SENATE.]

Maysville Turnpike Road.

[MAY 15, 1830.

angle, must be wholly immaterial. It is a part of a na-in vain that gentlemen represent to me the benefits of the tional road, and is mediately or immediately connected system. It is vain that I am told of its being a harmless with every other road in the United States. If this Mays-policy. Show me the grant in the constitution in plain ville road rested on a pivot, and could be turned round terms, not extorted by a forced interpretation, and not from its present posture of east and west, to north and until then will I listen to you. In my youth, I remember south, it would be still as much a national road as it now is. to have read in that wisest of all wise books, if the moral The only difference would be, that it would lead to other be well observed, I mean sop, the fable of the cock and States and to other cities. Here, then, is the termination the fox; and as it serves to illustrate my feelings and views of this stupendous national scheme-this great American on this particular subject, I beg leave to repeat it as well system of road making and canal digging--this system, in as my memory enables me to do it. A fox, in search of support of which, the constitution was carefully scanned prey, passed by the door of a hen roost, and, finding the through all its provisions. Here is exhibited the rightful door locked, resolved to try his skill in obtaining admis exercise of this power under the authority to raise an army, sion. He resorted to an expedient, sir, which so often and, ex vi termini, to construct a permanent road for mili-proves successful in the affairs of the world, that of flattary purposes. Here the great power of regulating com- tery and hypocrisy united. His salutation was friendly merce, not in truth by making rules or regulations by and courteous. He expressed his great concern at having which it shall be carried on between the States, but by heard that the cock had been indisposed. The cock as affording facilities in travelling from Maysville to Lexing-sured him that his health was perfectly good, and much ton, a distance of sixty miles. Splendid and magnificent, the better from the circumstance of Mr. fox being on the truly, has this great American system become, now that outside of the door, and the door being locked. The this Government is set down by the side of some few of fox pretended not to credit this, and desired permission to the citizens of Maron, Bourbon, and Fayette counties, to see him, so that he might bear testimoney to the fact from deliberate upon the important questions which must arise occular demonstration; and such was his great anxiety to in the construction of this road, whether there shall be a look in upon him, that he urged the very humble request cart load of sand or gravel, more or less, deposited on this of being only permitted to get his nose in at the door. The spot or on that. cock very wisely refused this permission, declaring to him It has pleased one gentleman in this debate to indulge at the same time, that, if he permitted him to get his nose in certain remarks relative to the condition in which Vir-in, his whole body would soon follow. Such were my ginia is placed from its want of good roads; and he has feelings when this road-making power was first claimed been pleased to denounce our prejudices, as he has for this Government. But, sir, it was vain that Virginia thought proper to call them. I have but one reply to protested against it. Vain that she urged upon others the make to the Senator, and it is, that we as little desire his moral of the fable which I have just recited. The good sympathies, as we deserve his denunciation. If we are and true State, North Carolina, reasoned as did Virginia; content with our situation, surely no one else has any right but all in vain. This harmless and beneficent power was

