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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. •