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JAN. 25, 1830.]

Mr. Foot's Resolution.

[SENATE.

what would have been the next chapter in this history, if their history. But this opens with a vast accession of the measures recommended had been carried into effect; strength from their younger recruits, who having nothing and if, with the men and money of New England with- in them of the feelings and principles of '76, now look to held from the Government of the United States, she had a single and splendid Government, &c., riding and ruling been withdrawn from the war; if New Orleans had fallen over the plundered ploughman and beggared yeomanry." into the hands of the enemy; and if, without troops, and—(4 vol. 419, 422.)

almost destitute of money, the Southern and the Western The last chapter, says r. Jefferson, of that history, is States had been thrown upon their own resources for the to be found in the conduct of those who are endeavoring prosecution of the war, and the recovery of New Orleans? to bring about consolidation: ay, sir, that very consolidaSir, whatever may have been the issue of the contest, the tion for which the gentleman from Massachusetts is conUnion must have been dissolved. But a wise and just tending the exercise, by the Federal Government, of Providence, which "shapes our ends, rough-hew them as powers not delegated in relation to "internal improvewe will," gave us the victory, and crowned our efforts ments," and "the protection of manufactures." And with a glorious peace. The ambassadors of Hartford why, sir, does Mr. Jefferson consider consolidation as leadwere seen retracing their steps from Washington, "the ing directly to disunion? Because he knew that the exerbearers of the glad tidings of great joy." Courage and cise by the Federal Government, of the powers contendpatriotism triumphed; the country was saved; the Union ed for, would make this "a Government without limita was preserved. And are we, who stood by our coun- tion of powers," the submission to which he considered as try then; who threw open our coffers; who bared our a greater evil than disunion itself. There is one chapter bosoms; who freely periled all in that conflict, to be in this history, however, which Mr. Jefferson has not filreproached with want of attachment to the Union? led up, and I must therefore supply the deficiency. It is If, sir, we are to have lessons of patriotism read to us, to be found in the protest made by New England against they must come from a different quarter. The Senator the acquisition of Louisiana. In relation to that subject from Massachusetts, who is now so sensitive on all subjects the New England doctrine is thus laid down by one of her connected with the Union, seems to have a memory for- learned political doctors of that day, now a doctor of laws, getful of the political events that have passed away. I at the head of the great literary institution of the East--I must, therefore, refresh his recollection a little farther on mean Josiah Quincy, President of Harvard College. these subjects. The history of disunion has been writ-quote from the speech delivered by that gentleman on the ten by one, whose authority stands too high with the Ame-floor of Congress, on the occasion of the admission of Louirican people to be questioned-I mean Thomas Jefferson.siana into the Union.

I know not how the gentleman may receive this authority. "Mr. Quincy repeated and justified a remark he had. When that great and good man occupied the presidential made, which, to save all misapprehension, he had comchair, I believe he commanded no portion of that gentle-mitted to writing, in the following words: If this bill passman's respect. es, it is my deliberate opinion that it is virtually a disso