to complain of it. The Senator might have drawn very yielded; and what has followed, let the whole South testify different conclusions in reference to us, from the very She can bear witness throughout all her borders; measure facts which he has stated. Sir, I will not deny that my after measure has followed; until powers as supreme and native State would be greatly benefited by the applica- as universal are claimed for this Government, as if the tion of governmental resources to its improvement. No parchment upon your table had never been executed. State in this confederacy requires the expenditure of larger The internal policy of the States prescribed, the industry sums of money to objects of internal improvement; and of the country regulated, and all the mere charities of none would be more benefited by such application. life exercised as fully by this Government as by an im When then we stand aloof from this system; when we perial monarch. The States sinking every day with acclose our ears to the syren voice which has won so many celerated velocity into the condition of mere provinces; others to the support of these measures, what is the true and a great national government to grow out of the ruins attitude in which we stand before the world? Can we be of the confederacy. Can the people of these States be charged with interested or selfish designs or feelings? If reconciled to this? Or, will they continue supine until we were actuated by any such, we should reach forth our the whole fabric of the Government is changed? Sir, hands, and gather this golden fruit. Instead of this, we does any one believe that we can exist under a consoli give no vote for those measures, even which appertain to dated national government? Look to the present condition our immediate benefit; against the appropriation in aid of of things, and the question is answered. I ask every the Dismal Swamp canal, the Senators of Virginia on this member of this House, whether it could have been confloor have uniformly voted. No, sir, we will never con- ceived, that, when this American system was entered upon, sent to sacrifice the constitution of this land to a mere the results which are now constantly transpiring would ephemeral policy. Pleasure has ever more been repre- have arisen. What scenes are exhibited on the legislative sented by poets and by painters as clothed in perpetual floor under the influence of the feelings of local interest? smiles, and adorned with the richest jewels; and in real I do but glance at them, and will not dwell upon them, life, we have known many who, allured by her deceptions, When were sectional lines ever before so strongly drawn' blandishments, and hollow but showy temptations, have But I forbear, sir, I forbear. Let those who believe that followed as she pointed, until ruin has befallen them. So a national government will best suit our condition, turn to will it be with us as a confederated republic. These are the map, and his doubts will be solved. the feelings and sentiments of those whom I represent on bracing so great an extent of territory-possessing such a this floor. Unmoved by the whispering of a seductive diversity of interests; one extremity congealed by the policy, Virginia can only regard that course of govern- frosts of an almost perpetual winter, the other parched by mental action as sound, which falls clearly within the pale almost tropical suns. of the constitution. Think you, sir, that we were more interests of these extremes, feel their wants, or advance Can a national legislature know the insensible than others to the advantages of good roads their wishes? It is in vain to disguise it; a central governand canals? Not so, [said Mr. T.] let them be made out ment here, call it by what name you please, which shall of the proper treasury—that of each State; and they will attempt to legislate for local interests, is an open and manifind in no quarter a more devoted advocate than myself. fest despotism. Ingenuity is tortured to bring this GoBut when the interposition of this Government is invoked, vernment to this. The first fruits are bitter enough; comand the high reward which an exuberant treasury offers, binations have arisen, and combination will follow com is held out, I say nay to the exercise of the power. It is bination, to the end of the chapter. The South now suf

country em

MAY 20, 1830.]

Mr. Foot's Resolution.

[SENATE.

fers, and anon it will be the turn of the North and of the proposed to be amended by the mover: when Mr. ROBWest. Suppose that all Europe existed under a consoli- BINS said, that thinking, as he did, that some constitudated government, each State being degraded to the con- tional doctrines advanced in the debate were erroneous dition of a mere principality, what scenes would not be were dangerous to the Union--and the more dangerous, exhibited, and how tremendous a tyranny would be crea- as coming from high and respectable names in the counted, wielded not by a single man, but by stern, inflexible, try--and gone, and to go forth under the sanction of such immovable majorities? Russia; Prussia, Sweden, and Den-authority--he had felt it to be a duty to manifest his dismark, uniting with Austria, would evermore wage a war sent to those doctrines; and to state the grounds on which of plunder against France and the southern provinces. that dissent was predicated. The State, one of whose The more fertile the country, and more genial the climate, Representatives I have the honor to be in this body, [said the greater temptation to combine against it with a view Mr. R.] being a small State, beside her common, has a peto legislative plunder. Who can doubt this? And yet the culiar interest in this Union; in its integrity, its endurance, States of this Union are not differently circumstanced. its strength-that strength is her strength; on that, her A national government, acting here through the instru- being, as well as her well-being, depends. I take a share mentality of law, in other words, in obedience to an under- in this debate for this sole purpose, and shall confine my. league of interests, will operate as forcibly and as fatally. self to this object. As to other topics introduced into this The gentleman has in these considerations the true foun- debate, however interesting they may be to this country-dation of our prejudices, if so they are to be called. We and interesting, very interesting, some of them are--I oppose ourselves to every strained construction of the shall spare to the patience of the Senate any remarks of constitution, under the knowledge that the concession of mine upon them, satisfied that their opinion upon them one power, however slight, leads to the claim of another, would not be further enlightened by any thing in my powand another, until all will be gone. er further to offer.

