YEAS.--Messrs. Hubbard and Parker. CONNECTICUT. "You are, you say, at war for maritime rights and free trade. But they see you lock up your commerce, and abandon the ocean. They see you invade an interior province of the enemy. They see you involve yourselves in a bloody war with the native savages: and they ask you if Pitkin, Sturges, and Taggart. you have, in truth, a maritime controversy with the Western Indians; and are really contending for sailors' rights with the tribes of the Prophet." NAYS.-Messrs. Champion, Davenport, Law, Moseley, none. tuted. NEW YORK. YEAS. Messrs. Avery, Fisk, Lefferts, Sage, and Taylor. VERMONT. YEAS.-Messrs. Bradley, Fisk, and Skinner. This speech requires no comment, and will admit of Its own words go beyond any that could be substi-ler, Moffit, Oakley, Post, Shepperd, Smith, and Winter. "Valiant spirits-too easy to be glorious--tone changed--prophecies unfulfilled-frontiers invaded-assistance called for-entertainment--animated allusions to the modes of Indian warfare--bloody war with the savages--contending with tribes. of the prophet for sailors' rights--weak and wicked-folly and corruption-lend no support--satisfied with the exhibition.” RHODE ISLAND. NAYS.-Messrs. Jackson and Potter. NEW JERSEY. YEAS. Messrs. Hasbrouck and Ward. Stockton. PENNSYLVANIA. NAY.--Mr. Markell. DELAWARE. NAYS.-Messrs. Cooper and Ridgely. MARYLAND. YEAS.-Messrs. Archer, Kent, McKim, Moore, Nelson, Ringgold, and Wright. VIRGINIA. YEAS.--Messrs. Burwell, Clopton, Dawson, Eppes, Ghol- NORTH CAROLINA. YEAS.-Messrs. Alston, Forney, Franklin, Kennedy, SOUTH CAROLINA. These phrases of cutting sarcasm, of cool contempt, of bitter reproach, and stern denial of succor, deserve to be placed in a parallel column with what we have just heard YEAS. Messrs. Anderson, Bard, Brown, Conard, Crawof love to the West, and of the protecting arm extended ford, Crouch, Findlay, Glasgow, Griffith, Ingersoll, Ingover her. I will not dwell upon them; but there are two ham, Lyle, Piper, Rea, Roberts, Seybert, Smith, Tannephrases which extort a brief remark: "Satisfied with the hill, Udree, Whitehill, and Wilson. exhibition"--"lend no support." What was the exhibition of these two campaigns, the first and second of the war, to which this expression of satisfaction, and denial of support, extends? It was this: In the southwest, the massacre at Fort Mimms; the Creek nation in arms; British incendiaries in Pensacola and St. Marks, exciting savages. to war, and slaves to rebellion; the present President of the United States at the Ten Islands of the Coosa river, in a stockade of twenty yards square, with forty young men of Nashville, holding the Creek nation in check, and calling for support. In the Northwest, all the forts which covered the frontiers captured and garrisoned by the enemy; Michigan Territory reduced to the condition of a British province; Ohio invaded; the enemy encamped and entrenched upon her soil; the British flag flying over it--over that soil of Ohio, which, according to what we have just heard, could not bear the tread of a slave, now trod in triumph by the cruel Proctor and his ferocious myrmidons. This is the exhibition which the first and second campaigns presented in the West; for I limit mys-lf to that quarter of the Union, the present question being one of relative friendship to the West. This is the exhibition which the West presented--these the scenes which called for succor, and to relieve which the extract Troup. that I have read declares that none would be lent. The author of that speech was satisfied with this exhibition; he would do nothing to change it. The political and geo- gomery, Ormsby, and Sharp. graphical party with which he acted were equally well satisfied, and equally determined to let things remain as they were. They voted accordingly against every measure for the relief of the bleeding and invaded West; against the bill to fill the ranks of the regular army; against the bill to call out the militia; against the bill to borrow money; against the bill to lay taxes; against the bill to issue treasury notes! The Journals of Congress will show the recorded votes of those who now set up for the exclusive friends of the West, in opposition to all Such were the votes of the North and South on the these bills. The reading of the yeas and nays on the passage of this bill. Such were the votes of the then whole of these measures would be tedious and unneces-dominant party of the Northeast, in that dark hour of sary; a single set will show how they stood in every in- calamity and trial to the West. Such was their answer stance. I select, for my example, the vote in the House in reply to our calls for help--even the calls of that Ohio, of Representatives on the passage of the bill the discussion of which called forth the speech from which an extract has been made. YEAS.