I hold in my hand a celebrated pamphlet on the embar-lution of the Union; that it will free the States from their go, in which language is held in relation to Mr. Jefferson, moral obligation; and as it will be the right of all, so it which my respect for his memory will prevent me from will be the duty of some, to prepare for a separation, reading, unless any gentleman should call for it. But the amicably if they can, violently if they must." Senator from Massachusetts has since joined in singing I wish it to be distinctly understood [said Mr. H.] that all hosannas to his name; he has assisted at his apotheosis, the remarks I have made on this subject, are intended to and has fixed him as "a brilliant star in the clear upper be exclusively applied to a party, which I have described as sky;" I hope, therefore, he is now prepared to receive the peace party of New England"-embracing the powith deference and respect the high authority of Mr. Jef- litical associates of the Senator from Massachusetts-a ferson. In the fourth volume of his memoirs, which party which controlled the operations of that State during has just issued from the press, we have the follow- the embargo and the war, and who are justly chargeing history of disunion, from the pen of that illustrious able with all the measures I have reprobated. Sir, nostatesman: "Mr. Adams called on me pending the embar- thing has been further from my thoughts than to impeach go, and while endeavors were making to obtain its repeal: the character or conduct of the people of New England. he spoke of the dissatisfaction of the Eastern portion of For their steady habits and hardy virtues, I trust I enterour confederacy with the restraints of the embargo then tain a becoming respect. I fully subscribe to the truth existing, and their restlessness under it. That there was of the description given before the Revolution, by one nothing which might not be attempted to rid themselves whose praise is the highest eulogy, "that the perseverof it. That he had information of the most unquestiona-ance of Holland, the activity of France, and the dexteble certainty, that certain citizens of the Eastern States, rous and firm sagacity of English enterprise, have been (I think he named Massachusetts particularly) were in more than equalled by this recent people.' Hardy, negotiation with agents of the British Government, the enterprising, sagacious, industrious, and moral, the peoobject of which was an agreement that the New England ple of New England of the present day, are worthy of States should take no further part in the war, [the com- their ancestors. Still less has it been my intention to mercial war, the "war of restrictions," as it was called] say any thing that could be construed into a want then going on, and that, without formally declaring their of respect for that party, who, trampling on all narseparation from the Union, they should withdraw from all row, sectional feelings, have been true to their principles aid and obedience to them, &c. From that moment [says Mr. in the worst of times--I mean the democracy of New EngJ.] I saw the necessity of abandoning it, [the embargo] and, land. instead of effecting our purpose by this peaceful weapon, Sir, I will declare that, highly as I appreciate the dewe must fight it out, or break the Union." In another mocracy of the South, I consider even higher praise to be letter Mr. Jefferson adds: "I doubt whether a single fact due to the democracy of New England--who have mainknown to the world will carry as clear conviction to tained their principles "through good and through evil it of the correctness of our knowledge of the treasona- report," who at every period of our national history have ble views of the federal party of that day, as that disclosed stood up manfully for their country, their whole coun by this the most nefarious and daring attempt to dissever try, and nothing but their country.' In the great politithe Union, of which the Hartford Convention was a sub-cal revolution of '98, they were found united with the desequent chapter; and both of these having failed, consoli- mocracy of the South, marching under the banner of the dation becomes the fourth chapter of the next book of constitution, led on by the patriarch of liberty, in search

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SENATE.]

Mr. Foot's Resolution.

[JAN. 25, 1830.

of the land of political promise, which they lived not on-Report of '99. It will be recollected that the Legislaly to behold, but to possess and to enjoy. Again, sir,ture of Virginia, in December, '98, took into considerain the darkest and most gloomy period of the war, when tion the alien and sedition laws, then considered by all our country stood single handed, against "the conqueror Republicans as a gross violation of the constitution of the of the conquerors of the world," when all about and United States, and on that day passed, among others, the around them was dark, and dreary, disastrous and dis- following resolution: couraging, they stood a Sparta: band in that narrow pass, "The General Assembly doth explicitly and peremp where the honor of their country was to be defended, or torily declare, that it views the powers of the Federal to find its grave. And in the last great struggle, involv- Government, as resulting from the compact to which the ing, as we believe, the very existence of the principle of States are parties, as limited by the plain sense and inpopular sovereignty, where were the democracy of New tention of the instrument constituting that compact, as no England? Where they always have been found, sir, strug-further valid than they are authorized by the grants enugling side by side with their brethren of the South and merated in that compact; and that, in case of a deliberate, the West for popular rights, and assisting in that glorious triumph by which the man of the people was elevated to the highest office in their gift.

palpable, and dangerous exercise of other powers, not
granted by the said compact, the States who are par-
ties thereto have the right, and are in duty bound, to in-
terpose for arresting the progress of the evil, and for
maintaining within their respective limits, the authorities,
rights, and liberties, appertaining to them."
In addition to these resolutions, the General Assembly of
Virginia "appealed to the other States, in the confidence
that they would concur with that Commonwealth that the
acts aforesaid [the alien and sedition laws] are unconstitu-
tional, and that the necessary and proper measures would
be taken by each for co-operating with Virginia in main-
taining unimpaired the authorities, rights, and liberties,
reserved to the States, respectively, or to the people."