It has become customary, of late years, to ridicule the Whether a State can decide upon the constitutionality Virginia doctrines, as they are called. That State which of a law, and upon its obligation within a State, which has has stood by this Union, through good and through evil re-been so frequently affirmed or assumed in this debate, port, is sneered at and reviled. So was it in former times. must depend upon the theory of the constitution. And Under the first Adams she was declared rebellious and here the inquiry is not, what that theory ought to be, but factious; and it was said that her republicans should be what it is; if it be not what it ought to be, the people, who trampled into dust and ashes. She, nevertheless, with made it, have the power, by an amendment, to make it Kentucky, raised her voice against the infractions of the what it ought to be. That theory may not be perfect, constitution. She does the same now. And what were (though I think it is nearly so, as any thing human ever the infractions against which she then protested, in com-devised for the rule and happiness of mankind ever was, parison with those against which she now protests? Bad or probably ever will be; and that this is demonstrated by enough they were, it is true. But the art of construing its results,) but whether perfect or imperfect, what is now the constitution, and the efforts to make it a nose of wax, wanted, is not its vindication, but its explication. was then but barely commenced. The sedition law was What, then, is that theory? passed, and thereby the principle of force was resorted to. Now, sir, a more insidious, and a more dangerous principle is brought into action. Money is now relied upon; cupidity-avarice, are the infernal agents now invoked. These are the fatal sisters who weave the web of our destiny; and, if we do not destroy that web before we come to be That all laws made in pursuance of the constitution of more fully entangled, if we permit first an arm and then the United States, and all treaties made by the authority of a leg to be tied up, there will be left to us no means of the United States, are the supreme law of the land, any escape. Let us now begin the effort, and, by drawing back State law, made or to be made, to the contrary notwiththis Government to its legitimate orbit, save our institu- standing:

I understand it to be this: and that the different provisions of the compact all conspire to show it to be thisnamely: That the constitution of the United States is paramount to the State constitutions:

tions from destruction. My untiring efforts shall not be That all State judges are bound by this supreme law, wanting in so holy a cause. But if we surrender our-any State law or constitution to the contrary notwithselves into the hands of ingenious politicians, those as-standing:

pirants for high office who seek evermore to enlist in their That the Executive of the United States is charged with support the strongest passions of human nature, with a the duty of executing that supreme law: view to their individual aggrandizement, the ark of the covenant will be destroyed, and the temple rent in twain. Let us expel the money changers from that temple, and introduce the only true worship. In this way only, I am fully satisfied, can we preserve the Union of these States, and secure their unceasing happiness.

That all questions arising from the conflict of the constitution of the United States, and any State constitution, or arising from the conflict of the laws of the United States and the laws or constitution of any State, or from the constitution of the United States and the laws of the United States, are to be settled by the courts of the United The Senate is indebted for these remarks to the gratui-States; and that what they settle to be the supreme law of tous attack which has been made upon Virginia in this de- the land, is to be considered and taken to be the supreme bate. They have been as unpremeditated as that attack law of the land, and is to be executed by the Executive was unexpected; but I could not forego the opportunity thus afforded me of expressing my feelings. [The bill, as it is known, passed the Senate.]

[On the 17th, 18th, and 19th of May, the Senate acted on various bills; there was some debate, but nothing of sufficient interest to be inserted in the Register of Debates.]

THURSDAY, MAY 20, 1830.

MR. FOOT'S RESOLUTION. On motion by Mr. GRUNDY, the Senate resumed the consideration of the resolution submitted by Mr. FOOT, as

as the supreme law of the land.

Such I understand to be the theory of the constitution of these United States; and whether for good or for evil, that such is its true theory.

For the constitution says-Article VI, clause 2d: "This constitution, and' the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges of every State shall be bound thereby, any thing in the laws of any State to the contrary notwithstanding."

The constitution further says--Article III, sec. 1:

SENATE.]

Mr. Foot's Resolution.

[MAY 20, 1830.

"The judicial power of the United States shall be vest-independent sovereignties, which seems to be the idea of ed in one supreme court, and such other courts as the some gentlemen, though not very distinctly stated and United States shall from time to time ordain and establish." avowed, except by the honorable gentleman from Kentuc And, section 2--"The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority."

