Newspaper Page Text
• /Mk. McDUFFIE of South Carolina.
Sketches of men in Washington. —We continue to
draw on Mr.’Crooks’ lively sketches of distinguished
members of the late congress. From his seventh letter,
of the series entitled “ Men in Washington,” wc ex
tract and subjoin ins sketches ot Geokge McDutfic. of
South Carolina.
.Mr. .McDuff:?: is about forty years of r.jre, perhaps
more, gin ill in figure arid in statue —with a kind of grey
eyes—and w ith long wild-looking hair flowing down his
neck. Take him so far as appearance goes, and the
word xhnbh'j gives one the best idea of hint. He rteeds
scrnbhintr and combing before he is sent to Congress
again. His constituents ought to insist upon it.
Mr. McDuffie is ever promenading in the House Os
Representatives, in front of the Speaker’s chair, lie
talk* but little, and mixes but little with other members
of the House; but sits down f.r a moment, and then
walks about w ith an august step, bis head hanging down
on his shoulders. At tunes he goes into the mite,
scowls anu turns about again. Anon lie is in the library
ten minutes or more; and is then off. He watches ail
that isgoingon w ith ini ns ■ interest. Very little is in mo
tion that docs not engage his attention. So far ns phys
iognomy is concerned, Mr. McDuffie has mom than liis:
-facecredits him with, unless he is cxeitr and. His countc- j
nance is not pleasant, nor agreeable, hut manifests great
determination and groat decision.
It is difficult to lorni an opinion of Mr. McDuffie :;i ,
this time. 1 was disappointed in bis speech against the :
Enforcing Act tin; other day. It was beneath him, and |
has been spoken of here, over and over again. Perhaps j
I think so, because ha lias placed himself in so awkarda !
position. On the Bank question last winter, he was at j
times argumentative, and effectively eloquent. Mr. Me j
Dutiie, however, has talents of a h gii order. There can !
tic no doubt of it. lie does exert great influence over i
<lie deliberations of Congress. lie will carry a measure
when no other man cart. Perhaps this influence is given
■him in part, liv the majority with which he appears in all
debates, so far as patty questions are concerned; perhaps
in part by his being so long a member of Congress, and
having so often been on so many important committees.
Asa mere parliamentary man, I consider him the first
in the House. 11.- knows j :«t what to speak, and just at
v. t i oik . (or nut) it is best topress a measure. lie las
tiie hi ?: b t .knowledge from appearances what will m
ail probability he toe decision of the House. This tact
is iit tunes invaluable.' He- who has watched the delib
erations of a large public assembly, must know, that at
times it i-. subject to the strangest fienks; and must also
have seen; that when hunger is pressing, or it is late at
Might, or when u leading member on the other side is
out of the House, a measure is to be carried or lost, tact
is every thing. 1 have seen triis session, under the aus
pices of Mr. Clay, two great measures through j
both lions' s which could not have been carried through,
uni ss he had selected liio very time and hour be did
select.
Il'.s Tariff Bill, when first announced in the Senate j
had a majority against it. Ilis tact and skill moulded I
that minority into a majority. But if his Senate Bill J
had gor.e into the House, he would have lost it, for the j
•objections to the principle of originating a financial J
measure in the Senate, united with the real opposersof!
the bill, would hare made a majority in tin House. I
Hence the necessity of mere tact. It was doubtful wlicth-1
or lii-s Tariff Bill could pass the House, till the fears of
both northern and southern member were acted upon
by tiie agitation of the Enforcing Act. This being agi
tated in the House, the Tariff Bill was introduced in tiie
midst of the deliberations, and carried by a large majori
ty.'’ Then it went up to tiie Senate, :• ! with the forte
of public opinion in the House, gained members of the
Senate who, I know, would have voted against it before
this demonstration of opinion. During all this lime, Mr.
Clay lets his Public Land Bill sleep on the table of the
House, hut with great skill, when the South was pacifi
ed on the tariff, he causes his bill to be passed there,
and carries it, —when none of us, ten days before, had
the least hop'- of effecting the passage of this important
bill. I consider this all as one of the best displays of
parliamentary tactics which the history of any deliber
ative body records. There are times when nothing can
move men. Bit let a skilful man disarrange in the least
the organization of parties, ami lic.can carry almost any
t hiria that is reasonable. In this kind of talent Mr. Mc-
Duffie is well gifted. He has great sagacity in selecting
the proper timo to move, to act, and to speak, and hence
be must bo successful in commanding attention.
It is difficult to give the reader a vivid idea of Mr.
McDuffie’s ekTipisnc -. The majority of men say ho is
not eloquent, arid affect to he, or are, disgusted with his
style, and vet will listen lo him with intense attention
for hours. One thing is certain, ho has a very bad man
ner, bad so far as good taste and propriety i3 concerned.
