The Crisis Of Eighteen Hundred And Sixty-One In The Government Of The United States Part 3

Here is a law of the United States, not even pretended to be unconst.i.tutional, repealed by the authority of a small majority of the voters of a single State. Here is a provision of the const.i.tution, which is solemnly abrogated by the same authority.

On such expositions and reasonings, the ordinance grounds not only an a.s.sertion of the right to annul the laws, of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute them.

This right to secede is deduced from the nature of the const.i.tution, which they say is a compact between sovereign States, who have preserved their whole sovereignty, and therefore are subject to no superior; that because they made the compact, they can break it, when, in their opinion, it has been departed from by the other States. Fallacious as this course of reasoning is, it enlists State pride, and finds advocates in the honest prejudices of those, who have not studied the nature of our government sufficiently to see the radical error, on which it rests.

The people of the United States formed the const.i.tution, acting through the State legislatures in making the compact, to meet and discuss its provisions, and acting in separate conventions, when they ratified those provisions; but the terms used in its construction, show it to be a government, in which the people of all the States collectively are represented. We are _one people_ in the choice of president and vice president. Here the States have no other agency, than to direct the mode in which the votes shall be given. The candidates having a majority of all the votes are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the executive branch.

In the house of representatives there is this difference, that the people of one State do not, as in the case of president and vice president, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own representatives. But this creates no material distinction. When chosen, they are all representatives of the United States, not representatives of the particular State from whence they come. They are paid by the United States, not by the State; nor are they accountable to it for any act done in the performance of their legislative functions; and however they may in practice, as it is their duty to do, consult and prefer the interests of their particular const.i.tuents, when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as a representative of the United States, to promote the general good.

The const.i.tution of the United States, then, forms a _government_, not a league; and whether it be formed by compact between the States, or in any other manner, its character is the same. It is a government, in which all the people are represented, which operates directly on the people individually, not upon the States; they retained all the power they did not grant. But each State having expressly parted with so many powers, as to const.i.tute jointly with the other States a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation; and any injury to that unity is not only a breach, which would result from the contravention of a compact, but it is an offence against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation; because it would be a solecism to contend, that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offence. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a const.i.tutional right, is confounding the meaning of terms; and can only be done through gross error, or to deceive those, who are willing to a.s.sert a right, but would pause before they made a revolution, or incur the penalties consequent on a failure.

Because the Union was formed by compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it; but it is precisely because it is a compact, that they cannot. A compact is an agreement, or binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt; if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations generally has no sanction, other than a moral one; or, if it should contain a penalty, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a saction, express or implied; and in our case, it is both necessarily implied, and expressly given. An attempt by force of arms to destroy a government, is an offence, by whatever means the const.i.tutional compact may have been formed; and such government has the right, by the law of self-defence, to pa.s.s acts for punis.h.i.+ng the offender, unless that right is modified, restrained, or resumed by the const.i.tutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pa.s.s all laws necessary to carry its powers into effect, and under this grant provision has been made for punis.h.i.+ng acts, which obstruct the due administration of the laws.

It would seem superfluous to add anything to show the nature of that Union, which connects us; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further development to my views on this subject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States, than the magistrate, who now addresses you. No one would make greater personal sacrifices, or official exertions to defend them from violation; but equal care must be taken to prevent, on their part, an improper interference with, or resumption of the rights they have vested in the nation. The line has not been so distinctly drawn, as to avoid doubts in some cases of the exercise of power. Men of the best intentions, and soundest views, may differ in their construction of some parts of the const.i.tution; but there are others, on which dispa.s.sionate reflection can leave no doubt. Of this nature appears to be the a.s.sumed right of secession. It rests, as we have seen, on the alleged undivided sovereignty of the States, and on their having formed, in this sovereign capacity, a compact, which is called the const.i.tution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been antic.i.p.ated.

The States severally have not retained their entire sovereignty. It has been shown, that, in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these purposes, were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the government of the United States; they became American citizens, and owed obedience to the const.i.tution of the United States, and to laws made in conformity with the powers it vested in congress. This last position has not been, and cannot be denied. How, then, can that State be said to be sovereign and independent whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard those laws when they come in conflict with those pa.s.sed by another? What shows conclusively that the States cannot be said to have reserved an undivided sovereignty, is, that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the United States.

Treason is an offence against _sovereignty_, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred because they have, for their common interest, made the general government the depository of these powers.