ky, by whom it was very distinctly stated and avowed, it is enough to say that the nature of a confederate government is just what the confederates chose to make it, and have made it: and their rights and duties are determined by the compact which they have made. Now, the constitution of the United States is the compact of confederacy by these States; and that must determine their rights and their obligations. So that the doctrine, if it is to be maintained at all, must be maintained as a constitutional doctrine. Besides, it may be proper here to remark, that this government, though confederate, is not a mere confederacy, it is national as well as confederate; in many important features it is purely national. In its action it is wholly so; it acts upon individuals directly, and not on them through the States. It is the first instance of a government of that Are not the laws made in pursuance of the constitution compound character which has existed in the world; and it of the United States, and the treaties made by the United is that character which constitutes its great excellence. It States, the supreme law of the land? So the constitution is that which gives to it all the advantages of a single State, says in so many words, which have just been read, and combined with all the advantages of a confederacy, exneed not be repeated. empted from its evils: it is that which adapts it so admiraAre not the questions arising from the conflict of the bly to our wide-spread and almost boundless domain, and constitution of the United States with the State constitu- to the almost countless millions that are to spread over to tions, and arising from the conflict of the laws of the occupy and to fill it: it is that which gives to it a capacity to United States and the State laws and constitutions, and exert our energy every where, and equally every where, arising from the conflict of the constitution of the United sufficient to preserve peace and maintain justice; and which, States and the laws of the United States, to be settled by at the same time, restrains it every where, and equally the courts of the United States? The constitution says--every where, from exerting a power incompatible with "The judicial power shall extend to all cases in law or freedom. Now, if this doctrine, that a State may interfere equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority."

"It further says--same article, sec. 2: "He (the Executive) shall take care that the laws be faithfully executed."

Then, I ask, is not the theory which I have stated, the necessary result of the provisions which I have read? To go over the parts of that theory, one by one, and to compare each with the provisions by which it is established: Is not the constitution of the United States paramount to the State constitutions? The words are, "that the constitution of the United States shall be the supreme law of the land."

Is not the Executive of the Union to execute the laws of the Union? The constitution says, "he [the Executive] shall take care that the laws are faithfully executed." Are not the final judgments of the courts of the United States to be executed by the Executive of the United States?

It is his proper and peculiar duty to execute them; to execute the laws faithfully, he must execute those judg

ments.

to arrest the operations of government, would result from the nature of a pure confederacy, (which, however, it would not, unless such was its nature from the terms of the compact, or its nature must de pend upon those terms,) still how could it result from the nature of a government, not a pure confederacy, but partly confederate and partly national? Surely, so far as it is national, the nation is to determine whether the government shall cease, or its operations be suspended, and not a minority of the nation, as a single State must be.

Will it be said that the theory of the constitution, as thus interpreted, is unsafe for the States and their indepenThen it follows, that what these courts finally decide dent rights? That the power of the General Government the constitution to be, must be taken to be the constitution. (by this theory) being irresistible--and power being in its The law, which they finally decide to be a law, made in nature ambitious and grasping--may and will absorb the pursuance of the constitution, must be taken to be a law power of the States, it has been said; for this, I suppose, is made in pursuance of the constitution; a treaty which what is meant by saying that the tendency of the General they finally decide to be a treaty made under and within Government is to consolidation. If this were so, it would the authority of the United States, to be a treaty made un- prove that the structure of our government is defective, der and within the authority of the United States: and to- and that some corrective for this defect ought to be supgether must be taken to be the supreme law of the land, plied; but surely it would not follow that each State is to and must be executed as the supreme law. It must be so, determine what that corrective shall be, and when and how unless there is some other tribunal authorized to rejudge it shall be supplied and applied; for all defects in the conthose judgments; and to decide over the head of the United stitution, the constitution itself has prescribed the course States' Judiciary. Need it be remarked that the constitu- for obtaining the remedy. tion neither provides nor recognises any such tribunal; But, waiving this, how is the theory of the constitution, but, on the contrary, that it precludes the idea of any as thus interpreted, unsafe for the States and their indesuch tribunal, and that expressly? For, it expressly pro-pendent rights? It is true we may suppose such an abuse vides that "the judges of every State shall be bound by of power in the General Government, and by a conspiracy the law of the United States, the State constitution and of all its branches, at the same time, and for the same purlaws to the contrary notwithstanding, and bound, as is ne-pose, as would put in peril the States and their indepen cessarily implied, by that law as expounded by the courts dent rights; and so it would, and equally so, all our rights; of the United States; for the law of every government but then you must first suppose for such a degree of cormust be taken to be, as judicially expounded by that go-ruption of human nature itself as is wholly incompatible vernment. How then a State can be that other, ulterior, with any government which is a trust from the people. and superior tribunal, is beyond my comprehension. The For it supposes a corruption of the Legislature in both its doctrine, as a constitutional doctrine, appears to me infi- branches--a corruption of the Judiciary, and a corrup nitely preposterous, and to be without a particle of ground tion of the Executive; and a conspiracy of all these to befor its support. tray the delegated trust of the people. Now, this is to Now, if abandoning the authority of the constitution for suppose such a degree of corruption in a State itself, as, I any such doctrine, it is contended that the doctrine results repeat, is wholly incompatible with a government which from the nature of a confederate government, formed by is a government, which is a trust, and to be managed ac

MAY 20, 1830.]