He hesitates and stammers—he screams and bawls—he
thumps and stamps like a madman in Bedlam. But yet
lie is eloquent, with little or nothing to say.
1 will attempt to give you an idea of Ins manner in the
report of a few periods putting in parenthesis as well as
words will adoiit, his modulations and his gestures.
“Sir, (a thui.'ji ori a desk upon a quire paper heavy
enough lo echo over the fvhole hall) sir, S. Carolina is
opposed (a thump.) A tyrant majority sucks her life
blood from her, (a dreadful thump.) Yes sir, (a pause)
yes, sir, a tyrant (a tliump) majority, tmappeased, (arms
alolt) unappeasable, (licrrid scream) has persecuted and
persecutes us.—(a stamp on the floor.) We appeal to
them, (low and quick) but We appeal in vain. and
quick.) Wc turn to our brethren of the north, (low with
a shaking of the head)*and pray them to relieve us, (a
thump) but we t-u-r-n in v-a-i-n, (prolonged and and a
thump.) They heap coals of fire on our heads, (with
immense rapidity.) They give us burthen on burthen;
they tax us more and more—(very rapid, slam-bang,
bang, bang, slam—a hideous noise.) Wc turn to our
brethren ol the South,,(slow, with a solemn, thoughtful i
air.) We work with them, wc light with them, we vote |
with them; we petition with them; (common voice anil I
manner) but the tyrant majority lias no ears, no eyes, no!
form, (quick,) deaf, (long pause,) sightless, (pause) in-!
exoral.le, (slow, slow.) Despairing [a tliump] >v< r ori.
<® the rights [a pause] which Cod £a p: is.-] and na-.UT. i
have given us,’’[thump, thump, thump,] dee. j
This is no caricature, but gives a better idea of Mr. Mc-
Duffie’s manner tbau I could give you in sheet* of do-1
seription.
In these pauses, thumps,stamps, nr supplosiopedis as
the ancien’s termed it, mere is much that commands at
tention. 1 lie rapid changes of voice from one tone to
another never suffer the ear to be fatigued. The earn
est jesture keeps the eye engaged. And thus, as to
coitumed attention is one of tlu- great objects of a rep
resentative, when so few are listened to, Mr. McDuffie
succei es to the utmost of his wishes.
Mr. ..IcDuliio manifests wisdom in speaking hut lit
tle, and then briefly, unless the occasion demands his
sei fives. ll.a more declamation is the best part of his
en.qn. nee, feud is ol more <ll ot than bis argument. II ■
has no wit, tbuogti he sometimes attempts it. Thcstrue.
tore of |ms iiftinl nofl serious, solemn, stern cast, and
the light tools of cloquure lie handles with an ill grace.
dr. vieDullio is at ttii&s violent bevond measure.
Generally he is courteous and civil, hut there are mo.
flimits wie :i In is rude and disorderly. He is a man
id strong leadings, but these are otuut hadtv managed.
He takes liberties, nad is allowed liberties in tho House,
which no other member dure take, or is allowed to
take.. • B.
• *'* u gWnxtu r>,.ersUon, said Mi, LetCiis; a, Kv,
3111. CLAYTO.VS SPEECH
Concluded from our last.
1 will now proceed togiveyon my views of the for
mation of our Government. 1 lay down this position,
that there is a difference between a social or homage
nous, and a Federal Government. The firtt relates to
I individuals, the last to communities. The isiatc Gov
ernments are examples cf the first, the General Govern
i merit of the last. The first depends upon a well known
moral principle, which we learned at the schools, that of
i the great! s* good to the greatest number, and conse-
I qucntly, must be under the direction of a majority. .\ot
| >o of tliq other, it is founded in compact or agreement,
i and, of course, the aiticlcs of stipulation stand in the
I place and sway of the majority. In the social govern
] incut we appeal to the will of the majority for the rule
i of action —m tho Federal, to the articles of agree
ment. if this were not so, wherefore the necessity ol j
any distinctions of States at all? Why not have abol-i
ishi and tlieia at once, and let the whole mass of tiie peo-1
pie have coustitutt and one great government? Why leave
to the States any government at all? This was riot tin I
design of the Constitution, Noone believes that Dela
ware, as soveicign and independent as New Y’ork.j
Consented to give up her social government and blend j
herself with tiie vast population of that State, who, from,
thenceforth, might regulate her cone ms in any inanuci •
it fileased. The thing is too tintcasoitahle.
