SENATE.]

Mr. Foot's Resolution.

[FEB. 8, 1830.

the savages. They feel a just pride in having triumphed infancy in which it was incapable to earn its subsistence over their savage enemies, without much assistance from by its labor: and that thus, after laboring its whole life for that or any other quarter. Notwithstanding the imputed its subsistence, it dies indebted for the support of itself weakness of slavery, they were strong enough for their and mother, during their respective incapacities. foes. Kentuckians never complain: complaint is the lan- Whether this reasoning be sound or fallacious, it is guage of weakness-a language in which they never in-needless to inquire. It has the sanction of very high dulge. The Kentucky Senators perceived that the ob-names. Without being able to refute it, my feelings have ject of the Senator from Massachusetts, in complimenting always been opposed to the conclusion to which it conOhio so profusely, was really to compliment his own ducts my mind. But I have not been able, while I deState: for, in the sequel, he ascribed all the fine attributes precated slavery, to perceive any practicable mode of of character possessed by Ohio, and all their blissful ef- weeding it out from among us. The condition of free fects, to the wisdom of New England statesmen.

people of color is infinitely worse than that of the slaves. It is true, that the people of Kentucky have been a good Shunned by the whites, and not permitted to associate deal harassed by an unhappy perplexity in the titles to with the slaves, they are in a state of exile in the midst land in that State. The titles were derived mainly from of society, and hasten through immorality and crime to Virginia, and the perplexity in them, to which allusion has extinction. I would ask the gentlemen if the States of been made, could not, at that time, and under the circum- New England would agree to receive into their society stances which then existed, have been avoided by any wis- the emancipated slaves of the South and West? Sir, dom or foresight whatever. No blame attaches to Virgi-slavery has been reprobated throughout all time, but has nia or Kentucky on that account. A few years more and never ceased to exist. It has prevailed through all time, that perplexity will yield to the sacred force of proscrip- and been tolerated by philosophers and Christians, of every tion, the condition to which all titles to land must ultimate-sect and denomination, Jews, Gentiles, and Heathens. ly be reduced. But if slavery be an evil, is there not some consolation in

Yes, sir, perplexity of land titles and slavery have both the reflection that it is not unmixed--that with a large existed in Kentucky; they both still exist. The former portion of mankind it is connected with the very greatest will, with the permission of the Supreme Court, soon cease good which they enjoy. It is a fact, verified by observato exist. But will those evils be at all mitigated by their tion, that those who tolerate slavery are uniformly the introduction into this debate? Will the gratuitous men- most enthusiastic in their devotion to liberty. Montestion made of them by the honorable Senator even alle-quieu, whose name is, upon all subjects of this kind, very viate them? Slavery must continue to exist in that State, high authority, tells us that slavery is the natural state of whether for good or for evil, for years yet to come, not- man in warm, and liberty his natural state in cold climates. withstanding his kind solicitude on the subject. And I This sentiment is unhappily but too well supported by have only to tell him that it is a subject which, so far history.

as that State is concerned, belongs exclusively to herself, The barrenness of the soil in high latitudes, the quanas a sovereign State. But, as the gentleman has men- tity of labor required of all, to produce a comfortable tioned that subject, (and it is one about which no gentle-subsistence for all, and the rigors of the climate in which man from a non-slaveholding State can ever speak with any they live and toil, impress upon the people great vigor good effect, or for any good purpose) I must be permit- and hardihood of character; and qualify them to maintain ted to talk a little about it. Sir, while I do not approve and vindicate their liberty, whenever, and under whatever of slavery in the abstract, I cannot admire the morbid circumstances, it may be assailed. Amid the severity and sensibility which seems to animate some gentlemen upon gloom of the climate, and the penury of nature, they find that subject. nothing so valuable, nothing which they estimate so highly, It would appear, from the agony which the very men- as their liberty. It is to them the greatest good, and tion of slavery seems to inflict upon the feelings of the compensates for the absence of all those bounties which two Senators who have discoursed about it, that it was a nature has lavished upon the people of a warmer climate. new thing in our land; that it had never been noticed or They are necessarily free, and necessarily impressed with discussed before; or that those who had noticed and dis- the value of their freedom, and possess the inclination as cussed it, were remarkable for the callosity of their fecl-well as the power to maintain it. ings, or the obtuseness of their intellect. They seem not In Southern climates, nothing is so much dreaded as to be aware, that slavery has been not only tolerated, but exposure to the fervid rays of the sun; and scarcely any advocated by the wisest and ablest jurists that ever lived; thing is more unfeeling and oppressive than that exposure and that too upon first principles; upon the principles of is, to those who are not habituated to it. The special kindnatural justice. ness of Heaven to man is illustrated in holy writ, by refer