The unity of our political character (as has been shown for another purpose) commenced with its very existence. Under the royal government we had no separate character: our opposition to its oppressions began as _united colonies_. We were the _United States_ under the confederation, and the name was perpetuated, and the Union rendered more perfect by the federal const.i.tution. In none of these stages did we consider ourselves in any other light than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes and with defined powers, created national governments; how is it, that the most perfect of those several modes of union should now be considered as a mere league, that may be dissolved at pleasure? It is from an abuse of terms. "Compact" is used as synonymous with "league," although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say, that our const.i.tution was only a league; but it is labored to prove it a compact, (which in one sense it is,) and then to argue, that, as a league is a compact, every compact between nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the States are not sovereign, and that even if they were, and the national const.i.tution had been formed by compact, there would be no right in any one State to exonerate itself from its obligations.

So obvious are the reasons, which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those sacrifices be recalled? Can the States, who magnanimously surrendered their t.i.tle to the territories of the west, recall the grant?

Will the inhabitants of the inland States agree to pay the duties, that may be imposed without their a.s.sent, by those on the Atlantic or the Gulf, for their own benefit? Shall there be a free port in one State, and onerous duties in another? No one believes, that any right exists, in a single State, to involve the others in these and countless other evils, contrary to the engagements solemnly made. Every one must see, that the other States, in self-defence, must oppose it at all hazards.

These are the alternatives, that are presented by the convention: A repeal of all the acts for raising revenue, leaving the government without the means of support; or an acquiescence in the dissolution of our Union by the secession of one of its members. When the first was proposed, it was known, that it could not be listened to for a moment. It was known, if force was applied to oppose the execution of the laws, that it must be repelled by force; that congress could not, without involving itself in disgrace, and the country in ruin, accede to the proposition; and yet, if this is not done on a given day, or if any attempt is made to execute the laws, the State is, by the ordinance, declared to be out of the Union. The majority of a convention a.s.sembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina. It is true, that the governor of the State speaks of the submission of their grievances to a convention of all the States, which, he says, they "sincerely and anxiously seek and desire." Yet this obvious and const.i.tutional mode of obtaining the sense of the other States, on the construction of the federal compact, and amending it if necessary, has never been attempted by those, who have urged the State on to this destructive measure. The State might have proposed the call for a general convention to the other States; and congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he expressed a hope, that, "on a review by congress and the functionaries of the general government of the merits of the controversy," such a convention will be accorded to them, must have known, that neither congress, nor any functionary of the general government, has authority to call such a convention, unless it be demanded by two-thirds of the States. This suggestion, then, is another instance of the reckless inattention to the provisions of the const.i.tution, with which this crisis has been madly hurried on; or of the attempt to persuade the people, that a const.i.tutional remedy had been sought and refused. If the legislature of South Carolina "anxiously desire" a general convention to consider their complaints, why have they not made application for it, in the way the const.i.tution points out? The a.s.sertion, that they "earnestly seek" it, is completely negatived by the omission.

This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have elected delegates to a State Convention; that Convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of this Union. The Governor of that State has recommended to the Legislature the raising of an army to carry the secession into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended; and it is the intent of this instrument to proclaim, not only that the duty imposed on me by the Const.i.tution "to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such others as the wisdom of Congress shall devise and entrust to me for that purpose, but to warn the citizens of South Carolina who have been deluded into an opposition to the laws, of the danger they will incur by obedience to the illegal and disorganizing ordinance of the Convention; to exhort those who have refused to support it to persevere in their determination to uphold the Const.i.tution and laws of their country; and to point out to all the perilous situation into which the good people of that State have been led, and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support.

Fellow citizens of my native State, let me not only admonish you, as the First Magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his children whom he saw rus.h.i.+ng to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived themselves, or wish to deceive you. Mark under what pretences you have been led on to the brink of insurrection and treason, on which you stand! First, a diminution of the value of your staple commodity, lowered by over production in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws.

