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FEB. 24, 1830. }

Mr. Foot's Resolution.


rightful remedly, the very constitution which all were in times reach the disease by changing the agents who have stituted to preserve.

inisbehaved; at other times, when unable, by the tenure Thus, Mr. Jefferson says: “They contain the true of office, as in the case of the judges generally, to reach principles of the revolution of 1800, for that was as real that class of agents by new elections, they can, by cona revolution in the principles of our Governinent as that ventions, alter or abolish the whole system of government, of 1776 was in its form; not effected, indeed, by the sword, and the whole course of decisions inder them; and imas that, but by the rational and peaceable instrument of prove and create anew wliatever may have been objec. reform--the suffrage of the people. The nation declared tionable. This is a doctrine neither revolutionary nor its will be dismissing functionaries of one principle, and leading to anarchy, but rational and democratic, and lies <lecting those of another; and the two branches, the Es at the foundation of all popular Governments. But grantecutive and Legislative, submitted to their election. Overing this, the argument still holds, that, though the people the Judiciary Department the constitution had deprivedi can effect a change, yet the States, one of the parties. 10 them of their control. That, therefore, has continued the compact, cannot reach or correct what they inay decm the reprobated system; and althovi new matter hits been an erroneous decision by the agents of the other party occasionally incorporated into the old, vet the leaven of on the powers given by the compact, and especially that the old miss seeins to ass in late to tell the new; and after they cannot reach or correct an erroneous decision made twenty years' confirmation of the Federal system by the by the Supreme Court of the Union. Again, it may be voice of the nation, declared through the medium of answered, reasoning a priori, that, if this be true, it is cleepelections, ve find the Judiciary, on every occasion, still ly to be lamented, as the people seldom act unitedly or driving us into consolidation.

efficiently excepithrough their state agents--those agents "In denying the right they usurp, of exclusively ex. who come so frequently and so directly from among the plaining the constitution, I go further than you do, if I people themselves. If this be true, it is quite certain that unlerstand rightly your quotation from the Federalist, of the Supreme Court might, if so disposed, proceed, case by an opinion that the Judiciary is the last resort in relation case, from year to year, on one subject and another, in to the other departments of the Government, but not in this and that section of the Union, to give constructions to relation to the rights of the parties to the compact inder the constitution, tendling slowly, but inevitably, to a conwhich the Judiciary is clerived. If this opinion beson!, solidation of the Government, and to the utter prose then, indeed, is our constitution a complete felo de se tration of State rights: and yet the people, as a people, Por, intending to establish three departments

, co-ordinate would not widely and at once become enough excited to and independent, that they might check and balance one interpose in their primary authority, and stay or correct another, it has given, according to this opinion, to one of such encroachments. If this be true, any Supreme Court them alone, the right to prescribe rules for the Govern entertaining political views hostile to those of a majority ment of the others, and to that one, too, which is unelect- of the people, would be able, in time, by cautious ar. ed by; and independent of the nation. For experience proaches, not exciting general and deep alarm, to defeat has already shown that the impeachment it has provided the majority, to render the reservations to the States and is not even a scarecrow; that such opinions as the one people'a mere brutum fulmen, turn the doctrine of State you combat, sent cautiously out, its you observe, also, by rights into 2 jest, and ride triumpliantly over all probable detalment, not belonging to the case often, bit sought and feasible opposition. for out of it, as if to rally the public opinion beforehand There is wanting in me no respect to the members of to their views, and to indicate the line they are to walk our Supreme Court which their great personal worth in, have been so quietly passed over as never to hare ex. deserves: but I would inquire if, from the case of Mar. citer animadversion, even in a specch of any one of the bury and Madison, in 1801, down to that of the Bank and holy entrusted with impeachment. The constitution, on McCulloch in 1821, there has not been evinced on that this hypothesis, is a mere thing of wax in the hands of Bench manifest and sleepless opposition, in all cases of the Judiciary, which they may twist and shape into any a political bearing, to the strict construction of the conform they please. It should be remembered, as an axiom stitution adopted by the democracy of the Union, in the of eternal truth in politics, that whatever power in any great revolution of 1801? I say nothing now against the gyverament is independent, is absolute also; in theory honesty or legal correctness of their views in adopting only, at first, while the spirit of the people is up, but in such a construction. I speak only of the matter of fact, practice as fast as that relaxes. Independence can bc and of its political tendency; and I ask, if, while trusted no where but with the people in mass. They are the people, through their democratic agents in the Leinherently independent of all but moral law. My con- gislatures of the State and General Governments, have struction of the constitution is very different from that been, in the main, adhering to one construction—a strict you quote. It is, that each departrvent is truly indepen- and rigid construction--if their Judicial agents in the dent of the others, and has an equal right to decide for General Government have not been, with a constancy and itself what is the meaning of the constitution in the cases silence, like the approaches of death, adhering to a suhmitted to its action; and especially wiere it is to act ferent construction. Thus sliding onward to consolidation; ultimately and without appeal.

