Sir, if Congress should ever attempt to enforce any such laws, they would put themselves so clearly in the wrong, that no one could doubt the right of the State to exert its protecting power.

Sir, the gentleman has alluded to that portion of the militia of South Carolina with which I have the honor to be connected, and asked how they would act in the event of the nullification of the tariff law by the State of South Carolina? The tone of the gentleman, on this subject, did not seem to me as respectful as I could have desired. I hope, sir, no imputation was intended.

[JAN. 27, 1830.

"little stars hide their diminished heads. beams the Our's, sir, is the banner of the constitution: the twentyfour stars are there, in all their undiminished lustre: on it is inscribed, Liberty-the Constitution-Union. We offer up our fervent prayers to the Father of all Mercies that it may continue to wave, for ages yet to come, over a free, a happy, and a united people.

Mr. WEBSTER now took the floor, in conclusion, and said: A few words, Mr. President, on this constitutional argument, which the honorable gentleman has labored to re

construct.

His argument consists of two propositions, and an infer-
His propositions are-

ence.

[Mr. WEBSTER. "Not at all; just the reverse."] Well, sir, the gentleman asks what their leaders would be able to read to them out of Coke upon Littleton, or 1. That the constitution is a compact between the States. any other law book, to justify their enterprise? Sir, let 2. That a compact between two, with authority reservme assure the gentleman that, whenever any attempted to one to interpret its terms, would be a surrender to shall be made from any quarter, to enforce unconstitu- that one, of all power whatever.

powers.

tional laws, clearly violating our essential rights, our 3. Therefore, (such is his inference) the General Goleaders (whoever they may be) will not be found reading vernment does not possess the authority to construe its own black letter from the musty pages of old law books. They will look to the constitution, and when called upon, by the sovereign authority of the State, to preserve and protect the rights secured to them by the charter of their liberties, they will succeed in defending them, or "perish

in the last ditch."

Now, sir, who does not sec, without the aid of exposi tion or detection, the utter confusion of ideas, involved in this, so elaborate and systematic argument?