The States had tw o great interests, which I will ills
tiuguiih by tiie terms municipal and relative. Thr i
first has reference to their internal concerns, the latter to |
their relation with each other as distinct sovereignties. |
and w ith foreign government?. The one interest was
as dear to them as the other; indeed, the safety of that {
which related to the protection of life, liberty, reputa- ]
tion, and property, was if any thing, the most desirable.
I his they retained to themselves ; the other, the rela
tive interests, they conferred upon the General Govern
ment—having, evidently, at one-time, possessed the ex
clusive right to manage both. Now. if this distinction
can be kept steadily arid closely in the- mind’s eye, it
must be admitted that when either of these governments
invades the rigths of the other, the invaded government
will have tho right to repel the aggression, and the right
of resistance must be reciprocally tiie same. More ol
this hereafter. Now, Sir, permit me to show how clear
ly these relative can be s-parated from the municipal
pow ers, and tha nothing is So entirely perfect, which be
longs to human wisdom, us the discrimination made h\
the framers of the Constitution. These relative powers
are contained in about seventeen specific grants, and
which, if faithfully executed, cannot possibly benefit
one State more than .-mother. This is the true test cf
the intention of the Federal Government, for no one
can believe that it was designed to be a bargain in
which some States were to receive more advantages
than others. 1-or such an instance of stupidity there
could be no possible motive, and nothing contained in
the history ol the times warrants such belief. Now let
!ds apply this test. The first power is to “lav taxes” in
various ways, but they were to be uniform, throughout
the l uited States.” How can any one .State ho more
benefitted by an honest exercise- of this power than
another?
Take the next, and apply the test. “To borrow mo
ney on the credit of the United States.” The next:
“ i o regulate commerce with foreign nations, and among
the several States, and with the.ludia-n tribes.” Every
one knows, that in all ourcommercial regulations, faith
fully intended as such, and obviously belonging to that
sue-jcct, there never lias been any complaint. It is on
ly when Congress departed from the true object of this
clause,to take in something more than its words or spi
rit conveyed—something that beiong-d to the muni
cipal interest of the States, local ami partial, that tho in
equality,commences and the test fails. Take the next
power, and our rule immediately applies—“To e-s
--tablish an uniform rule of naturalization.” And again:
“To coin money, regulate the value thereof, and fix tile
standard of w eights and measures.” Docs not every
one perceive, that it is not possible- for Congress to de
vise a law on any of these {lowers that shall give a
greater advantage to one State than to another. This
is equally true as to all the other powers in tiie Consti
tution, and L invite gentlemen to a care full examina
tion of the fact. It is only when we leave the letter of
the power, and are feeling for something else carefully
lodged away among the reserved rights of the States,
with a view to filch them from those governments, that
any possible difficulty can concur. For instance, in or
der to get this eagerly sought fight to protect manufac
tures, which not a solitary syllable, word, sentence,
clause, paragraph, ur article of that instrument, men
tions, in groping for it in the darkest parts that would
furnish a pretext for the search, its friends have
fallen upon the provision relating to the “common de
fence and general welfare,” as best justifyi.-iir it. Now,
Mr. Speaker, I do not intend to argue litis malt r, so
often discussed, and I beg gentlemen nolle be alarmed
at the mention of the “general welfare” principle ; hut
they must excuse me, if, by way of putting this thinn
forever at rest, so that it shall no more he heard cf a"
mong politicians,! read them the history of this same
•general welfare doctrine, from our old friend, LArtl Som
ers, to ascertain if it can be possible our Constitution
meant what he so profoundly describes. lie commen
ces ,:
“ENGLAND S \\ AN TS : Or several proposals prob
ably beneficial for England, liumbly offered to the con
sideration of all good patriots in both houses of l’arlia
incnt.
The want of public spirits (meaning enterprise, not
drinkables) hath occasioned the want of main public
works of piety and charity—works necessary for the
general welfare, or commodious and convenient for The
people, or of ornament for the kingdom.
1. To supply this want, that, by such easy ways and
means as are hereafter mentioned, there may bo raised
a public stock, to be put into the hands of commission,
ers accountable to tho King.