Who, then, are the friends of the Union? [asked Mr. H.] Those who would confine the Federal Government strictly within the limits prescribed by the constitution; who would preserve to the States and the People all powers not expressly delegated; who would make this a Federal and not a National Union, and who, administering the Government in a spirit of equal justice, would make it a blessing, and not a curse. And who are its enemies? Those who are in favor of consolidation; who are constantly stealing power from the States, and adding strength to the Federal Government. Who, assuming an unwarrantable jurisdiction over the States and the People, un- The Legislatures of several of the New England States dertake to regulate the whole industry and capital of the having, contrary to the expectation of the Legislature of country. But, sir, of all description of men I consider Virginia, expressed their dissent from these doctrines, the those as the worst enemies of the Union, who sacrifice the subject came up again for consideration, during the sesequal rights which belong to every member of the Con- sion of 1799, 1800, when it was referred to a Select Comfederacy to combinations of interested majorities, for per-mittee, by whom was made that celebrated report which sonal or political objects. But the gentleman apprehends is familiarly known as "Madison's Report," and which deno evil from the dependence of the States on the Federal serves to last as long as the constitution itself. In that Government; he can see no danger of corruption from the report, which was subsequently adopted by the Legisla influence of money or of patronage. Sir, I know that it ture, the whole subject was deliberately re-examined, is supposed to be a wise saying "that patronage is a and the objections urged against the Virginia doctrines source of weakness," and in support of that maxim, it carefully considered. The result was, that the Legishas been said, that "every ten appointments make a hun- lature of Virginia re-affirmed all the principles laid down dred enemies." But I am rather inclined to think, with in the resolutions of 1798, and issued to the world that the eloquent and sagacious orator now reposing on his admirable report which has stamped the character of Mr. laurels on the banks of the Roanoke, that "the power of Madison as the preserver of that constitution which he had conferring favors creates a crowd of dependents;" he contributed so largely to create and establish. I will gave a forcible illustration of the truth of the remark, here quote, from Mr. Madison's report, one or two passawhen he told us of the effect of holding up the savory ges which bear more immediately on the point in controorsel to the eager eyes of the hungry hounds gathered versy. "The resolution, having taken this view of the around his door. It mattered not whether the gift was federal compact, proceeds to infer that, in case of a debestowed on Towzer or Sweetlips, "Tray, Blanche, or liberate, palpable, and dangerous exercise of other powSweetheart;" while held in suspense, they were all gov-ers, not granted by the said compact, the States, who are crned by a nod, and when the morsel was bestowed, the parties thereto, have the right, and are in duty bound, to expectation of the favors of to-morrow kept up the sub- interpose for arresting the progress of the evil, and for jection of to-day. maintaining, within their respective limits, the authorities, rights, and liberties, appertaining to them.'

The Senator from Massachusetts, in denouncing what he is pleased to call the Carolina doctrine, has attempted to "It appears to your Committee to be a plain principle, throw ridicule upon the idea that a State has any constitu- founded on common sense, illustrated by common prac tional remedy, by the exercise of its sovereign authority, tice, and essential to the nature of compacts, that, where against "a gross, palpable, and deliberate violation of the resort can be had to no tribunal superior to the authority constitution." He calls it "an idle" or "a ridiculous of the parties, the parties themselves must be the rightful notion," or something to that effect, and added, it would judges, in the last resort, whether the bargain made has make the Union "a mere rope of sand." Now, sir, as been pursued or violated. The constitution of the United the gentleman has not condescended to enter into any ex- States was formed by the sanction of the States, given by amination of the question, and has been satisfied with each, in its sovereign capacity. It adds to the stability throwing the weight of his authority into the scale, I do and dignity, as well as to the authority of the constitunot deem it necessary to do more than to throw into the tion, that it rests on this legitimate and solid foundation. opposite scale the authority on which South Carolina re- The States, then, being the parties to the constitutional lies, and there, for the present, I am perfectly willing to compact, and in their sovereign capacity, it follows, of neleave the controversy. The South Carolina doctrine, that cessity, that there can be no tribunal, above their authoris to say, the doctrine contained in an exposition reported ity, to decide, in the last resort, whether the compact by a Committee of the Legislature in December, 1828, made by them be violated; and, consequently, that, as and published by their authority, is the good old Repub- the parties to it, they must, themselves, decide, in the lican doctrine of '98; the doctrine of the celebrated last resort, such questions as may be of sufficient magniVirginia Resolutions" of that year, and of "Madison's tude to require their interposition."

