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uniform throughout the country. JIe knows
that we cannot havo One rule or one' law for
South Carolina, and another for other states,
ilc must see therefore, anddoes see, every
man sees, that-the- only alternative is a repeal
/of.the laws; throughout the whole Union, or
•their execution in Carolina well as elsewhere.
And this repeal is demanded because a single
state interposes her veto, and threatens res-
sistance ! The result of. the gentleman’s
opinions, or rather the very text of his doc-
trine, is that no act of Congress can bind all
the iStatcs, the constitutionality of which is
not admitted by all; or in other words that no
single state is bound, against its own dissent,
by a law of imposts. • Tins is precisely the
evil experienced under the old confederation,
and for remedy of which this constitution was
adopted. '
The leading object in establishing this Gov.
ernment, on object forced on the country By
the condition of the times, and the absolute
necessity of the law, was to g jve to Congress
power to lay and collect imposts without the
consent of particular L-tides. The revolution
ary debt remained unpaid ;• the national trea
sury was bankrupt; the country was destitute
of credit; Congress issued its requisitions on
the states, and the states neglected them;
there was no power of coercion but war;
Congress could not lay imposts, or other tax.
cs, by its own authority; the whole General
Government, therefore, was little more than
-a name. The articles of confederation, as
to purposes of revenue and finance, were
nearly a dead letter. The country sought
to escape from this condition, at once feeble
and disgraceful, by constituting a Government
which should have power of itself to lay du
ties and taxes, and to pay the public debt, and
provide for the general welfare; and to lay
these duties and taxes in all the states, with-
out asking the consent of the State Govern-
mauls. This was the very power, on which
the new constitution was to depend for all its
ability'to do pood; and without it, it can be
up Government, cow r.- at any time. Yet,
sir, it is precisely, ug.insi this power, so abso
lutely indispensable to the ver • being of the
Government, that South Car lina directs her
_ Ordinance. S4c attacks the Government in
the very main
spring Qi'.the,wfy4e system; and, if she suc-
. ceed, every movement of that system must
inevitably, cease. It is of no avail that she de
clares that sbe does npt resist the law os a
revenue,law, buif aqalaw for protecting man
ufactures. It is a revenue law ; it is the ve
ry law by force of which the revenue is col
lected ; if it be arrested in any state, the rcy.
enue ceases in that state; it is ia a word the
sole reliance of the Government for the
means of maintaining, itself and performing
its duties.
"Mr. President, the alleged right of a Stale
to decide constitutional questions for herself,
•icctssarily leads to force, because oilier
States mu: t have the same right, and because
different States will decide differently ; and,
when these questions arise between States,
if there be no superior power, they can be
decided only by the law of force. On enter
ing into the Union the people of each State
gave up a pail of their own power, to malic
laws for themselves, in consideration that, as
to common objects, they should have a part
in making laws for other States. In other
words, the people of all the States agreed to
create a common Government to be conduc
ted by common councils. Pennsylvania, for
example, yielded the right of lay iag imposts
inker own ports, ia consideration that the
new Government in which she was to have a
share, should possess the power of laying im
posts in all the States. If South Carolina
now refuses to submit to this power, she
breaks the condition on which other States
entered into the Union. She partakes of tho
common councils, and therein assists to bind
others, while she refuses to be bound herself.
I( mokes no. difference' in the case whether
she does all this without reason or pretext, or
whether she sets up as a reason that, that in
her judgment, the acts complained of arc un
constitutional. In the judgment of other
States, they are not so. It is nothing to them
that she offers some reason or some apology
for her conduct, if it be one which they do
not admit. . It is not to be expected that any
state will violate her duty without some plan.
*ib!e pretext. That would be too rash a do.
ccof the opimon of mankind. But, if it
-e a pretext which lies ia her .own breast—
it he no more than an opinion which she
a ys she haq formed, how can other states be
♦asiisded with this ? How can they- allow her
to be judge of her ow.i obligations ? Or, if
s' s may judge of her obligations, may they
:.oi judge of their rights also ? May not the
twenty-threo entertain' an opinion as well as
tlvj twenty-fourth ? And, if it be their right,
in their own opinion, os expressed in the com
mon council, to enforce the law against her,
how is she to say that her right and her opui
ion, are to be every thiug, and their right and
their cpinjon nothing ?