thus giving a diseased enlargement to the powers of the In eonfirmation of this, almost every Eastern constitu- General Government, and throwing chains over State ton authorizes the departments of Goverument, not Judi- rights--chains never dreamed of at the formation of the cal, to call on the judges for ail and advice merely, in General Government. What says Mr. Jefferson on this questions of difficulty, still leaving those departments headl? [4 Jefferson's Works, page 337.) to act finally on their own matured inforination, and their " But it is not from this branch of Government we have con responsibility. But all the difficulty does not arise most to fear. Taxes and short elections will keep them here. Suppose the State agents, judicial or otherwise, fright. The Judiciary of the United States is the subtle decidle wrong in the opinion of the people; or the agents corps of sappers and miners, which is constantly working of the Ciencral Government decide wrong in the opinion under ground to undermine the foundations of our confeof the people, on subjects aclmittel to be within their derated fabric. They are construing our constitution jurisdiction; is there, first, no remedy for the people from a co-ordination of a general and special Government Are not they supreme?

to a general and supreme one alone. This wil lay all A3 I before remarked, the people, in their omnipo. things at their feet, and they are too well versed in Engtence, if the case excite them enough, can, and will, in lish law to forget the maxim, .boni judicis est ampliare jusuch event, always apply a most sovereign remedy; some risdictionem.'

Vol. VI.- 24


Mr. Foot's Resolution.

(FEB. 24, 1830.


No institution, in this free country, is above just criti- constructions; when opposed to such a political operacism and fair discussion, in regard to its political views, tion of the constitution, to check or control the influence and the political consequences of its proceedings. Hence, of such a course of decisions? And, if any way does not exin the States, and every where, the field of inquiry and ist, whether the Government is not likely soon to end in comment is, and should be, open to all; and a sacredness consolidation? And whether our future Presidents and from this would render any institution a despotism. What, Vice Presidents, without reference to any of the signs then, let me ask, what have been the illustrations of the of the times about a new alliance, are not, as more than bearing of the decisions of that court upon State rights, in once intimated in this discussion, from the West and East, particular cases? At one time, has not Georgia been pros. to be lifted hereafter from that Bench, to preside over trated by a decision, in a case, feigned, or real, between the new destinies of a consolidated Government? My Fletcher and Peck? At another, Pennsylvania humbled, own answer, to some of these inquiries, is, firstly, that, by in the case of Olmstead's executors? At another, Ohio the States, as States, the erroneous decision of the Legis and Maryland subdued, in the case of McCulloch and the lative and Executive ciepartments of the General GovernBank? At another, New York herself set at defiance, in ment can generally be corrected by changing, in the the steamboat controversy? And last, if not least, New- State Legislatures, and at the ballot boxes, the agents Hampshire vanquished in the case of Dartmouth College? here who made those decisions. This has been the ord's These decisions may, or may not, have been legally right; nary remedy in ordinary cases. Another class of dec:that is not my present inquiry; but who is not struck with sions, and especially those by the Judiciary, when the the difference between the progress and effect of these judges are not removable by the people, or the States, decisions, and what was witnessed in the earlier days of or Congress, as those of the Supreme Court are not, can the republic? When Massachusetts, in the height of her be corrected, sometimes by the States, as States, througla glory, was threatened to be brought to the bar of that public expressions of opinion in their Legislatures, acting court for trial, she, in the person of Hancock, set on by their intrinsic reasoning and force on the agents a lo foot a remonstrance, and a proposed amendment of the made those decisions, and inducing them io revise and alconstitution, which her great influence carried through- ter their doctrines in future. It would not be derogatury out the Union--an amendment exempting a sovereign State to any court to listen to any expressions of opinions and there, in certain cases, from the hunilation of a trial and arguments such as those contained in the Virginia sesolutions