-Messrs. Calhoun, Chappell, Cheves, Earle, Evans, Gordon, Kershaw, and Lowndes. GEORGIA. YEAS.--Messrs. Barnet, Forsyth, Hall, Tellfair, and KENTUCKY. YEAS.-Messrs. Clark, Desha, Duvall, McKee, Mont TENNESSEE. YEAS. Messrs. Bowen, Grundy, Harris, Humphreys, Rhea, and Sevier. OHIO. YEAS.—--Messrs. ́Alexander, Beale, Caldwell, Creighton, Kilbourn, and McLean. LOUISIANA. YEA.-Mr. Robertson. which is now the cherished object of all affection, the chosen theme of highest eulogy, the worshipped star in that new constellation of superior planets, which are to shed, not their "selectest influences," but "disastrous twilight on half the States." It is not for me to trace a parallel beNAYS.-Messrs. Cilley, Hale, Vose, Webster, and Wilcox. tween these votes and the words and acts of the same po The Vote.-Yeas, 97; Nays, 58. NEW HAMPSHIRE. FEB. 2, 1830. Mr. Foot's Resolution. [SENATE litical party in the States from which the voters came. have less memory, less gratitude, less sensibility to danIt is not for me to measure the difference between the ger, than these poor beasts? And shall he stand less upon conduct which gives aid to the enemy and that which his guard, when the hand that smote is stretched out to denies aid to your own country. The question is a close entice? shall man, bearing the image of his Creator, sink one, and may exercise the ingenuity of those who can thus low? shall the generous son of the West fall below detect the difference between the west side and the his own dumb and reasonless cattle, in all the attributes northwest side of a hair." It is not for me to confound of memory, gratitude, and sense of danger? shall his these votes and the extract of the speech with the words Timeo Danaos" have been taught to him in vain? shall and acts of those who received the successes of their own he forget the things which he saw, and part of which he country with grief, and its defeats with joy; who held was-the events of the late war-the memorable scenes "soft intercourse" with the enemy, when he had esta- of fifteen years ago? The events of former times, of blished himself upon the soil, and upon the calamities of forty years ago, may be unknown to those who are born this Union; who saw, with savage exultation, the cruel since. The attempt to surrender the navigation of the massacre and dreadful burning of the wounded prisoners Mississippi; to prevent the settlement of the West; the at the river Raisin, and gave vent to their hellish joy, from refusal to protect the early settlers of Kentucky and Tenthe holy pulpit, in the impious declaration that "God had nessee, or to procure for them a cession of Indian lands; given them blood to drink." It is not for me to confound all these trials, in which the South was the savior of the these things; it may be for others to unmix them. I turn West, may be unknown to the young generation, that has to a more grateful task: to the contemplation of the con- come forward since; and with respect to these events, beduct of the South, in the same season of woe and calamity. ing uninformed, they may be unmindful and ungrateful. What was then their conduct? What their speeches and They did not see them; and, like the second generation their votes in Congress? Their efforts at home? Their of the Israelites, in the Land of Promise, who knew not prayers in the temple of God? Time and ability would the wonders which God had done for their forefathers in fail in any attempt to perform this task, to enumerate the Egypt, they may plead ignorance, and go astray after names and acts of those generous friends, in the South, strange gods; after the Baals and the Astaroths of the who then stood forth our defenders and protectors, and heathen; but not so of the events of the last war. These gave us men and money, and beat the domestic foe in the they saw! the aid of the South they felt! the deeds of a capitol, while we beat the foreign one in the field. Time party in the Northeast they felt, also. Memory will do and my ability would fail to do them justice; but there is its office for both; and base and recreant is the son of the one State in the South, the name and praise of which West that can ever turn his back upon the friends that the events of this debate would drag from the stones of saved, to go into the arms of the enemy that mocked and the West, if they could rise up in this place and speak. scorned him in that season of dire calamity. It is the name of that State upon which the vials, filled I proceed to a different theme. Among the novelties with the accumulated wrath of years, have been suddenly of this debate, is that part of the speech of the Senator and unexpectedly emptied before us, on a motion to