Mr. President, if we are to receive the con
stitution as hie text, and then to lay down, i.i
its margin, the contradictory commentaries
which have been, and which may be made by
different States, the whole page yould be a
polyglot iadeed. It would speak with os ma
ny tongues as tho builders of babel, and in
dialects as much confused and mutually os un
intelligible. The vciy instance now before
us presents a practical illustration. The law
of the lost session is declared unconstitutional
in South, Carolina,and. obedience to it is refu-
sed. In othor states it is admitted to be strict,
ly constitutional. You walk over tho limiis
of its authority, therefore when you pass the
state line. Ou one s sido it is law; on the
other side, a nullity; and yet it is passed By
a common Government, having the same au
Jhqrity in all the States.
Such, sir, are the inevitable results of this
doctrine. Beginning with the original error,
that 'the constitution of tho United States is
nothing but a compact between sovereign
states; asserting in the next step, that each
the extent of it? own obligations, and conse
quently of the constitutionality of laws of
Congress ;^ahd, w the next,' that it tidy Op.
pose whatever it sees fit to declare unconsti-
tutional, and that it decides for itself on the
mode and measure of redress, the • argument
arrives at once at the conclusion that what a
State dissents from, it may nullify; what It
opposes, it may oppose by force; what it de
cides for itself, it may execute by its own
power; and that, in "short, it is itself supreme
overthe legislation of Congress and supreme
over tho decisions of the national judicature ;
supreme over the constitution of the country,
supreme over tho supreme law of the land.—
However it seeks to protect itself against
these plain inferences, by saying that an un
constitutional law is no law, and that it only
opposes such laws as are unconstitutional, yet
this docs not, in the slightest degree, vary
the result, since it insists on deciding this
question for itself; and, in opposition to rea-
son and argument, in opposition .to practice
and experience; in opposition to the judg.
ment of others, having an equal right to judge,
it. says, only, « Such is my opinion, and my
opinion shall be my law, and I will support it
by my own strong hand. I denounce the
law, l declare it unconstitutional; that is
enough; it shall not be executed. Men in
arms are ready to resist its execution. A«i
attempt to enforce it shall cover the land with
blood. Elsewhere, it may be binding, but
here, it is trampled under foot.”
This, Sir, is practical nullification
And now, Sir, against all those theories
and opinions, I maintain—
1. That the Constitution of the United
States is not a league, confederacy, or com.
pact, between the people of the several States
in their sovereign capacitiesjbut a Government
proper, founded on the adoption of the people,
and creating direct relations between itself
and individuals,
2. That no State authority has power to
dissolve these relations; that nothing con
dissolve them but revolution ; and that, con
sequently there can be no such tiling as se
ssion without revolution.
3. Th.it there is a supreme law,-consisting
of thii Constitution of the United States, acts
of Congress passed in pursuance of it, and
treaties ; and that, iu cases not capable of as
suming the character of a suit in law or equi
ty, Congress must judge of, and finally inter
pret, this supreme law, so often as it has oc
casion to pass acts of legislation ; and, in ca
ses capable of assuming, and . actually assu
ming,'the character of a suit, the Supreme
Court of the United States is the final inter
preter.
4. That an attempt by a State to abrogate,
annul, or nullify an act of Congress, or to ar.
rest its operation within her limits, on the
.-round that, in her opinion, such law is uncon
stitutional, is a direct usurpation on the just
powers of the General Government, and o;
the equal rights of the other Slates, a plain
violation of the Constitution, and a proceeding
essentially revolutionary in its character and
tendency.
Whether the constitution be a compact be
tween States in t.ieir sovereign capacities, is a
question which must be mainly argued from
what is contained in the instrument itself.—
We all agree that it is an instrument which
has been in some way, clothed with power,
Wc all admit that it speaks with authority.—
The first question then is, what does it say of
itself. What does it purport to be ? Does it
style itself a league, confederacy, or compact
between sovereign states ? It is to be re
membered, sir, that the constitution began to
speak only after its adoption. Until it was
ratified by nine States, it was but a proposal,
the mere draught of an instrument. It was
like a deed, drawn but not executed. The
convention had framed it, sent it to Congress,
then sitting under the confederation, Con
gress had transmitted it to the state Legisla
turcs, and by these last it was laid before con
ventions of the people in the several States.