Mr. Foot's Resolution.

[SENATE.

cording to the trust. When that degree of corruption ing on subjects exclusively within the legislation of the which is supposed takes place in a State, from that mo- States; nor of legislating exclusively on objects as to which ment that State is doomed to the misrule of anarchy for a the States have a right of concurrent legislation. No; not while, to be followed, and quickly, too, by the iron rule of one instance in the whole history of the Government. Addespotism; and nothing human, nothing human, I repeat, mitting, then, if you please, that the States have a right of can stay the hand of its destiny; nothing short of Omnipo- self-defence as to their independent rights, it will be time tence himself, and His almighty arm, can stay it. When that enough to determine what is to be done when the necessi day shall arrive, the day that shall witness such a degree of ty of such defence shall arise; that is, when the General corruption in the whole body of our public administration, Government shall usurp the power of legislating upon obit will argue a correspondent degree of corruption in the jects exclusively within the State legislation, or the power whole body of the people; and then we shall have no rea- of legislating exclusively upon objects as to which the son to talk about State rights, nor any rights; all, all, every States have a right of concurrent legislation. If that time right, State and national, will be buried, or hastening to shall ever come, when the General Government, in all its their burial in the same common grave; on that grave we branches, shall be so corrupt and abandoned as to conspire shall see planted the standard of despotism, unfurling its to usurp this power, (and to usurp it they must all conensigns to the breeze, and waving in triumph over the spire,) and to strip the States of these rights, and shall atburied rights of the nation. A gigantic tyranny, with his tempt to establish the usurpation, then let the States deiron sceptre, will then crush this young and rising world. fend themselves; let them resist the attempt, and to the The wide earth will feel the calamity, and bewail the ex-death, for then the compact will indeed be dissolved; then tinction of the last best hope of human kind. Thence I the question will be a question of force, between the ophold, that State rights and national rights are inseparably pressor on the one side, and the oppressed on the other, bound together in one common bond of fate; together to and the sword must decide it. live, or together to perish:

The right of self-defence, by this appeal to force, is the "That one faith, one fame, one fate shall both attend." right of every people, in the last resort, under every form of For, observe, the States and their independent rights can government, whether single or confederate. In both, only be assailed through the legislation of Congress; there there is a line where forbearance with the Government the tyranny is to begin; there the law, which is to usurp ceases to be a duty, and where the right of resistance beand engross the appropriate favor of the States, is to begins--in single governments, with the people, and in conpropounded and passed; which law the Judiciary is to sus-federate, with the States. In single governments, this line tain, and the Executive to carry into effect. Now all the may not be distinctly marked, and made visible to the eye, members of the Legislature in both branches of Congress, and then is to be determined rather by feeling than the unthey who are to make this law, which is to begin this usur- derstanding; but in a confederate government it may be dispation and tyranny, come from the people-shortly to retinctly marked, and made palpable to the understanding. turn to the people, and are themselves a part of the And in ours it is so; in ours it is the line which has been inpeople. Now, who is the man, where is the man so infatuated dicated; the line which separates the independent rights of as to give his vote for such a law? It would be in him an the States from the powers of the General Government; and act of political suicide--it would be an act of treason to which independent rights are obviously those, and those only himself as well as to his country--it would be an act of which lie within the limits which have been defined. For self immolation, and without motive. Unless he gave all other rights, and which are called State rights, are as a conspirator against the liberties of his country. obviously the common rights of the nation, and not the peWhere then is the danger to the States and their inde-culiar and independent rights of the State. pendent rights from the power of the General Govern