Even this amendment, so plausible on its face, of 1798; in the resolutions of South Carolina on the tariff: has, since 1801, been almost wholly cvaded in practice, by or in the Executive message, resolutions, and report, of suing the agents of a State, instead of the State itself. So the Legislature of New Hampshire, in 1822, on the conagain, before 1801, when Virginia, in her might and chi-structive powers claimed for the General Government. valry, took the field against the alien and scdition laws, When all these modes fail, another and decisive resort, and against the decision of the Supreme Court on their on the part of the States, is to amendments of the consticonstitutionality, an alteration of the constitution, to be tution, by the safe and large majority of three-fourths. sure, did not follow, but an alteration in the adninistra- The acknowledged power of the States, hy their resolution and the laws clid follow; and she effected the political tions and concert, in this way, to effect any changes, limirevolution which suffered those laws to expire without altations, or corrections, shows clearly that in them the renewal, and will probably prevent their re-enactment, real sovereignty between the two Goveruments is placed until democracy itself shall have become a forgotten tale. by the constitutio", and in them the final, paramount, suI shall enumerate no other cascs, ror detain the Senate premacy resides. They can alter this constitution; but by a moment's inquiry into the correctness of any of these we, here, cannot alter their constitutions. We, then, sre decisions: though it may be observed that my own State, the scrvants, and they the master. On the contrary, on an attempt to obtain lier political approbation of the clc- whatever others may hold, I do not holl that any certain cisions in the cases of Ohio and Maryland, and of the redress, beyond this, on the part of any State, can be inprinciples thereir

: involved, postponed indefinitely the terposed against such decisions of the Supreme Court as resolutions on that subject, by the following vote, in one are followed by legal process, unless that State resorts, branch of her Legislature:

successfully, to force against force, in conflict with the June 24, 1821. The Senate voted, seven to five, to Federal agents. It is admitted by me, however, that a postpone indefinitely the following, among other reso- State may resolve, may express her convictions cu the lutions :

nullity or unconstitutionality of a law or decisiou of the Resolved, That, in the opinion of this Legislature, the General Government. These doings inay work a change proceedings in the Circuit Court of the United States through public opinion, or lead to a co-operation of threefor the District of Ohio, in the before mentioned report fourths of the sister States, to correct the errors by amendstate, do not violate either the letter or the spirit of ments of the constitution. But whenever the enforcethe 11th article of the amendment of the constitution of ment of the law or decision comes within the scope of the the United States, nor constitute any just cause of com- acknowledged jurisdiction of the Supreme Court, and plaint.”

can be accomplished by legal process, I sec no way in The only time she ever expressed any opinion, as a which that court can be controlled, except by moral and State, hostile to my views concerning the powers of the intellectual appeals to the hearts and heads of her judges, General Government and its Judiciary, was in rejecting or by amendnients to the coustitution, or by the deplosathe Virginia resolutions, at an era in her politics when, ble and deprecated remedy of physical force. This lathaving just cast her votes for the elder Adams, she might ter resort I do not understand any gentleman here to apnaurally be expected to be hostile to the democratic prin- prove, until all other resorts fail; and even then, only in ciples of those resolutions.