All this while it was inoperative paper. It
had received no stamp of authority, no sanc
tion ; it spoke no language. Bat when rat
ified by the people-in their respective .con.
ventiohs, then it had a voice, and spoke au
thcntically. Every word in it had then re
ceived the sanction of the popular will, and
was to be received as the expression of that
will. What the Constitution says of itself,
therefore, is as conclusive as what it says on
any other point—Does it call itself a com
pact? Certainly not. It uses the word
compact but once, and that is yken it de-
dares that the states shall enter into no com.
pact. Docs it call itself a league, a confede
racy, a subsisting treaty between the States ?
Certainly not. There is not a particle of
such language in all its pages. But it declares
itself a Constitution. What is a Constilu-
lion? Certainly not a league, compact or
confederacy,but a fvndamcntallaw. That fun
damental regulation -which determines the
manner in which the public authority is to be
executed, is what forms the Constitution of a
tide. Tbose primary rules' which coaccrn
the body itself and the very being of the polit
ical society, the form of Government, and the
manner in which power is to be exercised—
all, hi a word, which form together the Consti-
tution of a State, these are the fundamental
laws. This, sir, is.thc language of the pub
lic writers. But do wc need to be informed,
iu this country, what a Constitution is ? Is it
not an idea perfectly familiar, definite, and
well settled? We arc at no loss to under-
stand what is meant by the Constitution of
one of the states; and the Cons titution of the
United States speaks of itself as being an in
strument of the same nature. It* says, this
Constitution shall be tho law of the land, any
thing in any state Constitution to the contra
ry notwithstanding. And it speaks of itself,
too, in plain contradistinction from a confede
ration ; for it says that all debts contracted,
and all engagements entered into by the Uni:
ted States, Bhall be as valid under the Consti.
tution, as under the confederation. It does
npt say, as valid under this Compact, or this
former confederation, but as valid under this | between sovereign states, the mere effect < f I words. Let that I government-which should act directly on
Constitution. ' | a theoretical and artificial mode of reasoning j it is a matter states, | individuals,’ without borrowing aid from the
whether they will continue the Government, state Gove;
tion,
of the state; and this is expressly declared to esis?
be the supreme law. It is as,ff the people 1 Mr. President, the nature of sovereignty,
had said, “ we prescribe this fundamental law,” lor sovereign power has been extensively dis
or “this supremo law,’’/or they do say that cussed by gentlemen on this occasion, as it
they establish this constitution, and. that .it I generally is, when the origin of ourgovern-
shallbc the supreme law.;* They say .that I ment is debated. But I confess myself- not
they ordain and. establish it; 1 '’ Now, sir, what I .entirely satisfied with arguments and illus-
is the commori application of these words?—-1 trations drawn from that topic. The sover-
This, then, sir, is declared to be a constilu. upon the subject? a mode of reasoning which iwneurefuw TT 7^1 'If 18 *?'Governments. Thin is char as light
ion.- A constitution is the fundamental law disregards plain facts, for the sake of hypoth- J or break it up o pp ml senators itself on the-very face of Hie provisions of the
*nd to elect electors. 1 hey have no discre-1 constitution, and its whole history tends to
tion in the matter. The members of their the same conclusion. Its framera cave this
I Legislatures cannot avoid doing either, so G f- very reason for their work iffthTm^t do!