The constitution, it is said, is a compact between States; the States, then, and the States only, are parties to the Sir, I will put the case home to the gentleman. Is compact. How comes the General Government itself a there any violation of the constitutional rights of the party? Upon the honorable gentleman's hypothesis, the States, and the liberties of the citizen, (sanctioned by Con- General Government is the result of the compact, the gress and the Supreme Court) which he would believe it creature of the compact, not one of the parties to it. Yet to be the right and duty of a State to resist? Does he the argument, as the gentleman has now stated it, makes contend for the doctrine of "passive obedience and non- the Government itself one of its own creators. It makes resistance?" Would he justify an open resistance to an it a party to that compact to which it owes its own existence. act of Congress sanctioned by the courts, which should For the purpose of erecting the constitution on the basis abolish the trial by jury, or destroy the freedom of reli- of a compact, the gentleman considers the States as pargion, or the freedom of the press? Yes, sir, he would ad- ties to that compact; but as soon as his compact is made, vocate resistance in such cases; and so would I, and so then he chooses to consider the General Government, which would all of us. But such resistance would, according is the offspring of that compact, not its offspring, but one to his doctrine, be revolution; it would be rebellion. Ac-of its parties; and so, being a party, has not the power of cording to my opinion, it would be just, legal, and consti- judging on the terms of compact. Pray, sir, in what tutional resistance. The whole difference between us, school is such reasoning as this taught? then, consists in this. The gentleman would make force If the whole of the gentleman's main proposition were the only arbiter in all cases of collision between the States conceded to him, that is to say-if I admit for the sake of and the Federal Government. I would resort to a peace- the argument, that the constitution is a compact between ful remedy, the interposition of the State to "arrest the States, the inferences which he draws from that proposi-progress of the evil," until such time as "a convention tion are warranted by no just reason. Because, if the con(assembled at the call of Congress, or two thirds of the stitution be a compact between States, still, that constituStates) shall decide to which they mean to give an au- tion, or that compact, has established a Government, with thority claimed by two of their organs." Sir, I say with certain powers; and whether it be one of those powers, Mr. Jefferson, (whose words I have here borrowed) that that it shall construe and interpret for itself the terms of "it is the peculiar wisdom and felicity of our constitu- the compact, in doubtful cases, can only be decided by tion to have provided this peaceable appeal, where that of looking to the compact, and inquiring what provisions it other nations" (and I may add that of the gentleman) "is contains on this point. Without any inconsistency with at once to force." natural reason, the Government, even thus created, might The gentleman has made an eloquent appeal to our be trusted with this power of construction. The extent aearts in favor of union. Sir, I cordially respond to that of its powers, therefore, must still be sought for in the inappeal. I will yield to no gentleman here in sincere at-strument itself. tachment to the Union; but it is a union founded on the If the old confederation had contained a clause, declarconstitution, and not such a union as that gentleman would ing that resolutions of the Congress should be the supreme give us, that is dear to my heart. If this is to become one law of the land, any State law or constitution to the congreat "consolidated Government," swallowing up the trary notwithstanding, and that a committee of Congress, rights of the States, and the liberties of the citizen, "rid- or any other body created by it, should possess judicial ing over the plundered ploughmen and beggared yeoman- powers, extending to all cases arising under resolutions of ry," the Union will not be worth preserving. Sir, it is Congress, then the power of ultimate decision would have because South Carolina loves the Union, and would pre- been vested in Congress, under the confederation, alserve it forever, that she is opposing now, while there is though that confederation was a compact between States; hope, those usurpations of the Federal Government and for this plain reason, that it would have been compewhich, once established, will, sooner or later, tear this tent to the States, who alone were parties to the compact, Union into fragments. The gentleman is for marching to agree who should decide in cases of dispute arising on under a banner, studded all over with stars, and bearing the the construction of the compact. inscription Liberty and Union. I had thought, sir, the gentleman would have borne a standard, displaying in its ample folds a brilliant sun, extending its golden rays from the centre to the extremities, in the brightness of whose

For the same reason, sir, if I were now to concede to the gentleman his principal propositions, viz. that the constitution is a compact between States, the question would still be, what provision is made, in this compact, to settle

JAN. 28, 1830.]

Political History-Mr. Bayard.

[SENATE

We

points of disputed construction, or contested power, that before 1789. He describes fully that old state of things shall come into controversy? And this question would still then existing. The confederation was, in strictness, a be answered, and conclusively answered, by the constitu- compact; the States, as States, were parties to it. tion itself. While the gentleman is contending against had no other General Government. But that was found construction, he himself is setting up the most loose and insufficient, and inadequate to the public exigencies. The dangerous construction. The constitution declares that people were not satisfied with it, and undertook to estathe laws of Congress shall be the supreme law of the land. blish a better. They undertook to form a General GoNo construction is necessary here. It declares, also, with vernment, which should stand on a new basis--not a conequal plainness and precision, that the judicial power of federacy, not a league, not a compact between States, but the United States shall extend to every case arising under a constitution; a popular Government, founded in popular the laws of Congress. This needs no construction. Here election, directly responsible to the people themselves, is a law, then, which is declared to be supreme; and here and divided into branches, with prescribed limits of powis a power established, which is to interpret that law. er, and prescribed duties. They ordained such a GovernNow, sir, how has the gentleman met this? Suppose the ment; they gave it the name of a constitution, and therein constitution to be a compact, yet here are its terms, and they established a distribution of powers between this, how does the gentleman get rid of them? He cannot ar- their General Government, and their several State Gogue the seal off the bond, nor the words out of the instru- vernments. When they shall become dissatisfied with this ment. Here they are-what answer does he give to them? distribution, they can alter it. Their own power over None in the world, sir, except that the effect of this would their own instrument remains. But, until they shall alter be to place the States in a condition of inferiority; and be- it, it must stand as their will, and is equally binding on the cause it results, from the very nature of things, there be- General Government and on the States.