post- from Massachusetts which dwells with such elaboration pone a land debate. That State, whose microscopic of of argument and ornament, upon the love and blessings fence, in the obscure parish of Colleton, is to be hung in of Union-the hatred and horror of disunion. equipoise with the organized treason, and deep damna- part of the Senator's speech which brought into full play tion, of the Hartford Convention: that State, whose pre- the favorite Ciceronian figure of amplification. It was sent dislike to a tariff which is tearing out her vitals, is up to the rule in that particular. But, it seemed to me, to be made the means of exciting the West against the that there was another rule, and a higher, and a precewhole South: that State, whose dislike to the tariff laws is to dent one, which it violated. It was the rule of propriety; be made the pretext for setting up a despotic authority in that rule which requires the fitness of things to be consithe Supreme Court: that State which, in the old Con-dered; which requires the time, the place, the subject, gress, in 1785, voted for the reduction of the price of and the audience, to be considered; and condemns the depublic lands to about one-half of the present minimum; livery of the argument, and all its flowers, if it fails in conwhich, in 1786, redeemed, after it was lost, and carried, gruence to these particulars. I thought the essay upon by its single vote, the first measure that ever was adopted union and disunion had so failed. It came to us when for the protection of Kentucky, that of the two compa- we were not prepared for it; when there was nothing in nies sent to the Falls of Ohio: that State which, in the pe- the Senate, nor in the country, to grace its introduction; riod of the late war, sent us a Lowndes, a Cheves, and a nothing to give, or to receive, effect to, or from, the imCalhoun, to fight the battles of the West in the capitol, passioned scene that we witnessed. It may be, it was the and to slay the Goliahs of the North: that State which, at prophetic cry of the distracted daughter of Priam, breakthis day, has sent to this chamber, the Senator [Mr. HAYNE] ing into the council, and alarming its tranquil members whose liberal and enlightened speech, on the subject of the with vaticinations of the fall of Troy: But to me, it all public lands, has been seized upon and made the pretext for sounded like the sudden proclamation for an earthquake, that premeditated aggression upon South Carolina, and when the sun, the earth, the air, announced no such prodithe whole South, which we have seen met with a promp-gy; when all the elements of nature were at rest, and sweet titude, energy, gallantry, and effect, that has forced the repose pervading the world. There was a time, and you, assailant to cry out an hundred times that he was still and I, and all of us, did see it, sir, when such a speech would alive, though we all could see that he was most cruelly have found, in its delivery, every attribute of a just and pounded. It was a rigorous propriety! It was at a time, when the five-stripMemory is the lowest faculty of the human mind; the ed banner was waving over the land of the North! when irrational animals possess it in common with man; the poor the Hartford Convention was in session! when the lanbeasts of the field have memory. They can recollect the guage in the capitol was, "Peaceably, if we can; forcihand that feeds, and the foot that kicks them; and the in- bly, if we must!" when the cry, out of doors, was, "the stinct, of self preservation tells them to follow one, and Potomac the boundary; the negro States by themselves! to avoid the other. Without any knowledge of Greek or The Alleghanies the boundary; the Western savages by Latin, these mute, irrational creatures "fear the Greek themselves! The Mississippi the boundary, let Missouri offering presents;" they shun the food, offered by the be governed by a prefect, or given up as a haunt for hand that has been lifted to take their life. This is their wild beasts!" That time was the fit occasion for this instinct; and shall man, the possessor of so many noble speech; and if it had been delivered then, either in the faculties, with all the benefits of learning and experience, hall of the House of Representatives, or in the den of SENATE.] Mr. Foot's Resolution. [FEB. 2, 1830. the convention, or in the high way, among the bearers States, in point of law and right, did not exist, and could and followers of the five-striped banner, what effects not exist, under the nature of our free form of Governmust it not have produced! What terror and consterna- ment; and that the Supreme Court of the United States tion among the plotters of disunion! But, here, in this would so declare it. This declaration was made