peaceable administration of the government. They lead directly to disunion and civil com motion; and therefore it is, that at their com mencement, when they are first found to be maintained by respectable men, and in a tan gible form, I enter my public protest against them all. The honorable gentleman argues, that, if this government be the sole judge of the extent of its own powers, whether that right of judg ing be in Congress or the Supreme Court, it equally subverts state sovereignty. This the 222 SDaniel gentleman sees, or thinks he sees, although he cannot perceive how the right of judging, in this matter, if left to the exercise of state legislatures, has any tendency to subvert the government of the Union. The gentleman s opinion may be that the right ought not to have been lodged with the general govern ment; he may like better such a constitution as we should have under the right of state interference; but I ask him to meet me on the plain matter of fact. I ask him to meet me on the Constitution itself. I ask him if the power is not found there, clearly and visibly found there. But, sir, what is this danger, and what are the grounds of it? Let it be remembered that the Constitution of the United States is not un alterable. It is to continue in its present form no longer than the people who established it shall choose to continue it. If they shall become convinced that they have made an injudicious or inexpedient partition and distri bution of power between the state govern ments and the general government, they can alter that distribution at will. If anything be found in the national Con stitution, either by original provision or sub sequent interpretation, which ought not to be in it, the people know how to get rid of it. If any construction, unacceptable to them, be estab lished so as to become practically a part of the Constitution, they will amend it at their own 223 American sovereign pleasure. But while the people choose to maintain it as it is, while they are sat isfied with it, and refuse to change it, who has given, or who can give, to the state legislatures a right to alter it, either by interference, con struction, or otherwise? Gentlemen do not seem to recollect that the people have any power to do anything for themselves. They imagine there is no safety for them any longer than they are under the close guardianship of the state legislatures. Sir, the people have not trusted their safety in regard to the general Constitution to these hands. They have required other security, and taken other bonds. They have chosen to trust themselves, first, to the plain words of the instrument, and to such construction as the government them selves, in doubtful cases, should put on their own powers, under their oaths of office, and subject to their responsibility to them; just as the people of a state trust their own state governments with a similar power. Secondly, they have reposed their trust in the efficacy of frequent elections, and in their own power to remove their own servants and agents when ever they see cause. Thirdly, they have re posed trust in the judicial power, which, in order that it might be trustworthy, they have made as respectable, as disinterested, and as independent as was practicable. Fourthly, they have seen fit to rely, in case of necessity, or high expediency, on their known and admit- 224 SDaniei Wtbgttt ted power to alter or amend the Constitution peaceably and quietly, whenever experience shall point out defects or imperfections. And, finally, the people of the United States have at no time, in no way, directly or indirectly, au thorized any state legislature to construe or interpret their high instrument of government, much less to interfere, by their own power, to arrest its course and operation. If, sir, the people in these respects had done otherwise than they have done, their Constitution could neither have been preserved, nor would it have been worth preserving. And if its plain provisions shall now be disre garded, and these new doctrines interpolated in it, it will become as feeble and helpless a being as its enemies, whether early or more re cent, could possibly desire. It will exist in every state but as a poor dependent on state per mission. It must borrow leave to be; and will be no longer than state pleasure, or state dis cretion, sees fit to grant the indulgence, and to prolong its poor existence. But, sir, although there are fears, there are hopes also. The people have preserved this, their own chosen Constitution, for forty years, and have seen their happiness, prosperity, and renown grow with its growth, and strengthen with its strength. They are now, generally, strongly attached to it. Overthrown by direct assault, it cannot be evaded, undermined, nulli fied, it will not be ; if we and those who shall 225 Jftemorafile American succeed us here as agents and representatives of the people shall conscientiously and vigi lantly discharge the two great branches of our public trust, faithfully to preserve, and wisely to administer it. Mr. President, I have thus stated the reasons of my dissent to the doctrines which have been advanced and maintained. I am conscious of having detained you and the Senate much too long. I was drawn into the debate