a case where the evil suffered is extreme and palpable, It will thus be seen how the powers of the General Go- and, indeed, more intolerable and dangerous than the disvernment have been gradually brought, through one of its solution of the Government itself. departments, to bear on the States; and how the decisions Such was the doctrine of Jefferson and Madison. (lir of that department have gradually tended to the danger- ginia resolutions, p. 18.) ous enlargement of those powers. This subject has been “The resolution has accordingly giarded against any adverted to, not for the purpose of questioning the con- misapprehension of its object, by expressly requiring, for stitutional competency of that court so to decide, when it such an interposition, the case of a deliberate, palpable, thinks best, but to ask whether no way exists for the and dangerous breach of the constitution, by the exercise States, whicn opposed to the political bearing of those of powers not granted by it.' It must be a case, not of a

FEB. 24, 1830.]

· Mr. Foot's Resolution.


light and transient nature, but of a nature dangerous to subjects, have expressly, repeatedly, and from all quarthe great purposes for which the constitution was es. ters, excepted the democracy of the East; and hence I tablished.

It must be a case, moreover, not obscure see no occasion for myself, as one of that democracy, to or doubtful in its construction, but plain and palpable. enter into that part of the discussion for either inquiry or Lastly, it must be a case not resulting from a partial con- vindication. If any other political party than the demosideration, or hasty determination; but a case stamped cracy in the East has been attacked, and has felt aggrievwith a final consideration and deliberate adherence.” ed--if the peace party in the late war has met with un

Beyond these views I trust 10 member of this confeder- due serverity, they, if not their associates, will speak for acy will ever feel either the necessity or inclination to ad- themselves. But this much I will ald on the graduation vance, and thus put in jeopardy that Union which we all bill of my friend from Missouri, (Mr. Berton) and on profess so highly to prize. Most of the States, as States, his good name. I cannot agree, with the gentleman from in most of the exigencies that have arisen under the consti- Maine, (Mr. Holm KS) that they have never come to the tution, though all other efforts failed, have thought it bet- knowledge of my constituents; but, on the contrary, ter still to suffer

however they may doubt the expediency of parts of that to bear the ills we have,

bill, they stand really at all times, and on all occasions, “Than fly to others that we know not of."

so far as that democracy is represented by me, to pay due How far the official authorized State acts under Penn- homage to the vigorous intellect of its author, and to his sylvania, in the case of Olmstead; and the same authoriz. indefatigable and faithful services on this foor, not only ed State acts in Massachusetts, in withholding the mi- to the West, but the country at large, upon almost every litia from the General Government; and of Massachu- great question, agitated here since my personal acsetts, Connecticut, and Rhode Island, as States assembling quaintance with this body. Whatever others in the East b; their delegates in the Hartford Convention, in a time of may profess, I do not contend that every Western meawar, and with such objects as the late Chief Magistrate sure, whether for Internal Improvement or different obimputed to them in 1828, and the present Chief Magis-jects, has been indebted for its success to Eastern rotes; trate recognized in his letter to Mr. Monroe in 1816; and I appeal to no alliances, new or old, in confirmation how far these were exceptions from their history to the or in consequence of it; nor do I ask, like one of the genobedience of the States as States, to the laws and con- tlemen froni Maine, (Mr. SPRAGUE] one vote against the stitution, I see not, now, any pleasure, or profit, or ne- West to be judged by the motive and not its effects, another cessity, in inquiring. Every sovereign State, who has or by its effects and not the motive; one by the aid received who may, decide on forcible collision, decides for herself, of a minority from the cast of the Iludson, and another though she manifestly does it under a high responsibility by a minority northeast of the Potomac. I, for one, put to her people and the Union; and of course, must con- forth no such claims or arguments; but frankly avow, sent to be judged upon, however harshly, by public though generally supporting the Western measures before opinion, and be willing to abide on her course the de- named, i have in other cases voted against the West, as cision made by the scrutiny of argument and time. I have against the South, the Middle States, and the East