The jurists deduce its justification from war; as a right ence to the refreshing influence of "the shadow of a great which the captor has over the captive, whom he might rock in a weary land." In such a climate none will labor have slain. From crime; that a life forfeited by crime constantly, but those who are forced to do so; and those may be justly commuted for, or rather transmuted into, who are constrained by the force of circumstances to labor, slavery. From debt; that the debtor may justly enslave soon become reconciled to their condition. The languor himself, in payment of a debt, which he cannot otherwise inflicted by the climate disqualifies them to conquer their

pay.

From subsistence; that, in a state of population so condition, and fits them for it; and, owing to the bounty of dense as to reduce labor to its minimum price, that of nature, the labor of a comparatively small portion of the mere subsistence, those individuals who cannot otherwise people will support them all. Those who do not labor, live, may justly enslave themselves for subsistence. In while they enjoy the refreshing influence of the shade, are that state of things, the female who has thus enslaved her- left in the possession of liberty, with leisure to cultivate self becomes pregnant; during a portion of the period of its theory, and contemplate its charms, until they become gestation, she is unable, by reason of her pregnancy, to enamored with it. Liberty is the beau ideal of the Southearn her subsistence by her labor; for subsistence during ern and Western slave-holders; and indeed is more or less that period, both she and her offspring are hopeless debt- so with all the white population. Their devotion to it ors--the child, on account of the incapacity of the mother, partakes of the spirit of idolatry; and this sentiment is heightduring that time of gestation and parturition, of which it ened by the constant presence of slavery, and is more and was the occasion-the mother on her own account; so that more strengthened by the contrast which every day exhibits the infant was indebted before it was born, and becomes between their own condition and that of the slaves. further indebted for its suppet during that period of its that, if this reasoning be correct, the cause of civil liberty

So

FEB. 8, 1830.]

Mr. Foot's Resolution.

[SENATE.

