The Great Speeches and Orations of Daniel Webster With an Essay on Daniel Webster as a Master of English Style (part 6 of 8)

The Great Speeches and Orations of Daniel Webster With an Essay on Daniel Webster as a Master of English Style (part 6 of 8)

Mr. President, you were yourself in the House during a considerable part of this time. The honorable gentleman may make a witness of you. He may make a witness of anybody else. He may be his own witness. Give us but some fact, some charge, something capable in itself either of being proved or disproved. Prove any thing, state any thing, not consistent with honorable and patriotic conduct, and I am ready to answer it. Sir, I am glad this subject has been alluded to in a manner which justifies me in taking public notice of it; because I am well aware that, for ten years past, infinite pains has been taken to find something, in the range of these topics, which might create prejudice against me in the country. The journals have all been pored over, and the reports ransacked, and scraps of paragraphs and half-sentences have been collected, fraudulently put together, and then made to flare out as if there had been some discovery. But all this failed. The next resort was to supposed correspondence. My letters were sought for, to learn if, in the confidence of private friendship, I had ever said any thing which an enemy could make use of. With this view, the vicinity of my former residence has been searched, as with a lighted candle. New Hampshire has been explored, from the mouth of the Merrimack to the White Hills. In one instance a gentleman had left the State, gone five hundred miles off, and died. His papers were examined; a letter was found, and I have understood it was brought to Washington; a conclave was held to consider it, and the result was, that, if there was nothing else against Mr. Webster, the matter had better be let alone. Sir, I hope to make everybody of that opinion who brings against me a charge of want of patriotism. Errors of opinion can be found, doubtless, on many subjects; but as conduct flows from the feelings which animate the heart, I know that no act of my life has had its origin in the want of ardent love of country.

Sir, when I came to Congress, I found the honorable gentleman a leading member of the House of Representatives. Well, Sir, in what did we differ? One of the first measures of magnitude, after I came here, was Mr. Dallas's[1] proposition for a bank. It was a war measure. It was urged as being absolutely necessary to enable government to carry on the war. Government wanted revenue; such a bank, it was hoped, would furnish it; and on that account it was most warmly pressed and urged on Congress. You remember all this, Mr. President. You remember how much some persons supposed the success of the war and the salvation of the country depended on carrying that measure. Yet the honorable member from South Carolina opposed this bill. He now takes to himself a good deal of merit, none too much, but still a good deal of merit, for having defeated it. Well, Sir, I agreed with him. It was a mere paper bank; a machine for fabricating irredeemable paper. It was a new form for paper money; and instead of benefiting the country, I thought it would plunge it deeper and deeper in difficulty. I made a speech on the subject; it has often been quoted. There it is; let whoever pleases read and examine it. I am not proud of it for any ability it exhibits; on the other hand, I am not ashamed of it for the spirit which it manifests. But, Sir, I say again that the gentleman himself took the lead against this measure, this darling measure of the administration. I followed him; if I was seduced into error, or into unjustifiable opposition, there sits my seducer.

What, Sir, were other leading sentiments or leading measures of that day? On what other subjects did men differ? The gentleman has adverted to one, and that a most important one; I mean the navy. He says, and says truly, that at the commencement of the war the navy was unpopular. It was unpopular with his friends, who then controlled the politics of the country. But he says he differed with his friends; in this respect he resisted party influence and party connection, and was the friend and advocate of the navy. Sir, I commend him for it. He showed his wisdom. That gallant little navy soon fought itself into favor, and showed that no man who had placed reliance on it had been disappointed.

Well, Sir, in all this I was exactly of the opinion of the honorable gentleman.

Sir, I do not know when my opinion of the importance of a naval force to the United States had its origin. I can give no date to my present sentiments on this subject, because I never entertained different sentiments. I remember, Sir, that immediately after coming into my profession, at a period when the navy was most unpopular, when it was called by all sorts of hard names and designated by many coarse epithets, on one of those occasions on which young men address their neighbors, I ventured to put forth a boy's hand in defence of the navy. I insisted on its importance, its adaptation to our circumstances and to our national character, and its indispensable necessity, if we intended to maintain and extend our commerce. These opinions and sentiments I brought into Congress; and the first time in which I presumed to speak on the topics of the day, I attempted to urge on the House a greater attention to the naval service. There were divers modes of prosecuting the war. On these modes, or on the degree of attention and expense which should be bestowed on each, different men held different opinions. I confess I looked with most hope to the results of naval warfare, and therefore I invoked government to invigorate and strengthen that arm of the national defence. I invoked it to seek its enemy upon the seas, to go where every auspicious indication pointed, and where the whole heart and soul of the country would go with it.

Sir, we were at war with the greatest maritime power on earth. England had gained an ascendency on the seas over all the combined powers of Europe. She had been at war twenty years. She had tried her fortunes on the Continent, but generally with no success. At one time the whole Continent had been closed against her. A long line of armed exterior, an unbroken hostile array, frowned upon her from the Gulf of Archangel, round the promontory of Spain and Portugal, to the extreme point of Italy. There was not a port which an English ship could enter. Everywhere on the land the genius of her great enemy had triumphed. He had defeated armies, crushed coalitions, and overturned thrones; but, like the fabled giant, he was unconquerable only while he touched the land. On the ocean he was powerless. That field of fame was his adversary's, and her meteor flag was streaming in triumph over its whole extent.

To her maritime ascendency England owed every thing, and we were now at war with her. One of the most charming of her poets had said of her,--

"Her march is o'er the mountain waves, Her home is on the deep."

Now, Sir, since we were at war with her, I was for intercepting this march; I was for calling upon her, and paying our respects to her, at home; I was for giving her to know that we, too, had a right of way over the seas, and that our marine officers and our sailors were not entire strangers on the bosom of the deep. I was for doing something more with our navy than keeping it on our own shores, for the protection of our coasts and harbors; I was for giving play to its gallant and burning spirit; for allowing it to go forth upon the seas, and to encounter, on an open and an equal field, whatever the proudest or the bravest of the enemy could bring against it. I knew the character of its officers and the spirit of its seamen; and I knew that, in their hands, though the flag of the country might go down to the bottom, yet, while defended by them, that it could never be dishonored or disgraced.

Since she was our enemy, and a most powerful enemy, I was for touching her, if we could, in the very apple of her eye; for reaching the highest feather in her cap; for clutching at the very brightest jewel in her crown. There seemed to me to be a peculiar propriety in all this, as the war was undertaken for the redress of maritime injuries alone. It was a war declared for free trade and sailors' rights. The ocean, therefore, was the proper theatre for deciding this controversy with our enemy, and on that theatre it was my ardent wish that our own power should be concentrated to the utmost.

So much, Sir, for the war, and for my conduct and opinions as connected with it. And, as I do not mean to recur to this subject often, nor ever, unless indispensably necessary, I repeat the demand for any charge, any accusation, any allegation whatever, that throws me behind the honorable gentleman, or behind any other man, in honor, in fidelity, in devoted love to that country in which I was born, which has honored me, and which I serve. I, who seldom deal in defiance, now, here, in my place, boldly defy the honorable member to put his insinuation in the form of a charge, and to support that charge by any proof whatever.

The gentleman has adverted to the subject of slavery. On this subject, he says, I have not proved myself a friend to the South. Why, Sir, the only proof is, that I did not vote for his resolutions.

Sir, this is a very grave matter; it is a subject very exciting and inflammable. I take, of course, all the responsibility belonging to my opinions; but I desire these opinions to be understood, and fairly stated. If I am to be regarded as an enemy to the South, because I could not support the gentleman's resolutions, be it so. I cannot purchase favor from any quarter, by the sacrifice of clear and conscientious convictions. The principal resolution declared that Congress had plighted its faith not to interfere either with slavery or the slave trade in the District of Columbia.

Now, Sir, this is quite a new idea. I never heard it advanced until this session. I have heard gentlemen contend that no such power was in the Constitution; but the notion, that, though the Constitution contained the power, yet Congress had plighted its faith not to exercise such a power, is an entire novelty, so far as I know. I must say, Sir, it appeared to me little else than an attempt to put a prohibition into the Constitution, because there was none there already. For this supposed plighting of the public faith, or the faith of Congress, I saw no ground, either in the history of the government, or in any one fact, or in any argument. I therefore could not vote for the proposition.

Sir, it is now several years since I took care to make my opinion known, that this government has, constitutionally, nothing to do with slavery, as it exists in the States. That opinion is entirely unchanged. I stand steadily by the resolution of the House of Representatives, adopted, after much consideration, at the commencement of the government, which was, that Congress has no authority to interfere in the emancipation of slaves, or in the treatment of them, within any of the States; it remaining with the several States alone to provide any regulations therein, which humanity and true policy may require. This, in my opinion, is the Constitution and the law. I feel bound by it. I have quoted the resolution often. It expresses the judgment of men of all parts of the country, deliberately and coolly formed; and it expresses my judgment, and I shall adhere to it. But this has nothing to do with the other constitutional question; that is to say, the mere constitutional question whether Congress has the power to regulate slavery and the slave trade in the District of Columbia.

On such a question, Sir, when I am asked what the Constitution is, or whether any power granted by it has been compromised away, or, indeed, could be compromised away, I must express my honest opinion, and always shall express it, if I say any thing, notwithstanding it may not meet concurrence either in the South, or the North, or the East, or the West. I cannot express by my vote what I do not believe. The gentleman has chosen to bring that subject into this debate, with which it has no concern; but he may make the most of it, if he thinks he can produce unfavorable impressions against me at the South from my negative to his fifth resolution. As to the rest of them, they were commonplaces, generally, or abstractions; in regard to which, one may well feel himself not called on to vote at all.

And now, Sir, in regard to the tariff. That is a long chapter, but I am quite ready to go over it with the honorable member.

He charges me with inconsistency. That may depend on deciding what inconsistency is, in respect to such subjects, and how it is to be proved. I will state the facts, for I have them in my mind somewhat more fully than the honorable member has himself presented them. Let us begin at the beginning. In 1816 I voted against the tariff law which then passed. In 1824 I again voted against the tariff law which was then proposed, and which passed. A majority of New England votes, in 1824, were against the tariff system. The bill received but one vote from Massachusetts; but it passed. The policy was established. New England acquiesced in it; conformed her business and pursuits to it; embarked her capital, and employed her labor, in manufactures; and I certainly admit that, from that time, I have felt bound to support interests thus called into being, and into importance, by the settled policy of the government. I have stated this often here, and often elsewhere. The ground is defensible, and I maintain it.

As to the resolutions adopted in Boston in 1820, and which resolutions he has caused to be read, and which he says he presumes I prepared, I have no recollection of having drawn the resolutions, and do not believe I did. But I was at the meeting, and addressed the meeting, and what I said on that occasion was produced here, and read in the Senate, years ago.

The resolutions, Sir, were opposed to the commencing of a high tariff policy. I was opposed to it, and spoke against it; the city of Boston was opposed to it; the Commonwealth of Massachusetts was opposed to it. Remember, Sir, that this was in 1820. This opposition continued till 1824. The votes all show this. But in 1824 the question was decided; the government entered upon the policy; it invited men to embark their property and their means of living in it. Individuals thus encouraged have done this to a great extent; and therefore I say, so long as the manufactures shall need reasonable and just protection from government, I shall be disposed to give it to them. What is there, Sir, in all this, for the gentleman to complain of? Would he have us always oppose the policy adopted by the country on a great question? Would he have minorities never submit to the will of majorities?

I remember to have said, Sir, at the meeting in Faneuil Hall, that protection appeared to be regarded as incidental to revenue, and that the incident could not be carried fairly above the principal; in other words, that duties ought not to be laid for the mere object of protection. I believe that proposition to be substantially correct. I believe that, if the power of protection be inferred only from the revenue power, the protection could only be incidental.

But I have said in this place before, and I repeat it now, that Mr. Madison's publication after that period, and his declaration that the Convention did intend to grant the power of protection under the commercial clause, placed the subject in a new and a clear light. I will add, Sir, that a paper drawn up apparently with the sanction of Dr. Franklin, and read to a circle of friends at his house, on the eve of the assembling of the Convention, respecting the powers which the proposed new government ought to possess, shows plainly that, in regulating commerce, it was expected that Congress would adopt a course which should protect the manufactures of the North. He certainly went into the Convention himself under that conviction.

Well, Sir, and now what does the gentleman make out against me in relation to the tariff? What laurels does he gather in this part of Africa? I opposed the policy of the tariff, until it had become the settled and established policy of the country. I have never questioned the constitutional power of Congress to grant protection, except so far as the remark made in Faneuil Hall goes, which remark respects only the length to which protection might properly be carried, so far as the power is derived from the authority to lay duties on imports. But the policy being established, and a great part of the country having placed vast interests at stake in it, I have not disturbed it; on the contrary, I have insisted that it ought not to be disturbed. If there be inconsistency in all this, the gentleman is at liberty to blazon it forth; let him see what he can make of it.

Here, Sir, I cease to speak of myself; and respectfully ask pardon of the Senate for having so long detained it upon any thing so unimportant as what relates merely to my own public conduct and opinions.

Sir, the honorable member is pleased to suppose that our spleen is excited, because he has interfered to snatch from us a victory over the administration. If he means by this any personal disappointment, I shall not think it worth while to make a remark upon it. If he means a disappointment at his quitting us while we were endeavoring to arrest the present policy of the administration, why then I admit, Sir, that I, for one, felt that disappointment deeply. It is the policy of the administration, its principles, and its measures, which I oppose. It is not persons, but things; not men, but measures. I do wish most fervently to put an end to this anti-commercial policy; and if the overthrow of the policy shall be followed by the political defeat of its authors, why, Sir, it is a result which I shall endeavor to meet with equanimity.

Sir, as to the honorable member's wresting the victory from us, or as to his ability to sustain the administration in this policy, there may be some doubt about that. I trust the citadel will yet be stormed, and carried, by the force of public opinion, and that no Hector will be able to defend its walls.

But now, Sir, I must advert to a declaration of the honorable member, which, I confess, did surprise me. The honorable member says, that, personally, he and myself have been on friendly terms, but that we always differed on great constitutional questions. Sir, this is astounding. And yet I was partly prepared for it; for I sat here the other day, and held my breath, while the honorable gentleman declared, and repeated, that he had always belonged to the State-rights party. And he means, by what he has declared to-day, that he has always given to the Constitution a construction more limited, better guarded, less favorable to the extension of the powers of this government, than that which I have given to it. He has always interpreted it according to the strict doctrines of the school of State rights! Sir, if the honorable member ever belonged, until very lately, to the State-rights party, the connection was very much like a secret marriage. And never was secret better kept. Not only were the espousals not acknowledged, but all suspicion was avoided. There was no known familiarity, or even kindness, between them. On the contrary, they acted like parties who were not at all fond of each other's company.

Sir, is there a man in my hearing, among all the gentlemen now surrounding us, many of whom, of both houses, have been here many years, and know the gentleman and myself perfectly,--is there one who ever heard, supposed, or dreamed that the honorable member belonged to the State-rights party before the year 1825? Can any such connection be proved upon him, can he prove it upon himself, before that time?

Sir, I will show you, before I resume my seat, that it was not until after the gentleman took his seat in the chair which you now occupy, that any public manifestation, or intimation, was ever given by him of his having embraced the peculiar doctrines of the State-rights party. The truth is, Sir, the honorable gentleman had acted a very important and useful part during the war. But the war terminated. Toward the end of the session of 1814-15, we received the news of peace. This closed the Thirteenth Congress. In the fall of 1815, the Fourteenth Congress assembled. It was full of ability, and the honorable gentleman stood high among its distinguished members. He remained in the House, Sir, through the whole of that Congress; and now, Sir, it is easy to show that, during those two years, the honorable gentleman took a decided lead in all those great measures which he has since so often denounced as unconstitutional and oppressive, the bank, the tariff, and internal improvements. The war being terminated, the gentleman's mind turned itself toward internal administration and improvement. He surveyed the whole country, contemplated its resources, saw what it was capable of becoming, and held a political faith not so narrow and contracted as to restrain him from useful and efficient action. He was, therefore, at once a full length ahead of all others in measures which were national, and which required a broad and liberal construction of the Constitution. This is historic truth. Of his agency in the bank, and other measures connected with the currency, I have already spoken, and I do not understand him to deny any thing I have said, in that particular. Indeed, I have said nothing capable of denial.

Now allow me a few words upon the tariff. The tariff of 1816 was distinctly a South Carolina measure. Look at the votes, and you will see it. It was a tariff for the benefit of South Carolina interests, and carried through Congress by South Carolina votes and South Carolina influence. Even the minimum, Sir, the so-much-reproached, the abominable minimum, that subject of angry indignation and wrathful rhetoric, is of Southern origin, and has a South Carolina parentage.

Sir, the contest on that occasion was chiefly between the cotton-growers at home, and the importers of cotton fabrics from India. These India fabrics were made from the cotton of that country. The people of this country were using cotton fabrics not made of American cotton, and, so far, they were diminishing the demand for such cotton. The importation of India cottons was then very large, and this bill was designed to put an end to it, and, with the help of the minimum, it did put an end to it. The cotton manufactures of the North were then in their infancy. They had some friends in Congress, but, if I recollect, the majority of Massachusetts members and of New England members were against this cotton tariff of 1816. I remember well, that the main debate was between the importers of India cottons, in the North, and the cotton-growers of the South. The gentleman cannot deny the truth of this, or any part of it. Boston opposed this tariff, and Salem opposed it, warmly and vigorously. But the honorable member supported it, and the law passed. And now be it always remembered, Sir, that that act passed on the professed ground of protection; that it had in it the minimum principle, and that the honorable member, and other leading gentlemen from his own State, supported it, voted for it, and carried it through Congress.

And now, Sir, we come to the doctrine of internal improvement, that other usurpation, that other oppression, which has come so near to justifying violent disruption of the government, and scattering the fragments of the Union to the four winds. Have the gentleman's State-rights opinions always kept him aloof from such unhallowed infringements of the Constitution? He says he always differed with me on constitutional questions. How was it in this most important particular? Has he here stood on the ramparts, brandishing his glittering sword against assailants, and holding out a banner of defiance? Sir, it is an indisputable truth, that he is himself the man, the ipse that first brought forward in Congress a scheme of general internal improvement, at the expense and under the authority of this government. He, Sir, is the very man, the ipsissimus ipse, who considerately, and on a settled system, began these unconstitutional measures, if they be unconstitutional. And now for the proof.

The act incorporating the Bank of the United States was passed in April, 1816. For the privileges of the charter, the proprietors of the bank were to pay to government a bonus, as it was called, of one million five hundred thousand dollars, in certain instalments. Government also took seven millions in the stock of the bank. Early in the next session of Congress, that is, in December, 1816, the honorable member moved, in the House of Representatives, that a committee be appointed to consider the propriety of setting apart this bonus, and also the dividends on the stock belonging to the United States, as a permanent fund for internal improvement. The committee was appointed, and the honorable member was made its chairman. He thus originated the plan, and took the lead in its execution. Shortly afterwards, he reported a bill carrying out the objects for which the committee had been appointed. This bill provided that the dividends on the seven millions of bank stock belonging to government, and also the whole of the bonus, should be permanently pledged as a fund for constructing roads and canals; and that this fund should be subject to such specific appropriations as Congress might subsequently make.

This was the bill; and this was the first project ever brought forward in Congress for a system of internal improvements. The bill goes the whole doctrine at a single jump. The Cumberland Road, it is true, was already in progress; and for that the gentleman had also voted. But there were, and are now, peculiarities about that particular expenditure which sometimes satisfy scrupulous consciences; but this bill of the gentleman's, without equivocation or saving clause, without if, or and, or but, occupied the whole ground at once, and announced internal improvement as one of the objects of this government, on a grand and systematic plan. The bill, Sir, seemed indeed too strong. It was thought by persons not esteemed extremely jealous of State rights to evince too little regard to the will of the States. Several gentlemen opposed the measure in that shape, on that account; and among them Colonel Pickering, then one of the Representatives from Massachusetts. Even Timothy Pickering could not quite sanction, or concur in, the honorable gentleman's doctrines to their full extent, although he favored the measure in its general character. He therefore prepared an amendment, as a substitute; and his substitute provided for two very important things not embraced in the original bill:--

First, that the proportion of the fund to be expended in each State, respectively, should be in proportion to the number of its inhabitants.

Second, that the money should be applied in constructing such roads, canals, and so forth, in the several States, as Congress might direct, with the assent of the State.

This, Sir, was Timothy Pickering's amendment to the gentleman's bill. And now, Sir, how did the honorable gentleman, who has always belonged to the State-rights party,--how did he treat this amendment, or this substitute? Which way do you think his State-rights doctrine led him? Why, Sir, I will tell you. He immediately rose, and moved to strike out the words "with the assent of the State"! Here is the journal under my hand, Sir; and here is the gentleman's motion. And certainly, Sir, it will be admitted that this motion was not of a nature to intimate that he was wedded to State rights. But the words were not struck out. The motion did not prevail. Mr. Pickering's substitute was adopted, and the bill passed the House in that form.

In committee of the whole on this bill, Sir, the honorable member made a very able speech both on the policy of internal improvements and the power of Congress over the subject. These points were fully argued by him. He spoke of the importance of the system, the vast good it would produce, and its favorable effect on the union of the States. "Let us, then," said he, "bind the republic together with a perfect system of roads and canals. Let us conquer space. It is thus the most distant parts of the republic will be brought within a few days' travel of the centre; it is thus that a citizen of the West will read the news of Boston still moist from the press."

But on the power of Congress to make internal improvements, ay, Sir, on the power of Congress, hear him! What were then his rules of construction and interpretation? How did he at that time read and understand the Constitution? Why, Sir, he said that "he was no advocate for refined arguments on the Constitution. The instrument was not intended as a thesis for the logician to exercise his ingenuity on. It ought to be construed with plain good-sense." This is all very just, I think, Sir; and he said much more in the same strain. He quoted many instances of laws passed, as he contended, on similar principles, and then added, that "he introduced these instances to prove the uniform sense of Congress and of the country (for they had not been objected to) as to our powers; and surely," said he, "they furnish better evidence of the true interpretation of the Constitution than the most refined and subtile arguments."

Here you see, Mr. President, how little original I am. You have heard me again and again contending in my place here for the stability of that which has been long settled; you have heard me, till I dare say you have been tired, insisting that the sense of Congress, so often expressed, and the sense of the country, so fully shown and so firmly established, ought to be regarded as having decided finally certain constitutional questions. You see now, Sir, what authority I have for this mode of argument. But while the scholar is learning, the teacher renounces. Will he apply his old doctrine now--I sincerely wish he would--to the question of the bank, to the question of the receiving of bank-notes by government, to the power of Congress over the paper currency? Will he admit that these questions ought to be regarded as decided by the settled sense of Congress and of the country? O, no! Far otherwise. From these rules of judgment, and from the influence of all considerations of this practical nature, the honorable member now takes these questions with him into the upper heights of metaphysics, into the regions of those refinements and subtile arguments which he rejected with so much decision in 1817, as appears by this speech. He quits his old ground of common-sense, experience, and the general understanding of the country, for a flight among theories and ethereal abstractions.

And now, Sir, let me ask, when did the honorable member relinquish these early opinions and principles of his? When did he make known his adhesion to the doctrines of the State-rights party? We have been speaking of transactions in 1816 and 1817. What the gentleman's opinions then were, we have seen. When did he announce himself a State-rights man? I have already said, Sir, that nobody knew of his claiming that character until after the commencement of 1825; and I have said so, because I have before me an address of his to his neighbors at Abbeville, in May of that year, in which he recounts, very properly, the principal incidents in his career as a member of Congress, and as head of a department; and in which he says that, as a member of Congress, he had given his zealous efforts in favor of a restoration of specie currency, of a due protection of those manufactures which had taken root during the war, and, finally, of a system for connecting the various parts of the country by a judicious system of internal improvement. He adds, that it afterwards became his duty, as a member of the administration, to aid in sustaining against the boldest assaults those very measures which, as a member of Congress, he had contributed to establish.

And now, Sir, since the honorable gentleman says he has differed with me on constitutional questions, will he be pleased to say what constitutional opinion I have ever avowed for which I have not his express authority? Is it on the bank power? the tariff power? the power of internal improvement? I have shown his votes, his speeches, and his conduct, on all these subjects, up to the time when General Jackson became a candidate for the Presidency. From that time, Sir, I know we have differed; but if there was any difference before that time, I call upon him to point it out, to declare what was the occasion, what the question, and what the difference. And if before that period, Sir, by any speech, any vote, any public proceeding, or by any mode of announcement whatever, he gave the world to know that he belonged to the State-rights party, I hope he will now be kind enough to produce it, or to refer to it, or to tell us where we may look for it.

Sir, I will pursue this topic no farther. I would not have pursued it so far, I would not have entered upon it at all, had it not been for the astonishment I felt, mingled, I confess, with something of warmer feeling, when the honorable gentleman declared that he had always differed with me on constitutional questions. Sir, the honorable member read a quotation or two from a speech of mine in 1816, on the currency or bank question. With what intent, or to what end? What inconsistency does he show? Speaking of the legal currency of the country, that is, the coin, I then said it was in a good state. Was not that true? I was speaking of the legal currency; of that which the law made a tender. And how is that inconsistent with any thing said by me now, or ever said by me? I declared then, he says, that the framers of this government were hard-money men. Certainly they were. But are not the friends of a convertible paper hard-money men, in every practical and sensible meaning of the term? Did I, in that speech, or any other, insist on excluding all convertible paper from the uses of society? Most assuredly I did not. I never quite so far lost my wits, I think. There is but a single sentence in that speech which I should qualify if I were to deliver it again, and that the honorable member has not noticed. It is a paragraph respecting the power of Congress over the circulation of State banks, which might perhaps need explanation or correction. Understanding it as applicable to the case then before Congress, all the rest is perfectly accordant with my present opinions. It is well known that I never doubted the power of Congress to create a bank; that I was always in favor of a bank, constituted on proper principles; that I voted for the bank bill of 1815; and that I opposed that of 1816 only on account of one or two of its provisions, which I and others hoped to be able to strike out. I am a hard-money man, and always have been, and always shall be. But I know the great use of such bank paper as is convertible into hard money on demand; which may be called specie paper, and which is equivalent to specie in value, and much more convenient and useful for common purposes. On the other hand, I abhor all irredeemable paper; all old-fashioned paper money; all deceptive promises; every thing, indeed, in the shape of paper issued for circulation, whether by government or individuals, which cannot be turned into gold and silver at the will of the holder.

But, Sir, I have insisted that government is bound to protect and regulate the means of commerce, to see that there is a sound currency for the use of the people. The honorable gentleman asks, What then is the limit? Must Congress also furnish all means of commerce? Must it furnish weights and scales and steelyards? Most undoubtedly, Sir, it must regulate weights and measures, and it does so. But the answer to the general question is very obvious. Government must furnish all that which none but government can furnish. Government must do that for individuals which individuals cannot do for themselves. That is the very end of government. Why else have we a government? Can individuals make a currency? Can individuals regulate money? The distinction is as broad and plain as the Pennsylvania Avenue. No man can mistake it, or well blunder out of it. The gentleman asks if government must furnish for the people ships, and boats, and wagons. Certainly not. The gentleman here only recites the President's message of September. These things, and all such things, the people can furnish for themselves; but they cannot make a currency; they cannot, individually, decide what shall be the money of the country. That, everybody knows, is one of the prerogatives, and one of the duties, of government; and a duty which I think we are most unwisely and improperly neglecting. We may as well leave the people to make war and to make peace, each man for himself, as to leave to individuals the regulation of commerce and currency.

Mr. President, there are other remarks of the gentleman of which I might take notice. But should I do so, I could only repeat what I have already said, either now or heretofore. I shall, therefore, not now allude to them. My principal purpose in what I have said has been to defend myself; that was my first object; and next, as the honorable member has attempted to take to himself the character of a strict constructionist, and a State-rights man, and on that basis to show a difference, not favorable to me, between his constitutional opinions and my own, heretofore, it has been my intention to show that the power to create a bank, the power to regulate the currency by other and direct means, the power to enact a protective tariff, and the power of internal improvement, in its broadest sense, are all powers which the honorable gentleman himself has supported, has acted on, and in the exercise of which, indeed, he has taken a distinguished lead in the counsels of Congress.

If this has been done, my purpose is answered. I do not wish to prolong the discussion, nor to spin it out into a colloquy. If the honorable member has any thing new to bring forward; if he has any charge to make, any proof, or any specification; if he has any thing to advance against my opinions or my conduct, my honor or patriotism, I am still at home. I am here. If not, then, so far as I am concerned, this discussion will here terminate.

I will say a few words, before I resume my seat, on the motion now pending. That motion is to strike out the specie-paying part of the bill. I have a suspicion, Sir, that the motion will prevail. If it should, it will leave a great vacuum; and how shall that vacuum be filled?

The part proposed to be struck out is that which requires all debts to government to be paid in specie. It makes a good provision for government, and for public men, through all classes. The Secretary of the Treasury, in his letter at the last session, was still more watchful of the interests of the holders of office. He assured us, that, bad as the times were, and notwithstanding the floods of bad paper which deluged the country, members of Congress should get gold and silver. In my opinion, Sir, this is beginning the use of good money in payments at the wrong end of the list. If there be bad money in the country, I think that Secretaries and other executive officers, and especially members of Congress, should be the last to receive any good money; because they have the power, if they will do their duty, and exercise it, of making the money of the country good for all. I think, Sir, it was a leading feature in Mr. Burke's famous bill for economical reform, that he provided, first of all, for those who are least able to secure themselves. Everybody else was to be well paid all they were entitled to, before the ministers of the crown, and other political characters, should have any thing. This seems to me very right. But we have a precedent, Sir, in our own country, more directly to the purpose; and as that which we now hope to strike out is the part of the bill furnished or proposed originally by the honorable member from South Carolina, it will naturally devolve on him to supply its place. I wish, therefore, to draw his particular attention to this precedent, which I am now about to produce.

Most members of the Senate will remember, that before the establishment of this government, and before or about the time that the territory which now constitutes the State of Tennessee was ceded to Congress, the inhabitants of the eastern part of that territory established a government for themselves, and called it the State of Franklin. They adopted a very good constitution, providing for the usual branches of legislative, executive, and judicial power. They laid and collected taxes, and performed other usual acts of legislation. They had, for the present, it is true, no maritime possessions, yet they followed the common forms in constituting high officers; and their governor was not only captain-general and commander-in-chief, but admiral also, so that the navy might have a commander when there should be a navy.

Well, Sir, the currency in this State of Franklin became very much deranged. Specie was scarce, and equally scarce were the notes of specie-paying banks. But the legislature did not propose any divorce of government and people; they did not seek to establish two currencies, one for men in office, and one for the rest of the community. They were content with neighbor's fare. It became necessary to pass what we should call now-a-days the civil-list appropriation bill. They passed such a bill; and when we shall have made a void in the bill now before us by striking out specie payments for government, I recommend to its friends to fill the gap, by inserting, if not the same provisions as were in the law of the State of Franklin, at least something in the same spirit.

The preamble of that law, Sir, begins by reciting, that the collection of taxes in specie had become very oppressive to the good people of the commonwealth, for the want of a circulating medium. A parallel case to ours, Sir, exactly. It recites further, that it is the duty of the legislature to hear, at all times, the prayer of their constituents, and apply as speedy a remedy as lies in their power. These sentiments are very just, and I sincerely wish there was a thorough disposition here to adopt the like.

Acting under the influence of these sound opinions, Sir, the legislature of Franklin passed a law for the support of the civil list, which, as it is short, I will beg permission to read. It is as follows:--

"Be it enacted by the General Assembly of the State of Franklin, and it is hereby enacted by the authority of the same, That, from the first day of January, A.D. 1789, the salaries of the civil officers of this commonwealth be as follows, to wit:

"His excellency, the governor, per annum, one thousand deer-skins; his honor, the chief justice, five hundred do. do.; the attorney-general, five hundred do. do.; secretary to his excellency the governor, five hundred raccoon do.; the treasurer of the State, four hundred and fifty otter do.; each county clerk, three hundred beaver do.; clerk of the house of commons, two hundred raccoon do.; members of assembly, per diem, three do. do.; justice's fee for signing a warrant, one muskrat do.; to the constable, for serving a warrant, one mink do.

"Enacted into a law this 18th day of October, 1788, under the great seal of the State.

"Witness his excellency, &c.

"Governor, captain-general, commander-in-chief, and admiral in and over said State."

This, Sir, is the law, the spirit of which I commend to gentlemen. I will not speak of the appropriateness of these several allowances for the civil list. But the example is good, and I am of opinion that, until Congress shall perform its duty, by seeing that the country enjoys a good currency, the same medium which the people are obliged to use, whether it be skins or rags, is good enough for its own members.

[Footnote 1: The Secretary of the Treasury.]

A UNIFORM SYSTEM OF BANKRUPTCY.

FROM A SPEECH DELIVERED IN THE SENATE OF THE UNITED STATES, ON THE 18TH OF MAY, 1840, ON THE PROPOSED AMENDMENT TO THE BILL ESTABLISHING A UNIFORM SYSTEM OF BANKRUPTCY.

Let me remind you, then, in the first place, Sir, that, commercial as the country is, and having experienced as it has done, and experiencing as it now does, great vicissitudes of trade and business, it is almost forty years since any law has been in force by which any honest man, failing in business, could be effectually discharged from debt by surrendering his property. The former bankrupt law was repealed on the 19th of December, 1803. From that day to this, the condition of an insolvent, however honest and worthy, has been utterly hopeless, so far as he depended on any legal mode of relief. This state of things has arisen from the peculiar provisions of the Constitution of the United States, and from the omission by Congress to exercise this branch of its constitutional power. By the Constitution, the States are prohibited from passing laws impairing the obligation of contracts. Bankrupt laws impair the obligation of contracts, if they discharge the bankrupt from his debts without payment. The States, therefore, cannot pass such laws. The power, then, is taken from the States, and placed in our hands. It is true that it has been decided, that, in regard to contracts entered into after the passage of any State bankrupt law, between the citizens of the State having such law, and sued in the State courts, a State discharge may prevail. So far, effect has been given to State laws. I have great respect, habitually, for judicial decisions; but it has nevertheless, I must say, always appeared to me that the distinctions on which these decisions are founded are slender, and that they evade, without answering, the objections founded on the great political and commercial objects intended to be secured by this part of the Constitution. But these decisions, whether right or wrong, afford no effectual relief. The qualifications and limitations which I have stated render them useless, as to the purpose of a general discharge. So much of the concerns of every man of business is with citizens of other States than his own, and with foreigners, that the partial extent to which the validity of State discharges reaches is of little benefit.

The States, then, cannot pass effectual bankrupt laws; that is, effectual for the discharge of the debtor. There is no doubt that most, if not all, the States would now pass such laws, if they had the power; although their legislation would be various, interfering, and full of all the evils which the Constitution of the United States intended to provide against. But they have not the power; Congress, which has the power, does not exercise it. This is the peculiarity of our condition. The States would pass bankrupt laws, but they cannot; we can, but we will not. And between this want of power in the States and want of will in Congress, unfortunate insolvents are left to hopeless bondage. There are probably one or two hundred thousand debtors, honest, sober, and industrious, who drag out lives useless to themselves, useless to their families, and useless to their country, for no reason but that they cannot be legally discharged from debts in which misfortunes have involved them, and which there is no possibility of their ever paying. I repeat, again, that these cases have now been accumulating for a whole generation.

It is true they are not imprisoned; but there may be, and there are, restraint and bondage outside the walls of the jail, as well as in. Their power of earning is, in truth, taken away, their faculty of useful employment is paralyzed, and hope itself become extinguished. Creditors, generally, are not inhuman or unkind; but there will be found some who hold on, and the more a debtor struggles to free himself, the more they feel encouraged to hold on. The mode of reasoning is, that, the more honest the debtor may be, the more industrious, the more disposed to struggle and bear up against his misfortunes, the greater the chance is, that, in the end, especially if the humanity of others shall have led them to release him, their own debts may be finally recovered.

Now, in this state of our constitutional powers and duties, in this state of our laws, and with this actually existing condition of so many insolvents before us, it is not too serious to ask every member of the Senate to put it to his own conscience to say, whether we are not bound to exercise our constitutional duty. Can we abstain from exercising it? The States give to their own laws all the effect they can. This shows that they desire the power to be exercised. Several States have, in the most solemn manner, made known their earnest wishes to Congress. If we still refuse, what is to be done? Many of these insolvent persons are young men with young families. Like other men, they have capacities both for action and enjoyment. Are we to stifle all these for ever? Are we to suffer all these persons, many of them meritorious and respectable, to be pressed to the earth for ever, by a load of hopeless debt? The existing diversities and contradictions of State laws on the subject admirably illustrate the objects of this part of the Constitution, as stated by Mr. Madison; and they form that precise case for which the clause was inserted. The very evil intended to be provided against is before us, and around us, and pressing us on all sides. How can we, how dare we, make a perfect dead letter of this part of the Constitution, which we have sworn to support? The insolvent persons have not the power of locomotion. They cannot travel from State to State. They are prisoners. To my certain knowledge, there are many who cannot even come here to the seat of government, to present their petitions to Congress, so great is their fear that some creditor will dog their heels, and arrest them in some intervening State, or in this District, in the hope that friends will appear to save them, by payment of the debt, from imprisonment.

These are truths; not creditable to the country, but they are truths. I am sorry for their existence. Sir, there is one crime, quite too common, which the laws of man do not punish, but which cannot escape the justice of God; and that is, the arrest and confinement of a debtor by his creditor, with no motive on earth but the hope that some friend, or some relative, perhaps almost as poor as himself, his mother it may be, or his sisters, or his daughters, will give up all their own little pittance, and make beggars of themselves, to save him from the horrors of a loathsome jail. Human retribution cannot reach this guilt; human feeling may not penetrate the flinty heart that perpetrates it; but an hour is surely coming, with more than human retribution on its wings, when that flint shall be melted, either by the power of penitence and grace, or in the fires of remorse.

Sir, I verily believe that the power of perpetuating debts against debtors, for no substantial good to the creditor himself, and the power of imprisonment for debt, at least as it existed in this country ten years ago, have imposed more restraint on personal liberty than the law of debtor and creditor imposes in any other Christian and commercial country. If any public good were attained, any high political object answered, by such laws, there might be some reason for counselling submission and sufferance to individuals. But the result is bad, every way. It is bad to the public and to the country, which loses the efforts and the industry of so many useful and capable citizens. It is bad to creditors, because there is no security against preferences, no principle of equality, and no encouragement for honest, fair, and seasonable assignments of effects. As to the debtor, however good his intentions or earnest his endeavors, it subdues his spirit and degrades him in his own esteem; and if he attempts any thing for the purpose of obtaining food and clothing for his family, he is driven to unworthy shifts and disguises, to the use of other persons' names, to the adoption of the character of agent, and various other contrivances, to keep the little earnings of the day from the reach of his creditors. Fathers act in the name of their sons, sons act in the name of their fathers; all constantly exposed to the greatest temptation to misrepresent facts and to evade the law, if creditors should strike. All this is evil, unmixed evil. And what is it all for? Of what benefit to anybody? Who likes it? Who wishes it? What class of creditors desire it? What consideration of public good demands it?

Sir, we talk much, and talk warmly, of political liberty; and well we may, for it is among the chief of public blessings. But who can enjoy political liberty if he is deprived, permanently, of personal liberty, and the exercise of his own industry and his own faculties? To those unfortunate individuals, doomed to the everlasting bondage of debt, what is it that we have free institutions of government? What is it that we have public and popular assemblies? What is even this Constitution itself to them, in its actual operation, and as we now administer it? What is its aspect to them, but an aspect of stern, implacable severity? an aspect of refusal, denial, and frowning rebuke? nay, more than that, an aspect not only of austerity and rebuke, but, as they must think it, of plain injustice also, since it will not relieve them, nor suffer others to give them relief? What love can they feel towards the Constitution of their country, which has taken the power of striking off their bonds from their own paternal State governments, and yet, inexorable to all the cries of justice and of mercy, holds it unexercised in its own fast and unrelenting grasp? They find themselves bondsmen, because we will not execute the commands of the Constitution; bondsmen to debts they cannot pay, and which all know they cannot pay, and which take away the power of supporting themselves. Other slaves have masters, charged with the duty of support and protection; but their masters neither clothe, nor feed, nor shelter; they only bind.

But, Sir, the fault is not in the Constitution. The Constitution is beneficent as well as wise in all its provisions on this subject. The fault, I must be allowed to say, is in us, who have suffered ourselves quite too long to neglect the duty incumbent upon us. The time will come, Sir, when we shall look back and wonder at the long delay of this just and salutary measure. We shall then feel as we now feel when we reflect on that progress of opinion which has already done so much on another connected subject; I mean the abolition of imprisonment for debt. What should we say at this day, if it were proposed to re-establish arrest and imprisonment for debt, as it existed in most of the States even so late as twenty years ago? I mean for debt alone, for mere, pure debt, without charge or suspicion of fraud or falsehood.

Sir, it is about that length of time, I think, since you,[1] who now preside over our deliberations, began here your efforts for the abolition of imprisonment for debt; and a better work was never begun in the Capitol. Ever remembered and ever honored be that noble effort! You drew the attention of the public to the question, whether, in a civilized and Christian country, debt incurred without fraud, and remaining unpaid without fault, is a crime, and a crime fit to be punished by denying to the offender the enjoyment of the light of heaven, and shutting him up within four walls. Your own good sense, and that instinct of right feeling which often outruns sagacity, carried you at once to a result to which others were more slowly brought, but to which nearly all have at length been brought, by reason, reflection, and argument. Your movement led the way; it became an example, and has had a powerful effect on both sides of the Atlantic. Imprisonment for debt, or even arrest and holding to bail for mere debt, no longer exists in England; and former laws on the subject have been greatly modified and mitigated, as we all know, in our States. "Abolition of imprisonment for debt," your own words in the title of your own bill, has become the title of an act of Parliament.

Sir, I am glad of an occasion to pay you the tribute of my sincere respect for these your labors in the cause of humanity and enlightened policy. For these labors thousands of grateful hearts have thanked you; and other thousands of hearts, not yet full of joy for the accomplishment of their hopes, full, rather, at the present moment, of deep and distressing anxiety, have yet the pleasure to know that your advice, your counsel, and your influence will all be given in favor of what is intended for their relief in the bill before us.

Mr. President, let us atone for the omissions of the past by a prompt and efficient discharge of present duty. The demand for this measure is not partial or local. It comes to us, earnest and loud, from all classes and all quarters. The time is come when we must answer it to our own consciences, if we suffer longer delay or postponement. High hopes, high duties, and high responsibilities concentrate themselves on this measure and this moment. With a power to pass a bankrupt law, which no other legislature in the country possesses, with a power of giving relief to many, doing injustice to none, I again ask every man who hears me, if he can content himself without an honest attempt to exercise that power. We may think it would be better to leave the power with the States; but it was not left with the States; they have it not, and we cannot give it to them. It is in our hands, to be exercised by us, or to be for ever useless and lifeless. Under these circumstances, does not every man's heart tell him that he has a duty to discharge? If the final vote shall be given this day, and if that vote shall leave thousands of our fellow-citizens and their families, in hopeless and helpless distress, to everlasting subjection to irredeemable debt, can we go to our beds with satisfied consciences? Can we lay our heads upon our pillows, and, without self-reproach, supplicate the Almighty Mercy to forgive us our debts as we forgive our debtors? Sir, let us meet the unanimous wishes of the country, and proclaim relief to the unfortunate throughout the land. What should hinder? What should stay our hands from this good work? Creditors do not oppose it,--they apply for it; debtors solicit it, with an importunity, earnestness, and anxiety not to be described; the Constitution enjoins it; and all the considerations of justice, policy, and propriety, which are wrapped up in the phrase Public Duty, demand it, as I think, and demand it loudly and imperatively, at our hands. Sir, let us gratify the whole country, for once, with the joyous clang of chains, joyous because heard falling from the limbs of men. The wisest among those whom I address can desire nothing more beneficial than this measure, or more universally desired; and he who is youngest may not expect to live long enough to see a better opportunity of causing new pleasures and a happiness long untasted to spring up in the hearts of the poor and the humble. How many husbands and fathers are looking with hopes which they cannot suppress, and yet hardly dare to cherish, for the result of this debate! How many wives and mothers will pass sleepless and feverish nights, until they know whether they and their families shall be raised from poverty, despondency, and despair, and restored again to the circles of industrious, independent, and happy life!

Sir, let it be to the honor of Congress that, in these days of political strife and controversy, we have laid aside for once the sin that most easily besets us, and, with unanimity of counsel, and with singleness of heart and of purpose, have accomplished for our country one measure of unquestionable good.

[Footnote 1: Hon. Richard M. Johnson, Vice-President of the United States.]

"THE LOG CABIN CANDIDATE."

FROM A SPEECH DELIVERED AT THE GREAT MASS MEETING AT SARATOGA, NEW YORK, ON THE 12TH OF AUGUST, 1840.

But it is the cry and effort of the times to stimulate those who are called poor against those who are called rich; and yet, among those who urge this cry, and seek to profit by it, there is betrayed sometimes an occasional sneer at whatever savors of humble life. Witness the reproach against a candidate now before the people for their highest honors, that a log cabin, with plenty of hard cider, is good enough for him!

It appears to some persons, that a great deal too much use is made of the symbol of the log cabin. No man of sense supposes, certainly, that the having lived in a log cabin is any further proof of qualification for the Presidency, than as it creates a presumption that any one who, rising from humble condition, or under unfavorable circumstances, has been able to attract a considerable degree of public attention, is possessed of reputable qualities, moral and intellectual.

But it is to be remembered, that this matter of the log cabin originated, not with the friends of the Whig candidate, but with his enemies. Soon after his nomination at Harrisburg, a writer for one of the leading administration papers spoke of his "log cabin," and his use of "hard cider," by way of sneer and reproach. As might have been expected, (for pretenders are apt to be thrown off their guard,) this taunt at humble life proceeded from the party which claims a monopoly of the purest democracy. The whole party appeared to enjoy it, or, at least, they countenanced it by silent acquiescence; for I do not know that, to this day, any eminent individual or any leading newspaper attached to the administration has rebuked this scornful jeering at the supposed humble condition or circumstances in life, past or present, of a worthy man and a war-worn soldier. But it touched a tender point in the public feeling. It naturally roused indignation. What was intended as reproach was immediately seized on as merit. "Be it so! Be it so!" was the instant burst of the public voice. "Let him be the log cabin candidate. What you say in scorn, we will shout with all our lungs. From this day forward, we have our cry of rally; and we shall see whether he who has dwelt in one of the rude abodes of the West may not become the best house in the country!"

All this is natural, and springs from sources of just feeling. Other things, Gentlemen, have had a similar origin. We all know that the term "Whig" was bestowed in derision, two hundred years ago, on those who were thought too fond of liberty; and our national air of "Yankee Doodle" was composed by British officers, in ridicule of the American troops. Yet, erelong, the last of the British armies laid down its arms at Yorktown, while this same air was playing in the ears of officers and men. Gentlemen, it is only shallow-minded pretenders who either make distinguished origin matter of personal merit, or obscure origin matter of personal reproach. Taunt and scoffing at the humble condition of early life affect nobody, in this country, but those who are foolish enough to indulge in them, and they are generally sufficiently punished by public rebuke. A man who is not ashamed of himself need not be ashamed of his early condition.

Gentlemen, it did not happen to me to be born in a log cabin; but my elder brothers and sisters were born in a log cabin, raised amid the snow-drifts of New Hampshire, at a period so early that, when the smoke first rose from its rude chimney, and curled over the frozen hills, there was no similar evidence of a white man's habitation between it and the settlements on the rivers of Canada. Its remains still exist. I make to it an annual visit. I carry my children to it, to teach them the hardships endured by the generations which have gone before them. I love to dwell on the tender recollections, the kindred ties, the early affections, and the touching narratives and incidents, which mingle with all I know of this primitive family abode. I weep to think that none of those who inhabited it are now among the living; and if ever I am ashamed of it, or if I ever fail in affectionate veneration for him who reared it, and defended it against savage violence and destruction, cherished all the domestic virtues beneath its roof, and, through the fire and blood of a seven years' revolutionary war, shrunk from no danger, no toil, no sacrifice, to serve his country, and to raise his children to a condition better than his own, may my name and the name of my posterity be blotted for ever from the memory of mankind!

ADDRESS TO THE LADIES OF RICHMOND.

REMARKS AT A PUBLIC RECEPTION BY THE LADIES OF RICHMOND, VIRGINIA, ON THE 5TH OF OCTOBER, 1840.

[The visit of Mr. Webster to Richmond was short, and his public engagements so numerous, as to put it out of his power to return the calls of his friends, or to pay his respects to their families. It was accordingly proposed that the ladies who might desire to do so should assemble in the "Log Cabin," and that he should there pay his respects to them collectively. The meeting was large, and the building quite full. On being introduced to them in a few appropriate remarks, by Mr. Lyons, Mr. Webster addressed them in the following speech.]

Ladies,--I am very sure I owe the pleasure I now enjoy to your kind disposition, which has given me the opportunity to present my thanks and my respects to you thus collectively, since the shortness of my stay in the city does not allow me the happiness of calling upon those, severally and individually, from members of whose families I have received kindness and notice. And, in the first place, I wish to express to you my deep and hearty thanks, as I have endeavored to do to your fathers, your husbands, and your brothers, for the unbounded hospitality I have received ever since I came among you. This is registered, I assure you, in a grateful heart, in characters of an enduring nature. The rough contests of the political world are not suited to the dignity and the delicacy of your sex; but you possess the intelligence to know how much of that happiness which you are entitled to hope for, both for yourselves and for your children, depends on the right administration of government, and a proper tone of public morals. That is a subject on which the moral perceptions of woman are both quicker and juster than those of the other sex. I do not speak of that administration of government whose object is merely the protection of industry, the preservation of civil liberty, and the securing to enterprise of its due reward. I speak of government in a somewhat higher point of view; I speak of it in regard to its influence on the morals and sentiments of the community. We live in an age distinguished for great benevolent exertion, in which the affluent are consecrating the means they possess to the endowment of colleges and academies, to the building of churches, to the support of religion and religious worship, to the encouragement of schools, lyceums, and athenaeums, and other means of general popular instruction. This is all well; it is admirable; it augurs well for the prospects of ensuing generations. But I have sometimes thought, that, amidst all this activity and zeal of the good and the benevolent, the influence of government on the morals and on the religious feelings of the community is apt to be overlooked or underrated. I speak, of course, of its indirect influence, of the power of its example, and the general tone which it inspires.

A popular government, in all these respects, is a most powerful institution; more powerful, as it has sometimes appeared to me, than the influence of most other human institutions put together, either for good or for evil, according to its character. Its example, its tone, whether of regard or disregard for moral obligation, is most important to human happiness; it is among those things which most affect the political morals of mankind, and their general morals also. I advert to this, because there has been put forth, in modern times, the false maxim, that there is one morality for politics, and another morality for other things; that, in their political conduct to their opponents, men may say and do that which they would never think of saying or doing in the personal relations of private life. There has been openly announced a sentiment, which I consider as the very essence of false morality, which declares that "all is fair in politics." If a man speaks falsely or calumniously of his neighbor, and is reproached for the offence, the ready excuse is this: "It was in relation to public and political matters; I cherished no personal ill-will whatever against that individual, but quite the contrary; I spoke of my adversary merely as a political man." In my opinion, the day is coming when falsehood will stand for falsehood, and calumny will be treated as a breach of the commandment, whether it be committed politically or in the concerns of private life.