ing no superior, that the parties must be their own judges! The gentleman, sir, finds analogy, where I see none. Thus closely and cogently does the honorable gentleman He likens it to the case of a treaty, in which, there being reason on the words of the constitution. The gentleman no common superior, each party must interpret for itself, says, if there be such a power of final decision in the Ge- under its own obligation of good faith. But this is not a neral Government, he asks for the grant of that power. treaty, but a constitution of Government, with powers to Well, sir, I show him the grant--I turn him to the very execute itself, and fulfil its duties. words-I show him that the laws of Congress are made I admit, sir, that this Government is a Government of supreme; and that the judicial power extends, by express checks and balances; that is, the House of Representatives words, to the interpretation of these laws. Instead of an-is a check on the Senate, and the Senate is a check on the swering this, he retreats into the general reflection, that it House, and the President is a check on both. But I canmust result, from the nature of things, that the States, being not comprehend him, or, if I do, I totally differ from him, parties, must judge for themselves. when he applies the notion of checks and balances to the interference of different Governments. He argues that, if we transgress, each State, as a State, has a right to check us. Does he admit the converse of the proposition, that we have a right to check the States? The gentleman's doctrines would give us a strange jumbie of authorities and powers, instead of Governments of separate and defined powers. It is the part of wisdom, I think, to avoid this; and to keep the General Government and the State Governments, each in its proper sphere, avoiding, as carefully as possible, every kind of interference.

I have admitted, that, if the constitution were to be considered as the creature of the State Governments, it might be modified, interpreted, or construed, according to their pleasure. But, even in that case, it would be necessary that they should agree. One, alone, could not interpret it conclusively; one, alone, could not construe it; one, alone, could not modify it. Yet the gentleman's doctrine is, that Carolina, alone, may construe and interpret that compact which equally binds all, and gives equal rights to all.

So then, sir, even supposing the constitution to be a compact between the States, the gentleman's doctrine, never- Finally, sir, the honorable gentleman says, that the theless, is not maintainable; because, first, the General States will only interfere, by their power, to preserve the Government is not a party to that compact, but a Govern- constitution. They will not destroy it, they will not imment established by it, and vested by it with the powers of pair it-they will only save, they will only preserve, they trying and deciding doubtful questions; and, secondly, be- will only strengthen it! Ah, sir, this is but the old story. cause, if the constitution be regarded as a compact, not All regulated Governments, all free Governments, have one State only, but all the States, are parties to that com- been broken up by similar disinterested and well disposed pact, and one can have no right to fix upon it her own pe- interference! It is the common pretence. But I take culiar construction. leave of the subject.

But,

[Here the debate closed for this day.]

So much, sir, for the argument, even if the premises of the gentleman were granted, or could be proved. sir, the gentleman has failed to maintain his leading propoTHURSDAY, JANUARY 28, 1830. sition. He has not shown, it cannot be shown, that the The Senate resumed the consideration of the resolution movconstitution is a compact between State Governments. The constitution itself, in its very front, refutes that proed by Mr. FOOT-Mr. BENTON being entitled to the floor. position: it declares that it is ordained and established by POLITICAL HISTORY--MR. BAYARD. the people of the United States. So far from saying that Mr. CLAYTON said that he desired the permission of it is established by the Governments of the several States, the Senator from Missouri [Mr. BENTON] to call the attenit does not even say that it is established by the people of tion of two of the honorable members of this body, Mr. the several States; but it pronounces that it is established SMITH, of Maryland, and Mr. LIVINGSTON, of Louisiana, by the people of the United States in the aggregate. The to a passage in a book which had been cited in this debate gentleman says, it must mean no more than that the people by the Senator from South Carolina, [Mr. HAYNE] as auof the several States, taken collectively, constitute the thority on another subject. He did not rise for the purpeople of the United States; be it so, but it is in this, their pose of discussing the resolution itself. In the wide range collective capacity; it is as all the people of the United of the debate here, the Northeastern and Southern sections States that they establish the constitution. So they de- of the country had been arrayed against each other. He clare; and words cannot be plainer than the words used. listened to the discussion without any intention of particiWhen the gentleman says the constitution is a compact pating in it, while the State which he had the honor, in between the States, he uses language exactly applicable to part, to represent, had escaped unscathed by the controthe old confederation. He speaks as if he were in Congress versy. Though favorable to the resolution, as a mere pro

SENATE.]