I ten'os the time arrives without a direct viola-1 tiuct terms Aii mu ,
olation as would break up any other 0„«m. Ujl fo telritory> w ^
"^Looking eti» further to. tho provisos «f|
was
is tne common application ot these worasi—• i irauons uruwu irum tu«i . » ... i, '-uuvenuon, among, other mem
Wc do not speak of ordaining leagues and eignty of government, is an idea belonging the constitutionj^cl^ ip order exn its true aers,Samuel Johnston and Oliver Ellsworth,
compacts. , If tins was intended to be a com- to the other side of the Atlantic. No such fJ^eri tve fin | havingbeen framed, it
pact or league, and the states to be parties to I thing is known in North America. Uur gov-
it, why was it not so said? Why is there 1 emraents are all limited. In Europe, sover-
found no one expression in the whole instnu1 eignty is of feudal origin, and imports no
ment indicating such intent? The old con- more than the state ot the sovereign. Ii
federation was expressly called a league; and comprises his rights, duties, exemptions, pre-
into this league it was declared that the states rogatives, and powers. But with us, all
as states, severally entered. Why was not power is with the people. They, alone, are
similar language used in the constitution, if a sovereign: and they erect what governments
similar intention had existed ? Why was it I they please, and confer on them such pow -
not said,“thestatesenterintothis new league,” ers as they please. None of these goven<-
“the states form this new confederation,” or ments arc sovereign, in the European sense _ ,, , .
“ the states agree to this new compact ?”— of the word, all being restrained by written terous than that any state should have power “The convention saw this imperfection in
Or, why was it not said, in the language of constitutions. It seems to me, therefore, that to tiulhfy the proceedings of the General “ attempting to legislate for states in their po.
the gentleman’s resolution, that the people wc only perplex ourselves when we attempt Government, respecting peace and war. I “luteal capacity; that the cocrtion of law can
of the several states acceded to this compact to explain the relations existing between the When war is declared by a law ot Congress, “be exercised by nothing but a military
in their sovereign capacities? What reason General Government and the several state can a single state nullify that law, and reman. “ torce. t hey have, therefore, gone upon
is there for supposing that the framers of the Governments, according to those ideas of at peace? And yet she may nullify that law, “ entirely new ground. They have formed
constitution rejected expressions appropriate I sovereignty, which prevail under systems I as well as any other. If the President and oae new nation out-of the individual states,
to their own meaning, and adopted others essentially different from our own. Senate make peace, may one state, never- “ I he constitution vests iu the General Le-
wholly at war with that meaning? | But, sir, to return to the constitution itself; J theless, continue the war? And yet, if she |‘‘giskture a power to make laws in mutters
°“" r - “.sms rs/
I kite objects, and, to the extent of tb,3 u„,o„, Mete, and Mr. JoWon and Mr. Vworth
to restrain the separate authority of the states, were also members of this convention On
Congress only can declare ^war—therefore, 1 ihe first day of the debates, Lein- called on
when one state is at war with a foreign na- to explain the reasons which led the couven
lion, all must be at w^r. The Present and tion at Philadelphia to recommend such a con'
the Senate only can make peace; when peace stuution, after showing the insufficiency of
s made for one state, therefore, it must be the existing confederacy^ inasmuch as it ap
made for all. - ... l ' Ue< } ta states . ** states, Mr. Johnston' pm.
Can any thing be conceived more prepos-1 ceeded to say 1
league or a compact between sovereign pow- government to an end. Perhaps that is true; I can evade it, that, as to certain purposes, the “ power jvhich is to enforce these laws, is to
pends upon the mild and equal energy of
law-. The broad and clear difference between that duty, would not the state Government I The very end and purpose Of the constitution I ‘{their duty to their Country. This is the pe.
a Government and a league, or compact is, remain unorganized? No doubt, all elective was to make them one people in these par- | “ culi.r : lory ot ihe constitution, that it dc.
that a Government is a body politic; it has a governments may be broken up, by a general ticulars; and it has effectually accomplished
will of its ow
faculties to execute
compact looks
stipulations. Even in a compact between I this respect, as much security as another.— I over the people, especially in regard to ini
sovereign communities, there always exists The maintainance of this constitution does posts, was always prominent as a reason for
this ultimate reference to -a-power to ensure not depend on the plighted faith of the states,as I getting rid of the eoutederatio.i, and forming
its execution; although, in such case, this states, to support it; and this again shows I a new constitution. Among innumerable
power is but the force of one party against the that it is not a league. It relies on individual | proofs of this, before the assembling of the
Ellsworth sa;d:
“in reputes it is a fundamental princi.
“pie that the majority govern, and lh.it the
“ minority comply with the general voice.—.
