to execute the laws of the Union. But I would not go a hair's breadth further than what was necessary for those purposes. Up to that point I would go, and cheerfully go; for it is my sworn duty, as I regard it, to go to that point.

Again: taking this view of the subject, South Carolina is doing. nothing more, except that she is doing it with more rashness, than some other States have done-that respectable State, Ohio, and, if I am not mistaken, the State of Virginia also. An opinion prevailed some years ago, that if you put the laws of a State into a pepal form, you could oust federal jurisdiction out of the limits of that State, because the State tribunals had an exclusive jurisdiction over penalties and crimes, and it was inferred that no federal court could wrest the authority from them. According to that principle, the State of Ohio passed the laws taxing the branch of the United States Bank, and high penalties were to be enforced against every person who should attempt to defeat her taxation. The question was tried. It happened to be my lot to be counsel at law to bring the suit against the State, and to maintain the federal authority. The trial took place in the State of Ohio; and it is one of the many circumstances which redounds to the honor of that patriotic State, she submitted to the federal force. I went to the office of the public treasury myself to which was taken the money of the Bank of the United States, it having remained there in sequestration until it was peaceably rendered, in obedience to the decision of the court, without any appeal to arms. a building which I had to pass in order to reach the treasury, I saw the most brilliant display of arms and musquetry that I ever saw in my life; but not one was raised or threatened to be raised against the due execution of the laws of the United States, when they were then enforced. In Virginia (but I am not sure that I am correct in the history of it,) there was a case of this kind. Persons were liable to penalties for selling lottery tickets. It was contended that the State tribunals had an exclusive jurisdiction over the subject. The case was brought before the Supreme Court-the parties were a Mr. Myers and somebody else, and it decided as it must always decide, no matter what obstruction-no matter what the State law may be, the constitutional laws of the United States must follow and defeat it, in its attempt to arrest the federal arm in the exercise of its lawful authority. South Carolina has attempted—and, I repeat it, in a much more offensive way, attempted to defeat the execution of the laws of the

In

United States. But it seems that, under all the circumstances of the case, she has, for the present, determined to stop here, in order that, by our legislation, we may prevent the necessity of her advancing any further. But there are other reasons for the expediency of legislation at this time. Although I came here impressed with a different opinion, my mind has now become reconciled.

us.

The memorable first of February is past. I confess I did feel an unconquerable repugnance to legislation until that day should have passed, because of the consequences that were to ensue. I hoped that the day would go over well. I feel, and I think that we must all confess, we breathe a freer air than when the restraint was upon But this is not the only consideration. South Carolina has prac tically postponed her ordinance, instead of letting it go into effect, till the fourth of March. Nobody who has noticed the course of events, can doubt that she will postpone it by still further legislation, if Congress should rise without any settlement of this question. I was going to say, my life on it, she will postpone it to a period subsequent to the fourth of March. It is in the natural course of events. South Carolina must perceive the embarrassments of her situation. She must be desirous—it is unnatural to suppose that she is not-to remain in the Union. What! a State whose heroes in its gallant ancestry fought so many glorious battles along with those of the other States of this Union-a State with which this confederacy is linked by bonds of such a powerful character! I have sometimes fancied what would be her condition if she goes out of this Union; if her five hundred thousand people should at once be thrown upon their own resources. She is out of the Union. What is the consequence? She is an independent power. What then does she do? She must have armies and fleets, and an expensive government-have foreign missions—she must raise taxes-enact this very tariff, which has driven her out of the Union, in order to enable her to raise money, and to sustain the attitude of an independent power. If she should have no force, no navy to protect her, she would be exposed to piratical incursions. Their neighbor, St. Domingo, might pour down a horde of pirates on her borders, and desolate her plantations. She must have her embassies, therefore must she have a revenue. And, let me tell you, there is another consequence-an inevitable one; she has certain description of persons recognized as property south of the Potomac, and west of the Mississippi, which would be no longer

recognized as such, except within their own limits. This species of property would sink to one-half of its present value, for it is Louisiana and the south-western States which are her great market.