Having stated some of my deliberate views on the in- itself. But I have done it on principles of equal right, terests of the States in the public lands, and on the of general justice, and devotion to my official oath; and power of Congress in the disposal of them, and having on no principles of peculiar favoritisin to cither, except attempted to fortify those views by my opinions on the as I might know better, and love dearer, the interests and just construction of the constitution, as regards the power welfare of my immediate constituents. However scofled at of Congress to appropriate either land or money, I have for hearing "New England blood called in question, and next hastily adverted to the rights of the States and the holding silence, I claim no exemption from that frailty of people to control Congress and the Federal Judiciary, predilection towards my native soil, which, if frailty it be, when disposed to place a construction on those powers may be thought to lean on virtue's side. not in accordance with the opinion of the States and the

“ Breathis there a man wi:lı seni so dead, people.

" Who never to him.elf hath sand, Under these limitations of the constitution, as expound

“ This is my own mwy native land" ed by the State I represent, and by myself, I here pro The examination which has accompanied this debate fess, on this unpleasant controversy betứcen parts of the will not show, I believe, that the West has, in truth, been West and the East, that I am willing to go, on all subjects more benefited by different constitutional opinions, than comected with the public lands, into equal and useful she would be by those of a strict and democratic characreform in our present system of either surveys or sales. ter. All the political kindnesses which can be accorded But, I am frank to confess, I have uniformly voted against to the West on these last principles of construction, by appropriations for general surveys for roads and canals, such of the democracy of the East as entertain them, aland against donations of land or money towards roads ways has, and I am confident always will be granted with and canals, unless so far as our express contract requires cheerfulness. Thus, for one, I have voted for the imin relation to the Cuberland road, and the extension of provement of her lake barbors, and of her navigable it; or unless the roads were' mil:tary, or situated in ter- rivers, because the power of imposing tonnage duties and ritories owned by the United States. Other gentlemen imposts, by which such improvements can alone be genhave doubtless done the same, for the same reasons; erally accomplished, is expressly granted to Congress, whether from the South or East; and it is a mistake, coupled with the power to regulate commerce: for the evinced by our own records, to suppose that all, or even relief of her actual settlers on the public lands, many of a majority of the East have uniformly gone in favor of whom are hardy and honest emigrants from the East, who, these objects. On other subjects, the case may be very Aying from the blast of misfortune there, have sought an different in respect to the vote of the East or the South, asylum for all they hold dear, in the bosom of the mighty arising from local prejudices, or political opinions; but West: for the extinguishment of Indian titles, because on that question enough has been said by other gentle. we too have once had such savage neighbors, and men, and enough shown by documents and records, to often seen our dwellings in a blaze, and our wives and inrender farther comment useless, and to throw some ad- fants perish under their bloody and barbarous warfare: for ditional light and interest upon the political and party remuneration against Indian depredations, because those history of this country for the last fifty years. A further also our early settlers in the East endured frequently, reason for refraining iipon these subjects is, that the stric- and frequently beheld in a single night the total wreck-tures made here, unfavorable to the East, concerning these the smoking ruins of years of honest and patient indus.


Mr. Foot's Resolution.

(FEB, 24, 1830.