about loyal and quiet assemblage, in this season of general tran- ten years ago, in the crisis and highest paroxysm of the quillity and universal allegiance, the whole performance Missouri agitation. Since then, we have seen this declarhas lost its effect for want of affinity, connexion, or rela-ation repeated and enforced, in every variety of form and tion, to any subject depending, or sentiment expressed, shape, by an organized party in all the non-slaveholding in the Senate; for want of any application, or reference, States. Since then, we have seen the principles of the to any event impending in the country. same declaration developed in legislative proceedings, in I now take leave of this part of my subject, with one the shape of committee reports and public debate, in the expression of unmixed satisfaction, at a part, a very small balls of Congress. Since then, we have had the D'Aupart, of the speech of the Senator from Massachusetts; it terive case, and seen a petition presented from the Chair is the part in which he disclaimed, in reply to an inquiry of the House of Representatives, Mr. JOHN W. TAYLOR from you, sir, the imputation of a change of policy on being Speaker, in which the total destruction of all the the Tariff and Internal Improvement questions. Before States that would not abandon slavery was expressly rethat disclaimer was heard, a thousand voices would have presented as a sublime act. With these facts before us, sworn to the imputation; since, no one will swear it. and myriads of others, which I cannot repeat, but which And the reason given for not referring to you, for not are seen by all, the probability of a federal legislative act speaking at you, was decent and becoming. You have against slavery rises in the scale, and assumes the characno right of reply, and manhood disdains to attack you.ter of moral certainty, in the event of the success of cerThis I comprehend to have been the answer, and the rea- tain designs now on foot. So much for what may happen son so promptly given by the Senator from Massachusetts in Congress. Now for the Judiciary. I have just referin reply to your inquiry. I am pleased at it. It gives me red to the declaration of an ex-Senator, [Mr. KING of an opportunity of saying there was something in that speech New York] of all others the best acquainted with the which commands my commendation, and, at the same arcana of his party; who was to that party, for a full time, relieves me from the duty of stating to the Senate a reason why the presiding officer, being Vice President of the United States, should not be struck at from this floor. He cannot reply, and that disability is his shield in the eyes of all honorable men. Fourth Day's Remarks. quences of that doctrine. quarter of a century, the law and the prophets; for a bold assertion of what the Supreme Court would do in a question of existence, or non-existence, of slavery in the United States. He openly asserted that the Supreme Court would declare that no such thing could exist! It is not to be presumed that that aged, experienced, informI touched it incidentally, towards the conclusion of tion of such dire and dreadful import; an assertion so deed and responsible Senator would have hazarded an assermy speech of yesterday, on the large-I think I may say licately affecting the judges then on the bench of that despotic--power, claimed by the Senator from Massachusetts [Mr. WEBSTER] for the Federal Supreme Court, friends; and looking to such disastrous consequences to court; a majority of them his personal and political over the independent States, whose voluntary union has the Union, without probable, if not certain, ground for established this confederacy. I touched incidentally upon the basis of his assertion. it, and now recur to it for the purpose of making a single far at least as one of the judges was concerned, seems to That he had such grounds, so remark, and presenting a single illustration of the conse- be incontestable. That court is called supreme; Mr. Justice Story, at Portsmouth, New Hampshire, in the A charge delivered to a grand jury by month of May, 1820--for the date is material-it tallies, classed for review, as an article of politics, in the North in point of time, with the assertion in the Senate, and was American Review, with the substance of Mr. King's two speeches on the floor of the Senate, which were the sig nal for the Missouri strife--a signal as well understood, and as implicitly obeyed, as the signal for battle in the Roman camp, when the Red Mantle of the Consul was hung on the outside of the tent. This charge, to a grand jury, establishes the fact of authority for the assertion of Mr. King, so far at least as one of the judges is concerned. and not upon the recital of another, let