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JAN. 25, 1830.]

Mr. Foot's Resolution.

[SENATE.

"The resolution has guarded against any misappre-is authorized literally to decide which belongs to itself or hension of its object, by expressly requiring, for such its co-partner in Government; in differences of opinion, an interposition, the case of a deliberate, palpable, and between their different sets of public servants, the appeal dangerous breach of the constitution, by the exercise of is to neither, but to their employers, peaceably assembled powers not granted by it.' It must be a case, not of a by their representatives in convention." The opinions of light and transient nature, but of a nature dangerous to Mr. Jefferson, on this subject, have been so repeatedly and the great purposes for which the constitution was esta-so solemnly expressed, that they may be said to have been blished." the most fixed and settled convictions of his mind. "But the resolution has done more than guard against In the protest prepared by him for the Legislature of misconstruction, by expressly referring to cases of a deli-Virginia, in December, 1825, in respect to the powers exberate, palpable, and dangerous nature. It specifies the ercised by the Federal Government in relation to the Taobject of the interposition, which it contemplates to be, riff and Internal Improvements, which he declares to be solely, that of arresting the progress of the evil of usur- usurpations of the powers retained by the States, mere pation, and of maintaining the authorities, rights, and interpolations into the compact, and direct infractions of liberties, appertaining to the States, as parties to the con-it," he solemnly re-asserts all the principles of the Virgi stitution." nia resolutions of '98, protests against "these acts of the "From this view of the resolution, it would seem incon-Federal branch of the Government as null and void, and ceivable that it can incur any just disapprobation from declares that, although Virginia would consider a dissoluthose who, laying aside all momentary impressions, and tion of the Union as among the greatest calamities that recollecting the genuine source and object of the federal could befall them, yet it is not the greatest. There is one constitution, shall candidly and accurately interpret the yet greater: submission to a Government of unlimited meaning of the General Assembly. If the deliberate ex-powers. It is only when the hope of this shall become ercise of dangerous powers, palpably withheld by the absolutely desperate, that further forbearance could not constitution, could not justify the parties to it in interpos- be indulged." ing, even so far as to arrest the progress of the evil, and In his letter to Mr. Giles, written about the same time, thereby to preserve the constitution itself, as well as to he says: provide for the safety of the parties to it, there would be "I sec see as you do, and with the deepest affliction, the an end to all relief from usurped power, and a direct sub-rapid strides with which the Federal branch of our Goversion of the rights specified or recognized under all the vernment is advancing towards the usurpation of all the State constitutions, as well as a plain denial of the funda- rights reserved to the States, and the consolidation in itmental principles on which our independence itself was self of all powers, foreign and domestic, and that, too, by declared." constructions which leave no limits to their powers, &c. But, sir, our authorities do not stop here. The State Under the power to regulate commerce, they assume inof Kentucky responded to Virginia, and, on the 10th of definitely that also over agriculture and manufactures, &c. November, 1798, adopted those celebrated resolutions, Under the authority to establish post roads, they claim well known to have been penned by the author of the that of cutting down mountains for the construction of Declaration of American Independence. In those resolu- roads and digging canals, &c. And what is our resource tions, the Legislature of Kentucky declare "that the Go- for the preservation of the constitution? Reason and arvernment created by this compact was not made the ex-gument? You might as well reason and argue with the clusive or final judge of the extent of the powers delegat- marble columns encircling them, &c. Are we then to stand ed to itself, since that would have made its discretion, and to our arms, with the hot-headed Georgian? No-[and I not the constitution, the measure of its powers; but that, say no, and South Carolina has said no]-that must be the as in all other cases of compact among parties having no com- last resource. We must have patience and long endurmon judge, each party has an equal right to judge for ance with our brethren, &c. and separate from our comitself, as well of infractions, as of the mode and measure panions only when the sole alternatives left are a dissoluof redress." tion of our Union with them, or submission to a GovernAt the ensuing session of the Legislature, the subject ment without limitation of powers. Between these two was re-examined, and, on the 14th of November, 1799, evils, when we must make a choice, there can be no the resolutions of the preceding year were deliberately hesitation."