try. Lastly, I have voted for military and territorial any part in answering such angry criminations. They roads, and stand ready to vote for lowering the prices of seem only the escape of the steam from a high pressure the public funds. But, on some other questions, I have engine, fitted for an eight years' voyage; but the resse not, and canınot go with the West, any more than they having unexpectedly been compelled to stop its wheels can always go with us. In fine, whenever, under con- at the end of four years, thus lets off its heated vapor in stitutional limitations, I could confer a benefit on the new the midst of its career. I consider the debate, however, States, I have, heretofore, and will, in future, attempt it in this respect, if no other, as somewhat fortunate, since as heartily, as to confer one on Pennsylvania or South it may prevent any injury by the barsting of the boilers. Carolina ; but beyond those limitations I trust that no But, siy, averse as I anu to party bitterness, and the wholc honorable statesman from beyond the mountains-and I Senate can bear me witness that, unless in self-defence, know that none of the chivalary there, who fought with I never make either sectional, party, op personal imputathe democracy of the East, in the late war, for free trade tions; and, little regardful as I am of abuse when heaped and sailors' rights, can, for a moment, wish me to go, or only on myself--for I have long since learned to let my for a moment can question the sincerity of this avowal in life, rather than my language, answer personal slander-their behalf, or the genuine devotion to the durable we!- yet I stand in such a relation to those friends of this adfare of the West, cherished by the democracy I repre-ministration, in my owa State, as to render it tamanly sept. It has not been questioned in this elebate, by my and dishonorable to permit any imputations on them, from friend on the right or the left, (Mr. Bexron and Mr. however high sources, to pass unnoticed. Much less will Harxe) but bolli have eloquently bestowed on that de-i permit them so to p:iss, when showered unon ns eliefiy, mocracy in the East, the praises it richly deserved, and not by the South, or the West, or the Middle States, but which praises tend to bless both giver and receiver. That by persons, some of whom claim to be the only lineal sons democracy has the tics, the sympathies, and affections of of the East itself, and the real Simon Pures of all that is the heart, arising from common sufferings and sacrifices, democratic, and all that is New England; persons also, beside the political brotherhood of a common tong'e, who vauntingly march to the attack here, with eleven faith, and institutions, to bind them to the West with twelfths against the admininistration to one in its favory stronger ties than any temporary alliances, for purposes willing to repel the aggressioni, and sustain the cause of whether party or personal. Whether the same ties of its Eastern supporters. But this, I suppose, is another the heart can exist between the West and the opponents specimen of that magnanimity and true greatne 3s, wh.ch, of that democracy in the East, the peace party in war, when in a minority, always talks of lifting its quadrant to who refused relief and succor to the blecding West, it the sun, and of forgetting and forgiving by-gone strifes. is for any representatives of those opponents to show. if by-gone parties, by-gone oppositions; but which, in a the Government, or those principles of strict construc- majority, directs its vision and its wrath to the strallest tion of the constitution, cannot be prosperously adminis- light that twinkles. Let me ask, tben, more in POITEV tered, it requires no spirit of prophecy to foresee that, in than in anger, why are these aggressions made on us. a few brief years, in a new crisis approaching, and be Have any provocations been given for an attack, by Eastfore indicated, it must, as a consideration, probably cease ern men, on that part of the democracy of the East which to be administered at all. It will, in my judgment, be- supports the present administration? Had a syllable been come a government of usurped, alarining, undefined uttered here, by any of that democracy, against any of powers; and the sacred rights of the States will become their former brethren, whether or not intimating they overshadowed in total eclipse. When that catastrophe were now in other ranks, or in other alliances? Had aught more nearly approaches, unless the great parties to the been said from the East, reproaching any of them as Swiss Government shall arouse, and in some way interfere troops, coming from, or going to, the peace party in war and rescue it from consolidation, it will follow, as darkness on the contrary, not only the Eastern friends of this addoes the day, that the Government ends like all republics ministration, but the whole democratic party in the East, of olden times, either in anarchy or despotism.

whether opposers or supporters of this administration, On some accounts, sir, it would give ine most unfeigned bad been studiously, in the whole charge, excepted from pleasure could I close my remarks here. But, for an adl- any censure flung by any gentleman, on the East itself, herence to what I consider democratic doctrines, on these or on the excesses of its federalism, during the late war. and other points of controversy, and for an adherence to Thus, my friend on the left (Mr. BENTON] explicitly said, such men, wherever resident, as practise those doctrines he fiung' no reproach or complaint on the Eastern denothrough evil and through good report, it has been the lot cracy; and we have the printed, as well as spoken declaof a class of people in the East, for the list third of a rations of my friend on the right [Mr. HAINE) to the century, to be stigmatized by all the opprobricus epithets same effect, and in a strain of the highest, if not mest and insinuations which, in different stages of this debate, merited eulogy. He said: have been accumulated on such of them as support the “God forbid, sir, that he should charge the people of present administration.

