Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-28

should pass, il must break down Inc Po"es W
the States. He declared that he "ouid ra'he'
take the Tariff than see tina! bill pass ""'e"
would be SO dangerous precedent whenever "e
President should feel disposed tO arm h,"se'
against the State sovereisntes ne gave the Dc
major full credit fur his great talents OUT ne was
unable To stagger under the weight ol tne eauSe
which he had to support: and concluded VIII"
reference to the consequence which was likely 70
ensue to The Southern States from the peculiar
character of their population, and the interference
with it by the North.
Mr. WEBSTER then commenced his reply by a
disclaimer of any feeling of unkindness towards
the Senator from South Carolina They had en-:
tered public life, both young men. ardent and
jealous, some twenty years ago. when they had
arranged themselves on opposite sides.
Mr.. Calhoun explained; that he had desired
To say, that all the differences between them bad
uniformly been generous differences, and had
never disturbed their private friendship.
Mr. WEBSTER. admitting this to be true, stat
ed, that he felt deeper regret that the SenatN
from South Carolina should have imputed TO him
desire to win favor in certain quarter.
Mr.. CALHOUN again explained, that he had
used very strong qualifications IN his language,
and certainly had not imputed such motives
Mr. WEBSTER went on to deny that he was
actuated by any new born zeal in favor Of this
Administrations or that he had, in any way, alter
ed his views concerning it. He then continued
his argument, BY replying to the remarks in re-
ference to the terms ''compact" and "accede,"
and strengthening the original position which he
had taken IN reference tn these terms He stat.
ed that the Senator from South Carolina had pur-
sued his Augment this morning with total mis-
apprehension throughout OF his Mr.. w 81 adj
missions. lie denied that the Constitution was
a compact framed bv the States in their soyer
eisn capacities. How had it come down to US?
Had it come down jue divino. or from the re-
mote regions of antiquity? Neither.
/ 1t had been created by the People. acting as
one people, desir"uS OF forming one Government,
and ratfylng the Constitution by their own act.
rr.erving to the States, as governments, snch
powers AS had not been granted to the General
Government The Constitution rests on CON
pact and agreement among the People that the,
would u.ake a common government tor common
purposes and was not Itself that compact II
referred To the resolution Of the British Pirlia-
ment on the deposition Of Jamps III in 1858
which had been quoted on The other SIDE. stated
that it had undergone long aud violent discussion
before il was adopted. and that II declared tn
Constitution of Englard to be founded on con.
pact. and DOT TO be compact lie agreed that
the People of the States came into thu, compact
as States. and that no State could force int" the
compact anv other STATE; but that all the People
of all the States had unt d to confer on tue g.
neral Government all the powers winch had not
| been reserved to the States The raiih auoG.
vt Massachusetts and New Hampshire aliude 10
c0mpacts among the People, and not berween the
States. He stated that the GENERA! pUrport o! The
resolution of Virginia was. tnar the compact was
between The People and ro' between the States
| He also commenced upon the construction put
| by the Sruator from S,uth Carolina, Oh the
phrase " We. the People," 81.
In reference to the power of the SupremsCourt
as final interpreter, he said a tew wo'ds He
admitted that the reserved rights OF the State,
were reservations equally against every Depart
ment of the Executive Government He stated
the opinions he had expressed on what was called
the Bank Veto.
He considered the error Of the Senator from
South Carolina to consist in his contemplating
this Government as oar Government and TWEEN.
tv four States, instead Of one Government and
one State He again referred to the opinion OF
Mr.. Madison, that league and government
"ere distinct, and that the people must take the
one or the other. lie stated that the convention
which formed the constitution, foreseeing The col
lislons which would ensue, were very ANXIOUS To
provide remedy, and To adopt some means for
solving the difficulties which should arise He
admitted that in d Tree country. living under
written constitution, the lowest Judiciary Court
had right TO express an opinion as to the consti-
lutionaiity of law Of the legislature. He re-
ferred to the appellate power OF the Court as the
most important. All the Courts d right to
| Judge for themselves. were 1t not that they had
given up that right to the common government.
| The Senator from Soutn Carolina had said that
he was on the side of liberty, and that he Mr..
W. was on the side OF power. Ii he (Mr. w
were to say that he on the side Of liberty and
the gentlemsa on the side of power, it would not
be more inaccessible of proof than the Other
He thought that he was on the side of liberty.
and he thought that the gentleman from South
Carnna MAS on the side Of power. for he stnud
Up for the power Of minority to rule ma jnrity,
for the dangerous power Of setting up thr voice
of sing State to say to all the other States.
take the law from our mouth II this vas mere