it as

If an act of the General Government shall exceed its au

ment, admitting it to be what it has been explained to thority under the constitution, but which act does not inbe, and irresistible? It is in fact no where to be found but fringe any independent State right, that is the concern of in our imaginations; and in the supposition and picture of the nation, not of any State in particular, any further than incredible cases. It appears to me that our jealousies on as it is part of the nation; and to judge of that act is no this head arise from the indistinctness of our notions as to more a State right than it is an individual right. For inState rights; from confounding things different in their na-stance, suppose the Government exceeds, or is supposed ture, things distinguishable and which ought to be distinto exceed, its authority in the exercise of the treaty-makguished; m a word, from mistaking the common rights of ing power; and suppose the purchase of Louisiana to be the nation for the peculiar rights of the States. that instance, (and this was the opinion of some,) surely State rights, as I understand them-I mean the rights no State independent right was infringed by this act. No which the States retain and possess, and exercise indepen- State, therefore, as a State, had any more right to judge dently of the General Government--consist in the right of and determine upon the unconstitutionality of the act, than It was the concern of all, and of all legislating exclusively on certain objects within the State; any individual had. and in legislating not exclusively, but concurrently with equally. It was the whole people's business; and it was the General Government on certain other objects within the business of their constituted authorities to determine the State. That these State rights are limited to these The same may be said of the admission of Louisiana, limits of legislation, to these objects of exclusive and con-as a State, into the Union, which was also deemed by some current legislation; that the right of State jurisdiction is an unconstitutional act; and so of other acts of the like kind. limited by these limits of legislation; and that the power of Again: if an act of the General Government exceeds its the State Executive has the same limits. If this be a cor- authority, but does not infringe any State independent rect definition of the limits of the independent rights right, but does infringe the right or rights of individuals, of the States, (and, if it be not, let any one show any other that is an affair between the individual and the General GoState right not included within those limits, and I will vernment. Surely it is not a State right to adjudicate that abandon the inference which I am going to deduce there-affair, and redress that individual. For, by the compact, from)-I say, if this be a correct definition of the limits of that affair is to be adjudicated under the authority of the State rights, independent of the General Government, it General Government; the redress is to come from that auwill follow, that all this clamor against the General Go-thority; and, by the compact, a State has nothing to do vernment, on the subject of State rights, is entirely with- with it. And were the State to interfere, it would be a out foundation. For no instance can be cited in which manifest usurpation of power, far from being the exercise the General Government has usurped the power be of a State right.

it.

longing to the States; that is, the power of legislat So as to all acts in prosecution of, or in furtherance of

SENATE.]

=

Mr. Foot's Resolution.

[MAY 20, 1830. any schemes of national policy which may be deemed to tiful and almost boundless country; this splendid patrimobe unauthorized by the constitution, but which do not in-ny of our fathers; this, if we are wise, still more splendid fringe any independent State right, these are to be judged inheritance of our children, and of their children, down to of and determined by the nation and the national authori- the latest generations of our posterity; as to all that it now ties. No State has any thing to do with the adjudication, is, and as to all that we hope it may be; all, all is put to any further than as it makes a part of the nation, and speaks through the constituted authorities of the nation.

hazard by the hazard of this Union. And to talk of calculating the value of the Union! as if it could be counted in dolIn a word, I am confident that no one act of the Govern- lars and cents--a value which no power of numbers can exment, of any class which has been complained of as uncon- press, no stretch of imagination can embrace, and which bafstitutional, will be found, on examination, to touch any one fles every effort of the mind to comprehend in its magnitude! independent State right; and that in every instance it will This happy work of our Union, consummated by our be found that it is the national right only, if any, that has happy constitution, I am wont to consider as the offspring been affected. of something more than human wisdom, great as that wis But are not these national rights as important to the na-dom was in its founders and framers: for, as we are taught, tion, as the State rights are to the States? I agree that "there is a spirit in man, and the inspiration of the Almighthey are. ty giveth it understanding." And I believe (I hope not Now, suppose acts of the National Government to be superstitiously, but piously) that it was manifest in that violations of the constitution, but not violations of the State work. I believe it a providential event, marking the dirights, and therefore the common concern of the nation, vine favor on this favored land; and, of the many marks of and not the peculiar concern of any State, what is to be that favor to be noted in our short but eventful history, I done, and what is the remedy? I answer, the remedy lies believe that to be the most signal. with the nation. The law says it is unconstitutional; let the The Union! I am wont to consider it as the guardian law be repealed; the nation has the power to repeal it; angel of this country, commissioned by the Almighty to their elections give them this power; or let the National preside over her high destinies, and to lead her on to their Judiciary say it is unconstitutional, and then it is repealed. fulfilment to a glory, as I fondly believe, that eye hath not But, suppose the Judiciary will not say it is unconstitution-seen, of which the ear hath not heard; in whose blaze the al, and the nation will not have it repealed. What, then, master States of the world will be lost, as stars are lost in is the remedy? I answer, there is none, and that there the blaze of the noontide sun. And to talk of calculating ought to be none; for then it is a national question, settled the value of this Union! by the nation, by a majority against the minority; and the law is to be deemed and taken to be constitutional; it must be so, unless you deny that great principle of all society, that a majority is to govern, and maintain that dis- What would be the new state of things if this Union organizing principle, that a minority is not to submit to should be broken up, we cannot exactly know; but what the will of the majority. Well, if not to submit, what it may be, it is easy to imagine. Whether broken up into then? Why then to separate, for there can be no other separate confederacies, or into isolated sovereignties, the remedy. What follows? Why, that a minority of that minority, in a similar case, and which must happen, is also to separate; and the majority of that minority is in the same situation, and must go on with the same process, both dividing and subdividing, till the society itself is destroyed, or fitted up into family clans.