2. For raising such public stock, it is proposal first,
upon all such commodities as occasion either excess or
luxury, wantonness, idleness, pride, or corruption of
manners, there may be laid a large and extrvordinau
impost, as upo-.i all wines, all strong drinks, tobacco,
cone, onucolutc. sugars, -pices, plums, all sorts of sweet
meats, oranges, Arc.; upon ail silks, laces, ribbons, jew
els, watches, plate, feathers, perukes, fringes, Arc.; up
on all fine linens, caiublets ; upon cards, dice, tables,
bowls, Ax.; upon all coaches, chariots, litters, sedans;
upon all pictures, perfumery, paints for the face, look
ing glasses, Arc. Moreover, a third part of nil the gi t.
tings of coiinnediaifs, rope dancers, mountebanks, lot
teries, shows, Arc. (By the by, a much better list of
taxable articles than that lurnislied by our own tariff'
act.) %
and. That, according to tho practice of the primitive
Christian?, whose devotion was such that they thought
no testament well made unless some considerable por
tion was thereby added to the church, no testament
In ncetortli shout,l ho valid unless a 20th part of the
legacies were given to tho after named objects of goner
al welfare and private uses. That a 4Utii part of nil
things recovered by law may lie (as once among the
Romans) assigned for public uses. That there lie"paid
out ol all marriage portions six pence in tho pound, and
a,v tiling proportionality paid at tho death ami birth of
e - sry person notiiviugou alms. Now the money of this
public stock may be employed in these public uses fol
lowing, viz: For building work-houses in all conve
nient parts ol this kingdom, fur making livers naviga
ble, tm budding nnil t< pairing luulgos, highways, M :u
Knuk», (breakwater?,) haven*, mo.ei, lam] marks, nquv
ducts; for nutting up port youths, lor marrying poor
maids, for relief of aged, impotent, decayed people, for
maintenance of sick and maimed seamen, aud |>ensioiis
for old soldiers.
For the further increase of the price of wool it may he
enacted that the dead be clothed in w 001, but that all tin
living, from the first of May to the Ist ol November shall
be obliged to wear their clothes and hats made of wool.
That none but married men, or who have once been
married, shall be, after the age of 33 years, capable of
airy office of profit or honor.
An to encourage the making of all sorts of pa
per, of rough hats, of coarse canvass, ot point lace, ot
silks, of scissors, of needles, to make vinegar, ail box
combs, gold and silver lace, some sorts of silk. som<
sort of goldsmiths’ ware, as spoons, forks, <Ac., which
arc made better in France than in England, and for all
which vast sums of money is returned into France.
That, as inthe reignof Edward the 2d, the number of
attorneys was regulated, and 110,000 declared to be
sufficient to serve this whole kingdom in that peaceable
age ;so now that the excessive number ol law yers arid
attorneys may be reduced to a competent number for this
age, aid some things in their pleadings reformed.
W hat a shame to our nation is it, that so many evil and
rapacious lawyers .should lie permitted to plead in be
half of known vicious persons and of manifest oppr- ssors,
and in causes notoriously unjust—should be permitted
to make a trade, not to minister justice, but to heap up
riches and devour all the fat of the land.
Taut for redressing those high crimes, (so accounted
by all God’s people heretofore, though now in England
littie conscience is made thereof,) ofwrlfullv trying to
rob Go-.l or the King, the one in his tytljes, and oth
er in ins tribute?, customs, or revenues, bv constant
grumblings and mutinous complaints; itmay be made
a high offence for tile future and very severe punish
men, inflicted at tiie discretion of his majesty, (iiiite
a squinting, Mr. Sp-aker, at the force bill.)
That members of Parliament should be compelled to
wear a robe of vestment, that so they nifty be every
where noticed, and receive their due respect, and he
ashamed to lie seen frequently in playhouses, dice-hou
ses, cockpits, taverns, or houses ol worse repute;or to be
night-walkers, Are. And during their attendance on
Parliament, if they be found in such places and ways,
out of their robe or vestment, then to lose their wonted
privilege, according to that saying, “God givetli his an
gels charge over us to keep us, whilst wc are in our
ways, but out of our ways, no protection of angels to be
expected.”
The inequality of taxes upon several counties, hatch
ed and contrived by designing men, with much partiali
ty, i.-i the late times of rebellion, is so great, that to reg
ulate the same, would be a work well worthy of a spee
dy act of Parliament. (Mind that, Mr. Speaker.)
And lastly, an act of Parliament for a solemn anni
versary day of thanksgiving during the reign of our sov
ereign lord the King now reigning, not only for the ma
ny signal and world- rful presevaitons of his royal person,
both by sea and land, and of his right and tilic to this
kingdom, inaugre the-late wicked contrivances, conspi
racies, and associations of all his mortal enemies, but
also for his most peaceable accession to this crown, with
the universal good will and u joicing of tlirs whole na
tion and of all Ills other dominions.”
Here, Sir, is one of the most regular built, scraped
out, polished off’, and well finished general welfare, sys
tems ever devised by the ingenuity of man, both as to
the mode of taxation and the manner of disbursement.
Now, Sir, if u member were to rise in Ins place, aud un
der that provision in our Constitution upon which the
American system is said to be founded, were to ask leave
to introduce a bill to adopt my laird So.uer’s plan, would
it not create a geuetal and universal stniJe; and now many
votes do you suppose it would receive? And yet, Mr.