How contrary then to republican principles,
convention, allow me to refer only to the re-1 “how humiliating, is our present situation.—
force of another—that is to say, the power of duty and obligation.
war. But a. government executes its decis- The constitution of the United States, ere- I port of the eommittee of the old Cougress,
ions by its own supreme authority. Its use ates direct relations between this Government I July, 1785.
of force ia compelling obedience to its own and individuals. This government may pun- But sir, let us go to the actual formation of |
enactments, is not war. • It contemplates no ish individuals for treason, and all other crimes the constitution, let us open the journal of the
opposing party having a right of resistance, in the code, when committed against the U. convention itself and we shall see that the
It rests on its own power to enforce its Own States. It has power also, to tax individuals, very first resolution which the convention ad-
will ; and, when it ceases to possess this pow- {in any mode, and to any extent; and it pos-1 opted was, “ that a national Goveknment
er, it is no longer a Government. sesses the further power ofdemanding from in- ought to be established, consisting of a
Mr. President, I concur so generally in dividuals military service. Notiiiug, certain- supreme legislature, judiciary, and ex-
the very able speech of the gentleman from ly, can more clearly distinguish a govern- ecutive.’
Virginia, near me, [Mr. Rives] that it is not meat from a confederation of states, than This itself completely negatives all idea of I “Union is a coercive pri >cijle. No man
“ A single state can rise up, and put a veto
“upon the most important public measures,
“ We have seen this actually take place; a
“single state has controlled- the general
“ voice of the Union, a minority,-a very small
“ minority, has governed us. So far is this
.“ from being consistent wiih republican prim
“ciplcs, that it, is in effect the worst species
“of monarchy.'
“He.ice we see how necessary for the
without diffidence and regret "that I venture I the possession of these powers. No closer league, and compact, and confederation.— |
to differ with him on any point. His opinions, relations can exist between individuals and Terms could not be chosen, more fit to ex-
sir, arc redolent of the doctrines of a very any government. press an intention to establish a National
distinguished school, for which I have the On the other hand, the government owes Government, and to banish forever all notion
highest regard, of whose doctrines I can say high and solemn duties to every citizen of of a compact between sovereign states,
what I also can say of the gentleman’s speech, [ the country. It is bound to protect him in | This resolution was adopted on the 30th
“ pretends the contrary. We all see and feel
“ this necessity. The only question is, shall
“it be a coercion of law or a coercion of
r.ns? There is uo other possible alterna-
“.live. Yv here will those who oppose a co-
‘‘ ercion of law come out ? Where will thev
that, while I concur in the results, I must be his most important rights and interests. It May. Afterwards, the style was altered, aad “ er.d ? A necessary consequence of their
-State has a right to be iu ewu eole judge of ,league, OX ihfo sonfederation, 89 under the
permitted to hesitate about some of the prem- makes war for his protection, and no other instead of being called a National Govcrn-
ises. I do not agree that the constitution government in the country can moke war.— I ment, it was called the Government of the U.
is a compact between states ia their sover- It makes peace for his protection, and no States; but the substance of this resolution
dign capacities. I do not agree that, in other government can make peace. It main- was retained, and was at the head of that list I
strictness of language, it is a compact ot all. tains armies and navies for his defence and of resolutions which was afterwards sent to
But I do agree, that its foundation is on con- security, and no other government is allowed the committee who were to frame the instru-
sent, or agreement; or on compact, if the gen- to maintain them. He goes abroad beneath ment.