It may assist us to form some estimate of this value, though very inadequate, by endeavoring to form some esmate, though equally inadequate, of its loss.

evils would be equally certain and equally appalling. To state a few of the most prominent, and but to hint at these: The Union, which now is their strength, would be lost and gone; their weakness would render them defenceless against a foreign power; wars among themselves, sooner or later, would become inevitable; burthens would be fearIf a minority is not to submit to a majority, and if sepa- fully increased, while the means of meeting them would ration is to be the remedy for difference of opinion, and be as fearfully diminished; privations of all sorts would these the consequences of separation, the remedy is inâ- be grievously multiplied; standing armies would be nitely worse than the evil; for it is to destroy the very be- the consequence of wars and the danger of subjugation, ing of society; to remedy an evil which is necessary to and the loss of liberty the consequence of standing armies. all society; namely, the evil of difference of opinion. This dreadful state of things would last till, to consummate I repeat, that the remedy for all unconstitutional acts of the the misery, some fortunate ambitious chief, in consequence General Government affecting the nation lies in the power of his splendid achievements, should be able to clothe himof the nation. For it is an entire mistake to suppose, as self with the imperial purple, establish a new dynasty, and has been supposed, that the Supreme Court is the ultimate support it by his victorious legions. Now, say whether the arbiter in these cases. For though the Supreme Court value of the Union can be calculated and told in dollars and may decide a law to be constitutional which is not consti- cents, when such will be or may be consequences of its tutional, a thing, by the way, not very likely to happen, dissolution!

they cannot continue the law. It rests with the nation to Mr. FOOT said that the resolution under consideration, determine whether it shall be continued, or shall be re- proposing an inquiry into the condition of the public pealed. And if the Supreme Court misinterpret the con- lands--a subject of very great and increasing interest, not stitution, a thing as unlikely to happen, it lies in the pow-only on account of their intrinsic value, but as connected er of the nation to apply the remedy, and correct the er- with the settlement, the growth, and prosperity of the ror; it lies in the power of amendment. So it is the nation, country--had been made the occasion for a debate, perand not the Supreme Court, who is the ultimate arbiter in all those cases.

haps as able and interesting as any which had ever engag ed the attention of the Senate. The strong interest which If the constitutional principles which I have now at- had been manifested, by the unusual attention of the pubtempted to develop, are true constitutional principles, lic mind, and the avidity with which the speeches of Senaand if I have been so fortunate as to make the develop tors had been sought and extensively read, had evidenced ment intelligible to the Senate, they will show them that the deep solicitude and intense interest which had been the constitutional doctrines to which I have alluded and ex- felt through the whole community. Nor was this matcepted are erroneous, and ought to be repudiated; and, if ter of surprise. The various and interesting topics which dangerous to the stability of the Union, that they ought to had been introduced and discussed were calculated to probe reprobated. For it is not easy even to imagine the va-duce that effect.

lue of that stake which we all have in the integrity of this This debate [said Mr. F.] will form a compendious his Union, the great States as well as the small. This beau-tory of the policy of our Government, from its commence