the charge itself But as every man should be judged by his own words, be read; let the Judge announce his own sentiments, in his own language. but this character of supremacy, which the Federal constitution bestows upon it, has reference to inferior courts --the District and Circuit Courts-and not to the States of this Union. A power to decide on the Federal constitutionality of State laws, and to bind the States by the decision, in all cases whatsoever, is a power to govern the States. It is a power over the sovereignty of the States; and that power includes, in its practical effects, authority over every minor act and proceeding of the States. The range of Federal authority was large, under the words of the constitution; it is becoming unlimited under the assumption of implied powers. The room for conflict between Federal and State laws was sufficiently ample, in cultivating the clear and open field of the expressed powers; when the exploration of the wilderness of implications is to be added to it, the recurrence of these conflicts becomes incessant and universal, covering all time, and The Charge-Extract. meeting at every point of Federal or State policy. The "The existence of slavery under any shape is so repug annihilation of the States, under a doctrine which would nant to the natural rights of man and the dictates of jusdraw all these conflicts to the Federal Judiciary, and make tice, that it seems difficult to find for it any adequate jusits decisions binding upon the States, and subjected to the tification. It undoubtedly had its origin in times of barpenalties of treason all who resisted the execution of barism, and was the ordinary lot of those who were conthese decrees, would produce that consequence. It quered in war. It was supposed that the conqueror would annihilate the States! It would reduce them to had a right to take the life of his captive, and by conthe abject condition of provinces of the Federal Em- sequence might well bind him to perpetual servitude. pire! It would enable the dominant party in Congress, at But the position itself on which this supposed right is foundany moment, to execute the most frightful designs. Let ed is not true. No man has a right to kill his enemy, us suppose a case--one by no means improbable-on the except in cases of absolute necessity; and this absolute necontrary almost absolutely certain, in the event of the suc- cessity ceases to exist, even in the estimation of the concess of certain measures now on foot: The late Mr. King, queror himself, when he has spared the life of his prisoner. of New York, when a member of the American Senate, And ever if, in such cases, it were possible to contend for declared, upon this floor, that slavery in these United the right of slavery, as to the prisoner himself, it is impos FEB. 2, 1830.] Mr. Foot's Resolution. [SENATE. sible that it can justly extend to his innocent offspring We have read and heard much, [said Mr. B.] of late through the whole line of descent. I forbear, however, years, of the madness and violence of the people-the tyto touch on this delicate topic, not because it is not worthy ranny and oppression of military leaders: but we have of the most deliberate attention of all of us, but it does heard nothing of judicial tyranny, judicial oppression, and not properly fall in my province on the present occasion." judicial subserviency to the will and ambition of the King or President of a country. Nothing has been said "And, gentlemen, how can we justify ourselves, or on this branch of the subject, and nothing that I have ever apologize for an indifference to this subject? Our con- seen, or read of, has sunk so deep upon my mind as the stitutions of government have declared that all men are history of judicial tyranny, exemplified in the submission born free and equal, and have certain unalienable rights, of the judges to the will of those who made them. My very among which are the right of enjoying their lives, liberty, early reading led me to the contemplation of the most and property, and secking and obtaining their own safety impressive scenes of this character, which the history of and happiness. May not the miserable African ask, Am any country affords-speak of the British State Trials, I not a man and a brother? We boast of our noble strength which I read at seven or eight years old, under the direcagainst the encroachments of tyranny, but do we forget tion of a mother, then a very young, now an aged widow. that it assumed the mildest form in which authority ever It was her wish to form her children to a love of liberty, assailed the rights; and yet there are men amongst us who and a hatred of tyranny, and I had wept over the fate of think it no wrong to condemn the shivering negro to per- Raleigh, and