re-affirmed, and it was, among other things, solemnly de- Such, sir, are the high and imposing authorities in supclared, "that, if those who administer the General Go-port of the "Carolina doctrine," which is, in fact, the vernment be permitted to transgress the limits fixed by that doctrine of the Virginia resolutions of 1798. compact, by a total disregard to the special delegations of Sir, at that day the whole country was divided on this power therein contained, an annihilation of the State Go- very question. It formed the line of demarcation between vernments, and the erection, upon their ruins, of a Gene- the federal and republican parties, and the great political ral consolidated Government, will be the inevitable con- revolution which then took place turned upon the very That question sequence. That the principle and construction contend-question involved in these resolutions. ed for, by several of the State Legislatures, that the Gen- was decided by the people, and by that decision the coneral Government is the exclusive judge of the extent of stitution was, in the emphatic language of Mr. Jefferson, the powers delegated to it, stop nothing short of despo-"saved at its last gasp." I should suppose, sir, it would tism; since the discretion of those who administer the require more self-respect than any gentleman here would Government, and not the constitution, would be the mea-be willing to assume, to treat lightly doctrines derived sure of their powers. That the several States who form-from such high sources. Resting on authority like this, ed that instrument, being sovereign and independent, have I will ask gentlemen whether South Carolina has not manthe unquestionable right to judge of its infraction; and, ifested a high regard for the Union, when, under a tyranthat a nullification, by those sovereignties, of all unauthor-ny ten times more grievous than the alien and sedition ized acts, done under color of that instrument, is the right-laws, she has, hitherto, gone no further than to petition, ful remedy." remonstrate, and solemnly to protest against a series of Time and experience confirmed Mr. Jefferson's opinion measures which she believes to be wholly unconstitutionon this all-important point. In the year 1821, he express. al, and utterly destructive of her interests? Sir, South ed himself in this emphatic mnnner: "It is a fatal heresy Carolina has not gone one step further than Mr. Jefferson to suppose that either our State Governments are supe- himself was disposed to go, in relation to the very subrior to the Federal, or the Federal to the State; neither ject of our present complaints; not a step further than VOL. VI.-8

SENATE.]

Mr. Foot's Resolution.

