Who, then, Mr. President, are the true friends of the Union? Those who

would confine the Federal Government strictly within the limits

prescribed by the Constitution; who would preserve to the States and the

people all powers not expressly delegated; who would make this a Federal

and not a National Union, and who, administering the Government in a

spirit of equal justice, would make it a blessing, and not a curse. And

who are its enemies? Those who are in favor of consolidation; who are

constantly stealing power from the States, and adding strength to the

Federal Government; who, assuming an unwarrantable jurisdiction over the

States and the people, undertake to regulate the whole industry and

capital of the country. But, sir, of all descriptions of men, I consider

those as the worst enemies of the Union, who sacrifice the equal rights

which belong to every member of the confederacy to combinations of

interested majorities for personal or political objects. But the

gentleman apprehends no evil from the dependence of the States on the

Federal Government; he can see no danger of corruption from the

influence of money or patronage. Sir, I know that it is supposed to be a

wise saying that "patronage is a source of weakness"; and in support of

that maxim it has been said that "every ten appointments make a hundred

enemies." But I am rather inclined to think, with the eloquent and

sagacious orator now reposing on his laurels on the banks of the

Roanoke, that "the power of conferring favors creates a crowd of

dependents"; he gave a forcible illustration of the truth of the remark,

when he told us of the effect of holding up the savory morsel to the

eager eyes of the hungry hounds gathered around his door. It mattered

not whether the gift was bestowed on "Towzer" or "Sweetlips," "Tray,"

"Blanche," or "Sweetheart"; while held in suspense, they were all

governed by a nod, and when the morsel was bestowed, the expectation of

the favors of to-morrow kept up the subjection of to-day.

The Senator from Massachusetts, in denouncing what he is pleased to call

the Carolina doctrine, has attempted to throw ridicule upon the idea

that a State has any constitutional remedy by the exercise of its

sovereign authority, against "a gross, palpable, and deliberate

violation of the Constitution." He calls it "an idle" or "a ridiculous

notion," or something to that effect, and added, that it would make the

Union a "mere rope of sand." Now, sir, as the gentleman has not

condescended to enter into any examination of the question, and has been

satisfied with throwing the weight of his authority into the scale, I do

not deem it necessary to do more than to throw into the opposite scale

the authority on which South Carolina relies; and there, for the

present, I am perfectly willing to leave the controversy. The South

Carolina doctrine, that is to say, the doctrine contained in an

exposition reported by a committee of the Legislature in December, 1828,

and published by their authority, is the good old Republican doctrine of

'98--the doctrine of the celebrated "Virginia Resolutions" of that year,

and of "Madison's Report" of '99. It will be recollected that the

Legislature of Virginia, in December, '98, took into consideration the

alien and sedition laws, then considered by all Republicans as a gross

violation of the Constitution of the United States, and on that day

passed, among others, the following resolution:

"The General Assembly doth explicitly and peremptorily declare, that it

views the powers of the Federal Government, as resulting from the

compact to which the States are parties, as limited by the plain sense

and intention of the instrument constituting that compact, as no further

valid than they are authorized by the grants enumerated in that compact;

and that in case of a deliberate, palpable, and dangerous exercise of

other powers not granted by the said compact, the States who are the

parties there-to have the right, and are in duty bound, to interpose for

arresting the progress of the evil, and for maintaining within their

respective limits the authorities, rights, and liberties appertaining to

them."