is gainer by the numerical amount of her votaries, thus and the first of them has been felt as such by the people rescued from the fervors of a Southern climate. But a to an afflicting extent. But in my judgment both togethfew, instead of all the people in such a climate, are slaves; er are a very little matter, compared with the evil experiand our Northern brethren, if this theory be correct, have enced by a State whose territory belongs to the United only to lament, in common with all the disciples of liberty, States. In Kentucky, however perplexed the titles of her that nature exacts from the people of the South the tole-citizens to their lands were, the title of the State to all ration of slavery, as the only condition upon which they the territory within her limits is unperplexed, simple, and can themselves be free. Sovereign. The Senator from South Carolina, therefore, Then, sir, the toleration of slavery ought not to be could not, in all that he said in reference to the public imputed by our Northern, to their Southern brethren, as lands, have expected to operate upon Kentucky, nor could matter of reproach: for if, according to the jurists, it be he justly be suspected of an intention to propitiate the justifiable upon principles of natural justice, the people States in the valley of the Mississippi, by any thing he of each State are at liberty to tolerate it or not, as they said; because it was what they had a right to expect from may choose. It is, in that case, a mere question of policy. him, and every other member of this body. And they But if the writers on public law should in this case have ought not to be supposed to take as a favor, what they erred, and slavery is not in accordance with the laws of have just cause to demand as a right. No, sir; if there nature, the slave-holders of the South are excusable, be- was any indication given of illicit love, it was most obvicause they have been reduced, by the climate which they ously on the part of the Senator from Massachusetts, occupy, to the necessity of submitting to it, as the least towards the State of Ohio. That he had no love towards evil; and that, at last, is the alternative presented to man, Kentucky, was very obvious, and that his regards for Ohio in his progress through life, whether in his individual or were of the tenderest sort, was most obvious. Whether aggregate capacity. His choice is, in no instance, perfect she will reciprocate his love, is, I think, somewhat problegood; it is between a greater and a less evil. matical, but about that matter I have no concern. I can But is not the theory which I have been urging affirm-only say that, whatever may be the inclination of the ed and illustrated by the history of the condition of man-East, or the South, towards Kentucky, in regard to allikind in all ages? Of what instance to the contrary does ances, it may be abandoned. She is not in a wooable conhistory furnish any account? Of what Southern country dition; she is wedded to the Union, and will not hear of were the people ever free, who did not tolerate slavery? any other alliance.

There are many instances of Southern people, who tole- The Senator from Maine, too, [Mr. SPRAGUE] has given rated slavery without being free themselves; but I be-us a most glowing description, or rather depiction of New lieve there is no instance on record, of a Southern people England. He does not, as the gentleman from Massachubeing, and continuing to be, free, who did not tolerate setts did, speak of New England through Ohio. He slavery. The Jews, the Greeks, the Romans, were re-speaks right at her, and directly of her. He has told us spectively the freest people of the periods in which they of the first colonists, of the manner of their landing, and lived, and they each tolerated slavery in its most repulsive of the place at which they landed. He has described form. They, too, were greatly in advance of other na-them, not as hardy puritans, but as venerable pilgrims, tions in civilization and all the arts which embellish life. landing upon the rock at Plymouth, with the Bible in their They gave important lessons on the science of free govern-hands; yes, sir, the Holy Bible in their pious hands!! He ment to their cotemporaries, and to succeeding genera- has told us, too, that they extracted the model of their free tions. They, who but for the slavery which they tole- and happy governments from that sacred volume, and rated, would have been slaves themselves, taught mankind that they got from that same holy book those pure princihow to live free, and, what was greatly more important, ples of morality and piety, and that love of order, which how to die for the maintenance of their liberty, I do not so signally characterizes them at this day. And he has mean that the science of free government was thoroughly taken special care to inform us, that they were inspired understood by either of them. They were greatly in ad- with an emphatic abhorrence of slavery, by the divine invance of their compeers in that science, perhaps as much junction of that same sacred volume, to do unto others so as we are in advance of them. And we, I regret to as they would that others should do unto them." believe, are yet far short of perfection in it.

While the Bible furnishes the very best rules by which Whether the principles of free government will ever to regulate the conduct of individuals towards each other be so simplified as to be comprehended and understood and their Maker, I must be allowed to say, that the pilby the people generally, and whether it will be possible, grims of Plymouth must have been very ingenious to have even if such should be the fact, for them to resist success-discovered in it either the model of a free government, or fully the unceasing and almost imperceptible enactments the political principles upon which a free government can of aristocracy upon their rights, is a problem of the very be predicated--with the exception of what is called a thedeepest interest, and remains to be solved. But I have ocracy--in which the priests ruled; all the governments of been led away by this subject. It is one of great delicacy which it treats, were those of kings and judges. At and deep interest. It must not be meddled with from present, the representatives of the people of New Engabroad. The Southern and Western States cannot agree land seem to have a very decided preference for the judges. that it shall be discussed by those who can have no motives, of even a philanthropic cast, to meddle with it at all. It is exclusively their own subject, and must be left to them and the destinies.

