Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-16
MIR wEBsTER,s SPEECH,

This, then, sir, is declared to be constitution.
4 constitution is the fundamental law of the
State; and this is expressly declared to be the
supreme law. 1t is as if the people had said.
" we prescribe this fundamental law" or {" this
supreme law" for they do say that they establish
this constitutions and that it shall be the supreme
law. They say that they ordain and establish
IL. Now, sir, what is the common application
of these words? We do not speas Of ordaining
leagues and compacts. II this was intended TO
be compact or league, and the States to be par
lies to il, why was it not so saidf WHY is there
found no one expression in the whole instrument
indicating such intent? The old confederation
was expressly called league; and into this
league il was declared that the States, as States,
severally entered. Whv was not similar Ian
guage used in the Constitution, If a similar in.
lention had existed? Why was it not said,
{" the States enter into this new league" - the
States form this new confederation" or "the
States agree to this new compac~ Or, why
was il not said, in the language OF the gentle
mans resolution, that the people OF the several
States acceded to this compact in their sovereign
capacities! What reason is there for supposng
that the trainers Of the constitution rejected ex
pressions appropriate ia their own meaning, and
adopted others wholly at war with that meaning?
Again. sir, the constitution speaks Of that po-
litical system which it established ''he Go
ueramcnt Of the Uaifed States !" Is it not doing
strange violence to language to call league or a
compact between sovereign Powers a Govern
ment? The Cover nment Of State Is that orga-
niza,ion ia which the political power resides
IL is the political being, created by the constitu
ton or fundamental law. The broad and clear
difference between a Government and league.
or compact. is, that Government is body po-
litic; it has a ~ll Of its own; and it possesses
powers and faculties to execute ITS own purposes
Every compact looks to some power TO enforce
its stipulations. Even in a compact between So
vereign communities, there always exists this
ultimate reference to power to ensure ITS exc
cuton; although, in such case, this power is but
the force of one party against the force OF ano
ther-that is to say, the power of war. But a
Gouern,nent executes its decisions by its own su
preme authority. Its use of force in compelling
Obedience 10 It's own enactments, is not war. -
1t contemplates no opposing party having right
Of resistance. 1t rests Oh its own power to en-
force its own will; aud when it ceases to possess
this power il is no longer Government.
Mr.. President. | concur SO generally in the
very able speech Of the gentleman from Virginia,
near me, Mr.. Rives. that it is not without diff
fdence and regret that venture to differ with
him on any point. His opinions, sir, are redo
lent OF the doctrines Of very distinguished
school. for which have the highest regard, of
whose doctrines can say, what l also can say
Of the genteman's speech, that. while | concur
in the results. must be permitted to hesitate
about some Of the premises. do not agree that
the constitution is a compact between States IN
their sovereign capacities. do not agree that,
in strictness Of language, IL IS a compact al all
But do agree. that IL is founded on consent. or
agreement; or on compact. IL the gentleman pre-
fcrs that word, and means no more by il than
voluntary consent or agreement. The cOnstitu
ton, sir, is not contract, but the result Of
contract; meaning, by contract, no more than
assent Founded on consent. it is a Cavern
ment proper. Adopted by the agreement Of the
people Of the United States, when adopted, it
has become a constitution. The people have
agreed to make constitution; but when made,
that constitution becomes what its name imports.
1t is no longer mere agreement. Our laws,
sir, have their foundation in the agreement. or
consent. of the two Houses Of Congress. We
saw, habitually. that one House proposes a bill.
aud the other agrees to it; but the result Of this
agreement is not a compact. but law. The
law. the statute, is not the agreement, but some
thing created by the agreement; aud something
acts by it's own authority. So. the constitution
of the United States. founded in or on the con.
sent of the people, may BE- said to rest on con-
pact or consent; but it is itself not the compact.
bu; its result. When n people agree to erect a
government, and actually erect it. the thing is
done. and the agreement is at an end. The
compact is executed. aud the end designed hy Il
attained, Henceforth, the fruit of the agreement
exists, but the agreement itself is merged into its
own accomplishment; since there can be no lony.
er subs's,ing agreement, or compact, TO form
a constitution or government, after that consti-
tuition or government has been actually formed
aud established.
II appears to me. Mr.. President, that the
planest account of the establishment of this Go
vernment presents the most just and philusophi-
cal view of its foundation. The People Of the
several states had their separate State Govern.
ments; and between the States there also exist.
ed confederation. With this condition of things
the People we're not satisfied, as the confedera-
ton had been found not to fulfil its intended oh.
iects. Ii was proposed therefore, to erect a