It is by the promulgation of sound morals in the community, and more especially by the training and instruction of the young, that woman performs her part towards the preservation of a free government. It is generally admitted that public liberty, and the perpetuity of a free constitution, rest on the virtue and intelligence of the community which enjoys it. How is that virtue to be inspired, and how is that intelligence to be communicated? Bonaparte once asked Madame de Staël in what manner he could best promote the happiness of France. Her reply is full of political wisdom. She said, "Instruct the mothers of the French people." Mothers are, indeed, the affectionate and effective teachers of the human race. The mother begins her process of training with the infant in her arms. It is she who directs, so to speak, its first mental and spiritual pulsations. She conducts it along the impressible years of childhood and youth, and hopes to deliver it to the stern conflicts and tumultuous scenes of life, armed by those good principles which her child has received from maternal care and love.

If we draw within the circle of our contemplation the mothers of a civilized nation, what do we see? We behold so many artificers working, not on frail and perishable matter, but on the immortal mind, moulding and fashioning beings who are to exist for ever. We applaud the artist whose skill and genius present the mimic man upon the canvas; we admire and celebrate the sculptor who works out that same image in enduring marble; but how insignificant are these achievements, though the highest and the fairest in all the departments of art, in comparison with the great vocation of human mothers! They work, not upon the canvas that shall perish, or the marble that shall crumble into dust, but upon mind, upon spirit, which is to last for ever, and which is to bear, for good or evil, throughout its duration, the impress of a mother's plastic hand.

I have already expressed the opinion, which all allow to be correct, that our security for the duration of the free institutions which bless our country depends upon habits of virtue and the prevalence of knowledge and of education. The attainment of knowledge does not comprise all which is contained in the larger term of education. The feelings are to be disciplined; the passions are to be restrained; true and worthy motives are to be inspired; a profound religious feeling is to be instilled, and pure morality inculcated, under all circumstances. All this is comprised in education. Mothers who are faithful to this great duty will tell their children, that neither in political nor in any other concerns of life can man ever withdraw himself from the perpetual obligations of conscience and of duty; that in every act, whether public or private, he incurs a just responsibility; and that in no condition is he warranted in trifling with important rights and obligations. They will impress upon their children the truth, that the exercise of the elective franchise is a social duty, of as solemn a nature as man can be called to perform; that a man may not innocently trifle with his vote; that every free elector is a trustee, as well for others as himself; and that every man and every measure he supports has an important bearing on the interests of others, as well as on his own. It is in the inculcation of high and pure morals such as these, that, in a free republic, woman performs her sacred duty, and fulfils her destiny. The French, as you know, are remarkable for their fondness for sententious phrases, in which much meaning is condensed into a small space. I noticed lately, on the title-page of one of the books of popular instruction in France, this motto: "Pour instruction on the heads of the people! you owe them that baptism." And, certainly, if there be any duty which may be described by a reference to that great institute of religion,--a duty approaching it in importance, perhaps next to it in obligation,--it is this.

I know you hardly expect me to address you on the popular political topics of the day. You read enough, you hear quite enough, on those subjects. You expect me only to meet you, and to tender my profound thanks for this marked proof of your regard, and will kindly receive the assurances with which I tender to you, on parting, my affectionate respects and best wishes.

RECEPTION AT BOSTON.

A SPEECH MADE IN FANEUIL HALL, ON THE 30TH OF SEPTEMBER, 1842, AT A PUBLIC RECEPTION GIVEN TO MR. WEBSTER, ON HIS RETURN TO BOSTON, AFTER THE NEGOTIATION OF THE TREATY OF WASHINGTON.

[On the accession of General Harrison to the Presidency of the United States, on the 4th of March, 1841, Mr. Webster was called to the office of Secretary of State, in which, after the President's untimely death, he continued under Mr. Tyler for about two years. The relations of the country with Great Britain were at that time in a very critical position. The most important and difficult subject which engaged the attention of the government, while he filled the Department of State, was the negotiation of the treaty with Great Britain, which was signed at Washington on the 9th of August, 1842. The other members of General Harrison's Cabinet having resigned their places in the autumn of 1841, discontent was felt by some of their friends, that Mr. Webster should have consented to retain his. But as Mr. Tyler continued to place entire confidence in Mr. Webster's administration of the Department of State, the great importance of pursuing a steady line of policy in reference to foreign affairs, and especially the hope of averting a rupture with England by an honorable settlement of our difficulties with that country, induced Mr. Webster to remain at his post.

On occasion of a visit made by him to Boston, after the adjournment of Congress, in August, 1842, a number of his friends were desirous of manifesting their sense of the services which he had rendered to the country by pursuing this course. A public meeting of citizens was accordingly held in Faneuil Hall, on the 30th of September, 1842. At this meeting the following speech was made.]

I know not how it is, Mr. Mayor, but there is something in the echoes of these walls, or in this sea of upturned faces which I behold before me, or in the genius that always hovers over this place, fanning ardent and patriotic feeling by every motion of its wings,--I know not how it is, but there is something that excites me strangely, deeply, before I even begin to speak. It cannot be doubted that this salutation and greeting from my fellow-citizens of Boston is a tribute dear to my heart. Boston is indeed my home, my cherished home. It is now more than twenty-five years since I came to it with my family, to pursue, here in this enlightened metropolis, those objects of professional life for which my studies and education were designed to fit me. It is twenty years since I was invited by the citizens of Boston to take upon myself an office of public trust in their service.[1] It gives me infinite pleasure to see here to-day, among those who hold the seats yielded to such as are more advanced in life, not a few of the gentlemen who were earnestly instrumental in inducing me to enter upon a course of life wholly unexpected, and to devote myself to the service of the public.

Whenever the duties of public life have withdrawn me from this home, I have felt it, nevertheless, to be the attractive spot to which all local affection tended. And now that the progress of time must shortly bring about the period, if it should not be hastened by the progress of events, when the duties of public life shall yield to the influences of advancing years, I cherish no hope more precious, than to pass here in these associations and among these friends what may remain to me of life; and to leave in the midst of you, fellow-citizens, partaking of your fortunes, whether for good or for evil, those who bear my name, and inherit my blood.

The Mayor has alluded, very kindly, to the exertions which I have made since I have held a position in the Cabinet, and especially to the results of the negotiation in which I have been recently engaged. I hope, fellow-citizens, that something has been done which may prove permanently useful to the public. I have endeavored to do something, and I hope my endeavors have not been in vain. I have had a hard summer's work, it is true, but I am not wholly unused to hard work. I have had some anxious days, I have spent some sleepless nights; but if the results of my efforts shall be approved by the community, I am richly compensated. My other days will be the happier, and my other nights will be given to a sweeter repose.

It was an object of the highest national importance, no doubt, to disperse the clouds which threatened a storm between England and America. For several years past there has been a class of questions open between the two countries, which have not always threatened war, but which have prevented the people from being assured of permanent peace.

His Honor the Mayor has paid a just tribute to that lamented personage, by whom, in 1841, I was called to the place I now occupy; and although, Gentlemen, I know it is in very bad taste to speak much of one's self, yet here, among my friends and neighbors, I wish to say a word or two on subjects in which I am concerned. With the late President Harrison I had contracted an acquaintance while we were both members of Congress, and I had an opportunity of renewing it afterwards in his own house, and elsewhere. I have made no exhibition or boast of the confidence which it was his pleasure to repose in me; but circumstances, hardly worthy of serious notice, have rendered it not improper for me to say on this occasion, that as soon as President Harrison was elected, without, of course, one word from me, he wrote to me inviting me to take a place in his Cabinet, leaving to me the choice of that place, and asking my advice as to the persons that should fill every other place in it. He expressed rather a wish that I should take the administration of the treasury, because, as he was pleased to say, I had devoted myself with success to the examination of the questions of currency and finance, and he felt that the wants of the country,--the necessities of the country, on the great subjects of currency and finance,--were moving causes that produced the revolution which had placed him in the presidential chair.

It so happened, Gentlemen, that my preference was for another place,--for that which I have now the honor to fill. I felt all its responsibilities; but I must say, that, with whatever attention I had considered the general questions of finance, I felt more competent and willing to undertake the duties of an office which did not involve the daily drudgery of the treasury.

I was not disappointed, Gentlemen, in the exigency which then existed in our foreign relations. I was not unaware of all the difficulties which hung over us; for although the whole of the danger was not at that moment developed, the cause of it was known, and it seemed as if an outbreak was inevitable. I allude now to that occurrence on the frontier of which the chairman has already spoken, which took place in the winter of 1841 the case of Alexander McLeod.

A year or two before, the Canadian government had seen fit to authorize a military incursion, for a particular purpose, within the territory of the United States. That purpose was to destroy a steamboat, charged with being employed for hostile purposes against its forces and the peaceable subjects of the crown. The act was avowed by the British government at home as a public act. Alexander McLeod, a person who individually could claim no regard or sympathy, happened to be one of the agents who, in a military character, performed the act of their sovereign. Coming into the United States some years after, he was arrested under a charge of homicide committed in this act, and was held to trial as for a private felony.

According to my apprehensions, a proceeding of this kind was directly adverse to the well-settled doctrines of the public law. It could not but be received with lively indignation, not only by the British government, but among the people of England. It would be so received among us. If a citizen of the United States should as a military man receive an order of his government and obey it, (and he must either obey it or be hanged,) and should afterwards, in the territory of another power, which by that act he had offended, be tried for a violation of its law, as for a crime, and threatened with individual punishment, there is not a man in the United States who would not cry out for redress and for vengeance. Any elevated government, in a case like this, where one of its citizens, in the performance of his duty, incurs such menaces and danger, assumes the responsibility; any elevated government says, "The act was mine,--I am the man";--"Adsum qui feci, in me convertite ferrum."

Now, Gentlemen, information of the action of the British government on this subject was transmitted to us at Washington within a few days after the installation of General Harrison. I did not think that it was proper to make public then, nor is it important to say now, all that we knew on the subject; but I will tell you, in general terms, that if all that was known at Washington then had been divulged throughout the country, the value of the shipping interest of this city, and of every other interest connected with the commerce of the country, would have been depressed one half in six hours. I thought that the concussion might be averted, by holding up to view the principles of public law by which this question ought to be settled, and by demanding an apology for whatever had been done against those principles of public law by the British government or its officers. I thought we ought to put ourselves right in the first place, and then we could insist that they should do right in the next place. When in England, in the year 1839, I had occasion to address a large and respectable assemblage; and allusion having been made to the relations of things between the two countries, I stated then, what I thought and now think, that in any controversy which should terminate in war between the United States and England, the only eminent advantage that either would possess would be found in the rectitude of its cause. With the right on our side, we are a match for England; and with the right on her side, she is a match for us, or for anybody.

We live in an age, fellow-citizens, when there has been established among the nations a more elevated tribunal than ever before existed on earth; I mean the tribunal of the enlightened public opinion of the world. Governments cannot go to war now, either with or against the consent of their own subjects or people, without the reprobation of other states, unless for grounds and reasons justifying them in the general judgment of mankind. The judgment of civilization, of commerce, and of that heavenly light that beams over Christendom, restrains men, congresses, parliaments, princes, and people from gratifying the inordinate love of ambition through the bloody scenes of war. It has been wisely said, and it is true, that every settlement of national differences between Christian states by fair negotiation, without resort to arms, is a new illustration and a new proof of the benign influence of the Christian faith.

With regard to the terms of this treaty, and in relation to the other subjects connected with it, it is somewhat awkward for me to speak, because the documents connected with them have not been made public by authority. But I persuade myself, that, when the whole shall be calmly considered, it will be seen that there was throughout a fervent disposition to maintain the interest and honor of the country, united with a proper regard for the preservation of peace between us and the greatest commercial nation of the world.

Gentlemen, while I receive these commendations which you have bestowed, I have an agreeable duty to perform to others. In the first place, I have great pleasure in bearing testimony to the intelligent interest manifested by the President of the United States, under whose authority, of course, I constantly acted throughout the negotiation, and his sincere and anxious desire that it might result successfully. I take great pleasure in acknowledging here, as I will acknowledge everywhere, my obligations to him for the unbroken and steady confidence reposed in me through the whole progress of an affair not unimportant to the country, and infinitely important to my own reputation.

A negotiator disparaged, distrusted, treated with jealousy by his own government, would be indeed a very unequal match for a cool and sagacious representative of one of the proudest and most powerful monarchies of Europe, possessing in the fullest extent the confidence of his government, and authorized to bind it in concerns of the greatest importance. I shall never forget the frankness and generosity with which, after a full and free interchange of suggestions upon the subject, I was told by the President that on my shoulders rested the responsibility of the negotiation, and on my discretion and judgment should rest the lead of every measure. I desire also to speak here of the hearty co-operation rendered every day by the other gentlemen connected with the administration, from every one of whom I received important assistance. I speak with satisfaction, also, of the useful labors of all the Commissioners, although I need hardly say here, what has been already said officially, that the highest respect is due to the Commissioners from Maine and Massachusetts for their faithful adherence to the rights of their own States, mingled with a cordial co-operation in what was required by the general interests of the United States. And I hope I shall not be considered as trespassing on this occasion, if I speak of the happy selection made by England of a person to represent her government on this occasion,[2]--a thorough Englishman, understanding and appreciating the great objects and interests of his own government, of large and liberal views, and of such standing and weight of character at home, as to impress a feeling of approbation of his course upon both government and people. He was fully acquainted with the subject, and always, on all occasions, as far as his allegiance and duty permitted, felt and manifested good-will towards this country.

Aside from the question of the boundary, there were other important subjects to be considered, to which I know not whether this is a proper occasion to allude. When the results of the negotiation shall be fully before the public, it will be seen that these other questions have not been neglected, questions of great moment and importance to the country; and then I shall look with concern, but with faith and trust, for the judgment of that country upon them. It is but just to take notice of a very important act, intended to provide for such cases as McLeod's, for which the country is indebted to the Whig majorities in the two houses of Congress, acting upon the President's recommendation. Events showed the absolute necessity of removing into the national tribunals questions involving the peace and honor of the United States.

There yet remain, Gentlemen, several other subjects still unsettled with England. First, there is that concerning the trade between the United States and the possessions of England, on this continent and in the West Indies. It has been my duty to look into that subject, and to keep the run of it, as we say, from the arrangement of 1829 and 1830, until the present time. That arrangement was one unfavorable to the shipping interests of the United States, and especially so to the New England States. To adjust these relations is an important subject, either for diplomatic negotiation, or the consideration of Congress. One or both houses of Congress, indeed, have already called upon the proper department for a report upon the operations of that arrangement, and a committee of the House of Representatives has made a report, showing that some adjustment of these relations is of vital importance to the future prosperity of our navigating interests.

There is another question, somewhat more remote; that of the Northwest Boundary, where the possessions of the two countries touch each other upon the Pacific. There are evident public reasons why that question should be settled before the country becomes peopled.

There are also, Gentlemen, many open questions respecting our relations with other governments. Upon most of the other States of this continent, citizens of the United States have claims, with regard to which the delays already incurred have caused great injustice; and it becomes the government of the United States, by a calm and dignified course, and a deliberate and vigorous tone of administration of public affairs, to secure prompt justice to our citizens in these quarters.

I am here to-day as a guest. I was invited by a number of highly valued personal and political friends to partake with them of a public dinner, for the purpose of giving them an opportunity to pass the usual greeting of friends upon my return; of testifying their respect for my public services heretofore; and of exchanging congratulations upon the results of the late negotiation. It was at my instance that the proposed dinner took the form of this meeting, and, instead of meeting them at the festive board, I agreed to meet them, and those who chose to meet me with them, here. Still, the general character of the meeting seems not to be changed. I am here as a guest; here to receive greetings and salutations for particular services, and not under any intimation or expectation that I should address the gentlemen who invited me or others here, upon subjects not suggested by themselves. It would not become me to use the occasion for any more general purpose. Because, although I have a design, at some time not far distant, to make known my sentiments upon political matters generally, and upon the political state of the country and that of its several parties, yet I know very well that I should be trespassing beyond the bounds of politeness and propriety, should I enter upon this whole wide field now. I will not enter upon it, because the gentlemen who invited me entertain on many of these topics views different from my own, and they would very properly say, that they came here to meet Mr. Webster, to congratulate him upon the late negotiation, and to exchange sentiments upon matters about which they agreed with him; and that it was not in very correct taste for him to use the occasion to express opinions upon other subjects on which they differ. It is on that account that I shall forbear discussing political subjects at large, and shall endeavor to confine my remarks to what may be considered as affecting myself, directly or indirectly.

The Mayor was kind enough to say, that having, in his judgment, performed the duties of my own department to the satisfaction of my country, it might be left to me to take care of my own honor and reputation. I suppose that he meant to say, that in the present distracted state of the Whig party, and among the contrariety of opinions that prevail (if there be a contrariety of opinion) as to the course proper for me to pursue, the decision of that question might be left to myself. I am exactly of his opinion. I am quite of opinion that on a question touching my own honor and character, as I am to bear the consequences of the decision, I had a great deal better be trusted to make it. No man feels more highly the advantage of the advice of friends than I do; but on a question so delicate and important as that, I like to choose myself the friends who are to give me advice; and upon this subject, Gentlemen, I shall leave you as enlightened as I found you.

I give no pledges, I make no intimations, one way or the other; and I will be as free, when this day closes, to act as duty calls, as I was when the dawn of this day--(Here Mr. Webster was interrupted by tremendous applause. When silence was restored he continued:)

There is a delicacy in the case, because there is always delicacy and regret when one feels obliged to differ from his friends; but there is no embarrassment. There is no embarrassment, because, if I see the path of duty before me, I have that within me which will enable me to pursue it, and throw all embarrassment to the winds. A public man has no occasion to be embarrassed, if he is honest. Himself and his feelings should be to him as nobody and as nothing; the interest of his country must be to him as every thing; he must sink what is personal to himself, making exertions for his country; and it is his ability and readiness to do this which are to mark him as a great or as a little man in time to come.

There were many persons in September, 1841, who found great fault with my remaining in the President's Cabinet. You know, Gentlemen, that twenty years of honest, and not altogether undistinguished service in the Whig cause, did not save me from an outpouring of wrath, which seldom proceeds from Whig pens and Whig tongues against anybody. I am, Gentlemen, a little hard to coax, but as to being driven, that is out of the question. I chose to trust my own judgment, and thinking I was at a post where I was in the service of the country, and could do it good, I stayed there. And I leave it to you to-day to say, I leave it to my country to say, whether the country would have been better off if I had left also. I have no attachment to office. I have tasted of its sweets, but I have tasted of its bitterness. I am content with what I have achieved; I am more ready to rest satisfied with what is gained, than to run the risk of doubtful efforts for new acquisition.

I suppose I ought to pause here. (Cries of "Go on!") I ought, perhaps, to allude to nothing more, and I will not allude to any thing further than it may be supposed to concern myself, directly or by implication. Gentlemen, and Mr. Mayor, a most respectable convention of Whig delegates met in this place a few days since, and passed very important resolutions. There is no set of gentlemen in the Commonwealth, so far as I know them, who have more of my respect and regard. They are Whigs, but they are no better Whigs than I am. They have served the country in the Whig ranks; so have I, quite as long as most of them, though perhaps with less ability and success. Their resolutions on political subjects, as representing the Whigs of the State, are entitled to respect, so far as they were authorized to express opinion on those subjects, and no further. They were sent hither, as I supposed, to agree upon candidates for the offices of Governor and Lieutenant-Governor for the support of the Whigs of Massachusetts; and if they had any authority to speak in the name of the Whigs of Massachusetts to any other purport or intent, I have not been informed of it. I feel very little disturbed by any of those proceedings, of whatever nature; but some of them appear to me to have been inconsiderate and hasty, and their point and bearing can hardly be mistaken. I notice, among others, a declaration made, in behalf of all the Whigs of this Commonwealth, of "a full and final separation from the President of the United States." If those gentlemen saw fit to express their own sentiments to that extent, there was no objection. Whigs speak their sentiments everywhere; but whether they may assume a privilege to speak for others on a point on which those others have not given them authority, is another question. I am a Whig, I always have been a Whig, and I always will be one; and if there are any who would turn me out of the pale of that communion, let them see who will get out first. I am a Massachusetts Whig, a Faneuil Hall Whig, having breathed this air for five-and-twenty years, and meaning to breathe it as long as my life is spared. I am ready to submit to all decisions of Whig conventions on subjects on which they are authorized to make decisions; I know that great party good and great public good can only be so obtained. But it is quite another question whether a set of gentlemen, however respectable they may be as individuals, shall have the power to bind me on matters which I have not agreed to submit to their decision at all.

"A full and final separation" is declared between the Whig party of Massachusetts and the President. That is the text: it requires a commentary. What does it mean? The President of the United States has three years of his term of office yet unexpired. Does this declaration mean, then, that during those three years all the measures of his administration are to be opposed by the great body of the Whig party of Massachusetts, whether they are right or wrong? There are great public interests which require his attention. If the President of the United States should attempt, by negotiation, or by earnest and serious application to Congress, to make some change in the present arrangements, such as should be of service to those interests of navigation which are concerned in the colonial trade, are the Whigs of Massachusetts to give him neither aid nor succor? If the President of the United States shall direct the proper department to review the whole commercial policy of the United States, in respect of reciprocity in the indirect trade, to which so much of our tonnage is now sacrificed, if the amendment of this policy shall be undertaken by him, is there such a separation between him and the Whigs of Massachusetts as shall lead them and their representatives to oppose it. Do you know (there are gentlemen now here who do know) that a large proportion, I rather think more than one half, of the carrying trade between the empire of Brazil and the United States is enjoyed by tonnage from the North of Europe, in consequence of this ill-considered principle with regard to reciprocity. You might just as well admit them into the coasting trade. By this arrangement, we take the bread out of our children's mouths and give it to strangers. I appeal to you, Sir, (turning to Captain Benjamin Rich, who sat by him,) is not this true? (Mr. Rich at once replied, True!) Is every measure of this sort, for the relief of such abuses, to be rejected? Are we to suffer ourselves to remain inactive under every grievance of this kind until these three years shall expire, and through as many more as shall pass until Providence shall bless us with more power of doing good than we have now?

Again, there are now in this State persons employed under government, allowed to be pretty good Whigs, still holding their offices; collectors, district attorneys, postmasters, marshals. What is to become of them in this separation? Which side are they to fall? Are they to resign? or is this resolution to be held up to government as an invitation or a provocation to turn them out? Our distinguished fellow-citizen, who, with so much credit to himself and to his country, represents our government in England,[3]--is he expected to come home, on this separation, and yield his place to his predecessor,[4] or to somebody else? And in regard to the individual who addresses you,--what do his brother Whigs mean to do with him? Where do they mean to place me? Generally, when a divorce takes place, the parties divide their children. I am anxious to know where, in the case of this divorce, I shall fall. This declaration announces a full and final separation between the Whigs of Massachusetts and the President. If I choose to remain in the President's councils, do these gentlemen mean to say that I cease to be a Massachusetts Whig? I am quite ready to put that question to the people of Massachusetts.

I would not treat this matter too lightly, nor yet too seriously. I know very well that, when public bodies get together, resolutions can never be considered with any degree of deliberation. They are passed as they are presented. Who the honorable gentlemen were who drew this resolution I do not know. I suspect that they had not much meaning in it, and that they have not very clearly defined what little meaning they had. They were angry; they were resentful; they had drawn up a string of charges against the President,--a bill of indictment, as it were,--and, to close the whole, they introduced this declaration about "a full and final separation." I could not read this, of course, without perceiving that it had an intentional or unintentional bearing on my position; and therefore it was proper for me to allude to it here.

Gentlemen, there are some topics on which it has been my fortune to differ from my old friends. They may be right on these topics; very probably they are; but I am sure I am right in maintaining my opinions, such as they are, when I have formed them honestly and on deliberation. There seems to me to be a disposition to postpone all attempts to do good to the country to some future and uncertain day. Yet there is a Whig majority in each house of Congress, and I am of opinion that now is the time to accomplish what yet remains to be accomplished. Some gentlemen are for suffering the present Congress to expire; another Congress to be chosen, and to expire also; a third Congress to be chosen, and then, if there shall be a Whig majority in both branches, and a Whig President, they propose to take up highly important and pressing subjects. These are persons, Gentlemen, of more sanguine temperament than myself. "Confidence," says Lord Chatham, "is a plant of slow growth in an old bosom." He referred to confidence in men, but the remark is as true of confidence in predictions of future occurrences. Many Whigs see before us a prospect of more power, and a better chance to serve the country, than we now possess. Far along in the horizon, they discern mild skies and halcyon seas, while fogs and darkness and mists blind other sons of humanity from beholding all this bright vision. It was not so that we accomplished our last great victory, by simply brooding over a glorious Whig future. We succeeded in 1840, but not without an effort; and I know that nothing but union, cordial, sympathetic, fraternal union, can prevent the party that achieved that success from renewed prostration. It is not,--I would say it in the presence of the world,--it is not by premature and partial, by proscriptive and denunciatory proceedings, that this great Whig family can ever be kept together, or that Whig counsels can maintain their ascendency. This is perfectly plain and obvious. It was a party, from the first, made up of different opinions and principles, of gentlemen of every political complexion, uniting to make a change in the administration. They were men of strong State-rights principles, men of strong federal principles, men of extreme tariff, and men of extreme anti-tariff notions. What could be expected of such a party, unless animated by a spirit of conciliation and harmony, of union and sympathy? Its true policy was, from the first, and must be, unless it meditates its own destruction, to heal, and not to widen, the breaches that existed in its ranks. It consented to become united in order to save the country from a continuation of a ruinous course of measures. And the lesson taught by the whole history of the revolution of 1840 is the momentous value of conciliation, friendship, sympathy, and union.

Gentlemen, if I understand the matter, there were four or five great objects in that revolution. And, in the first place, one great object was that of attempting to secure permanent peace between this country and England. For although, as I have said, we were not actually at war, we were subjected to perpetual agitations, which disturb the interests of the country almost as much as war. They break in upon men's pursuits, and render them incapable of calculating or judging of their chances of success in any proposed line or course of business. A settled peace was one of the objects of that revolution. I am glad if you think this is accomplished.

The next object of that revolution was an increase of revenue. It was notorious that, for the several last years, the expenditures for the administration of government had exceeded the receipts; in other words, government had been running in debt, and in the mean time the operation of the compromise act was still further and faster diminishing the revenue itself. A sound revenue was one of those objects; and that it has been accomplished, our thanks and praise are due to the Congress that has just adjourned.

A third object was protection, protection incidental to revenue, or consequent upon revenue. Now as to that, Gentlemen, much has been done, and I hope it will be found that enough has been done. And for this, too, all the Whigs who supported that measure in Congress are entitled to high praise: they receive mine, and I hope they do yours; it is right that they should. But let us be just. The French rhetoricians have a maxim, that there is nothing beautiful that is not true; I am afraid that some of our jubilant oratory would hardly stand the test of this canon of criticism. It is not true that a majority, composed of Whigs, could be found, in either house, in favor of the tariff bill. More than thirty Whigs, many of them gentlemen of lead and influence, voted against the law, from beginning to end, on all questions, direct and indirect; and it is not pleasant to consider what would have been the state of the country, the treasury, and the government itself, at this moment, if the law actually passed, for revenue and for protection, had depended on Whig votes alone. After all, it passed the House of Representatives by a single vote; and there is a good deal of éclat about that single vote. But did not every gentleman who voted for it take the responsibility and deserve the honor of that single vote? Several gentlemen in the opposition thus befriended the bill; thus did our neighbor from the Middlesex District of this State,[5] voting for the tariff out and out, as steadily as did my honored friend, the member from this city.[6] We hear nothing of his "coming to the rescue," and yet he had that one vote, and held the tariff in his hand as absolutely as if he had had a presidential veto! And how was it in the Senate? It passed by one vote again there, and could not have passed at all without the assistance of the two Senators from Pennsylvania, of Mr. Williams of Maine, and of Mr. Wright of New York. Let us then admit the truth (and a lawyer may do that when it helps his case), that it was necessary that a large portion of the other party should come to the assistance of the Whigs to enable them to carry the tariff, and that, if this assistance had not been rendered, the tariff must have failed.

And this is a very important truth for New England. Her children, looking to their manufactures and industry for their livelihood, must rejoice to find the tariff, so necessary to these, no party question. Can they desire, can they wish, that such a great object as the protection of industry should become a party object, rising with party, and with the failure of the party that supported it going to the grave? This is a public, a national question. The tariff ought to be inwrought in the sentiments of all parties; and although I hope that the pre-eminence of Whig principles may be eternal, I wish to take bond and security, that we may make the protection of domestic industry more durable even than Whig supremacy.

Let us be true in another respect. This tariff has accomplished much, and is an honor to the men who passed it. But in regard to protection it has only restored the country to the state in which it was before the compromise act, and from which it fell under the operation of that act. It has repaired the consequences of that measure, and it has done no more. I may speak of the compromise act. My turn has come now. No measure ever passed Congress during my connection with that body that caused me so much grief and mortification. It was passed by a few friends joining the whole host of the enemy. I have heard much of the motives of that act. The personal motives of those that passed the act were, I doubt not, pure; and all public men are supposed to act from pure motives. But if by motives are meant the objects proposed by the act itself, and expressed in it, then I say, if those be the motives alluded to, they are worse than the act itself. The principle was bad, the measure was bad, the consequences were bad. Every circumstance, as well as every line of the act itself, shows that the design was to impose upon legislation a restraint that the Constitution had not imposed; to insert in the Constitution a new prohibitory clause, providing that, after the year 1842, no revenue should be collected except according to an absurd horizontal system, and none exceeding twenty per cent. It was then pressed through under the great emergency of the public necessities. But I may now recur to what I then said, namely, that its principle was false and dangerous, and that, when its time came, it would rack and convulse our system. I said we should not get rid of it without throes and spasms. Has not this been as predicted? We have felt the spasms and throes of this convulsion; but we have at last gone through them, and begin to breathe again. It is something that that act is at last got rid of; and the present tariff is deserving in this, that it is specific and discriminating, that it holds to common sense, and rejects and discards the principles of the compromise act, I hope for ever.

Another great and principal object of the revolution of 1840 was a restoration of the currency. Our troubles did not begin with want of money in the treasury, or under the sapping and mining operation of the compromise act. They are of earlier date. The trouble and distress of the country began with the currency in 1833, and broke out with new severity in 1837. Other causes of difficulty have since arisen, but the first great shock was a shock on the currency; and from the effect of this the country is not yet relieved. I hope the late act may yield competent revenue, and am sure it will do much for protection. But until you provide a better currency, so that you may have a universal one, of equal and general value throughout the land, I am hard to be persuaded that we shall see the day of our former prosperity. Currency, accredited currency, and easy and cheap internal exchanges,--until these things be obtained, depend upon it, the country will find no adequate relief.

And now, fellow-citizens, I will say a word or two on the history of the transactions on this subject. At the special session of Congress, the Secretary of the Treasury, Mr. Ewing, arranged a plan for a national bank. That plan was founded upon the idea of a large capital, furnished mainly by private subscriptions, and it included branches for local discounts. I need not advert, Gentlemen, to the circumstances under which this scheme was drawn up, and received, as it did, the approbation of the President and Cabinet, as the best thing that could be done. I need not remind you, that he whom we had all agreed should hold the second place in the government had been called to the head of it. I need not say that he held opinions wholly different from mine on the subjects which now came before us. But those opinions were fixed, and therefore it was thought the part of wisdom and prudence not to see how strong a case might be made against the President, but to get along as well as we might. With such views, Mr. Ewing presented his plan to Congress. As most persons will remember, the clause allowing the bank to establish branches provided that those branches might be placed in any State which should give its consent. I have no idea that there is any necessity for such a restriction. I believe Congress has the power to establish the branches without, as well as with, the consent of the States. But that clause, at most, was theoretical. I never could find anybody who could show any practical mischief resulting from it. Its opponents went upon the theory, which I do not exactly accord with, that an omission to exercise a power, in any case, amounts to a surrender of that power. At any rate, it was the best thing that could be done; and its rejection was the commencement of the disastrous dissensions between the President and Congress.

Gentlemen, it was exceedingly doubtful at the time when that plan was prepared whether the capital would be subscribed. But we did what we could about it. We asked the opinion of the leading merchants of the principal commercial cities. They were invited to Washington to confer with us. They expressed doubts whether the bank could be put into operation, but they expressed hopes also, and they pledged themselves to do the best they could to advance it. And as the commercial interests were in its favor, as the administration was new and fresh and popular, and the people were desirous to have something done, a great earnestness was felt that that bill should be tried.

It was sent to the Senate at the Senate's request, and by the Senate it was rejected. Another bill was reported in the Senate, without the provision requiring the consent of the States to branches, was discussed for six weeks or two months, and then could not pass even a Whig Senate. Here was the origin of distrust, disunion, and resentment.

I will not pursue the unhappy narrative of the latter part of the session of 1841. Men had begun to grow excited and angry and resentful. I expressed the opinion, at an early period, to all those to whom I was entitled to speak, that it would be a great deal better to forbear further action at present. That opinion, as expressed to the two Whig Senators from Massachusetts, is before the public. I wished Congress to give time for consultation to take place, for harmony to be restored; because I looked for no good, except from the united and harmonious action of all the branches of the Whig government. I suppose that counsel was not good, certainly it was not followed. I need not add the comment.

This brings us, as far as concerns the questions of currency, to the last session of Congress. Early in that session the Secretary of the Treasury sent in a plan of an exchequer. It met with little favor in either House, and therefore it is necessary for me, Gentlemen, lest the whole burden fall on others, to say that it had my hearty, sincere, and entire approbation. Gentlemen, I hope that I have not manifested through my public life a very overweening confidence in my own judgment, or a very unreasonable unwillingness to accept the views of others. But there are some subjects on which I feel entitled to pay some respect to my own opinion. The subject of currency, Gentlemen, has been the study of my life. Thirty years ago, a little before my entrance into the House of Representatives, the questions connected with a mixed currency, involving the proper relation of paper to specie, and the proper means of restricting an excessive issue of paper, came to be discussed by the most acute and well-disciplined understandings in England in Parliament. At that time, during the suspension of specie payments by the bank, when paper was fifteen per cent below par, Mr. Vansittart had presented his celebrated resolution, declaring that a bank-note was still worth the value expressed on its face; that the bank note had not depreciated, but that the price of bullion had risen. Lord Liverpool and Lord Castlereagh espoused this view, as we know, and it was opposed by the close reasoning of Huskisson, the powerful logic of Horner, and the practical sagacity and common sense of Alexander Baring, now Lord Ashburton. The study of those debates made me a bullionist. They convinced me that paper could not circulate safely in any country, any longer than it was immediately redeemable at the place of its issue. Coming into Congress the very next year, or the next but one after, and finding the finances of the country in a most deplorable condition, I then and ever after devoted myself, in preference to all other public topics, to the consideration of the questions relating to them. I believe I have read every thing of value that has been published since on those questions, on either side of the Atlantic. I have studied by close observation the laws of paper currency, as they have exhibited themselves in this and in other countries, from 1811 down to the present time. I have expressed my opinions at various times in Congress, and some of the predictions which I have made have not been altogether falsified by subsequent events. I must therefore be permitted, Gentlemen, without yielding to any flippant newspaper paragraph, or to the hasty ebullitions of debate in a public assembly, to say, that I believe the plan for an exchequer, as presented to Congress at its last session, is the best measure, the only measure for the adoption of Congress and the trial of the people. I am ready to stake my reputation upon it, and that is all that I have to stake. I am ready to stake my reputation, that, if this Whig Congress will take that measure and give it a fair trial, within three years it will be admitted by the whole American people to be the most beneficial measure of any sort ever adopted in this country, the Constitution only excepted.

I mean that they should take it as it was when it came from the Cabinet, not as it looked when the committees of Congress had laid their hands upon it. For when the committees of Congress had struck out the proviso respecting exchange, it was not worth a rush; it was not worth the parchment it would be engrossed upon. The great desire of this country is a general currency, a facility of exchange; a currency which shall be the same for you and for the people of Alabama and Louisiana, and a system of exchange which shall equalize credit between them and you, with the rapidity and facility with which steam conveys men and merchandise. That is what the country wants, what you want; and you have not got it. You have not got it, you cannot get it, but by some adequate provision of government. Exchange, ready exchange, that will enable a man to turn his Orleans means into money to-day, (as we have had in better times millions a year exchanged, at only three quarters of one per cent,) is what is wanted How are we to obtain this? A Bank of the United States founded on a private subscription is out of the question. That is an obsolete idea. The country and the condition of things have changed. Suppose that a bank were chartered with a capital of fifty millions, to be raised by private subscription. Would it not be out of all possibility to find the money? Who would subscribe? What would you get for shares? And as for the local discount, do you wish it? Do you, in State Street, wish that the nation should send millions of untaxed banking capital hither to increase your discounts? What, then, shall we do? People who are waiting for power to make a Bank of the United States may as well postpone all attempts to benefit the country to the incoming of the Jews.

What, then, shall we do? Let us turn to this plan of the exchequer, brought forward last year. It was assailed from all quarters. One gentleman did say, I believe, that by some possibility some good might come out of it, but in general it met with a different opposition from every different class. Some said it would be a perfectly lifeless machine,--that it was no system at all,--that it would do nothing, for good or evil; others thought that it had a great deal too much vitality, admitting that it would answer the purpose perfectly well for which it was designed, but fearing that it would increase the executive power: thus making it at once King Log and King Serpent. One party called it a ridiculous imbecility; the other, a dangerous giant, that might subvert the Constitution. These varied arguments, contradicting, if not refuting, one another, convinced me of one thing at least,--that the bill would not be adopted, nor even temperately and candidly considered. And it was not. In a manner quite unusual, it was discussed, assailed, denounced, before it was allowed to take the course of reference and examination.

The difficulties we meet in carrying out our system of constitutional government are indeed extraordinary. The Constitution was intended as an instrument of great political good; but we sometimes so dispute its meaning, that we cannot use it at all. One man will not have a bank, without the power of local discount, against the consent of the States; for that, he insists, would break the Constitution. Another will not have a bank with such a power, because he thinks that would break the Constitution. A third will not have an exchequer, with authority to deal in exchanges, because that would increase executive influence, and so might break the Constitution. And between them all, we are like the boatman who, in the midst of rocks and currents and whirlpools, will not pull one stroke for safety, lest he break his oar. Are we now looking for the time when we can charter a United States Bank with a large private subscription? When will that be? When confidence is restored. Are we, then, to do nothing to save the vessel from sinking, till the chances of the winds and waves have landed us on the shore? He is more sanguine than I am, who thinks that the time will soon come when the Whigs have more power to work effectually for the good of the country than they now have. The voice of patriotism calls upon them not to postpone, but to act at this moment, at the very next session; to make the best of their means, and to try. You say that the administration is responsible; why not, then, try the plan it has recommended. If it fails, let the President bear the responsibility. If you will not try this plan, why not propose something else?

Gentlemen, in speaking of events that have happened, I ought to say, and will, since I am making a full and free communication, that there is no one of my age, and I am no longer very young, who has written or spoken more against the abuse and indiscreet use of the veto power than I have. And there is no one whose opinions upon this subject are less changed. I presume it is universally known, that I have advised against the use of the veto power on every occasion when it has been used since I have been in the Cabinet. But I am, nevertheless, not willing to join those who seem more desirous to make out a case against the President, than of serving their country to the extent of their ability, vetoes notwithstanding. Indeed, at the close of the extra session, the received doctrine of many seemed to be, that they would undertake nothing until they could amend the Constitution so as to do away with this power. This was mere mockery. If we were now reforming the Constitution, we might wish for some, I do not say what, guards and restraints upon this power more than the Constitution at present contains; but no convention would recommend striking it out altogether. Have not the people of New York lately amended their constitution, so as to require, in certain legislative action, votes of two thirds? and is not this same restriction in daily use in the national House of Representatives itself, in the case of suspension of the rules? This constitutional power, therefore, is no greater a restraint than this body imposes on itself. But it is utterly hopeless to look for such an amendment; who expects to live to see its day? And to give up all practical efforts, and to go on with a general idea that the Constitution must be amended before anything can be done, was, I will not say trifling, but treating the great necessities of the people as of quite too little importance. This Congress accomplished, in this regard, nothing for the people. The exchequer plan which was submitted to it will accomplish some of the objects of the people, and especially the Whig people. I am confident of it; I know it. When a mechanic makes a tool, an axe, a saw, or a plane, and knows that the temper is good and the parts are well proportioned, he knows that it will answer its purpose. And I know that this plan will answer its purpose.

There are other objects which ought not to be neglected, among which is one of such importance that I will not now pass it by; I mean, the mortifying state of the public credit of this country at this time. I cannot help thinking, that if the statesmen of a former age were among us, if Washington were here, if John Adams, and Hamilton, and Madison were here, they would be deeply concerned and soberly thoughtful about the present state of the public credit of the country. In the position I fill, it becomes my duty to read, generally with pleasure, but sometimes with pain, communications from our public agents abroad. It is distressing to hear them speak of their distress at what they see and hear of the scorn and contumely with which the American character and American credit are treated abroad. Why, at this very time, we have a loan in the market, which, at the present rate of money and credit, ought to command in Europe one hundred and twenty-five per cent. Can we sell a dollar of it? And how is it with the credit of our own Commonwealth? Does it not find itself affected in its credit by the general state of the credit of the country? Is there nobody ready to make a movement in this matter? Is there not a man in our councils large enough, comprehensive enough in his views, to undertake at least to present this case before the American people, and thus do something to restore the public character for morals and honesty?

There are in the country some men who are indiscreet enough to talk of repudiation,--to advise their fellow-citizens to repudiate public debt. Does repudiation pay a debt? Does it discharge the debtor? Can it so modify a debt that it shall not be always binding, in law as well as in morals? No, Gentlemen; repudiation does nothing but add a sort of disrepute to acknowledged inability. It is our duty, so far as is in our power, to rouse the public feeling on the subject; to maintain and assert the universal principles of law and justice, and the importance of preserving public faith and credit. People say that the intelligent capitalists of Europe ought to distinguish between the United States government and the State governments. So they ought; but, Gentlemen, what does all this amount to? Does not the general government comprise the same people who make up the State governments? May not these Europeans ask us how long it may be before the national councils will repudiate public obligations?

The doctrine of repudiation has inflicted upon us a stain which we ought to feel worse than a wound; and the time has come when every man ought to address himself soberly and seriously to the correction of this great existing evil. I do not undertake to say what the Constitution allows Congress to do in the premises. I will only say, that if that great fund of the public domain properly and in equity belongs, as is maintained, to the States themselves, there are some means, by regular and constitutional laws, to enable and induce the States to save their own credit and the credit of the country.

Gentlemen, I have detained you much too long. I have wished to say, that, in my judgment, there remain certain important objects to engage our public and private attention, in the national affairs of the country. These are, the settlement of the remaining questions between ourselves and England; the great questions relating to the reciprocity principle; those relating to colonial trade; the most absorbing questions of the currency, and those relating to the great subject of the restoration of the national character and the public faith; these are all objects to which I am willing to devote myself, both in public and in private life. I do not expect that much of public service remains to be done by me; but I am ready, for the promotion of these objects, to act with sober men of any party, and of all parties. I am ready to act with men who are free from that great danger that surrounds all men of all parties,--the danger that patriotism itself, warmed and heated in party contests, will run into partisanship. I believe that, among the sober men of this country, there is a growing desire for more moderation of party feeling, more predominance of purely public considerations, more honest and general union of well-meaning men of all sides to uphold the institutions of the country and carry them forward.

In the pursuit of these objects, in public life or in a private station, I am willing to perform the part assigned to me, and to give them, with hearty good-will and zealous effort, all that may remain to me of strength and life.

[Footnote 1: The office of Representative in Congress.]

[Footnote 2: Lord Ashburton.]

[Footnote 3: Mr. Edward Everett.]

[Footnote 4: Mr. Andrew Stevenson.]

[Footnote 5: Mr. Parmenter.]

[Footnote 6: Mr. R.C. Winthrop.]

THE LANDING AT PLYMOUTH.

A SPEECH DELIVERED ON THE 22d OF DECEMBER, 1843, AT THE PUBLIC DINNER OF THE NEW ENGLAND SOCIETY OF NEW YORK, IN COMMEMORATION OF THE LANDING OF THE PILGRIMS.

[The great Pilgrim festival was celebrated on the 22d of December, 1843, by the New England Society of New York, with uncommon spirit and success. A commemorative oration was delivered in the morning by Hon. Rufus Choate, in a style of eloquence rarely equalled. The public dinner of the Society, at the Astor House, at which M.H. Grinnell, Esq. presided, was attended by a very large company, composed of the members of the Society and their invited guests. Several appropriate toasts having been given and responded to by the distinguished individuals present, George Griswold, Esq. rose to offer one in honor of Mr. Webster. After a few remarks complimentary to that gentleman, in reference to his services in refuting the doctrine of nullification and in averting the danger of war by the treaty of Washington, Mr. Griswold gave the following toast:--

"DANIEL WEBSTER,--the gift of New England to his country, his whole country, and nothing but his country."

This was received with great applause, and on rising to respond to it Mr. Webster was greeted with nine enthusiastic cheers, and the most hearty and prolonged approbation. When silence was restored, he spoke as follows.]

MR. PRESIDENT:--I have a grateful duty to perform in acknowledging the kindness of the sentiment thus expressed towards me. And yet I must say, Gentlemen, that I rise upon this occasion under a consciousness that I may probably disappoint highly raised, too highly raised expectations. In the scenes of this evening, and in the scene of this day, my part is an humble one. I can enter into no competition with the fresher geniuses of those more eloquent gentlemen, learned and reverend, who have addressed this Society. I may perform, however, the humbler, but sometimes useful, duty of contrast, by adding the dark ground of the picture, which shall serve to bring out the more brilliant colors.

I must receive, Gentlemen, the sentiment proposed by the worthy and distinguished citizen of New York before me, as intended to convey the idea that, as a citizen of New England, as a son, a child, a creation of New England, I may be yet supposed to entertain, in some degree, that enlarged view of my duty as a citizen of the United States and as a public man, which may, in some small measure, commend me to the regard of the whole country. While I am free to confess, Gentlemen, that there is no compliment of which I am more desirous to be thought worthy, I will add, that a compliment of that kind could have proceeded from no source more agreeable to my own feelings than from the gentleman who has proposed it,--an eminent merchant, the member of a body of eminent merchants, known throughout the world for their intelligence and enterprise. I the more especially feel this, Gentlemen, because, whether I view the present state of things or recur to the history of the past, I can in neither case be ignorant how much that profession, and its distinguished members, from an early day of our history, have contributed to make the country what it is, and the government what it is.

Gentlemen, the free nature of our institutions, and the popular form of those governments which have come down to us from the Rock of Plymouth, give scope to intelligence, to talent, enterprise, and public spirit, from all classes making up the great body of the community. And the country has received benefit in all its history and in all its exigencies, of the most eminent and striking character, from persons of the class to which my friend before me belongs. Who will ever forget that the first name signed to our ever-memorable and ever-glorious Declaration of Independence is the name of John Hancock, a merchant of Boston? Who will ever forget that, in the most disastrous days of the Revolution, when the treasury of the country was bankrupt, with unpaid navies and starving armies, it was a merchant,--Robert Morris of Philadelphia,--who, by a noble sacrifice of his own fortune, as well as by the exercise of his great financial abilities, sustained and supported the wise men of the country in council, and the brave men of the country in the field of battle? Nor are there wanting more recent instances. I have the pleasure to see near me, and near my friend who proposed this sentiment, the son of an eminent merchant of New England (Mr. Goodhue), an early member of the Senate of the United States, always consulted, always respected, in whatever belonged to the duty and the means of putting in operation the financial and commercial system of the country; and this mention of the father of my friend brings to my mind the memory of his great colleague, the early associate of Hamilton and of Ames, trusted and beloved by Washington, consulted on all occasions connected with the administration of the finances, the establishment of the treasury department, the imposition of the first rates of duty, and with every thing that belonged to the commercial system of the United States,--George Cabot, of Massachusetts.

I will take this occasion to say, Gentlemen, that there is no truth better developed and established in the history of the United States, from the formation of the Constitution to the present time, than this,--that the mercantile classes, the great commercial masses of the country, whose affairs connect them strongly with every State in the Union and with all the nations of the earth, whose business and profession give a sort of nationality to their character,--that no class of men among us, from the beginning, have shown a stronger and firmer devotion to whatsoever has been designed, or to whatever has tended, to preserve the union of these States and the stability of the free government under which we live. The Constitution of the United States, in regard to the various municipal regulations and local interests, has left the States individual, disconnected, isolated. It has left them their own codes of criminal law; it has left them their own system of municipal regulations. But there was one great interest, one great concern, which, from the very nature of the case, was no longer to be left under the regulations of the then thirteen, afterwards twenty, and now twenty-six States, but was committed, necessarily committed, to the care, the protection, and the regulation of one government; and this was that great unit, as it has been called, the commerce of the United States. There is no commerce of New York, no commerce of Massachusetts, none of Georgia, none of Alabama or Louisiana. All and singular, in the aggregate and in all its parts, is the commerce of the United States, regulated at home by a uniform system of laws under the authority of the general government, and protected abroad under the flag of our government, the glorious E Pluribus Unum, and guarded, if need be, by the power of the general government all over the world. There is, therefore, Gentlemen, nothing more cementing, nothing that makes us more cohesive, nothing that more repels all tendencies to separation and dismemberment, than this great, this common, I may say this overwhelming interest of one commerce, one general system of trade and navigation, one everywhere and with every nation of the globe. There is no flag of any particular American State seen in the Pacific seas, or in the Baltic, or in the Indian Ocean. Who knows, or who hears, there of your proud State, or of my proud State? Who knows, or who hears, of any thing, at the extremest north or south, or at the antipodes,--in the remotest regions of the Eastern or Western Sea,--who ever hears, or knows, of any thing but an American ship, or of any American enterprise of a commercial character that does not bear the impression of the American Union with it?

It would be a presumption of which I cannot be guilty, Gentlemen, for me to imagine for a moment, that, among the gifts which New England has made to our common country, I am any thing more than one of the most inconsiderable. I readily bring to mind the great men, not only with whom I have met, but those of the generation before me, who now sleep with their fathers, distinguished in the Revolution, distinguished in the formation of the Constitution and in the early administration of the government, always and everywhere distinguished; and I shrink in just and conscious humiliation before their established character and established renown; and all that I venture to say, and all that I venture to hope may be thought true, in the sentiment proposed, is, that, so far as mind and purpose, so far as intention and will, are concerned, I may be found among those who are capable of embracing the whole country of which they are members in a proper, comprehensive, and patriotic regard. We all know that the objects which are nearest are the objects which are dearest; family affections, neighborhood affections, social relations, these in truth are nearest and dearest to us all; but whosoever shall be able rightly to adjust the graduation of his affections, and to love his friends and his neighbors, and his country, as he ought to love them, merits the commendation pronounced by the philosophic poet upon him

"Qui didicit patriae quid debeat, et quid amicis."