with no previous deliberation, such as is suited to the discussion of so grave and important a subject. But it is a subject of which my heart is full, and I have not been willing to suppress the utter ance of its spontaneous sentiments. I cannot even now persuade myself to relinquish it with out expressing once more my deep conviction, that, since it respects nothing less than the union of the states, it is of most vital and essential importance to the public happiness. I profess, sir, in my career hitherto, to have kept steadily in view the prosperity and honor of the whole country, and the preservation of our Federal Union. It is to that Union we owe our safety at home, and our consid eration and dignity abroad. It is to that Union that we are chiefly indebted for whatever makes us most proud of our country. That Union we reached only by the discipline of our virtues in the severe school of adversity. It had its origin in the necessities of disor dered finance, prostrate commerce, and ruined 226 SDaniel credit. Under its benign influences, these great interests immediately awoke, as from the dead, and sprang forth with newness of life. Every year of its duration has teemed with fresh proofs of its utility and its blessings; and although our territories have stretched out wider and wider, and our population spread farther and farther, they have not outrun its protection or its benefits. It has been to us all a copious fountain of national, social, and personal happiness. I have not allowed myself, sir, to look be yond the Union, to see what might lie hidden in the dark recess behind. I have not coolly weighed the chances of preserving liberty when the bonds that unite us together shall be broken asunder. I have not accustomed myself to hang over the precipice of disunion, to see whether, with my short sight, I can fathom the depth of the abyss below; nor could I regard him as a safe counselor in the affairs of this government, whose thoughts should be mainly bent on considering, not how the Union may be best preserved, but how toler able might be the condition of the people when it should be broken up and destroyed. While the Union lasts, we have high, exciting, grati fying prospects spread out before us, for us and our children. Beyond that I seek not to penetrate the veil. God grant that, in my day at least, that curtain may not rise ! God grant that on my vision never may be opened what 227 American lies behind ! When my eyes shall be turned to behold for the last time the sun in heaven, may I not see him shining on the broken and dishonored fragments of a once glorious union; on states dissevered, discordant, bel ligerent; on a land rent with civil feuds, or drenched, it may be, in fraternal blood ! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in original luster, not a stripe erased or polluted, nor a single star obscured, bear ing for its motto no such miserable interrog atory as "What is all this worth? " nor those other words of delusion and folly, " Liberty first and Union afterwards"; but everywhere, spread all over in characters of living light, blazing on all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every true American heart, Liberty and Union, now and forever, one and inseparable. 228 Notes Jl-Joteg Page 73. GEORGE WASHINGTON. A few days before the appearance of this highly interesting document in print, I received a message from the President, by his private secretary, Colonel Lear, signifying his desire to see me. I waited on him at the appointed time, and found him sitting alone in the drawing-room. He received me very kindly, and after paying my respects to him, desired me to take a seat near him; then addressing himself to me, said that he had for some time contemplated withdrawing from public life, and had at length concluded to do so at the end of the [then] present term; that he had some thoughts and reflections on the occasion, which he deemed proper to com municate to the people of the United States, and which he wished to appear in the Daily Advertiser^ of which I was proprietor and editor. He paused, and I took occasion to thank him for having select ed that paper as the channel of communication to the public, especially as I viewed this choice as an evidence of his approbation of the principles and manner in which the work was conducted. He si lently assented, and asked me when I could make the publication. I answered that the time should be made perfectly convenient to himself, and the fol lowing Monday was fixed on; he then said that his secretary would deliver me the copy on the next morning [Friday], and I withdrew. After the proof sheet had been carefully compared with the copy and corrected by myself, I carried two different re vises to be examined by the President, who made but few alterations from the original, except in the punctuation, in which he was very minute. The publication of the address bearing the same date with the paper, September 19, 1796, being com pleted, I waited on the President with the original, 231 and in presenting it to him, expressed how much I should be gratified by being permitted to retain it ; upon which, in the most obliging manner, he handed it back to me, saying that if I wished for it, I might keep it; and