[JAN. 26, 27, 1830. the statesmen from New England were disposed to go un'our complaints. It is the principle involved in the conder similar circumstances; no further than the Senator from test--a principle which, substituting the discretion of Massachusetts himself once considered as within "the lim- Congress for the limitations of the constitution, brings the its of a constitutional opposition." The doctrine that it is the States and the people to the feet of the Federal Governright of a State to judge of the violations of the constitu- ment, and leaves them nothing they can call their own. tion on the part of the Federal Government, and to pro- Sir, if, the measures of the Federal Government were less tect her citizens from the operation of unconstitutional oppressive, we should still strive against this usurpation. laws, was held by the enlightened citizens of Boston, who The South is acting on a principle she has always held saassembled in Faneuil Hall, on the 25th January, 1809. cred--resistance to unauthorized taxation. These, sir, They state, in that celebrated memorial, that "they looked are the principles which induced the immortal Hampden only to the State Legislature, who were competent to de to resist the payment of a tax of twenty shillings. Would vise relief against the unconstitutional acts of the General twenty shillings have ruined his fortune? No; but the Government. That your power [say they] is adequate to payment of half twenty shillings, on the principle on that object is evident from the organization of the con- which it was demanded, would have made him a slave. federacy." Sir, if, in acting on these high motives, if, animated by A distinguished Senator from one of the New England that ardent love of liberty which has always been the most States, [Mr. Hillhouse] in a speech delivered here, on a prominent trait in the Southern character, we should be bill for enforcing the embargo, declared: "I feel myself hurried beyond the bounds of a cold and calculating prubound in conscience to declare, lest the blood of those dence, who is there, with one noble and generous sentiwho shall fall in the execution of this measure shall be on ment in his bosom, that would not be disposed, in the lanmy head, that I consider this to be an act which directs guage of Burke, to exclaim, "You must pardon somea mortal blow at the liberties of my country; an act con- thing to the spirit of liberty!" taining unconstitutional provisions, to which the people are not bound to submit, and to which, in my opinion, they will not submit."

Mr. WEBSTER here rose to reply; but as the hour was advanced, (it being then near four o'clock) he yielded the floor to

Mr. BELL, who moved an adjournment, which motion was agreed to.

TUESDAY, JANUARY 26, 1830.

And the Senator from Massachusetts, himself, in a speech delivered on the same subject, in the other House, said, "This opposition is constitutional and legal; it is, also, conscientious. It rests on settled and sober conviction, that such policy is destructive to the interests of the people, and dangerous to the being of the Government. The Senate resumed the consideration of Mr. FOOT'S The experience of every day confirms these sentiments. resolution, when Mr. WEBSTER addressed the Senate Men who act from such motives are not to be discouraged in reply to the last speech of Mr. HAYNE. About by trifling obstacles nor awed by any dangers. They half past three o'clock he gave way to a request of one know the limit of constitutional opposition; up to that of the members for an adjournment.

limit, at their own discretion, they will walk, and walk fearlessly." How "the being of the Government" was to be endangered by "constitutional opposition to the embargo, "I leave to the gentleman to explain.

WEDNESDAY, JANUARY 27, 1830.

The Senate resumed the consideration of Mr. FOOT'S resolution; when

Mr. WEBSTER, in a speech of three hours' length, concluded his argument.

Thus, it will be seen, [said Mr. H.] that the South Car olina doctrine is the republican doctrine of '98; that it was first promulgated by the fathers of the faith; that it was maintained by Virginia and Kentucky in the worst of [The speech, as delivered yesterday and to-da, was as times; that it constituted the very pivot on which the po- follows:] fitical revolution of that day turned; that it embraces the Mr. PRESIDENT: When the mariner has been tossed, for very principles the triumph of which, at that time, saved many days, in thick weather, and on an unknown sea, he he constitution at its last gasp, and which New England naturally avails himself of the first pause in the storm, the statemen were not unwilling to adopt, when they believed earliest glance of the sun, to take his latitude, and ascerthemselves to be the victims of unconstitutional legisla- tain how far the elements have driven him from his true tion. Sir, as to the doctrine that the Federal Government course. Let us imitate this prudence, and, before we float is the exclusive judge of the extent, as well as the limita- farther, on the waves of this debate, refer to the point ions of its powers, it seems to me to be utterly subver- from which we departed, that we may, at least, be able to ive of the sovereignty and independence of the States. form some conjecture where we now are. I ask for the It makes but little difference, in my estimation, whether reading of the resolution. Congress or the Supreme Court are invested with this [The Secretary read the resolution, as follows: >ower. If the Federal Government, in all or any of its "Resolved, That the Committee on Public Lands be lepartments, are to prescribe the limits of its own author-instructed to inquire and report the quantity of the public ty, and the States are bound to submit to the decision, lands remaining unsold within each State and Territory, and nd are not to be allowed to examine and decide for them- whether it be expedient to limit, for a certain period, the elves, when the barriers of the constitution shall be over-sales of the public lands to such lands only ashave heretofore eaped, this is practically "a government without limita- been offered for sale, and are now subject to entry at the ion of powers." The States are at once reduced to mere minimum price. And, also, whether the office of Surveyor petty corporations, and the people are entirely at your General, and some of the land offices, may not be abolishmercy. I have but one word more to add. In all the ef- ed, without detriment to the public interest; or whether it forts that have been made by South Carolina to resist the be expedient to adopt measures to hasten the sales, and unconstitutional laws which Congress has extended over extend more rapidly the surveys of the public lands."] them, she has kept steadily in view the preservation of We have thus heard, sir, what that resolution is, which the Union, by the only means by which she believes it is actually submitted for our consideration; and it will can be long preserved--a firm, manly, and steady resist- readily occur to every one, that it is almost the only subance against usurpation. The measures of the Federal ject about which something has not been said in the speech, Government have, it is true, prostrated her interests, and running through two days, by which the Senate has been will soon involve the whole South in irretrievable ruin. now entertained by the gentleman from South Carolina. But even this evil, great as it is, is not the chief ground of Every topic in the wide range of our public affairs, wheth