tlcman prefers that word, and means no more its flag, and carries over all the earth a na- It is true there were gentlemen in the con- J
by it than voluntary consent or agreement, tional character imparted to him by this gov- vention, who were for retaining the con&der-
The constitution, sir, is not a contract, but I ernment, and which no other government can I ation, and amending its articles; but the ma-
the result of a contract; meaning, by contract impart. In whatever relates to war, to peace, jority wqs against this, and was for a Nation-
no more than assent. Founded on consent, to commerce, he knows no other government, al Government. Mr. Paterson’s propositions
it is a goVerameut proper. Adopted by the All these, sir, are connexions as dear and as which were for continuing the articles of con
agreement of the people of the United States, sacred as can bind individuals to any govern- fed-ration with additional powers, Were sub
when adopted, it has become a constitution. I ment or earth. It is not, therefore, a com- mitted to the convention on the 15th of June,
The people have agreed to make a constilu- pact between states, but a government pro- and refered to the committee of the whole,
tion ;,but when made,that constitution becomes per, operating directly upon individuals, yield. And the resolutions forming the basis of a
what its name imports. It is no longer a mg to them protection on one hand, and de- National Government, which had once been
mere agreement. Our laws, sir, have their manding from them obedience on the other, agreed to in tho committee of the whole, and
foundation in the agreement, ,‘or consent, of j There is no language in the whole consti- reported, were recommitted to the same com-
the two Houses of Congress."' We say, hab- tution, applicable to a confederation of states, mittee, on the same day. The convention
itually, that one house proposes a bill, and If the states be parties, as states, what are then, in committee of the whole, on the 19th
the other agrees to it; but the result of this their rights,and whattheirrespective covenants, of June, had both these plans before them;— | -stitiition for a National Government With
agreement is not a compact, but a law. The and stipulations expressed? The states enga- that is to say, the plan of a confederacy, or tll - ’ - c.j . *j
Taw, the statute is not the agreement, but ged for nothing, they promise nothing. In compact between states, and the plan of a dissatisfied • but all admitted that the
something created by the agreement; and the articles of confederation, they did make national Government. Both these plans were thin(T had fceen ^ nc I n none of those van-
something which when, created, has a new ‘promises, and did enter into engagements, considered and debated, and the committee | n „ q nmit-^ikna
character, and-acts by its own authority.— and did plight the faith of each state for, their reported, “ That they do not agree to the prop-
So the constitution of the United States, foun- fulfilment; but in the constitution it is the ositions offered by the honorable Mr. Patterson,
ded in or on the consent of the people, may people who speak, and not the states. The I but that they again submit the resolutions for-
be said to rest on compact, or consent; but people ordain the constitution, and therein I merly reported.” If, sir, any historical fact in
it is itself not the compact, but its result.— address themselves to the states, and to the the world be plain and undeniable, it Is that
When a people agreo to erect a government, I Legislatures of states, in the language of ih-1 the convention deliberated on the expediency
and actually erect it, the thing is done, and junction and prohibition. The constitution of continuing the confederation, with some
tho agreement is at an end. The compact utters its behests in the name and by author- amendments, and rejected that scheme, and
is executed, and the end designed by it attain- ity of the people, and it exacts not from states adopted the plan of a National Government,
ed. Henceforth, the fruit of the agreement any plighted public faith to maintain it. On with a legislature, an executive, and a judi-
exists, but the agreement itself is merged in the contrary, it' make its own preservation ciary of its own. They were asked to pre-
its own accomplishment; since there can be I depend on individual duty and individual obli- serve the league ; they rejected the propo-
no longer a subsisting agreement,' or com- gation. Sir, the states cannot omit to ap. sition. They were asked to continue the
pact, to form a constitution or government, point senators and electors. It is not a mat- existiug compact between states ; they rejec-
after that constitution or government has. been I ter resting in state discretion or state pleas-1 ted it. They rejected compact, league, and
actually formed and established. - urc. The constitution has taken better care I confederation; and set themselves about fra-
Jt appears to me, Mr. President, that the of its own preservation. It Jays its hand on ming the constitution of a National Goyem-
plainest account of the establishment of this individual duty. It incapacitates any man to ment, and they accomplished what they un-
Govemmeut, presents the most just and philo-1 sit in the Legislature of a state, who shall not dertook.
sophical view of its foundation. The people J first have taken his solemn oath to support the If men will open their eyes fairly ' to the
ofthe several states had their separale state constitution ofthe United States. Fromthcobli- fights of history, it is impossible to be decciv-
Governments; and between the states there gation of this oath no state power caii dis- ed on this point. , The great object was to.