Russell, and Sydney, and I will add, the Lapetual slavery." dy Alice Lyle, before I could realize the conception that they belonged to a different country, and a different age, "We believe in the Christian religion. It commands us from my own. I drank deep at that fountain! I drew up to have good will to all men; to love our neighbors as our-repeated, copious, and overflowing draughts of grief and selves, and to do unto all men as we would they should do sorrow for suffering victims--of resentment, fear, and unto us. It declares our accountability to the Supreme terror, for their cruel oppressors. Nothing which I have God for all our actions, and holds out to us a state of fu- read in history since, not even the massacres of Marius and ture rewards and punishments, as the sanction by which Sylla, nor the slaughters of the French Revolution, have our conduct is to be regarded. And yet there are men, sunk so deep upon my mind as the scenes which the Bricalling themselves Christians, who degrade the negro by tish State Trials disclosed to me; the view of the illustriignorance to a level with the brutes, and deprive him of ous of the land seized, upon the hint of the King, carried all the consolations of religion. He alone, of all the ra- to the dungeon, from the dungeon to the court, from the tional creation, they seem to think, is to be at once ac- court to the scaffold; there, the body half-hung, cut down countable for his actions, and yet his actions are not to be half alive, the belly ript open, and the bowels torn out, the at his own disposal; but his mind, his body, and his feel- limbs divided and stuck over gates, the property confiscatings, are to be sold to perpetual bondage." ed to the King, the blood of the family attainted, and wiWe will take the case of slavery then as the probable, dows and orphans turned out to scorn and want. Nothing and in the event of the success of certain designs now on which I have ever read equals the deep impression of these foot, as the certain one, on which the new doctrine of ju- scenes; partly because they came upon my infant mind, dicial supremacy over the States may be tried. The case more because it was a cold-blooded business, a heartless tyof the Georgia Cherokees is a more proximate, and may ranny, in which the judges acted for the King, without be a precedent one; but, as no intimation of the possible passions of their own, and are stript of all the extenuations decision of the court in that case has been given, I shall which contending parties claim for their excesses when pretermit it, and limit myself to the slavery case, in which either gets the upper hand in the crisis of great struggles. the declaration of Mr. King, and the charge of one of the Truc, these scenes of judicial tyranny and oppression exjudges, leaves me at liberty to enter, without guilt of intru-isted long since; but where is the modern instance of judision, into that sanctum sanctorum of the judiciary-the cial opposition to the will of a King or President of the privy chamber of the judges--the door of which has been country for the time being? Are there five instances in flung wide open. Let us suppose then that a law of Con- five centuries? Are there four? three? two? one? No, gress passes, declaring that slavery does not exist in the not one! The nearest approach to such opposition, in the United States--that the States South of the Potomac and history of the British Judiciary, is the famous case of the Ohio, with Missouri from the West of the Mississippi, de-ship money, when four judges, out of twelve, ventured ny the constitutionality of the law-that the Supreme an opinion against the Crown. In our own country no Court takes cognizance of the denial-commands the re- opposition from the bench has gone that length. The fractory States to appear at its bar--decides in favor of odious and notorious sedition law was enforced throughout the law of Congress, and puts forth the decree which, ac- the land by federal judges. Not one declared against it; cording to the new doctrine, it is treason to resist! What and if a civil war, in that disastrous period between the next? Either acquiescence or resistance, on the part of Presidents Washington and Jefferson, had depended upon the slave States. Acquiescence involves, on the part of the judicial enforcement of that act, we should have had the States towards this court, a practical exemplification civil war. We have heard much of the independence of of the old slavish doctrines of passive obedience and non- the judges, but since about eight hundred years ago, resistance which the Sacheverells of Queen Anne's time when the old King Alfred hung four and forty of them in preached and promulgated in favor of the King against the one year, for false