Speaker, when well examined, absurd as is this very
system, it is not worse than that contended for to justify
the vast expenditures of this Government. When once
you assume the right to make appropriations for any one
object of general welfare, not specially provided for in
the Constitution, you arc at sea without rudder or com
pass, and the million cf objects which the discretion of
Congress might imagine conducive to the general wel
fare, are as much within its jurisdiction as any one single
object. Where do you get your powers for purchasing
pictures, paintings, drawings, statues, busts, hooks for
yourselv ** for making fine gardens, aqueducts, water
fountains, bridges, and canals for the District of Colum
bia, McAdantizing the streets of Washington, ami a
thousand other things notnou- necessary to bo mention
ed? It is from the general welfare principle in the Con
stitution, and called by the name of “public spirit,” by
my Lord Somers.—These works of “piety and charity,’
of which ho speaks, and wants nothing here but a “force
bill,” which it is now likely to obtain, lo spread it over
as many objects as you have just been amused with from
our venerable author.
To return to the formation of the General Govern
ment. It seems that much of the present dispute turns
upon the nature of sovereignty, and where it resides.
One thing is admitted, that in this country the sovereign
ty belongs to the people; both the General and State
Goveraments deduce their title to whatever they exer
cise, not what they possess, for they possess none from
this source; and the only disagreement is as to tiie ex
tent of what Jir.s bean conferred. I liiy down this posi
tion, that sovereignty is cither alienated or delegated—
the first parts with it altogether, tho last temporaril r,
ami at tiie will of the grantor. The first can never be
resumed—tiie latter can, at any and all times. European
governments are founded upon tho first; there is no such
tiling in this country as alienated sovereignty—it is all
delegated. The. monarch of Europe possess tho whole
sovereignty; and whatever is parted with, by them, is a
concession to the people, cither gratuitously made by a
good Prince,or forcibly wrung from a had one, as in thr.
case of migwi chnrta and the bill of rights, from tiie
Prince of Orange. Here the whole sovereignly is with
tiie people, and whatever concessions are made, arc to
the Government, by delegation, for their benefit. The
revolutionary vvir leftxthirlecn sovereign nnd'iii-Jepen
dent States, ami if every tiling which lias been done since
that time, in relation to the organization of rite Federal
Government, could be completely obliterated, and tho
thirteen States stand precisely as they did then, every
one will perceive the truth of thenscerliou. Now, suf
fer me to draw upon your imaginations, for a moment,
so as to suppose the recognition i»y Great Britain of in
dependence had been signed yesterday. What then
would be the character of the State Government?? I will
be told that they would he under tiie articles of confed
eration, Then these admit then entire sovereignty. 1
have before stated that the sovereignty resides in the
people of each State; but as ail the people of each State
could not meet, at a given place, to determine whether
these articles of confederation should continue under
their new relation of independence, or how far a change
was rendered expedient by a great change of condition,
(f ir as the confederation was principally designed for a
state of war, it could not possibly answer tiiat of peace,)
it became necessary, therefore, to meet by representa
tives. \V h ;• they did meet, there wore thirteen sover
eigns present, as much so as if the States had been left
with monarchy at th -ir baud, and these rnonarchs had
met lor the purpose of appointing a general agent to por
lorin certain acts, in which the whoio h id a co.muon in
terest. Now, suppose, instead ol the seventeen powers
conferred on the General Government in the constitu
tion, t<» be executed by a President, a Judge mid a mem-
In r of Congress, representing the three departments of
Covcrmiß-iit, these thirteen rnonarchs leu* given t>ul one
single power, an! that to hut one single individual, for
tho number of powers or of agents cannot vary the prin
ciple, subject to amendment by the consent of thrue
fourtbs »'t rhe contracting parties, and suppose that anr
power to he the rc-gulttiion of commerce. How much
sovereignty would he delegated to tin* individual? Pure
ly only a seventeenth pert cf-.vbßlhas been delegated to
the Federal Government (supposing seventeen to be the
number of {lowers granted.) Now, docs not every one
perceive that the thirteen rnonarchs would remain sove
reign over the other sixteen powers not granted? and, if
so,are they not equally so over all those powers which
are denominated reserved rights? for, the sixteen pow
ers now become reserved rights. They, and the one
power just mentioned, originally came from that mass.
Eacli monarch lias delegated, not alienated, his right to
regulate commerce to a particular individual. Before
they part, however, and just as they have delivered over
tticir power of attorney to their agent, nine of the mon
archy ask the agent if, in the exercise of his one power,
ho cannot so contrive it ns to prohibit commerce'alto
gether, for the purpose of protecting their manufactures?