The effect of those laws was confessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burthens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the a.s.sertion that a submission to those laws was a state of va.s.salage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably--might be const.i.tutionally made; that you might enjoy all the advantages of the Union, and bear none of its burthens. Eloquent appeals to your pa.s.sions, to your State pride, to your native courage, to your sense of real injury, were used to prepare you for the period when the mask, which concealed the hideous features of disunion, should be taken off. It fell, and you were made to look with complacency on objects which, not long since, you would have regarded with horror. Look back to the arts which have brought you to this state--look forward to the consequences to which it must inevitably lead! Look back to what was first told you as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconst.i.tutional and intolerably oppressive; it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! This character which was given to it, made you receive, with too much confidence, the a.s.sertions that were made of the unconst.i.tutionality of the law and its oppressive effects. Mark, my fellow citizens, that, by the admission of your leaders, the unconst.i.tutionality must be _palpable_, or it will not justify either resistance or nullification! What is the meaning of the word _palpable_, in the sense in which it is here used?

that which is apparent to every one; that which no man of ordinary intellect will fail to perceive. Is the unconst.i.tutionality of these laws of that description? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of common understanding, or as imposing upon your confidence, and endeavoring to mislead you now. In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circ.u.mstance, and you will know how to appreciate the exaggerated language they address to you.

They are not champions of liberty emulating the fame of our revolutionary fathers; nor are you an oppressed people, contending, as they repeat to you, against worse than colonial va.s.salage.

You are free members of a flouris.h.i.+ng and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconst.i.tutionally pa.s.sed; but that inequality must necessily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. The nearly approaching payment of the public debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that, too, on some articles of general consumption in your State. The importance of this change was underrated, and you were authoritatively told that no further alleviation of your burthens were to be expected at the very time when the condition of the country imperiously demanded such a modification of the duties as should reduce them to a just and equitable scale. But, as if apprehensive of the effect of this change in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves.

I have urged you to look back to the means that were used to hurry you on to the position you have now a.s.sumed, and forward to the consequences it will produce. Something more is necessary. Contemplate the condition of that country of which you still form an important part. Consider its government uniting in one bond of common interest and general protection so many different States--giving to all their inhabitants the proud t.i.tle of American citizens, protecting their commerce, securing their literature and their arts; facilitating their intercommunication; defending their frontiers; and making their name respected in the remotest parts of the earth. Consider the extent of its territory; its increasing and happy population; its advance in arts, which render life agreeable; and the sciences, which elevate the mind! See education spreading the lights of religion, morality, and general information into every cottage in this wide extent of our Territories and States? Behold it as the asylum where the wretched and the oppressed find a refuge and support! Look on this picture of happiness and honor, and say--_we, too, are citizens of America!_ Carolina is one of these proud States--her arms have defended--her best blood has cemented this happy Union! And then add, if you can, without horror and remorse, this happy Union we will dissolve; this picture of peace and prosperity we will deface; this free intercourse we will interrupt; these fertile fields we will deluge with blood; the protection of that glorious flag we renounce; the very name of Americans we discard. And for what, mistaken men--for what do you throw away these inestimable blessings? for what would you exchange your share in the advantages and honor of the Union? For the dream of separate independence--a dream interrupted by b.l.o.o.d.y conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establis.h.i.+ng a separation, what would be your situation? Are you united at home--are you free from the apprehension of civil discord, with all its fearful consequences? Do our neighboring republics, every day suffering some new revolution, or contending with some new insurrection--do they excite your envy? But the dictates of a high duty obliges me solemnly to announce that you cannot succeed. The laws of the United States must be executed. I have no discretionary power on the subject--my duty is emphatically p.r.o.nounced in the Const.i.tution. Those who told you that you might peaceably prevent their execution, deceived you--they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion; but be not deceived by names; disunion, by armed force, is _treason_. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful consequences--on their heads be the dishonor, but on yours may fall the punishment; on your unhappy State will inevitably fall all the evils of the conflict you force upon the government of your country. It cannot accede to the mad project of disunion, of which you would be the first victims--its First Magistrate cannot, if he would, avoid the performance of his duty; the consequences must be fearful for you, distressing to your fellow citizens here, and to the friends of good government throughout the world. Its enemies have beheld our prosperity with a vexation they could not conceal--it was a standing refutation of their slavish doctrines, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them.

There is yet time to show that the descendants of the Pinckneys, the Sumters, the Rutledges, and of the thousand other names which adorn the pages of your revolutionary history, will not abandon that Union, to support which so many of them fought, and bled, and died.