Gentlemen, it has been my fortune, in the little part which I have acted in public life, for good or for evil to the community, to be connected entirely with that government which, within the limits of constitutional power, exercises jurisdiction over all the States and all the people. My friend at the end of the table on my left has spoken pleasantly to us to-night of the reputed miracles of tutelar saints. In a sober sense, in a sense of deep conviction, I say that the emergence of this country from British domination, and its union under its present form of government beneath the general Constitution of the country, if not a miracle, is, I do not say the most, but one of the most fortunate, the most admirable, the most auspicious occurrences, which have ever fallen to the lot of man. Circumstances have wrought out for us a state of things which, in other times and other regions, philosophy has dreamed of, and theory has proposed, and speculation has suggested, but which man has never been able to accomplish. I mean the government of a great nation over a vastly extended portion of the surface of the earth, by means of local institutions for local purposes, and general institutions for general purposes. I know of nothing in the history of the world, notwithstanding the great league of Grecian states, notwithstanding the success of the Roman system, (and certainly there is no exception to the remark in modern history,)--I know of nothing so suitable on the whole for the great interests of a great people spread over a large portion of the globe, as the provision of local legislation for local and municipal purposes, with, not a confederacy, nor a loose binding together of separate parts, but a limited, positive general government for positive general purposes, over the whole. We may derive eminent proofs of this truth from the past and the present. What see we to-day in the agitations on the other side of the Atlantic? I speak of them, of course, without expressing any opinion on questions of politics in a foreign country; but I speak of them as an occurrence which shows the great expediency, the utility, I may say the necessity, of local legislation. If, in a country on the other side of the water (Ireland), there be some who desire a severance of one part of the empire from another, under a proposition of repeal, there are others who propose a continuance of the existing relation under a federative system: and what is this? No more, and no less, than an approximation to that system under which we live, which for local, municipal purposes shall have a local legislature, and for general purposes a general legislature.

This becomes the more important when we consider that the United States stretch over so many degrees of latitude,--that they embrace such a variety of climate,--that various conditions and relations of society naturally call for different laws and regulations. Let me ask whether the legislature of New York could wisely pass laws for the government of Louisiana, or whether the legislature of Louisiana could wisely pass laws for Pennsylvania or New York? Everybody will say, "No." And yet the interests of New York and Pennsylvania and Louisiana, in whatever concerns their relations between themselves and their general relations with all the states of the world, are found to be perfectly well provided for, and adjusted with perfect congruity, by committing these general interests to one common government, the result of popular general elections among them all.

I confess, Gentlemen, that having been, as I have said, in my humble career in public life, employed in that portion of the public service which is connected with the general government, I have contemplated, as the great object of every proceeding, not only the particular benefit of the moment, or the exigency of the occasion, but the preservation of this system; for I do consider it so much the result of circumstances, and that so much of it is due to fortunate concurrence, as well as to the sagacity of the great men acting upon those occasions,--that it is an experiment of such remarkable and renowned success,--that he is a fool or a madman who would wish to try that experiment a second time. I see to-day, and we all see, that the descendants of the Puritans who landed upon the Rock of Plymouth; the followers of Raleigh, who settled Virginia and North Carolina; he who lives where the truncheon of empire, so to speak, was borne by Smith; the inhabitants of Georgia; he who settled under the auspices of France at the mouth of the Mississippi; the Swede on the Delaware, the Quaker of Pennsylvania,--all find, at this day, their common interest, their common protection, their common glory, under the united government, which leaves them all, nevertheless, in the administration of their own municipal and local affairs, to be Frenchmen, or Swedes, or Quakers, or whatever they choose. And when one considers that this system of government, I will not say has produced, because God and nature and circumstances have had an agency in it,--but when it is considered that this system has not prevented, but has rather encouraged, the growth of the people of this country from three millions, on the glorious 4th of July, 1776, to seventeen millions now, who is there that will say, upon this hemisphere,--nay, who is there that will stand up in any hemisphere, who is there in any part of the world, that will say that the great experiment of a united republic has failed in America? And yet I know, Gentlemen, I feel, that this united system is held together by strong tendencies to union, at the same time that it is kept from too much leaning toward consolidation by a strong tendency in the several States to support each its own power and consideration. In the physical world it is said, that

"All nature's difference keeps all nature's peace,"

and there is in the political world this same harmonious difference, this regular play of the positive and negative powers, (if I may so say,) which, at least for one glorious half-century, has kept us as we have been kept, and made us what we are.

But, Gentlemen, I must not allow myself to pursue this topic. It is a sentiment so commonly repeated by me upon all public occasions, and upon all private occasions, and everywhere, that I forbear to dwell upon it now. It is the union of these States, it is the system of government under which we live, beneath the Constitution of the United States, happily framed, wisely adopted, successfully administered for fifty years,--it is mainly this, I say, that gives us power at home and credit abroad. And, for one, I never stop to consider the power or wealth or greatness of a State. I tell you, Mr. Chairman, I care nothing for your Empire State as such. Delaware and Rhode Island are as high in my regard as New York. In population, in power, in the government over us, you have a greater share. You would have the same share if you were divided into forty States. It is not, therefore, as a State sovereignty, it is only because New York is a vast portion of the whole American people, that I regard this State, as I always shall regard her, as respectable and honorable. But among State sovereignties there is no preference; there is nothing high and nothing low; every State is independent and every State is equal. If we depart from this great principle, then are we no longer one people; but we are thrown back again upon the Confederation, and upon that state of things in which the inequality of the States produced all the evils which befell us in times past, and a thousand ill-adjusted and jarring interests.

Mr. President, I wish, then, without pursuing these thoughts, without especially attempting to produce any fervid impression by dwelling upon them, to take this occasion to answer my friend who has proposed the sentiment, and to respond to it by saying, that whoever would serve his country in this our day, with whatever degree of talent, great or small, it may have pleased the Almighty Power to give him, he cannot serve it, he will not serve it, unless he be able, at least, to extend his political designs, purposes, and objects, till they shall comprehend the whole country of which he is a servant.

Sir, I must say a word in connection with that event which we have assembled to commemorate. It has seemed fit to the dwellers in New York, New-Englanders by birth or descent, to form this society. They have formed it for the relief of the poor and distressed, and for the purpose of commemorating annually the great event of the settlement of the country from which they spring. It would be great presumption in me to go back to the scene of that settlement, or to attempt to exhibit it in any colors, after the exhibition made to-day; yet it is an event that in all time since, and in all time to come, and more in times to come than in times past, must stand out in great and striking characteristics to the admiration of the world. The sun's return to his winter solstice, in 1620, is the epoch from which he dates his first acquaintance with the small people, now one of the happiest, and destined to be one of the greatest, that his rays fall upon; and his annual visitation, from that day to this, to our frozen region, has enabled him to see that progress, progress, was the characteristic of that small people. He has seen them from a handful, that one of his beams coming through a key-hole might illuminate, spread over a hemisphere which he cannot enlighten under the slightest eclipse. Nor, though this globe should revolve round him for tens of hundreds of thousands of years, will he see such another incipient colonization upon any part of this attendant upon his mighty orb. What else he may see in those other planets which revolve around him we cannot tell, at least until we have tried the fifty-foot telescope which Lord Rosse is preparing for that purpose.

There is not, Gentlemen, and we may as well admit it, in any history of the past, another epoch from which so many great events have taken a turn; events which, while important to us, are equally important to the country from whence we came. The settlement of Plymouth--concurring, I always wish to be understood, with that of Virginia--was the settlement of New England by colonies of Old England. Now, Gentlemen, take these two ideas and run out the thoughts suggested by both. What has been, and what is to be, Old England? What has been, what is, and what may be, in the providence of God, New England, with her neighbors and associates? I would not dwell, Gentlemen, with any particular emphasis upon the sentiment, which I nevertheless entertain, with respect to the great diversity in the races of men. I do not know how far in that respect I might not encroach on those mysteries of Providence which, while I adore, I may not comprehend; but it does seem to me to be very remarkable, that we may go back to the time when New England, or those who founded it, were subtracted from Old England; and both Old England and New England went on, nevertheless, in their mighty career of progress and power.

Let me begin with New England for a moment. What has resulted, embracing, as I say, the nearly contemporaneous settlement of Virginia,--what has resulted from the planting upon this continent of two or three slender colonies from the mother country? Gentlemen, the great epitaph commemorative of the character and the worth, the discoveries and glory, of Columbus, was, that he had given a new world to the crowns of Castile and Aragon. Gentlemen, this is a great mistake. It does not come up at all to the great merits of Columbus. He gave the territory of the southern hemisphere to the crowns of Castile and Aragon; but as a place for the plantation of colonies, as a place for the habitation of men, as a place to which laws and religion, and manners and science, were to be transferred, as a place in which the creatures of God should multiply and fill the earth, under friendly skies and with religious hearts, he gave it to the whole world, he gave it to universal man! From this seminal principle, and from a handful, a hundred saints, blessed of God and ever honored of men, landed on the shores of Plymouth and elsewhere along the coast, united, as I have said already more than once, in the process of time, with the settlement at Jamestown, has sprung this great people of which we are a portion.

I do not reckon myself among quite the oldest of the land, and yet it so happens that very recently I recurred to an exulting speech or oration of my own, in which I spoke of my country as consisting of nine millions of people. I could hardly persuade myself that within the short time which had elapsed since that epoch our population had doubled; and that at the present moment there does exist most unquestionably as great a probability of its continued progress, in the same ratio, as has ever existed in any previous time. I do not know whose imagination is fertile enough, I do not know whose conjectures, I may almost say, are wild enough to tell what may be the progress of wealth and population in the United States in half a century to come. All we know is, here is a people of from seventeen to twenty millions, intelligent, educated, freeholders, freemen, republicans, possessed of all the means of modern improvement, modern science, arts, literature, with the world before them! There is nothing to check them till they touch the shores of the Pacific, and then, they are so much accustomed to water, that that's a facility, and no obstruction!

So much, Gentlemen, for this branch of the English race; but what has happened, meanwhile, to England herself since the period of the departure of the Puritans from the coast of Lincolnshire, from the English Boston? Gentlemen, in speaking of the progress of English power, of English dominion and authority, from that period to the present, I shall be understood, of course, as neither entering into any defence or any accusation of the policy which has conducted her to her present state. As to the justice of her wars, the necessity of her conquests, the propriety of those acts by which she has taken possession of so great a portion of the globe, it is not the business of the present occasion to inquire. Neque teneo, neque refello. But I speak of them, or intend to speak of them, as facts of the most extraordinary character, unequalled in the history of any nation on the globe, and the consequences of which may and must reach through a thousand generations. The Puritans left England in the reign of James the First. England herself had then become somewhat settled and established in the Protestant faith, and in the quiet enjoyment of property, by the previous energetic, long, and prosperous reign of Elizabeth. Her successor was James the Sixth of Scotland, now become James the First of England; and here was a union of the crowns, but not of the kingdoms,--a very important distinction. Ireland was held by a military power, and one cannot but see that at that day, whatever may be true or untrue in more recent periods of her history, Ireland was held by England by the two great potencies, the power of the sword and the power of confiscation. In other respects, England was nothing like the England which we now behold. Her foreign possessions were quite inconsiderable. She had some hold on the West India Islands; she had Acadia, or Nova Scotia, which King James granted, by wholesale, for the endowment of the knights whom he created by hundreds. And what has been her progress? Did she then possess Gibraltar, the key to the Mediterranean? Did she possess a port in the Mediterranean? Was Malta hers? Were the Ionian Islands hers? Was the southern extremity of Africa, was the Cape of Good Hope, hers? Were the whole of her vast possessions in India hers? Was her great Australian empire hers? While that branch of her population which followed the western star, and under its guidance committed itself to the duty of settling, fertilizing, and peopling an unknown wilderness in the West, were pursuing their destinies, other causes, providential doubtless, were leading English power eastward and southward, in consequence and by means of her naval prowess, and the extent of her commerce, until in our day we have seen that within the Mediterranean, on the western coast and at the southern extremity of Africa, in Arabia, in hither India and farther India, she has a population ten times as great as that of the British Isles two centuries ago. And recently, as we have witnessed,--I will not say with how much truth and justice, policy or impolicy, I do not speak at all to the morality of the action, I only speak to the fact,--she has found admission into China, and has carried the Christian religion and the Protestant faith to the doors of three hundred millions of people.

It has been said that whosoever would see the Eastern world before it turns into a Western world must make his visit soon, because steamboats and omnibuses, commerce, and all the arts of Europe, are extending themselves from Egypt to Suez, from Suez to the Indian seas, and from the Indian seas all over the explored regions of the still farther East.

Now, Gentlemen. I do not know what practical views or what practical results may take place from this great expansion of the power of the two branches of Old England. It is not for me to say. I only can see, that on this continent all is to be Anglo-American from Plymouth Rock to the Pacific seas, from the north pole to California. That is certain; and in the Eastern world, I only see that you can hardly place a finger on a map of the world and be an inch from an English settlement.

Gentlemen, if there be any thing in the supremacy of races, the experiment now in progress will develop it. If there be any truth in the idea, that those who issued from the great Caucasian fountain, and spread over Europe, are to react on India and on Asia, and to act on the whole Western world, it may not be for us, nor our children, nor our grandchildren, to see it, but it will be for our descendants of some generation to see the extent of that progress and dominion of the favored races.

For myself, I believe there is no limit fit to be assigned to it by the human mind, because I find at work everywhere, on both sides of the Atlantic, under various forms and degrees of restriction on the one hand, and under various degrees of motive and stimulus on the other hand, in these branches of a common race, the great principle of the freedom of human thought, and the respectability of individual character. I find everywhere an elevation of the character of man as man, an elevation of the individual as a component part of society. I find everywhere a rebuke of the idea, that the many are made for the few, or that government is any thing but an agency for mankind. And I care not beneath what zone, frozen, temperate, or torrid; I care not of what complexion, white or brown; I care not under what circumstances of climate or cultivation,--if I can find a race of men on an inhabitable spot of earth whose general sentiment it is, and whose general feeling it is, that government is made for man,--man, as a religious, moral, and social being,--and not man for government, there I know that I shall find prosperity and happiness.

Gentlemen, I forbear from these remarks. I recur with pleasure to the sentiment which I expressed at the commencement of my observations. I repeat the gratification which I feel at having been referred to on this occasion by a distinguished member of the mercantile profession; and without detaining you further, I beg to offer as a sentiment,--

"The mercantile interest of the United States, always and everywhere friendly to a united and free government."

Mr. Webster sat down amid loud and repeated applause; and immediately after, at the request of the President, rose and said:--#/

Gentlemen, I have the permission of the President to call your attention to the circumstance that a distinguished foreigner is at the table to-night, Mr. Aldham; a gentleman, I am happy to say, of my own hard-working profession, and a member of the English Parliament from the great city of Leeds. A traveller in the United States, in the most unostentatious manner, he has done us the honor, at the request of the Society, to be present to-night. I rise, Gentlemen, to propose his health. He is of that Old England of which I have been speaking; of that Old England with whom we had some fifty years ago rather a serious family quarrel,--terminated in a manner, I believe, not particularly disadvantageous to either of us. He will find in this, his first visit to our country, many things to remind him of his own home, and the pursuits in which he is engaged in that home. If he will go into our courts of law, he will find those who practise there referring to the same books of authority, acknowledging the same principles, discussing the same subjects which he left under discussion in Westminster Hall. If he go into our public assemblies, he will find the same rules of procedure--possibly not always quite as regularly observed--as he left behind him in that house of Parliament of which he is a member. At any rate, he will find us a branch of that great family to which he himself belongs, and I doubt not that, in his sojourn among us, in the acquaintances he may form, the notions he may naturally imbibe, he will go home to his own country somewhat better satisfied with what he has seen and learned on this side of the Atlantic, and somewhat more convinced of the great importance to both countries of preserving the peace that at present subsists between them. I propose to you, Gentlemen, the health of Mr. Aldham.

Mr. Aldham rose and said:--"Mr. President and Gentlemen of the New England Society, I little expected to be called on to take a part in the proceedings of this evening; but I am very happy in being afforded an opportunity of expressing my grateful acknowledgments for the very cordial hospitality which you have extended to me, and the very agreeable intellectual treat with which I have been favored this evening. It was with no little astonishment that I listened to the terms in which I was introduced to you by a gentleman whom I so much honor (Mr. Webster). The kind and friendly terms in which he referred to me were, indeed, quite unmerited by their humble object, and nothing, indeed, could have been more inappropriate. It is impossible for any stranger to witness such a scene as this without the greatest interest. It is the celebration of an event which already stands recorded as one of the most interesting and momentous occurrences which ever took place in the annals of our race. And an Englishman especially cannot but experience the deepest emotion as he regards such a scene. Every thing which he sees, every emblem employed in this celebration, many of the topics introduced, remind him most impressively of that community of ancestry which exists between his own countrymen and that great race which peoples this continent, and which, in enterprise, ingenuity, and commercial activity,--in all the elements indeed of a great and prosperous nation,--is certainly not exceeded, perhaps not equalled, by any other nation on the face of the globe. Gentlemen, I again thank you for the honor you have done me, and conclude by expressing the hope that the event may continue to be celebrated in the manner which its importance and interest merit."

Mr. Aldham sat down amid great applause.

THE CHRISTIAN MINISTRY AND THE RELIGIOUS INSTRUCTION OF THE YOUNG.

A SPEECH DELIVERED IN THE SUPREME COURT AT WASHINGTON, ON THE 20TH OF FEBRUARY, 1844, IN THE GIRARD WILL CASE.

[The heirs at law of the late Stephen Girard, of Philadelphia, instituted a suit in October, 1836, in the Circuit Court of the Eastern District of Pennsylvania, sitting as a court of equity, to try the question of the validity of his will. In April, 1841, the cause came on for hearing in the Circuit Court, and was decided in favor of the will. The case was carried by appeal to the Supreme Court of the United States, at Washington, where it was argued by General Jones and Mr. Webster for the complainants and appellants, and by Messrs. Binney and Sergeant for the validity of the will.

The following speech was made by Mr. Webster in the course of the trial at Washington. A deep impression was produced upon the public mind by those portions of it which enforced the intimate connection of the Christian ministry with the business of instruction, and the necessity of founding education on a religious basis.

This impression resulted in the following correspondence:--

"Washington, February 13, 1844.

"SIR,--Enclosed is a copy of certain proceedings of a meeting held in reference to your argument in the Supreme Court of the case arising out of the late Mr. Girard's will. In communicating to you the request contained in the second resolution, we take leave to express our earnest hope that you may find it convenient to comply with that request.

"We are, Sir, with high consideration, yours, very respectfully,

"P.R. FENDALL, } HORACE STRINGFELLOW,} JOSHUA N. DANFORTH, } R.R. GURLEY, } WILLIAM RUGGLES, } Committee. JOEL S. BACON, } THOMAS SEWALL, } WILLIAM B. EDWARDS, }

"HON. DANIEL WEBSTER."

"At a meeting of a number of citizens, belonging to different religious denominations, of Washington and its vicinity, convened to consider the expediency of procuring the publication of so much of Mr. Webster's argument before the Supreme Court of the United States, in the case of François F. Vidal et al., Appellants, v. The Mayor, Aldermen, and Citizens of Philadelphia, and Stephen Girard's Executors, as relates to that part of Mr. Girard's will which excludes ministers of religion from any station or duty in the college directed by the testator to be founded, and denies to them the right of visiting said college; the object of the meeting having been stated by Professor Sewall in a few appropriate remarks, the Hon. Henry L. Ellsworth was elected chairman, and the Rev. Isaac S. Tinsley secretary.

"Whereupon it was, on motion, unanimously resolved,

"1st. That, in the opinion of this meeting, the powerful and eloquent argument of Mr. Webster, on the before-mentioned clause of Mr. Girard's will, demonstrates the vital importance of Christianity to the success of our free institutions, and its necessity as the basis of all useful moral education; and that the general diffusion of that argument among the people of the United States is a matter of deep public interest.

"2d. That a committee of eight persons, of the several Christian denominations represented in this meeting, be appointed to wait on Mr. Webster, and, in the name and on behalf of this meeting, to request him to prepare for the press the portion referred to of his argument in the Girard case; and, should he consent to do so, to cause it to be speedily published and extensively disseminated.

"The following gentlemen were appointed the committee under the second resolution: Philip R. Fendall, Esq., Rev. Horace Stringfellow, Rev. Joshua N. Danforth, Rev. R. Randolph Gurley, Professor William Ruggles, Rev. President J.S. Bacon, Doctor Thomas Sewall, Rev. William B. Edwards.

"The meeting then adjourned.

"H.L. ELLSWORTH, Chairman

"ISAAC S. TINSLEY, Secretary."

"Washington, February 13, 1844.

"GENTLEMEN,--I have the honor to acknowledge the receipt of your communication. Gentlemen connected with the public press have, I believe, reported my speech in the case arising under Mr. Girard's will. I will look over the report of that part of it to which you refer, so far as to see that it is free from material errors, but I have not leisure so to revise it as to give it the form of a careful or regular composition.

"I am, Gentlemen, with very true regard, your obedient servant,

"DANIEL WEBSTER.

"To Messrs. P.R. FENDALL, HORACE STRINGFELLOW, JOSHUA N. DANFORTH, R.R. GURLEY, WILLIAM RUGGLES, JOEL S. BACON, THOMAS SEWALL, WILLIAM B. EDWARDS."]

The following mottoes were prefixed to this speech, in the original pamphlet edition.

"Socrates. If, then, you wish public measures to be right and noble, virtue must be given by you to the citizens.

"Alcibiades. How could any one deny that?

"Socrates. Virtue, therefore, is that which is to be first possessed, both by you and by every other person who would have direction and care, not only for himself and things dear to himself, but for the state and things dear to the state.

"Alcibiades. You speak truly.

"Socrates. To act justly and wisely (both you and the state), YOU MUST ACT ACCORDING TO THE WILL OF GOD.

"Alcibiades. It is so."--Plato.

"Sic igitur hoc a principio persuasum civibus, dominos esse omnium rerum ac moderatores, deos."--Cicero de Legibus.

"We shall never be such fools as to call in an enemy to the substance of any system, to supply its defects, or to perfect its construction."

"If our religious tenets should ever want a further elucidation, we shall not call on atheism to explain them. We shall not light up our temple from that unhallowed fire."

"We know, and it is our pride to know, that man is, by his constitution, a religious animal."--Burke.

MAY IT PLEASE YOUR HONORS:--

It is not necessary for me to narrate, in detail, the numerous provisions of Mr. Girard's will. This has already been repeatedly done by other counsel, and I shall content myself with stating and considering those parts only which are immediately involved in the decision of this cause.

The will is drawn with apparent care and method, and is regularly divided into clauses. The first nineteen clauses contain various devises and legacies to relatives, to other private individuals and to public bodies. By the twentieth clause the whole residue of his estate, real and personal, is devised and bequeathed to the "mayor, aldermen, and citizens of Philadelphia," in trust for the several uses to be after mentioned and declared.

The twenty-first clause contains the devise or bequest to the college, in these words:--

"And so far as regards the residue of my personal estate in trust, as to two millions of dollars, part thereof, to apply and expend so much of that sum as may be necessary in erecting, as soon as practicably may be, in the centre of my square of ground, between High and Chestnut Streets, and Eleventh and Twelfth Streets, in the city of Philadelphia, (which square of ground I hereby devote for the purpose hereinafter stated, and for no other, for ever,) a permanent college, with suitable out-buildings sufficiently spacious for the residence and accommodation of at least three hundred scholars, and the requisite teachers and other persons necessary in such an institution as I direct to be established, and in supplying the said college and out-buildings with decent and suitable furniture, as well as books, and all things needful to carry into effect my general design."

The testator then proceeds to direct that the college shall be constructed of the most durable materials, avoiding needless ornament, and attending chiefly to the strength, convenience, and neatness of the whole; and gives directions, very much in detail, respecting the form of the building, and the size and fashion of the rooms. The whole square, he directs, shall be enclosed with a solid wall, at least fourteen inches thick and ten feet high, capped with marble, and guarded with irons on the top, so as to prevent persons from getting over; and there are to be two places of entrance into the square, with two gates at each, one opening inward and the other outward, those opening inward to be of iron, and those opening outward to be of wood-work, lined with sheet-iron.

The testator then proceeds to give his directions respecting the institution, laying down his plan and objects in several articles. The third article is in these words:--

"3. As many poor white male orphans, between the ages of six and ten years, as the said income shall be adequate to maintain, shall be introduced into the college as soon as possible; and from time to time, as there may be vacancies, or as increased ability from income may warrant, others shall be introduced."

The fifth direction is as follows:--

"5. No orphan should be admitted until the guardians, or directors of the poor, or a proper guardian or other competent authority, shall have given, by indenture, relinquishment, or otherwise, adequate power to the mayor, aldermen, and citizens of Philadelphia, or to directors or others by them appointed, to enforce, in relation to each orphan, every proper restraint, and to prevent relations or others from interfering with or withdrawing such orphan from the institution."

By the sixth article, or direction, preference is to be given, first, to orphans born in Philadelphia; second, to those born in other parts of Pennsylvania; third, to those born in the city of New York; and, lastly, to those born in the city of New Orleans.

By the seventh article, it is declared, that the orphans shall be lodged, fed, and clothed in the college; that they shall be instructed in the various branches of a sound education, comprehending reading, writing, grammar, arithmetic, geography, navigation, surveying, practical mathematics, astronomy, natural, chemical, and experimental philosophy, and the French and Spanish languages, and such other learning and science as the capacities of the scholars may merit or want. The Greek and Latin languages are not forbidden, but are not recommended.

By the ninth article it is declared, that the boys shall remain in the college till they arrive at between fourteen and eighteen years of age, when they shall be bound out by the city government to suitable occupations, such as agriculture, navigation, and the mechanical trades.

The testator proceeds to say, that he necessarily leaves many details to the city government; and then adds, "There are, however, some restrictions which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said college is made, and to be enjoyed."

The second of these restrictions is in the following words:--

"Secondly. I enjoin and require that no ecclesiastic, missionary, or minister, of any sect whatever, shall ever hold or exercise any station or duty whatever in the said college; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college.

"In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but, as there is such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans who are to derive advantage from this bequest free from the excitement which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the college shall take pains to instil into the minds of the scholars the purest principles of morality, so that on their entrance into active life they may, from inclination and habit, evince benevolence towards their fellow-creatures, and a love of truth, sobriety, and industry, adopting at the same time such religious tenets as their matured reason may enable them to prefer."

The testator having, after the date of his will, bought a house in Penn Township, with forty-five acres of land, he made a codicil, by which he directed the college to be built on this estate, instead of the square mentioned in the will, and the whole establishment to be made thereon, just as if he had in his will devoted the estate to that purpose. The city government has accordingly been advised that the whole forty-five acres must be enclosed with the same high wall as was provided in the will for the square in the city.

I have now stated, I believe, all the provisions of the will which are material to the discussion of that part of the case which respects the character of the institution.

The first question is, whether this devise can be sustained, otherwise than as a charity, and by that special aid and assistance by which courts of equity support gifts to charitable uses.

If the devise be a good limitation at law, if it require no exercise of the favor which is bestowed on privileged testaments, then there is already an end to the question. But I take it that this point is conceded. The devise is void, according to the general rules of law, on account of the uncertainty in the description of those who are intended to receive its benefits.

"Poor white male orphan children" is so loose a description, that no one can bring himself within the terms of the bequest, so as to say that it was made in his favor. No individual can acquire any right or interest; nobody, therefore, can come forward as a party, in a court of law, to claim participation in the gift. The bequest must stand, if it stand at all, on the peculiar rules which equitable jurisprudence applies to charities. This is clear.

I proceed, therefore, to submit, and most conscientiously to argue, a question, certainly one of the highest which this court has ever been called upon to consider, and one of the highest, and most important, in my opinion, ever likely to come before it. That question is, whether, in the eye of equitable jurisprudence, this devise be a charity at all. I deny that it is so. I maintain, that neither by judicial decisions nor by correct reasoning on general principles can this devise or bequest be regarded as a charity. This part of the argument is not affected by the particular judicial system of Pennsylvania, or the question of the power of her courts to uphold and administer charitable gifts. The question which I now propose respects the inherent, essential, and manifest character of the devise itself. In this respect, I wish to express myself clearly, and to be correctly and distinctly understood. What I have said I shall stand by, and endeavor to maintain; namely, that in the view of a court of equity this devise is no charity at all. It is no charity, because the plan of education proposed by Mr. Girard is derogatory to the Christian religion; tends to weaken men's reverence for that religion, and their conviction of its authority and importance; and therefore, in its general character, tends to mischievous, and not to useful ends.

The proposed school is to be founded on plain and clear principles, and for plain and clear objects, of infidelity. This cannot well be doubted; and a gift, or devise, for such objects, is not a charity, and as such entitled to the well-known favor with which charities are received and upheld by the courts of Christian countries.

In the next place, the object of this bequest is against the public policy of the State of Pennsylvania, in which State Christianity is declared to be the law of the land. For that reason, therefore, as well as the other, the devise ought not to be allowed to take effect.

These are the two propositions which it is my purpose to maintain, on this part of the case.

This scheme of instruction begins by attempting to attach reproach and odium to the whole clergy of the country. It places a brand, a stigma, on every individual member of the profession, without an exception. No minister of the Gospel, of any denomination, is to be allowed to come within the grounds belonging to this school, on any occasion, or for any purpose whatever. They are all rigorously excluded, as if their mere presence might cause pestilence. We have heard it said that Mr. Girard, by this will, distributed his charity without distinction of sect or party. However that may be, Sir, he certainly has dealt out opprobrium to the whole profession of the clergy, without regard to sect or party.

By this will, no minister of the Gospel of any sect or denomination whatever can be authorized or allowed to hold any office within the college; and not only that, but no minister or clergyman of any sect can, for any purpose whatever, enter within the walls that are to surround this college. If a clergyman has a sick nephew, or a sick grandson, he cannot, upon any pretext, be allowed to visit him within the walls of the college. The provision of the will is express and decisive. Still less may a clergyman enter to offer consolation to the sick, or to unite in prayer with the dying.

Now, I will not arraign Mr. Girard or his motives for this. I will not inquire into Mr. Girard's opinions upon religion. But I feel bound to say, the occasion demands that I should say, that this is the most opprobrious, the most insulting and unmerited stigma, that ever was cast, or attempted to be cast, upon the preachers of Christianity, from north to south, from east to west, through the length and breadth of the land, in the history of the country. When have they deserved it? Where have they deserved it? How have they deserved it? They are not to be allowed even the ordinary rights of hospitality; not even to be permitted to put their foot over the threshold of this college!

Sir, I take it upon myself to say, that in no country in the world, upon either continent, can there be found a body of ministers of the Gospel who perform so much service to man, in such a full spirit of self-denial, under so little encouragement from government of any kind, and under circumstances almost always much straitened and often distressed, as the ministers of the Gospel in the United States, of all denominations. They form no part of any established order of religion; they constitute no hierarchy; they enjoy no peculiar privileges. In some of the States they are even shut out from all participation in the political rights and privileges enjoyed by their fellow-citizens. They enjoy no tithes, no public provision of any kind. Except here and there, in large cities, where a wealthy individual occasionally makes a donation for the support of public worship, what have they to depend upon? They have to depend entirely on the voluntary contributions of those who hear them.

And this body of clergymen has shown, to the honor of their own country and to the astonishment of the hierarchies of the Old World, that it is practicable in free governments to raise and sustain by voluntary contributions alone a body of clergymen, which, for devotedness to their sacred calling, for purity of life and character, for learning, intelligence, piety, and that wisdom which cometh from above, is inferior to none, and superior to most others.

I hope that our learned men have done something for the honor of our literature abroad. I hope that the courts of justice and members of the bar of this country have done something to elevate the character of the profession of the law. I hope that the discussions above (in Congress) have done something to meliorate the condition of the human race, to secure and extend the great charter of human rights, and to strengthen and advance the great principles of human liberty. But I contend that no literary efforts, no adjudications, no constitutional discussions, nothing that has been done or said in favor of the great interests of universal man, has done this country more credit, at home and abroad, than the establishment of our body of clergymen, their support by voluntary contributions, and the general excellence of their character for piety and learning.

The great truth has thus been proclaimed and proved, a truth which I believe will in time to come shake all the hierarchies of Europe, that the voluntary support of such a ministry, under free institutions, is a practicable idea.

And yet every one of these, the Christian ministers of the United States, is by this devise denied the privileges which are at the same time open to the vilest of our race; every one is shut out from this, I had almost said sanctum, but I will not profane that word by such a use of it.

Did a man ever live that had a respect for the Christian religion, and yet had no regard for any one of its ministers? Did that system of instruction ever exist, which denounced the whole body of Christian teachers, and yet called itself a system of Christianity?

The learned counsel on the other side see the weak points of this case. They are not blind. They have, with the aid of their great learning, industry, and research, gone back to the time of Constantine, they have searched the history of the Roman emperors, the Dark Ages, and the intervening period, down to the settlement of these colonies; they have explored every nook and corner of religious and Christian history, to find out the various meanings and uses of Christian charity; and yet, with all their skill and all their research, they have not been able to discover any thing which has ever been regarded as a Christian charity, that sets such an opprobrium upon the forehead of all its ministers. If, with all their endeavors, they can find any one thing which has been so regarded, they may have their college, and make the most of it. But the thing does not exist; it never had a being; history does not record it, common sense revolts at it. It certainly is not necessary for me to make an ecclesiastical argument in favor of this proposition. The thing is so plain, that it must instantly commend itself to your honors.

It has been said that Mr. Girard was charitable. I am not now going to controvert this. I hope he was. I hope he has found his reward. It has also been asked, "Cannot Mr. Girard be allowed to have his own will, to devise his property according to his own desire?" Certainly he can, in any legal devise, and the law will sustain him therein. But it is not for him to overturn the law of the land. The law cannot be altered to please Mr. Girard. He found that out, I believe, in two or three instances in his lifetime. Nor can the law be altered on account of the magnitude and munificence of the bounty. What is the value of that bounty, however great or munificent, which touches the very foundations of human society, which touches the very foundations of Christian charity, which touches the very foundations of public law, and the Constitution, and the whole welfare of the state?

And now, let me ask, What is, in contemplation of law, "a charity"? The word has various significations. In the larger and broader sense, it means the kindly exercise of the social affections, all the good feelings which man entertains towards man. Charity is love. This is that charity of which St. Paul speaks, that charity which covereth the sins of men, "that suffereth all things, hopeth all things." In a more popular sense, charity is alms-giving or active benevolence.

But the question for your honors to decide here is, What is a charity, or a charitable use, in contemplation of law? To answer this inquiry, we are generally referred to the objects enumerated in the 43d of Elizabeth. The objects enumerated in that statute, and others analogous to them, are charities in the sense of equitable jurisprudence.

There is no doubt that a school of learning is a charity. It is one of those mentioned in the statutes. Such a school of learning as was contemplated by the statutes of Elizabeth is a charity; and all such have borne that name and character to this day. I mean to confine myself to that description of charity, the statute charity, and to apply it to this case alone.

The devise before us proposes to establish, as its main object, a school of learning, a college. There are provisions, of course, for lodging, clothing, and feeding the pupils, but all this is subsidiary. The great object is the instruction of the young; although it proposes to give the children better food and clothes and lodging, and proposes that the system of education shall be somewhat better than that which is usually provided for the poor and destitute in our public institutions generally.

The main object, then, is to establish a school of learning for children, beginning with them at a very tender age, and retaining them (namely, from six years to eighteen) till they are on the verge of manhood, when they will have expended more than one third part of the average duration of human life. For if the college takes them at six, and keeps them till they are eighteen, a period of twelve years will be passed within its walls; more than a third part of the average of human life. These children, then, are to be taken almost before they learn their alphabet, and be discharged about the time that men enter on the active business of life. At six, many do not know their alphabet. John Wesley did not know a letter till after he was six years old, and his mother then took him on her lap, and taught him his alphabet at a single lesson. There are many parents who think that any attempt to instil the rudiments of education into the mind of a child at an earlier age, is little better than labor thrown away.

The great object, then, which Mr. Girard seemed to have in view, was to take these orphans at this very tender age, and to keep them within his walls until they were entering manhood. And this object I pray your honors steadily to bear in mind.

I never, in the whole course of my life, listened to any thing with more sincere delight, than to the remarks of my learned friend who opened this cause, on the nature and character of true charity. I agree with every word he said on that subject. I almost envy him his power of expressing so happily what his mind conceives so clearly and correctly. He is right when he speaks of it as an emanation from the Christian religion. He is right when he says that it has its origin in the word of God. He is right when he says that it was unknown throughout all the world till the first dawn of Christianity. He is right, pre-eminently right, in all this, as he was pre-eminently happy in his power of clothing his thoughts and feelings in appropriate forms of speech. And I maintain, that, in any institution for the instruction of youth, where the authority of God is disowned, and the duties of Christianity derided and despised, and its ministers shut out from all participation in its proceedings, there can no more be charity, true charity, found to exist, than evil can spring out of the Bible, error out of truth, or hatred and animosity come forth from the bosom of perfect love. No, Sir! No, Sir! If charity denies its birth and parentage, if it turns infidel to the great doctrines of the Christian religion, if it turns unbeliever, it is no longer charity! There is no longer charity, either in a Christian sense or in the sense of jurisprudence; for it separates itself from the fountain of its own creation.

There is nothing in the history of the Christian religion; there is nothing in the history of English law, either before or after the Conquest; there can be found no such thing as a school of instruction in a Christian land, from which the Christian religion has been, of intent and purpose, rigorously and opprobriously excluded, and yet such school regarded as a charitable trust or foundation. This is the first instance on record. I do not say that there may not be charity schools in which religious instruction is not provided. I need not go that length, although I take that to be the rule of the English law. But what I do say, and repeat, is, that a school for the instruction of the young, which sedulously and reproachfully excludes Christian knowledge, is no charity, either on principle or authority, and is not, therefore, entitled to the character of a charity in a court of equity. I have considered this proposition, and am ready to stand by it.

I will not say that there may not be a charity for instruction, in which there is no positive provision for the Christian religion. But I do say, and do insist, that there is no such thing in the history of religion, no such thing in the history of human law, as a charity, a school of instruction for children, from which the Christian religion and Christian teachers are excluded, as unsafe and unworthy intruders. Such a scheme is deprived of that which enters into the very essence of human benevolence, when that benevolence contemplates instruction, that is to say, religious knowledge, connected with human knowledge. It is this which causes it to be regarded as a charity; and by reason of this it is entitled to the special favor of the courts of law. This is the vital question which must be decided by this court. It is vital to the understanding of what the law is, it is vital to the validity of this devise.

If this be true, if there can be no charity in that plan of education which opposes Christianity, then that goes far to decide this case. I take it that this court, in looking at this subject, will see the important bearing of this point upon it. The learned counsel said that the State of Pennsylvania was not an infidel State. It is true that she is not an infidel State. She has a Christian origin, a Christian code of laws, a system of legislation founded on nothing else, in many of its important bearings upon human society, than the belief of the people of Pennsylvania, their firm and sincere belief, in the divine authority and great importance of the truths of the Christian religion. And she should the more carefully seek to preserve them pure.

Now, let us look at the condition and prospects of these tender children, who are to be submitted to this experiment of instruction without Christianity. In the first place, they are orphans, have no parents to guide or instruct them in the way in which they should go, no father, no religious mother, to lead them to the pure fount of Christianity; they are orphans. If they were only poor, there might be somebody bound by ties of human affection to look after their spiritual welfare; to see that they imbibed no erroneous opinions on the subject of religion; that they run into no excessive improprieties of belief as well as conduct. The child would have its father or mother to teach it to lisp the name of its Creator in prayer, or hymn His praise. But in this experimental school of instruction, if the orphans have any friends or connections able to look after their welfare, it shuts them out. It is made the duty of the governors of the institution, on taking the child, so to make out the indentures of apprenticeship as to keep him from any after interference in his welfare on the part of guardians or relatives; to keep them from withdrawing him from the school, or interfering with his instruction whilst he is in the school, in any manner whatever.

The school or college is to be surrounded by high walls; there are to be two gates in these walls, and no more; they are to be of iron within, and iron bound or covered without; thus answering more to the description of a castle than a school-house. The children are to be thus guarded for twelve years in this, I do not mean to say a prison, nor do I mean to say that this is exactly close confinement; but it is much closer confinement than ordinarily is met with, under the rules of any institution at present, and has a resemblance to the monastic institutions of past ages, rather than to any school for instruction at this period, at least in this country.

All this is to be within one great enclosure; all that is done for the bodily or mental welfare of the child is to be done within this great wall. It has been said that the children could attend public worship elsewhere. Where is the proof of this? There is no such provision in the devise; there is nothing said about it in any part of Mr. Girard's will; and I shall show presently that any such thing would be just as adverse to Mr. Girard's whole scheme, as it would be that the doctrines of Christianity should be preached within the walls of the college.

These children, then, are taken before they know the alphabet. They are kept till the period of early manhood, and then sent out into the world to enter upon its business and affairs. By this time the character will have been stamped. For if there is any truth in the Bible, if there is any truth in those oracles which soar above all human authority, or if any thing be established as a general fact, by the experience of mankind, in this first third of human life the character is formed. And what sort of a character is likely to be made by this process, this experimental system of instruction?

I have read the two provisions of Mr. Girard's will in relation to this feature of his school. The first excludes the Christian religion and all its ministers from its walls. The second explains the whole principles upon which he purposes to conduct his school. It was to try an experiment in education, never before known to the Christian world. It had been recommended often enough among those who did not belong to the Christian world. But it was never known to exist, never adopted by anybody even professing a connection with Christianity. And I cannot do better, in order to show the tendency and object of this institution, than to read from a paper by Bishop White, which has been referred to by the other side.

In order to a right understanding of what was Mr. Girard's real intention and original design, we have only to read carefully the words of the clause I have referred to. He enjoins that no ministers of religion, of any sects, shall be allowed to enter his college, on any pretence whatever. Now, it is obvious, that by sects he means Christian sects. Any of the followers of Voltaire or D'Alembert may have admission into this school whenever they please, because they are not usually spoken of as "sects." The doors are to be opened to the opposers and revilers of Christianity, in every form and shape, and shut to its supporters. While the voice of the upholders of Christianity is never to be heard within the walls, the voices of those who impugn Christianity may be raised high and loud, till they shake the marble roof of the building. It is no less derogatory thus to exclude the one, and admit the other, than it would be to make a positive provision and all the necessary arrangements for lectures and lessons and teachers, for all the details of the doctrines of infidelity. It is equally derogatory, it is the same in principle, thus to shut the door to one party, and open the door to the other.

We must reason as to the probable results of such a system according to natural consequences. They say, on the other side, that infidel teachers will not be admitted in this school. How do they know that? What is the inevitable tendency of such an education as is here prescribed? What is likely to occur? The court cannot suppose that the trustees will act in opposition to the directions of the will. If they accept the trust, they must fulfil it, and carry out the details of Mr. Girard's plan.

Now, what is likely to be the effect of this system on the minds of these children, thus left solely to its pernicious influence, with no one to care for their spiritual welfare in this world or the next? They are to be left entirely to the tender mercies of those who will try upon them this experiment of moral philosophy or philosophical morality. Morality without sentiment; benevolence towards man, without a sense of responsibility towards God; the duties of this life performed, without any reference to the life which is to come; this is Mr. Girard's theory of useful education.

Half of these poor children may die before the term of their education expires. Still, those who survive must be brought up imbued fully with the inevitable tendencies of the system.

It has been said that there may be lay preachers among them. Lay preachers! This is ridiculous enough in a country of Christianity and religion. [Here some one handed Mr. Webster a note.] A friend informs me that four of the principal religious sects in this country, the Episcopalians, Presbyterians, Methodists, and Baptists, allow no lay preachers; and these four constitute a large majority of the religious and Christian portion of the people of the United States. And, besides, lay preaching would be just as adverse to Mr. Girard's original object and whole plan as professional preaching, provided it should be Christianity which should be preached.

It is plain, as plain as language can be made, that he did not intend to allow the minds of these children to be troubled about religion of any kind, whilst they were within the college. And why? He himself assigns the reason. Because of the difficulty and trouble, he says, that might arise from the multitude of sects, and creeds, and teachers, and the various clashing doctrines and tenets advanced by the different preachers of Christianity. Therefore his desire as to these orphans is, that their minds should be kept free from all bias of any kind in favor of any description of Christian creed, till they arrived at manhood, and should have left the walls of his school.

Now, are not laymen equally sectarian in their views with clergymen? And would it not be just as easy to prevent sectarian doctrines from being preached by a clergyman, as from being taught by a layman? It is idle, therefore, to speak of lay preaching.

MR. SERGEANT here rose, and said that they on their side had not uttered one word about lay preaching. It was lay teaching they spoke of.

Well, I would just as soon take it that way as the other, teaching as preaching. Is not the teaching of laymen as sectarian as the preaching of clergymen? What is the difference between unlettered laymen and lettered clergymen in this respect? Every one knows that laymen are as violent controversialists as clergymen, and the less informed the more violent. So this, while it is a little more ridiculous, is equally obnoxious. According to my experience, a layman is just as likely to launch out into sectarian views, and to advance clashing doctrines and violent, bigoted prejudices, as a professional preacher, and even more so. Every objection to professional religious instruction applies with still greater force to lay teaching. As in other cases, so in this, the greatest degree of candor is usually found accompanying the greatest degree of knowledge. Nothing is more apt to be positive and dogmatical than ignorance.

But there is no provision in any part of Mr. Girard's will for the introduction of any lay teaching on religious matters whatever. The children are to get their religion when they leave his school, and they are to have nothing to do with religion before they do leave it. They are then to choose their religious opinions, and not before.

MR. BINNEY. "Choose their tenets" is the expression.

Tenets are opinions, I believe. The mass of one's religious tenets makes up one's religion.

Now, it is evident that Mr. Girard meant to found a school of morals, without any reference to, or connection with, religion. But, after all, there is nothing original in this plan of his. It has its origin in a deistical source, but not from the highest school of infidelity. Not from Bolingbroke, or Shaftesbury, or Gibbon; not even from Voltaire or D'Alembert. It is from two persons who were probably known to Mr. Girard in the early part of his life; it is from Mr. Thomas Paine and Mr. Volney. Mr. Thomas Paine, in his "Age of Reason," says: "Let us devise means to establish schools of instruction, that we may banish the ignorance that the ancient régime of kings and priests has spread among the people. Let us propagate morality, unfettered by superstition."

MR. BINNEY. What do you get that from?

The same place that Mr. Girard got this provision of his will from, Paine's "Age of Reason." The same phraseology in effect is here. Paine disguised his real meaning, it is true. He said: "Let us devise means to establish schools to propagate morality, unfettered by superstition." Mr. Girard, who had no disguise about him, uses plain language to express the same meaning. In Mr. Girard's view, religion is just that thing which Mr. Paine calls superstition. "Let us establish schools of morality," said he, "unfettered by religious tenets. Let us give these children a system of pure morals before they adopt any religion." The ancient régime of which Paine spoke as obnoxious was that of kings and priests. That was the popular way he had of making any thing obnoxious that he wished to destroy. Now, if he had merely wished to get rid of the dogmas which he says were established by kings and priests, if he had no desire to abolish the Christian religion itself, he could have thus expressed himself: "Let us rid ourselves of the errors of kings and priests, and plant morality on the plain text of the Christian religion, with the simplest forms of religious worship."

I do not intend to leave this part of the cause, however, without a still more distinct statement of the objections to this scheme of instruction. This is due, I think, to the subject and to the occasion; and I trust I shall not be considered presumptuous, or as trenching upon the duties which properly belong to another profession. But I deem it due to the cause of Christianity to take up the notions of this scheme of Mr. Girard, and show how mistaken is the idea of calling it a charity. In the first place, then, I say, this scheme is derogatory to Christianity, because it rejects Christianity from the education of youth, by rejecting its teachers, by rejecting the ordinary agencies of instilling the Christian religion into the minds of the young. I do not say that, in order to make this a charity, there should be a positive provision for the teaching of Christianity, although, as I have already observed, I take that to be the rule in an English court of equity. But I need not, in this case, claim the whole benefit of that rule. I say it is derogatory, because there is a positive rejection of Christianity; because it rejects the ordinary means and agencies of Christianity. He who rejects the ordinary means of accomplishing an end, means to defeat that end itself, or else he has no meaning. And this is true, although the means originally be means of human appointment, and not attaching to or resting on any higher authority.

For example, if the New Testament had contained a set of principles of morality and religion, without reference to the means by which those principles were to be established, and if in the course of time a system of means had sprung up, become identified with the history of the world, become general, sanctioned by continued use and custom, then he who should reject those means would design to reject, and would reject, that morality and religion themselves.

This would be true in a case where the end rested on divine authority, and human agency devised and used the means. But if the means themselves be of divine authority also, then the rejection of them is a direct rejection of that authority.

Now, I suppose there is nothing in the New Testament more clearly established by the Author of Christianity, than the appointment of a Christian ministry. The world was to be evangelized, was to be brought out of darkness into light, by the influences of the Christian religion, spread and propagated by the instrumentality of man. A Christian ministry was therefore appointed by the Author of the Christian religion himself, and it stands on the same authority as any other part of his religion. When the lost sheep of the house of Israel were to be brought to the knowledge of Christianity, the disciples were commanded to go forth into all the cities, and to preach "that the kingdom of heaven is at hand." It was added, that whosoever would not receive them, nor hear their words, it should be more tolerable for Sodom and Gomorrha than for them. And after his resurrection, in the appointment of the great mission to the whole human race, the Author of Christianity commanded his disciples that they should "go into all the world, and preach the Gospel to every creature." This was one of his last commands; and one of his last promises was the assurance, "Lo, I am with you alway, even to the end of the world!" I say, therefore, there is nothing set forth more authentically in the New Testament than the appointment of a Christian ministry; and he who does not believe this does not and cannot believe the rest.

It is true that Christian ministers, in this age of the world, are selected in different ways and different modes by different sects and denominations. But there are, still, ministers of all sects and denominations. Why should we shut our eyes to the whole history of Christianity? Is it not the preaching of ministers of the Gospel that has evangelized the more civilized part of the world? Why do we at this day enjoy the lights and benefits of Christianity ourselves? Do we not owe it to the instrumentality of the Christian ministry? The ministers of Christianity, departing from Asia Minor, traversing Asia, Africa, and Europe, to Iceland, Greenland, and the poles of the earth, suffering all things, enduring all things, hoping all things, raising men everywhere from the ignorance of idol worship to the knowledge of the true God, and everywhere bringing life and immortality to light through the Gospel, have only been acting in obedience to the Divine instruction; they were commanded to go forth, and they have gone forth, and they still go forth. They have sought, and they still seek, to be able to preach the Gospel to every creature under the whole heaven. And where was Christianity ever received, where were its truths ever poured into the human heart, where did its waters, springing up into everlasting life, ever burst forth, except in the track of a Christian ministry? Did we ever hear of an instance, does history record an instance, of any part of the globe Christianized by lay preachers, or "lay teachers"? And, descending from kingdoms and empires to cities and countries, to parishes and villages, do we not all know, that wherever Christianity has been carried, and wherever it has been taught, by human agency, that agency was the agency of ministers of the Gospel? It is all idle, and a mockery, to pretend that any man has respect for the Christian religion who yet derides, reproaches, and stigmatizes all its ministers and teachers. It is all idle, it is a mockery, and an insult to common sense, to maintain that a school for the instruction of youth, from which Christian instruction by Christian teachers is sedulously and rigorously shut out, is not deistical and infidel both in its purpose and in its tendency. I insist, therefore, that this plan of education is, in this respect, derogatory to Christianity, in opposition to it, and calculated either to subvert or to supersede it.