also existed a confederation. With this con- charge him. All the members of all the | supercede the confederation, by a regular
dition of things the people were not satisfied, state Legislatures are as religiously hound -to government; because, under the ctinfcdcr-
as the confederation had been . found not to support the constitution of the United States, ation, Congress had power only to' make re;
fulfil its intended objects. It was proposed, as they are to. support their own state coasti- quisitions on states; and if states declined
therefore, to erect a new, common govern- tution. Nay, sir, they are as solemnly sworn compliance,as they did, their was no remedy
ment which should possess certain definite to support it as we ourselves arc, who are J but War against such delinquent states. It
powers, such .as regarded the prosperity of members of Congress. I would seem, from Mr. Jefferson’s correspou-
thc people of all the states; and to be formed I No member of a state Legislature can re-1 dence in 1780, and 1787, that he was of opin-
upon the general model of American constitu- fuse to proceed, at the proper time, to elect ion that even this remedy ought to be tried,
tions. This proposal was assented to, and an ] senators to Congress or to provide for -the “.There will be no money in the treasury.”
instrument was presented to Jiiq, people of the j choice of electors of President and Vice Pres-1 said he, “till the confederacy shows its teeth;
several states for their consideration. They ident, any more than the members of this and he suggests that a single frigate' would
approved it and agreed to adopt it as a consti-1 Senate can refuse, when the appointed days soon levy, on the commerce of a delinquent
tution. They executed that agreement,*they arrives, to meet the members of the other state, the deficiency of its contribution. But
adopted the constitution, as a constitution, I House to count the votes for those officers, this would be war; and it was evident that a
and henceforth it must stand as a constitution I and ascertain who are chosen. In both ca- j confederacy could not long hold together,
until it shall be altogether destroyed. Now, j ses, the duty binds, and with equal strength, I which should be at war with its members.—
sir, is not this the triith of the whole matter? the conscience of the individual member, and I The constitution was adopted to avoid this ne-
apd is not all that wc have heard of compact J it is imposed on all by an oath in the same j ccssity. It was adopted, that there might.
principles is a war of the states or.e agiiinst
“ another. I am for coercion by law ; that
“coercion which acts only upon delinquent
“individuals. This constitution docs not at-
“ tempt to coerce sovereign bodies, states,
“ in their political capacity. No coercion is
“ applicable to such bodies, but that of an
“ armed force. If we should attempt to exe-
“cute the laws ofthe Union, by sending an
“armed force against a delinquent state,it
“would involve the good aad bad, the inno
cent and guilty, in the -same calamity.-—
“ But this legal coercion singles out the guilty
“individual, and punishes him for breaking
“the laws ofthe Union.”
Indeed, sir, if we look to all cofcmporary
historv, to tho writings of the Federalist, to
the debates in the conventions, to the publica
tions of friends and foes, the y all aerce, that
a change had been made from a confederacy
of States, to a different sysiem ; they all
agree, that the convention had formed a con-
ous productions and puffier tions, did anyone
intimate that the new constitution was but an-.
other compact between states in their sover-
eitrn capacities, .1 do not find such an opin
ion advanced in a single ir-ittancc.
' Every where, the people were fold that the
old confedera ioh was to be abandoned, and
a new’ system to be tried ; that a proper Gov-
ernment was proposed, to be founded ia tho
name ofthe people, and to have a regular or-
ganization of its own. Everv where t^e peo-
pie were told that it was to be a Government
with direct powers to make laws, over individ
uals and to lav taxes and imposts without the
consent ofthe states. Every where it was
understood to be a popular constitution. It
came to the people for their adoption, and was
to rest on the same foundation as the state
constitutions, themselves. Its most distin
guished Advocates, who had been themselves
members ofthe convention, declared that tho
very object of submitting the constitution to
the people was, to preclude the possibility oj
its being regarded as a mere compact.. “ How
ever gross a heresy,” says the wri^r ofthe
Federalist, it “may be to mnirtrin that a par
ty to a compact has aright to revoke the com-
pact, the doctrine itself has had respectable
advocates. The possibility nfn qupstin- oi
this nature, proves the necessity of hit 1 g tho
foundation of our national G overnment dee
per than in the mere sanction of delegated
authority. The fabric of American empire
ought to rest on the solid basis ofthe consent
OF THE PEOPLE-
• To be concluded.
Appointment by the President.—Arthur Mid-
dletonjr. of South-Carolina, to be Secreta
ry of Legation ofthe United States at Madrid* j
in the place of Charles. S, Walsh, removed
s. •