I took my leave. Claypoolc s Statement. The address has been printed from the original MS. by James Lenox (1850), and I have followed that imprint. It was from the newspaper that a secretary transcribed it into the President s letter- book, and Sparks also followed the newspaper ver sion. The original MS. is in the Lenox Library, New York. The Hamilton drafts are in the De partment of State, Washington. Horace Binney made a full "Inquiry into the Formation of Wash ington s Farewell Address " (1859). No other politi cal paper by an American has been reprinted so many times, and the address has become a classic. Writings of George Washington, collected and edited by W.C.Ford, vol. 13, pp. 277-279. Adams reports that, when the address was read in the House of Representatives, there were tears in the eyes of nearly all present, with the exception of Washington himself. Pagtji.JoHN RANDOLPH. Whatever doubt may exist as to whether Mr. Randolph was a great man, a consistent statesman, a profound thinker, a logical debater, there can be none as to his being a great orator. BOULDIN: Some Reminiscences of John Randolph, p. 232. Mr. Randolph was an orator proper. He pos sessed the faculty of producing an instantaneous and powerful effect upon his auditors; and his speeches lose half their charm when they appear in print. BOULDIN, p. 234. This speech is not a complete evidence of his oratorical powers. There we read the strategic plans of the author; are enabled to conceive of his wonderful facility in gathering materials for crush- 232 ing the feelings of his adversaries; behold the dread ful weapons he employed; but the action is wanting. We cannot witness the running through with the long bony finger, the rage of his eyes, which flashed from side to side, nor the awful contractions of the muscles of his face. We cannot tell how he bore himself upon the field of battle, when the cry was "Delenda est Carthago," nor how the victims of his displeasure writhed and agonized with pain. BOULDIN. p. 236. Page 67. HENRY CLAY. The public feeling ot wrath and indignation steadily rose toward France, and still more toward Eng land. In the new Congress, which met in De cember, 1811, Henry Clay of Kentucky was chosen Speaker of the House; he organized it with a view to war, and made young John C. Calhoun of South Carolina chairman of the Committee on Military Affairs. The West had no patience with the tim idity of the shipowners, for to the frontiersman nothing seemed easier than to conquer Canada, and, as Clay said, " negotiate the terms of a peace at Quebec or Halifax." The country was then pros perous ; manufactures were springing up, and nearly $200,000,000 worth of goods were made in the country in a single year. But Congress did not consider that the national revenues were falling off; that the army numbered only 7,000 men; and that there were no good roads to the Canadian frontier. Even President Madison could not stand the pres sure for war, and war was formally declared against Great Britain June 18, 1812, though it was pointed out in Congress that we ought to fight France also. The official reasons for the war were as follows: (l) the insolence of the British cruisers on the coast; (2) the capture of over 900 American vessels since I 8o3; (3) blockades and other unrighteous practices under the British Orders in Council; (4) the stirring up of Indian hostilities; (5) impressment. An apol- 233 ogy had been made for the Chesapeake affair; at the last moment the British partly withdrew the offen sive Orders; and we now know that it was an error to suppose that the British instigated the Indian wars. Nevertheless, two substantial grievances re mained: the capture of our merchantmen; and the impressment of about 4,000 seamen, of whom many were still prisoners on British cruisers. HART: Essentials in American History, pp. 279, 280. Mr. Clay s chief attention was directed to the oppo nents of the war. . . . If we consider the position of the country and the position of Mr. Clay himself, it can hardly be denied that he displayed on this occa sion the greatest vigor of his character. He had two single aims, one to silence the opposition, and the other to reanimate the country for a vigorous prosecution of the war to an honorable peace. Canada was the vulnerable point of the enemy, and Canada must be taken though it never was taken. With the exception of the defense of New Orleans, by General Jackson, on the 8th of January, 1815, our naval victories on the lakes and on the ocean were the most brilliant achievements of the war. Works of Henry Clay , edited by Calvin Cotton, vol. 6, P. 53- Page 107 . DANIEL WEBSTER. The third attempt to form an organic union was now successfully carried out. The irregular author ity of the Continental Congress had been replaced by the legal but inefficient Confederation; to this was now to succeed an organized government, com plete in all its departments, and well endowed with powers. How had this Constitution been adopted? What was the authority which had taken upon itself to diminish the powers of the states, and to disre gard the clauses which required unanimous consent to amendments? Was the new Constitution an agreement between eleven states, or was it an instru ment of government