In addition to the above resolution, the General Assembly of Virginia

"appealed to the other States, in the confidence that they would concur

with that commonwealth, that the acts aforesaid (the alien and sedition

laws) are unconstitutional, and that the necessary and proper measures

would be taken by each for cooperating with Virginia in maintaining

unimpaired the authorities, rights, and liberties reserved to the States

respectively, or to the people." * * *

But, sir, our authorities do not stop here. The State of Kentucky

responded to Virginia, and on the 10th of November, 1798, adopted those

celebrated resolutions, well known to have been penned by the author of

the Declaration of American Independence. In those resolutions, the

Legislature of Kentucky declare, "that the government created by this

compact was not made the exclusive or final judge of the extent of the

power delegated to itself, since that would have made its discretion,

and not the Constitution, the measure of its powers; but that, as in all

other cases of compact among parties having no common judge, each party

has an equal right to judge for itself as well of infractions as of the

mode and measure of redress." * * *

Sir, at that day the whole country was divided on this very question. It

formed the line of demarcation between the federal and republican

parties; and the great political revolution which then took place turned

upon the very questions involved in these resolutions. That question was

decided by the people, and by that decision the Constitution was, in the

emphatic language of Mr. Jefferson, "saved at its last gasp." I should

suppose, sir, it would require more self-respect than any gentleman here

would be willing to assume, to treat lightly doctrines derived from such

high sources. Resting on authority like this, I will ask, gentlemen,

whether South Carolina has not manifested a high regard for the Union,

when, under a tyranny ten times more grievous than the alien and

sedition laws, she has hitherto gone no further than to petition,

remonstrate, and to solemnly protest against a series of measures which

she believes to be wholly unconstitutional and utterly destructive of

her interests. Sir, South Carolina has not gone one step further than

Mr. Jefferson himself was disposed to go, in relation to the present

subject of our present complaints--not a step further than the statesmen

from New England were disposed to go under similar circumstances; no

further than the Senator from Massachusetts himself once considered as

within "the limits of a constitutional opposition." The doctrine that it

is the right of a State to judge of the violations of the Constitution

on the part of the Federal Government, and to protect her citizens from

the operations of unconstitutional laws, was held by the enlightened

citizens of Boston, who assembled in Faneuil Hall, on the 25th of

January, 1809. They state, in that celebrated memorial, that "they

looked only to the State Legislature, which was competent to devise

relief against the unconstitutional acts of the General Government. That

your power (say they) is adequate to that object, is evident from the

organization of the confederacy." * * *

Thus it will be seen, Mr. President, that the South Carolina doctrine is

the Republican doctrine of '98,--that it was promulgated by the fathers

of the faith,--that it was maintained by Virginia and Kentucky in the

worst of times,--that it constituted the very pivot on which the

political revolution of that day turned,--that it embraces the very

principles, the triumph of which, at that time, saved the Constitution

at its last gasp, and which New England statesmen were not unwilling to

adopt when they believed themselves to be the victims of

unconstitutional legislation. Sir, as to the doctrine that the Federal

Government is the exclusive judge of the extent as well as the

limitations of its power, it seems to me to be utterly subversive of the

sovereignty and independence of the States. It makes but little

difference, in my estimation, whether Congress or the Supreme Court are

invested with this power. If the Federal Government, in all, or any, of

its departments, is to prescribe the limits of its own authority, and

the States are bound to submit to the decision, and are not to be

allowed to examine and decide for themselves when the barriers of the

Constitution shall be overleaped, this is practically "a government

without limitation of powers." The States are at once reduced to mere

petty corporations, and the people are entirely at your mercy. I have

but one word more to add. In all the efforts that have been made by

South Carolina to resist the unconstitutional laws which Congress has

extended over them, she has kept steadily in view the preservation of

the Union, by the only means by which she believes it can be long

preserved--a firm, manly, and steady resistance against usurpation. The

measures of the Federal Government have, it is true, prostrated her

interests, and will soon involve the whole South in irretrievable ruin.

But even this evil, great as it is, is not the chief ground of our

complaints. It is the principle involved in the contest--a principle

which, substituting the discretion of Congress for the limitations of

the Constitution, brings the States and the people to the feet of the

Federal Government, and leaves them nothing they can call their own.

Sir, if the measures of the Federal Government were less oppressive, we

should still strive against this usurpation. The South is acting on a

principle she has always held sacred--resistance to unauthorized

taxation. These, sir, are the principles which induced the immortal

Hampden to resist the payment of a tax of twenty shillings. Would twenty

shillings have ruined his fortune? No! but the payment of half of twenty

shillings, on the principle on which it was demanded, would have made

him a slave. Sir, if acting on these high motives--if animated by that

ardent love of liberty which has always been the most prominent trait in

the Southern character, we would be hurried beyond the bounds of a cold

and calculating prudence; who is there, with one noble and generous

sentiment in his bosom, who would not be disposed, in the language of

Burke, to exclaim, "You must pardon something to the spirit of liberty?"

DANIEL WEBSTER,

--OF MASSACHUSETTS. (BORN 1782, DIED 1852.)

IN REPLY TO HAYNE, IN THE UNITED STATES SENATE, JANUARY 26, 1830.

MR. PRESIDENT:

When the mariner has been tossed for many days in thick weather, and on

an unknown sea, he naturally avails himself of the first pause in the

storm, the earliest glance of the sun, to take his latitude, and

ascertain how far the elements have driven him from his true course. Let

us imitate this prudence, and before we float further on the waves of

this debate, refer to the point from which we departed, that we may at

least be able to conjecture where we now are. I ask for the reading of

the resolution before the Senate.

(The Secretary read the resolution, as follows:)

"Resolved, That the Committee on Public Lands be instructed to inquire

and report the quantity of public land remaining unsold within each

State and Territory, and whether it be expedient to limit for a certain

period the sales of the public lands to such lands only as have

heretofore been offered for sale, and are now subject to entry at the

minimum price. And, also, whether the office of Surveyor-General, and

some of the land offices, may not be abolished without detriment to the

public interest; or whether it be expedient to adopt measures to hasten

the sales and extend more rapidly the surveys of the public lands."