Me replies lie can. Now, who is to judge of this? Here
is a case made at once, and before the parties separate.
Four of the rnonarchs protest against such a power. Will
any one say the agent himself ought to uo it? Then he
inevitably takes all the powers of all the rnonarchs; for,
by the same tuje that hejudges in one case, lie can in a
million, as to the extent of his powers. And is it right
or just that he, who but a moment before was a perfect
blank, and was chosen, not for bis own benefit, but for
tiie benefit of each and the'whole of the parties, should
instantly become aconduit to pass the rights of one por
tion of the rnonarchs into the possession of the others,
and the injured party have no other redress than what
depends upon his self-serving judgment. What then is
to be done? It will not surely be said that, inasmuch as
the otiier nine monarch? constitute a majority, that,
therefore, they have a right to determine the toattet?
The compact, is founded upo.-i no such principle; indeed,
it is declared .that anv amendment of tiie instrument
much receive the consent of three-fourths. Well, then,
can any one be so blinded as not to perceive that an hon
est, faithful,and fair execution of the compact w ould re
sult in this arrangement, viz: The four rnonarchs would
say, Mr. Ageut, you have no right to grant what these
others have asked you; now, before we separate, vtc in
sist that you submif. that instrument back to the whole of
us, and if three-fourths will determine that you have the
power, (for that number can give it to you under our
agreement, and it ban make no possible difference
whether it is formally conferred or declared to exist,) we
will submit. If you will not, you shall not cxi rcise that
power within our respective kingdoms; and if these oth
er nine rnonarchs attempt to aid you in this usurpation,
we now tell them we will resume that portion of the
trust which we have just delegated, and d'ssolrc the
agreement. So let ns understand each other before wc
part, because, if you design to persevere, we will break
up at once, and form no connection. The nine mon
arch? and this bribed and corrupt agent declare they will
goon. Is there a man here, or in any hole or corner of
this wide world,who will have the hardihood to contend
that the four rnonarchs must submit to this fraud, en
gendered before the ink was yet dry opon the instilment
that contained their signatures? And if they ought not
then, how is the thing varied by the intervention of time?
If it would be fraud then will it not be fraud nowl Are
we to lose rigii's because of,the complication of machin
ery necessary to'protect them? Are wc to submit to
wrongs because of the doubts which' the operation of
compound agencies sometimes creates? Strip this whole
matter of all extrinsic circumstanced used for the pur
pose of executing the powers of government, analize it
till it is brought down to the simple elements 1 have pre
sented, and in the name of every thing that is just and
holy, can any man so torture and pervert the meaning
of things as to arrive ata different result?
To vary tho illustration, let in:- present another view,
it was said by an able speaker in another part of this
building, that the people can formas many governments
as they please, and that the eople of the whole United
-dates have for died tl-e General Government as well as
their State Governmc its. Now let this be granted. But
will be contend tiiot t'liaie governments, are not as
wholly independent, s governments of each other,
as if they were fbreigi ip each other? Is nor the 'State
Government of Massacli isctts independent of the .State
Government of G< .rgia, mil are they not both indepen
dent of the Gear al Government so far as respects their
reserved right ! Can Georgia legisltae upon any of
Massachusctt' reserved rights? I shall he answered no,
at once. !Veti, if she cannot, will it he pretended that
Congress can? ’suppose not; but then again the ques
tion recurs, who is > decide the question of interfer
ence? I think, Mr. Spe«... ' I can give the answer that
must settle the question, * that wc have just
determined that neither Georgia nor i General Gov
ernment can legislate upon the reserved r,, kts of Massa
chusetts. Now, suppose Georgia should, pa. a l.vv ••
daring that Massachusetts, nay, all the States, by way cf i
making the law general, should pay a tax to her upon
t'uir exports l Would Massachusetts leave tho decision of
the right to impose this fax to the courts of Georgia?
Whobelievcs it? Would sjie leave it to the federaf court?
Certainly not. Then lowborn would she leave it? Why,
to no earthly powet hut herself. She would declare the
law null and void, as in the case of the boundary of
Maine, Ar not “obligatory upon her people.” She would
“interpose her authority to prevent its operation within
her limits .” If site has the right to interpose, she has
the choice of means. And w hether by arms or legisla
tion she effects this interposition, it is for herself and no
one else to judge and determine. To this reasoning
there can he no objection. Now, suppose that Congress
passes precisely such a law as that of Georgia’s, imnos
ing the same tax? In what w ill tiie cases differ? Think
you Massachusetts would leave the question to the
Supreme Court? To what otiier conclusion could she
come but the one in the Georgia ca:;p, if she is indepen
dent of both Governments in refer nee to her reserved
rights? If she would nullify as to Georgia, what is to hin
der her from nullifying as to the General Government?
they stand upon the same footing. But there is another
view that I think still more couclusive-of the right of a
State to protect her reserved right?. Suppose at the
formation of the Federal Government, the States, or
rather the people of each State, had possessed, several
ly, only, twenty powers; they meet in convention, as
Stales., and confer ten of these pow ers on the General
Government, and keep the’otber ten to themselves., re
spectively. Now, mark, they were supreme over all the
twenty phwers before they granted ten away, conse
quently they continue supreme over tlipso not granted.