No man can read in the Bible of a republic. Those pilgrims only took their government from the Bible, until they found leisure to make a better, and they did make, and do now enjoy, a much better government than any of which that good book speaks.

The gentleman seemed to think that the Senator from South Carolina [Mr. HAYNE] was looking out for Western Sir, I was so charmed with the eloquence of the genallies; that his object was to conciliate the West. The tleman, that I fancied for the while that New England was sentiments uttered by the Senator from the South, [Mr. a very elysium; that its surface was gently undulating, HAYNE in relation to the public lands in some of the without any abruptions, carpeted with verdure of the Western States, were elevated and just, and such as in my deepest hue, interpersed with flowers of every tint and opinion might be expected from an enlightened statesman. flavor; that the forests were composed of sacred growthsThere are no lands belonging to the United States in the the palm, the cedar, the fir tree, and olive; tenanted by State of Kentucky, and I thank heaven that such is the birds of the most varied and vivid plumage, and of exThe slavery and perplexity of land titles, which quisite notes. That the music of the grove was rendered have been imputed to Kentucky, may be very great evils, somewhat more solemn, by the plaintive cooing of the

case.

SENATE.]

Mr. Foot's Resolution.

[FLB. 8, 1830. dove, perched, not upon the withered limb of a thunder-the political doctrines advanced by the honorable gentlescathed oak, but upon the verdant bough of its own olive, man from Massachusetts, [Mr. WEBSTER.] He has assertthe tree from which it plucked the emblematic sprig ed, in the course of this debate, that the constitution of which it bore in its beak to the patriarchal voyager. That the United States was not formed by the States; that it is the venerable pilgrims sauntered upon the surface, or re-not a compact formed by the States, but a Government clined, in graceful recumbency, upon the green banks of formed by the people; that it is a popular Government, the pellucid streams, which meandered in every variety of formed by the people at large; and he adds "that, if the curve, through the stately groves, and discoursed sweet whole truth must be told, they brought it into existence, music with the pebbles, except on Sundays. That in this established it, and have hitherto supported it, for the very posture of graceful recumbency, they inhaled the oderif- purpose, among others, of imposing certain salutary reerous breezes, which gently agitated the balmy air, and straints on State sovereignties." occasionally quaffed nectar from the hand of the obseHe asserts farther, that, in forming the General Governquious Ganymedes. But when the gentleman had closed ment, the people conferred upon the Supreme Court of his description, and the illusion produced on my fancy by the United States the power of imposing these certain sahis eloquence had subsided, or, in other words, when the lutary restraints upon the sovereignty of the States. Now, poetry of his description was reduced to plain prose, sir, believing, as I do most solemnly, that these doctrines found it was all a notion. That he had been talking about strike at the root of all our free institutions, and lead directthe hardy New Englanders, and about the poor broken ly to a consolidation of the Government, I cannot refrain scrubby lands of New England, out of which the virtuous from attempting, however feeble the attempt may be, to yeomanry of that country, by the dint of persevering expose their fallacy and their dangerous tendency. It is industry, extract not only comfort, but wealth. That the the first time they have been openly avowed (so far as I fancied nectar was neither more nor less than plain New have been informed) in either House of Congress. They England rum; and that, in the generous use of it, cach were thought to be fairly inferrible from the tenor and man was his own Ganymede, and helped himself with an import of the first message of the late President Adams alacrity proportioned to his thirst. to the Congress; but they were left to inference, and were