The General Debate, &c.-Political History--Mr. Bayard.

[JAN. 29, to FEB. 1, 1830.

position to inquire, he felt but little interest in such con- could he have anticipated it. Mr. B. then proceeded in tentions between the North and South; and his only his speech commenced on the 20th of January, but, bedesire in relation to that subject was, that the warmth of fore he concluded, he was induced to give way for a mothe discussion might have no tendency to alienate one por- tion for adjournment. tion of our country from the other. But his attention had been called, by a number of members of the Senate, to a passage in the same book; another part of which had been referred to by the Senator from South Carolina. subscription on the part of the Senate to a proposed comThe Senate, after discussing a resolution authorizing a That passage charged an illustrious statesman, who for-pilation of Public Documents by Gales and Seaton, admerly occupied the seat of a Senator here, and whose me- journed over to Monday.

mory and fame were dear to himself and to the people he represented, with atrocious corruption, of which he was convinced that great and good man could never have been guilty; and as the witnesses referred to in the book itself were present, and ready to give testimony to set the charge at rest, he hoped he should be pardoned for referring to the objectionable passage in their presence.

FRIDAY, JANUARY 29, 1830.

MONDAY, FEB. 1, 1830.

POLITICAL HISTORY--MR. BAYARD. Mr. BENTON was entitled to the floor, but Mr. HAYNE rose and said, before the Senator from Missouri proceeded further in the debate, he considered it his He then read, from the fourth volume of Jefferson's duty to notice an occurrence which had taken place here, Memoirs, page 515, (the same volume which had been when this subject was last under consideration. brought into the Senate by General HAYNE) the following honorable Senator from Delaware, [Mr. CLAYTON] rose in his place, and, taking up a volume of Jefferson's

passage:

An

"FEBRUARY THE 12TH, 1801.-Edward Livingston tells Memoirs, which I had introduced into this chamber, read me that Bayard applied to-day, or last night, to General a passage implicating the late Mr. Bayard in an attempt Samuel Smith, and represented to him the expediency of to bring over General Samuel Smith, of Maryland, to his coming over to the States who vote for Burr; that there the support of Colonel Burr, in the celebrated political was nothing in the way of appointment which he might contest of 1801. The gentleman then appealed to the Senot command, and particularly mentioned the Secretary-nators from Maryland and Louisiana, [Mr. SMITH and Mr. ship of the Navy. Smith asked him if he was authorized LIVINGSTON] to say whether they had any recollection of to make the offer. He said he was authorized. Smith the occurrence to which Mr. Jefferson alludes, and those told this to Livingston, and to W. C. Nicholas, who con- gentlemen having replied in the negative, the Senator from firms it to me," &c. Delaware then stated, that he now considered the vindication of Mr. Bayard to be complete, and went on to make some remarks, which I did not distinctly hear, but which have been supposed, contrary, I must presume, to that gentleman's intention, to cast imputation on the reputation, and even on the veracity of Mr. Jefferson. I find too, sir, that an impression has gone abroad, that I had myself referred to, and relied on, the very passage in which Mr. Bayard is supposed to be implicated. It is my present object [said Mr. B.] to correct these errors; and to prevent any possible misconstruction either as to my own course, or that of the gentleman from Delaware. I re

Mr. CLAYTON then called upon the Senators from Maryland and Louisiana, referred to in this passage, to disprove the statement here made.

Mr. SMITH, of Maryland, rose and said, that he had read the paragraph before he came here to-day, and was, therefore, aware of its import. He had not the most distant recollection that Mr. Bayard had ever made such a proposition to him. Mr. Bayard [said he] and myself, though politically opposed, were intimate personal friends, and he was an honorable man. Of all men Mr. Bayard would have been the last to make such a proposition to any man; and I am confident that he had too much respect ferred to the Memoirs of Mr. Jefferson for the purpose of for me to have made it, under any circumstances. I never received from any man, any such proposition.