Both governments go into operation perfectly supreme
<iver their respective ten power.:. Suppose the Stales
p is-a law violatingone of she ten granted powers, n-liat
do you suppose the General Government would do? The
answer is ready: she w ould not regard it; she would not
suffer it so operate within her limits; in fine, she would
nullify it. Vv ill any one point out to me any good rea
son w hy tho States may not be permitted to do the same
tiling, if Congress passes a law violating one of their ten
reserved rights? If they are independent Governments,
perfectly supreve over llirir respective ten powers, wdlat
one can do to protect itself, the other certainly can. It
is a bad rule that don’t work both wavs. If the Federal
Government ean defend its granted powers, surely the
States inay do the same tjiingas to their reserved rights;
and whatever plan the one may adopt to effect the oli
j"ct. precisely that may he employed by tho other. The
prov Lion that the “constitution anil the laws of the Uni
t'd States, which shall be made in pursuance thereof,
shall he tin-supreme law of the laud,” is not stronger or
moro extensive than the one which ascerts that “the
powers not delegated to tho United Slates, arc reserved
to the Buies respectively, or to the people.”
1 know the sovereignty of tin- .States is now laughed
a J» Wl, d the proclamation has done more to bring their
tight- 1 into containpt, than all tho other attacks united
•nice the triumph of repiHdicntiistn in t.'?. ft is new ur
ged by thut instrument, by u federal friends and the bill
on your table, that the Mates may be s we reign h«t their
pooffc »h»l! be suhi'etr. They h ill nut r • *'u
States, as
svverable, individually, for'lhcaets
Anti can it be possible the States will ..it,.
Will '",, ,',.",, l>y and ,« 'l"„
obeying their own laws? Os what account is
tv it it cannot protect the sovereions? if-m 1
.fa State cat, b. b„„, up, o„e V, V a,,!**
il, tail, God help the sovereignty of such a State'
the consequences of this doctrine. If the federal
can control the State courts bv consider.no them
their officers, and their posse, as so many jadivki
unconnected with the State government and
them accordingly by the use of dungeons’ haliJ?
gibbets, they can treat the Legislature and Govern’
-Stales in the same way. Ifthe Judiciarv Depart,? 1
the United States can exercise such a power th ‘
co-ordinate branches of the same government can*"
same tiling. Congress and the President mav a?
all the departments of the State government, j„ t |T
wav, not as a government, hut merely as individual
when Governors are brought to the scaffold f or ’
ting the laws of their. States, it will be poor’conJ
to be told they are not hung in their official but, !
private capacities. If the St .tes submit to this do!,!
they will richly deserve the fate which the bill „
now discussing is preparing for their people. '
Mr. Speaker, J am admonished by the great k-ni
time 1 have occupied, no longer to abuse a lj
which lias been unusually indulgent, i must th
though I have much more to say." bring my r’enj,'
a close. 1 ask now the attention of the House hut*
very few moments. Acting upon the doctrines I
advanced, South Carolina has annulled what she
ceivcs an unconstitutional law of this Government
has prepared herself to prevent its operation nnh, t
limits, declaring she means to use no force, a*.
if force is used against her, sh:: will leave i; lr f.
The President has said she shall do neither Jn j '
upon Congress to give him the army, navy/and J
to coerce her into obedience. Now, Mr. S/ieak-i
us ask ourselves seriously if this can bu righlM
prudence, generosity, oi justice, demand such a
proceeding against a sister State, even tlmurii sh,
wrong, if any milder .course could be devised ! R
the tariff', which, before Heaven is a solem dut-,
cause an act ofjustrce, ami the whole difficulty «
end. But, Sir, suppose this bill passed, and’ Ge
Jackson obtains all ho wants—suppose he could
liis own arm, unaided by any other force, exec-jt
object, and suppose a crisis arrives that makes i
ccsoary for him to proceed to South Carolina! Go
me, Mr. Speaker, to the *cenc of action, and let me
sent to you the picture which is furnished by the i
ria.ls of the astonishing case. General Jackson gin
lus dagger, and with cool and deliberate stcpnnrrii
•be peaceful plains ofCarolina : He seizes thefst
lie meets, and exerting the whole strength of age*
vernment, he throttles him, and, with the stranglna
of Hercules, chokes him to the earth. In that fid
v. liich overpowered energy must submit, he |iiint
knee upon the bosom of his struggling victim, aid
I prostrate, he is about to plunge his knife to his 1
: But, Sir, before the blow is struck, he relaxes liisi
tio receive the dying wends, not of a convict, hm
freeborn citizen of a sovereign Slate. What do.