judgments, there have been but few subject; with all the mischief, superadded, of turning manifestations of judicial independence in reference to the loose two millions of slaves here, as the French National power from which they derive their appointment. Since Convention and their agents, Santhonax and La Croix, had that time, the judges and the appointing power have usuturned loose the slaves of the West India Islands. Resist- ally thought alike in all the cardinal questions which affect ance incurs all the guilt of treason and rebellion; draws that power. This may be accounted for without drawing down upon the devoted States the troops and fanatics of an inference to the dishonor of the judge, and as it will the Federal Government, arms all the negroes according to the principle declared in D'Auterive's case, and calls in, by way of attending to the women and children, the knife and the hatchet of those Georgia Cherokees which it is now the organized policy of a political party to retain, and maintain, in the bosom of the South. VOL. VI.-15 answer my purpose just as well to place the account upon that foot, I will cheerfully do it. I will say, then, that Kings and Presidents, having the nomination of judges, forever have chosen, and upon all the principles of human action with which I am acquainted, forever will choose, these high judicial officers from the class of men whose SENATE.] Mr. Foot's Resolution. [FEB. 2, 1830. political creed corresponds with their own. This is enough to be a measure of cherished importance to the West. Let for me; it is enough for the illustration of the subject us see how the rival parties divided upon it. The Senator which we have in hand. Supposing a certain design, now from Massachusetts stated the division loosely, and without on foot, to succeed; supposing, some four or eight years precision as to the numbers. He said that New England, hence, a new creation of judges to come forth, either un- with forty members in the House of Representatives, gave der a new law for the extension of the judiciary, or to fill more affirmative votes than the four Southern States with up vacancies; supposing the doctrine to be established their fifty-two members. How many more he did not say; which is now announced by the Senator from Massachu- and that want of precision induced me to cause the matsetts, [Mr. WEBSTER] and that court has to pass upon a ter to be looked into; and the result appears to be that in slavery law, or an Indian law, which the States hold to be the list of yeas, New England, on that occasion, beat the void, and decree it to be binding, where is then the legiti- South two votes, and in the list of nays, she beat three mate conclusion of the gentleman's doctrine? Passive votes; that is to say, she gave two votes more than the obedience and non-resistance to the Supreme Court, and South did for the passage of the bill, and three votes more the President that made it, or civil war with Indians and than the South against the passage of it! This leaves a negroes for the allies of the Federal Government. Sir, I majority of one in favor of the South, and so off goes the do not argue this point of the debate; I have a task before other leg of the two legged stool; and the Senator from Masme-the rectification of the assertions of the Senator from sachusetts, according to my arithmetic, is flat upon the Massachusetts--which I mean to execute. I have turned ground. aside from that task to make a remark upon the doctrine, I think, sir, it was in the triumph of his soul at having and to illustrate it by an example which would make the two instances, and those the ones I have dissected, in which Supreme Federal Court despotic over the States. I re- New England gave favorable votes to the West, prior to turn to my task, with repeating the words of him [Mr. the honey moon of the Presidential election of 1825, that RANDOLPH] whose words will be the rallying cry of liberty the Senator from Massachusetts broke out into his time and patriotism in ages yet to come; I repeat them, then, when," "manner how," and "cause why," which seemed but without the magical effect of that celestial infusion to have been received as attic wit "by some quantity of which God vouchsafed to him, divine eloquence, the barren spectators" that chanced to be then present. I words which, three months ago, electrified the Virginia think it was in reference to these two instances that the Convention: "The chapter of Kings, in the Holy Bible, Senator from Massachusetts made his address to the Senafollows next after the chapter of Judges." tor from South Carolina, [General HAYNE] and still ringing I will now take up the instances, I believe there are but the changes upon the when, the how, and the why, said few of them, and that