JAN. 27, 1830.]

Mr. Foot's Resolution.

[SENATE,

er past or present; every thing, general or local, whether that the Senate should adjourn. Would it have been belonging to national politics, or party politics, seems to quite amiable in me, sir, to interrupt this excellent good have attracted more or less of the honorable member's feeling? Must I not have been absolutely malicious, if I attention, save only the resolution before us. He has spok-could have thrust myself forward, to destroy sensations en of every thing but the public lands. They have escap-thus pleasing? Was it not much better and kinder, both ed his notice. To that subject, in all his excursions, he to sleep upon them myself, and to allow others, also, the has not paid even the cold respect of a passing glance. pleasure of sleeping upon them? But if it be meant, by When this debate, sir, was to be resumed on Thursday sleeping upon his speech, that I took time to prepare a remorning, it so happened that it would have been conveni-ply to it, it is quite a mistake: owing to other engagements, ent for me to be elsewhere. The honorable member, I could not employ even the interval, between the adjourn however, did not incline to put off the discussion to anoth-ment of the Senate and its meeting the next morning, in er day. He had a shot, he said, to return, and he wished attention to the subject of this debate. Nevertheless, sir, to discharge it. That shot, sir, which it was kind thus to the merc matter of fact is undoubtedly true-I did sleep inform us was coming, that we might stand out of the way, on the gentleman's speech, and slept soundly; and I slept or prepare ourselves to fall before it, and die with decen- equally well on his speech of yesterday, to which I am ey, has now been received. Under all advantages, and now replying. It is quite possible that, in this respect, with expectation awakened by the tone which preceded it, also, I possess some advantage over the honorable memit has been discharged, and has spent its force. It may ber, attributable, doubtless, to a cooler temperament on become me to say no more of its effect, than that, if no-my part: for, in truth, I slept upon his speeches remarkbody is found, after all, either killed or wounded by it, it is not the first time, in the history of human affairs, that the vigor and success of the war have not quite come up to the lofty and sounding phrase of the manifesto.