say? Sir, he asks, why am 1 thus treated? What I
done? I hove obeyed my State, and forfeited my I
you. It I had obeyed you, it would have been i
ted to my State. Is this the Ivoasted land of Aw
liberty? Better, by far, I had lived in Poland, or
a serf in Russia. But, wiiot, I repeat, hare Ida
you? Have I not (ought by vour side, for invcom
Mobile aud St. Marks, aud ctHitributed to yoar
Have 1 not willingly paid every tribute sheet
nay, more than uiy share, when she asked it for be
purposes? Have you not said there is
than enough? Have you not said that lam
and ought tube redressed? Why is it, then, toH
about to make a desolation of my home, and fill
(b red peace with the tears of orphans, ami the
'til r widowed mother? What ot- tr re ply could to H
by this executioner of your law, Ilian that this
true? I’rue, that the Governmant wants not
ucy ; true, that l have said your burdens ought
ened : trut, I have said there is more than the
the Government ri quire ; but thero stands at
unconnected with the Government, a confi
dividnals,one of whom cries but*to me, killings
him, unless lie will contribute, from
brow, something to my woollens! Ktll him, iB
says another, unless he gives something to niv iB
Kill Inni, kill liinf,says a third, unless he
to my iron! .Sir, in this critical moment, I
"id I leave you and this House to ponder on thi-^Ji
From tiie Alexandria Gazette. '
Viavijlngtoii’s BivtSi* Place. >f;:
At a time when ail that relates to Washington
so much attention, and when his tor.il> is madeih^B 1
jectof a nation’s anxiety, a notice of the birth
tiie father of his country will not he deemed
ate. We have a note from -Mr. Custis, o(
which contains the memoranda of some
riv.- to tills subject, which have not before
Hshcd.
Gen. Washington was born on a plantation I
W akefield, now the property of John Gray, El
Traveller’s Rest, lying on Pope’s Creek, in "'si
land county, V’a. The iJtiuse in which he first«
light vv as 800 yards from the Crock, half a utile I
entrance into the Potomac. The mansion In*
since fallen to ruins. Some of the trees “ "lB
days,” arc yet standingaround it.—There is notß
present to interest, except the recollections vviiicß
crowd upon the mind, while contemplation f®
place of Washington.
“In ltii.3, immediately after the ratificationH
treaty of peace, Mr. Custis repaired in his own ■
to the lurtli place having prepared a stone with afl
ble inscription, to lie deposited on the ruins eft.®
sioti. Mr. C. was accompanied in the CXCCI ®
this*pious-duty by Samuel Lewis, Esq, great ucj
Washington, and the late Win. Grymcs, E ,( l
an officer of the revolution who held a comma'j
bodyguard. The party landed at Wakefield cj
their arms the stone, encircled by the s |ar s P all ?®
tier, and having gathered together ns much
from the remains of the ancient mansion as troul®
for a rude pedestal, they deposited the stone t®
with this inscription :“Here, the 2-d of J-t-bruaJ
George Washington was born.” Ihe dutvpcfM
the party re-embarked, and hoist ng their coot®
salute from the vessel, thus completing the "J®
anil suielvnot unimpressive ceremonial, of P' a -B
first stone of the monument.” >■
A late writer, speaking of this interesting
marks: -I
“Considering tiiis spot with tiie association o ■
ingthe place where one of the greatest aru
that ever appeared on tins earth, first ( * re ".? ■
saw the light of heavenj its being indepen
association a beautiful one ; and with its ■
the l’otomac river, where steamboats "■ .■
of them are daily passing liom Washington <> ■
Norfolk, Ate. it is surprising mat it soou J
visited. Not one in a thousand ol t 0 I
in steamboats has any knowledge that this
of him whom the world honours, is l ,ut a
water's surface; and hid from lus view on jM
of wild shrubbery. Th« verdure is a*
the (lowers as brilliant and numerous aroini «
ion's birth place as Ins tomb. 1 bough * ■
stated landing pine it for steamboats on 1 , ■
toiruic within It* miles, yet one might «nc
stream, ntirl btirges of ladies and g ea B
r a ell W .keficld’t shores in a few ■
Will not Wakefield, like Mount Vernon, M
times, be the resort ol patriotic * i grim* B