Mr. LIVINGSTON, of Louisiana, said, that, as to the precise question which had been put to him by the Senator from Delaware, he must say, that, having taxed his recollection as far as it could go, on so remote a transaction, he had no remembrance of it.

availing myself of his political principles, and declared opinions, in relation to the tariff, and Internal Improvements, and the great question of State rights, then in controversy between the Senator from Massachusetts [Mr. WEBSTER] and myself. I relied on the authority of Mr. Jefferson but for a single fact, incidentally introduced into the debate, which was, that Mr. Adams had informed Mr. CLAYTON said his purpose had been achieved. him of certain designs on the part of the New England He thought it his duty to vindicate the honor and fame of Federalists, for a dissolution of the Union, during the emhis predecessors against unjustifiable imputations, no mat-bargo. That such a communication was actually made to ter to what party they may have belonged. The charac- Mr. Jefferson, has been publicly acknowledged by Mr. ter of the illustrious Bayard would, he trusted, stand for- Adams himself. For the memory of Mr. Bayard, Í have ever untarnished by the charge of corruption. He should always entertained too much respect to have permitted have thought himself recreant in duty to the people of me to mention his name otherwise than with becoming rethe State he, in part, represented, to the memory of one spect. I had early learned to respect that gentleman, who once filled the same place which he now occupied, if from his high character and public services; and I was he had not seized the first opportunity in his power, after taught to revere his memory by my friend from Delaware, the public appearance of this volume on the floor of the [Mr. McLane] who sat so long by my side in this chamber, Senate, to disprove the charges to which he had this day and who is now doing honor to himself and his country in called their attention. He thought there were other one of our highest diplomatic trusts abroad. But, sir, charges in that volume against other distinguished men of without proposing to enter into the examination of the this country, equally unfounded. [Subsequently, upon question, I will merely remark, that I think the memoransome remarks from Mr. BENTON, he said, he wished it to dum made by Mr. Jefferson, 12th February, 1801, is susbe distinctly understood, that it was no part of his purpose ceptible of an easy explanation, without the impeachment to tarnish the fame of Mr. Jefferson. His object was not of any of the parties. For my own part, I can have no accusative, but entirely exculpatory.] doubt, when Mr. Jefferson made the entry in his note book, Mr. BENTON entered his protest against this mode of on the very day on which the transaction took place, that introducing extraneous questions here, and regretted that he actually received the impression which he states from he had given way to Mr. CLAYTON, for a purpose to the conversation of one at least of the gentlemen named; which, he said, he would not have been instrumental, and yet, sir, what can be more natural than to suppose

FE. 2, 1830.]

Mr. Foot's Resolution.

[SENATE.