I found a re

ably well. But the gentleman inquires why he was made the object of such a reply? Why was he singled out? If an attack had been made on the East, he, he assures us, did not begin it; it was the gentleman from Missouri. Sir, The gentleman, sir, in declining to postpone the debate, I answered the gentleman's speech, because I happened to told the Senate, with the emphasis of his hand upon his hear it; and because, also, I chose to give an answer to heart, that there was something rankling here, which he that speech, which, if unanswered, I thought most likely wished to relieve. [Mr. HAYNE rose, and disclaimed having to produce injurious impressions. I did not stop to inquire used the word rankling.] It would not [said Mr. W.] be safe who was the original drawer of the bill. for the honorable member to appeal to those around him,sponsible endorser before me, and it was my purpose to upon the question, whether he did, in fact, make use of that hold him liable, and to bring him to his just responsibility, word. But he may have been unconscious of it. At any without delay. But, sir, this interrogatory of the honorrate, it is enough that he disclaims it. But-still, with or able member was only introductory to another. He prowithout the use of that particular word, he had yet something ceeded to ask me, whether I had turned upon him, in this here, of which he wished to rid himself by an immediate debate, from the consciousness that I should find an overreply. In this respect, sir, I have a great advantage over match, if I ventured on a contest with his friend from the honorable gentleman. There is nothing here, sir, Missouri. If, sir, the honorable member, ex gratia modeswhich gives me the slightest uneasiness; neither fear, nor fiæ, had chosen thus to defer to his friend, and to pay him anger, nor that which is sometimes more troublesome than a compliment, without intentional disparagement to others, either the consciousness of having been in the wrong. it would have been quite according to the friendly cour There is nothing, either originating here, or now received tesies of debate, and not at all ungrateful to my own feelhere, by the gentleman's shot. Nothing original: for I ings. I am not one of those, sir, who esteem any tribute had not the slightest feeling of disrespect or unkindness of regard, whether light and occasional, or more serious and towards the honorable member. Some passages, it is true,deliberate, which may be bestowed on others, as so much had occurred since our acquaintance in this body, which I unjustly withholden from themselves. But the tone and could have wished might have been otherwise; but I ha! manner of the gentleman's question forbid me that I thus used philosophy and forgotten them. When the bonora-interpret it. I am not at liberty to consider it as nothing ble member rose, in his first speech, I paid him the re-more than a civility to his friend. It had an air of taunt and spect of attentive listening; and when he sat down, though disparagement, a little of the loftiness of asserted supesurprised, and, I must say, even astonished, at some of his riority, which does not allow me to pass it over without opinions, nothing was farther from my intention than to notice. It was put as a question for me to answer-and so commence any personal warfare: and through the whole of put as if it were difficult for me to answer--whether I the few remarks I made in answer, I avoided, studiously deemed the member from Missouri an over-match for and carefully, every thing which I thought possible to be construed into disrespect. And, sir, while there is thus nothing originating here, which I wished, at any time, or now wish to discharge, I must repeat, also, that nothing Matches and over-matches! Those terms are more aphas been received here, which rankles, or, in any way, plicable elsewhere than here, and fitter for other assemgives me annoyance. I will not accuse the honorable blics than this. Sir, the gentleman seems to forget where, inember of violating the rules of civilized war. I will not and what, we are. This is a Senate--a Senate of equals: say that he poisoned his arrows. But whether his shafts of men of individual honor and personal character, and of were, or were not, dipped in that which would have caus-absolute independence. We know no masters: we aced rankling, if they had reached, there was not, as it hap-knowledge no dictators. This is a hall for mutual consultapened, quite strength enough in the bow to bring them to tion and discussion; not an arena for the exhibition of their mark. If he wishes now to gather up those shafts, champions. I offer myself, sir, as a match for no man; I he must look for them elsewhere: they will not be found throw the challenge of debate at no man's feet. But, fised and quivering in the object at which they were aimed. then, sir, since the honorable member has put the quesThe honorable member complained that I had slept on tion in a manner that calls for an answer; I will give him his speech. Sir, I must have slept on it, or not slept at all. an answer; and I tell him, that, holding myself to be the The moment the honorable member sat down, his friend humblest of the members here, I yet know nothing in the from Missouri 1ose, and, with much honeyed commenda- arm of his friend from Missouri, either alone, or when aidtion of the speech, suggested that the impressions which ited by the arm of his friend from South Carolina, that need had produced were too charming and delightful to be dis-deter, even me, from espousing whatever opinions I may fun bed by other sentiments, or other sounds, and proposed choose to espouse; from debating whenever I may choose

myself, in debate here? It seems to me, sir, that this is extraordinary language, and an extraordinary tone, for the discussions of this body.

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