The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-25


has already been asked what he means By this reso
luton How Il Is pertinent or applicable 10 the
matter In hand1 What was bis answer Did he
say Il was 10 alay excitement, TO suppress debate
to check petitions No, nothing Of his-bnt he did,
in substance affirm, that was introduced as sort
Of constitutional platform, upon which, as newly
discovered footing the Senate were 10 gather tage-
Their aud stand al this momenions crisis. The Con-
situlion ITSELF without Senatorial amendment, is
broad and good enough for me TO stand upon Sir,
there have been many platforms creeds and confess
sons of faith, all Of which are designed 70 tie down
freedom ofthought and action, and which in general
do not believe have subserved any valuable purpo-
SEES. They designed 10 carry out particular doc
trnes and so the Senator from South Carolina ayers
in regard 10 his. He says II embraces the doctrine
of '98 and Il is expedIent occasionally to reilerae
fundamental principles Magma Charta was re-af.
frmed and hence the propriely, even upon this oc-
casion 10 reilerae and reafrm the fundamentals Of
the doctrine of '9S.
What. sir, Is the doctrine of DS 7 The Senator has
had some bitter experience In this matter He knows
where Il led HIM he knows what results he has con-
tended for under its authority, and he knows that
many others now on this floor who claim To respect
with equal Difference the doctrines of 90, travelled
paths widely divergent from his; paths so opposed
that they led 10 sharp bitter, and alarming conflict
This ought 10 teach the Senator not only the folly
but the danger of putting forth abstract theories upon
the Constitution.
BIT the Senator advances this theory because II
contains the only conservative principle-the only
remedy for the slave States. And what Is that con-
sentative principle, and what the remedy2 The
Senator from Delaware, in giving definition Of the
meaning Of the resolution, solved, perhaps without
designing H. this principle and remedy. Themovers
view of State rights, is as understood them, that
the United States are confederated corporations !;
each party TO the Constitution in the nature Of a.
treaty or confederation; and when this Government,
or perhaps one Of the States, in the judgment of
State shall violate this compact it may declare the
whole contract void because il has been broken, and
cease TO observe il with the same freedom and upon
the same principles that one nation declares treaty
null because The other party in its opinion, has vio
lated il. This must be the remedy--the right TO
secede from the Union when a State sees cause,
and what Is this but notification The resolution
is capable of two constructions; 10 bear out the
Senator's view; the other the view of those who
hold TO different construction of the Constitution,
and still call themselves State rights politicians But
what advantage can there be in avowing an opinion
that can only excite controversy about its meaning
It's futile 10 attempt 10 make the Constitution broad
er or narrower, for we have no power TO add or
diminish. We may sanction puzzng theories
about the probable intention of the United States,
but the Constitution must and will speak for itself,
be the opinions of this State what they may The
public will look upon such acts as they are, unne-
cesSary, and obligatory upon nobody, as mere al
tempts 10 give direction 10 the public Judgment
Sir, ask the Senator and the Senate to read the
preamble TO the Constitution, which now bring TO
their attention: u
form perfect Union, establish justice, ensure
domestic tranquility, provide for the common de-
fence promote the general welfare, and secure the
blessings Of liberty ourselves and posterity do
ordan and establish this Constitution for the United
States of America
And compare il with this first resolution, observe
its unequivocal language 1--WE, the people" &C.. in
stead Of the States, corporations and how they
will stand together But, sir, will not dwell on
this matter, which has been again and aqlin argued
nv The hest talent in the whether
the Constitution made by the States, as corpo-
rationS, otherwise: makes provision for null
lication gives no countenance TO il bat leaves it
10 stand on such theories as human invention has
brought TO its aid. am in no respect disposed to
revive it, since it has met with signal public con-
domination, and therefore shall vote against all abb
siractions where its seed Is sown. II is no part of
my duty TO SIT here forming creeds and confessions
of faith for the purpose of experimenting upon pub
lie opinion. The people, | hope, will think and act
for themselves and be TOO wise entangle their I'M
derstandings in the meshes Of politicians
What is the second resolution Itseems designed
to point out the duties Of the States towards
other in regard TO then domestic institutions, and
the duty Of this Government protect each State in
the enjoyment of all such domestic Institutions and
10 restrain such States assa those of other States.
This country stretches through wide space of the
earth-embraces twenty-six States-some almost un-
der vertical sun, while others in the region of
frost These domestic institutions, we all know,
must be various and different under different circum-
stances Those, for example, suited to Louisiana,
will be i'll fitted for Vermont. The views Of differ
eu States upon the necessity, character, and expe-
diency of domestic institutions will always conflict
and our organization was designed for that very
purpose. The right of speech, the freedom of the
press the liberty Of discussion are domestic institu-
tons; and 10 be restrained in the exercise of
any Of these precious rights because others differ
from us in our opinion, and may hold our reasoning
against their institutions injurious These matters
all belong 10 the States: and il lies with them TO
ttlnfn
the views opinions of other States. If the design
is to clothe this Government with power 10 abridge
the privileges Of the States then the Senate can ex-
ercise no such authority and had better pause before
its acts.
Bat, sir, must bring my remarks to close, as the
state OF my health viii not permit to proceed.
intended to have examined the character Of these re-
solutions more in detail and to state more fully my
objections; but must forbsar. / cannot however
sit down, without asking the Senator from South
Carolina again-why he Incorporates political doc
trines with this matter-why he mingles with slave
nv the annexation of Texas to the United Staes2
He says we must go back to elementary principles,
to fundamentals. Go back from where and what
are we TO go tot Sir, beth you and the Senator par
licipaed, but with quite different sentiments in that
act ofthis Govern aent sometimes called the Force
bill and each of you had your opinions upon that
celebrated paper called the Proclamation. You
were then arrayed against each other. The Sena-
tor Is about TO go back, and asks the Senate to 90
with him and they do go with him. but where from
and where TO He cannot be going to the Force
bill or the Proclamation and doubtless he consid-
eIs the Senate as going from them, back to what2
have endeavored TO show the character of the first
resolution, and the construction which may be put
upon 1t. II may possibly be considered an attempt TO
renew creed which the Force bill and the Procla-
nation had rendered Of doubtful authority. For
myself, had little sympathy with those who so
much lauded the Proclamation, or so much con-
demned the bill. The quarrel was between parts of
the same State Rights party Having drawn the at
tention of the Senate TO the use which fear may be
made in the country of this resolution shall not at
this time proceed further.
Mr.. Webster expressed hope that, as Mr.. Davis
i q.