that a loose and careless conversation, reaching Mr. Jef- professions, and would not pluck a flower from the chapferson through circuitous channels, may have been entire-let of his fame. But at every hazard--let the consequen ly misunderstood? A familiar, a pleasant conversation, ces fall where they may--I will repel every imputation, between Mr. Bayard and his friend General Smith, on the like that contained in the memoir, upon the memory of political prospects of the latter gentleman, (then as bright Mr. Bayard, who, at the very period referred to, held the as those of any man in the country) repeated by him care-vote of my native State in his hand, and whose honor in lessly, or probably in jest, may have for a short time made that transaction cannot be touched without a reflection upan impression on the minds of Mr. Livingston and Wilson on the State herself. Her maxim will ever be, whether Cary Nicholas, which these gentlemen, or one of them, she speaks here by me as her Representative, or by any assuredly conveyed to Mr. Jefferson. Sir, a very few days otherprobably cleared up the mystery, and put all matters right, "To thine own self be true; and therefore it was immediately forgotten by the parties "And it must follow, as the night the day, "Thou cans't not then be false to any man." concerned. This explanation is to my mind entirely satisfactory. I do not make these remaks because I suppose this occurrence by the Senator from Missouri, let this subAnd now, having repudiated the inference drawn from any vindication of the reputation of Mr. Jefferson to be necessary. That rests on a foundation that cannot be sha-ject henceforth and forever sleep with the illustrious dead ken. The time was, sir, when a large portion of the peowho have formed the topic of this desultory discussion. ple were taught to believe that Mr. Jefferson was destitute THE RESOLUTION OF Mr. FOOT. of every principle, political, moral, and religious: while, Mr. BENTON then rose, and proceeded to address the by his political friends, no man was ever so much admired, Senate about an hour, in continuation of his remarks on respected, and beloved, he was feared, and hated, slan-Mr. FOOT'S resolution. dered, and reviled, by his enemies. In one respect, however, he was certainly the most fortunate of men. having out-lived the gratitude and affection of his friends, he lived down the hostility of his enemies. Time and op: portunity convinced all parties, that, in that great and good man were found, in happy combination, all those extraor dinary endowments, and rare virtues, which made him an honor to the age in which he lived. Sir, he descended to the tomb, not only "full of years and full of honors," but occupying, at the moment when he closed his mortal career, the very first place in the hearts of millions of free

men.

Not

TUESDAY, FEBRUARY 2, 1830,

Mr. BENTON again rose, and spoke more than two hours, in conclusion of his speech, commenced on a former day.

Mr. SPRAGUE next rose to address the Senate on the

subject, and had proceeded near half an hour, when he gave way for a motion to adjourn.

[The following speech of Mr. BENTON was commenced January 20th, and continued for some time, when Mr. WEBSTER having come in, Mr. BENTON gave way to Mr. Mr. CLAYTON said that he had already announced his HAYNE, by whom and Mr. W. the floor was occupied four intention in regard to this matter to have been entirely ex-days. It was not till the discussion between them was culpatory; but he was willing to avail himself of another over, that Mr. BENTON proceeded with his speech, in opportunity of making the same declaration, to prevent any doing which he replied to many things said by Mr. W. misapprehension. On Thursday, while this resolution was in his debate with Mr. HAYNE. In reporting Mr. B's under consideration, and before the Senator from Missou-speech, it was deemed best to keep it united, and it is here ri [Mr. BENTON] had commenced his reply to the Senator given entire, as it was delivered from day to day.] from Massachusetts, he desired permission to put a quesMr. BENTON said he could not permit the Senate to tion to the gentlemen from Maryland and Louisiana, for adjourn, and the assembled audience of yesterday to sethe purpose of correcting an error in a volume cited in the parate, without seeing an issue joined on the unexpected debate, which, on account of the extraordinary imputation declaration then made by the Senator from Massachusetts it cast upon the memory of one now in his grave, who held [Mr. WEBSTER]-the declaration that the Northeast seca distinguished rank among the statesmen of this country, tion of the Union had, at all times, and under all circumhad become the subject of general conversation here, and stances, been the uniform friend of the West, the South to which his attention had been repeatedly called by other inimical to it, and that there were no grounds for asserting gentlemen. He at that time saw the gentlemen from Ma-the contrary. Taken by surprise, as I was, [said Mr. ryland and Louisiana in their seats; and as so favorable an BENTON] by a declaration so little expected, and so much opportunity then offered of removing the effects of an er- in conflict with what I had considered established history, ror, which, without their evidence, could never be so sa- I felt it to be due to all concerned to meet the declaration tisfactorily corrected, he chose to avail himself of it. My upon the instant--to enter my earnest dissent to it, and to object [said Mr. C.] was fully obtained. The Senator support my denial by a rapid review of some great hisfrom South Carolina [Mr. H.] did not understand me as torical epochs. This I did upon the instant, without a saying aught against Mr. Jefferson; but the Senator from moment's preparation, or previous thought; but I checked Missouri chose to work himself up into a most patriotic ex-myself in an effusion, in which feeling was at least as precitement, denouncing the proceeding as an attack upon dominant as judgment, with the reflection that issues of Mr. Jefferson. It is true, as he has stated, that I did not fact, between Senators, were not to be decided by bandyconsult him in regard to the proceeding. I chose to fol- ing contradictions across this floor; that it was due to the low my own course: I would pursue the same course again, dignity of the occasion to proceed more temperately, and and it is now to me a matter of no very great importance with proof in hand for every thing that I should urge. I then whether he approves it or not. As to the charge of an at- sat down with the view of recommencing coolly and retack upon Mr. Jefferson, as the Senator sat at some dis-gularly as soon as I could refresh my memory with dates tance from me, he may have misapprehended my observa- and references. The warmth of the moment prevented tion; and whether he did or not, it is not my purpose now me from observing what was most obvious-namely, that to inquire, but protest against all his inferences on the sub- the resolution under discussion was itself the most pregject, if drawn from my remarks, as unfounded and gratu- nant illustration of my side of the issue. It is a resolution itous. Every honorable man will appreciate my motives. of direst import to the new States in the West, involving I think that the gentleman might have put a charitable in its four foldaspect, the stoppage of emigration to that construction upon the error into which Mr. Jefferson had region, the limitation of its settlement, the suspension of fallen. I entertain as high an opinion of the reputation of The substance of this effusion being incorporated with the speech that great statesman as others who make much greater began the next day, it has not been published."