In the next place, this scheme of education is derogatory to Christianity, because it proceeds upon the presumption that the Christian religion is not the only true foundation, or any necessary foundation, of morals. The ground taken is, that religion is not necessary to morality, that benevolence may be insured by habit, and that all the virtues may nourish, and be safely left to the chance of flourishing, without touching the waters of the living spring of religious responsibility. With him who thinks thus, what can be the value of the Christian revelation? So the Christian world has not thought; for by that Christian world, throughout its broadest extent, it has been, and is, held as a fundamental truth, that religion is the only solid basis of morals, and that moral instruction not resting on this basis is only a building upon sand. And at what age of the Christian era have those who professed to teach the Christian religion, or to believe in its authority and importance, not insisted on the absolute necessity of inculcating its principles and its precepts upon the minds of the young? In what age, by what sect, where, when, by whom, has religious truth been excluded from the education of youth? Nowhere; never. Everywhere, and at all times, it has been, and is, regarded as essential. It is of the essence, the vitality, of useful instruction. From all this Mr. Girard dissents. His plan denies the necessity and the propriety of religious instruction as a part of the education of youth. He dissents, not only from all the sentiments of Christian mankind, from all common conviction, and from the results of all experience, but he dissents also from still higher authority, the word of God itself. My learned friend has referred, with propriety, to one of the commands of the Decalogue; but there is another, a first commandment, and that is a precept of religion, and it is in subordination to this that the moral precepts of the Decalogue are proclaimed. This first great commandment teaches man that there is one, and only one, great First Cause, one, and only one, proper object of human worship. This is the great, the ever fresh, the overflowing fountain of all revealed truth. Without it, human life is a desert, of no known termination on any side, but shut in on all sides by a dark and impenetrable horizon. Without the light of this truth, man knows nothing of his origin, and nothing of his end. And when the Decalogue was delivered to the Jews, with this great announcement and command at its head, what said the inspired lawgiver? that it should be kept from children? that it should be reserved as a communication fit only for mature age? Far, far otherwise. "And these words, which I command thee this day, shall be in thy heart. And thou shalt teach them diligently unto thy children, and shall talk of them when thou sittest in thy house, and when thou walkest by the way, when thou liest down, and when thou risest up."

There is an authority still more imposing and awful. When little children were brought into the presence of the Son of God, his disciples proposed to send them away; but he said, "Suffer little children to come unto me." Unto me; he did not send them first for lessons in morals to the schools of the Pharisees, or to the unbelieving Sadducees, nor to read the precepts and lessons phylacteried on the garments of the Jewish priesthood; he said nothing of different creeds or clashing doctrines; but he opened at once to the youthful mind the everlasting fountain of living waters, the only source of eternal truths: "Suffer little children to come unto me." And that injunction is of perpetual obligation. It addresses itself to-day with the same earnestness and the same authority which attended its first utterance to the Christian world. It is of force everywhere, and at all times. It extends to the ends of the earth, it will reach to the end of time, always and everywhere sounding in the ears of men, with an emphasis which no repetition can weaken, and with an authority which nothing can supersede: "Suffer little children to come unto me."

And not only my heart and my judgment, my belief and my conscience, instruct me that this great precept should be obeyed, but the idea is so sacred, the solemn thoughts connected with it so crowd upon me, it is so utterly at variance with this system of philosophical morality which we have heard advocated, that I stand and speak here in fear of being influenced by my feelings to exceed the proper line of my professional duty. Go thy way at this time, is the language of philosophical morality, and I will send for thee at a more convenient season. This is the language of Mr. Girard in his will. In this there is neither religion nor reason.

The earliest and the most urgent intellectual want of human nature is the knowledge of its origin, its duty, and its destiny. "Whence am I, what am I, and what is before me?" This is the cry of the human soul, so soon as it raises its contemplation above visible, material things.

When an intellectual being finds himself on this earth, as soon as the faculties of reason operate, one of the first inquiries of his mind is, "Shall I be here always?" "Shall I live here for ever?" And reasoning from what he sees daily occurring to others, he learns to a certainty that his state of being must one day be changed. I do not mean to deny, that it may be true that he is created with this consciousness; but whether it be consciousness, or the result of his reasoning faculties, man soon learns that he must die. And of all sentient beings, he alone, so far as we can judge, attains to this knowledge. His Maker has made him capable of learning this. Before he knows his origin and destiny, he knows that he is to die. Then comes that most urgent and solemn demand for light that ever proceeded, or can proceed, from the profound and anxious broodings of the human soul. It is stated, with wonderful force and beauty, in that incomparable composition, the book of Job: "For there is hope of a tree, if it be cut down, that it will sprout again, and that the tender branch thereof will not cease; that, through the scent of water, it will bud, and bring forth boughs like a plant. But if a man die, shall he live again?" And that question nothing but God, and the religion of God, can solve. Religion does solve it, and teaches every man that he is to live again, and that the duties of this life have reference to the life which is to come. And hence, since the introduction of Christianity, it has been the duty, as it has been the effort, of the great and the good, to sanctify human knowledge, to bring it to the fount, and to baptize learning into Christianity; to gather up all its productions, its earliest and its latest, its blossoms and its fruits, and lay them all upon the altar of religion and virtue.

Another important point involved in this question is, What becomes of the Christian Sabbath, in a school thus established? I do not mean to say that this stands exactly on the same authority as the Christian religion, but I mean to say that the observance of the Sabbath is a part of Christianity in all its forms. All Christians admit the observance of the Sabbath. All admit that there is a Lord's day, although there may be a difference in the belief as to which is the right day to be observed. Now, I say that in this institution, under Mr. Girard's scheme, the ordinary observance of the Sabbath could not take place, because the ordinary means of observing it are excluded. I know that I shall be told here, also, that lay teachers would come in again; and I say again, in reply, that, where the ordinary means of attaining an end are excluded, the intention is to exclude the end itself. There can be no Sabbath in this college, there can be no religious observance of the Lord's day; for there are no means for attaining that end. It will be said, that the children would be permitted to go out. There is nothing seen of this permission in Mr. Girard's will. And I say again, that it would be just as much opposed to Mr. Girard's whole scheme to allow these children to go out and attend places of public worship on the Sabbath day, as it would be to have ministers of religion to preach to them within the walls; because, if they go out to hear preaching, they will hear just as much about religious controversies, and clashing doctrines, and more, than if appointed preachers officiated in the college. His object, as he states, was to keep their minds free from all religious doctrines and sects, and he would just as much defeat his ends by sending them out as by having religious instruction within. Where, then, are these little children to go? Where can they go to learn the truth, to reverence the Sabbath? They are far from their friends, they have no one to accompany them to any place of worship, no one to show them the right from the wrong course; their minds must be kept clear from all bias on the subject, and they are just as far from the ordinary observance of the Sabbath as if there were no Sabbath day at all. And where there is no observance of the Christian Sabbath there will of course be no public worship of God.

In connection with this subject I will observe, that there has been recently held a large convention of clergymen and laymen in Columbus, Ohio, to lead the minds of the Christian public to the importance of a more particular observance of the Christian Sabbath; and I will read, as part of my argument, an extract from their address, which bears with peculiar force upon this case.

"It is alike obvious that the Sabbath exerts its salutary power by making the population acquainted with the being, perfections, and laws of God; with our relations to him as his creatures, and our obligations to him as rational, accountable subjects, and with our character as sinners, for whom his mercy has provided a Saviour; under whose government we live to be restrained from sin and reconciled to God, and fitted by his word and spirit for the inheritance above."

"It is by the reiterated instruction and impression which the Sabbath imparts to the population of a nation, by the moral principle which it forms, by the conscience which it maintains, by the habits of method, cleanliness, and industry it creates, by the rest and renovated vigor it bestows on exhausted human nature, by the lengthened life and higher health it affords, by the holiness it inspires, and cheering hopes of heaven, and the protection and favor of God, which its observance insures, that the Sabbath is rendered the moral conservator of nations.

"The omnipresent influence the Sabbath exerts, however, by no secret charm or compendious action, upon masses of unthinking minds; but by arresting the stream of worldly thoughts, interests, and affections, stopping the din of business, unlading the mind of its cares and responsibilities, and the body of its burdens, while God speaks to men, and they attend, and hear, and fear, and learn to do his will.

"You might as well put out the sun, and think to enlighten the world with tapers, destroy the attraction of gravity, and think to wield the universe by human powers, as to extinguish the moral illumination of the Sabbath, and break this glorious main-spring of the moral government of God."

And I would ask, Would any Christian man consider it desirable for his orphan children, after his death, to find refuge within this asylum, under all the circumstances and influences which will necessarily surround its inmates? Are there, or will there be, any Christian parents who would desire that their children should be placed in this school, to be for twelve years exposed to the pernicious influences which must be brought to bear on their minds? I very much doubt if there is any Christian father who hears me this day, and I am quite sure that there is no Christian mother, who, if called upon to lie down on the bed of death, although sure to leave her children as poor as children can be left, who would not rather trust them, nevertheless, to the Christian charity of the world, however uncertain it has been said to be, than place them where their physical wants and comforts would be abundantly attended to, but away from the solaces and consolations, the hopes and the grace, of the Christian religion. She would rather trust them to the mercy and kindness of that spirit, which, when it has nothing else left, gives a cup of cold water in the name of a disciple; to that spirit which has its origin in the fountain of all good, and of which we have on record an example the most beautiful, the most touching, the most intensely affecting, that the world's history contains, I mean the offering of the poor widow, who threw her two mites into the treasury. "And he looked up, and saw the rich men casting their gifts into the treasury; and he saw also a certain poor widow casting in thither two mites. And he said, Of a truth I say unto you, that this poor widow hath cast in more than they all; for all these have, of their abundance, cast in unto the offerings of God: but she of her penury hath cast in all the living that she had." What more tender, more solemnly affecting, more profoundly pathetic, than this charity, this offering to God, of a farthing! We know nothing of her name, her family, or her tribe. We only know that she was a poor woman, and a widow, of whom there is nothing left upon record but this sublimely simple story, that, when the rich came to cast their proud offerings into the treasury, this poor woman came also, and cast in her two mites, which made a farthing! And that example, thus made the subject of divine commendation, has been read, and told, and gone abroad everywhere, and sunk deep into a hundred millions of hearts, since the commencement of the Christian era, and has done more good than could be accomplished by a thousand marble palaces, because it was charity mingled with true benevolence, given in the fear, the love, the service, and honor of God; because it was charity, that had its origin in religious feeling; because it was a gift to the honor of God!

Cases have come before the courts, of bequests, in last wills, made or given to God, without any more specific direction; and these bequests have been regarded as creating charitable uses. But can that be truly called a charity which flies in the face of all the laws of God and all the usages of Christian man? I arraign no man for mixing up a love of distinction and notoriety with his charities. I blame not Mr. Girard because he desired to raise a splendid marble palace in the neighborhood of a beautiful city, that should endure for ages, and transmit his name and fame to posterity. But his school of learning is not to be valued, because it has not the chastening influences of true religion; because it has no fragrance of the spirit of Christianity. It is not a charity, for it has not that which gives to a charity for education its chief value. It will, therefore, soothe the heart of no Christian parent, dying in poverty and distress, that those who owe to him their being may be led, and fed, and clothed by Mr. Girard's bounty, at the expense of being excluded from all the means of religious instruction afforded to other children, and shut up through the most interesting period of their lives in a seminary without religion, and with moral sentiments as cold as its own marble walls.

I now come to the consideration of the second part of this clause in the will, that is to say, the reasons assigned by Mr. Girard for making these restrictions with regard to the ministers of religion; and I say that these are much more derogatory to Christianity than the main provision itself, excluding them. He says that there are such a multitude of sects and such diversity of opinion, that he will exclude all religion and all its ministers, in order to keep the minds of the children free from clashing controversies. Now, does not this tend to subvert all belief in the utility of teaching the Christian religion to youth at all? Certainly, it is a broad and bold denial of such utility. To say that the evil resulting to youth from the differences of sects and creeds overbalances all the benefits which the best education can give them, what is this but to say that the branches of the tree of religious knowledge are so twisted, and twined, and commingled, and all run so much into and over each other, that there is therefore no remedy but to lay the axe at the root of the tree itself? It means that, and nothing less! Now, if there be any thing more derogatory to the Christian religion than this, I should like to know what it is. In all this we see the attack upon religion itself, made on its ministers, its institutions, and its diversities. And that is the objection urged by all the lower and more vulgar schools of infidelity throughout the world. In all these schools, called schools of Rationalism in Germany, Socialism in England, and by various other names in various countries which they infest, this is the universal cant. The first step of all these philosophical moralists and regenerators of the human race is to attack the agency through which religion and Christianity are administered to man. But in this there is nothing new or original. We find the same mode of attack and remark in Paine's "Age of Reason." At page 336 he says: "The Bramin, the follower of Zoroaster, the Jew, the Mahometan, the Church of Rome, the Greek Church, the Protestant Church, split into several hundred contradictory sectaries, preaching, in some instances, damnation against each other, all cry out, 'Our holy religion!'"

We find the same view in Volney's "Ruins of Empires." Mr. Volney arrays in a sort of semicircle the different and conflicting religions of the world. "And first," says he, "surrounded by a group in various fantastic dresses, that confused mixture of violet, red, white, black, and speckled garments, with heads shaved, with tonsures, or with short hairs, with red hats, square bonnets, pointed mitres, or long beards, is the standard of the Roman Pontiff. On his right you see the Greek Pontiff, and on the left are the standards of two recent chiefs (Luther and Calvin), who, shaking off a yoke that had become tyrannical, had raised altar against altar in their reform, and wrested half of Europe from the Pope. Behind these are the subaltern sects, subdivided from the principal divisions. The Nestorians, Eutychians, Jacobites, Iconoclasts, Anabaptists, Presbyterians, Wickliffites, Osiandrians, Manicheans, Pietists, Adamites, the Contemplatives, the Quakers, the Weepers, and a hundred others, all of distinct parties, persecuting when strong, tolerant when weak, hating each other in the name of the God of peace, forming such an exclusive heaven in a religion of universal charity, damning each other to pains without end in a future state, and realizing in this world the imaginary hell of the other."

Can it be doubted for an instant that sentiments like these are derogatory to the Christian religion? And yet on grounds and reasons exactly these, not like these, but EXACTLY these, Mr. Girard founds his excuse for excluding Christianity and its ministers from his school. He is a tame copyist, and has only raised marble walls to perpetuate and disseminate the principles of Paine and of Volney. It has been said that Mr. Girard was in a difficulty; that he was the judge and disposer of his own property. We have nothing to do with his difficulties. It has been said that he must have done as he did do, because there could be no agreement otherwise. Agreement? among whom? about what? He was at liberty to do what he pleased with his own. He had to consult no one as to what he should do in the matter. And if he had wished to establish such a charity as might obtain the especial favor of the courts of law, he had only to frame it on principles not hostile to the religion of the country.

But the learned gentleman went even further than this, and to an extent that I regretted; he said that there was as much dispute about the Bible as about any thing else in the world. No, thank God, that is not the case!

MR. BINNEY. The disputes about the meaning of words and passages; you will admit that?

Well, there is a dispute about the translation of certain words; but if this be true, there is just as much dispute about it out of Mr. Girard's institution as there would be in it. And if this plan is to be advocated and sustained, why does not every man keep his children from attending all places of public worship until they are over eighteen years of age? He says that a prudent parent keeps his child from the influence of sectarian doctrines, by which I suppose him to mean those tenets that are opposed to his own. Well, I do not know but what that plan is as likely to make bigots as it is to make any thing else. I grant that the mind of youth should be kept pliant, and free from all undue and erroneous influences; that it should have as much play as is consistent with prudence; but put it where it can obtain the elementary principles of religious truth; at any rate, those broad and general precepts and principles which are admitted by all Christians. But here in this scheme of Mr. Girard, all sects and all creeds are denounced. And would not a prudent father rather send his child where he could get instruction under any form of the Christian religion, than where he could get none at all? There are many instances of institutions, professing one leading creed, educating youths of different sects. The Baptist college in Rhode Island receives and educates youths of all religious sects and all beliefs. The colleges all over New England differ in certain minor points of belief, and yet that is held to be no ground for excluding youth with other forms of belief, and other religious views and sentiments.

But this objection to the multitude and differences of sects is but the old story, the old infidel argument. It is notorious that there are certain great religious truths which are admitted and believed by all Christians. All believe in the existence of a God. All believe in the immortality of the soul. All believe in the responsibility, in another world, for our conduct in this. All believe in the divine authority of the New Testament. Dr. Paley says that a single word from the New Testament shuts up the mouth of human questioning, and excludes all human reasoning. And cannot all these great truths be taught to children without their minds being perplexed with clashing doctrines and sectarian controversies? Most certainly they can.

And, to compare secular with religious matters, what would become of the organization of society, what would become of man as a social being, in connection with the social system, if we applied this mode of reasoning to him in his social relations? We have a constitutional government, about the powers, and limitations, and uses of which there is a vast amount of differences of belief. Your honors have a body of laws, now before you, in relation to which differences of opinion, almost innumerable, are daily spread before the courts; in all these we see clashing doctrines and opinions advanced daily, to as great an extent as in the religious world.

Apply the reasoning advanced by Mr. Girard to human institutions, and you will tear them all up by the root; as you would inevitably tear all divine institutions up by the root, if such reasoning is to prevail. At the meeting of the first Congress there was a doubt in the minds of many of the propriety of opening the session with prayer; and the reason assigned was, as here, the great diversity of opinion and religious belief. At length Mr. Samuel Adams, with his gray hairs hanging about his shoulders, and with an impressive venerableness now seldom to be met with, (I suppose owing to the difference of habits,) rose in that assembly, and, with the air of a perfect Puritan, said that it did not become men, professing to be Christian men, who had come together for solemn deliberation in the hour of their extremity, to say that there was so wide a difference in their religious belief, that they could not, as one man, bow the knee in prayer to the Almighty, whose advice and assistance they hoped to obtain. Independent as he was, and an enemy to all prelacy as he was known to be, he moved that the Rev. Mr. Duché, of the Episcopal Church, should address the Throne of Grace in prayer. And John Adams, in a letter to his wife, says that he never saw a more moving spectacle. Mr. Duché read the Episcopal service of the Church of England, and then, as if moved by the occasion, he broke out into extemporaneous prayer. And those men, who were then about to resort to force to obtain their rights, were moved to tears; and floods of tears, Mr. Adams says, ran down the cheeks of the pacific Quakers who formed part of that most interesting assembly. Depend upon it, where there is a spirit of Christianity, there is a spirit which rises above forms, above ceremonies, independent of sect or creed, and the controversies of clashing doctrines.

The consolations of religion can never be administered to any of these sick and dying children in this college. It is said, indeed, that a poor, dying child can be carried out beyond the walls of the school. He can be carried out to a hostelry, or hovel, and there receive those rites of the Christian religion which cannot be performed within those walls, even in his dying hour! Is not all this shocking? What a stricture is it upon this whole scheme! What an utter condemnation! A dying youth cannot receive religious solace within this seminary of learning!

But, it is asked, what could Mr. Girard have done? He could have done, as has been done in Lombardy by the Emperor of Austria, as my learned friend has informed us, where, on a large scale, the principle is established of teaching the elementary principles of the Christian religion, of enforcing human duties by divine obligations, and carefully abstaining in all cases from interfering with sects or the inculcation of sectarian doctrines. How have they done in the schools of New England? There, as far as I am acquainted with them, the great elements of Christian truth are taught in every school. The Scriptures are read, their authority taught and enforced, their evidences explained, and prayers usually offered.

The truth is, that those who really value Christianity, and believe in its importance, not only to the spiritual welfare of man, but to the safety and prosperity of human society, rejoice that in its revelations and its teachings there is so much which mounts above controversy, and stands on universal acknowledgment. While many things about it are disputed or are dark, they still plainly see its foundation, and its main pillars; and they behold in it a sacred structure, rising up to the heavens. They wish its general principles, and all its great truths, to be spread over the whole earth. But those who do not value Christianity, nor believe in its importance to society or individuals, cavil about sects and schisms, and ring monotonous changes upon the shallow and so often refuted objections founded on alleged variety of discordant creeds and clashing doctrines. I shall close this part of my argument by reading extracts from an English writer, one of the most profound thinkers of the age, a friend of reformation in the government and laws, John Foster, the friend and associate of Robert Hall. Looking forward to the abolition of the present dynasties of the Old World, and desirous to see how the order and welfare of society is to be preserved in the absence of present conservative principles, he says:--

"Undoubtedly the zealous friends of popular education account knowledge valuable absolutely, as being the apprehension of things as they are; a prevention of delusions; and so far a fitness for right volitions. But they consider religion (besides being itself the primary and infinitely the most important part of knowledge) as a principle indispensable for securing the full benefit of all the rest. It is desired, and endeavored, that the understandings of these opening minds may be taken possession of by just and solemn ideas of their relation to the Eternal Almighty Being; that they may be taught to apprehend it as an awful reality, that they are perpetually under his inspection; and, as a certainty, that they must at length appear before him in judgment, and find in another life the consequences of what they are in spirit and conduct here. It is to be impressed on them, that his will is the supreme law, that his declarations are the most momentous truth known on earth, and his favor and condemnation the greatest good and evil. Under an ascendency of this divine wisdom it is, that their discipline in any other knowledge is designed to be conducted; so that nothing in the mode of their instruction may have a tendency contrary to it, and every thing be taught in a manner recognizing the relation with it, as far as shall consist with a natural, unforced way of keeping the relation in view. Thus it is sought to be secured, that, as the pupil's mind grows stronger, and multiplies its resources, and he therefore has necessarily more power and means for what is wrong, there may be luminously presented to him, as if celestial eyes visibly beamed upon him, the most solemn ideas that can enforce what is right."

"Such is the discipline meditated for preparing the subordinate classes to pursue their individual welfare, and act their part as members of the community...."

"All this is to be taught, in many instances directly, in others by reference for confirmation, from the Holy Scriptures, from which authority will also be impressed, all the while, the principles of religion. And religion, while its grand concern is with the state of the soul towards God and eternal interests, yet takes every principle and rule of morals under its peremptory sanction; making the primary obligation and responsibility be towards God, of every thing that is a duty with respect to men. So that, with the subjects of this education, the sense of propriety shall be conscience; the consideration of how they ought to be regulated in their conduct as a part of the community shall be the recollection that their Master in heaven dictates the laws of that conduct, and will judicially hold them amenable for every part of it."

"And is not a discipline thus addressed to the purpose of fixing religious principles in ascendency, as far as that difficult object is within the power of discipline, and of infusing a salutary tincture of them into whatever else is taught, the right way to bring up citizens faithful to all that deserves fidelity in the social compact?...

"Lay hold on the myriads of juvenile spirits before they have time to grow up through ignorance, into a reckless hostility to social order; train them to sense and good morals; inculcate the principles of religion, simply and solemnly, as religion, as a thing directly of divine dictation, and not as if its authority were chiefly in virtue of human institutions; let the higher orders, generally, make it evident to the multitude that they are desirous to raise them in value, and promote their happiness; and then, whatever the demands of the people as a body, thus improving in understanding and sense of justice, shall come to be, and whatever modification their preponderance may ultimately enforce on the great social arrangements, it will be infallibly certain that there never can be a love of disorder, an insolent anarchy, a prevailing spirit of revenge and devastation. Such a conduct of the ascendent ranks would, in this nation at least, secure that, as long as the world lasts, there never would be any formidable commotion, or violent sudden changes. All those modifications of the national economy to which an improving people would aspire, and would deserve to obtain, would be gradually accomplished, in a manner by which no party would be wronged, and all would be the happier."[1]

I not only read this for the excellence of its sentiments and their application to the subject, but because they are the results of the profound meditations of a man who is dealing with popular ignorance. Desirous of, and expecting, a great change in the social system of the Old World, he is anxious to discover that conservative principle by which society can be kept together when crowns and mitres shall have no more influence. And he says that the only conservative principle must be, and is, RELIGION! the authority of God! his revealed will! and the influence of the teaching of the ministers of Christianity!

Mr. Webster here stated that he would, on Monday, bring forward certain references and legal points bearing on this view of the case.

The court then adjourned.

SECOND DAY.

The seven judges all took their seats at eleven o'clock, and the court was opened.

Mr. Binney observed to the court, that he had omitted to notice, in his argument, that, in regard to the statutes of Uniformity and Toleration in England, whilst the Jewish Talmuds for the propagation of Judaism alone were not sustained by those statutes, yet the Jewish Talmuds for the maintenance of the poor were sustained thereby. And the decisions show that, where a gift had for its object the maintenance and education of poor Jewish children, the statutes sustained the devise. In proof of this he quoted 1 Ambler, by Blunt, p. 228, case of De Costa, &c. Also, the case of Jacobs v. Gomperte, in the notes. Also, in the notes, 2 Swanston, p. 487, same case of De Costa, &c. Also, 7 Vesey, p. 423, case of Mo Catto v. Lucardo. Also, Sheppard, p. 107, and Boyle, p. 43.

Another case was that of a bequest given to an object abroad, and in the decision the Master of the Rolls considered that religious instruction was not a necessary part of education. See, also, the case of The Attorney-General v. The Dean and Canons of Christ Church, Jacobs, p. 485.

Mr. Binney then quoted from Noah Webster the definition of the word "tenets," to show that Mr. Webster did not give the right definition when he said that "tenets" meant "religion."

Mr. Webster then rose and said:--#/

The arguments of my learned friend, may it please your honors, in relation to the Jewish laws as tolerated by the statutes, go to maintain my very proposition; that is, that no school for the instruction of youth in any system which is in any way derogatory to the Christian religion, or for the teaching of doctrines that are in any way contrary to the Christian religion, is, or ever was, regarded as a charity by the courts. It is true that the statutes of Toleration regarded a devise for the maintenance of poor Jewish children, to give them food and raiment and lodging, as a charity. But a devise for the teaching of the Jewish religion to poor children, that should come into the Court of Chancery, would not be regarded as a charity, or entitled to any peculiar privileges from the court.

When I stated to your honors, in the course of my argument on Saturday, that all denominations of Christians had some mode or provision for the appointment of teachers of Christianity amongst them, I meant to have said something about the Quakers. Although we know that the teachers among them come into their office in a somewhat peculiar manner, yet there are preachers and teachers of Christianity provided in that peculiar body, notwithstanding its objection to the mode of appointing teachers and preachers by other Christian sects. The place or character of a Quaker preacher is an office and appointment as well known as that of a preacher among any other denomination of Christians.

I have heretofore argued to show that the Christian religion, its general principles, must ever be regarded among us as the foundation of civil society; and I have thus far confined my remarks to the tendency and effect of the scheme of Mr. Girard (if carried out) upon the Christian religion. But I will go farther, and say that this school, this scheme or system, in its tendencies and effects, is opposed to all religions, of every kind. I will not now enter into a controversy with my learned friend about the word "tenets," whether it signify opinions or dogmas, or whatever you please. Religious tenets, I take it, and I suppose it will be generally conceded, mean religious opinions; and if a youth has arrived at the age of eighteen, and has no religious tenets, it is very plain that he has no religion. I do not care whether you call them dogmas, tenets, or opinions. If the youth does not entertain dogmas, tenets, or opinions, or opinions, tenets, or dogmas, on religious subjects, then he has no religion at all. And this strikes at a broader principle than when you merely look at this school in its effect upon Christianity alone. We will suppose the case of a youth of eighteen, who has just left this school, and has gone through an education of philosophical morality, precisely in accordance with the views and expressed wishes of the donor. He comes then into the world to choose his religious tenets. The very next day, perhaps, after leaving school, he comes into a court of law to give testimony as a witness. Sir, I protest that by such a system he would be disfranchised. He is asked, "What is your religion?" His reply is, "O, I have not yet chosen any; I am going to look round, and see which suits me best." He is asked, "Are you a Christian?" He replies, "That involves religious tenets, and as yet I have not been allowed to entertain any." Again, "Do you believe in a future state of rewards and punishments?" And he answers, "That involves sectarian controversies, which have carefully been kept from me." "Do you believe in the existence of a God?" He answers, that there are clashing doctrines involved in these things, which he has been taught to have nothing to do with; that the belief in the existence of a God, being one of the first questions in religion, he is shortly about to think of that proposition. Why, Sir, it is vain to talk about the destructive tendency of such a system; to argue upon it is to insult the understanding of every man; it is mere, sheer, low, ribald, vulgar deism and infidelity![2] It opposes all that is in heaven, and all on earth that is worth being on earth. It destroys the connecting link between the creature and the Creator; it opposes that great system of universal benevolence and goodness that binds man to his Maker. No religion till he is eighteen! What would be the condition of all our families, of all our children, if religious fathers and religious mothers were to teach their sons and daughters no religious tenets till they were eighteen? What would become of their morals, their character, their purity of heart and life, their hope for time and eternity? What would become of all those thousand ties of sweetness, benevolence, love, and Christian feeling, that now render our young men and young maidens like comely plants growing up by a streamlet's side,--the graces and the grace of opening manhood, of blossoming womanhood? What would become of all that now renders the social circle lovely and beloved? What would become of society itself? How could it exist? And is that to be considered a charity which strikes at the root of all this; which subverts all the excellence and the charms of social life; which tends to destroy the very foundation and frame-work of society, both in its practices and in its opinions; which subverts the whole decency, the whole morality, as well as the whole Christianity and government, of society? No, Sir! no, Sir!

And here let me turn to the consideration of the question, What is an oath? I do not mean in the variety of definitions that may be given to it as it existed and was practised in the time of the Romans, but an oath as it exists at present in our courts of law; as it is founded on a degree of consciousness that there is a Power above us that will reward our virtues and punish our vices. We all know that the doctrine of the English law is, that in the case of every person who enters court as a witness, be he Christian or Hindoo, there must be a firm conviction on his mind that falsehood or perjury will be punished, either in this world or the next, or he cannot be admitted as a witness. If he has not this belief, he is disfranchised. In proof of this, I refer your honors to the great case of Ormichund against Barker, in Lord Chief Justice Willes's report. There this doctrine is clearly laid down. But in no case is a man allowed to be a witness that has no belief in future rewards and punishments for virtues or vices, nor ought he to be. We hold life, liberty, and property in this country upon a system of oaths; oaths founded on a religious belief of some sort. And that system which would strike away the great substratum, destroy the safe possession of life, liberty, and property, destroy all the institutions of civil society, cannot and will not be considered as entitled to the protection of a court of equity. It has been said, on the other side, that there was no teaching against religion or Christianity in this system. I deny it. The whole testament is one bold proclamation against Christianity and religion of every creed. The children are to be brought up in the principles declared in that testament. They are to learn to be suspicious of Christianity and religion; to keep clear of it, that their youthful heart may not become susceptible of the influences of Christianity or religion in the slightest degree. They are to be told and taught that religion is not a matter for the heart or conscience, but for the decision of the cool judgment of mature years; that at that period when the whole Christian world deem it most desirable to instil the chastening influences of Christianity into the tender and comparatively pure mind and heart of the child, ere the cares and corruptions of the world have reached and seared it,--at that period the child in this college is to be carefully excluded therefrom, and to be told that its influence is pernicious and dangerous in the extreme. Why, the whole system is a constant preaching against Christianity and against religion, and I insist that there is no charity, and can be no charity, in that system of instruction from which Christianity is excluded. I perfectly agree with what my learned friend says in regard to the monasteries of the Old World, as seats of learning to which we are all indebted at the present day. Much of our learning, almost all of our early histories, and a vast amount of literary treasure, were preserved therein and emanated therefrom. But we all know, that although these were emphatically receptacles for literature of the highest order, yet they were always connected with Christianity, and were always regarded and conducted as religious establishments.

Going back as far as the statutes of Henry the Fourth, as early as 1402,[3] in the act respecting charities, we find that one hundred years before the Reformation, in Catholic times, in the establishment of every charitable institution, there was to be proper provision for religious instruction. Again, after the time of the Reformation, when those monastic institutions were abolished, in the 1st Edw. VI. ch. 14, we find certain chantries abolished, and their funds appropriated to the instruction of youth in the grammar schools founded in that reign, which Lord Eldon says extended all over the kingdom. In all these we find provision for religious instruction, the dispensation of the same being by a teacher or preacher. In 2 Swanston, p. 529, the case of the Bedford Charity, Lord Eldon gives a long opinion, in the course of which he says, that in these schools care is taken to educate youth in the Christian religion, and in all of them the New Testament is taught, both in Latin and Greek. Here, then, we find that the great and leading provision, both before and after the Reformation, was to connect the knowledge of Christianity with human letters. And it will be always found that a school for instruction of youth, to possess the privileges of a charity, must be provided with religious instruction.

For the decision, that the essentials of Christianity are part of the common law of the land, I refer your honors to 1 Vernon, p. 293, where Lord Hale, who cannot be suspected of any bigotry on this subject, says, that to decry religion, and call it a cheat, tends to destroy all religion; and he also declares Christianity to be part of the common law of the land. Mr. N. Dane, in his Abridgment, ch. 219, recognizes the same principle. In 2 Strange, p. 834, case of The King v. Wilson, the judges would not suffer it to be debated that writing against religion generally is an offence at common law. They laid stress upon the word "generally," because there might arise differences of opinion between religious writers on points of doctrine, and so forth. So in Taylor's case, 3 Merivale, p. 405, by the High Court of Chancery, these doctrines were recognized and maintained. The same doctrine is laid down in 2 Burn's Ecclesiastical Law, p. 95, Evans v. The Chamberlain of London; and in 2 Russell, p. 501, The Attorney-General v. The Earl of Mansfield.

There is a case of recent date, which, if the English law is to prevail, would seem conclusive as to the character of this devise. It is the case of The Attorney-General v. Cullum, 1 Younge and Collyer's Reports, p. 411. The case was heard and decided in 1842, by Sir Knight Bruce, Vice-Chancellor. The reporter's abstract, or summary, of the decision is this: "COURTS OF EQUITY, IN THIS COUNTRY, WILL NOT SANCTION ANY SYSTEM OF EDUCATION IN WHICH RELIGION IS NOT INCLUDED."

The charity in question in that case was established in the reign of Edward the Fourth, for the benefit of the community and poor inhabitants of the town of Bury St. Edmunds. The objects of the charity were various: for relief of prisoners, educating and instructing poor people, for food and raiment for the aged and impotent, and others of the same kind. There were uses, also, now deemed superstitious, such as praying for the souls of the dead. In this, and in other respects, the charity required revision, to suit it to the habits and requirements of modern times; and a scheme was accordingly set forth for such revision by the master, under the direction of the court. By this scheme there were to be schools, and these schools were to be closed on Sundays, although the Scriptures were to be read daily on other days. This was objected to, and it was insisted, on the other hand, that the masters and mistresses of the schools should be members of the Church of England; that they should, on every Lord's day, give instruction in the doctrines of the Church to those children whose parents might so desire; but that all the scholars should be required to attend public worship every Lord's day in the parish church, or other place of worship, according to their respective creeds.

The Vice-Chancellor said, that the term "education" was properly understood, by all the parties, to comprehend religious instruction; that the objection to the scheme proposed by the master was not that it did not provide for religious instruction according to the doctrines of the Church of England, but that it did not provide for religious instruction at all. In the course of the hearing, the Vice-Chancellor said, that any scheme of education, without religion, would be worse than a mockery. The parties afterwards agreed, that the masters and mistresses should be members of the Church of England; that every school day the master should give religious instruction, during one hour, to all the scholars, such religious instruction to be confined to the reading and explanation of the Scriptures; that on every Lord's day he should give instruction in the liturgy, catechism, and articles of the Church of England, and that the scholars should attend church every Lord's day, unless they were children of persons not in communion with the Church of England. In giving the sanction of the court to this arrangement, the Vice-Chancellor said, that he wished to have it distinctly understood that the ground on which he had proceeded was not a preference of one form of religion to another, but the necessity, if the matter was left to him judicially, to adopt the course of requiring the teachers to be members of the Church of England.

This case clearly shows, that, at the present day, a school, founded by a charity, for the instruction of children, cannot be sanctioned by the courts as a charity, unless the scheme of education includes religious instruction. It shows, too, that this general requisition of the law is independent of a church establishment, and that it is not religion in any particular form, but religion, religious and Christian instruction in some form, which is held to be indispensable. It cannot be doubted how a charity for the instruction of children would fare in an English court, the scheme of which should carefully and sedulously exclude all religious or Christian instruction, and profess to establish morals on principles no higher than those of enlightened Paganism.

Enough, then, your honors, has been said on this point; and I am willing that inquiry should be prosecuted to any extent of research to controvert this position, that a school of education for the young, which rejects the Christian religion, cannot be sustained as a charity, so as to entitle it to come before the courts of equity for the privileges which they have power to confer on charitable bequests.

Mr. Webster then replied to the remarks of Mr. Binney, in relation to the Liverpool Blue Coat School, and read from the report of Mr. Bache on education in Europe, Mr. Bache having been sent abroad by the city of Philadelphia to investigate this whole matter of education.

If Mr. Girard had established such a school as that, it would have been free from all those objections that have been raised against it. This Liverpool Blue Coat School, though too much of a religious party character, is strictly a church establishment. It is a school established on a peculiar foundation, that of the Madras system of Dr. Bell. It is a monitorial school; those who are advanced in learning are to teach the others in religion, as well as secular knowledge. It is strictly a religious school, and the only objection is, that in its instruction it is too much confined to a particular sect.

Mr. Binney observed that there was no provision made for clergymen.

That is true, because the scheme of the school is monitorial, in which the more advanced scholars instruct the others. But religious instruction is amply and particularly provided for.

Mr. Webster then referred to Shelford, p. 105, and onward, under the head "Jews," in the fourth paragraph, where, he stated, the whole matter, and all the cases, as regarded the condition and position of the Jews respecting various charities, were given in full.

He then referred to the Smithsonian legacy, which had been mentioned, and which he said was no charity at all, nor any thing like a charity. It was a gift to Congress, to be disposed of as Congress saw fit, for scientific purposes.

He then replied, in a few words, to the arguments of Mr. Binney in relation to the University of Virginia; and said that, although there was no provision for religious instruction in that University, yet he supposed it would not be contended for a moment that the University of Virginia was a charity, or that it came before the courts claiming of the law of that State protection as such. It stood on its charter.

I repeat again, before closing this part of my argument, the proposition, important as I believe it to be, for your honors' consideration, that the proposed school, in its true character, objects, and tendencies, is derogatory to Christianity and religion. If it be so, then I maintain that it cannot be considered a charity, and as such entitled to the just protection and support of a court of equity. I consider this the great question for the consideration of this court. I may be excused for pressing it on the attention of your honors. It is one which, in its decision, is to influence the happiness, the temporal and the eternal welfare, of one hundred millions of human beings, alive and to be born, in this land. Its decision will give a hue to the apparent character of our institutions; it will be a comment on their spirit to the whole Christian world. I again press the question to your honors: Is a clear, plain, positive system for the instruction of children, founded on clear and plain objects of infidelity, a charity in the eye of the law, and as such entitled to the privileges awarded to charities in a court of equity? And with this, I leave this part of the case.

THIRD DAY.

I shall now, may it please your honors, proceed to inquire whether there is, in the State of Pennsylvania, any settled public policy to which this school, as planned by Mr. Girard in his will, is in opposition; for it follows, that, if there be any settled public policy in the laws of Pennsylvania on this subject, then any school, or scheme, or system, which tends to subvert this public policy, cannot be entitled to the protection of a court of equity. It will not be denied that there is a general public policy in that, as in all States, drawn from its history and its laws. And it will not be denied that any scheme or school of education which directly opposes this is not to be favored by the courts. Pennsylvania is a free and independent State. She has a popular government, a system of trial by jury, of free suffrage, of vote by ballot, of alienability of property. All these form part of the general public policy of Pennsylvania. Any man who shall go into that State can speak and write as much as he pleases against a popular form of government, freedom of suffrage, trial by jury, and against any or all of the institutions just named; he may decry civil liberty, and assert the divine right of kings, and still he does nothing criminal; but if, to give success to such efforts, special power from a court of justice is required, it will not be granted to him. There is not one of these features of the general public policy of Pennsylvania against which a school might not be established and preachers and teachers employed to teach. That might in a certain sense be considered a school of education, but it would not be a charity. And if Mr. Girard, in his lifetime, had founded schools and employed teachers to preach and teach in favor of infidelity, or against popular government, free suffrage, trial by jury, or the alienability of property, there was nothing to stop him or prevent him from so doing. But where any one or all of these come to be provided for a school or system as a charity, and come before the courts for favor, then in neither one, nor all, nor any, can they be favored, because they are opposed to the general public policy and public law of the State.

These great principles have always been recognized; and they are no more part and parcel of the public law of Pennsylvania than is the Christian religion. We have in the charter of Pennsylvania, as prepared by its great founder, William Penn,--we have in his "great law," as it was called, the declaration, that the preservation of Christianity is one of the great and leading ends of government. This is declared in the charter of the State. Then the laws of Pennsylvania, the statutes against blasphemy, the violation of the Lord's day, and others to the same effect, proceed on this great, broad principle, that the preservation of Christianity is one of the main ends of government. This is the general public policy of Pennsylvania. On this head we have the case of Updegraph v. The Commonwealth,[4] in which a decision in accordance with this whole doctrine was given by the Supreme Court of Pennsylvania. The solemn opinion pronounced by that tribunal begins by a general declaration that Christianity is, and has always been, part of the common law of Pennsylvania.

I have said, your honors, that our system of oaths in all our courts, by which we hold liberty and property, and all our rights, is founded on or rests on Christianity and a religious belief. In like manner the affirmation of Quakers rests on religious scruples drawn from the same source, the same feeling of religious responsibility.

The courts of Pennsylvania have themselves decided that a charitable bequest, which counteracts the public policy of the State, cannot be sustained. This was so ruled in the often cited case of the Methodist Church v. Remington. There, the devise was to the Methodist Church generally, extending through the States and into Canada, and the trust was declared void on this account alone; namely, that it was inconsistent with the public policy of the State, inconsistent with the general spirit of the laws of Pennsylvania. But is there any comparison to be made between that ground on which a devise to a church is declared void, namely, as inconsistent with the public policy of the State, and the case of a devise which undermines and opposes the whole Christian religion, and derides all its ministers; the one tending to destroy all religion, and the other being merely against the spirit of the legislation and laws of the State, and the general public policy of government, in a very subordinate matter? Can it be shown that this devise of a piece of ground to the Methodist Church can be properly set aside, and declared void on general grounds, and not be shown that such a devise as that of Mr. Girard, which tends to overturn as well as oppose the public policy and laws of Pennsylvania, can also be set aside?

Sir, there are many other American cases which I could cite to the court in support of this point of the case. I will now only refer to 8 Johnson, page 291.

It is the same in Pennsylvania as elsewhere, the general principles and public policy are sometimes established by constitutional provisions, sometimes by legislative enactments, sometimes by judicial decisions, and sometimes by general consent. But however they may be established, there is nothing that we look for with more certainty than this general principle, that Christianity is part of the law of the land. This was the case among the Puritans of New England, the Episcopalians of the Southern States, the Pennsylvania Quakers, the Baptists, the mass of the followers of Whitefield and Wesley, and the Presbyterians; all brought and all adopted this great truth, and all have sustained it. And where there is any religious sentiment amongst men at all, this sentiment incorporates itself with the law. Every thing declares it. The massive cathedral of the Catholic; the Episcopalian church, with its lofty spire pointing heavenward; the plain temple of the Quaker; the log church of the hardy pioneer of the wilderness; the mementos and memorials around and about us; the consecrated graveyards, their tombstones and epitaphs, their silent vaults, their mouldering contents; all attest it. The dead prove it as well as the living. The generations that are gone before speak to it, and pronounce it from the tomb. We feel it. All, all, proclaim that Christianity, general, tolerant Christianity, Christianity independent of sects and parties, that Christianity to which the sword and the fagot are unknown, general, tolerant Christianity, is the law of the land.

Mr. Webster, having gone over the other points in the case, which were of a more technical character, in conclusion, said:--#/

I now take leave of this cause. I look for no good whatever from the establishment of this school, this college, this scheme, this experiment of an education in "practical morality," unblessed by the influences of religion. It sometimes happens to man to attain by accident that which he could not achieve by long-continued exercise of industry and ability. And it is said even of the man of genius, that by chance he will sometimes "snatch a grace beyond the reach of art." And I believe that men sometimes do mischief, not only beyond their intent, but beyond the ordinary scope of their talents and ability. In my opinion, if Mr. Girard had given years to the study of a mode by which he could dispose of his vast fortune so that no good could arise to the general cause of charity, no good to the general cause of learning, no good to human society, and which should be most productive of protracted struggles, troubles, and difficulties in the popular counsels of a great city, he could not so effectually have attained that result as he has by this devise now before the court. It is not the result of good fortunes, but of bad fortunes, which have overriden and cast down whatever of good might have been accomplished by a different disposition. I believe that this plan, this scheme, was unblessed in all its purposes, and in all its original plans. Unwise in all its frame and theory, while it lives it will lead an annoyed and troubled life, and leave an unblessed memory when it dies. If I could persuade myself that this court would come to such a decision as, in my opinion, the public good and the law require, and if I could believe that any humble efforts of my own had contributed in the least to lead to such a result, I should deem it the crowning mercy of my professional life.

[Footnote 1: Foster's Essay on the Evils of Popular Ignorance, Section IV.]

[Footnote 2: The effect of this remark was almost electric, and some one in the court-room broke out in applause.]

[Footnote 3: 2 Pickering, p. 433.]

[Footnote 4: 11 Sergeant & Rawle, p. 394.]

MR. JUSTICE STORY.[1]

[At a meeting of the Suffolk Bar, held in the Circuit Court Room, Boston, on the morning of the 12th of September, the day of the funeral of Mr. Justice Story, Chief Justice Shaw having taken the chair and announced the object of the meeting, Mr. Webster rose and spoke substantially as follows.]

Your solemn announcement, Mr. Chief Justice, has confirmed the sad intelligence which had already reached us, through the public channels of information, and deeply afflicted us all.

JOSEPH STORY, one of the Associate Justices of the Supreme Court of the United States, and for many years the presiding judge of this Circuit, died on Wednesday evening last, at his house in Cambridge, wanting only a few days for the completion of the sixty-sixth year of his age.

This most mournful and lamentable event has called together the whole Bar of Suffolk, and all connected with the courts of law or the profession. It has brought you, Mr. Chief Justice, and your associates of the Bench of the Supreme Court of Massachusetts, into the midst of us; and you have done us the honor, out of respect to the occasion, to consent to preside over us, while we deliberate on what is due, as well to our own afflicted and smitten feelings, as to the exalted character and eminent distinction of the deceased judge. The occasion has drawn from his retirement, also, that venerable man, whom we all so much respect and honor, (Judge Davis,) who was, for thirty years, the associate of the deceased upon the same Bench. It has called hither another judicial personage, now in retirement, (Judge Putnam,) but long an ornament of that Bench of which you are now the head, and whose marked good fortune it is to have been the professional teacher of Mr. Justice Story, and the director of his early studies. He also is present to whom this blow comes near; I mean, the learned judge (Judge Sprague) from whose side it has struck away a friend and a highly venerated official associate. The members of the Law School at Cambridge, to which the deceased was so much attached, and who returned that attachment with all the ingenuousness and enthusiasm of educated and ardent youthful minds, are here also, to manifest their sense of their own severe deprivation, as well as their admiration of the bright and shining professional example which they have so loved to contemplate,--an example, let me say to them, and let me say to all, as a solace in the midst of their sorrows, which death hath not touched and which time cannot obscure.

Mr. Chief Justice, one sentiment pervades us all. It is that of the most profound and penetrating grief, mixed, nevertheless, with an assured conviction, that the great man whom we deplore is yet with us and in the midst of us. He hath not wholly died. He lives in the affections of friends and kindred, and in the high regard of the community. He lives in our remembrance of his social virtues, his warm and steady friendships, and the vivacity and richness of his conversation. He lives, and will live still more permanently, by his words of written wisdom, by the results of his vast researches and attainments, by his imperishable legal judgments, and by those juridical disquisitions which have stamped his name, all over the civilized world, with the character of a commanding authority. "Vivit, enim, vivetque semper; atque etiam latius in memoria hominum et sermone versabitur, postquam ab oculis recessit."

Mr. Chief Justice, there are consolations which arise to mitigate our loss, and shed the influence of resignation over unfeigned and heart-felt sorrow. We are all penetrated with gratitude to God that the deceased lived so long; that he did so much for himself, his friends, the country, and the world; that his lamp went out, at last, without unsteadiness or flickering. He continued to exercise every power of his mind without dimness or obscuration, and every affection of his heart with no abatement of energy or warmth, till death drew an impenetrable veil between us and him. Indeed, he seems to us now, as in truth he is, not extinguished or ceasing to be, but only withdrawn; as the clear sun goes down at its setting, not darkened, but only no longer seen.

This calamity, Mr. Chief Justice, is not confined to the bar or the courts of this Commonwealth. It will be felt by every bar throughout the land, by every court, and indeed by every intelligent and well-informed man in or out of the profession. It will be felt still more widely, for his reputation had a still wider range. In the High Court of Parliament, in every tribunal in Westminster Hall, in the judicatories of Paris and Berlin, of Stockholm and St. Petersburg, in the learned universities of Germany, Italy, and Spain, by every eminent jurist in the civilized world, it will be acknowledged that a great luminary has fallen from the firmament of public jurisprudence.

Sir, there is no purer pride of country than that in which we may indulge when we see America paying back the great debt of civilization, learning, and science to Europe. In this high return of light for light and mind for mind, in this august reckoning and accounting between the intellects of nations, Joseph Story was destined by Providence to act, and did act, an important part. Acknowledging, as we all acknowledge, our obligations to the original sources of English law, as well as of civil liberty, we have seen in our generation copious and salutary streams turning and running backward, replenishing their original fountains, and giving a fresher and a brighter green to the fields of English jurisprudence. By a sort of reversed hereditary transmission, the mother, without envy or humiliation, acknowledges that she has received a valuable and cherished inheritance from the daughter. The profession in England admits with frankness and candor, and with no feeling but that of respect and admiration, that he whose voice we have so recently heard within these walls, but shall now hear no more, was, of all men who have yet appeared, most fitted by the comprehensiveness of his mind, and the vast extent and accuracy of his attainments, to compare the codes of nations, to trace their differences to difference of origin, climate, or religious or political institutions, and to exhibit, nevertheless, their concurrence in those great principles upon which the system of human civilization rests.

Justice, Sir, is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happiness, and the improvement and progress of our race. And whoever labors on this edifice with usefulness and distinction, whoever clears its foundations, strengthens its pillars, adorns its entablatures, or contributes to raise its august dome still higher in the skies, connects himself, in name, and fame, and character, with that which is and must be as durable as the frame of human society.

All know, Mr. Chief Justice, the pure love of country which animated the deceased, and the zeal, as well as the talent, with which he explained and defended her institutions. His work on the Constitution of the United States is one of his most eminently successful labors. But all his writings, and all his judgments, all his opinions, and the whole influence of his character, public and private, leaned strongly and always to the support of sound principles, to the restraint of illegal power, and to the discouragement and rebuke of licentious and disorganizing sentiments. "Ad rempublicam firmandam, et ad stabiliendas vires, et sanandum populum, omnis ejus pergebat institutio."

But this is not the occasion, Sir, nor is it for me to consider and discuss at length the character and merits of Mr. Justice Story, as a writer or a judge. The performance of that duty, with which this Bar will no doubt charge itself, must be deferred to another opportunity, and will be committed to abler hands. But in the homage paid to his memory, one part may come with peculiar propriety and emphasis from ourselves. We have known him in private life. We have seen him descend from the bench, and mingle in our friendly circles. We have known his manner of life, from his youth up. We can bear witness to the strict uprightness and purity of his character, his simplicity and unostentatious habits, the ease and affability of his intercourse, his remarkable vivacity amidst severe labors, the cheerful and animating tones of his conversation, and his fast fidelity to friends. Some of us, also, can testify to his large and liberal charities, not ostentatious or casual, but systematic and silent,--dispensed almost without showing the hand, and falling and distilling comfort and happiness, like the dews of heaven. But we can testify, also, that in all his pursuits and employments, in all his recreations, in all his commerce with the world, and in his intercourse with the circle of his friends, the predominance of his judicial character was manifest. He never forgot the ermine which he wore. The judge, the judge, the useful and distinguished judge, was the great picture which he kept constantly before his eyes, and to a resemblance of which all his efforts, all his thoughts, all his life, were devoted. We may go the world over, without finding a man who shall present a more striking realization of the beautiful conception of D'Aguesseau: "C'est en vain que l'on cherche à distinguer en lui la personne privée et la personne publique; un même esprit les anime, un même objet les réunit; l'homme, le père de famille, le citoyen, tout est en lui consacré à la gloire du magistrat."

