Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-16
THE DEBATE IN THE SENATE

| After Mr.. Hayne had concluded his remarks-.ss
/ Mr.. WEBSTER, in conclusion, said:
1 few Words, MIR. President, on this constitutions,
argument which the honorable gentleman has labor
ed to reconstruct. ,,N
His argument consists of two propositions, and an
inference. His propositions are
That the Constitution is a compact between tho
States. s"'e" INC
2 That compact between two, with authority re-.
served to one to interpret its terms, would be sur
render to that one, of all power whatever
3. Therefore, (such is his nferencel the Goner,l
does not possess the authority to construe
Its own powers.
Now, sir, who does not see, without the aid of
exposition or detection, the utter Confusion of dens
involved IN this so elaborate and systematic arpu
ment s.
The Constitution, it is said, is compact 6e,reen
States the States then, and the States only are
Ties to The compact How comes the General Govern.
ment itself party7 Upon The honorable gentiemnns
hyPothesls the General Government is the result of
the compact, the creature of the compact hot one of
the parties to 1T. Yet the argument as the gentle
man mas now stated it, makes the Government it,
self one of It's own creators. 1t makes it a party
TO that compact, to which it owes its own exis-
tence. " '1
For the purpose Of erecting the Constitution on tbe
oasis OF compact the gentleman considers the States
as parties to that compact; but soon as his com
Is made, then he chooses to consider the Gene
raj Government, which is the oisprinp of that com
pact, not Its offspring, but one of its parties: and so
Deing party, has not the power of judging on the
terms OF compact. Pray SIR in what school is suoh
reasoning as this taught?
| 1.-THE whole of the gentleman's main nronost;o,
were conceded to him, that is to say-f admit for
the sake of the argument that the Constitution is n
compact between States, the inferences which he
draws from that proposition, are warranted by Just
reason. Because, if the Constitution be CONTACT
between States, still, that Constitution or that com
pact, has established a Government with certain
powers; and whether 1t be of those powers that
1t shall construe and interpret for itself the tsrms of
the compact, in doubtful cases. can only he decI
ded by looking to the compact, and mourning what
provisions II contains this point. Without auv
inconsistency with natural reason, the Government
even thus Created might be trusted with this DOW
er OF construction. The extent Of its powers
therefore, must still be sought for the instrument
itself.
If the old Confederation had contained = canso
declaring that the resolutions of Congress should he
the supreme law OF the land, any State law or con-
stltutlon to the contrary notwithstanding and that
committee OF Congress, any other body created by
it should possess Judicial powers extending to ali
cases arising under resolutions Of Congress, then
the power of ultimate decision would have be en-
vested IN Congress. under the Confederation, al
though that confederation was compact between
states; and Tor this PLAIN that would have
been competent to the States, who alone were par
ties to the compact, to agree, who should decide
IN cases of aisaeo arising tho construction of the
compact.
For the same reason, sir, if / were now to concede
TO the gentleman his principal proposition, VIZ that
the constitution Is compact between States, the
question would still be, what provision is made in
contested power that shall come into controversies:
and this question would still be answered. and conc
svely answered, by the Constitution itself. While
the gentleman is contending against constructions he
himself is setting up the most loose and dangerous
construction. The Constitution declares, that the
laws OF Congress shall be the supreme law of the
land No construction is necessary here. Itdecares
aso with equal pamness and precision that the H.
dcia power of the United States shall extend to eve
~ case arising under laws of Congress This
needs no construction. Here is law then, which
is declared to be supreme; and here power es,ab-
lished, which IS to interpret that law. Now sir how
has the gentleman met this? Suppose the Constitu-
ton to he compact, yet here Its terms and how
does the gentleman get rid of them? He cannot ar
que the seal of the bond t2e words out of the
strument. Here they are--whR answer does he give
to them? None in the world sir, except that the eff
feet of this would be- place the States in condition
Of nfcriority; and because 1t results from the very
nature OF things, there being superior, that the
parties must be their Judges! Thus closely and
cogenly does the honorable gentleman reason on
the words OF the constitution. The gentleman
says, II there be such power Of final decision IN tie
General Government, he asks for the grant of that
power. We'll, sir, show him the grant turn him
TO the very words-I show him that the laws of Con-
gross are made supreme ana that the judicial power
extends. by express words, to the Interpretation of
these laws Instead Of answering this, he retreats
into the general reflection, that it must result from
the nature IF things; that the States being parties
must Judge Tor tlGp,seves.
have admitted, that ii the constitution were to be
CoSiueFeu as the creature OF the state Governments,
1T might be modified, interpreted, or construed ac-
cordlng to their pleasure But even in that case, it
would be necessary that they should agree. One
alone, could not interpret it conclusvey; one aone
could not construe 1t; ono alone, could not modify it.
L ct the genteman's doctrine IS, that Carolina alone,
may construe and interpret that compact, which
equally binds all, and gives equal rights to all.
30 then, sir, even supposng the Constitution to be
a compact between The States, the gentlemans doc
tTlne, nevertheless Is not mainanabe; because, first,
the GENERAL Government is not party to that com
pact but government established by it, and vested
by 1t with the power Of trying and deciding doubtful
be regarded as a compact not one State only bot all
the States, parties to that compact and one can
have no right to fix upon it her own peculiar con-
structon.
30 much sir, fortle argument, even ifthe promises
OF the gentlemen were granted, or could be proved
But, sir, the gentleman has failed to maintain his
leading proposition. He has not shown, it cannot be
shown that the constitution is a compact between
Slate (tnyoruuenfS he