But I will not dwell on this topic any longer. I say it is utterly impossible that South Carolina ever desired, for a moment, to become a separate and independent State. If the existence of the ordinance, while an act of Congress is pending, is to be considered as a motive for not passing that law, why, this would be found to be a sufficient reason for preventing the passing of any laws. South Carolina, by keeping the shadow of an ordinance even before us, as she has it in her power to postpone it from time to time, would defeat our legislation for ever. I would repeat that, under all the circumstances of the case, the condition of South Carolina is only one of the elements of a combination, the whole of which, together, constitutes a motive of action which renders it expedient to resort, during the present session of Congress, to some measure in order to quiet and tranquilize the country.

If there be any who want civil war-who want to see the blood of any portion of our countrymen spilt-I am not one of them. I wish to see war of no kind; but, above all, I do not desire to see a civil war. When war begins, whether civil or foreign, no human sight is competent to foresee when, or how, or where it is to terminate. But when a civil war shall be lighted up in the bosom of our own happy land, and armies are marching, and commanders are winning their victories, and fleets are in motion on our coast-tell me, if you can, tell me if any human being can tell its duration. God alone knows where such a war would end. In what a state will be left our institutions? In what state our liberties? I want no war; above all, no war at home.

Sir, I repeat, that I think South Carolina has been rash, intemperate, and greatly in the wrong, but I do not want to disgrace her, nor any other member of this Union. No: I do not desire to see the lustre of one single star dimmed, of that glorious confederacy which constitutes our political system still less do I wish to see it blotted out, and its light obliterated for ever. Has not the State of South Carolina been one of the members of this Union in "days that tried men's souls?" Have not her ancestors fought along side our ancestors?

Have we not, conjointly, won together many a glorious battle? If we had to go into a civil war with such à State, how would it terminate? Whenever it should have terminated, what would be her condition If she should ever return to the Union, what would be the condition of her feelings and affections; what the state of the heart of her people? She has been with us before, when her ancestors mingled in the throng of battle, and as I hope our posterity will mingle with hers, for ages and centuries to come, in the united defence. of liberty, and for the honor and glory of the Union, I do not wish to see her degraded or defaced as a member of this confederacy.

In conclusion, allow me to entreat and implore each individual member of this body to bring into the consideration of this measure, which I have had the honor of proposing, the same love of country which, if I know myself, has actuated me, and the same desire of restoring harmony to the Union, which has prompted this effort. If we can forget for a moment-but that would be asking too much of human nature-if we could suffer, for one moment, party feelings and party causes—and, as I stand here before my God, I declare I have looked beyond those considerations, and regarded only the vast interests of this united people-I should hope that, under such feelings, and with such dispositions, we may advantageously proceed to the consideration of this bill, and heal, before they are yet bleeding, the wounds of our distracted country.

IN SUPPORT OF THE COMPROMISE ACT.

IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 1833.

[The bill before noted, having been introduced and favorably reported, its passage was opposed in the Senate, especially by Mr. WEBSTER. Mr. CLAY replied to the arguments adduced against it as follows:]

BEING anxious, Mr. President, that this bill should pass, and pass this day, I will abridge as much as I can the observations I am called upon to make. I have long, with pleasure and pride, co-operated in the public service with the Senator from Massachusetts; and I have found him faithful, enlightened, and patriotic. I have not a particle of doubt as to the pure and elevated motives which actuate him. Under these circumstances, it gives me deep and lasting regret to find myself compelled to differ from him as to a measure involving vital interests, and perhaps the safety of the Union. On the other hand, I derive great consolation from finding myself on this occasion, in the midst of friends with whom I have long acted, in peace and in war, and especially with the honorable Senator from Maine, (Mr. Holmes) with whom I had the happiness to unite in a memorable instance. It was in this very chamber, that Senator presiding in the committee of the Senate, and I in committee of twenty-four of the House of Representatives, on a Sabbath day, that the terms were adjusted, by which the compromise was effected of the Missouri question. Then the dark clouds that hung over our beloved country were dispersed; and now the thunders from others not less threatening, and which have been longer accumulating, will, I hope, roll over us harmless and without injury.

The senator from Massachusetts objects to the bill under consideration on various grounds. He argues that it imposes unjustifiable restraints on the power of future legislation; that it abandons the protective policy, and that the details of the bill are practically de