But

Now, sir, I am willing to admit that the people of New not explicitly avowed. The recommendation of SecretaEngland have many virtues; they are honest, industrious, ry Rush, that the industry of the people should be reguenlightened, enterprising, and moderately pious. I ad-lated by Congress, must have been predicated upon his mire their free school system, and have no doubt that belief, and that of Mr. Adams, in these doctrines. it conduces greatly to the diffusion of much useful still, the friends of Mr. Adams, when these doctrines were knowledge among the mass of the people. But, after all, imputed to him, and his message quoted in support of the they are no better than they should be; no better than imputation, resisted it with warmth, and ascribed the intheir Southern or Western neighbors. The people of ferences from the message, and from the report of Secreevery State have their respective advantages and incon-tary Rush, to unkind or party feelings. Now, the explicit veniences; and are all of them more or less under the con-avowal of the honorable Senator [Mr. W.] removes all trol of circumstances, over which they have themselves doubt from the subject. We can no longer doubt as to what no control. They are all aiming at the same object, and was the political faith of Mr. Adams. His most zealous all employ such means to promote it as their condition and most distinguished apostle has avowed it. The two parpermits. To be happy is not less the aim of the people ties are now clearly distinguishable by their opposite politiof the other States, than of New England; and they per- cal tenets; the one headed by our illustrious Chief Magishaps have not been less successful than she. Let her not trate, who is the friend and advocate of the rights of the be so weak as to suppose that none can enjoy it who do States; the other party is now headed by the honorable not conform to her standard. Let all the States unite in Senator from Massachusetts, [Mr. WEBSTER] and is, as I maintaining the freedom of each, and let each be free to shall contend, and attempt to prove, in favor of a consolipursue its own happiness in its own way. Comparisons, dation of the Government--of a splendid empire. The taunts, and reproaches, can produce no good effect, and doctrine avowed is neither more nor less than that the may tend to disturb those good relations which ought to State sovereignties are merely nominal, and that the Gosubsist among the people of our Union. vernment was consolidated in its formation. How it has Let me not be understood as disparaging New England happened that this essential characteristic of the Govern in any, the slightest degree. I rank her with her sisters ment was so long kept a secret from the people of the of the Union; neither more nor less fair or accomplished States, is a matter of some mystery. Why was it not avoWthan either of them; they are all virtuous. The only ed at the time the constitution was formed? Why was freckle which I can discern on the face of New England, this disclosure reserved until this time, and for this occais, that she is sometimes a little too vain of her beauty, and sion? Is there any thing in the message of the President, too much disposed to trumpet it. I have never been in that or in the political condition of the people of the States, region; but if I were to take their late representative in this which demands its promulgation at this time? Are the body [Senator Lloyd] as the criterion by which I should people prepared, think you, to receive an entire new verjudge of them, I would certainly rate them very high. He sion of their constitution? Will they give up their depenwould have filled the character of Senator in the proudest dence upon their States, respectively, and rely upon the days of the Roman republic; no man ever occupied a seat great central Government for the protection of their lives, in the Senate of the United States who was his superior liberty, and property? Sir, I think not; they are not yet in all that constitutes excellence of character in the Sen-sufficiently tamed and subdued by the aristocracy of the ator and the gentleman. I have no prejudices against, but land, and the encroachments of the General Government rather partialities for, New England. Of one thing I am upon the rights of the States, to submit just at once. satisfied, and that is, that New England can, and will, take would ask the honorable Senator [said Mr. R.] how care of herself. My inclination is, that the other States his doctrine can be correct, consistently with the known should do the same; and that neither should unnecessarily, state of facts at the time the constitution was formed. or wantonly, intermeddle with the concerns of the others. What was the condition of the people at that time? Were But I did not rise, let me assure you, to discuss the sub-they at large, and unconnected by any political ties whatjects which I have cursorily noticed. I could not have ever? Or, were they in a state of self-government, under been tempted, by them, to encounter the embarrassment distinct political associations? It is known to every body which speaking in this body has always inflicted upon me. that the people consisted of, and constituted, thirteen disI rose mainly to enter my solemn protest against some of tinct, independent, and sovereign States. And these

FEB. 8, 1830.]

Mr. Foot's Resolution.

[SENATE.