for the whole people? Upon 234 jfeoteg this question depends the whole discussion about the nature of the Union and the right of secession. The first theory is, that the Constitution was a compact made between sovereign states. Thus Hayne, in 1830, declared that " before the Constitu tion each state was an independent sovereignty, pos sessing all the rights and powers appertaining to independent nations. . . . After the Constitution was formed, they remained equally sovereign and inde pendent as to all powers not expressly delegated to the federal government. . . . The true nature of the federal Constitution, therefore, is ... a compact to which the states are parties. The importance of the word "compact" is that it means an agree ment which loses its force when any one of the parties ceases to observe it ; a compact is little more than a treaty. Those who framed the Constitution appeared to consider it no compact; for on May 30, 1787, they voted that "no treaty or treaties among the whole or part of the states, as separate sover eignties, would be sufficient." In fact, the reason for the violent opposition to the ratification of the Constitution was that when once ratified the states could not withdraw from it. Another view is presented by Webster in his reply to Hayne: "It is, sir, the people s Constitution, the people s government, made for the people, made by the people, and answerable to the people. The peo ple of the United States have declared that this Constitution shall be the supreme law." It is plain that the Constitution does not rest simply upon the consent of the majority of the nation. No popular vote was taken or thought of; each act of ratification set forth that it proceeded from a convention of the people of a state. The real nature of the new Constitution appears in the light of the previous history of the country. The Articles of Confederation had been a compact. One of the principal reasons why the Confederation was weak was that there was no way of compelling 235 the states to perform their duties. The new Con stitution was meant to be stronger and more perma nent. The Constitution was, then, not a compact, but an instrument of government similar in its origin to the constitutions of the states. The difference was that, by general agreement, it was not to take effect until it was shown that in at least nine states the people were willing to live under it. Whatever the defects of the Confederation, however humiliat ing its weakness to our national pride, it had per formed an indispensable service : it had educated the American people to the point where they were will ing to accept a permanent federal union. As the " Federalist " put it, "A nation without a national government is an awful spectacle." HART : Forma tion of the Union, 1750-1829, pp. 133-135. " This resolution was, in itself, but a simple pro posed inquiry into the expediency of a temporary suspension of the sales of the public lands, and as such inquiry presented but a narrow field of dis cussion and but transient topics of debate. But it was soon made to take another turn, and to develop a topic of great and abiding interest, the doc trine of nullification ! and its sequence, the dissolu tion of the Union at the will of any one state. Mr. Webster and Mr. Hayne (with whom it began) were the prominent speakers on this new and startling topic ; and what was said upon it by themselves and others is all that retains a surviving interest at this day, or gave celebrity to the debate at the time, and is the only part of it which comes within the scope of this abridgment. Mr. Hayne, in opposing Mr. Foot s resolution, took occasion to go into the con sideration of the future disposition of the public lands, suggesting their transfer on easy terms to the new states in which they lie, and for the benefit of settlers and cultivators, and deprecating their sale for money, either to accumulate in the treasury, or to be divided among the states, as leading to cor ruption and consolidation. Mr. Webster, in reply, 236 took up this point in Mr. Hayne s speech, and ar gued that consolidation was not the danger which threatened these states, but the contrary dis union! and referred to language and proceedings in South Carolina, uncivic in their import, and tending to this dire extremity. With equal deco rum and justice, (for there was nothing to impli cate Mr. Hayne in any of this language or conduct), Mr. Webster formally exonerated him from all complicity in the supposed design. But he impli cated others, and that quite distinctly, friends of Mr. Hayne, some of whom were absent, and uncon scious of what was said; and one of whom was pres ent, and bound to hear all that was said, and to be silent, his position forbidding him to engage in senatorial discussion (Mr. Calhoun, Vice-President of the United States, and President of the Senate). The generous spirit of Mr. Hayne came to the defense of friends who could not speak for them selves. He spoke for them; and that brought on the great debate on nullification and disunion, of such absorbing interest at the time, and to which subsequent events have lent a great additional em phasis. Abridgment of the Debates of Congress^ from 1789 to 1856, vol. 10, pp. 418, 419. 237 TTSF I