Massachusetts with participating in these sentiments. The On one hand, here, these last have been alluded to as South and the West had then their friends-men who if mere worshippers of a rising sun, and for that, manufac- stood by their country, though encompassed all around tured into democrats dyed in the wool, from the very by their enemies: the Senator from Massachusetts, (Mr. doors of the Hartfordd Convention. On another hand, SILS BEE] was one of them; the Senator from Connecticut, jeered as if democratic only for an adherence to Southern (Mr. Foot) was another, and there were others now on men, and taunted as being small in number, and diminu- this floor. The sentiments I bave read were the senti. tive in importance. On another hand, stigmatized as ments of a party, embracing the political associates of the Judases and apostates from the true New England faith; gentleman from Massachusetts, (Mr. WEBSTER.]" and, in fine, loudly denounced, in cominon with all the Again, to exempt, with specific certainty, the democratic supporters of the present administration, as a heteroge- party at large, as well as the people of Massachusetts, not neous mass of renegadoes, from all parties, with ro com- in concert with the peace party, he (Mr. Harne) said: mon bond of principle or feeling, and doomed soon to “I wish to be distinctly understood, that all the remarks become an easy conquest to the courteous and modest I have made on this subject are intended to be exclusively opponents, of what is called this cruel administration. applied to a party, which I have described as the “peace Though one of the supporters of this administration, still party of New England," embracing the political associates [said Mr. W. ) nothing short of a strong sense of peculiar of the Senator from Massachusetts; a party which conduty, on this oçacsion, could have compelled me to take trolled the operations of that State during the embargo

FEB. 24, 1830.
Mr. Foot's Resolution.

(SENATE. and war, and who are justly chargeable with all the measures rousing when not attacked, but the real game pursued rousI have reprobated. Sir, nothing has been farther from ing as it feels the huntsman in the chase, and seeking to inmy thoughts than to impeach the character or conduct fuse alarm into all within its influence, and all starting aside, of the people of New England. For their steady habits, from anger or mortification that the democracy was not also and hardy virtues, I trust I entertain a becoming respect. attacked, to fasten upon our throats with all the bitterI fully subscribe to the truth of the description, (given ness of our most virulent defamers for the last third of a before the Revolution, by one whose praise is the highest century. eulogy) that the perseverance of Holland, the activity I cherish, sir, quite too much self-respect, and too great of France, and the dexterous and firm sagacity of English personal regard for that portion of the federalism of this enterprise,' have been more than equalled by this recent Union which has been honest, consistent, and faithful to people.' Hardy, enterprising, sagacious, industrious, and the country, however much we may differ in our political moral, the people of New England, of the present day, views, ever to cast on any of its number personal or party are worthy of their ancestors. Still less has it been my strictures, beyond what is necessarily involved in seitling intention to say any thing that could be construed into historical facts, and in defence of myself and my constitua want of respect for that party, who, trampling on all nar- ents. But I shall endeavor, with all the decorum so exrow sectional feelings, have been true to their principles citing a subject permits, to show, if God spares me in the worst of times—I mean the democracy of New strength, that the imputations before enumerated, come England. I will declare that, highly as I appreciate the whence they may, are the worst kind of revilings from democracy of the South, I consider even higher praise to a very ancient school of politics in the East, and that they be due to the democracy of New England, who have are just as unfounded now as the atrocious slanders were maintained their principles through good and through evil which have been uttered by heated partisans against this report;' who, at every period of our national history, have same democracy in every great political struggle for thirty stood up manfully for their country, their whole coun- years past. It matters not who utters them-whether some try, and nothing but their country. In the great political of the authors have always claimed to support republicanrevolution of '98, they were found united with the demo-ism, as opposed to federalism, or some have never so cracy of the South, marchung under the banner of the claimed; or whether some of them, during the whole adconstitution, led on by the patriarch of liberty, in search ministration of the writer of the Declaration of Indepenof the land of political promise, which they lived not only dence, marched tog ther, shoulder to shoulder, in opposito behold, but to possess and to enjoy. Again, sir, in the tion to that administration, as they now march in opposidarkest and gloomiest period of the war, when our coun- tion to this, or not. But the scuffs themselves have intertry stood single handed against the conqueror of the nal evidence of their character, which no professions can conquerors of the world'--when all about and around rebut: they smell of a lamp, they spring from a school not them was dark and dreary, disastrous and discouraging, to be mistaken. Whoever unites in these scoffs cannot they stood a Spartan band in that narrow pass, where complain if judged by the maxiin, noscitur a sociis. They the honor of their country was to be defended, or to find are the old lessons of an old school. The stain and brand its grave. And in the last great struggle, involving, as can no more be torn off, than Hercules could tear off the we believe, the very existence of the principle of popular poisoned robe of Nessus. sovereignty, where were the democracy of New England? Under the lead, then, which all have witnessed, that Where they always have been found, sir; struggling side part of the democracy of the East, friendly to the present by side with their brethren of the South and the West for administration, have first been kindly reminded that they popular rights, and assisting in that glorious triumph by are a new manufacture; and next, that their democracy which the man of the people was elevated to the highest chiefly consists in their adherence to Southern men and office in their gift.”