States were connected together by a compact of union; voluntarily surrendered by him to the society; and he and that the great object of the people of the States, in agrees that he and his concerns shall thereafter be subject forming the constitution, was that declared in its proem, to the direction and control of the understanding or will to make the Union more perfect. What union, I would of the society. This contract is either express or implied, ask, or union of what? Most certainly of the States, al- but most frequently implied, and is necessarily supposed ready united, whose union was thought to be imperfect. to have been formed by every people among whom laws To give more compaction, and render more perfect, the and government are found to exist. I say necessarily: for Union of the States, was the great desideratum. To con- the power to make a law, or to govern, can be obtained solidate the Union of the States was the object of the con- upon no other supposition. It is denominated the social comstitutional compact. pact. It is the charter by which civil society is incorporatBut I desire to be informed how the people could ab-ed; by which it acquires personality and unity; by which the solve themselves from their allegiance to their respective action of all the people, by a majority, or in any other mode States, so as to be in a condition to form a National Govern- which they may designate in their constitutional compact, is ment? And what need could they have for a National considered as the action of a moral agent--of a single person. Government, before they had forn.ed themselves into a This moral agent is, in reference to its own condition and nation; and how they could form themselves into a nation, concerns, called a State-probably from the fixed and stable one nation, without abandoning, or throwing off, their condition of the people, compared with their variable and State costume, and even dissolving the compacts by which fluctuating condition in a state of nature. In reference to they were formed into States? other States it is called a nation, and acts and holds inter

We all know that there are but two conditions of man- course with them as an individual person. Much confukind. The one natural, the other artificial, or pactional.sion has arisen from the indiscriminate application of the And we know that, in a state of nature, there is no go- word State to different and distinct subjects. Sometimes vernment; that all are equal in that conlition; and when it is used to mean the Government of the State, instead of all are equal, there can be no government. The laws of the people in their political capacity. nature are the only rules of human conduct in that condi- There is nothing more common than to hear men, who tion, and each individual is his own expounder of those are even distinguished for their political knowledge, say, laws. He is the arbiter of his own rights, and the avenger that, in forming government, men surrender a portion of of his own wrongs. Such was not the condition of the their natural rights to secure the protection of the balance. people when the constitution was formed. They were Yet there is no error more palpable. If that notion were not at large, and at liberty to improve their condition by correct, the legitimate power of the State (and throughtheir confluent voice or agency. And if they had been out this argument I shall use that word to mean the peoso situated they would not have formed such a constitu- ple of the State) would be too limited for any beneficial tion as they did, as I shall attempt hereafter to show. The purpose. Then, indeed, a State would not possess soveconstitution is not adapted to the people, in any condition, reign power. The State, in that case, could not protect which, as one people, they could occupy, while it is admi- either the citizen or his property. He would not even rably adapted for their use, in their State capacities--the be a citizen: for it is in consequence of his having surrenpurpose for which it was formed. dered, not a part, but the whole, of his self-control, that