I adjure you, as you honor their memory--as you love the cause of freedom, to which they dedicated their lives--as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. s.n.a.t.c.h from the archives of your State the disorganizing edict of its Convention--bid its members to re-a.s.semble, and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, prosperity, and honor. Tell them that, compared to disunion, all other evils are light, because that brings with it an acc.u.mulation of all. Declare that you will never take the field unless the star spangled banner of your country shall float over you; that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Const.i.tution of your country. Its destroyers you cannot be. You may disturb its peace--you may interrupt the course of its prosperity--you may cloud its reputation for stability, but its tranquility will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder.

Fellow citizens of the United States! The threat of unhallowed disunion--the names of those once respected, by whom it is uttered--the array of military force to support it--denote the approach of a crisis in our affairs, on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free governments, may depend.

The conjuncture demanded a free, a full, and explicit enunciation, not only of my intentions, but of my principles of action; and the claim was a.s.serted of a right by a State to annul the laws of the Union, and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and const.i.tutional opinion of my duties, which has been expressed, I rely, with equal confidence, on your undivided support in my determination to execute the laws--to preserve the Union by all const.i.tutional means--to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force; and, if it be the will of Heaven, that the recurrence of its primeval curse on man for the shedding of a brother's blood should fall upon our land, that it be not called down by any offensive act on the part of the United States.

Fellow-citizens! the momentous case is before you. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessings it secures to us as one people, shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new confidence in republican inst.i.tutions, and that the prudence, the wisdom, and the courage which it will bring to their defence, will transmit them unimpaired and invigorated to our children.

May the great Ruler of Nations grant that the signal blessings with which he has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost; and may His wise providence bring those who have produced this crisis to see their folly, before they feel the misery of civil strife, and inspire a returning veneration for that Union, which, if we may dare to penetrate his designs, he has chosen as the only means of attaining the high destinies to which we may reasonably aspire.

In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.

Done at the city of Was.h.i.+ngton, this 10th day of December, in the year of our Lord one thousand eight hundred and thirty-two, and of the independence of the United States the fifty-seventh.

ANDREW JACKSON.

By the President: EDW. LIVINGSTON, _Secretary of State_.

Comment upon the imperishable doc.u.ment just quoted is entirely unnecessary. It speaks for itself in thundering tones that strikes terror to the traitor's heart. Mark the clear and lucid reasoning,[3] the kind, paternal advice, the bold and manly warning that pervades this production, of the true, n.o.ble, honored patriot of the Hermitage.

For the purpose of contrasting the administration of Andrew Jackson, during the convulsion of 1832-'33, with that of James Buchanan, during our present similar condition, we will give a brief summary of the course pursued by the former:

On the 24th day of November, previous to the issuing of President Jackson's proclamation, South Carolina had, through her convention, effectually declared herself out of the Union, by an ordinance that was to take effect on the first day of February, 1833. The President, being apprehensive of trouble in collecting the duties imposed by congress in the various ports of South Carolina, and more especially at Charleston, dispatched, through his secretary of the treasury, Louis McLean, confidential orders of the most strict and positive character, to the collectors at the several ports of entry.

He writes to James K. Prinkle, Esq., collector at Charleston, ordering him to use the utmost firmness and vigilence in seeing the laws promptly executed in every particular. He ordered the revenue cutter Alert to proceed to Charleston, and, in writing to Mr. Prinkle, he says, you will, moreover, cause the officers of the cutter (showing that there were others at hand), under your direction, to board all vessels departing from the port of Charleston, and in case any shall be found without having been regularly entered and cleared in the manner required by law, to seize and detain the same, to be prosecuted according to law. The number of a.s.sistants and employees were greatly increased, and every precaution taken to prevent a surprise. But as time rolled around South Carolina, not having penetrated the purposes of President Jackson sufficiently to understand his position, felt confident in her final success, and was defiant in her att.i.tude. She began to collect her army that was to defeat the government of the United States. She had appealed to her sister States to aid her in sustaining her position. Dissatisfaction had already began to show itself in various other sections of the country. The President beheld the dangers and felt the responsibility resting upon him, and on the 10th day of December he issued his Proclamation, declaring his unalterable purpose to enforce the laws and collect the duties, and above all to stand by the Const.i.tution and the Union to the last, and warning those who were precipitating their country into a civil war to beware of the consequences and fearful responsibility they would incur by a continuance in their reckless course.

But South Carolina had gone too far to be silenced by any ordinary means.