Mr. Chief Justice, one may live as a conqueror, a king, or a magistrate; but he must die as a man. The bed of death brings every human being to his pure individuality; to the intense contemplation of that deepest and most solemn of all relations, the relation between the creature and his Creator. Here it is that fame and renown cannot assist us; that all external things must fail to aid us; that even friends, affection, and human love and devotedness, cannot succor us. This relation, the true foundation of all duty, a relation perceived and felt by conscience and confirmed by revelation, our illustrious friend, now deceased, always acknowledged. He reverenced the Scriptures of truth, honored the pure morality which they teach, and clung to the hopes of future life which they impart. He beheld enough in nature, in himself, and in all that can be known of things seen, to feel assured that there is a Supreme Power, without whose providence not a sparrow falleth to the ground. To this gracious being he trusted himself for time and for eternity; and the last words of his lips ever heard by mortal ears were a fervent supplication to his Maker to take him to himself.

[Footnote 1: The following letter of dedication to the mother of Judge Story accompanied these remarks in the original edition:--

"Boston, September 15, 1845.

"VENERABLE MADAM,--I pray you to allow me to present to you the brief remarks which I made before the Suffolk Bar, on the 12th instant, at a meeting occasioned by the sudden and afflicting death of your distinguished son. I trust, dear Madam, that as you enjoyed through his whole life constant proofs of his profound respect and ardent filial affection, so you may yet live long to enjoy the remembrance of his virtues and his exalted reputation.

"I am, with very great regard,

"Your obedient servant,

"DANIEL WEBSTER.

"TO MADAM STORY."]

THE RHODE ISLAND GOVERNMENT.

AN ARGUMENT MADE IN THE SUPREME COURT OF THE UNITED STATES, ON THE 27TH OF JANUARY, 1848, IN THE DORR REBELLION CASES.

[The facts necessary to the understanding of these cases are sufficiently set forth in the commencement of Mr. Webster's argument. The event out of which the cases arose is known in popular language as the Dorr Rebellion. The first case (that of Martin Luther against Luther M. Borden and others) came up by writ of error from the Circuit Court of Rhode Island, in which the jury, under the rulings of the court (Mr. Justice Story), found a verdict for the defendants; the second case (that of Rachel Luther against the same defendants) came up by a certificate of a division of opinion. The allegations, evidence, and arguments were the same in both cases.

The first case was argued by Mr. Hallet and Mr. Clifford (Attorney-General) for the plaintiffs in error, and by Mr. Whipple and Mr. Webster for the defendants in error. Mr. Justice Catron, Mr. Justice Daniel, and Mr. Justice McKinley were absent from the court, in consequence of ill health. Chief Justice Taney delivered the opinion of the court, affirming the judgment of the court below in the first case, and dismissing the second for want of jurisdiction. Mr. Justice Woodbury dissented, and delivered a very elaborate opinion in support of his view of the subject.]

There is something novel and extraordinary in the case now before the court. All will admit that it is not such a one as is usually presented for judicial consideration.

It is well known, that in the years 1841 and 1842 political agitation existed in Rhode Island. Some of the citizens of that State undertook to form a new constitution of government, beginning their proceedings towards that end by meetings of the people, held without authority of law, and conducting those proceedings through such forms as led them, in 1842, to say that they had established a new constitution and form of government, and placed Mr. Thomas W. Dorr at its head. The previously existing, and then existing, government of Rhode Island treated these proceedings as nugatory, so far as they went to establish a new constitution; and criminal, so far as they proposed to confer authority upon any persons to interfere with the acts of the existing government, or to exercise powers of legislation, or administration of the laws. All will remember that the state of things approached, if not actual conflict between men in arms, at least the "perilous edge of battle." Arms were resorted to, force was used, and greater force threatened. In June, 1842, this agitation subsided. The new government, as it called itself, disappeared from the scene of action. The former government, the Charter government, as it was sometimes styled, resumed undisputed control, went on in its ordinary course, and the peace of the State was restored.

But the past had been too serious to be forgotten. The legislature of the State had, at an early stage of the troubles, found it necessary to pass special laws for the punishment of the persons concerned in these proceedings. It defined the crime of treason, as well as smaller offences, and authorized the declaration of martial law. Governor King, under this authority, proclaimed the existence of treason and rebellion in the State, and declared the State under martial law. This having been done, and the ephemeral government of Mr. Dorr having disappeared, the grand juries of the State found indictments against several persons for having disturbed the peace of the State, and one against Dorr himself for treason. This indictment came on in the Supreme Court of Rhode Island in 1844, before a tribunal admitted on all hands to be the legal judicature of the State. He was tried by a jury of Rhode Island, above all objection, and after all challenge. By that jury, under the instructions of the court, he was convicted of treason, and sentenced to imprisonment for life.

Now an action is brought in the courts of the United States, and before your honors, by appeal, in which it is attempted to prove that the characters of this drama have been oddly and wrongly cast; that there has been a great mistake in the courts of Rhode Island. It is alleged, that Mr. Dorr, instead of being a traitor or an insurrectionist, was the real governor of the State at the time; that the force used by him was exercised in defence of the constitution and laws, and not against them; that he who opposed the constituted authorities was not Mr. Dorr, but Governor King; and that it was he who should have been indicted, and tried, and sentenced. This is rather an important mistake, to be sure, if it be a mistake. "Change places," cries poor Lear, "change places, and handy-dandy, which is the justice and which the thief?" So our learned opponents say, "Change places, and, handy-dandy, which is the governor and which the rebel?" The aspect of the case is, as I have said, novel. It may perhaps give vivacity and variety to judicial investigations. It may relieve the drudgery of perusing briefs, demurrers, and pleas in bar, bills in equity and answers, and introduce topics which give sprightliness, freshness, and something of an uncommon public interest to proceedings in courts of law.

However difficult it may be, and I suppose it to be wholly impossible, that this court should take judicial cognizance of the questions which the plaintiff has presented to the court below, yet I do not think it a matter of regret that the cause has come hither. It is said, and truly said, that the case involves the consideration and discussion of what are the true principles of government in our American system of public liberty. This is very right. The case does involve these questions, and harm can never come from their discussion, especially when such discussion is addressed to reason and not to passion; when it is had before magistrates and lawyers, and not before excited masses out of doors. I agree entirely that the case does raise considerations, somewhat extensive, of the true character of our American system of popular liberty; and although I am constrained to differ from the learned counsel who opened the cause for the plaintiff in error, on the principles and character of that American liberty, and upon the true characteristics of that American system on which changes of the government and constitution, if they become necessary, are to be made, yet I agree with him that this case does present them for consideration.

Now, there are certain principles of public liberty, which, though they do not exist in all forms of government, exist, nevertheless, to some extent, in different forms of government. The protection of life and property, the habeas corpus, trial by jury, the right of open trial, these are principles of public liberty existing in their best form in the republican institutions of this country, but, to the extent mentioned, existing also in the constitution of England. Our American liberty, allow me to say, therefore, has an ancestry, a pedigree, a history. Our ancestors brought to this continent all that was valuable, in their judgment, in the political institutions of England, and left behind them all that was without value, or that was objectionable. During the colonial period they were closely connected of course with the colonial system; but they were Englishmen, as well as colonists, and took an interest in whatever concerned the mother country, especially in all great questions of public liberty in that country. They accordingly took a deep concern in the Revolution of 1688. The American colonists had suffered from the tyranny of James the Second. Their charters had been wrested from them by mockeries of law, and by the corruption of judges in the city of London; and in no part of England was there more gratification, or a more resolute feeling, when James abdicated and William came over, than in the American colonies. All know that Massachusetts immediately overthrew what had been done under the reign of James, and took possession of the colonial fort in the harbor of Boston in the name of the new king.

When the United States separated from England, by the Declaration of 1776, they departed from the political maxims and examples of the mother country, and entered upon a course more exclusively American. From that day down, our institutions and our history relate to ourselves. Through the period of the Declaration of Independence, of the Confederation, of the Convention, and the adoption of the Constitution, all our public acts are records out of which a knowledge of our system of American liberty is to be drawn.

From the Declaration of Independence, the governments of what had been colonies before were adapted to their new condition. They no longer owed allegiance to crowned heads. No tie bound them to England. The whole system became entirely popular, and all legislative and constitutional provisions had regard to this new, peculiar, American character, which they had assumed. Where the form of government was already well enough, they let it alone. Where reform was necessary, they reformed it. What was valuable, they retained; what was essential, they added, and no more. Through the whole proceeding, from 1776 to the latest period, the whole course of American public acts, the whole progress of this American system, was marked by a peculiar conservatism. The object was to do what was necessary, and no more; and to do that with the utmost temperance and prudence.

Now, without going into historical details at length, let me state what I understand the American principles to be, on which this system rests.

First and chief, no man makes a question, that the people are the source of all political power. Government is instituted for their good, and its members are their agents and servants. He who would argue against this must argue without an adversary. And who thinks there is any peculiar merit in asserting a doctrine like this, in the midst of twenty millions of people, when nineteen millions nine hundred and ninety-nine thousand nine hundred and ninety-nine of them hold it, as well as himself? There is no other doctrine of government here; and no man imputes to another, and no man should claim for himself, any peculiar merit for asserting what everybody knows to be true, and nobody denies. Why, where else can we look but to the people for political power, in a popular government? We have no hereditary executive, no hereditary branch of the legislature, no inherited masses of property, no system of entails, no long trusts, no long family settlements, no primogeniture. Every estate in the country, from the richest to the poorest, is divided among sons and daughters alike. Alienation is made as easy as possible; everywhere the transmissibility of property is perfectly free. The whole system is arranged so as to produce, as far as unequal industry and enterprise render it possible, a universal equality among men; an equality of rights absolutely, and an equality of condition, so far as the different characters of individuals will allow such equality to be produced. He who considers that there may be, is, or ever has been, since the Declaration of Independence, any person who looks to any other source of power in this country than the people, so as to give peculiar merit to those who clamor loudest in its assertion, must be out of his mind, even more than Don Quixote. His imagination was only perverted. He saw things not as they were, though what he saw were things. He saw windmills, and took them to be giants, knights on horseback. This was bad enough; but whoever says, or speaks as if he thought, that anybody looks to any other source of political power in this country than the people, must have a stronger and wilder imagination, for he sees nothing but the creations of his own fancy. He stares at phantoms.

Well, then, let all admit, what none deny, that the only source of political power in this country is the people. Let us admit that they are sovereign, for they are so; that is to say, the aggregate community, the collected will of the people, is sovereign. I confess that I think Chief Justice Jay spoke rather paradoxically than philosophically, when he said that this country exhibited the extraordinary spectacle of many sovereigns and no subjects. The people, he said, are all sovereigns; and the peculiarity of the case is that they have no subjects, except a few colored persons. This must be rather fanciful. The aggregate community is sovereign, but that is not the sovereignty which acts in the daily exercise of sovereign power. The people cannot act daily as the people. They must establish a government, and invest it with so much of the sovereign power as the case requires; and this sovereign power being delegated and placed in the hands of the government, that government becomes what is popularly called THE STATE. I like the old-fashioned way of stating things as they are; and this is the true idea of a state. It is an organized government, representing the collected will of the people, as far as they see fit to invest that government with power. And in that respect it is true, that, though this government possesses sovereign power, it does not possess all sovereign power; and so the State governments, though sovereign in some respects, are not so in all. Nor could it be shown that the powers of both, as delegated, embrace the whole range of what might be called sovereign power. We usually speak of the States as sovereign States. I do not object to this. But the Constitution never so styles them, nor does the Constitution speak of the government here as the general or the federal government. It calls this government the United States; and it calls the State governments State governments. Still the fact is undeniably so; legislation is a sovereign power, and is exercised by the United States government to a certain extent, and also by the States, according to the forms which they themselves have established, and subject to the provisions of the Constitution of the United States.

Well, then, having agreed that all power is originally from the people, and that they can confer as much of it as they please, the next principle is, that, as the exercise of legislative power and the other powers of government immediately by the people themselves is impracticable, they must be exercised by REPRESENTATIVES of the people; and what distinguishes American governments as much as any thing else from any governments of ancient or of modern times, is the marvellous felicity of their representative system. It has with us, allow me to say, a somewhat different origin from the representation of the commons in England, though that has been worked up to some resemblance of our own. The representative system in England had its origin, not in any supposed rights of the people themselves, but in the necessities and commands of the crown. At first, knights and burgesses were summoned, often against their will, to a Parliament called by the king. Many remonstrances were presented against sending up these representatives; the charge of paying them was, not unfrequently, felt to be burdensome by the people. But the king wished their counsel and advice, and perhaps the presence of a popular body, to enable him to make greater headway against the feudal barons in the aristocratic and hereditary branch of the legislature. In process of time these knights and burgesses assumed more and more a popular character, and became, by degrees, the guardians of popular rights. The people through them obtained protection against the encroachments of the crown and the aristocracy, till in our day they are understood to be the representatives of the people, charged with the protection of their rights. With us it was always just so. Representation has always been of this character. The power is with the people; but they cannot exercise it in masses or per capita; they can only exercise it by their representatives. The whole system with us has been popular from the beginning.

Now, the basis of this representation is suffrage. The right to choose representatives is every man's part in the exercise of sovereign power; to have a voice in it, if he has the proper qualifications, is the portion of political power belonging to every elector. That is the beginning. That is the mode in which power emanates from its source, and gets into the hands of conventions, legislatures, courts of law, and the chair of the executive. It begins in suffrage. Suffrage is the delegation of the power of an individual to some agent.

This being so, then follow two other great principles of the American system.

1. The first is, that the right of suffrage shall be guarded, protected, and secured against force and against fraud; and,

2. The second is, that its exercise shall be prescribed by previous law; its qualifications shall be prescribed by previous law; the time and place of its exercise shall be prescribed by previous law; the manner of its exercise, under whose supervision (always sworn officers of the law), is to be prescribed. And then, again, the results are to be certified to the central power by some certain rule, by some known public officers, in some clear and definite form, to the end that two things may be done: first, that every man entitled to vote may vote; second, that his vote may be sent forward and counted, and so he may exercise his part of sovereignty, in common with his fellow-citizens.

In the exercise of political power through representatives we know nothing, we never have known any thing, but such an exercise as should take place through the prescribed forms of law. When we depart from that, we shall wander as widely from the American track as the pole is from the track of the sun.

I have said that it is one principle of the American system, that the people limit their governments, National and State. They do so; but it is another principle, equally true and certain, and, according to my judgment of things, equally important, that the people often limit themselves. They set bounds to their own power. They have chosen to secure the institutions which they establish against the sudden impulses of mere majorities. All our institutions teem with instances of this. It was their great conservative principle, in constituting forms of government, that they should secure what they had established against hasty changes by simple majorities. By the fifth article of the Constitution of the United States, Congress, two thirds of both houses concurring, may propose amendments of the Constitution; or, on the application of the legislatures of two thirds of the States, may call a convention; and amendments proposed in either of these forms must be ratified by the legislatures or conventions of three fourths of the States. The fifth article of the Constitution, if it was made a topic for those who framed the "people's constitution" of Rhode Island, could only have been a matter of reproach. It gives no countenance to any of their proceedings, or to any thing like them. On the contrary, it is one remarkable instance of the enactment and application of that great American principle, that the constitution of government should be cautiously and prudently interfered with, and that changes should not ordinarily be begun and carried through by bare majorities.

But the people limit themselves also in other ways. They limit themselves in the first exercise of their political rights. They limit themselves, by all their constitutions, in two important respects; that is to say, in regard to the qualifications of electors, and in regard to the qualifications of the elected. In every State, and in all the States, the people have precluded themselves from voting for everybody they might wish to vote for; they have limited their own right of choosing. They have said, We will elect no man who has not such and such qualifications. We will not vote ourselves, unless we have such and such qualifications. They have also limited themselves to certain prescribed forms for the conduct of elections. They must vote at a particular place, at a particular time, and under particular conditions, or not at all. It is in these modes that we are to ascertain the will of the American people; and our Constitution and laws know no other mode. We are not to take the will of the people from public meetings, nor from tumultuous assemblies, by which the timid are terrified, the prudent are alarmed, and by which society is disturbed. These are not American modes of signifying the will of the people, and they never were. If any thing in the country, not ascertained by a regular vote, by regular returns, and by regular representation, has been established, it is an exception, and not the rule; it is an anomaly which, I believe, can scarcely be found.

It is true that at the Revolution, when all government was immediately dissolved, the people got together, and what did they do? Did they exercise sovereign power? They began an inceptive organization, the object of which was to bring together representatives of the people, who should form a government. This was the mode of proceeding in those States where their legislatures were dissolved. It was much like that had in England upon the abdication of James the Second. He ran away, he abdicated. He threw the great seal into the Thames. I am not aware that, on the 4th of May, 1842, any great seal was thrown into Providence River! But James abdicated, and King William took the government; and how did he proceed? Why, he at once requested all who had been members of the old Parliament, of any regular Parliament in the time of Charles the Second, to assemble. The Peers, being a standing body, could of course assemble; and all they did was to recommend the calling of a convention, to be chosen by the same electors, and composed of the same numbers, as composed a Parliament. The convention assembled, and, as all know, was turned into a Parliament. This was a case of necessity, a revolution. Don't we call it so? And why? Not merely because a new sovereign then ascended the throne of the Stuarts, but because there was a change in the organization of the government. The legal and established succession was broken. The convention did not assemble under any preceding law. There was a hiatus, a syncope, in the action of the body politic. This was revolution, and the Parliaments that assembled afterwards referred their legal origin to that revolution.

Is it not obvious enough, that men cannot get together and count themselves, and say they are so many hundreds and so many thousands, and judge of their own qualifications, and call themselves the people, and set up a government? Why, another set of men, forty miles off, on the same day, with the same propriety, with as good qualifications, and in as large numbers, may meet and set up another government; one may meet at Newport and another at Chepachet, and both may call themselves the people. What is this but anarchy? What liberty is there here, but a tumultuary, tempestuous, violent, stormy liberty, a sort of South American liberty, without power except in its spasms, a liberty supported by arms to-day, crushed by arms to-morrow? Is that our liberty?

The regular action of popular power, on the other hand, places upon public liberty the most beautiful face that ever adorned that angel form. All is regular and harmonious in its features, and gentle in its operation. The stream of public authority, under American liberty, running in this channel, has the strength of the Missouri, while its waters are as transparent as those of a crystal lake. It is powerful for good. It produces no tumult, no violence, and no wrong;--

"Though deep, yet clear; though gentle, yet not dull; Strong, without rage; without o'erflowing, full."

Another American principle growing out of this, and just as important and well settled as is the truth that the people are the source of power, is, that, when in the course of events it becomes necessary to ascertain the will of the people on a new exigency, or a new state of things or of opinion, the legislative power provides for that ascertainment by an ordinary act of legislation. Has not that been our whole history? It would take me from now till the sun shall go down to advert to all the instances of it, and I shall only refer to the most prominent, and especially to the establishment of the Constitution under which you sit. The old Congress, upon the suggestion of the delegates who assembled at Annapolis in May, 1786, recommended to the States that they should send delegates to a convention to be holden at Philadelphia to form a Constitution. No article of the old Confederation gave them power to do this; but they did it, and the States did appoint delegates, who assembled at Philadelphia, and formed the Constitution. It was communicated to the old Congress, and that body recommended to the States to make provision for calling the people together to act upon its adoption. Was not that exactly the case of passing a law to ascertain the will of the people in a new exigency? And this method was adopted without opposition, nobody suggesting that there could be any other mode of ascertaining the will of the people.

My learned friend went through the constitutions of several of the States. It is enough to say, that, of the old thirteen States, the constitutions, with but one exception, contained no provision for their own amendment. In New Hampshire there was a provision for taking the sense of the people once in seven years. Yet there is hardly one that has not altered its constitution, and it has been done by conventions called by the legislature, as an ordinary exercise of legislative power. Now what State ever altered its constitution in any other mode? What alteration has ever been brought in, put in, forced in, or got in anyhow, by resolutions of mass meetings, and then by applying force? In what State has an assembly, calling itself the people, convened without law, without authority, without qualifications, without certain officers, with no oaths, securities, or sanctions of any kind, met and made a constitution, and called it the constitution of the STATE? There must be some authentic mode of ascertaining the will of the people, else all is anarchy. It resolves itself into the law of the strongest, or, what is the same thing, of the most numerous for the moment, and all constitutions and all legislative rights are prostrated and disregarded.

But my learned adversary says, that, if we maintain that the people (for he speaks in the name and on behalf of the people, to which I do not object) cannot commence changes in their government but by some previous act of legislation, and if the legislature will not grant such an act, we do in fact follow the example of the Holy Alliance, "the doctors of Laybach," where the assembled sovereigns said that all changes of government must proceed from sovereigns; and it is said that we mark out the same rule for the people of Rhode Island.

Now will any man, will my adversary here, on a moment's reflection, undertake to show the least resemblance on earth between what I have called the American doctrine, and the doctrine of the sovereigns at Laybach? What do I contend for? I say that the will of the people must prevail, when it is ascertained; but there must be some legal and authentic mode of ascertaining that will; and then the people may make what government they please. Was that the doctrine of Laybach? Was not the doctrine there held this,--that the sovereigns should say what changes shall be made? Changes must proceed from them; new constitutions and new laws emanate from them; and all the people had to do was to submit. That is what they maintained. All changes began with the sovereigns, and ended with the sovereigns. Pray, at about the time that the Congress of Laybach was in session, did the allied powers put it to the people of Italy to say what sort of change they would have? And at a more recent date, did they ask the citizens of Cracow what change they would have in their constitution? Or did they take away their constitution, laws, and liberties, by their own sovereign act? All that is necessary here is, that the will of the people should be ascertained, by some regular rule of proceeding, prescribed by previous law. But when ascertained, that will is as sovereign as the will of a despotic prince, of the Czar of Muscovy, or the Emperor of Austria himself, though not quite so easily made known. A ukase or an edict signifies at once the will of a despotic prince; but that will of the people, which is here as sovereign as the will of such a prince, is not so quickly ascertained or known; and thence arises the necessity for suffrage, which is the mode whereby each man's power is made to tell upon the constitution of the government, and in the enactment of laws.

One of the most recent laws for taking the will of the people in any State is the law of 1845, of the State of New York. It begins by recommending to the people to assemble in their several election districts, and proceed to vote for delegates to a convention. If you will take the pains to read that act, it will be seen that New York regarded it as an ordinary exercise of legislative power. It applies all the penalties for fraudulent voting, as in other elections. It punishes false oaths, as in other cases. Certificates of the proper officers were to be held conclusive, and the will of the people was, in this respect, collected essentially in the same manner, supervised by the same officers, under the same guards against force and fraud, collusion and misrepresentation, as are usual in voting for State or United States officers.

We see, therefore, from the commencement of the government under which we live, down to this late act of the State of New York, one uniform current of law, of precedent, and of practice, all going to establish the point that changes in government are to be brought about by the will of the people, assembled under such legislative provisions as may be necessary to ascertain that will, truly and authentically.

In the next place, may it please your honors, it becomes very important to consider what bearing the Constitution and laws of the United States have upon this Rhode Island question. Of course the Constitution of the United States recognizes the existence of States. One branch of the legislature of the United States is composed of Senators, appointed by the States, in their State capacities. The Constitution of the United States[1] says that "the United States shall guarantee to each State a republican form of government, and shall protect the several States against invasion; and on application of the legislature, or of the executive when the legislature cannot be convened, against domestic violence." Now, I cannot but think this a very stringent article, drawing after it the most important consequences, and all of them good consequences. The Constitution, in the section cited, speaks of States as having existing legislatures and existing executives; and it speaks of cases in which violence is practised or threatened against the State, in other words, "domestic violence"; and it says the State shall be protected. It says, then, does it not? that the existing government of a State shall be protected. My adversary says, if so, and if the legislature would not call a convention, and if, when the people rise to make a constitution, the United States step in and prohibit them, why, the rights and privileges of the people are checked, controlled. Undoubtedly. The Constitution does not proceed on the ground of revolution; it does not proceed on any right of revolution; but it does go on the idea, that, within and under the Constitution, no new form of government can be established in any State, without the authority of the existing government.

Admitting the legitimacy of the argument of my learned adversary, it would not authorize the inference he draws from it, because his own case falls within the same range. He has proved, he thinks, that there was an existing government, a paper government, at least; a rightful government, as he alleges. Suppose it to be rightful, in his sense of right. Suppose three fourths of the people of Rhode Island to have been engaged in it, and ready to sustain it. What then? How is it to be done without the consent of the previous government? How is the fact, that three fourths of the people are in favor of the new government, to be legally ascertained? And if the existing government deny that fact, and if that government hold on, and will not surrender till displaced by force, and if it is threatened by force, then the case of the Constitution arises, and the United States must aid the government that is in, because an attempt to displace a government by force is "domestic violence." It is the exigency provided for by the Constitution. If the existing government maintain its post, though three fourths of the State have adopted the new constitution, is it not evident enough that the exigency arises in which the constitutional power here must go to the aid of the existing government? Look at the law of 28th February, 1795.[2] Its words are, "And in case of an insurrection in any State, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State, or of the executive (when the legislature cannot be convened), to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection." Insurrection against the existing government is, then, the thing to be suppressed.

But the law and the Constitution, the whole system of American institutions, do not contemplate a case in which a resort will be necessary to proceedings aliunde, or outside of the law and the Constitution, for the purpose of amending the frame of government. They go on the idea that the States are all republican, that they are all representative in their forms, and that these popular governments in each State, the annually created creatures of the people, will give all proper facilities and necessary aids to bring about changes which the people may judge necessary in their constitutions. They take that ground and act on no other supposition. They assume that the popular will in all particulars will be accomplished. And history has proved that the presumption is well founded.

This, may it please your honors, is the view I take of what I have called the American system. These are the methods of bringing about changes in government.

Now, it is proper to look into this record, and see what the questions are that are presented by it, and consider,--

1. Whether the case is one for judicial investigation at all; that is, whether this court can try the matters which the plaintiff has offered to prove in the court below; and,

2. In the second place, whether many things which he did offer to prove, if they could have been and had been proved, were not acts of criminality, and therefore no justification; and,

3. Whether all that was offered to be proved would show that, in point of fact, there had been established and put in operation any new constitution, displacing the old charter government of Rhode Island.

The declaration is in trespass. The writ was issued on the 8th of October, 1842, in which Martin Luther complains that Luther M. Borden and others broke into his house in Warren, Rhode Island, on the 29th of June, 1842, and disturbed his family and committed other illegal acts.

The defendant answers, that large numbers of men were in arms, in Rhode Island, for the purpose of overthrowing the government of the State, and making war upon it; and that, for the preservation of the government and people, martial law had been proclaimed by the Governor, under an act of the legislature, on the 25th of June, 1842. The plea goes on to aver, that the plaintiff was aiding and abetting this attempt to overthrow the government, and that the defendant was under the military authority of John T. Child, and was ordered by him to arrest the plaintiff; for which purpose he applied at the door of his house, and being refused entrance he forced the door.

The action is thus for an alleged trespass, and the plea is justification under the law of Rhode Island. The plea and replications are as usual in such cases in point of form. The plea was filed at the November term of 1842, and the case was tried at the November term of 1843, in the Circuit Court in Rhode Island. In order to make out a defence, the defendant offered the charter of Rhode Island, the participation of the State in the Declaration of Independence, its uniting with the Confederation in 1778, its admission into the Union in 1790, its continuance in the Union and its recognition as a State down to May, 1843, when the constitution now in force was adopted. Here let it be particularly remarked, that Congress admitted Rhode Island into the Constitution under this identical old charter government, thereby giving sanction to it as a republican form of government. The defendant then refers to all the laws and proceedings of the Assembly, till the adoption of the present constitution of Rhode Island. To repel the case of the defendant, the plaintiff read the proceedings of the old legislature, and documents to show that the idea of changing the government had been entertained as long ago as 1790. He read also certain resolutions of the Assembly in 1841, memorials praying changes in the constitution, and other documents to the same effect. He next offered to prove that suffrage associations were formed throughout the State in 1840 and 1841, and that steps were taken by them for holding public meetings; and to show the proceedings had at those meetings. In the next place, he offered to prove that a mass convention was held at Newport, attended by over four thousand persons, and another at Providence, at which over six thousand attended, at which resolutions were passed in favor of the change. Then he offered to prove the election of delegates; the meeting of the convention in October, 1841, and the draughting of the Dorr constitution; the reassembling in 1841, the completion of the draught, its submission to the people, their voting upon it, its adoption, and the proclamation on the 13th of January, 1842, that the constitution so adopted was the law of the land.

That is the substance of what was averred as to the formation of the Dorr constitution. The plaintiff next offered to prove that the constitution was adopted by a large majority of the qualified voters of the State; that officers were elected under it in April, 1842; that this new government assembled on the 3d of May; and he offered a copy of its proceedings. He sets forth that the court refused to admit testimony upon these subjects, and to these points; and ruled that the old government and laws of the State were in full force and power, and then existing, when the alleged trespass was made, and that they justified the acts of the defendants, according to their plea.

I will give a few references to other proceedings of this new government. The new constitution was proclaimed on the 13th of January, 1842, by some of the officers of the convention. On the 13th of April, officers were appointed under it, and Mr. Dorr was chosen governor. On Tuesday, the 3d of May, the new legislature met, was organized, and then, it is insisted, the new constitution became the law of the land. The legislature sat through that whole day, morning and evening; adjourned; met the next day, and sat through all that day, morning and evening, and did a great deal of paper business. It went through the forms of choosing a Supreme Court, and transacting other business of a similar kind, and on the evening of the 4th of May it adjourned, to meet again on the first Monday of July, in Providence,

"And word spake never more."

It never reassembled. This government, then, whatever it was, came into existence on the third day of May, and went out of existence on the fourth day of May.

I will now give some references concerning the new constitution authorized by the government, the old government, and which is now the constitution of Rhode Island. It was framed in November, 1842. It was voted upon by the people on the 21st, 22d, and 23d days of November, was then by them accepted, and became by its own provisions the constitution of Rhode Island on the first Tuesday of May, 1843.

Now, what, in the mean time, had become of Mr. Dorr's government? According to the principle of its friends, they are forced to admit that it was superseded by the new, that is to say, the present government, because the people accepted the new government. But there was no new government till May, 1843. According to them, then, there was an interregnum of a whole year. If Mr. Dorr had had a government, what became of it? If it ever came in, what put it out of existence? Why did it not meet on the day to which it had adjourned? It was not displaced by the new constitution, because that had not been agreed upon in convention till November. It was not adopted by the people till the last of November, and it did not go into operation till May. What then had become of Mr. Dorr's government?

I think it is important to note that the new constitution, established according to the prescribed forms, came thus into operation in May, 1843, and was admitted by all to be the constitution of the State. What then happened in the State of Rhode Island? I do not mean to go through all the trials that were had after this ideal government of Mr. Dorr ceased to exist; but I will ask attention to the report of the trial of Dorr for treason, which took place in 1844, before all the judges of the Supreme Court of the State. He was indicted in August, 1842, and the trial came on in March, 1844. The indictment was found while the charter government was in force, and the trial was had under the new constitution. He was found guilty of treason.

And I turn to the report of the trial now, to call attention to the language of the court in its charge, as delivered by Chief Justice Durfee. I present the following extract from that charge:--

"It may be, Gentlemen, that he really believed himself to be the governor of the State, and that he acted throughout under this delusion. However this may go to extenuate the offence, it does not take from it its legal guilt. It is no defence to an indictment for the violation of any law for the defendant to come into court and say, 'I thought that I was but exercising a constitutional right, and I claim an acquittal on the ground of mistake,' Were it so, there would be an end to all law and all government. Courts and juries would have nothing to do but to sit in judgment upon indictments, in order to acquit or excuse. The accused has only to prove that he has been systematic in committing crime, and that he thought that he had a right to commit it; and, according to this doctrine, you must acquit. The main ground upon which the prisoner sought for a justification was, that a constitution had been adopted by a majority of the male adult population of this State, voting in their primary or natural capacity or condition, and that he was subsequently elected, and did the acts charged, as governor under it. He offered the votes themselves to prove its adoption, which were also to be followed by proof of his election. This evidence we have ruled out. Courts and juries, Gentlemen, do not count votes to determine whether a constitution has been adopted or a governor elected, or not. Courts take notice, without proof offered from the bar, what the constitution is or was, and who is or was the governor of their own State. It belongs to the legislature to exercise this high duty. It is the legislature which, in the exercise of its delegated sovereignty, counts the votes and declares whether a constitution be adopted or a governor elected, or not; and we cannot revise and reverse their acts in this particular, without usurping their power. Were the votes on the adoption of our present constitution now offered here to prove that it was or was not adopted; or those given for the governor under it, to prove that he was or was not elected; we could not receive the evidence ourselves, we could not permit it to pass to the jury. And why not? Because, if we did so, we should cease to be a mere judicial, and become a political tribunal, with the whole sovereignty in our hands. Neither the people nor the legislature would be sovereign. We should be sovereign, or you would be sovereign; and we should deal out to parties litigant, here at our bar, sovereignty to this or that, according to rules or laws of our own making, and heretofore unknown in courts.

"In what condition would this country be, if appeals could be thus taken to courts and juries? This jury might decide one way, and that another, and the sovereignty might be found here to-day, and there to-morrow. Sovereignty is above courts or juries, and the creature cannot sit in judgment upon its creator. Were this instrument offered as the constitution of a foreign state, we might, perhaps, under some circumstances, require proof of its existence; but, even in that case, the fact would not be ascertained by counting the votes given at its adoption, but by the certificate of the secretary of state, under the broad seal of the state. This instrument is not offered as a foreign constitution, and this court is bound to know what the constitution of the government is under which it acts, without any proof even of that high character. We know nothing of the existence of the so-called 'people's constitution' as law, and there is no proof before you of its adoption, and of the election of the prisoner as governor under it; and you can return a verdict only on the evidence that has passed to you."

Having thus, may it please your honors, attempted to state the questions as they arise, and having referred to what has taken place in Rhode Island, I shall present what further I have to say in three propositions:--

1st. I say, first, that the matters offered to be proved by the plaintiff in the court below are not of judicial cognizance; and proof of them, therefore, was properly rejected by the court.

2d. If all these matters could be, and had been, legally proved, they would have constituted no defence, because they show nothing but an illegal attempt to overthrow the government of Rhode Island.

3d. No proof was offered by the plaintiff to show that, in fact, another government had gone into operation, by which the Charter government had become displaced.

And first, these matters are not of judicial cognizance. Does this need arguing? Are the various matters of fact alleged, the meetings, the appointment of committees, the qualifications of voters,--is there any one of all these matters of which a court of law can take cognizance in a case in which it is to decide on sovereignty? Are fundamental changes in the frame of a government to be thus proved? The thing to be proved is a change of the sovereign power. Two legislatures existed at the same time, both claiming power to pass laws. Both could not have a legal existence. What, then, is the attempt of our adversaries? To put down one sovereign government, and to put another up, by facts and proceedings in regard to elections out of doors, unauthorized by any law whatever. Regular proceedings for a change of government may in some cases, perhaps, be taken notice of by a court; but this court must look elsewhere than out of doors, and to public meetings, irregular and unauthorized, for the decision of such a question as this. It naturally looks to that authority under which it sits here, to the provisions of the Constitution which have created this tribunal, and to the laws by which its proceedings are regulated. It must look to the acts of the government of the United States, in its various branches.

This Rhode Island disturbance, as everybody knows, was brought to the knowledge of the President of the United States[3] by the public authorities of Rhode Island; and how did he treat it? The United States have guaranteed to each State a republican form of government. And a law of Congress has directed the President, in a constitutional case requiring the adoption of such a proceeding, to call out the militia to put down domestic violence, and suppress insurrection. Well, then, application was made to the President of the United States, to the executive power of the United States. For, according to our system, it devolves upon the executive to determine, in the first instance, what are and what are not governments. The President recognizes governments, foreign governments, as they appear from time to time in the occurrences of this changeful world. And the Constitution and the laws, if an insurrection exists against the government of any State, rendering it necessary to appear with an armed force, make it his duty to call out the militia and suppress it.

Two things may here be properly considered. The first is, that the Constitution declares that the United States shall protect every State against domestic violence; and the law of 1795, making provision for carrying this constitutional duty into effect in all proper cases, declares, that, "in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States to call out the militia of other States to suppress such insurrection." These constitutional and legal provisions make it the indispensable duty of the President to decide, in cases of commotion, what is the rightful government of the State. He cannot avoid such decision. And in this case he decided, of course, that the existing government, the charter government, was the rightful government. He could not possibly have decided otherwise.

In the next place, if events had made it necessary to call out the militia, and the officers and soldiers of such militia, in protecting the existing government, had done precisely what the defendants in this case did, could an action have been maintained against them? No one would assert so absurd a proposition.

In reply to the requisition of the Governor, the President stated that he did not think it was yet time for the application of force; but he wrote a letter to the Secretary of War, in which he directed him to confer with the Governor of Rhode Island; and, whenever it should appear to them to be necessary, to call out from Massachusetts and Connecticut a militia force sufficient to terminate at once this insurrection, by the authority of the government of the United States. We are at no loss, therefore, to know how the executive government of the United States treated this insurrection. It was regarded as fit to be suppressed. That is manifest from the President's letters to the Secretary of War and to Governor King.

Now, the eye of this court must be directed to the proceedings of the general government, which had its attention called to the subject, and which did institute proceedings respecting it. And the court will learn from the proceedings of the executive branch of the government, and of the two chambers above us, how the disturbances in Rhode Island were regarded; whether they were looked upon as the establishment of any government, or as a mere pure, unauthorized, unqualified insurrection against the authority of the existing government of the State.

I say, therefore, that, upon that ground, these facts are not facts which this court can inquire into, or which the court below could try; because they are facts going to prove (if they prove any thing) the establishment of a new sovereignty; and that is a question to be settled elsewhere and otherwise. From the very nature of the case, it is not a question to be decided by judicial inquiry. Take, for example, one of the points which it involves. My adversary offered to prove that the constitution was adopted by a majority of the people of Rhode Island; by a large majority, as he alleges. What does this offer call on your honors to do? Why, to ascertain, by proof, what is the number of citizens of Rhode Island, and how many attended the meetings at which the delegates to the convention were elected; and then you have to add them all up, and prove by testimony the qualifications of every one of them to be an elector. It is enough to state such a proposition to show its absurdity. As none such ever was sustained in a court of law, so none can be or ought to be sustained. Observe that minutes of proceedings can be no proof, for they were made by no authentic persons; registers were kept by no warranted officers; chairmen and moderators were chosen without authority. In short, there are no official records; there is no testimony in the case but parol. Chief Justice Durfee has stated this so plainly, that I need not dwell upon it.

But, again, I say you cannot look into the facts attempted to be proved, because of the certainty of the continuance of the old government till the new and legal constitution went into effect on the 3d of May, 1843. To prove that there was another constitution of two days' duration would be ridiculous. And I say that the decision of Rhode Island herself, by her legislature, by her executive, by the adjudication of her highest court of law, on the trial of Dorr, has shut up the whole case. Do you propose,--I will not put it in that form,--but would it be proper for this court to reverse that adjudication? That declares that the judges of Rhode Island know nothing of the "People's Constitution." Is it possible, then, for this court, or for the court below, to know any thing of it?

It appears to me that, if there were nothing else in the case, the proceedings of Rhode Island herself must close everybody's mouth, in the court and out of it. Rhode Island is competent to decide the question herself, and everybody else ought to be bound by her decision. And she has decided it.

And it is but a branch of this to say, according to my second proposition,--

2. That if every thing offered had been proved, if in the nature of the case these facts and proceedings could have been received as proof, the court could not have listened to them, because every one of them is regarded by the State in which they took place as a criminal act. Who can derive any authority from acts declared to be criminal? The very proceedings which are now set up here show that this pretended constitution was founded upon acts which the legislature of the State had provided punishment for, and which the courts of the State have punished. All, therefore, which the plaintiff has attempted to prove, are acts which he was not allowed to prove, because they were criminal in themselves, and have been so treated and punished, so far as the State government, in its discretion, has thought proper to punish them.

3. Thirdly, and lastly, I say that there is no evidence offered, nor has any distinct allegation been made, that there was an actual government established and put in operation to displace the Charter government, even for a single day. That is evident enough. You find the whole embraced in those two days, the 3d and 4th of May. The French revolution was thought to be somewhat rapid. That took three days. But this work was accomplished in two. It is all there, and what is it? Its birth, its whole life, and its death were accomplished in forty-eight hours. What does it appear that the members of this government did? Why, they voted that A should be treasurer, and C, secretary, and Mr. Dorr, governor; and chose officers of the Supreme Court. But did ever any man under that authority attempt to exercise a particle of official power? Did any man ever bring a suit? Did ever an officer make an arrest? Did any act proceed from any member of this government, or from any agent of it, to touch a citizen of Rhode Island in his person, his safety, or his property, so as to make the party answerable upon an indictment or in a civil suit? Never. It never performed one single act of government. It never did a thing in the world! All was patriotism, and all was paper; and with patriotism and with paper it went out on the 4th of May, admitting itself to be, as all must regard it, a contemptible sham!

I have now done with the principles involved in this case, and the questions presented on this record.

In regard to the other case, I have but few words to say. And, first, I think it is to be regretted that the court below sent up such a list of points on which it was divided. I shall not go through them, and shall leave it to the court to say whether, after they shall have disposed of the first cause, there is any thing left. I shall only draw attention to the subject of martial law; and in respect to that, instead of going back to martial law as it existed in England at the time the charter of Rhode Island was granted, I shall merely observe that martial law confers power of arrest, of summary trial, and prompt execution; and that when it has been proclaimed, the land becomes a camp, and the law of the camp is the law of the land. Mr. Justice Story defines martial law to be the law of war, a resort to military authority in cases where the civil law is not sufficient; and it confers summary power, not to be used arbitrarily or for the gratification of personal feelings of hatred or revenge, but for the preservation of order and of the public peace. The officer clothed with it is to judge of the degree of force that the necessity of the case may demand; and there is no limit to this, except such as is to be found in the nature and character of the exigency.

I now take leave of this whole case. That it is an interesting incident in the history of our institutions, I freely admit. That it has come hither is a subject of no regret to me. I might have said, that I see nothing to complain of in the proceedings of what is called the Charter government of Rhode Island, except that it might perhaps have discreetly taken measures at an earlier period for revising the constitution. If in that delay it erred, it was the error into which prudent and cautious men would fall. As to the enormity of freehold suffrage, how long is it since Virginia, the parent of States, gave up her freehold suffrage? How long is it since nobody voted for governor in New York without a freehold qualification? There are now States in which no man can vote for members of the upper branch of the legislature who does not own fifty acres of land. Every State requires more or less of a property qualification in its officers and electors; and it is for discreet legislation, or constitutional provisions, to determine what its amount shall be. Even the Dorr constitution had a property qualification. According to its provisions, for officers of the State, to be sure, anybody could vote; but its authors remembered that taxation and representation go together, and therefore they declared that no man, in any town, should vote to lay a tax for town purposes who had not the means to pay his portion. It said to him, You cannot vote in the town of Providence to levy a tax for repairing the streets of Providence; but you may vote for governor, and for thirteen representatives from the town of Providence, and send them to the legislature, and there they may tax the people of Rhode Island at their sovereign will and pleasure.

I believe that no harm can come of the Rhode Island agitation in 1841, but rather good. It will purify the political atmosphere from some of its noxious mists, and I hope it will clear men's minds from unfounded notions and dangerous delusions. I hope it will bring them to look at the regularity, the order, with which we carry on what, if the word were not so much abused, I would call our glorious representative system of popular government. Its principles will stand the test of this crisis, as they have stood the test and torture of others. They are exposed always, and they always will be exposed, to dangers. There are dangers from the extremes of too much and of too little popular liberty; from monarchy, or military despotism, on one side, and from licentiousness and anarchy on the other. This always will be the case. The classical navigator had been told that he must pass a narrow and dangerous strait:

"Dextrum Scylla latus, laevum implacata Charybdis, Obsidet."

Forewarned he was alive to his danger, and knew, by signs not doubtful, where he was, when he approached its scene:

"Et gemitum ingentem pelagi, pulsataque saxa, Audimus longe, fractasque ad litora voces; Exsultantque vada, atque aestu miscentur arenae. ... Nimirum haec ilia Charybdis!"

The long-seeing sagacity of our fathers enables us to know equally well where we are, when we hear the voices of tumultuary assemblies, and see the turbulence created by numbers meeting and acting without the restraints of law; and has most wisely provided constitutional means of escape and security. When the established authority of government is openly contemned; when no deference is paid to the regular and authentic declarations of the public will; when assembled masses put themselves above the law, and, calling themselves the people, attempt by force to seize on the government; when the social and political order of the state is thus threatened with overthrow, and the spray of the waves of violent popular commotion lashes the stars,--our political pilots may well cry out:

"Nimirum haec illa Charybdis!"

The prudence of the country, the sober wisdom of the people, has thus far enabled us to carry this Constitution, and all our constitutions, through the perils which have surrounded them, without running upon the rocks on one side, or being swallowed up in the eddying whirlpools of the other. And I fervently hope that this signal happiness and good fortune will continue, and that our children after us will exercise a similar prudence, and wisdom, and justice; and that, under the Divine blessing, our system of free government may continue to go on, with equal prosperity, to the end of time.

[Footnote 1: Art. IV. § 4.]

[Footnote 2: Statutes at Large, Vol. I. p. 424.]

[Footnote 3: Mr. Tyler.]

OBJECTS OF THE MEXICAN WAR.

A SPEECH DELIVERED IN THE SENATE OF THE UNITED STATES, ON THE 23D OF MARCH, 1848, ON THE BILL FROM THE HOUSE OF REPRESENTATIVES FOR RAISING A LOAN OF SIXTEEN MILLIONS OF DOLLARS.

[On the 2d of February, 1848, the treaty called a "treaty of peace, friendship, limits, and settlement, between the United States of America and the Mexican Republic," was signed at Guadalupe Hidalgo. This treaty, with the advice and consent of the Senate, was ratified by the President of the United States on the 16th of March. In the mean time, a bill, introduced into the House of Representatives on the 18th of February, to authorize a loan of sixteen millions of dollars for the purpose of carrying on the war, passed through that house, and was considered in the Senate. Other war measures were considered and adopted by the two houses, after the signature and ratification of the treaty. On the 23d of March, the Sixteen Million Loan Bill being under consideration, Mr. Webster spoke as follows.]

MR. PRESIDENT,--On Friday a bill passed the Senate for raising ten regiments of new troops for the further prosecution of the war against Mexico; and we have been informed that that measure is shortly to be followed, in this branch of the legislature, by a bill to raise twenty regiments of volunteers for the same service. I was desirous of expressing my opinions against the object of these bills, against the supposed necessity which leads to their enactment, and against the general policy which they are apparently designed to promote. Circumstances personal to myself, but beyond my control, compelled me to forego, on that day, the execution of that design. The bill now before the Senate is a measure for raising money to meet the exigencies of the government, and to provide the means, as well as for other things, for the pay and support of these thirty regiments.

Sir, the scenes through which we have passed, and are passing, here, are various. For a fortnight the world supposes we have been occupied with the ratification of a treaty of peace, and that within these walls, "the world shut out," notes of peace, and hopes of peace, nay, strong assurances of peace, and indications of peace, have been uttered to console and to cheer us. Sir, it has been over and over stated, and is public, that we have ratified a treaty, of course a treaty of peace, and, as the country has been led to suppose, not of an uncertain, empty, and delusive peace, but of real and substantial, a gratifying and an enduring peace, a peace which would stanch the wounds of war, prevent the further flow of human blood, cut off these enormous expenses, and return our friends, and our brothers, and our children, if they be yet living, from the land of slaughter, and the land of still more dismal destruction by climate, to our firesides and our arms.

Hardly have these halcyon notes ceased upon our ears, when, in resumed public session, we are summoned to fresh warlike operations; to create a new army of thirty thousand men for the further prosecution of the war; to carry the war, in the language of the President, still more dreadfully into the vital parts of the enemy, and to press home, by fire and sword, the claims we make, and the grounds which we insist upon, against our fallen, prostrate, I had almost said, our ignoble enemy. If we may judge from the opening speech of the honorable Senator from Michigan, and from other speeches that have been made upon this floor, there has been no time, from the commencement of the war, when it has been more urgently pressed upon us, not only to maintain, but to increase, our military means; not only to continue the war, but to press it still more vigorously than at present.

Pray, what does all this mean? Is it, I ask, confessed, then,--is it confessed that we are no nearer a peace than we were when we snatched up this bit of paper called, or miscalled, a treaty, and ratified it? Have we yet to fight it out to the utmost, as if nothing pacific had intervened?

I wish, Sir, to treat the proceedings of this and of every department of the government with the utmost respect. The Constitution of this government, and the exercise of its just powers in the administration of the laws under it, have been the cherished object of all my unimportant life. But, if the subject were not one too deeply interesting, I should say our proceedings here may well enough cause a smile. In the ordinary transaction of the foreign relations of this and of all other governments, the course has been to negotiate first, and to ratify afterwards. This seems to be the natural order of conducting intercourse between foreign states. We have chosen to reverse this order. We ratify first, and negotiate afterwards. We set up a treaty, such as we find it and choose to make it, and then send two ministers plenipotentiary to negotiate thereupon in the capital of the enemy. One would think, Sir, the ordinary course of proceeding much the juster; that to negotiate, to hold intercourse, and come to some arrangement, by authorized agents, and then to submit that arrangement to the sovereign authority to which these agents are responsible, would be always the most desirable method of proceeding. It strikes me that the course we have adopted is strange, is even grotesque. So far as I know, it is unprecedented in the history of diplomatic intercourse. Learned gentlemen on the floor of the Senate, interested to defend and protect this course, may, in their extensive reading, have found examples of it. I know of none.

Sir, we are in possession, by military power, of New Mexico and California, countries belonging hitherto to the United States of Mexico. We are informed by the President that it is his purpose to retain them, to consider them as territory fit to be attached to these United States of America; and our military operations and designs now before the Senate are to enforce this claim of the executive of the United States. We are to compel Mexico to agree that the part of her dominions called New Mexico, and that called California, shall be ceded to us. We are in possession, as is said, and she shall yield her title to us. This is the precise object of this new army of thirty thousand men. Sir, it is the identical object, in my judgment, for which the war was originally commenced, for which it has hitherto been prosecuted, and in furtherance of which this treaty is to be used but as one means to bring about this general result; that general result depending, after all, on our own superior power, and on the necessity of submitting to any terms which we may prescribe to fallen, fallen, fallen Mexico!

Sir, the members composing the other house, the more popular branch of the legislature, have all been elected since, I had almost said the fatal, I will say the remarkable, events of the 11th and 13th days of May, 1846. The other house has passed a resolution affirming that "the war with Mexico was begun unconstitutionally and unnecessarily by the executive government of the United States." I concur in that sentiment; I hold that to be the most recent and authentic expression of the will and opinion of the majority of the people of the United States.