I desire further to know in what sense the words State, he is a citizen: and it is only as a citizen that a State can and people, are used by him, when he says, "The people demand any public service from him, or control him in brought it (the constitution) into existence, for the pur-any way. Neither could his property be subject to the pose, amongst others, of imposing certain salutary re-control of the State, even in reference to its protection, straints upon State sovereignties,' Indeed, I should like if the control of it all had not been surrendered in the social to know in what sense he uses the word sovereigntics, in compact. Now this individuality of the people, produced that connexion. Now, sir, I understand State to mean by the social compact, subsists while that compact lasts, the people who compose it-that it is but a name by which and it confers upon the State which it has formed, the they, in their collective capacity, are designated. By the self-preserving power to the extent of the moral and phypeople of the United States I understand the distinct col-sical energy of all. The motives which lead to the forlective bodies of people who compose the States that mation of a State can never cease to exist; a state of naare united by the Federal Constitution. And by the Unit-ture is, at all times, equally infested with insecurity and ed States I understand the distinct collective bodies of wretchedness; and, of course, there will always be the people of which the States are composed. But I shall same motives for shunning it, and it can only be avoided make myself better understood by a short analysis of the by remaining in a state of civil society. Hence, we have process by which a State is formed. no account in history of the voluntary dissolution of the The power which is exerted in governments must social compact. Civil societies have been destroyed by either have been willingly conceded by the people, or ta- earthquakes, by deluge, and by the exterminating ravaken from them against their will. If it could only be ob-ges of war, but never by a voluntary dissolution of their tained in the latter mode, there could be no free govern- social compacts. They have, to be sure, been often subments. In a state of nature, there is no power (I mean dued into vassalage, or reduced to the condition of promoral power) in one man, to direct, control, or govern vinces. Indeed, it is difficult to conceive how they could another-all are free. The evils inseparable from this con- be dissolved by the will or agency of the people who comdition need not to be enumerated by me: they have been pose them. The will of the whole is the will of one poportrayed by all other elementary writers on the science litical body, of one corporate agent; and a self-destroying of politics. It suffices to say that they are such as to in-will, or purpose, would be as unnatural in a body corpoduce those in that condition to hasten to escape from it. rate as in a body natural.

All political doctors agree in telling us that the transition Again: any attempt by any of the members of the sofrom a state of nature to a state of civil society is effected ciety to thwart or counteract the self-preserving will of by an agreement among all who are to compose the so- the whole, would be highly criminal, would be treason, ciety-of each with all, and all with each, that each, and and subject those who made the attempt to the fate which its concerns, shall be directed by the understanding, and they meditated against the body politic. protected by the force or power of all. The agreement The States, therefore, remained in full vigor while the

is reciprocal on cach with all, and of all with each. The constitution of the United States was forming. They right which cach man possessed, in a state of nature, to were not even shorn of any of their sovereign power by direct himself and his own concerns, by his own will, is that process: for the gentleman says that that instrument

SENATE.]

Mr. Foot's Resolution.

[FEB. 8, 1830.

was brought into existence, amongst other reasons, for Sir, I know that the discussion of the elementary printhe purpose of imposing certain salutary restraints upon ciples of government is dry and uninteresting; indeed, State sovereignties. all abstract discussion is so: but the Senator from Massa

Now, that which does not exist cannot be restrained. chusetts has led the way. He has made it necessary for He therefore admits the existence of the sovereignties of me, either to acquicsce in doctrines which I consider danthe States, not only at the time, but ever since the forma-gerous to the liberties of the people, or to attempt to retion of the constitution. If the sovereignty of each State fute them. Indeed, I think it is greatly to be regretted was separate and distinct, and consisted in the concen- that the true principles of our free institutions have not trated will of the people of each, by what authority could the been more frequently the subject of discussion. The people of the State of Georgia interfere in the reduction or clear comprehension and maintenance of them is esseninodification of the sovereign power of the State of Virginia? tial to the liberty of the people. To obliterate or oband if they could not interfere in the regulation of the power scure them will always be, as it always has been, the of the State of Virginia, by what mode could the people of purpose of those who would misrule and oppress the Virginia itself, other than their collective, their State capa- people. city, diminish or modify the sovereign power of that State? That the constitution must, of necessity, have been