She continued her preparations, still hoping that she could spread disaffection into other portions of the country sufficient to frighten the government into granting her demands, and many of the true friends of the Union trembled for its safety, so wide-spread was the sympathy South Carolina had enlisted. Many members of Congress were ready with their measures of pacification, each anxious to become the instrument of settling the difficulty, and perhaps immortalize his name. The horrors of civil war were as freely discussed as at the present day. Numerous were those who were ready and willing to sacrifice everything, even the dignity of the nation, to avert the dreadful calamity. But where was the brave Jackson? He was at the helm of the great s.h.i.+p of State, and although the storm was raging, and the billows threatening to engulf her or dash her to fragments on the inhospitable sh.o.r.e of anarchy, yet the brave old hero, with the Const.i.tution for his guide and the G.o.d of liberty for his counselor, bid defiance to the mutineers who were threateningly a.s.sembled around him.

On the 16th day of December he sent a special message to Congress asking for additional legislation for the purpose of meeting the exigency, he reminding them of their sworn duty to protect the Const.i.tution from every encroachment, and appealed to their patriotism, and urged them, as true Americans, to stand firmly by their country. Congress promptly responded to the call, and the President thus prepared continued the collection of customs uninterruptedly, and preserved the honor and dignity of the nation.

South Carolina, after much bl.u.s.tering and threatening, quieted down, and it is to be hoped that many of the leaders of the rebellion lived to see the folly of their acts and the wisdom of the President.

But let us look for a moment at the course James Buchanan has pursued. It is now over a year since men occupying high places in the government began to publicly avow their determination to destroy this government and involve all in one common ruin. Public speeches and the press of the country have all proclaimed the determination of certain partain parties to break up this Union. Conventions have been held and resolutions pa.s.sed declaring certain States out of the Union. a.r.s.enals have been seized, forts have been taken by bodies of armed men, public property confiscated, and an unarmed steamer, bearing the flag of the nation, has been fired into for attempting to comply with government orders--collectors of customs are arrested and tried for treason for performing their duty. The free navigation of the Mississippi is prevented; American citizens are driven out of several of the States while peaceably attending to their legitimate business, and some of the more unfortunate have suffered tarring and feathering, whipping, scourging and even death at the hands of those acting under authority, or at least within the knowledge of the authorities of the several States; and yet, after all the enumerated outrages, sufficient to disgrace even the half-civilized nation of Morocco, not one word of unqualified rebuke has James Buchanan uttered against those committing these outrages, not only against our government but the very name of humanity. Surrounded by treason in his own cabinet,[4] he has looked quietly on while his Secretary of War supplied the insurgents with government arms. Open and defiant traitors have been his daily counselors, while his imbecile, undecided course gives no one confidence in his future policy. Treason is now openly and boldly perpetrated throughout at least one-third of the entire country without the least restraint from any source whatever.

If there is to be found within the pages of history where the government of a great, powerful and prosperous nation suffered treason to spread over one-third of the entire country, coupled with the open and revolting acts of violence that have characterized this rebellion, without the first attempt to check its destructive progress, it is not within the range of my knowledge.

Although the grounds for argument to show that this government was established by the people collectively of the whole country, (and not by the several States, as claimed by some,) and that it can only be rightfully altered or abolished by a const.i.tutional majority of the same power that established it, would seem to have been entirely gone over, nevertheless we propose to introduce the additional evidence of that n.o.ble, honored statesman, and able const.i.tutional expounder, Daniel Webster.

On the 21st day of January, 1830, Mr. Hayne delivered in the Senate of the United States a very able speech advocating the right of the various States to nullify the laws of Congress in certain contingencies, or what might be more properly called the South Carolina doctrine, embracing the right to nullify the laws of Congress, or declare herself out of the Union at pleasure. His speech was considered a complete succces by the advocates of his sentiments, and was thought by them an unanswerable vindication of those principles, and when Mr. Webster undertook the task of replying to Mr. Hayne, he was met with jeers by the friends of nullication; but as the volume of his reasoning began to unfold itself, all eyes were attentively turned toward the speaker. After proceeding to state the grounds upon which was founded the pretended right to nullify the acts of Congress, Mr. Webster said:

"This leads us to inquire into the origin of this government and the source of its power. Whose agent is it? Is it the creature of the State legislatures, or the creature of the people? If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of controlling it; if it is the agent of the people, then the people alone can control it, restrain it, modify or reform it. It is observable enough, that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining, not only that this general government is the creature of the States, but that it is the creature of each of the States severally; so that each may a.s.sert the power, for itself, of determining whether it acts within the limits of its authority. It is the servant of four and twenty masters, of different wills and purposes; and yet bound to obey all. This absurdity (for it seems no less) arises from a misconception as to the origin of this government, and its true character. It is, sir, the people's const.i.tution, the people's government; made for the people; made by the people; and answerable to the people. The people of the United States have declared that this const.i.tution shall be the supreme law. We must either admit the proposition, or dispute their authority. The States are unquestionably sovereign, so far as their sovereignty is not affected by this supreme law. The State legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given power to the general government, so far the grant is unquestionably good, and the government holds of the people, and not of the State governments. We are all agents of the same supreme power, the people. The general government and the State governments derive their authority from the same source. Neither can, in relation to the other, be called primary; though one is definite and restricted, and the other general and residuary.

"The national government possesses those powers which it can be shown the people have conferred on it, and no more. All the rest belongs to the State governments, or to the people themselves. So far as the people have restrained State sovereignty by the expression of their will, in the const.i.tution of the United States, so far, it must be admitted, State sovereignty is effectually controlled. I do not contend that it is, or ought to be, controlled further. The sentiment to which I have referred propounds that State sovereignty is only to be controlled by its own 'feelings of justice;' that is to say, it is not to be controlled at all; for one who is to follow his feelings, is under no legal control. Now, however men may think this ought to be, the fact is, that the people of the United States have chosen to impose control on State sovereignties. The const.i.tution has ordered the matter differently from what this opinion announces. To make war, for instance, is an exercise of sovereignty; but the const.i.tution declares that no State shall make war. To coin money is another exercise of sovereign power; but no State is at liberty to coin money.

Again, the const.i.tution says, that no sovereign State shall be so sovereign as to make a treaty. These prohibitions, it must be confessed, are a control on the State sovereignty of South Carolina, as well as of the other States, which does not arise 'from feelings of honorable justice.' Such an opinion, therefore, is in defiance of the plainest provisions of the const.i.tution."

Mr. Webster proceeded to investigate the South Carolina doctrine as it was then termed; he referred to the resolutions of Pennsylvania and Kentucky declaring the tariff laws const.i.tutional, while in South Carolina the same laws were declared to be a palpable, deliberate usurpation of power by Congress; and in speaking of the absurdity of allowing each State to decide in such cases, he said:

"If there be no power to settle such questions, independent of either of the States, is not the whole Union a rope of sand? Are we not thrown back again precisely upon the old confederation?

"It is too plain to be argued. Four and twenty interpreters of const.i.tutional law, each with a power to decide for itself, and none with authority to bind anybody else, and this const.i.tutional law the only bond of their union! What is such a state of things but a mere connection during pleasure, or, to use the praseology of the times, _during feeling_? And that feeling, too, not the feeling of the people who established the const.i.tution, but the feeling of the State governments."

In referring to remarks made by Mr. Hayne, concerning what Mr. Hillhouse should have said about not being bound to obey an unconst.i.tutional law, Mr. Webster says:

"He quotes that distinguished senator as saying, that in his judgment the embargo law was unconst.i.tutional, and that, therefore, in his opinion, the people were not bound to obey it.

"That, sir, is perfectly const.i.tutional language. As unconst.i.tutional law is not binding; _but then it does not rest with a resolution or a law of a State legislature to decide whether an act of congress be or be not const.i.tutional_. An unconst.i.tutional act of congress would not bind the people of this District although they have no legislature to interfere in their behalf; and, on the other hand, a const.i.tutional law of congress does bind the citizens of every State, although all their legislatures should undertake to annul it, by act or resolution.

The venerable Connecticut senator is a const.i.tutional lawyer, of sound principles and enlarged knowledge; a statesman practiced and experienced, bred in the company of Was.h.i.+ngton, and holding just views upon the nature of our governments. He believed the embargo unconst.i.tutional, and so did others; but what then? Who did he suppose was to decide that question? The State legislature? Certainly not. No such sentiment ever escaped his lips."

Mr. Webster went on to ask from whence this supposed right of the States came? Where did they get the power to interfere with the laws of the Union? He contended that the notion was founded in a misapprehension of the origin of this government and of the foundation on which it stands. I hold, said he, this to be a popular government, erected by the people, those who administer it responsible to the people, and itself capable of being amended and modified just as the people may choose it should be.