SENATE.]

Mr. Foot's Resolution.

[FEB. 2, 1830.

surveys, the abolition of the Surveyor's office, and the from slave States, in April, 1784, nearly two years before surrender of large portions of Western territory to Mr. Dane became a member of Congress. The clause the use and dominion of wild beasts; and, in addition to was not adopted at that time, there being but six States in all this, connecting itself, in time and spirit, with another favor of it, and the articles of confederation, in questions resolution, in the other end of the capitol, for delivering of that character, requiring seven. The next year, '85, up the public land in the new States to the avarice of the the clause, with some modification, was moved by Mr. old ones, to be coined into gold and silver for their bene- King, of New York, as a proposition to be sent to a comfit. This resolution, thus hostile in itself, and aggravated mittee, and was sent to the Committee accordingly; but, by an odious connexion, came upon us from the North- still did not ripen into a law. A year aferwards, this clause, east, and was resisted by the South. Its origin, and its and the whole ordinance, was passed, upon the report of a progress, was a complete exemplification of the relative Committee of six members, of whom, the name of Mr. affections which the two Atlantic sections of the Union Dane stands No. 5, in the order of arrangement on the bear to the West. Its termination was to put the seal upon Journal. There were but eight States present at the pas the question of that affection. The Senator from Mas-sing of this ordinance, namely, Massachusetts, New York, sachusetts, [Mr. WEBSTER] to whom I am now replying, New Jersey, Delaware, Virginia, North Carolina, South was not present at the offering of that resolution. He Carolina, and Georgia; and every one voted for it. [Here arrived when the debate upon it was far advanced, and the Mr. B. read the parts of the Journal which verified these temper of the South and West fully displayed. He saw statements, and continued:] So passes away the glory the condition of his friends, and the consequences of the of this world. But yesterday, the name of Nathan Dane, movement which they had made. Their condition was that of Beverly, Massachussetts, hung in equipoise against half of a certain army, which had been conducted, by two the names of the sages of Greece and Rome. Poetry consuls, into the Caudine Forks; the consequences might and eloquence were at work to blazen his fame; marble, be prejudicial to the Northeast-more accurately speaking, and brass, and history, and song, were waiting to perform to a political party in the Northeast! His part was that of their office. The celestial honors of the apotheosis seemed a prudent commander-to extricate his friends from a pe- to be only deferred for the melancholy event of the serilous position; his mode of doing it ingenious, that of pulchre. To-day, all this superstructure of honors, hustarting a new subject, and moving the indefinite post-man and divine, disappears from the earth. The foundaponement of the impending one. His attack upon the tion of the edifice is sapped; and the superhuman glories South was a cannonade, to divert the attention of the as- of him, who, twenty-four hours ago, was taking his station sailants; his concluding motion for indefinite postpone- among the demi-gods of antiquity, have dispersed and ment, a signal of retreat and dispersion to his entangled dissipated into thin air-vanishing like the baseless fabric friends. They may obey the signal. They may turn of a vision, which leaves not a wreck behind. So much head upon their speeches, and vote for the postponement, for the ornamental work; now for the rubbish. and avoid a direct vote upon the resolution, and give up the pursuit after that information which was so indispensable to do justice and to avoid suspicion; but in doing so, they take my ground against the resolution; for indefinite postponement is rejection; and whether rejected or not, the indelible character of the resolution must remain. It was hostile to the West! It came from the Northeast! and was resisted by the South!