There is, Sir, another proposition, not so authentically announced hitherto, but, in my judgment, equally true and equally capable of demonstration; and that is, that this war was begun, has been continued, and is now prosecuted, for the great and leading purpose of the acquisition of new territory, out of which to bring new States, with their Mexican population, into this our Union of the United States.

If unavowed at first, this purpose did not remain unavowed long. However often it may be said that we did not go to war for conquest,

"credat Judaeus Apella, Non ego,"

yet the moment we get possession of territory we must retain it and make it our own. Now I think that this original object has not been changed, has not been varied. Sir, I think it exists in the eyes of those who originally contemplated it, and who began the war for it, as plain, as attractive to them, and from which they no more avert their eyes now than they did then or have done at any time since. We have compelled a treaty of cession; we know in our consciences that it is compelled. We use it as an instrument and an agency, in conjunction with other instruments and other agencies of a more formidable and destructive character, to enforce the cession of Mexican territory, to acquire territory for new States to be added to this Union. We know, every intelligent man knows, that there is no stronger desire in the breast of a Mexican citizen than to retain the territory which belongs to the republic. We know that the Mexican people will part with it, if part they must, with regret, with pangs of sorrow. That we know; we know it is all forced; and therefore, because we know it must be forced, because we know that (whether the government, which we consider our creature, do or do not agree to it) the Mexican people will never accede to the terms of this treaty but through the impulse of absolute necessity, and the impression made upon them by absolute and irresistible force, therefore we purpose to overwhelm them with another army. We purpose to raise another army of ten thousand regulars and twenty thousand volunteers, and to pour them in and upon the Mexican people.

Now, Sir, I should be happy to agree, notwithstanding all this tocsin, and all this cry of all the Semproniuses in the land, that their "voices are still for war,"--I should be happy to agree, and substantially I do agree, to the opinion of the Senator from South Carolina. I think I have myself uttered the sentiment, within a fortnight, to the same effect, that, after all, the war with Mexico is substantially over, that there can be no more fighting. In the present state of things, my opinion is that the people of this country will not sustain the war. They will not go for its heavy expenses; they will not find any gratification in putting the bayonet to the throats of the Mexican people. For my part, I hope the ten regiment bill will never become a law. Three weeks ago I should have entertained that hope with the utmost confidence; events instruct me to abate my confidence. I still hope it will not pass.

And here, I dare say, I shall be called by some a "Mexican Whig." The man who can stand up here and say that he hopes that what the administration projects, and the further prosecution of the war with Mexico requires, may not be carried into effect, must be an enemy to his country, or what gentlemen have considered the same thing, an enemy to the President of the United States, and to his administration and his party. He is a Mexican. Sir, I think very badly of the Mexican character, high and low, out and out; but names do not terrify me. Besides, if I have suffered in this respect, if I have rendered myself subject to the reproaches of these stipendiary presses, these hired abusers of the motives of public men, I have the honor, on this occasion, to be in very respectable company. In the reproachful sense of that term, I don't know a greater Mexican in this body than the honorable Senator from Michigan, the chairman of the Committee on Military Affairs.

MR. CASS. Will the gentleman be good enough to explain what sort of a Mexican I am?

On the resumption of the bill in the Senate the other day, the gentleman told us that its principal object was to frighten Mexico; it would touch his humanity too much to hurt her! He would frighten her--

MR. CASS. Does the gentleman affirm that I said that?

Yes; twice.

MR. CASS. No, Sir, I beg your pardon, I did not say it. I did not say it would touch my humanity to hurt her.

Be it so.

MR. CASS. Will the honorable Senator allow me to repeat my statement of the object of the bill? I said it was twofold: first, that it would enable us to prosecute the war, if necessary; and, second, that it would show Mexico we were prepared to do so; and thus, by its moral effect, would induce her to ratify the treaty.

The gentleman said, that the principal object of the bill was to frighten Mexico, and that this would be more humane than to harm her.

MR. CASS. That's true.

Well, Sir, the remarkable characteristic of that speech, that which makes it so much a Mexican speech, is, that the gentleman spoke it in the hearing of Mexico, as well as in the hearing of this Senate. We are accused here, because what we say is heard by Mexico, and Mexico derives encouragement from what is said here. And yet the honorable member comes forth and tells Mexico that the principal object of the bill is to frighten her! The words have passed along the wires; they are on the Gulf, and are floating away to Vera Cruz; and when they get there, they will signify to Mexico, "After all, ye good Mexicans, my principal object is to frighten you; and to the end that you may not be frightened too much, I have given you this indication of my purpose."

But, Sir, in any view of this case, in any view of the proper policy of this government, to be pursued according to any man's apprehension and judgment, where is the necessity for this augmentation, by regiments, of the military force of the country? I hold in my hand here a note, which I suppose to be substantially correct, of the present military force of the United States. I cannot answer for its entire accuracy, but I believe it to be substantially according to fact. We have twenty-five regiments of regular troops, of various arms; if full, they would amount to 28,960 rank and file, and including officers to 30,296 men. These, with the exception of six or seven hundred men, are now all out of the United States and in field service in Mexico, or en route to Mexico. These regiments are not full; casualties and the climate have sadly reduced their numbers. If the recruiting service were now to yield ten thousand men, it would not more than fill up these regiments, so that every brigadier and colonel and captain should have his appropriate and his full command. Here is a call, then, on the country now for the enlistment of ten thousand men, to fill up the regiments in the foreign service of the United States.

I understand, Sir, that there is a report from General Scott; from General Scott, a man who has performed the most brilliant campaign on recent military record, a man who has warred against the enemy, warred against the climate, warred against a thousand unpropitious circumstances, and has carried the flag of his country to the capital of the enemy, honorably, proudly, humanely, to his own permanent honor, and the great military credit of his country,--General Scott; and where is he? At Puebla! at Puebla, undergoing an inquiry before his inferiors in rank, and other persons without military rank while the high powers he has exercised, and exercised with so much distinction, are transferred to another, I do not say to one unworthy of them, but to one inferior in rank, station, and experience to himself.

But General Scott reports, as I understand, that, in February, there were twenty thousand regular troops under his command and en route, and we have thirty regiments of volunteers for the war. If full, this would make thirty-four thousand men, or, including officers, thirty-five thousand. So that, if the regiments were full, there is at this moment a number of troops, regular and volunteer, of not less than fifty-five or sixty thousand men, including recruits on the way. And with these twenty thousand men in the field, of regular troops, there were also ten thousand volunteers; making, of regulars and volunteers under General Scott, thirty thousand men. The Senator from Michigan knows these things better than I do, but I believe this is very nearly the fact. Now all these troops are regularly officered; there is no deficiency, in the line or in the staff, of officers. They are all full. Where there is any deficiency it consists of men.

Now, Sir, there may be a plausible reason for saying that there is difficulty in recruiting at home for the supply of deficiency in the volunteer regiments. It may be said that volunteers choose to enlist under officers of their own knowledge and selection; they do not incline to enlist as individual volunteers, to join regiments abroad, under officers of whom they know nothing. There may be something in that; but pray what conclusion does it lead to, if not to this, that all these regiments must moulder away, by casualties or disease, until the privates are less in number than the officers themselves.

But however that may be with respect to volunteers, in regard to recruiting for the regular service, in filling up the regiments by pay and bounties according to existing laws, or new laws, if new ones are necessary, there is no reason on earth why we should now create five hundred new officers, for the purpose of getting ten thousand more men. The officers are already there; in that respect there is no deficiency. All that is wanted is men, and there is place for the men; and I suppose no gentleman, here or elsewhere, thinks that recruiting will go on faster than would be necessary to obtain men to fill up the deficiencies in the regiments abroad.

But now, Sir, what do we want of a greater force than we have in Mexico? I am not saying, What do we want of a force greater than we can supply? but, What is the object of bringing these new regiments into the field? What do we propose? There is no army to fight. I suppose there are not five hundred men under arms in any part of Mexico; probably not half that number, except in one place. Mexico is prostrate. It is not the government that resists us. Why, it is notorious that the government of Mexico is on our side, that it is an instrument by which we hope to establish such a peace, and accomplish such a treaty, as we like. As far as I understand the matter, the government of Mexico owes its life and breath and being to the support of our arms, and to the hope, I do not say how inspired, that somehow or other, and at no distant period, she will have the pecuniary means of carrying it on, from our three millions, or our twelve millions, or from some of our other millions.

What do we propose to do, then, with these thirty regiments which it is designed to throw into Mexico? Are we going to cut the throats of her people? Are we to thrust the sword deeper and deeper into the "vital parts" of Mexico? What is it proposed to do? Sir, I can see no object in it; and yet, while we are pressed and urged to adopt this proposition to raise ten and twenty regiments, we are told, and the public is told, and the public believes, that we are on the verge of a safe and an honorable peace. Every one looks every morning for tidings of a confirmed peace, or of confirmed hopes of peace. We gather it from the administration, and from every organ of the administration from Dan to Beersheba. And yet warlike preparations, the incurring of expenses, the imposition of new charges upon the treasury, are pressed here, as if peace were not in all our thoughts, at least not in any of our expectations.

Now, Sir, I propose to hold a plain talk to-day; and I say that, according to my best judgment, the object of the bill is patronage, office, the gratification of friends. This very measure for raising ten regiments creates four or five hundred officers; colonels, subalterns, and not them only, for for all these I feel some respect, but there are also paymasters, contractors, persons engaged in the transportation service, commissaries, even down to sutlers, et id genus omne, people who handle the public money without facing the foe, one and all of whom are true descendants, or if not, true representatives, of Ancient Pistol, who said,

"I shall sutler be Unto the camp, and profits will accrue."

Sir, I hope, with no disrespect for the applicants, and the aspirants, and the patriots (and among them are some sincere patriots) who would fight for their country, and those others who are not ready to fight, but who are willing to be paid,--with due respect for all of them according to their several degrees and their merits, I hope they will all be disappointed. I hope that, as the pleasant season advances, the whole may find it for their interest to place themselves, of mild mornings, in the cars, and take their destination to their respective places of honorable private occupation and of civil employment. They have my good wishes that they may find the way to their homes from the Avenue and the Capitol, and from the purlieus of the President's house, in good health themselves, and that they may find their families all very happy to receive them.

But, Sir, to speak more seriously, this war was waged for the object of creating new States, on the southern frontier of the United States, out of Mexican territory, and with such population as could be found resident thereupon. I have opposed this object. I am against all accessions of territory to form new States. And this is no matter of sentimentality, which I am to parade before mass meetings or before my constituents at home. It is not a matter with me of declamation, or of regret, or of expressed repugnance. It is a matter of firm, unchangeable purpose. I yield nothing to the force of circumstances that have occurred, or that I can consider as likely to occur. And therefore I say, Sir, that, if I were asked to-day whether, for the sake of peace, I would take a treaty for adding two new States to the Union on our southern border, I would say, No! distinctly, No! And I wish every man in the United States to understand that to be my judgment and my purpose.

I said upon our southern border, because the present proposition takes that locality. I would say the same of the western, the northeastern, or of any other border. I resist to-day, and for ever, and to the end, any proposition to add any foreign territory, south or west, north or east, to the States of this Union, as they are constituted and held together under the Constitution. I do not want the colonists of England on the north; and as little do I want the population of Mexico on the south. I resist and reject all, and all with equal resolution. Therefore I say, that, if the question were put to me to-day, whether I would take peace under the present state of the country, distressed as it is, during the existence of a war odious as this is, under circumstances so afflictive as now exist to humanity, and so disturbing to the business of those whom I represent,--I say still, if it were put to me whether I would have peace, with new States, I would say, No! no! And that because, Sir, in my judgment, there is no necessity of being driven into that dilemma. Other gentlemen think differently. I hold no man's conscience; but I mean to make a clean breast of it myself; and I protest that I see no reason, I believe there is none, why we cannot obtain as safe a peace, as honorable and as prompt a peace, without territory as with it. The two things are separable. There is no necessary connection between them. Mexico does not wish us to take her territory, while she receives our money. Far from it. She yields her assent, if she yields it at all, reluctantly, and we all know it. It is the result of force, and there is no man here who does not know that. And let me say, Sir, that, if this Trist paper shall finally be rejected in Mexico, it is most likely to be because those who under our protection hold the power there cannot persuade the Mexican Congress or people to agree to this cession of territory. The thing most likely to break up what we now expect to take place is the repugnance of the Mexican people to part with their territory. They would prefer to keep their territory, and that we should keep our money; as I prefer we should keep our money, and they their territory. We shall see. I pretend to no powers of prediction. I do not know what may happen. The times are full of strange events. But I think it certain that, if the treaty which has gone to Mexico shall fail to be ratified, it will be because of the aversion of the Mexican Congress, or the Mexican people, to cede the territory, or any part of it, belonging to their republic.

I have said that I would rather have no peace for the present, than have a peace which brings territory for new States; and the reason is, that we shall get peace as soon without territory as with it, more safe, more durable, and vastly more honorable to us, the great republic of the world.

But we hear gentlemen say, We must have some territory, the people demand it. I deny it; at least, I see no proof of it whatever. I do not doubt that there are individuals of an enterprising character, disposed to emigrate, who know nothing about New Mexico but that it is far off, and nothing about California but that it is still farther off, who are tired of the dull pursuits of agriculture and of civil life; that there are hundreds and thousands of such persons to whom whatsoever is new and distant is attractive. They feel the spirit of borderers; and the spirit of a borderer, I take it, is to be tolerably contented with his condition where he is, until somebody goes to regions beyond him; and then he is all eagerness to take up his traps and go still farther than he who has thus got in advance of him. With such men the desire to emigrate is an irresistible passion. At least so thought that sagacious observer of human nature, M. de Talleyrand, when he travelled in this country in 1794.

But I say I do not find anywhere any considerable and respectable body of persons who want more territory, and such territory. Twenty-four of us last year in this house voted against the prosecution of the war for territory, because we did not want it, both Southern and Northern men. I believe the Southern gentlemen who concurred in that vote found themselves, even when they had gone against what might be supposed to be local feelings and partialities, sustained on the general policy of not seeking territory, and by the acquisition of territory bringing into our politics certain embarrassing and embroiling questions and considerations. I do not learn that they suffered from the advocacy of such a sentiment. I believe they were supported in it; and I believe that through the greater part of the South, and even of the Southwest, there is no prevalent opinion in favor of acquiring territory, and such territory, and of the augmentation of our population by such an accession. And such, I need not say, is, if not the undivided, the preponderating sentiment of all the North.

But it is said we must take territory for the sake of peace. We must take territory. It is the will of the President. If we do not now take what he offers, we may fare worse. Mr. Polk will take no less, that he is fixed upon, He is immovable. He--has--put--down--his--foot! Well, Sir, he put it down upon "fifty-four forty," but it didn't stay. I speak of the President, as of all Presidents, without disrespect. I know of no reason why his opinion and his will, his purpose, declared to be final, should control us, any more than our purpose, from equally conscientious motives, and under as high responsibilities, should control him. We think he is firm, and will not be moved. I should be sorry, Sir, very sorry indeed, that we should entertain more respect for the firmness of the individual at the head of the government than we entertain for our own firmness. He stands out against us. Do we fear to stand out against him? For one, I do not. It appears to me to be a slavish doctrine. For one, I am willing to meet the issue, and go to the people all over this broad land. Shall we take peace without new States, or refuse peace without new States? I will stand upon that, and trust the people. And I do that because I think it right, and because I have no distrust of the people. I am not unwilling to put it to their sovereign decision and arbitration. I hold this to be a question vital, permanent, elementary, in the future prosperity of the country and the maintenance of the Constitution; and I am willing to trust that question to the people. I prefer that it should go to them, because, if what I take to be a great constitutional principle, or what is essential to its maintenance, is to be broken down, let it be the act of the people themselves; it shall never be my act. I, therefore, do not distrust the people. I am willing to take their sentiment, from the Gulf to the British Provinces, and from the ocean to the Missouri: Will you continue the war for territory, to be purchased, after all, at an enormous price, a price a thousand times the value of all its purchases, or take peace, contenting yourselves with the honor we have reaped by the military achievements of the army? Will you take peace without territory, and preserve the integrity of the Constitution of the country? I am entirely willing to stand upon that question. I will therefore take the issue: Peace, with no new States, keeping our own money ourselves, or war till new States shall be acquired, and vast sums paid. That is the true issue. I am willing to leave that before the people and to the people, because it is a question for themselves. If they support me and think with me, very well. If otherwise, if they will have territory and add new States to the Union, let them do so; and let them be the artificers of their own fortune, for good or for evil.

But, Sir, we tremble before executive power. The truth cannot be concealed. We tremble before executive power! Mr. Polk will take no less than this. If we do not take this, the king's anger may kindle, and he will give us what is worse.

But now, Sir, who and what is Mr. Polk? I speak of him with no manner of disrespect. I mean, thereby, only to ask who and what is the President of the United States for the current moment. He is in the last year of his administration. Formally, officially, it can only be drawn out till the fourth of March, while really and substantially we know that two short months will, or may, produce events that will render the duration of that official term of very little importance. We are on the eve of a Presidential election. That machinery which is employed to collect public opinion or party opinion will be put in operation two months hence. We shall see its result. It may be that the present incumbent of the Presidential office will be again presented to his party friends and admirers for their suffrages for the next Presidential term. I do not say how probable or improbable this is. Perhaps it is not entirely probable. Suppose this not to be the result, what then? Why, then Mr. Polk becomes as absolutely insignificant as any respectable man among the public men of the United States. Honored in private life, valued for his private character, respectable, never eminent, in public life, he will, from the moment a new star arises, have just as little influence as you or I; and, so far as I am concerned, that certainly is little enough.

Sir, political partisans, and aspirants, and office-seekers, are not sunflowers. They do not

"turn to their god when he sets The same look which they turned when he rose."

No, Sir, if the respectable gentleman now at the head of the government be nominated, there will be those who will commend his consistency, who will be bound to maintain it, for the interest of his party friends will require it. It will be done. If otherwise, who is there in the whole length and breadth of the land that will care for the consistency of the present incumbent of the office? There will then be new objects. "Manifest destiny" will have pointed out some other man. Sir, the eulogies are now written, the commendations are already elaborated. I do not say every thing fulsome, but every thing panegyrical, has already been written out, with blanks for names, to be filled when the convention shall adjourn. When "manifest destiny" shall be unrolled, all these strong panegyrics, wherever they may light, made beforehand, laid up in pigeon-holes, studied, framed, emblazoned, and embossed, will all come out; and then there will be found to be somebody in the United States whose merits have been strangely overlooked, marked out by Providence, a kind of miracle, while all will wonder that nobody ever thought of him before, as a fit, and the only fit, man to be at the head of this great republic!

I shrink not, therefore, from any thing that I feel to be my duty, from any apprehension of the importance and imposing dignity, and the power of will, ascribed to the present incumbent of office. But I wish we possessed that power of will. I wish we had that firmness. Yes, Sir, I wish we had adherence. I wish we could gather something from the spirit of our brave forces, who have met the enemy under circumstances most adverse and have stood the shock. I wish we could imitate Zachary Taylor in his bivouac on the field of Buena Vista. He said he "would remain for the night; he would feel the enemy in the morning, and try his position." I wish, before we surrender, we could make up our minds to "feel the enemy, and try his position," and I think we should find him, as Taylor did, under the early sun, on his way to San Luis Potosi. That is my judgment.

But, Sir, I come to the all-absorbing question, more particularly, of the creation of New States.

Some years before I entered public life, Louisiana had been obtained under the treaty with France. Shortly after, Florida was obtained under the treaty with Spain. These two countries were situated on our frontier, and commanded the outlets of the great rivers which flow into the Gulf. As I have had occasion to say, in the first of these instances, the President of the United States[1] supposed that an amendment of the Constitution was required. He acted upon that supposition. Mr. Madison was Secretary of State, and, upon the suggestion of the President, proposed that the proper amendment to the Constitution should be submitted, to bring Louisiana into the Union. Mr. Madison drew it, and submitted it to Mr. Adams, as I have understood. Mr. Madison did not go upon any general idea that new States might be admitted; he did not proceed to a general amendment of the Constitution in that respect. The amendment which he proposed and submitted to Mr. Adams was a simple declaration, by a new article, that "the Province of Louisiana is hereby declared to be part and parcel of the United States." But public opinion, seeing the great importance of the acquisition, took a turn favorable to the affirmation of the power. The act was acquiesced in, and Louisiana became a part of the Union, without any amendment of the Constitution.

On the example of Louisiana, Florida was admitted.

Now, Sir, I consider those transactions as passed, settled, legalized. There they stand as matters of political history. They are facts against which it would be idle at this day to contend.

My first agency in matters of this kind was upon the proposition for admitting Texas into this Union. That I thought it my duty to oppose, upon the general ground of opposing all formation of new States out of foreign territory, and, I may add, and I ought to add in justice, of States in which slaves were to be represented in the Congress of the United States. I was opposed to this on the ground of its inequality. It happened to me, Sir, to be called upon to address a political meeting in New York, in 1837, soon after the recognition of Texan Independence. I state now, Sir, what I have often stated before, that no man, from the first, has been a more sincere well-wisher to the government and the people of Texas than myself. I looked upon the achievement of their independence in the battle of San Jacinto as an extraordinary, almost a marvellous, incident in the affairs of mankind. I was among the first disposed to acknowledge her independence. But from the first, down to this moment, I have opposed, as far as I was able, the annexation of new States to this Union. I stated my reasons on the occasion now referred to, in language which I have now before me, and which I beg to present to the Senate.

Mr. Webster here read the passage from his speech at Niblo's Saloon, New York, which will be found in a previous part of this work, pages 429, 430, beginning, "But it cannot be disguised, Gentlemen, that a desire, or an intention, is already manifested to annex Texas to the United States."

Well, Sir, for a few years I held a position in the executive administration of the government. I left the Department of State in 1843, in the month of May. Within a month after, another (an intelligent gentleman, for whom I cherished a high respect, and who came to a sad and untimely end) had taken my place, I had occasion to know, not officially, but from circumstances, that the annexation of Texas was taken up by Mr. Tyler's administration as an administration measure. It was pushed, pressed, insisted on; and I believe the honorable gentleman to whom I have referred[2] had something like a passion for the accomplishment of this purpose. And I am afraid that the President of the United States[3] at that time suffered his ardent feelings not a little to control his more prudent judgment. At any rate, I saw, in 1843, that annexation had become a purpose of the administration. I was not in Congress nor in public life. But, seeing this state of things, I thought it my duty to admonish the country, so far as I could, of the existence of that purpose. There are gentlemen at the North, many of them, there are gentlemen now in the Capitol, who know that, in the summer of 1843, being fully persuaded that this purpose was embraced with zeal and determination by the executive department of the government of the United States, I thought it my duty, and asked them to concur with me in the attempt, to make that purpose known to the country. I conferred with gentlemen of distinction and influence. I proposed means for exciting public attention to the question of annexation, before it should have become a party question; for I had learned that, when any topic becomes a party question, it is in vain to argue upon it.

But the optimists and the quietists, and those who said, All things are well, and let all things alone, discouraged, discountenanced, and repressed any such effort. The North, they said, could take care of itself; the country could take care of itself, and would not sustain Mr. Tyler in his project of annexation. When the time should come, they said, the power of the North would be felt, and would be found sufficient to resist and prevent the consummation of the measure. And I could now refer to paragraphs and articles in the most respectable and leading journals of the North, in which it was attempted to produce the impression that there was no danger; there could be no addition of new States, and men need not alarm themselves about that.

I was not in Congress, Sir, when the preliminary resolutions, providing for the annexation of Texas, passed. I only know that, up to a very short period before the passage of those resolutions, the impression in that part of the country of which I have spoken was, that no such measure could be adopted. But I have found, in the course of thirty years' experience, that whatever measures the executive government may embrace and push are quite likely to succeed in the end. There is always a giving way somewhere. The executive government acts with uniformity, with steadiness, with entire unity of purpose. And sooner or later, often enough, and, according to my construction of our history, quite too often, it effects its purposes. In this way it becomes the predominating power of the government.

Well, Sir, just before the commencement of the present administration, the resolutions for the annexation of Texas were passed in Congress. Texas complied with the provisions of those resolutions, and was here, or the case was here, on the 22d day of December, 1845, for her final admission into the Union, as one of the States. I took occasion then to say, that I hoped I had shown all proper regard for Texas; that I had been certainly opposed to annexation; that, if I should go over the whole matter again, I should have nothing new to add; that I had acted, all along, under the unanimous declaration of all parties, and of the legislature of Massachusetts; that I thought there must be some limit to the extent of our territories, and that I wished this country should exhibit to the world the example of a powerful republic, without greediness and hunger of empire. And I added, that while I held, with as much faithfulness as any citizen of the country, to all the original arrangements and compromises of the Constitution under which we live, I never could, and I never should, bring myself to be in favor of the admission of any States into the Union as slave-holding States; and I might have added, any States at all, to be formed out of territories not now belonging to us.

Now, as I have said, in all this I acted under the resolutions of the State of Massachusetts, certainly concurrent with my own judgment, so often repeated, and reaffirmed by the unanimous consent of all men of all parties, that I could not well go through the series, pointing out, not only the impolicy, but the unconstitutionality, of such annexation. If a State proposes to come into the Union, and to come in as a slave State, then there is an augmentation of the inequality in the representation of the people; an inequality already existing, with which I do not quarrel, and which I never will attempt to alter, but shall preserve as long as I have a vote to give, or any voice in this government, because it is a part of the original compact. Let it stand. But then there is another consideration of vastly more general importance even than that; more general, because it affects all the States, free and slave-holding; and it is, that, if States formed out of territories thus thinly populated come into the Union, they necessarily and inevitably break up the relation existing between the two branches of the government, and destroy its balance. They break up the intended relation between the Senate and the House of Representatives. If you bring in new States, any State that comes in must have two Senators. She may come in with fifty or sixty thousand people, or more. You may have, from a particular State, more Senators than you have Representatives. Can any thing occur to disfigure and derange the form of government under which we live more signally than that? Here would be a Senate bearing no proportion to the people, out of all relation to them, by the addition of new States; from some of them only one Representative, perhaps, and two Senators, whereas the larger States may have ten, fifteen, or even thirty Representatives, and but two Senators. The Senate, augmented by these new Senators coming from States where there are few people, becomes an odious oligarchy. It holds power without any adequate constituency. Sir, it is but "borough-mongering" upon a large scale. Now, I do not depend upon theory; I ask the Senate and the country to look at facts, to see where we were when we made our departure three years ago, and where we now are; and I leave it to the imagination to conjecture where we shall be.

We admitted Texas,--one State for the present; but, Sir, if you refer to the resolutions providing for the annexation of Texas, you find a provision that it shall be in the power of Congress hereafter to make four new States out of Texan territory. Present and prospectively, five new States, with ten Senators, may come into the Union out of Texas. Three years ago we did this; we now propose to make two States. Undoubtedly, if we take, as the President recommends, New Mexico and California, there must then be four new Senators. We shall then have provided, in these territories out of the United States along our southern borders, for the creation of States enough to send fourteen Senators into this chamber. Now, what will be the relation between these Senators and the people they represent, or the States from which they come? I do not understand that there is any very accurate census of Texas. It is generally supposed to contain one hundred and fifty thousand persons. I doubt whether it contains above one hundred thousand.

MR. MANGUM. It contains one hundred and forty-nine thousand.

My honorable friend on my left says, a hundred and forty-nine thousand. I put it down, then, one hundred and fifty thousand. Well, Sir, Texas is not destined, probably, to be a country of dense population. We will suppose it to have at the present time a population of near one hundred and fifty thousand. New Mexico may have sixty or seventy thousand inhabitants; say seventy thousand. In California, there are not supposed to be above twenty-five thousand men; but undoubtedly, if this territory should become ours, persons from Oregon, and from our Western States, will find their way to San Francisco, where there is some good land, and we may suppose they will shortly amount to sixty or seventy thousand. We will put them down at seventy thousand. Then the whole territory in this estimate, which is as high as any man puts it, will contain two hundred and ninety thousand persons, and they will send us, whenever we ask for them, fourteen Senators; a population less than that of the State of Vermont, and not the eighth part of that of New York. Fourteen Senators, and not as many people as Vermont, and no more people than New Hampshire! and not so many people as the good State of New Jersey!

But then, Sir, Texas claims to the line of the Rio Grande, and if it be her true line, why then of course she absorbs a considerable part, nay, the greater part, of the population of what is now called New Mexico. I do not argue the question of the true southern or western line of Texas; I only say, that it is apparent to everybody who will look at the map, and learn any thing of the matter, that New Mexico cannot be divided by this river, the Rio Grande, which is a shallow, fordable, insignificant stream, creeping along through a narrow valley, at the base of enormous mountains. New Mexico must remain together; it must be a State, with its seventy thousand people, and so it will be; and so will California.

But then, Sir, suppose Texas to remain a unit, and but one State for the present; still we shall have three States, Texas, New Mexico, and California. We shall have six Senators, then, for less than three hundred thousand people. We shall have as many Senators for three hundred thousand people in that region as we have for New York, Pennsylvania, and Ohio, with four or five millions of people; and that is what we call an equal representation! Is not this enormous? Have gentlemen considered this? Have they looked at it? Are they willing to look it in the face, and then say they embrace it? I trust, Sir, the people will look at it and consider it. And now let me add, that this disproportion can never be diminished; it must remain for ever. How are you going to diminish it? Why, here is Texas, with a hundred and forty-nine thousand people, with one State. Suppose that population should flow into Texas, where will it go? Not to any dense point, but to be spread over all that region, in places remote from the Gulf, in places remote from what is now the capital of Texas; and therefore, as soon as there are in other portions of Texas people enough within our common construction of the Constitution and our practice in respect to the admission of States, my honorable friend from Texas[4] will have a new State, and I have no doubt he has chalked it out already.

As to New Mexico, its population is not likely to increase. It is a settled country; the people living along in the bottom of the valley on the sides of a little stream, a garter of land only on one side and the other, filled by coarse landholders and miserable peons. It can sustain, not only under this cultivation, but under any cultivation that our American race would ever submit to, no more people than are there now. There will, then, be two Senators for sixty thousand inhabitants in New Mexico to the end of our lives and to the end of the lives of our children.

And how is it with California? We propose to take California, from the forty-second degree of north latitude down to the thirty-second. We propose to take ten degrees along the coast of the Pacific. Scattered along the coast for that great distance are settlements and villages and ports; and in the rear all is wilderness and barrenness, and Indian country. But if, just about San Francisco, and perhaps Monterey, emigrants enough should settle to make up one State, then the people five hundred miles off would have another State. And so this disproportion of the Senate to the people will go on, and must go on, and we cannot prevent it.

I say, Sir, that, according to my conscientious conviction, we are now fixing on the Constitution of the United States, and its frame of government, a monstrosity, a disfiguration, an enormity! Sir, I hardly dare trust myself. I don't know but I may be under some delusion. It may be the weakness of my eyes that forms this monstrous apparition. But, if I may trust myself, if I can persuade myself that I am in my right mind, then it does appear to me that we in this Senate have been and are acting, and are likely to be acting hereafter, and immediately, a part which will form the most remarkable epoch in the history of our country. I hold it to be enormous, flagrant, an outrage upon all the principles of popular republican government, and on the elementary provisions of the Constitution under which we live, and which we have sworn to support.

But then, Sir, what relieves the case from this enormity? What is our reliance? Why, it is that we stipulate that these new States shall only be brought in at a suitable time. And pray, what is to constitute the suitableness of time? Who is to judge of it? I tell you, Sir, that suitable time will come when the preponderance of party power here makes it necessary to bring in new States. Be assured it will be a suitable time when votes are wanted in this Senate. We have had some little experience of that. Texas came in at a "suitable time," a very suitable time! Texas was finally admitted in December, 1845. My friend near me here, for whom I have a great regard, and whose acquaintance I have cultivated with pleasure,[5] took his seat in March, 1846, with his colleague. In July, 1846, these two Texan votes turned the balance in the Senate, and overthrew the tariff of 1842, in my judgment the best system of revenue ever established in this country. Gentlemen on the opposite side think otherwise. They think it fortunate. They think that was a suitable time, and they mean to take care that other times shall be equally suitable. I understand it perfectly well. That is the difference of opinion between me and these honorable gentlemen. To their policy, their objects, and their purposes the time was suitable, and the aid was efficient and decisive.

Sir, in 1850 perhaps a similar question may be agitated here. It is not likely to be before that time, but agitated it will be then, unless a change in the administration of the government shall take place. According to my apprehension, looking at general results as flowing from our established system of commerce and revenue, in two years from this time we shall probably be engaged in a new revision of our system: in the work of establishing, if we can, a tariff of specific duties; of protecting, if we can, our domestic industry and the manufactures of the country; in the work of preventing, if we can, the overwhelming flood of foreign importations. Suppose that to be part of the future: that would be exactly the "suitable time," if necessary, for two Senators from New Mexico to make their appearance here!

But, again, we hear another halcyon, soothing tone, which quiets none of my alarms, assuages none of my apprehensions, commends me to my nightly rest with no more resignation. And that is, the plea that we may trust the popular branch of the legislature, we may look to the House of Representatives, to the Northern and Middle States and even the sound men of the South, and trust them to take care that States be not admitted sooner than they should be, or for party purposes. I am compelled, by experience, to distrust all such reliances. If we cannot rely on ourselves, when we have the clear constitutional authority competent to carry us through, and the motives intensely powerful, I beg to know how we can rely on others. Have we more reliance on the patriotism, the firmness, of others, than on our own?

Besides, experience shows us that things of this sort may be sprung upon Congress and the people. It was so in the case of Texas. It was so in the Twenty-eighth Congress. The members of that Congress were not chosen to decide the question of annexation or no annexation. They came in on other grounds, political and party, and were supported for reasons not connected with that question. What then? The administration sprung upon them the question of annexation. It obtained a snap judgment upon it, and carried the measure of annexation. That is indubitable, as I could show by many instances, of which I shall state only one.

Four gentlemen from the State of Connecticut were elected before the question arose, belonging to the dominant party. They had not been here long before they were committed to annexation; and when it was known in Connecticut that annexation was in contemplation, remonstrances, private, public, and legislative, were uttered, in tones that any one could hear who could hear thunder. Did they move them? Not at all. Every one of them voted for annexation! The election came on, and they were turned out, to a man. But what did those care who had had the benefit of their votes? Such agencies, if it be not more proper to call them such instrumentalities, retain respect no longer than they continue to be useful.

Sir, we take New Mexico and California; who is weak enough to suppose that there is an end? Don't we hear it avowed every day, that it would be proper also to take Sonora, Tamaulipas, and other provinces of Northern Mexico? Who thinks that the hunger for dominion will stop here of itself? It is said, to be sure, that our present acquisitions will prove so lean and unsatisfactory, that we shall seek no further. In my judgment, we may as well say of a rapacious animal, that, if he has made one unproductive hunt, he will not try for a better foray.

But further. There are some things one can argue against with temper, and submit to, if overruled, without mortification. There are other things that seem to affect one's consciousness of being a sensible man, and to imply a disposition to impose upon his common sense. And of this class of topics, or pretences, I have never heard of any thing, and I cannot conceive of any thing, more ridiculous in itself, more absurd, and more affrontive to all sober judgment, than the cry that we are getting indemnity by the acquisition of New Mexico and California. I hold they are not worth a dollar; and we pay for them vast sums of money! We have expended, as everybody knows, large treasures in the prosecution of the war; and now what is to constitute this indemnity? What do gentlemen mean by it? Let us see a little how this stands. We get a country; we get, in the first instance, a cession, or an acknowledgment of boundary, (I care not which way you state it,) of the country between the Nueces and the Rio Grande. What this country is appears from a publication made by a gentleman in the other house.[6] He speaks of the country in the following manner:--

"The country from the Nueces to the valley of the Rio Grande is poor, sterile, sandy, and barren, with not a single tree of any size or value on our whole route. The only tree which we saw was the musquit-tree, and very few of these. The musquit is a small tree, resembling an old and decayed peach-tree. The whole country may be truly called a perfect waste, uninhabited and uninhabitable. There is not a drop of running water between the two rivers, except in the two small streams of San Salvador and Santa Gertrudis, and these only contain water in the rainy season. Neither of them had running water when we passed them. The chaparral commences within forty or fifty miles of the Rio Grande. This is poor, rocky, and sandy; covered with prickly-pear, thistles, and almost every sticking thing, constituting a thick and perfectly impenetrable undergrowth. For any useful or agricultural purpose, the country is not worth a sous.

"So far as we were able to form any opinion of this desert upon the other routes which had been travelled, its character, everywhere between the two rivers, is pretty much the same. We learned that the route pursued by General Taylor, south of ours, was through a country similar to that through which we passed; as also was that travelled by General Wool from San Antonio to Presidio on the Rio Grande. From what we both saw and heard, the whole command came to the conclusion which I have already expressed, that it was worth nothing. I have no hesitation in saying, that I would not hazard the life of one valuable and useful man for every foot of land between San Patricio and the valley of the Rio Grande. The country is not now, and can never be, of the slightest value."

Major Gaines has been there lately. He is a competent observer. He is contradicted by nobody. And so far as that country is concerned, I take it for granted that it is not worth a dollar.

Now of New Mexico, what of that! Forty-nine fiftieths, at least, of the whole of New Mexico, are a barren waste, a desert plain of mountain, with no wood, no timber. Little fagots for lighting a fire are carried thirty or forty miles on mules. There is no fall of rain there, as in temperate climates. It is Asiatic in scenery altogether: enormously high mountains, running up some of them ten thousand feet, with narrow valleys at their bases, through which streams sometimes trickle along. A strip, a garter, winds along, through which runs the Rio Grande, from far away up in the Rocky Mountains to latitude 33°, a distance of three or four hundred miles. There these sixty thousand persons reside. In the mountains on the right and left are streams which, obeying the natural tendency as tributaries, should flow into the Rio Grande, and which, in certain seasons, when rains are abundant, do, some of them, actually reach the Rio Grande; while the greater part always, and all for the greater part of the year, never reach an outlet to the sea, but are absorbed in the sands and desert plains of the country. There is no cultivation there. There is cultivation where there is artificial watering or irrigation, and nowhere else. Men can live only in the narrow valley, and in the gorges of the mountains which rise round it, and not along the course of the streams which lose themselves in the sands.

Now there is no public domain in New Mexico, not a foot of land, to the soil of which we shall obtain title. Not an acre becomes ours when the country becomes ours. More than that, the country is as full of people, such as they are, as it is likely to be. There is not the least thing in it to invite settlement from the fertile valley of the Mississippi. And I undertake to say, there would not be two hundred families of persons who would emigrate from the United States to New Mexico, for agricultural purposes, in fifty years. They could not live there. Suppose they were to cultivate the lands; they could only make them productive in a slight degree by irrigation or artificial watering. The people there produce little, and live on little. That is not the characteristic, I take it, of the people of the Eastern or of the Middle States, or of the Valley of the Mississippi. They produce a good deal, and they consume a good deal.

Again, Sir, New Mexico is not like Texas. I have hoped, and I still hope, that Texas will be filled up from among ourselves, not with Spaniards, not with peons; that its inhabitants will not be Mexican landlords, with troops of slaves, predial or otherwise.

Mr. Rusk here rose, and said that he disliked to interrupt the Senator, and therefore he had said nothing while he was describing the country between the Nueces and the Rio Grande; but he wished now to say, that, when that country comes to be known, it will be found to be as valuable as any part of Texas. The valley of the Rio Grande is valuable from its source to its mouth. But he did not look upon that as indemnity; he claimed that as the right of Texas. So far as the Mexican population is concerned, there is a good deal of it in Texas; and it comprises many respectable persons, wealthy, intelligent, and distinguished. A good many are now moving in from New Mexico, and settling in Texas.

I take what I say from Major Gaines. But I am glad to hear that any part of New Mexico is fit for the foot of civilized man. And I am glad, moreover, that there are some persons in New Mexico who are not so blindly attached to their miserable condition as not to make an effort to come out of their country, and get into a better.

Sir, I would, if I had time, call the attention of the Senate to an instructive speech made in the other house by Mr. Smith of Connecticut. He seems to have examined all the authorities, to have conversed with all the travellers, to have corresponded with all our agents. His speech contains communications from all of them; and I commend it to every man in the United States who wishes to know what we are about to acquire by the annexation of New Mexico.

New Mexico is secluded, isolated, a place by itself, in the midst and at the foot of vast mountains, five hundred miles from the settled part of Texas, and as far from anywhere else! It does not belong anywhere! It has no belongings about it! At this moment it is absolutely more retired and shut out from communication with the civilized world than Hawaii or any of the other islands of the Pacific sea. In seclusion and remoteness, New Mexico may press hard on the character and condition of Typee. And its people are infinitely less elevated, in morals and condition, than the people of the Sandwich Islands. We had much better have Senators from Oahu. They are far less intelligent than the better class of our Indian neighbors. Commend me to the Cherokees, to the Choctaws; if you please, speak of the Pawnees, of the Snakes, the Flatfeet, of any thing but the Digging Indians, and I will be satisfied not to take the people of New Mexico. Have they any notion of our institutions, or of any free institutions? Have they any notion of popular government? Not the slightest! Not the slightest on earth! When the question is asked, What will be their constitution? it is farcical to talk of such people making a constitution for themselves. They do not know the meaning of the term, they do not know its import. They know nothing at all about it; and I can tell you, Sir, that when they are made a Territory, and are to be made a State, such a constitution as the executive power of this government may think fit to send them will be sent, and will be adopted. The constitution of our fellow citizens of New Mexico will be framed in the city of Washington.

Now what says in regard to all Mexico Colonel Hardin, that most lamented and distinguished officer, honorably known as a member of the other house, and who has fallen gallantly fighting in the service of his country? Here is his description:--

"The whole country is miserably watered. Large districts have no water at all. The streams are small, and at great distances apart. One day we marched on the road from Monclova to Parras thirty-five miles without water, a pretty severe day's marching for infantry.

"Grass is very scarce, and indeed there is none at all in many regions for miles square. Its place is supplied with prickly-pear and thorny bushes. There is not one acre in two hundred, more probably not one in five hundred, of all the land we have seen in Mexico, which can ever be cultivated; the greater portion of it is the most desolate region I could ever have imagined. The pure granite hills of New England are a paradise to it, for they are without the thorny briers and venomous reptiles which infest the barbed barrenness of Mexico. The good land and cultivated spots in Mexico are but dots on the map. Were it not that it takes so very little to support a Mexican, and that the land which is cultivated yields its produce with little labor, it would be surprising how its sparse population is sustained. All the towns we have visited, with perhaps the exception of Parras, are depopulating, as is also the whole country.

"The people are on a par with their land. One in two hundred or five hundred is rich, and lives like a nabob; the rest are peons, or servants sold for debt, who work for their masters, and are as subservient as the slaves of the South, and look like Indians, and, indeed, are not more capable of self-government. One man, Jacobus Sanchez, owns three fourths of all the land our column has passed over in Mexico. We are told we have seen the best part of Northern Mexico; if so, the whole of it is not worth much.

"I came to Mexico in favor of getting or taking enough of it to pay the expenses of the war. I now doubt whether all Northern Mexico is worth the expenses of our column of three thousand men. The expenses of the war must be enormous; we have paid enormous prices for every thing, much beyond the usual prices of the country."

There it is. That's all North Mexico; and New Mexico is not the better part of it.

Sir, there is a recent traveller, not unfriendly to the United States, if we may judge from his work, for he speaks well of us everywhere; an Englishman, named Ruxton. He gives an account of the morals and the manners of the population of New Mexico. And, Mr. President and Senators, I shall take leave to introduce you to these soon to be your respected fellow-citizens of New Mexico:--

"It is remarkable that, although existing from the earliest times of the colonization of New Mexico, a period of two centuries, in a state of continual hostility with the numerous savage tribes of Indians who surround their territory, and in constant insecurity of life and property from their attacks, being also far removed from the enervating influences of large cities, and, in their isolated situation, entirely dependent upon their own resources, the inhabitants are totally destitute of those qualities which, for the above reasons, we might naturally have expected to distinguish them, and are as deficient in energy of character and physical courage as they are in all the moral and intellectual qualities. In their social state but one degree removed from the veriest savages, they might take a lesson even from these in morality and the conventional decencies of life. Imposing no restraint on their passions, a shameless and universal concubinage exists, and a total disregard of morality, to which it would be impossible to find a parallel in any country calling itself civilized. A want of honorable principle, and consummate duplicity and treachery, characterize all their dealings. Liars by nature, they are treacherous and faithless to their friends, cowardly and cringing to their enemies; cruel, as all cowards are, they unite savage ferocity with their want of animal courage; as an example of which, their recent massacre of Governor Bent, and other Americans, may be given, one of a hundred instances."

These, Sir, are soon to be our beloved countrymen!

Mr. President, for a good many years I have struggled in opposition to every thing which I thought tended to strengthen the arm of executive power. I think it is growing more and more formidable every day. And I think that by yielding to it in this, as in other instances, we give it a strength which it will be difficult hereafter to resist. I think that it is nothing less than the fear of executive power which induces us to acquiesce in the acquisition of territory; fear, fear, and nothing else.

In the little part which I have acted in public life, it has been my purpose to maintain the people of the United States, what the Constitution designed to make them, one people, one in interest, one in character, and one in political feeling. If we depart from that, we break it all up. What sympathy can there be between the people of Mexico and California and the inhabitants of the Valley of the Mississippi and the Eastern States in the choice of a President? Do they know the same man? Do they concur in any general constitutional principles? Not at all.

Arbitrary governments may have territories and distant possessions, because arbitrary governments may rule them by different laws and different systems. Russia may rule in the Ukraine and the provinces of the Caucasus and Kamtschatka by different codes, ordinances, or ukases. We can do no such thing. They must be of us, part of us, or else strangers.

I think I see that in progress which will disfigure and deform the Constitution. While these territories remain territories, they will be a trouble and an annoyance; they will draw after them vast expenses; they will probably require as many troops as we have maintained during the last twenty years to defend them against the Indian tribes. We must maintain an army at that immense distance. When they shall become States, they will be still more likely to give us trouble.

I think I see a course adopted which is likely to turn the Constitution of the land into a deformed monster, into a curse rather than a blessing; in fact, a frame of an unequal government, not founded on popular representation, not founded on equality, but on the grossest inequality; and I think that this process will go on, or that there is danger that it will go on, until this Union shall fall to pieces. I resist it, to-day and always! Whoever falters or whoever flies, I continue the contest!

I know, Sir, that all the portents are discouraging. Would to God I could auspicate good influences! Would to God that those who think with me, and myself, could hope for stronger support! Would that we could stand where we desire to stand! I see the signs are sinister. But with few, or alone, my position is fixed. If there were time, I would gladly awaken the country. I believe the country might be awakened, although it may be too late. For myself, supported or unsupported, by the blessing of God, I shall do my duty. I see well enough all the adverse indications. But I am sustained by a deep and a conscientious sense of duty; and while supported by that feeling, and while such great interests are at stake, I defy auguries, and ask no omen but my country's cause!

[Footnote 1: Mr. Jefferson.]

[Footnote 2: Mr. Upshur.]

[Footnote 3: Mr. Tyler.]

[Footnote 4: Mr. Rusk.]

[Footnote 5: Mr. Rusk.]

[Footnote 6: Major Gaines.]

EXCLUSION OF SLAVERY FROM THE TERRITORIES.

REMARKS MADE IN THE SENATE OF THE UNITED STATES, ON THE 12TH OF AUGUST, 1848.

[In the course of the first session of the Thirtieth Congress, a bill passed the House of Representatives to organize a government for the Territory of Oregon. This bill received several amendments on its passage through the Senate, and among them one moved by Mr. Douglass of Illinois, on the 10th of August, by which the eighth section of the law of the 6th of March, 1820, for the admission of Missouri, was revived and adopted, as a part of the bill, and declared to be "in full force, and binding, for the future organization of the territories of the United States, in the same sense and with the same understanding with which it was originally adopted."

This, with some of the other amendments of the Senate, was disagreed to by the House. On the return of the bill to the Senate, a discussion arose, and continued for several days, on the question of agreement or disagreement with the amendments of the House to the Senate's amendments.

The principal subject of this discussion was whether the Senate would recede from the above-mentioned amendment moved by Mr. Douglass, which was finally decided in the affirmative. In these discussions, a considerable portion of which was of a conversational character, Mr. Webster took a leading part; but of most of what was said by him, as by other Senators, no report has been preserved. The session of the Senate at which the last and most animated discussion of this subject took place, nominally on Saturday of the 12th of August, was prolonged till ten o'clock, A.M., of Sunday, the 13th. In the course of the debate on this day Mr. Webster spoke as follows.]

I am very little inclined to prolong this debate, and I hope I am utterly disinclined to bring into it any new warmth or excitement. I wish to say a few words, however, first, upon the question as it is presented to us, as a parliamentary question; and secondly, upon the general political questions involved in the debate.

As a question of parliamentary proceeding, I understand the case to be this. The House of Representatives sent us a bill for the establishment of a territorial government in Oregon; and no motion has been made in the Senate to strike out any part of that bill. The bill purporting to respect Oregon, simply and alone, has not been the subject of any objection in this branch of the legislature. The Senate has proposed no important amendment to this bill, affecting Oregon itself; and the honorable member from Missouri[1] was right, entirely right, when he said that the amendment now under consideration had no relation to Oregon. That is perfectly true; and therefore the amendment which the Senate has adopted, and the House has disagreed to, has no connection with the immediate subject before it. The truth is, that it is an amendment by which the Senate wished to have now a public, legal declaration, not respecting Oregon, but respecting the newly acquired territories of California and New Mexico. It wishes now to make a line of slavery, which shall include those new territories. The amendment says that the line of the "Missouri Compromise" shall be the line to the Pacific, and then goes on to say, in the language of the bill as it now stands, that the Ordinance of 1787 shall be applicable to Oregon; and therefore I say that the amendment proposed is foreign to the immediate object of the bill. It does nothing to modify, restrain, or affect, in any way, the government which we propose to establish over Oregon, or the condition or character of that government, or of the people under it. In a parliamentary view, this is the state of the case.

Now, Sir, this amendment has been attached to this bill by a strong majority of the Senate. That majority had the right, as it had the power, to pass it. The House disagreed to that amendment. If the majority of the Senate, who attached it to the bill, are of opinion that a conference with the House will lead to some adjustment of the question, by which this amendment, or something equivalent to it, may be adopted by the House, it is very proper for them to urge a conference. It is very fair, quite parliamentary, and there is not a word to be said against it. But my position is that of one who voted against the amendment, who thinks that it ought not to be attached to this bill; and therefore I naturally vote for the motion to get rid of it, that is, "to recede."

So much for the parliamentary question. Now there are two or three political questions arising in this case, which I wish to state dispassionately; not to argue, but to state. The honorable member from Georgia,[2] for whom I have great respect, and with whom it is my delight to cultivate personal friendship, has stated, with great propriety, the importance of this question. He has said, that it is a question interesting to the South and to the North, and one which may very well also attract the attention of mankind. He has not stated any part of this too strongly. It is such a question. Without doubt, it is a question which may well attract the attention of mankind. On the subjects involved in this debate, the whole world is not now asleep. It is wide awake; and I agree with the honorable member, that, if what is now proposed to be done by us who resist this amendment is, as he supposes, unjust and injurious to any portion of this community, or against its constitutional rights, that injustice should be presented to the civilized world, and we, who concur in the proceeding, ought to submit ourselves to its rebuke. I am glad that the honorable gentleman proposes to refer this question to the great tribunal of Modern Civilization, as well as the great tribunal of the American People. It is proper. It is a question of magnitude enough, of interest enough, to all the civilized nations of the earth, to call from those who support the one side or the other a statement of the grounds upon which they act.