we,

The people of no one State could interfere with the rights formed by the States, and not by the people at large, 1 of another, nor with its own, in any other capacity than have attempted to prove by referring to natural princias the collective body which composed the State. But, ples, and to the existing state of things at the time it was upon the supposition that the people of all the States, not formed. I will refer you to that instrument itself for furin their State capacities, but at large, and by their con- ther proof of that fact. I have already called your attenfluent voice or agency, formed the constitution, the dif- tion to the preamble. It is in these words: "We, the ficulty still presents itself: by what authority did all unite people of the United States, in order to form a more perin modifying the constitution of each? They had not en- fect union," &c. Let me ask again, if the words " tered all into one general compact, and thereby conferred the people of the United States," meant we, the people power upon the majority to form the constitution, by the not of the United States? Why were they termed peoadoption of the State machinery which they had thrown ple of the United States, if they considered themselves as off. This Government is not formed by the people at absolved from their State relations, and at large? Can we large, out of the exuvia of the States. But will the gen- construe the words "United States," in this connexion, tleman have the goodness to tell us what is the power, to mean the people within the outer boundaries of the exand where does it reside, which is employed in altering terior States, without reference to the States and State the constitution of a State? Does it not reside, exclusive institutions in any other sense? Are we not forbidden to ly, in the people of the State, and in their collective capa- give them this meaning by the words which follow, viz: city, and must it not be exerted in that capacity, to pro"to form a more perfect union?" The word union can duce any alteration in their constitution? And must it relate to nothing but the States. The object, as I have benot be exerted according to the mode prescribed in the fore stated, was to unite them, not the people, more perconstitution? Can the people, pursuing that mode, be fectly: Besides, a more perfect union of the people canviewed in any other than their State capacities? The gen- not be produced by a constitutional than by the social tleman, I am sure, will answer these questions in the af- compact. It is not the object of a constitution to unite firmative. Well, the State constitutions were all affect- the people. It pre-supposes their most perfect union ed, and seriously, too, by the constitution of the United under the social compact. It is owing, alone, to that States. Now, if none but the people of a State, in their pre-existing union, that they can form a constitution, or distinct State capacity, could affect its constitution, then have any need for it. It would have been inappropriate, their action, in forming the constitution of the United therefore, in the preamble to the constitution, to have States, must have been exerted in their State capacity. said "in order to form a more perfect union," in referThe States, whereby I mean the people of each, as a dis-ence to the people: besides, there was not then, nor had tinct political body, then, must have formed the constitu- there existed, any political union among the people, meretion, and not the people at large. If these views are cor-ly as people The union which existed under the arrect, how can the gentleman reconcile his idea that the ticles of confederation was a union of the States. constitution was formed by the people, and not by the form a union of the States, more perfect than the one States, with his other idea that it was formed by the peo- which then existed, was the object, I repeat, of the present ple to impose certain restraints upon State sovereignty? constitution.

To

If the people acted in their distinct State capacities, then That such was the intention of those who framed the they could consistently impose restraints upon the exer- constitution, is obvious from the structure and phraseolocise, by the States, of their sovereign power; but then gy of that instrument. In the 2d section of the 1st arthey acted as States, and imposed the restraints by com- ticle we find this provision: "The House of Represenpact; and in no other capacity could they act, nor by any tatives shall be composed of members chosen every seother mode than by compact could they achieve that ob-cond year, by the people of the several States." And ject. The social compact gives, as I have urged, unity, again," Representatives and direct taxes shall be apporcompaction, and oneness, to the people. It gives the tioned among the several States which may be included power to the State which it forms, of expressing its will within this Union." We see, from what I have read, that by a majority. And thus it acts in forming its consitu- the members were to be chosen, not by the people at tional compact, and in the exercise of its legislative power. large, but by the people of the several States, and this This power of acting by a majority would be tyranny over shows what was meant in the preamble, by the words the minority, if it had not been conceded by the social" we, the people of the United States." It shows that compact. Upon this ground, it must be obvious that the these words meant "the people of the several States." social must precede the constitutional compact, and that The people who formed the constitution were to elect the power to form the latter must be derived from the their members in the same character in which they formformer. But, until there be a State, there can be neither ed that instrument-as the people of the several States. need for a government, or the power to form it So that, if This idea is confirmed by the provision "that representathe people had not, at the time the constitution was formed, tion and direct taxes shall be apportioned among the seexisted in distinct political bodies, they must all have ex-veral States." What several States? The answer is given isted in one political body, before they could either need in the same sentence-those "which may be included a government, or possess the power to form one. within this Union." Then the Union was of States: they