We have thus heard, sir, what the resolution is which is actually before

us for consideration; and it will readily occur to everyone, that it is

almost the only subject about which something has not been said in the

speech, running through two days, by which the Senate has been

entertained by the gentleman from South Carolina. Every topic in the

wide range of our public affairs, whether past or present--every thing,

general or local, whether belonging to national politics or party

politics--seems to have attracted more or less of the honorable member's

attention, save only the resolution before the Senate. He has spoken of

every thing but the public lands; they have escaped his notice. To that

subject, in all his excursions, he has not paid even the cold respect of

a passing glance.

When this debate, sir, was to be resumed, on Thursday morning, it so

happened that it would have been convenient for me to be elsewhere. The

honorable member, however, did not incline to put off the discussion to

another day. He had a shot, he said, to return, and he wished to

discharge it. That shot, sir, which he thus kindly informed us was

coming, that we might stand out of the way, or prepare ourselves to fall

by it and die with decency, has now been received. Under all advantages,

and with expectation awakened by the tone which preceded it, it has been

discharged, and has spent its force. It may become me to say no more of

its effect, than that, if nobody is found, after all, either killed or

wounded, it is not the first time in the history of human affairs, that

the vigor and success of the war have not quite come up to the lofty and

sounding phrase of the manifesto.

The gentleman, sir, in declining to postpone the debate, told the

Senate, with the emphasis of his hand upon his heart, that there was

something rankling here, which he wished to relieve. (Mr. Hayne rose,

and disclaimed having used the word rankling.) It would not, Mr.

President, be safe for the honorable member to appeal to those around

him, upon the question whether he did in fact make use of that word. But

he may have been unconscious of it. At any rate, it is enough that he

disclaims it. But still, with or without the use of that particular

word, he had yet something here, he said, of which he wished to rid

himself by an immediate reply. In this respect, sir, I have a great

advantage over the honorable gentleman. There is nothing here, sir,

which gives me the slightest uneasiness; neither fear, nor anger, nor

that which is sometimes more troublesome than either, the consciousness

of having been in the wrong. There is nothing, either originating here,

or now received here by the gentleman's shot. Nothing originating here,

for I had not the slightest feeling of unkindness toward the honorable

member. Some passages, it is true, had occurred since our acquaintance

in this body, which I could have wished might have been otherwise; but I

had used philosophy and forgotten them. I paid the honorable member the

attention of listening with respect to his first speech; and when he sat

down, though surprised, and I must even say astonished, at some of his

opinions, nothing was farther from my intention than to commence any

personal warfare. Through the whole of the few remarks I made in answer,

I avoided, studiously and carefully, every thing which I thought

possible to be construed into disrespect. And, Sir, while there is thus

nothing originating here which I have wished at any time, or now wish,

to discharge, I must repeat, also, that nothing has been received here

which rankles, or in any way gives me annoyance. I will not accuse the

honorable member of violating the rules of civilized war; I will not say

that he poisoned his arrows. But whether his shafts were, or were not,

dipped in that which would have caused rankling if they had reached

their destination, there was not, as it happened, quite strength enough

in the bow to bring them to their mark. If he wishes now to gather up

those shafts, he must look for them elsewhere; they will not be found

fixed and quivering in the object at which they were aimed.

The honorable member complained that I slept on his speech. I must have

slept on it, or not slept at all. The moment the honorable member sat

down, his friend from Missouri rose, and, with much honeyed commendation

of the speech, suggested that the impressions which it had produced were

too charming and delightful to be disturbed by other sentiments or other

sounds, and proposed that the Senate should adjourn. Would it have been

quite amiable in me, Sir, to interrupt this excellent good feeling? Must

I not have been absolutely malicious, if I could have thrust myself

forward, to destroy sensations thus pleasing? Was it not much better and

kinder, both to sleep upon them myself, and to allow others also the

pleasure of sleeping upon them? But if it be meant, by sleeping upon his

speech, that I took time to prepare a reply to it, it is quite a

mistake. Owing to other engagements, I could not employ even the

interval between the adjournment of the Senate and its meeting the next

morning, in attention to the subject of this debate. Nevertheless, Sir,

the mere matter of fact is undoubtedly true. I did sleep on the

gentleman's speech, and slept soundly. And I slept equally well on his

speech of yesterday, to which I am now replying. It is quite possible

that in this respect, also, I possess some advantage over the honorable

member, attributable, doubtless, to a cooler temperament on my part;

for, in truth, I slept upon his speeches remarkably well.

But the gentleman inquires why HE was made the object of such a reply.