Now I propose to state as briefly as I can the grounds upon which I proceed, historical and constitutional; and will endeavor to use as few words as possible, so that I may relieve the Senate from hearing me at the earliest possible moment. In the first place, to view the matter historically. This Constitution, founded in 1787, and the government under it, organized in 1789, do recognize the existence of slavery in certain States then belonging to the Union, and a particular description of slavery. I hope that what I am about to say may be received without any supposition that I intend the slightest disrespect. But this particular description of slavery does not, I believe, now exist in Europe, nor in any other civilized portion of the habitable globe. It is not a predial slavery. It is not analogous to the case of the predial slaves, or slaves glebae adscripti of Russia, or Hungary, or other states. It is a peculiar system of personal slavery, by which the person who is called a slave is transferable as a chattel, from hand to hand. I speak of this as a fact; and that is the fact. And I will say further, perhaps other gentlemen may remember the instances, that although slavery, as a system of servitude attached to the earth, exists in various countries of Europe, I am not at the present moment aware of any place on the globe in which this property of man in a human being as a slave, transferable as a chattel, exists, except America. Now, that it existed, in the form in which it still exists, in certain States, at the formation of this Constitution, and that the framers of that instrument, and those who adopted it, agreed that, as far as it existed, it should not be disturbed or interfered with by the new general government, there is no doubt.

The Constitution of the United States recognizes it as an existing fact, an existing relation between the inhabitants of the Southern States. I do not call it an "institution," because that term is not applicable to it; for that seems to imply a voluntary establishment. When I first came here, it was a matter of frequent reproach to England, the mother country, that slavery had been entailed upon the colonies by her, against their consent, and that which is now considered a cherished "institution" was then regarded as, I will not say an evil, but an entailment on the Colonies by the policy of the mother country against their wishes. At any rate, it stands upon the Constitution. The Constitution was adopted in 1788, and went into operation in 1789. When it was adopted, the state of the country was this: slavery existed in the Southern States; there was a very large extent of unoccupied territory, the whole Northwestern Territory, which, it was understood, was destined to be formed into States; and it was then determined that no slavery should exist in this territory. I gather now, as a matter of inference from the history of the time and the history of the debates, that the prevailing motives with the North for agreeing to this recognition of the existence of slavery in the Southern States, and giving a representation to those States founded in part upon their slaves, rested on the supposition that no acquisition of territory would be made to form new States on the southern frontier of this country, either by cession or conquest. No one looked to any acquisition of new territory on the southern or southwestern frontier. The exclusion of slavery from the Northwestern Territory and the prospective abolition of the foreign slave trade were generally, the former unanimously, agreed to; and on the basis of these considerations, the South insisted that where slavery existed it should not be interfered with, and that it should have a certain ratio of representation in Congress. And now, Sir, I am one, who, believing such to be the understanding on which the Constitution was framed, mean to abide by it.

There is another principle, equally clear, by which I mean to abide; and that is, that in the Convention, and in the first Congress, when appealed to on the subject by petitions, and all along in the history of this government, it was and has been a conceded point, that slavery in the States in which it exists is a matter of State regulation exclusively, and that Congress has not the least power over it, or right to interfere with it. Therefore I say, that all agitations and attempts to disturb the relations between master and slave, by persons not living in the slave States, are unconstitutional in their spirit, and are, in my opinion, productive of nothing but evil and mischief. I countenance none of them. The manner in which the governments of those States where slavery exists are to regulate it, is for their own consideration, under their responsibility to their constituents, to the general laws of propriety, humanity, and justice, and to God. Associations formed elsewhere, springing from a feeling of humanity, or any other cause, have nothing whatever to do with it, nor right to interfere with it. They have never received any encouragement from me, and they never will. In my opinion, they have done nothing but delay and defeat their own professed objects.

I have now stated, as I understand it, the condition of things upon the adoption of the Constitution of the United States. What has happened since? Sir, it has happened that, above and beyond all contemplation or expectation of the original framers of the Constitution, or the people who adopted it, foreign territory has been acquired by cession, first from France, and then from Spain, on our southern frontier. And what has been the result? Five slave-holding States have been created and added to the Union, bringing ten Senators into this body, (I include Texas, which I consider in the light of a foreign acquisition also,) and up to this hour in which I address you, not one free State has been admitted to the Union from all this acquired territory!

MR. BERRIEN (in his seat). Yes, Iowa.

Iowa is not yet in the Union. Her Senators are not here. When she comes in, there will be one to five, one free State to five slave States, formed out of new territories. Now, it seems strange to me that there should be any complaint of injustice exercised by the North toward the South. Northern votes have been necessary, they have been ready, and they have been given, to aid in the admission of these five new slave-holding States. These are facts; and as the gentleman from Georgia has very properly put it as a case in which we are to present ourselves before the world for its judgment, let us now see how we stand. I do not represent the North. I state my own case; and I present the matter in that light in which I am willing, as an individual member of Congress, to be judged by civilized humanity. I say then, that, according to true history, the slave-holding interest in this country has not been a disfavored interest; it has not been disfavored by the North. The North has concurred to bring in these five slave-holding States out of newly acquired territory, which acquisitions were not at all in the contemplation of the Convention which formed the Constitution, or of the people when they agreed that there should be a representation of three fifths of the slaves in the then existing States.

Mr. President, what is the result of this? We stand here now, at least I do, for one, to say, that, considering there have been already five new slave-holding States formed out of newly acquired territory, and only one non-slave-holding State, at most, I do not feel that I am called on to go further; I do not feel the obligation to yield more. But our friends of the South say, You deprive us of all our rights. We have fought for this territory, and you deny us participation in it. Let us consider this question as it really is; and since the honorable gentleman from Georgia proposes to leave the case to the enlightened and impartial judgment of mankind, and as I agree with him that it is a case proper to be considered by the enlightened part of mankind, let us see how the matter in truth stands. Gentlemen who advocate the case which my honorable friend from Georgia, with so much ability, sustains, declare that we invade their rights, that we deprive them of a participation in the enjoyment of territories acquired by the common services and common exertions of all. Is this true? How deprive? Of what do we deprive them? Why, they say that we deprive them of the privilege of carrying their slaves, as slaves, into the new territories. Well, Sir, what is the amount of that? They say that in this way we deprive them of the opportunity of going into this acquired territory with their property. Their "property"? What do they mean by "property"? We certainly do not deprive them of the privilege of going into these newly acquired territories with all that, in the general estimate of human society, in the general, and common, and universal understanding of mankind, is esteemed property. Not at all. The truth is just this. They have, in their own States, peculiar laws, which create property in persons. They have a system of local legislation on which slavery rests; while everybody agrees that it is against natural law, or at least against the common understanding which prevails among men as to what is natural law.

I am not going into metaphysics, for therein I should encounter the honorable member from South Carolina,[3] and we should find "no end, in wandering mazes lost," until after the time for the adjournment of Congress. The Southern States have peculiar laws, and by those laws there is property in slaves. This is purely local. The real meaning, then, of Southern gentlemen, in making this complaint, is, that they cannot go into the territories of the United States carrying with them their own peculiar local law, a law which creates property in persons. This, according to their own statement, is all the ground of complaint they have. Now here, I think, gentlemen are unjust towards us. How unjust they are, others will judge; generations that will come after us will judge. It will not be contended that this sort of personal slavery exists by general law. It exists only by local law. I do not mean to deny the validity of that local law where it is established; but I say it is, after all, local law. It is nothing more. And wherever that local law does not extend, property in persons does not exist. Well, Sir, what is now the demand on the part of our Southern friends? They say, "We will carry our local laws with us wherever we go. We insist that Congress does us injustice unless it establishes in the territory in which we wish to go our own local law." This demand I for one resist, and shall resist. It goes upon the idea that there is an inequality, unless persons under this local law, and holding property by authority of that law, can go into new territory and there establish that local law, to the exclusion of the general law. Mr. President, it was a maxim of the civil law, that, between slavery and freedom, freedom should always be presumed, and slavery must always be proved. If any question arose as to the status of an individual in Rome, he was presumed to be free until he was proved to be a slave, because slavery is an exception to the general rule. Such, I suppose, is the general law of mankind. An individual is to be presumed to be free, until a law can be produced which creates ownership in his person. I do not dispute the force and validity of the local law, as I have already said; but I say, it is a matter to be proved; and therefore, if individuals go into any part of the earth, it is to be proved that they are not freemen, or else the presumption is that they are.

Now our friends seem to think that an inequality arises from restraining them from going into the territories, unless there be a law provided which shall protect their ownership in persons. The assertion is, that we create an inequality. Is there nothing to be said on the other side in relation to inequality? Sir, from the date of this Constitution, and in the counsels that formed and established this Constitution, and I suppose in all men's judgment since, it is received as a settled truth, that slave labor and free labor do not exist well together. I have before me a declaration of Mr. Mason, in the Convention that formed the Constitution, to that effect. Mr. Mason, as is well known, was a distinguished member from Virginia. He says that the objection to slave labor is, that it puts free white labor in disrepute; that it causes labor to be regarded as derogatory to the character of the free white man, and that the free white man despises to work, to use his expression, where slaves are employed. This is a matter of great interest to the free States, if it be true, as to a great extent it certainly is, that wherever slave labor prevails free white labor is excluded or discouraged. I agree that slave labor does not necessarily exclude free labor totally. There is free white labor in Virginia, Tennessee, and other States, where most of the labor is done by slaves. But it necessarily loses something of its respectability, by the side of, and when associated with, slave labor. Wherever labor is mainly performed by slaves, it is regarded as degrading to freemen. The freemen of the North, therefore, have a deep interest in keeping labor free, exclusively free, in the new territories.

But, Sir, let us look further into this alleged inequality. There is no pretence that Southern people may not go into territory which shall be subject to the Ordinance of 1787. The only restraint is, that they shall not carry slaves thither, and continue that relation. They say this shuts them altogether out. Why, Sir, there can be nothing more inaccurate in point of fact than this statement. I understand that one half the people who settled Illinois are people, or descendants of people, who came from the Southern States. And I suppose that one third of the people of Ohio are those, or descendants of those, who emigrated from the South; and I venture to say, that, in respect to those two States, they are at this day settled by people of Southern origin in as great a proportion as they are by people of Northern origin, according to the general numbers and proportion of people, South and North. There are as many people from the South, in proportion to the whole people of the South, in those States, as there are from the North, in proportion to the whole people of the North. There is, then, no exclusion of Southern people; there is only the exclusion of a peculiar local law. Neither in principle nor in fact is there any inequality.

The question now is, whether it is not competent to Congress, in the exercise of a fair and just discretion, considering that there have been five slave-holding States added to this Union out of foreign acquisitions, and as yet only one free State, to prevent their further increase. That is the question. I see no injustice in it. As to the power of Congress, I have nothing to add to what I said the other day. Congress has full power over the subject. It may establish any such government, and any such laws, in the territories, as in its discretion it may see fit. It is subject, of course, to the rules of justice and propriety; but it is under no constitutional restraints.

I have said that I shall consent to no extension of the area of slavery upon this continent, nor to any increase of slave representation in the other house of Congress. I have now stated my reasons for my conduct and my vote. We of the North have already gone, in this respect, far beyond all that any Southern man could have expected, or did expect, at the time of the adoption of the Constitution. I repeat the statement of the fact of the creation of five new slave-holding States out of newly acquired territory. We have done that which, if those who framed the Constitution had foreseen, they never would have agreed to slave representation. We have yielded thus far; and we have now in the House of Representatives twenty persons voting upon this very question, and upon all other questions, who are there only in virtue of the representation of slaves.

Let me conclude, therefore, by remarking, that, while I am willing to present this as showing my own judgment and position, in regard to this case, and I beg it to be understood that I am speaking for no other than myself, and while I am willing to offer it to the whole world as my own justification, I rest on these propositions: First, That when this Constitution was adopted, nobody looked for any new acquisition of territory to be formed into slave-holding States. Secondly, That the principles of the Constitution prohibited, and were intended to prohibit, and should be construed to prohibit, all interference of the general government with slavery as it existed and as it still exists in the States. And then, looking to the operation of these new acquisitions, which have in this great degree had the effect of strengthening that interest in the South by the addition of these five States, I feel that there is nothing unjust, nothing of which any honest man can complain, if he is intelligent, and I feel that there is nothing with which the civilized world, if they take notice of so humble a person as myself, will reproach me, when I say, as I said the other day, that I have made up my mind, for one, that under no circumstances will I consent to the further extension of the area of slavery in the United States, or to the further increase of slave representation in the House of Representatives.

[Footnote 1: Mr. Benton.]

[Footnote 2: Mr. Berrien.]

[Footnote 3: Mr. Calhoun.]

SPEECH AT MARSHFIELD.

DELIVERED AT A MEETING OF THE CITIZENS OF MARSHFIELD, MASS., ON THE 1ST OF SEPTEMBER, 1848.

[The following correspondence explains the occasion of the meeting at Marshfield, at which the following speech was delivered.

"Marshfield, Mass., Aug. 2, 1848.

"HON. DANIEL WEBSTER:--

"Dear Sir,--The undersigned, Whigs and fellow-citizens of yours, are desirous of seeing and conferring with you on the subject of our national policy, and of hearing your opinions freely expressed thereon. We look anxiously on the present aspect of public affairs, and on the position in which the Whig party, and especially Northern Whigs, are now placed. We should be grieved indeed to see General Cass--so decided an opponent of all those measures which we think essential to the honor and interests of the country and the prosperity of all classes--elected to the chief magistracy. On the other hand, it is not to be concealed, that there is much discontent with the nomination made by the late Philadelphia Convention, of a Southern man, a military man, fresh from bloody fields, and known only by his sword, as a Whig candidate for the Presidency.

"So far as is in our humble ability, we desire to preserve the Union and the Whig party, and to perpetuate Whig principles; but we wish to see also that these principles may be preserved, and this Union perpetuated, in a manner consistent with the rights of the Free States, and the prevention of the farther extension of the slave power; and we dread the effects of the precedent, which we think eminently dangerous, and as not exhibiting us in a favorable light to the nations of the earth, of elevating a mere military man to the Presidency.

"We think a crisis is upon us; and we would gladly know how we may best discharge our duties as true Americans, honest men, and good Whigs. To you, who have been so long in public life, and are able from your great experience and unrivalled ability to give us information and advice, and upon whom, as neighbors and friends, we think we have some claims, we naturally look, and we should be exceedingly gratified if, in any way, public or private, you would express your opinion upon interesting public questions now pending, with that boldness and distinctness with which you are accustomed to declare your sentiments. If you can concur with our wishes, please signify to us in what manner it would be most agreeable to you that they should be carried into effect.

"With very great regard, your obedient servants,

"DANIEL PHILLIPS, GEORGE LEONARD, GEO. H. WETHERBEE, and many others."

To this invitation Mr. Webster returned the following reply:--

"Marshfield, Aug. 3, 1848.

"GENTLEMEN,--I have received your letter. The critical state of things at Washington obliges me to think it my duty to repair thither immediately and take my seat in the Senate, notwithstanding the state of my health and the heat of the weather render it disagreeable for me to leave home.

"I cannot, therefore, comply with your wishes at present; but on my return, if such should continue to be your desire, I will meet you and the other Whigs of Marshfield, in an unceremonious manner, that we may confer upon the topics to which your letter relates.

"I am, Gentlemen, with esteem and friendship,

"Your obliged fellow-citizen,

"DANIEL WEBSTER.

"To Messrs. DANIEL PHILLIPS, GEORGE LEONARD, GEO. H. WETHERBEE, and others."

Soon after Mr. Webster's return from Washington, it was arranged that the meeting should take place at the "Winslow House," the ancient seat of the Winslow family, now forming a part of Mr. Webster's farm at Marshfield, on Friday, the first day of September.]

Although it is not my purpose, during the present recess of Congress, frequently to address public assemblies on political subjects, I have felt it my duty to comply with your request, as neighbors and townsmen, and to meet you to-day; and I am not unwilling to avail myself of this occasion to signify to the people of the United States my opinions upon the present state of our public affairs. I shall perform that duty, certainly with great frankness, I hope with candor. It is not my intention to-day to endeavor to carry any point, to act as any man's advocate, to put up or put down anybody. I wish, and I propose, to address you in the language and in the spirit of conference and consultation. In the present extraordinary crisis of our public concerns, I desire to hold no man's conscience but my own. My own opinions I shall communicate, freely and fearlessly, with equal disregard to consequences, whether they respect myself or respect others.

We are on the eve of a highly important Presidential election. In two or three months the people of this country will be called upon to elect an executive chief magistrate of the United States; and all see, and all feel, that great interests of the country are to be affected, for good or evil, by the results of that election. Of the interesting subjects over which the person who shall be elected must necessarily exercise more or less control, there are especially three, vitally connected, in my judgment, with the honor and happiness of the country. In the first place, the honor and happiness of the country imperatively require that there shall be a chief magistrate elected who shall not plunge us into further wars of ambition and conquest. In the second place, in my judgment, the interests of the country and the feeling of a vast majority of the people require that a President of these United States should be elected, who will neither use official influence to promote, nor feel any desire in his heart to promote, the further extension of slavery in this community, or its further influence in the public councils. In the third place, if I have any just estimate, if an experience not now a short one in public affairs has enabled me to know any thing of what the public interest demands, the state of the country requires an essential reform in the system of revenue and finance such as shall restore the prosperity, by prompting the industry and fostering the labor of the country, in its various branches. There are other things important, but I will not allude to them. These three I hold to be essential.

There are three candidates presented to the choice of the American people. General Taylor is the Whig candidate, standing upon the nomination of the Whig Convention; General Cass is the candidate of the opposing and now dominant party in the country; and a third candidate is presented in the person of Mr. Van Buren, by a convention of citizens assembled at Buffalo, whose object, or whose main object, as it appears to me, is contained in one of those considerations which I have mentioned, and that is, the prevention of the further increase of slavery;--an object in which you and I, Gentlemen, so far as that goes, entirely concur with them, I am sure.

Most of us who are here to-day are Whigs, National Whigs, Massachusetts Whigs, Old Colony Whigs, and Marshfield Whigs, and if the Whig nomination made at Philadelphia were entirely satisfactory to the people of Massachusetts and to us, our path of duty would be plain. But the nomination of a candidate for the Presidency made by the Whig Convention at Philadelphia is not satisfactory to the Whigs of Massachusetts. That is certain, and it would be idle to attempt to conceal the fact. It is more just and more patriotic, it is more manly and practical, to take facts as they are, and things as they are, and to deduce our own conviction of duty from what exists before us. However respectable and distinguished in the line of his own profession, or however estimable as a private citizen, General Taylor is a military man, and a military man merely. He has had no training in civil affairs. He has performed no functions of a civil nature under the Constitution of his country. He has been known and is known, only by his brilliant achievements at the head of an army. Now the Whigs of Massachusetts, and I among them, are of opinion that it was not wise, nor discreet, to go to the army for the selection of a candidate for the Presidency of the United States. It is the first instance in their history in which any man of mere military character has been proposed for that high office. General Washington was a great military character; but by far a greater civil character. He had been employed in the councils of his country, from the earliest dawn of the Revolution. He had been in the Continental Congress, and he had established a great character for civil wisdom and judgment. After the war, as you know, he was elected a member of that convention which formed the Constitution of the United States; and it is one of the most honorable tributes ever paid to him, that by that assembly of good and wise men he was selected to preside over their deliberations. And he put his name first and foremost to the Constitution under which we live. President Harrison was bred a soldier, and at different periods of his life rendered important military services. But President Harrison, nevertheless, was for a much greater period of his life employed in civil than in military service. For twenty years he was either governor of a Territory, member of one or the other house of Congress, or minister abroad; and discharged all these duties to the satisfaction of his country. This case, therefore, stands by itself; without a precedent or justification from any thing in our previous history. It is for this reason, as I imagine, that the Whigs of Massachusetts feel dissatisfied with this nomination. There may be other reasons, there are others; they are, perhaps, of less importance, and more easily to be answered. But this is a well-founded objection; and in my opinion it ought to have prevailed, and to have prevented this nomination. I know enough of history to see the dangerous tendency of such resorts to military popularity.

But, if I may borrow a mercantile expression, I may now venture to say, that there is another side to this account. The impartiality with which I propose to discharge my duty to-day requires that it should be stated. And, in the first place, it is to be considered, that General Taylor has been nominated by a Whig convention, held in conformity with the usages of the Whig party, and, so far as I know, fairly nominated. It is to be considered, also, that he is the only Whig before the people, as a candidate for the Presidency; and no citizen of the country, with any effect, can vote for any other Whig, let his preferences be what they might or may.

In the next place, it is proper to consider the personal character of General Taylor, and his political opinions, relations, and connections, so far as they are known. In advancing to a few observations on this part of the case, I wish everybody to understand that I have no personal acquaintance whatever with General Taylor. I never saw him but once, and that but for a few moments in the Senate. The sources of information are open to you, as well as to me, from which I derive what I know of his character and opinions. But I have endeavored to obtain access to those sources. I have endeavored to inform and instruct myself by communication with those who have known him in his profession as a soldier, in his associations as a man, in his conversations and opinions on political subjects; and I will tell you frankly what I think of him, according to the best lights which I have been able to obtain.

I need not say, that he is a skilful, brave, and gallant soldier. That is admitted by all. With me, all that goes but very little way to make out the proper qualifications for President of the United States. But what is more important, I believe that he is an entirely honest and upright man. I believe that he is modest, clear-headed, of independent and manly character, possessing a mind trained by proper discipline and self-control. I believe that he is estimable and amiable in all the relations of private life. I believe that he possesses a reputation for equity and fair judgment, which gives him an influence over those under his command beyond what is conferred by the authority of station. I believe that he is a man possessing the confidence and attachment of all who have been near him and know him. And I believe, that, if elected President, he will do his best to relieve the country from present evils, and guard it against future dangers. So much for what I think of the personal character of General Taylor.

I will say, too, that, so far as I have observed, his conduct since he has been a candidate for the office of President has been irreproachable. I hear no intrigue imputed to him, no contumelious treatment of rivals. I do not find him making promises or holding out hopes to any men or any party. I do not find him putting forth any pretensions of his own, and therefore I think of him very much as he seems to think of himself, that he is an honest man, of an independent mind and of upright intentions. And as for the subject of his qualifications for the Presidency, he has himself nothing to say about it.

And now, friends and fellow-townsmen, with respect to his political opinions and relations, I can say at once, that I believe him to be a Whig; I believe him to hold to the main doctrines of the Whig party. To think otherwise would be to impute to him a degree of tergiversation and fraudulent deception of which I suppose him to be entirely incapable.

Gentlemen, it is worth our while to consider in what manner General Taylor has become a candidate for the Presidency of the United States. It would be a great mistake to suppose that he was made such merely by the nomination of the Philadelphia Convention. He had been nominated for the Presidency in a great many States, by various conventions and meetings of the people, a year before the convention at Philadelphia assembled. The whole history of the world shows, whether in the most civilized or the most barbarous ages, that the affections and admiration of mankind are at all times easily carried away towards successful military achievements. The story of all republics and of all free governments shows this. We know in the case now before us, that so soon as brilliant success had attended General Taylor's operations on the Rio Grande, at Palo Alto, and Monterey, spontaneous nominations of him sprang up.

And here let me say, that, generally, these were Whig nominations. Not universally, but generally, these nominations, made at various times before the meeting of the Philadelphia Convention, were Whig nominations. General Taylor was esteemed, from the moment that his military achievements brought him into public notice, as a Whig general. You all remember, that when we were discussing his merits in Congress, upon the question of giving thanks to the army under his command, and to himself, among other objections, the friends and supporters of Mr. Polk's administration denounced him as being, and because he was, a Whig general. My friends near me, whom I am happy to see here, belonging to the House of Representatives, will remember that a leading man of the party of the administration declared in his place in Congress, that the policy of the administration, connected with the Mexican war, would never prosper, till the President recalled those Whig generals, Scott and Taylor. The policy was a Democratic policy. The argument was, that the men to carry out this policy should be Democratic men; the officers to fight the battles should be Democratic officers; and on that ground, the ordinary vote of thanks was refused to General Taylor, on the part of the friends of the administration.

Let me remark, in the next place, that there was no particular purpose connected with the advancement of slavery entertained, generally, by those who nominated him. As I have said, they were Whig nominations, more in the Middle and Northern than in the Southern States, and by persons who never entertained the slightest desire, by his nomination, or by any other means, to extend the area of slavery of the human race, or the influence of the slave-holding States in the councils of the nation. The Quaker city of Philadelphia nominated General Taylor, the Whigs all over the Union nominated him, with no such view. A great convention was assembled in New York, of highly influential and respectable gentlemen, very many of them well known to me, and they nominated General Taylor with no such view. General Taylor's nomination was hailed, not very extensively, but by some enthusiastic and not very far-seeing people in the Commonwealth of Massachusetts. There were, even among us, in our own State, Whigs quite early enough, certainly, in manifesting their confidence in this nomination; a little too early, it may be, in uttering notes of exultation for the anticipated triumph. It would have been better if they had waited.

Now the truth is, Gentlemen,--and no man can avoid seeing it, unless, as sometimes happens, the object is too near our eyes to be distinctly discerned,--the truth is, that in these nominations, and also in the nomination at Philadelphia, in these conventions, and also in the convention at Philadelphia, General Taylor was nominated exactly for this reason;--that, believing him to be a Whig, they thought he could be chosen more easily than any other Whig. This is the whole of it. That sagacious, wise, far-seeing doctrine of availability lies at the bottom of the whole matter. So far, then, from imputing any motive to these conventions over the country, or to the convention in Philadelphia, as operating on a majority of the members, to promote slavery by the nomination of General Taylor, I do not believe a word of it,--not one word. I see that one part of what is called the Platform of the Buffalo Convention says that the candidates before the public were nominated under the dictation of the slave power. I do not believe a word of it.

In the first place, a very great majority of the convention at Philadelphia was composed of members from the Free States. By a very great majority they might have nominated anybody they chose. But the Free States did not choose to nominate a Free State man, or a Northern man. Even our neighbors, the States of New England, with the exception of New Hampshire and a part of Maine, neither proposed nor concurred in the nomination of any Northern man. Vermont would hear of nothing but the nomination of a Southern and slave-holding candidate. Connecticut was of the same mind, and so was Rhode Island. The North made no demand, nor presented any request for a Northern candidate, nor attempted any union among themselves for the purpose of promoting the nomination of such a candidate. They were content to take their choice among the candidates of the South. It is preposterous, therefore, to pretend that a candidate from the Slave States has been forced upon the North by Southern dictation.

In the next place, it is true that there were persons from New England who were extremely zealous and active in procuring the nomination of General Taylor, but they were men who would cut off their right hands before they would do any thing to promote slavery in the United States. I do not admire their policy; indeed I have very little respect for it, understand that; but I acquit them of bad motives. I know the leading men in that convention. I think I understand the motives that governed them. Their reasoning was this: "General Taylor is a Whig: not eminent in civil life, not known in civil life, but still a man of sound Whig principles. Circumstances have given him a reputation and éclat in the country. If he shall be the Whig candidate, he will be chosen; and with him there will come into the two houses of Congress an augmentation of Whig strength. The Whig majority in the House of Representatives will be increased. The Democratic majority in the Senate will be diminished." That was the view, and such was the motive, however wise or however unwise, that governed a very large majority of those who composed the convention at Philadelphia. In my opinion, this was a wholly unwise policy; it was short-sighted and temporizing on questions of great principles. But I acquit those who adopted it of any such motives as have been ascribed to them, and especially of what has been ascribed to them in a part of this Buffalo Platform.

Such, Gentlemen, are the circumstances connected with the nomination of General Taylor. I only repeat, that those who had the greatest agency originally in bringing him before the people were Whig conventions and Whig meetings in the several States, Free States, and that a great majority of that convention which nominated him in Philadelphia was from the Free States, and might have rejected him if they had chosen, and selected anybody else on whom they could have united.

This is the case, Gentlemen, as far as I can discern it, and exercising upon it as impartial a judgment as I can form,--this is the case presented to the Whigs, so far as respects the personal fitness and personal character of General Taylor, and the circumstances which have caused his nomination. If we were weighing the propriety of nominating such a person to the Presidency, it would be one thing; if we are considering the expediency, or I may say the necessity (which to some minds may seem to be the case), of well-meaning and patriotic Whigs supporting him after he is nominated, that is quite another thing.

This leads us to the consideration of what the Whigs of Massachusetts are to do, or such of them as do not see fit to support General Taylor. Of course they must vote for General Cass, or they must vote for Mr. Van Buren, or they must omit to vote at all. I agree that there are cases in which, if we do not know in what direction to move, we ought to stand still till we do. I admit that there are cases in which, if one does not know what to do, he had better not do he knows not what. But on a question so important to ourselves and the country, on a question of a popular election under constitutional forms, in which it is impossible that every man's private judgment can prevail, or every man's private choice succeed, it becomes a question of conscientious duty and patriotism, what it is best to do upon the whole.

Under the practical administration of the Constitution of the United States, there cannot be a great range of personal choice in regard to the candidate for the Presidency. In order that their votes may be effective, men must give them for some one of those who are prominently before the public. This is the necessary result of our forms of government and of the provisions of the Constitution. The people are therefore brought sometimes to the necessity of choosing between candidates neither of whom would be their original, personal choice.

Now, what is the contingency? What is the alternative presented to the Whigs of Massachusetts? In my judgment, fellow-citizens, it is simply this; the question is between General Taylor and General Cass. And that is the only question. I am no more skilled to foresee political occurrences than others. I judge only for myself. But, in my opinion, there is not the least probability of any other result than the choice of General Taylor or General Cass. I know that the enthusiasm of a new-formed party, that the popularity of a new-formed name, without communicating any new-formed idea, may lead men to think that the sky is to fall, and that larks are suddenly to be taken. I entertain no such expectations. I speak without disrespect of the Free Soil party. I have read their platform, and though I think there are some unsound places in it, I can stand on it pretty well. But I see nothing in it both new and valuable. "What is valuable is not new, and what is new is not valuable." If the term Free Soil party, or Free Soil men, designate those who are fixed, and unalterably fixed, in favor of the restriction of slavery, are so to-day and were so yesterday, and have been so for some time, then I hold myself to be as good a Free Soil man as any of the Buffalo Convention. I pray to know who is to put beneath my feet a freer soil than that upon which I have stood ever since I have been in public life? I pray to know who is to make my lips freer than they always have been, or to inspire into my breast a more resolute and fixed determination to resist the advances and encroachments of the slave power, than has inhabited it since I for the first time opened my mouth in the councils of the country? The gentlemen at Buffalo have placed at the head of their party Mr. Van Buren, a gentleman for whom I have all the respect that I ought to entertain for one with whom I have been associated, in some degree, in public life for many years, and who has held the highest offices in the country. But really, speaking for myself, if I were to express confidence in Mr. Van Buren and his politics on any question, and most especially this very question of slavery, I think the scene would border upon the ludicrous, if not upon the contemptible. I never proposed any thing in my life of a general and public nature, that Mr. Van Buren did not oppose. Nor has it happened to me to support any important measure proposed by him. If he and I now were to find ourselves together under the Free Soil flag, I am sure that, with his accustomed good nature, he would laugh. If nobody were present, we should both laugh at the strange occurrences and stranger jumbles of political life that should have brought us to sit down cosily and snugly, side by side, on the same platform. That the leader of the Free Spoil party should so suddenly have become the leader of the Free Soil party would be a joke to shake his sides and mine.

Gentlemen, my first acquaintance in public life with Mr. Van Buren was when he was pressing with great power the election of Mr. Crawford to the Presidency, against Mr. Adams. Mr. Crawford was not elected, and Mr. Adams was. Mr. Van Buren was in the Senate nearly the whole of that administration; and during the remainder of it he was Governor of the State of New York. It is notorious that he was the soul and centre, throughout the whole of Mr. Adams's term, of the opposition made to him. He did more to prevent Mr. Adams's re-election in 1828, and to obtain General Jackson's election, than any other man,--yes, than any ten other men in the country.

General Jackson was chosen, and Mr. Van Buren was appointed his Secretary of State. It so happened that in July, 1829, Mr. McLane went to England to arrange the controverted, difficult, and disputed point on the subject of the colonial trade. Mr. Adams had held a high tone on that subject. He had demanded, on the ground of reciprocity and right, the introduction of our products into all parts of the British territory, freely, in our own vessels, since Great Britain was allowed to bring her produce into the United States upon the same terms. Mr. Adams placed this demand upon the ground of reciprocity and justice. Great Britain would not yield. Mr. Van Buren, in his instructions to Mr. McLane, told him to yield that question of right, and to solicit the free admission of American produce into the British colonies, on the ground of privilege and favor; intimating that there had been a change of parties, and that this favor ought not to be refused to General Jackson's administration because it had been demanded on the ground of right by Mr. Adams's. This is the sum and substance of the instruction.

Well, Gentlemen, it was one of the most painful duties of my life, on account of this, to refuse my assent to Mr. Van Buren's nomination. It was novel in our history, when an administration changes, for the new administration to seek to obtain privileges from a foreign power on the assertion that they have abandoned the ground of their predecessors. I suppose that such a course is held to be altogether undignified by all public men. When I went into the Department of State under General Harrison, I found in the conduct of my predecessor many things that I could have wished had been otherwise. Did I retract a jot or tittle of what Mr. Forsyth had said? I took the case as he had left it, and conducted it upon the principles which he left. I should have considered that I disgraced myself if I had said, "Pray, my Lord Ashburton, we are more rational persons than our predecessors, we are more considerate than they, and intend to adopt an entirely opposite policy. Consider, my dear Lord, how much more friendly, reasonable, and amiable we are than our predecessors."

But now, on this very subject of the extension of the slave power, I would by no means do the least injustice to Mr. Van Buren. If he has come up to some of the opinions expressed in the platform of the Buffalo Convention, I am very glad of it. I do not mean to say that there may not be very good reasons for those of his own party who cannot conscientiously vote for General Cass to vote for him, because I think him much the least dangerous of the two. But, in truth, looking at Mr. Van Buren's conduct as President of the United States, I am amazed to find that he should be placed at the head of a party professing to be, beyond all other parties, friends of liberty and enemies of African slavery in the Southern States. Why, the very first thing that Mr. Van Buren did after he was President was to declare, that, if Congress interfered with slavery in the District of Columbia, he would apply the veto to their bills. Mr. Van Buren, in his inaugural address, quotes the following expression from his letter accepting his nomination: "I must go into the Presidential chair the inflexible and uncompromising opponent of every attempt on the part of Congress to abolish slavery in the District of Columbia against the wishes of the slave-holding States; and also with a determination equally decided to resist the slightest interference with it in the States where it exists." He then proceeds: "I submitted also to my fellow-citizens, with fulness and frankness, the reasons which led me to this determination. The result authorizes me to believe that they have been approved and are confided in by a majority of the people of the United States, including those whom they most immediately affect. It now only remains to add, that no bill conflicting with these views can even receive my constitutional sanction."

In the next place, we know that Mr. Van Buren's casting vote was given for a law of very doubtful propriety,--a law to allow postmasters to open the mails and see if there was any incendiary matter in them, and, if so, to destroy it. I do not say that there was no constitutional power to pass such a law. Perhaps the people of the South thought it was necessary to protect themselves from incitements to insurrection. So far as any thing endangers the lives and property of the South, so far I agree that there may be such legislation in Congress as shall prevent such results.

But, Gentlemen, no man has exercised a more controlling influence on the conduct of his friends in this country than Mr. Van Buren. I take it that the most important event in our time tending to the extension of slavery and its everlasting establishment on this continent, was the annexation of Texas, in 1844. Where was Mr. Van Buren then? Let me ask, Three or four years ago, where was he THEN? Every friend of Mr. Van Buren, so far as I know, supported the measure. The two Senators from New York supported it, and the members of the House of Representatives from New York supported it, and nobody resisted it but Whigs. And I say in the face of the world, I say in the face of those connected with, or likely to be benefited by, the Buffalo Convention,--I say to all of them, that there has been no party of men in this country which has firmly and sternly resisted the progress of the slave power but the Whigs.

Why, look to this very question of the annexation of Texas. We talk of the dictation of the slave power! At least they do, I do not. I do not allow that anybody dictates to me. They talk of the triumph of the South over the North! There is not a word of truth or reason in the whole of it. I am bound to say on my conscience, that, of all the evils inflicted upon us by these acquisitions of slave territory, the North has borne its full part in the infliction. Northern votes, in full proportion, have been given in both houses for the acquisition of new territory, in which slavery existed. We talk of the North. There has for a long time been no North. I think the North Star is at last discovered; I think there will be a North; but up to the recent session of Congress there has been no North, no geographical section of the country, in which there has been found a strong, conscientious, and united opposition to slavery. No such North has existed.

Pope says, you know,

"Ask where's the North? At York, 'tis on the Tweed; In Scotland, at the Orcades; and there, At Greenland, Zembla, or the Lord knows where."

Now, if there has heretofore been such a North as I have described, a North strong in opinion and united in action against slavery,--if such a North has existed anywhere, it has existed "the Lord knows where," I do not. Why, on this very question of the admission of Texas, it may be said with truth, that the North let in Texas. The Whigs, North and South, resisted Texas. Ten Senators from slave-holding States, of the Whig party, resisted Texas. Two, only, as I remember, voted for it. But the Southern Whig votes against Texas were overpowered by the Democratic votes from the Free States, and from New England among the rest. Yes, if there had not been votes from New England in favor of Texas, Texas would have been out of the Union to this day. Yes, if men from New England had been true, Texas would have been nothing but Texas still. There were four votes in the Senate from New England in favor of the admission of Texas, Mr. Van Buren's friends, Democratic members: one from Maine; two from New Hampshire; one from Connecticut. Two of these gentlemen were confidential friends of Mr. Van Buren, and had both been members of his cabinet. They voted for Texas; and they let in Texas, against Southern Whigs and Northern Whigs. That is the truth of it, my friends. Mr. Van Buren, by the wave of his hand, could have kept out Texas. A word, a letter, though it had been even shorter than General Cass's letter to the Chicago Convention, would have been enough, and would have done the work. But he was silent.

When Northern members of Congress voted, in 1820, for the Missouri Compromise, against the known will of their constituents, they were called "Dough Faces." I am afraid, fellow-citizens, that the generation of "dough faces" will be as perpetual as the generation of men.

In 1844, as we all know, Mr. Van Buren was a candidate for the Presidency, on the part of the Democratic party, but lost the nomination at Baltimore. We now learn, from a letter from General Jackson to Mr. Butler, that Mr. Van Buren's claims were superseded, because, after all, the South thought that the accomplishment of the annexation of Texas might be more safely intrusted to Southern hands. We all know that the Northern portion of the Democratic party were friendly to Mr. Van Buren. Our neighbors from New Hampshire, and Maine, and elsewhere, were Van Buren men. But the moment it was ascertained that Mr. Polk was the favorite of the South, and the favorite of the South upon the ground I have mentioned, as a man more certain to bring about the annexation of Texas than Mr. Van Buren, these friends of Mr. Van Buren in the North all "caved in,"--not a man of them stood. Mr. Van Buren himself wrote a letter very complimentary to Mr. Polk and Mr. Dallas, and found no fault with the nomination.

Now, Gentlemen, if they were "dough faces" who voted for the Missouri Compromise, what epithet should describe these men, here in our New England, who were so ready, not only to change or abandon him whom they most cordially wished to support, but did so in order to make more sure the annexation of Texas. They nominated Mr. Polk at the request of gentlemen from the South, and voted for him, through thick and thin, till the work was accomplished, and Mr. Polk elected. For my part, I think that "dough faces" is an epithet not sufficiently reproachful. Such persons are dough faces, with dough heads, and dough hearts, and dough souls; they are all dough; the coarsest potter may mould them to vessels of honor or dishonor,--most readily to vessels of _dis_honor.

But what do we now see? Repentance has gone far. There are among these very people, these very gentlemen, persons who espouse, with great zeal, the interests of the Free Soil party. I hope their repentance is as sincere as it appears to be. I hope it is honest conviction, and not merely a new chance for power, under a new name and a new party. But, with all their pretensions, and with all their patriotism, I see dough still sticking on the cheeks of some of them. And therefore I have no confidence in them, not a particle. I do not mean to say, that the great mass of the people, especially those who went to the Buffalo Convention from this State, have not the highest and purest motives. I think they act unwisely, but I acquit them of dishonest intentions. But with respect to others, and those who have been part and parcel in the measures which have brought new slave territory into this Union, I distrust them all. If they repent, let them, before we trust them, do works worthy of repentance.

I have said, Gentlemen, that in my opinion, if it were desirable to place Mr. Van Buren at the head of government, there is no chance for him. Others are as good judges as I am. But I am not able to say that I see any State in the Union in which there is a reasonable probability that he will get the vote. There may be. Others are more versed in such statistics than I am. But I see none, and therefore I think that we are reduced to a choice between General Cass and General Taylor. You may remember, that in the discussions of 1844, when Mr. Birney was drawing off votes from the Whig candidate, I said that every vote for Mr. Birney was half a vote for Mr. Polk. Is it not true that the vote of the Liberty party taken from Mr. Clay's vote in the State of New York made Mr. Polk President? That is as clear as any historical fact. And in my judgment, it will be so now. I consider every Whig vote given to Mr. Van Buren, as directly aiding the election of Mr. Cass. Mark, I say, Whig vote. There may be States in which Mr. Van Buren may draw from the other side largely. But I speak of Whig votes, in this State and in any State. And I am of opinion, that any such vote given to Mr. Van Buren inures to the benefit of General Cass.

Now as to General Cass, Gentlemen. We need not go to the Baltimore platform to instruct ourselves as to what his politics are, or how he will conduct the government. General Cass will go into the government, if at all, chosen by the same party that elected Mr. Polk; and he will "follow in the footsteps of his illustrious predecessor." I hold him, I confess, in the present state of the country, to be the most dangerous man on whom the powers of the executive chief magistracy could well be conferred. He would consider himself, not as conservative, not as protective to present institutions, but as belonging to the party of Progress. He believes in the doctrine of American destiny; and that that destiny is, to go through wars and invasions, and maintain vast armies, to establish a great, powerful, domineering government over all this continent. We know that, if Mr. Cass could have prevented it, the treaty with England in 1842 would not have been made. We know that, if Mr. Cass could have prevented it, the settlement of the Oregon question would not have been accomplished in 1846. We know that General Cass could have prevented the Mexican war; and we know that he was first and foremost in pressing that war. We know that he is a man of talent, of ability, of some celebrity as a statesman, in every way superior to his predecessor, if he should be the successor of Mr. Polk. But I think him a man of rash politics, pushed on by a rash party, and committed to a course of policy, as I believe, not in consistency with the happiness and security of the country. Therefore it is for you, and for me, and for all of us, Whigs, to consider whether, in this state of the case, we can or cannot, we will or will not, give our votes for the Whig nomination. I leave that to every man's conscience. I have endeavored to state the case as it presents itself to me.

Gentlemen, before General Taylor's nomination, I stated always, when the subject was mentioned by my friends, that I did not and could not recommend the nomination of a military man to the people of the United States for the office of President. It was against my conviction of what was due to the best interests of the country, and to the character of the republic. I stated always, at the same time, that if General Taylor should be nominated by the Whig Convention, fairly, I should not oppose his election. I stand now upon the same declaration. General Taylor has been nominated fairly, as far as I know, and I cannot, therefore, and shall not, oppose his election. At the same time, there is no man who is more firmly of opinion that such a nomination was not fit to be made. But the declaration that I would not oppose General Taylor, if nominated by the Whig party, was of course subject, in the nature of things, to some exceptions. If I believed him to be a man who would plunge the country into further wars for any purpose of ambition or conquest, I would oppose him, let him be nominated by whom he might. If I believed that he was a man who would exert his official influence for the further extension of the slave power, I would oppose him, let him be nominated by whom he might. But I do not believe either. I believe that he has been, from the first, opposed to the policy of the Mexican war, as improper, impolitic, and inexpedient. I believe, from the best information I can obtain,--and you will take this as my own opinion, Gentlemen,--I believe, from the best information I can obtain, that he has no disposition to go to war, or to form new States in order to increase the limits of slavery.

Gentlemen, so much for what may be considered as belonging to the Presidency as a national question. But the case by no means stops here. We are citizens of Massachusetts. We are Whigs of Massachusetts. We have supported the present government of the State for years, with success; and I have thought that most Whigs were satisfied with the administration of the State government in the hands of those who have had it. But now it is proposed, I presume, on the basis of the Buffalo Platform, to carry this into the State elections, as well as into the national elections. There is to be a nomination of a candidate for Governor, against Mr. Briggs, or whoever may be nominated by the Whigs; and there is to be a nomination of a candidate for Lieutenant-Governor, against Mr. Reed, or whoever may be nominated by the Whigs; and there are to be nominations against the present members of Congress. Now, what is the utility or the necessity of this? We have ten members in the Congress of the United States. I know not ten men of any party who are more zealous, and firm, and inflexible in their opposition against slavery in any form.

And what will be the result of opposing their re-election? Suppose that a considerable number of Whigs secede from the Whig party, and support a candidate of this new party, what will be the result? Do we not know what has been the case in this State? Do we not know that this district has been unrepresented from month to month, and from year to year, because there has been an opposition to as good an antislavery man as breathes the air of this district? On this occasion, and even in his own presence, I may allude to our Representative, Mr. Hale. Do we want a man to give a better vote in Congress than Mr. Hale gives? Why, I undertake to say that there is not one of the Liberty party, nor will there be one of this new party, who will have the least objection to Mr. Hale, except that he was not nominated by themselves. Ten to one, if the Whigs had not nominated him, they would have nominated him themselves; doubtless they would, if he had come into their organization, and called himself a third party man.

Now, Gentlemen, I remember it to have occurred, that, on very important questions in Congress, the vote was lost for want of two or three members which Massachusetts might have sent, but which, in consequence of the division of parties, she did not send. And now I foresee that, if in this district any considerable number of Whigs think it their duty to join in the support of Mr. Van Buren, and in the support of gentlemen whom that party may nominate for Congress, the same thing will take place, and we shall be without a representative, in all probability, in the first session of the next Congress, when the battle is to be fought on this very slavery question. The same is likely to happen in other districts. I am sure that honest, intelligent, and patriotic Whigs will lay this consideration to their consciences, and judge of it as they think they ought to do.

Gentlemen, I will detain you but a moment longer. You know that I gave my vote in Congress against the treaty of peace with Mexico, because it contained these cessions of territory, and brought under the authority of the United States, with a pledge of future admission into the Union, the great, vast, and almost unknown countries of New Mexico and California.

In the session before the last, one of the Southern Whig Senators, Mr. Berrien of Georgia, had moved a resolution, to the effect that the war ought not to be continued for the purposes of conquest and acquisition. The resolution declared that the war with Mexico ought not to be prosecuted by this government with any view to the dismemberment of that republic, or to the acquisition, by conquest, of any portion of her territory. That proposition he introduced into the Senate, in the form of a resolution; and I believe that every Whig Senator but one voted for it. But the Senators belonging to the Locofoco or Democratic party voted against it. The Senators from New York voted against it. General Cass, from the free State of Michigan, Mr. Fairfield, from Maine, Mr. Niles, from Connecticut, and others, voted against it, and the vote was lost. That is, these gentlemen,--some of them very prominent friends of Mr. Van Buren, and ready to take the field for him,--these very gentlemen voted not to exclude territory that might be obtained by conquest. They were willing to bring in the territory, and then have a squabble and controversy whether it should be slave or free territory. I was of opinion that the true and safe policy was, to shut out the whole question by getting no territory, and thereby keep off all controversy. The territory will do us no good, if free; it will be an encumbrance, if free. To a great extent, it will produce a preponderance in favor of the South in the Senate, even if it be free. Let us keep it out, therefore. But no. We will make the acquisition, bring in the territory, and manage it afterwards. That was the policy.

Gentlemen, in an important crisis in English history, in the reign of Charles the Second, when the country was threatened by the accession to the throne of a prince, then called the Duke of York, who was a bigot to the Roman Catholic religion, a proposition was made to exclude him from the crown. Some said that was a very rash measure, brought forward by very rash men; that they had better admit him, and then put limitations upon him, chain him down, restrict him. When the debate was going on, a member is reported to have risen and expressed his sentiments by rather a grotesque comparison, but one of considerable force:--

"I hear a lion, in the lobby roar! Say, Mr. Speaker, shall we shut the door, And keep him out; or shall we let him in, And see if we can get him out again?"

I was for shutting the door and keeping the lion out. Other more confident spirits, who are of the character of Van Amburgh, were for letting him in, and disturbing all the interests of the country. When this Mexican treaty came before the Senate, it had certain clauses ceding New Mexico and California to the United States. A Southern gentleman, Mr. Badger, of North Carolina, moved to strike out those clauses. Now you understand, that if a motion to strike out a clause of a treaty be supported by one third, it will be struck out; that is, two thirds of the Senate must vote for each clause, in order to have it retained. The vote on this question of striking out stood 38 to 14, not quite one third being against the cession, and so the clause was retained. And why were there not one third? Just because there were four New England Senators voting for these new territories. That is the reason.

I hope I am as ardent an advocate for peace as any man living; but I would not be carried away by the desire for peace to commit an act which I believed highly injurious, likely to have consequences of a permanent character, and indeed to endanger the existence of the government. Besides, I believed that we could have struck out the cessions of territory, and had peace just as soon. And I would be willing to go before the people and leave it to them to say, whether they would carry on the war any longer for acquisition of territory. If they would, then they were the artificers of their own fortunes. I was not afraid of the people on that subject. But if this course had continued the war somewhat longer, I would have preferred that result, rather than that those territories lying on our southern border should come in hereafter as new States. I should speak, perhaps, with more confidence, if some Whigs of the North had not voted for the treaty. My own opinion was then clear and decisive. For myself I thought the case a perfectly plain one, and no man has yet stated a reason to convince me to the contrary.

I voted to strike out the articles of cession. They would have been struck out if four of the New England Senators had not voted against the motion. I then voted against the ratification of the treaty, and that treaty would have failed if three New England Senators had not voted for it, and Whig Senators too. I should do the same thing again, and with much more resolution. I would have run a still greater risk, I would have endured a still greater shock, I would have risked anything, rather than have been a participator in any measure which should have a tendency to annex Southern territory to the States of the Union. I hope it will be remembered, in all future time, that on this question of the accession of these new territories of almost boundless extent, I voted against them, and against the treaty which contained them, notwithstanding all inducements to the contrary, and all the cries, which I thought hasty and injudicious, of "Peace! Peace on any terms!" I will add, that those who voted against the treaty were gentlemen from so many parts of the country, that its rejection would have been an act rather of national than of local resistance. There were votes against it from both parties, and from all parties, the South and the West, the North and the East. What we wanted was a few more New England votes.

Gentlemen, after I had the honor of receiving the invitation to meet my fellow-citizens, I found it necessary, in the discharge of my duty, though with great inconvenience to my health, to be present at the closing scenes of the session. You know what there transpired. You know the important decision that was made in both houses of Congress, in regard to Oregon. The immediate question respected Oregon, or rather the bill respected Oregon, but the question more particularly concerned these new territories. The effect of the bill as passed in the Senate was to establish these new territories as slave-holding States. The House disagreed. The Senate receded from their ground, and the bill passed, establishing Oregon as a free Territory, and making no provision for the newly acquired territories on the South. My vote, and the reasons I gave for it, are known to the good people of Massachusetts, and I have not heard that they have expressed any particular disapprobation of them.

But this question is to be resumed at the first session of the next Congress. There is no probability that it will be settled at the next session of this Congress. But at least at the first session of the next Congress this question will be resumed. It will enter at this very period into all the elections of the South.