I can make short work of them, to the Senator from South Carolina that, if this did not quoted by the Senator from Massachusetts [Mr. W.] in satisfy him of the disinterested affection of the Northeast support of his assertion, that all the measures favorable to to the West, prior to the scenes of soft dalliance which the West have been carried by northern votes in opposi- accompanied the Presidential election of 1825, that he did tion to southern ones. He asserted this to be the case not know how he ever would be satisfied. Good, sir, let from the beginning to the ending, from the first to the us close a bargain-pardon the phrase--on that word. The last, of the chapter of this Government; but he did not go Senator from Massachusetts knows of nothing to prove afback to the beginning of the chapter, nor even to the mid- fection in the Northeast to the West prior to the sweet condle of it, nor, in fact, further than some ten leaves of it. junction and full consummation of 1825, except these two He got back to the year 1820, just to the edge of the Mis-instances. They seemed to be but a poor dependence--a souri question, but not a word of that, and began with the small plaster for a large sore--when he brought them forreduction of the price of public land from two dollars to ward. What are they now? Reduced to nothing--literal. one dollar and twenty-five cents per acre. That he pro-ly nothing--worse than nothing; an admitted acknowledg claims as a western measure, and dwells upon it, that New ment that the case wanted proof, and that none can possiEngland gave thirty-three votes in favor of that reduction, bly be found. and the four Southern States but thirty-two! Verily, this But the tariff! the tariff! That is a blessing, at least, is carrying the measure in opposition to the votes of the which the West must admit it received from the NorthSouth, in a new and unprecedented sense of the word.east! Not the tariff of 1824: for against that, it is avowBut was it a Western measure? The history of the day ed by the Senator from Massachusetts that the New Eng tells us no; that the Western members were generally land delegation voted in solid column. It is the tariff of against it, because it combined a change of terms from the 1828 to which he alludes, and for the blessings of which to credit to the ready money system, with the reduction. the West he now claims its gratitude to the Northeast. This made it unacceptable to the Western members, and Upon this claim I have two answers to make: First, that they voted against it almost in a body. The leading men this instance of affection to the West is posterior to the of the West opposed it; Mr. Clay in a speech, with great election of 1825, and falls under the qualification of the earnestness. Mr. Trimble and Mr. Metcalfe, of Kentucky, entire system of changes which followed, consequentially, voted against it; both the Kentucky Senators did the same; upon the approximation and conjunction of the planets both the present Senators from Indiana; the Representa- which produced that event. Secondly, that almost the tive from Illinois, and many others. The opposition, though only item in that tariff of any real value to the Westnot universal, was general from the West; and no member the increased duty on hemp, was struck at from the Northlost the favor of his constituents on that account. The east, and defended from the South. The Senator from Senator's first instance, then, of New England favor to the Massachusetts, to whom I am now replying, himself moved West, happens to be badly selected. It fails at both points to expunge the clause which proposed to grant us that inof the argument; at the alleged victory over the South, crease of duty. True, he preposed to substitute a noin behalf of the West, and at the essential feature of favor minal and illusory bounty on the insignificant quantity of to the West itself. This is a pity. It knocks one leg off hemp used on the ships of war of the United States, of the stool which had but two legs to it from the begin- being the one twentieth part of what is used on the merning. The Senator had but two instances of New England chant vessels, and undertook to make us believe that the favor to the West, prior to the cooing and billing of the one twentieth part of a thing was more than the whole. Presidential election in the House of Representatives in He could not make us believe it. We refused his bounty; 1825. One of these is gone; now for the next. This we voted eighteen against him, being every Senator from next one, sole survivor of a stinted race, is the extension of the West; New England voted ten out of twelve against credit to the land debtors in the year 1821. This I admit us; the South voted eight out of eight for us; and the in |