Why was he singled out? If an attack has been made on the East, he, he

assures us, did not begin it; it was made by the gentleman from

Missouri. Sir, I answered the gentleman's speech because I happened to

hear it; and because, also, I choose to give an answer to that speech,

which, if unanswered, I thought most likely to produce injurious

impressions. I did not stop to inquire who was the original drawer of

the bill. I found a responsible indorser before me, and it was my

purpose to hold him liable, and to bring him to his just responsibility

without delay. But, sir, this interrogatory of the honorable member was

only introductory to another. He proceeded to ask me whether I had

turned upon him in this debate, from the consciousness that I should

find an overmatch, if I ventured on a contest with his friend from

Missouri. If, sir, the honorable member, _modestiae gratia_, had chosen

thus to defer to his friend, and to pay him compliments, without

intentional disparagement to others, it would have been quite according

to the friendly courtesies of debate, and not at all ungrateful to my

own feelings. I am not one of those, sir, who esteem any tribute of

regard, whether light and occasional, or more serious and deliberate,

which may be bestowed on others, as so much unjustly withholden from

themselves. But the tone and the manner of the gentleman's question

forbid me thus to interpret it. I am not at liberty to consider it as

nothing more than a civility to his friend. It had an air of taunt and

disparagement, something of the loftiness of asserted superiority, which

does not allow me to pass it over without notice. It was put as a

question for me to answer, and so put as if it were difficult for me to

answer whether I deemed the member from Missouri an overmatch for myself

in debate here. It seems to me, sir, that this is extraordinary

language, and an extraordinary tone, for the discussions of this body.

Matches and overmatches! Those terms are more applicable elsewhere than

here, and fitter for other assemblies than this. Sir, the gentleman

seems to forget where and what we are. This is a Senate, a Senate of

equals, of men of individual honor and personal character, and of

absolute independence. We know no masters, we acknowledge no dictators.

This is a hall for mutual consultation and discussion; not an arena for

the exhibition of champions. I offer myself, sir, as a match for no man;

I throw the challenge of debate at no man's feet. But then, sir, since

the honorable member has put the question in a manner that calls for an

answer, I will give him an answer; and I tell him, that, holding myself

to be the humblest of the members here, I yet know nothing in the arm of

his friend from Missouri, either alone or when aided by the arm of his

friend from South Carolina, that need deter even me from espousing

whatever opinions I may choose to espouse, from debating whenever I may

choose to debate, or from speaking whatever I may see fit to say, on the

floor of the Senate. Sir, when uttered as matter of commendation or

compliment, I should dissent from nothing which the honorable member

might say of his friend. Still less do I put forth any pretensions of my

own. But when put to me as a matter of taunt, I throw it back, and say

to the gentleman, that he could possibly say nothing less likely than

such a comparison to wound my pride of personal character. The anger of

its tone rescued the remark from intentional irony, which otherwise,

probably, would have been its general acceptation. But, sir, if it be

imagined by this mutual quotation and commendation; if it be supposed

that, by casting the characters of the drama, assigning to each his

part, to one the attack, to another the cry of onset; or if it be

thought that, by a loud and empty vaunt of anticipated victory, any

laurels are to be won here; if it be imagined, especially, that any, or

all of these things will shake any purpose of mine, I can tell the

honorable member, once for all, that he is greatly mistaken, and that he

is dealing with one of whose temper and character he has yet much to

learn. Sir, I shall not allow myself, on this occasion, I hope on no

occasion, to be betrayed into any loss of temper; but if provoked, as I

trust I never shall be, into crimination and recrimination, the

honorable member may, perhaps, find that in that contest, there will be

blows to take as well as blows to give; that others can state

comparisons as significant, at least, as his own, and that his impunity

may possibly demand of him whatever powers of taunt and sarcasm he may

possess. I commend him to a prudent husbandry of his resources.

On yet another point, I was still more unaccountably misunderstood. The

gentlemen had harangued against "consolidation." I told him, in reply,

that there was one kind of consolidation to which I was attached, and

that was the consolidation of our Union; that this was precisely that

consolidation to which I feared others were not attached, and that such

consolidation was the very end of the Constitution, the leading object,

as they had informed us themselves, which its framers had kept in view.

I turned to their communication, and read their very words, "the

consolidation of the Union," and expressed my devotion to this sort of

consolidation. I said, in terms, that I wished not in the slightest

degree to augment the powers of this government; that my object was to

preserve, not to enlarge; and that by consolidating the Union I

understood no more than the strengthening of the Union, and perpetuating

it. Having been thus explicit, having thus read from the printed book

the precise words which I adopted, as expressing my own sentiments, it

passes comprehension how any man could understand me as contending for

an extension of the powers of the government, or for consolidation in

that odious sense in which it means an accumulation, in the Federal

Government, of the powers properly belonging to the States.

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