Southern measures. How novel and how true are these Thus has he so ably and eloquently poured upon our taunts, will be seen in a moment, by " setting history democracy every commendation they deserve, and for right." which he is entitled to most grateful thanks, both from Had gentlemen forgotten that the seeds of division were myself and them; and thus the naked truth puts to rest the sown in the East, early as 1791, and that, whoever then attempts since made to pervert his remarks into a sectional rose above sectional views, and pursued an independent attack on the whole East, and to excite improper and and democratic course on public measures, was jeered at unfounded prejudice against the South and West, as if by some, in such language as once they applied to Han. they had put “the whole East to the ban of the empire.” cock: he “is with the Yorkers and Southern basbaws?

But, in truth, the sectional attempts to inflame public Repeated from the same quarter in 1798, against the insentiment will appear to have come from the East itself, trepid Langdon: that he was “a slave-an apostate to the if not from some of that party there which alone was cen- South,” because he was averse to the principles and polisured; and the injunctions of Washington against such cy of the then administration, and rose against it and above sectional appeals, which have been read us, might well sectional clamor and Massachusetts dictation, supposing furnish admonitions against the course pursued by thos. that New Hampshire “ was, and of right ought to be,” as on my right, who have read them, (Mr. Noble and Mr. independent of her, as of Georgia or Kentucky, and that Holmes,)

any other course by her delegates here would indeed be “ One of the expedients of party to acquire influence apostacy, degrading apcstacy from democratic principles, within particular districts, is to misrepresent the opinions and all those holy and inspiring sentiments of pride and and aims of other districts. You cannot shield yourselves patriotism which ought to govern a free and sovereign too much against the jealousies and heart burnings which State, and any delegates worthy of a free and sovereign spring from those misrepresentations; they tend to render State. Echoed again, in 1808, against the last Presialien to each other those who ought to be bound together dent, when professing democracy, and moulded into every by fraternal affection." [5 Marshall's Wash. 300.] variety of bitterness, and, peradventure, from some of the

With a charge, then, against only the leaders of the same lips now repeating the sarcasms against us, that he peace party in war, what have we seen in reply? Not an was seduced by the South, and was a Judas and traitor to avowed defence of that party, which alone was assailed, New England, because he denounced what he called and which, by its representation here, commenced the as “ narrow" and " sectional” schemes, in the East, tending sault on my friend upon the right, by taunts against the to disunion and treason. Re-echoed in 1812 against one South; but we have invocations to forgetfulness, we have of your distinguished predecessors in that chair, the revoprotestandos and disclaimers. Not the lions of democracy lutionary veteran Gerry; and many others in favor of that

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