The Senator from Massachusetts [Mr. W.] has dwelt with much indignation upon certain supposed revilings of the New England character. He did not indicate the nature of the revilings, nor the name of the reviler. I, for one, disclaim a knowledge of the thing, and the doing of the thing itself. I deal in no general imputations upon communities. Such reflections are generally unjust,' and always unwise. I am no defamer of New England. The Before I proceed to the main object of this reply, I must man must be badly informed upon the history of these be permitted [said Mr. B.] to tear away some ornamental States who does not know the great points of the New work, and to remove some rubbish, which the Senator England character. He must poorly appreciate national from Massachusetts [Mr. W.] has placed in the way, either renown in arms and letters-national greatness, resting on to decorate his own march, or to embarrass mine. He has the solid foundations of religion, morality, and learning, brought before us a certain Nathan Dane, of Beverly, who does not respect the people among whom these Massachusetts, and loaded him with such an exuberance of things are found in rich abundance. Yet, I must say-the blushing honors, as no modern name has been known to speech of yesterday forces me to say it-that, in a political merit, or to claim. Solon, Lycurgus, and Numa Pom-point of view, the population of New England does not pilius, are the renowned legislators of antiquity to whom stand undivided before me. A line of division is drawn he is compared, and, only compared for the purpose of through the mass, whether "horizontally," leaving the being placed at their head. So much glory was earned rich and well born above, the poor and ill-born below; or

by a single act, and that act, the supposed authorship of vertically, so as to present a section of each layer, is not the ordinance of 1787, for the Government of the North-for me to affirm. The division exists. On one side of it western Territory, and especially of the clause in it which we see friends who have adhered to us in every diversity prohibits slavery and involuntary servitude. Mr. Dane of fortune, who have been with us in six troubles, and will was assumed to be the author of this ordinance, and es- not desert us in the seventh; men who were with us in pecially of this clause, and upon that assumption was '98, and in the late war; whose grief and joy rose and sunk founded, not only the great superstructure of Mr. Dane's with ours in the struggle with England; who wept with us glory, but a claim also upon the gratitude of Ohio, and all over the calamities of the Northwest, and rejoiced in the the Northwest, to the unrivalled legislator, who was the au- splended glories of the Southwest! On the other side, thor of their happiness, and to the quarter of the Union we see those who were against us in all these trials; who which was the producer of the legislator. So much enco-thought it unbecoming a moral and religious people to mium, and such grateful consequences, it seems a pity to celebrate the triumphs of their own country over its enemy, spoil-but spoilt they must be: for Mr. Dane was no more but quite becoming the same people, to be pleased at the the author of that ordinance, sir, than you, or I, who, about victories of the enemy, over their country; who gave a that time were "mewling and puling in our nurse's arms." dinner to him that surrendered Detroit. The line of diviThat ordinance, and especially the non-slavery clause, was sion exists. On one side of it stands the democracy of not the work of Nathan Dane, of Massachusetts, but of New England, to whom we give the right hand of fellowThomas Jefferson, of Virginia. It was reported by a ship at home and abroad; on the other side, all that stands Committee of three, Messrs. Jefferson, of Virginia, Chase, opposed to that democracy, for whose personal welfare of Maryland, and Howard, of Rhode Island--a majority we have the best wishes; but with whom we must decline,