And now I venture to say, Gentlemen, two things; the first well known to you, that General Cass is in favor of what is called the Compromise Line, and is of opinion that the Wilmot Proviso, or the Ordinance of 1787, which excludes slavery from territories, ought not to be applied to territories lying south of 36° 30'. He announced this before he was nominated, and if he had not announced it, he would have been 36° 30' farther off from being nominated. In the next place, he will do all he can to establish that compromise line; and lastly, which is a matter of opinion, in my conscientious belief he will establish it.

Give him the power and the patronage of the government, let him exercise it over certain portions of the country whose representatives voted on this occasion to put off that question for future consideration; let him have the power of this government with his attachments, with his inducements, and we shall see the result. I verily believe, that unless there is a renewed strength, an augmented strength, of Whig votes in Congress, he will accomplish his purpose. He will surely have the Senate, and with the patronage of the government, with every interest which he can bring to bear, co-operating with every interest which the South can bring to bear, he will establish the compromise line. We cry safety before we are out of the woods, if we feel that the danger respecting the territories is over.

Gentlemen, I came here to confer with you as friends and countrymen, to speak my own mind and hear yours; but if we all should speak, and occupy as much time as I have, we should make a late meeting. I shall detain you no longer. I have been long in public life, longer, far longer than I shall remain there. I have had some participation for more than thirty years in the councils of the nation. I profess to feel a strong attachment to the liberty of the United States, to the Constitution and free institutions of this country, to the honor, and I may say the glory, of my native land. I feel every injury inflicted upon it, almost as a personal injury. I blush for every fault which I think I see committed in its public councils, as if they were faults or mistakes of my own. I know that, at this moment, there is no object upon earth so much attracting the gaze of the intelligent and civilized nations of the earth as this great republic. All men look at us, all men examine our course, all good men are anxious for a favorable result to this great experiment of republican liberty. We are on a hill and cannot be hid. We cannot withdraw ourselves either from the commendation or the reproaches of the civilized world. They see us as that star of empire which half a century ago was represented as making its way westward. I wish they may see it as a mild, placid, though brilliant orb, moving athwart the whole heavens to the enlightening and cheering of mankind; and not as a meteor of fire and blood terrifying the nations.

JEREMIAH MASON.

[The death of the Hon. Jeremiah Mason, one of the most eminent members of the legal profession in the United States, took place at Boston, on the 14th of October, 1848. At a meeting of the Bar of the County of Suffolk, Mass., held on the 17th instant, appropriate resolutions in honor of the deceased, accompanied with a few eloquent observations, were introduced by Mr. Choate, and unanimously adopted. It was voted by the meeting, that Mr. Webster should be requested to present these resolutions to the Supreme Judicial Court at its next term in Boston.

In compliance with this request, at the opening of the next term of the court, on the 14th of November, 1848, prayer having been offered, Mr. Webster rose and spoke as follows.]

May it please your Honors,--JEREMIAH MASON, one of the counsellors of this court, departed this life on the 14th of October, at his residence in this city. The death of one of its members, so highly respected, so much admired and venerated, could not fail to produce a striking impression upon the members of this bar; and a meeting was immediately called, at which a member of this court, just on the eve of leaving the practice of his profession for a seat on the bench,[1] presided; and resolutions expressive of the sense entertained by the bar of the high character of the deceased, and of sincere condolence with those whom his loss touched more nearly, were moved by one of his distinguished brethren, and adopted with entire unanimity. My brethren have appointed me to the honorable duty of presenting these resolutions to this court; and it is in discharge of that duty that I rise to address you, and pray that the resolutions which I hold in my hand may be read by the clerk.

The clerk of the court then read the resolutions, as follows:--

"Resolved, That the members of this bar have heard with profound emotion of the decease of the Honorable Jeremiah Mason, one of the most eminent and distinguished of the great men who have ever adorned this profession; and, as well in discharge of a public duty, as in obedience to the dictates of our private feelings, we think it proper to mark this occasion by some attempt to record our estimate of his pre-eminent abilities and high character.

"Resolved, That the public character and services of Mr. Mason demand prominent commemoration; that, throughout his long life, whether as a private person or in public place, he maintained a wide and various intercourse with public men, and cherished a constant and deep interest in public affairs, and by his vast practical wisdom and sagacity, the fruit of extraordinary intellectual endowments, matured thought, and profound observation, and by the soundness of his opinions and the comprehensiveness and elevated tone of his politics, he exerted at all times a great and most salutary influence upon the sentiments and policy of the community and the country; and that, as a Senator in the Congress of the United States during a period of many years, and in a crisis of affairs which demanded the wisdom of the wisest and the civil virtues of the best, he was distinguished among the most eminent men of his country for ability in debate, for attention to all the duties of his great trust, for moderation, for prudence, for fidelity to the obligations of that party connection to which he was attached, for fidelity still more conspicuous and still more admirable to the higher obligations of a thoughtful and enlarged patriotism.

"Resolved, That it was the privilege of Mr. Mason to come to the bar when the jurisprudence of New England was yet in its infancy; that he brought to its cultivation great general ability, and a practical sagacity, logical power, and patient research,--constituting altogether a legal genius, rarely if ever surpassed; that it was greatly through his influence that the growing wants of a prosperous State were met and satisfied by a system of common law at once flexible and certain, deduced by the highest human wisdom from the actual wants of the community, logically correct, and practically useful; that in the fact that the State of New Hampshire now possesses such a system of law, whose gladsome light has shone on other States, are seen both the product and the monument of his labors, less conspicuous, but not less real, than if embodied in codes and institutes bearing his name; yet that, bred as he was to the common law, his great powers, opened and liberalized by its study and practice, enabled him to grasp readily, and wield with entire ease, those systems of equity, applicable to the transactions of the land or the sea, which, in recent times, have so much meliorated and improved the administration of justice in our country.

"Resolved, That as respects his practice as a counsellor and advocate at this bar, we would record our sense of his integrity, prudence, fidelity, depth of learning, knowledge of men and affairs, and great powers of persuading kindred minds; and we know well, that, when he died, there was extinguished one of the few great lights of the old common law.

"Resolved, That Mr. Webster be requested to present these resolutions to the Supreme Judicial Court, at its next term, in Boston; and the District Attorney of the United States be requested to present them to the Circuit Court of the United States now in session.

"Resolved, That the Secretary communicate to the family of Mr. Mason a copy of these resolutions, together with the respectful sympathy of the bar."

The proprieties of this occasion (continued Mr. Webster) compel me, with whatever reluctance, to refrain from the indulgence of the personal feelings which arise in my heart, upon the death of one with whom I have cultivated a sincere, affectionate, and unbroken friendship, from the day when I commenced my own professional career, to the closing hour of his life. I will not say, of the advantages which I have derived from his intercourse and conversation, all that Mr. Fox said of Edmund Burke; but I am bound to say, that of my own professional discipline and attainments, whatever they may be, I owe much to that close attention to the discharge of my duties which I was compelled to pay, for nine successive years, from day to day, by Mr. Mason's efforts and arguments at the same bar. Fas est ab hoste doceri; and I must have been unintelligent, indeed, not to have learned something from the constant displays of that power which I had so much occasion to see and to feel.

It is the more appropriate duty of the present moment to give some short notice of his life, character, and the qualities of his mind and heart, so that he may be presented as an example to those who are entering upon or pursuing the same career. Four or five years ago, Mr. Mason drew up a biography of himself, from the earliest period of his recollection to the time of his removal to Portsmouth, in 1797; which is interesting, not only for the information it gives of the mode in which the habits of his life were formed, but also for the manner of its composition.

He was born on the 27th day of April, 1768, at Lebanon in Connecticut. His remotest ancestor in this country was Captain John Mason (an officer who had served with distinction in the Netherlands, under Sir Thomas Fairfax), who came from England in 1630, and settled at Dorchester in the Colony of Massachusetts. His great-grandfather lived at Haddam. His grandfather, born in 1705, lived at Norwich, and died in the year 1779. Mr. Mason remembered him, and recollected his character, as that of a respectable and deeply religious man. His ancestor on the maternal side was James Fitch, a learned divine, who came from England and settled in Saybrook, but removed to Lebanon, where he died. A Latin epitaph, in the ancient burying-ground of that town, records his merits. One of his descendants held a large tract of land in the parish of Goshen, in the town of Lebanon, by grant from the Indians; one half of which, near a century afterwards, was bequeathed to his daughter, Elizabeth Fitch, the mother of Mr. Mason. To this property Mr. Mason's father removed soon after his marriage, and there he died, in 1813. The title of this land was obtained from Uncas, an Indian sachem in that neighborhood, by the great-grandfather of Mr. Mason's mother, and has never been alienated from the family. It is now owned by Mr. Mason's nephew, Jeremiah Mason, the son of his eldest brother James. The family has been distinguished for longevity; the average ages of Mr. Mason's six immediate ancestors having exceeded eighty-three years each. Mr. Mason was the sixth of nine children, all of whom are now dead.

Mr. Mason's father was a man of intelligence and activity, of considerable opulence, and highly esteemed by the community. At the commencement of the Revolutionary war, being a zealous Whig, he raised and commanded a company of minute-men, as they were called, and marched to the siege of Boston. Here he rendered important service, being stationed at Dorchester Heights, and engaged in fortifying that position. In the autumn of that year, he was promoted to a colonelcy, and joined the army with his regiment, in the neighborhood of New York. At the end of the campaign, he returned home out of health, but retained the command of his regiment, which he rallied and brought out with celerity and spirit when General Arnold assaulted and burned New London. He became attached to military life, and regretted that he had not at an early day entered the Continental service. Colonel Mason was a good man, affectionate to his family, kind and obliging to his neighbors, and faithful in the observance of all moral and religious duties.

Mr. Mason's mother was distinguished for a good understanding, much discretion, the purity of her heart and affections, and the exemplary kindness and benevolence of her life. It was her great anxiety to give all her children the best education, within the means of the family, which the state of the country would allow; and she was particularly desirous that Jeremiah should be sent to college. "In my recollection of my mother," says Mr. Mason, "she was the personification of love, kindness, and benevolence."

Destined for an education and for professional life, Mr. Mason was sent to Yale College, at sixteen years of age; his preparatory studies having been pursued under "Master Tisdale," who had then been forty years at the head of a school in Lebanon, which had become distinguished, and among the scholars of which were the Wheelocks, afterwards Presidents of Dartmouth College. He was graduated in 1784, and performed a part in the Commencement exercises, which greatly raised the expectation of his friends, and gratified and animated his love for distinction. "In the course of a long and active life," says he, "I recollect no occasion when I have experienced such elevation of feeling." This was the effect of that spirit of emulation which incited the whole course of his life of usefulness. There is now prevalent among us a morbid and sickly notion, that emulation, even as honorable rivalry, is a debasing passion, and not to be encouraged. It supposes that the mind should be left without such excitement, in a dreamy and undisturbed state, flowing or not flowing, according to its own impulse, without such aids as are furnished by the rivalry of one with another. For one, I do not believe in this. I hold to the doctrine of the old school, as to this part of education. Quinctilian says: "Sunt quidam, nisi institeris, remissi; quidam imperio indignantur: quosdam continet metus, quosdam debilitat: alios continuatio extundit, in aliis plus impetus facit. Mihi ille detur puer, quem laus excitet, quem gloria juvet, qui victus fleat; hic erit alendus ambitu, hunc mordebit objurgatio, hunc honor excitabit; in hoc desidiam nunquam verebor." I think this is sound sense and just feeling.

Mr. Mason was destined for the law, and commenced the study of that profession with Mr. Baldwin, a gentleman who has lived to perform important public and private duties, has served his country in Congress, and on the bench of the Supreme Court of Connecticut, and still lives to hear the account of the peaceful death of his distinguished pupil. After a year, he went to Vermont, in whose recently established tribunals he expected to find a new sphere for the gratification of ambition, and the employment of talents. He studied in the office of Stephen Rowe Bradley, afterwards a Senator in Congress; and was admitted to the bar, in Vermont and New Hampshire, in the year 1791.

He began his career in Westmoreland, a few miles below Walpole, at the age of twenty-three; but in 1794, three years afterwards, removed to Walpole, as being a larger village, where there was more society and more business. There was at that time on the Connecticut River a rather unusual number of gentlemen, distinguished for polite accomplishments and correct tastes in literature, and among them some well known to the public as respectable writers and authors. Among these were Mr. Benjamin West, Mr. Dennie, Mr. Royall Tyler, Mr. Jacobs, Mr. Samuel Hunt, Mr. J.W. Blake, Mr. Colman (who established, and for a long time edited, the "New York Evening Post"), and Mr. Olcott. In the association with these gentlemen, and those like them, Mr. Mason found an agreeable position, and cultivated tastes and habits of the highest character.

About this period, he made a journey to Virginia, on some business connected with land titles, where he had much intercourse with Major-General Henry Lee; and, on his return, he saw President Washington, at Philadelphia, and was greatly struck by the urbanity and dignity of his manner. He heard Fisher Ames make his celebrated speech upon the British treaty. All that the world has said with regard to the extraordinary effect produced by that speech, and its wonderful excellence, is fully confirmed by the opinion of Mr. Mason. He speaks of it as one of the highest exhibitions of popular oratory that he had ever witnessed; popular, not in any low sense, but popular as being addressed to a popular body, and high in all the qualities of sound reasoning and enlightened eloquence.

Mr. Mason was inclined to exercise his abilities in a larger sphere. He had at this time made the acquaintance of Aaron Burr and Alexander Hamilton. The former advised Mr. Mason to remove himself to New York. His own preference was for Boston; but he thought, that, filled as it then was by distinguished professional ability, it was too crowded to allow him a place. That was a mistake. On the contrary, the bar of this city, with the utmost liberality and generosity of feeling and sentiment, have always been ready to receive, with open arms, every honorable acquisition to the dignity and usefulness of the profession, from other States. Mr. Mason, however, removed to Portsmouth in the autumn of 1797; and, as was to be expected, his practice soon became extensive. He was appointed Attorney-General in 1802. About that time, the late learned and lamented Chief Justice Smith retired from his professional duties, to take his place as a judge; and Mr. Mason became the acknowledged head of his profession. He resigned the office of Attorney-General, three or four years afterwards, to the great regret of the court, the bar, and the country. As a prosecuting officer, he was courteous, inflexible, and just; careful that the guilty should not escape, and that the honest should be protected. He was impartial, almost judicial, in the administration of his great office. He had no morbid eagerness for conviction; and never permitted, as sometimes occurs, an unworthy wrangling between the official power prosecuting, and the zeal of the other party defending. His official course produced exactly the ends it was designed to do. The honest felt safe; but there was a trembling and fear in the evil disposed, that the transgressed law would be vindicated.

Very much confined to his profession, he never sought office or political elevation. Yet he held decided opinions upon all political questions, and cultivated acquaintance with all the leading subjects of the day; and no man was more keenly alive than he to whatever occurred, at home or abroad, involving the great interests of the civilized world.

His political principles, opinions, judgments, were framed upon those of the men of the times of Washington. From these, to the last, he never swerved. The copy was well executed. His conversation on subjects of state was as instructive and interesting as upon professional topics. He had the same reach of thought, and exhibited the same comprehensive mind, and sagacity quick and far seeing, with regard to political things and men, as he did in professional affairs. His influence was, therefore, hardly the less from the fact that he was not actively engaged in political life. There was an additional weight given to his judgment, arising from his being a disinterested beholder only. The looker-on can sometimes form a more independent and impartial opinion of the course and results of the contest, than those who are actually engaged in it.

But at length, in June, 1813, he was persuaded to accept the post of a Senator of the United States, and took his seat that month. He was in Congress during the sessions of 1813 and 1814. Those were very exciting times; party spirit ran very high, and each party put forward its most prominent and gifted men. Both houses were filled by the greatest intellects of the country. Mr. Mason found himself by the side of Rufus King, Giles, Goldsborough, Gore, Barbour, Daggett, Hunter, and other distinguished public men. Among men of whatever party, and however much some of them differed from him in opinion or political principle, there was not one of them all but felt pleasure if he spoke, and respected his uncommon ability and probity, and his fair and upright demeanor in his place and station. He took at once his appropriate position. Of his associates and admirers in the other house, there are some eminent persons now living who were occasional listeners to his speeches and much struck with his ability; together with Pickering, Benson, Pitkin, Stockton, Lowndes, Gaston, and Hopkinson, now all deceased, who used to flock to hear him, and always derived deep gratification and instruction from his talents, character, and power.

He resigned his seat in the Senate in 1817. His published speeches are not numerous. The reports of that day were far less complete than now, and comparatively few debates were preserved and revised. It was a remarkable truth, that he always thought far too lightly of himself and all his productions. I know that he was with difficulty persuaded to prepare his speeches in Congress for publication; and in this memorial of himself which I have before me he says, with every appearance and feeling of sincerity, that he "has never acted any important part in life, but has felt a deep interest in the conduct of others."

His two main speeches were, first, one of great vigor, in the Senate, in February, 1814, on the Embargo, just before that policy was abandoned. The other was later, in December, 1815, shortly before the peace, on Mr. Giles's Conscription Bill, in which he discussed the subject of the enlistment of minors; and the clause authorizing such enlistment was struck out upon his motion.

He was afterwards for several years a member of the New Hampshire Legislature, and assisted in revising the code of that State. He paid much attention to the subject of the judicature, and performed his services fully to the satisfaction of the State; and the result of his labors was warmly commended. In 1824 he was again a candidate for the Senate of the United States. The election was to be made by the concurrent vote of the two branches of the Legislature. In the popular branch he was chosen by a strong vote. The Senate, however, non-concurred; by which means the election was lost,--a loss to the country, not to him,--by force of circumstances and agencies not now or ever fit to be recalled or remembered.

He continued to reside for many years in Portsmouth. His residence in that ancient town was a happy one. He was happy in his family and in the society of the town, surrounded by agreeable neighbors, respected by the bar and the court, and standing at the head of his profession. He had a great love of conversation. He took pleasure in hearing others talk, and gave an additional charm by the freshness, agreeableness, and originality of his own observations. His warm hospitality left him never alone, and his usefulness was felt as much within the walls of the homes, as of the tribunals, of Portsmouth. There are yet many in that town who love him and his; many who witnessed, as children, and recollect, the enthusiasm with which he was greeted by their fathers and mothers; and all in New Hampshire old enough to remember him will feel what we feel here on this occasion.

Led at last partly by the desire of exerting his abilities in a larger sphere of usefulness, and partly by the fact of the residence here of beloved domestic connections, he came to this city, and entered upon the performance of his professional duties in 1832. Of the manner in which he discharged those duties, this court is the most competent judge. You, Mr. Chief Justice, and the venerable associate who usually occupies a place at your right,[2] have been witnesses of the whole. You know the fidelity with which he observed his duty to the court, as well as his duty to his clients. In learning, assiduity, respect for the bench, uprightness, and integrity, he stood as an example to the bar. You know the general probity and talent with which he performed, for so many years, the duty of a counsellor of this court.

I should hardly trust myself to make any analysis of Mr. Mason's mind. I may be a partial judge. But I may speak of what I myself admire and venerate. The characteristics of Mr. Mason's mind, as I think, were real greatness, strength, and sagacity. He was great through strong sense and sound judgment, great by comprehensive views of things, great by high and elevated purposes. Perhaps sometimes he was too cautious and refined, and his distinctions became too minute; but his discrimination arose from a force of intellect, and quick-seeing, far-reaching sagacity, everywhere discerning his object and pursuing it steadily. Whether it was popular or professional, he grasped a point and held it with a strong hand. He was sarcastic sometimes, but not frequently; not frothy or petulant, but cool and vitriolic. Unfortunate for him on whom his sarcasm fell!

His conversation was as remarkable as his efforts at the bar. It was original, fresh, and suggestive; never dull or indifferent. He never talked when he had nothing to say. He was particularly agreeable, edifying, and instructive to all about him; and this was the charm of the social intercourse in which he was connected.

As a professional man, Mr. Mason's great ability lay in the department of the common law. In this part of jurisprudence he was profoundly learned. He had drunk copiously from its deepest springs; and he had studied with diligence and success the departures from the English common law which had taken place in this country, either necessarily, from difference of condition, or positively, by force of our own statutes. In his addresses, both to courts and juries, he affected to despise all eloquence, and certainly disdained all ornament; but his efforts, whether addressed to one tribunal or the other, were marked by a degree of clearness, directness, and force not easy to be equalled. There were no courts of equity, as a separate and distinct jurisdiction, in New Hampshire, during his residence in that State. Yet the equity treatises and equity reports were all in his library, not "wisely ranged for show," but for constant and daily consultation; because he saw that the common law itself was growing every day more and more liberal, that equity principles were constantly forcing themselves into its administration and within its rules; that the subjects of litigation in the courts were constantly becoming, more and more, such as escaped from the technicalities and the trammels of the common law, and offered themselves for discussion and decision on the broader principles of general jurisprudence. Mr. Mason, like other accomplished lawyers, and more than most, admired the searching scrutiny and the high morality of a court of equity; and felt the instruction and edification resulting from the perusal of the judgments of Lord Hardwicke, Lord Eldon, and Sir William Grant, as well as of those of great names in our own country, not now among the living.

Among his early associates in New Hampshire, there were many distinguished men. Of those now dead were Mr. West, Mr. Gordon, Edward St. Loe Livermore, Peleg Sprague, William K. Atkinson, George Sullivan, Thomas W. Thompson, and Amos Kent; the last of these having been always a particular personal friend. All of these gentlemen in their day held high and respectable stations, and were eminent as lawyers of probity and character.

Another contemporary and friend of Mr. Mason was Mr. Timothy Bigelow, a lawyer of reputation, a man of probity and honor, attractive by his conversation, and highly agreeable in his social intercourse. Mr. Bigelow, we all know, was of this State, in which he filled high offices with great credit; but, as a counsellor and advocate, he was constant in his attendance on the New Hampshire courts. Having known Mr. Bigelow from my early youth, I have pleasure in recalling the mutual regard and friendship which I know to have subsisted between him and the subject of these remarks. I ought not to omit Mr. Wilson and Mr. Betton, in mentioning Mr. Mason's contemporaries at the bar. They were near his own age, and both well known as lawyers and public men.

Mr. Mason, while yet in New Hampshire, found himself engaged in causes in which that illustrious man, Samuel Dexter, also appeared. The late Mr. Justice Story was still more frequently at the bar of that State; and, at a period somewhat earlier, your great and distinguished predecessor, Chief Justice Parsons, occasionally presented himself before the courts at Portsmouth or Exeter, and he is known to have entertained a very high regard, personal and professional, as well for Mr. Mason as for the late Chief Justice Smith.

Among those still living, with whom Mr. Mason was on terms of intimacy, and with whom he associated at the bar, were Messrs. Plumer, Arthur Livermore, Samuel Bell, and Charles H. Atherton. If these respected men could be here to-day, every one of them would unite with us in our tribute of love and veneration to his memory.

But, Sir, political eminence and professional fame fade away and die with all things earthly. Nothing of character is really permanent but virtue and personal worth. These remain. Whatever of excellence is wrought into the soul itself belongs to both worlds. Real goodness does not attach itself merely to this life; it points to another world. Political or professional reputation cannot last for ever; but a conscience void of offence before God and man is an inheritance for eternity. Religion, therefore, is a necessary and indispensable element in any great human character. There is no living without it. Religion is the tie that connects man with his Creator, and holds him to his throne. If that tie be all sundered, all broken, he floats away, a worthless atom in the universe; its proper attractions all gone, its destiny thwarted, and its whole future nothing but darkness, desolation, and death. A man with no sense of religious duty is he whom the Scriptures describe, in such terse but terrific language, as living "without God in the world." Such a man is out of his proper being, out of the circle of all his duties, out of the circle of all his happiness, and away, far, far away, from the purposes of his creation.

A mind like Mr. Mason's, active, thoughtful, penetrating, sedate, could not but meditate deeply on the condition of man below, and feel its responsibilities. He could not look on this mighty system,

"This universal frame, thus wondrous fair,"

without feeling that it was created and upheld by an Intelligence, to which all other intelligences must be responsible. I am bound to say, that in the course of my life I never met with an individual, in any profession or condition of life, who always spoke, and always thought, with such awful reverence of the power and presence of God. No irreverence, no lightness, even no too familiar allusion to God and his attributes, ever escaped his lips. The very notion of a Supreme Being was, with him, made up of awe and solemnity. It filled the whole of his great mind with the strongest emotions. A man like him, with all his proper sentiments and sensibilities alive in him, must, in this state of existence, have something to believe and something to hope for; or else, as life is advancing to its close and parting, all is heart-sinking and oppression. Depend upon it, whatever may be the mind of an old man, old age is only really happy, when, on feeling the enjoyments of this world pass away, it begins to lay a stronger hold on those of another.

Mr. Mason's religious sentiments and feelings were the crowning glories of his character. One, with the strongest motives to love and venerate him, and the best means of knowledge, says:--

"So far as my memory extends, he always showed a deep conviction of the divine authority of the Holy Scriptures, of the institutions of Christianity, and of the importance of personal religion. Soon after his residence in Boston, he entered the communion of the Church, and has continued since regularly to receive the Lord's Supper. From that time, he also habitually maintained domestic worship, morning and evening. The death of two of his sons produced a deep impression upon his mind, and directed it in an increased degree to religious subjects.

"Though he was always reserved in the expression of religious feeling, still it has been very apparent, for several years, that his thoughts dwelt much upon his practical religious duties, and especially upon preparation for another world. Within three or four years, he frequently led the conversation to such subjects; and during the year past, immediate preparation for his departure has been obviously the constant subject of his attention. His expressions in regard to it were deeply humble; and, indeed, the very humble manner in which he always spoke of himself was most marked.

"I have observed, of late years, an increasing tenderness in his feelings and manner, and a desire to impress his family with the conviction that he would not remain long with them. His allusions of this kind have been repeated, even when apparently in his usual health; and they indicated the current of his thoughts.

"He retained his consciousness till within a few hours of his death, and made distinct replies to every question put to him. He was fully aware that his end was near; and in answer to the question, 'Can you now rest with firm faith upon the merits of your Divine Redeemer?' he said, 'I trust I do, upon what else can I rest?'

"At another time, in reply to a similar question, he said, 'Of course, I have no other ground of hope.' We did not often speak to him during those last three days, but had no doubt that he was entirely conscious of his state, knew that his family were all near, and that his mind was free from anxiety. He could not speak with ease, and we were unwilling to cause him the pain of exertion. His whole life, marked by uniform greatness, wisdom, and integrity, his deep humility, his profound reverence for the Divine Majesty, his habitual preparation for death, his humble trust in his Saviour, left nothing to be desired for the consolation of his family under this great loss. He was gradually prepared for his departure. His last years were passed in calm retirement; and he died as he wished to die, with his faculties unimpaired, without great pain, with his family around his bed, the precious promises of the Gospel before his mind, without lingering disease, and yet not suddenly called away."

Such, Mr. Chief Justice, was the life, and such the death, of JEREMIAH MASON. For one, I could pour out my heart like water, at the recollection of his virtues and his friendship, and in the feeling of his loss. I would embalm his memory in my best affections. His personal regard, so long continued to me, I esteem one of the greatest blessings of my life; and I hope that it may be known hereafter, that, without intermission or coolness through many years, and until he descended to his grave, Mr. Mason and myself were friends.

Mr. Mason died in old age; not by a violent stroke from the hand of death, not by a sudden rupture of the ties of nature, but by a gradual wearing out of his constitution. He enjoyed through life, indeed, remarkable health. He took competent exercise, loved the open air, and, avoiding all extreme theories or practice, controlled his conduct and habits of life by the rules of prudence and moderation. His death was therefore not unlike that described by the angel, admonishing Adam:--

"I yield it just, said Adam, and submit. But is there yet no other way, besides These painful passages, how we may come To death, and mix with our connatural dust?

"There is, said Michael, if thou well observe The rule of 'Not too much,' by temperance taught, In what thou eat'st and drink'st; seeking from thence Due nourishment, not gluttonous delight; Till many years over thy head return, So mayst thou live; till, like ripe fruit, thou drop Into thy mother's lap; or be with ease Gathered, not harshly plucked; for death mature. This is old age."

[Footnote 1: Mr. Justice Richard Fletcher.]

[Footnote 2: Mr. Justice Wilde.]

KOSSUTH.

FROM A SPEECH DELIVERED IN BOSTON, ON THE 7TH OF NOVEMBER, 1849, AT A FESTIVAL OF THE NATIVES OF NEW HAMPSHIRE ESTABLISHED IN MASSACHUSETTS.

We have all had our sympathies much enlisted in the Hungarian effort for liberty. We have all wept at its failure. We thought we saw a more rational hope of establishing free government in Hungary than in any other part of Europe, where the question has been in agitation within the last twelve months. But despotic power from abroad intervened to suppress that hope.

And, Gentlemen, what will come of it I do not know. For my part, at this moment, I feel more indignant at recent events connected with Hungary than at all those which passed in her struggle for liberty. I see that the Emperor of Russia demands of Turkey that the noble Kossuth and his companions shall be given up, to be dealt with at his pleasure. And I see that this demand is made in derision of the established law of nations. Gentlemen, there is something on earth greater than arbitrary or despotic power. The lightning has its power, and the whirlwind has its power, and the earthquake has its power; but there is something among men more capable of shaking despotic thrones than lightning, whirlwind, or earthquake, and that is, the excited and aroused indignation of the whole civilized world. Gentlemen, the Emperor of Russia holds himself to be bound by the law of nations, from the fact that he negotiates with civilized nations, and that he forms alliances and treaties with them. He professes, in fact, to live in a civilized age, and to govern an enlightened nation. I say, that if, under these circumstances, he shall perpetrate so great a violation of national law as to seize these Hungarians and to execute them, he will stand as a criminal and malefactor in the view of the public law of the world. The whole world will be the tribunal to try him, and he must appear before it, and hold up his hand, and plead, and abide its judgment.

The Emperor of Russia is the supreme lawgiver in his own country, and, for aught I know, the executor of that law also. But, thanks be to God, he is not the supreme lawgiver or executor of national law, and every offence against that is an offence against the rights of the civilized world. If he breaks that law in the case of Turkey, or any other case, the whole world has a right to call him out, and to demand his punishment.

Our rights as a nation, like those of other nations, are held under the sanction of national law; a law which becomes more important from day to day; a law which none, who profess to agree to it, are at liberty to violate. Nor let him imagine, nor let any one imagine, that mere force can subdue the general sentiment of mankind. It is much more likely to diffuse that sentiment, and to destroy the power which he most desires to establish and secure.

Gentlemen, the bones of poor John Wickliffe were dug out of his grave, seventy years after his death, and burnt for his heresy; and his ashes were thrown upon a river in Warwickshire. Some prophet of that day said:

"The Avon to the Severn runs, The Severn to the sea, And Wickliffe's dust shall spread abroad, Wide as the waters be."

Gentlemen, if the blood of Kossuth is taken by an absolute, unqualified, unjustifiable violation of national law, what will it appease, what will it pacify? It will mingle with the earth, it will mix with the waters of the ocean, the whole civilized world will snuff it in the air, and it will return with awful retribution on the heads of those violators of national law and universal justice. I can not say when, or in what form; but depend upon it, that, if such an act take place, then thrones, and principalities, and powers, must look out for the consequences.

And now, Gentlemen, let us do our part; let us understand the position in which we stand, as the great republic of the world, at the most interesting era of its history. Let us consider the mission and the destiny which Providence seems to have designed for us, and let us so take care of our own conduct, that, with irreproachable hearts, and with hands void of offence, we may stand up whenever and wherever called upon, and, with a voice not to be disregarded, say, This shall not be done, at least not without our protest.

THE CONSTITUTION AND THE UNION.

A SPEECH DELIVERED IN THE SENATE OF THE UNITED STATES, ON THE 7TH OF MARCH, 1850.

[On the 25th of January, 1850, Mr. Clay submitted a series of resolutions to the Senate, on the subject of slavery, in connection with the various questions which had arisen in consequence of the acquisition of Mexican territory. These resolutions furnished the occasion of a protracted debate. On Wednesday, the 6th of March, Mr. Walker of Wisconsin engaged in the discussion, but, owing to the length of time taken up by repeated interruptions, he was unable to finish his argument. In the mean time it had been generally understood that Mr. Webster would, at an early day, take an opportunity of addressing the Senate on the present aspect of the slavery question, on the dangers to the Union of the existing agitation, and on the terms of honorable adjustment. In the expectation of hearing a speech from him on these all-important topics, an immense audience assembled in the Senate-Chamber at an early hour of Thursday, the 7th of March. The floor, the galleries, and the antechambers of the Senate were crowded, and it was with difficulty that the members themselves were able to force their way to their seats.

At twelve o'clock the special order of the day was announced, and the Vice-President stated that Mr. Walker of Wisconsin was entitled to the floor. That gentleman, however, rose and said:--

"Mr. President, this vast audience has not come together to hear me, and there is but one man, in my opinion, who can assemble such an audience. They expect to hear him, and I feel it to be my duty, therefore, as it is my pleasure, to give the floor to the Senator from Massachusetts. I understand it is immaterial to him upon which of these questions he speaks, and therefore I will not move to postpone the special order."

Mr. Webster then rose, and, after making his acknowledgments to the Senators from Wisconsin (Mr. Walker) and New York (Mr. Seward) for their courtesy in yielding the floor to him, delivered the following speech, which, in consideration of its character and of the manner in which it was received throughout the country, has been entitled a speech for "the Constitution and the Union." In the pamphlet edition it was dedicated in the following terms to the people of Massachusetts:--

WITH THE HIGHEST RESPECT,

AND THE DEEPEST SENSE OF OBLIGATION,

I DEDICATE THIS SPEECH

TO THE

PEOPLE OF MASSACHUSETTS.

"HIS EGO GRATIORA DICTU ALIA ESSE SCIO; SED ME VERA PRO GRATIS LOQUI, ETSI MEUM INGENIUM NON MONERET, NECESSITAS COGIT. VELLEM, EQUIDEM, VOBIS PLACERE; SED MULTO MALO VOS SALVOS ESSE, QUALICUMQUE ERGA ME ANIMO FUTURI ESTIS."

DANIEL WEBSTER.]

Mr. President,--I wish to speak to-day, not as a Massachusetts man, nor as a Northern man, but as an American, and a member of the Senate of the United States. It is fortunate that there is a Senate of the United States; a body not yet moved from its propriety, not lost to a just sense of its own dignity and its own high responsibilities, and a body to which the country looks, with confidence, for wise, moderate, patriotic, and healing counsels. It is not to be denied that we live in the midst of strong agitations, and are surrounded by very considerable dangers to our institutions and government. The imprisoned winds are let loose. The East, the North, and the stormy South combine to throw the whole sea into commotion, to toss its billows to the skies, and disclose its profoundest depths. I do not affect to regard myself, Mr. President, as holding, or as fit to hold, the helm in this combat with the political elements; but I have a duty to perform, and I mean to perform it with fidelity, not without a sense of existing dangers, but not without hope. I have a part to act, not for my own security or safety, for I am looking out for no fragment upon which to float away from the wreck, if wreck there must be, but for the good of the whole, and the preservation of all; and there is that which will keep me to my duty during this struggle, whether the sun and the stars shall appear, or shall not appear, for many days. I speak to-day for the preservation of the Union. "Hear me for my cause." I speak to-day, out of a solicitous and anxious heart, for the restoration to the country of that quiet and that harmony which make the blessings of this Union so rich, and so dear to us all. These are the topics that I propose to myself to discuss; these are the motives, and the sole motives, that influence me in the wish to communicate my opinions to the Senate and the country; and if I can do any thing, however little, for the promotion of these ends, I shall have accomplished all that I expect.

Mr. President, it may not be amiss to recur very briefly to the events which, equally sudden and extraordinary, have brought the country into its present political condition. In May, 1846, the United States declared war against Mexico. Our armies, then on the frontiers, entered the provinces of that republic, met and defeated all her troops, penetrated her mountain passes, and occupied her capital. The marine force of the United States took possession of her forts and her towns, on the Atlantic and on the Pacific. In less than two years a treaty was negotiated, by which Mexico ceded to the United States a vast territory, extending seven or eight hundred miles along the shores of the Pacific, and reaching back over the mountains, and across the desert, until it joins the frontier of the State of Texas. It so happened, in the distracted and feeble condition of the Mexican government, that, before the declaration of war by the United States against Mexico had become known in California, the people of California, under the lead of American officers, overthrew the existing Mexican provincial government, and raised an independent flag. When the news arrived at San Francisco that war had been declared by the United States against Mexico, this independent flag was pulled down, and the stars and stripes of this Union hoisted in its stead. So, Sir, before the war was over, the forces of the United States, military and naval, had possession of San Francisco and Upper California, and a great rush of emigrants from various parts of the world took place into California in 1846 and 1847. But now behold another wonder.

In January of 1848, a party of Mormons made a discovery of an extraordinarily rich mine of gold, or rather of a great quantity of gold, hardly proper to be called a mine, for it was spread near the surface, on the lower part of the south, or American, branch of the Sacramento. They attempted to conceal their discovery for some time; but soon another discovery of gold, perhaps of greater importance, was made, on another part of the American branch of the Sacramento, and near Sutter's Fort, as it is called. The fame of these discoveries spread far and wide. They inflamed more and more the spirit of emigration towards California, which had already been excited; and adventurers crowded into the country by hundreds, and flocked towards the Bay of San Francisco. This, as I have said, took place in the winter and spring of 1848. The digging commenced in the spring of that year, and from that time to this the work of searching for gold has been prosecuted with a success not heretofore known in the history of this globe. You recollect, Sir, how incredulous at first the American public was at the accounts which reached us of these discoveries but we all know, now, that these accounts received, and continue to receive, daily confirmation, and down to the present moment I suppose the assurance is as strong, after the experience of these several months, of the existence of deposits of gold apparently inexhaustible in the regions near San Francisco, in California, as it was at any period of the earlier dates of the accounts.

It so happened, Sir, that although, after the return of peace, it became a very important subject for legislative consideration and legislative decision to provide a proper territorial government for California, yet differences of opinion between the two houses of Congress prevented the establishment of any such territorial government at the last session. Under this state of things, the inhabitants of California, already amounting to a considerable number, thought it to be their duty, in the summer of last year, to establish a local government. Under the proclamation of General Riley, the people chose delegates to a convention, and that convention met at Monterey. It formed a constitution for the State of California, which, being referred to the people, was adopted by them in their primary assemblages. Desirous of immediate connection with the United States, its Senators were appointed and Representatives chosen, who have come hither, bringing with them the authentic constitution of the State of California; and they now present themselves, asking, in behalf of their constituents, that it may be admitted into this Union as one of the United States. This constitution, Sir, contains an express prohibition of slavery, or involuntary servitude, in the State of California. It is said, and I suppose truly, that, of the members who composed that convention, some sixteen were natives of, and had been residents in, the slave-holding States, about twenty-two were from the non-slaveholding States, and the remaining ten members were either native Californians or old settlers in that country. This prohibition of slavery, it is said, was inserted with entire unanimity.

It is this circumstance, Sir, the prohibition of slavery, which has contributed to raise, I do not say it has wholly raised, the dispute as to the propriety of the admission of California into the Union under this constitution. It is not to be denied, Mr. President, nobody thinks of denying, that, whatever reasons were assigned at the commencement of the late war with Mexico, it was prosecuted for the purpose of the acquisition of territory, and under the alleged argument that the cession of territory was the only form in which proper compensation could be obtained by the United States, from Mexico, for the various claims and demands which the people of this country had against that government. At any rate, it will be found that President Polk's message, at the commencement of the session of December, 1847, avowed that the war was to be prosecuted until some acquisition of territory should be made. As the acquisition was to be south of the line of the United States, in warm climates and countries, it was naturally, I suppose, expected by the South, that whatever acquisitions were made in that region would be added to the slave-holding portion of the United States. Very little of accurate information was possessed of the real physical character, either of California or New Mexico, and events have not turned out as was expected. Both California and New Mexico are likely to come in as free States; and therefore some degree of disappointment and surprise has resulted. In other words, it is obvious that the question which has so long harassed the country, and at some times very seriously alarmed the minds of wise and good men, has come upon us for a fresh discussion,--the question of slavery in these United States.

Now, Sir, I propose, perhaps at the expense of some detail and consequent detention of the Senate, to review historically this question, which, partly in consequence of its own importance, and partly, perhaps mostly, in consequence of the manner in which it has been discussed in different portions of the country, has been a source of so much alienation and unkind feeling between them.

We all know, Sir, that slavery has existed in the world from time immemorial. There was slavery, in the earliest periods of history, among the Oriental nations. There was slavery among the Jews; the theocratic government of that people issued no injunction against it. There was slavery among the Greeks; and the ingenious philosophy of the Greeks found, or sought to find, a justification for it exactly upon the grounds which have been assumed for such a justification in this country; that is, a natural and original difference among the races of mankind, and the inferiority of the black or colored race to the white. The Greeks justified their system of slavery upon that idea, precisely. They held the African and some of the Asiatic tribes to be inferior to the white race; but they did not show, I think, by any close process of logic, that, if this were true, the more intelligent and the stronger had therefore a right to subjugate the weaker.

The more manly philosophy and jurisprudence of the Romans placed the justification of slavery on entirely different grounds. The Roman jurists, from the first and down to the fall of the empire, admitted that slavery was against the natural law, by which, as they maintained, all men, of whatsoever clime, color, or capacity, were equal; but they justified slavery, first, upon the ground and authority of the law of nations, arguing, and arguing truly, that at that day the conventional law of nations admitted that captives in war, whose lives, according to the notions of the times, were at the absolute disposal of the captors, might, in exchange for exemption from death, be made slaves for life, and that such servitude might descend to their posterity. The jurists of Rome also maintained, that, by the civil law, there might be servitude or slavery, personal and hereditary; first, by the voluntary act of an individual, who might sell himself into slavery; secondly, by his being reduced into a state of slavery by his creditors, in satisfaction of his debts; and, thirdly, by being placed in a state of servitude or slavery for crime. At the introduction of Christianity, the Roman world was full of slaves, and I suppose there is to be found no injunction against that relation between man and man in the teachings of the Gospel of Jesus Christ or of any of his Apostles. The object of the instruction imparted to mankind by the Founder of Christianity was to touch the heart, purify the soul, and improve the lives of individual men. That object went directly to the first fountain of all the political and social relations of the human race, as well as of all true religious feeling, the individual heart and mind of man.

Now, Sir, upon the general nature and influence of slavery there exists a wide difference of opinion between the northern portion of this country and the southern. It is said on the one side, that, although not the subject of any injunction or direct prohibition in the New Testament, slavery is a wrong; that it is founded merely in the right of the strongest; and that it is an oppression, like unjust wars, like all those conflicts by which a powerful nation subjects a weaker to its will; and that, in its nature, whatever may be said of it in the modifications which have taken place, it is not according to the meek spirit of the Gospel. It is not "kindly affectioned"; it does not "seek another's, and not its own"; it does not "let the oppressed go free." These are sentiments that are cherished, and of late with greatly augmented force, among the people of the Northern States. They have taken hold of the religious sentiment of that part of the country, as they have, more or less, taken hold of the religious feelings of a considerable portion of mankind. The South, upon the other side, having been accustomed to this relation between the two races all their lives, from their birth, having been taught, in general, to treat the subjects of this bondage with care and kindness, and I believe, in general, feeling great kindness for them, have not taken the view of the subject which I have mentioned. There are thousands of religious men, with consciences as tender as any of their brethren at the North, who do not see the unlawfulness of slavery; and there are more thousands, perhaps, that, whatsoever they may think of it in its origin, and as a matter depending upon natural right, yet take things as they are, and, finding slavery to be an established relation of the society in which they live, can see no way in which, let their opinions on the abstract question be what they may, it is in the power of the present generation to relieve themselves from this relation. And candor obliges me to say, that I believe they are just as conscientious, many of them, and the religious people, all of them, as they are at the North who hold different opinions.

The honorable Senator from South Carolina[1] the other day alluded to the separation of that great religious community, the Methodist Episcopal Church. That separation was brought about by differences of opinion upon this particular subject of slavery. I felt great concern, as that dispute went on, about the result. I was in hopes that the difference of opinion might be adjusted, because I looked upon that religious denomination as one of the great props of religion and morals throughout the whole country, from Maine to Georgia, and westward to our utmost western boundary. The result was against my wishes and against my hopes. I have read all their proceedings and all their arguments; but I have never yet been able to come to the conclusion that there was any real ground for that separation; in other words, that any good could be produced by that separation. I must say I think there was some want of candor and charity. Sir, when a question of this kind seizes on the religious sentiments of mankind, and comes to be discussed in religious assemblies of the clergy and laity, there is always to be expected, or always to be feared, a great degree of excitement. It is in the nature of man, manifested by his whole history, that religious disputes are apt to become warm in proportion to the strength of the convictions which men entertain of the magnitude of the questions at issue. In all such disputes, there will sometimes be found men with whom every thing is absolute; absolutely wrong, or absolutely right. They see the right clearly; they think others ought so to see it, and they are disposed to establish a broad line, of distinction between what is right and what is wrong. They are not seldom willing to establish that line upon their own convictions of truth and justice; and are ready to mark and guard it by placing along it a series of dogmas, as lines of boundary on the earth's surface are marked by posts and stones. There are men who, with clear perceptions, as they think, of their own duty, do not see how too eager a pursuit of one duty may involve them in the violation of others, or how too warm an embracement of one truth may lead to a disregard of other truths equally important. As I heard it stated strongly, not many days ago, these persons are disposed to mount upon some particular duty, as upon a war-horse, and to drive furiously on and upon and over all other duties that may stand in the way. There are men who, in reference to disputes of that sort, are of opinion that human duties may be ascertained with the exactness of mathematics. They deal with morals as with mathematics; and they think what is right may be distinguished from what is wrong with the precision of an algebraic equation. They have, therefore, none too much charity towards others who differ from them. They are apt, too, to think that nothing is good but what is perfect, and that there are no compromises or modifications to be made in consideration of difference of opinion or in deference to other men's judgment. If their perspicacious vision enables them to detect a spot on the face of the sun, they think that a good reason why the sun should be struck down from heaven. They prefer the chance of running into utter darkness to living in heavenly light, if that heavenly light be not absolutely without any imperfection. There are impatient men; too impatient always to give heed to the admonition of St. Paul, that we are not to "do evil that good may come"; too impatient to wait for the slow progress of moral causes in the improvement of mankind. They do not remember that the doctrines and the miracles of Jesus Christ have, in eighteen hundred years, converted only a small portion of the human race; and among the nations that are converted to Christianity, they forget how many vices and crimes, public and private, still prevail, and that many of them, public crimes especially, which are so clearly offences against the Christian religion, pass without exciting particular indignation. Thus wars are waged, and unjust wars. I do not deny that there may be just wars. There certainly are; but it was the remark of an eminent person, not many years ago, on the other side of the Atlantic, that it is one of the greatest reproaches to human nature that wars are sometimes just. The defence of nations sometimes causes a just war against the injustice of other nations. In this state of sentiment upon the general nature of slavery lies the cause of a great part of those unhappy divisions, exasperations, and reproaches which find vent and support in different parts of the Union.

But we must view things as they are. Slavery does exist in the United States. It did exist in the States before the adoption of this Constitution, and at that time. Let us, therefore, consider for a moment what was the state of sentiment, North and South, in regard to slavery, at the time this Constitution was adopted. A remarkable change has taken place since; but what did the wise and great men of all parts of the country think of slavery then? In what estimation did they hold it at the time when this Constitution was adopted? It will be found, Sir, if we will carry ourselves by historical research back to that day, and ascertain men's opinions by authentic records still existing among us, that there was then no diversity of opinion between the North and the South upon the subject of slavery. It will be found that both parts of the country held it equally an evil,--a moral and political evil. It will not be found that, either at the North or at the South, there was much, though there was some, invective against slavery as inhuman and cruel. The great ground of objection to it was political; that it weakened the social fabric; that, taking the place of free labor, society became less strong and labor less productive; and therefore we find from all the eminent men of the time the clearest expression of their opinion that slavery is an evil. They ascribed its existence here, not without truth, and not without some acerbity of temper and force of language, to the injurious policy of the mother country, who, to favor the navigator, had entailed these evils upon the Colonies. I need hardly refer, Sir, particularly to the publications of the day. They are matters of history on the record. The eminent men, the most eminent men, and nearly all the conspicuous politicians of the South, held the same sentiments,--that slavery was an evil, a blight, a scourge, and a curse. There are no terms of reprobation of slavery so vehement in the North at that day as in the South. The North was not so much excited against it as the South; and the reason is, I suppose, that there was much less of it at the North, and the people did not see, or think they saw, the evils so prominently as they were seen, or thought to be seen, at the South.

Then, Sir, when this Constitution was framed, this was the light in which the Federal Convention viewed it. That body reflected the judgment and sentiments of the great men of the South. A member of the other house, whom I have not the honor to know, has, in a recent speech, collected extracts from these public documents. They prove the truth of what I am saying, and the question then was, how to deal with it, and how to deal with it as an evil. They came to this general result. They thought that slavery could not be continued in the country if the importation of slaves were made to cease, and therefore they provided that, after a certain period, the importation might be prevented by the act of the new government. The period of twenty years was proposed by some gentleman from the North, I think, and many members of the Convention from the South opposed it as being too long. Mr. Madison especially was somewhat warm against it. He said it would bring too much of this mischief into the country to allow the importation of slaves for such a period. Because we must take along with us, in the whole of this discussion, when we are considering the sentiments and opinions in which the constitutional provision originated, that the conviction of all men was, that, if the importation of slaves ceased, the white race would multiply faster than the black race, and that slavery would therefore gradually wear out and expire. It may not be improper here to allude to that, I had almost said, celebrated opinion of Mr. Madison. You observe, Sir, that the term slave, or slavery, is not used in the Constitution. The Constitution does not require that "fugitive slaves" shall be delivered up. It requires that persons held to service in one State, and escaping into another, shall be delivered up. Mr. Madison opposed the introduction of the term slave, or slavery, into the Constitution; for he said that he did not wish to see it recognized by the Constitution of the United States of America that there could be property in men.

Now, Sir, all this took place in the Convention in 1787; but connected with this, concurrent and contemporaneous, is another important transaction, not sufficiently attended to. The Convention for framing this Constitution assembled in Philadelphia in May, and sat until September, 1787. During all that time the Congress of the United States was in session at New York. It was a matter of design, as we know, that the Convention should not assemble in the same city where Congress was holding its sessions. Almost all the public men of the country, therefore, of distinction and eminence, were in one or the other of these two assemblies; and I think it happened, in some instances, that the same gentlemen were members of both bodies. If I mistake not, such was the case with Mr. Rufus King, then a member of Congress from Massachusetts. Now, at the very time when the Convention in Philadelphia was framing this Constitution, the Congress in New York was framing the Ordinance of 1787, for the organization and government of the territory northwest of the Ohio. They passed that Ordinance on the 13th of July, 1787, at New York, the very month, perhaps the very day, on which these questions about the importation of slaves and the character of slavery were debated in the Convention at Philadelphia. So far as we can now learn, there was a perfect concurrence of opinion between these two bodies; and it resulted in this Ordinance of 1787, excluding slavery from all the territory over which the Congress of the United States had jurisdiction, and that was all the territory northwest of the Ohio. Three years before, Virginia and other States had made a cession of that great territory to the United States; and a most munificent act it was. I never reflect upon it without a disposition to do honor and justice, and justice would be the highest honor, to Virginia, for the cession of her northwestern territory. I will say, Sir, it is one of her fairest claims to the respect and gratitude of the country, and that, perhaps, it is only second to that other claim which belongs to her,--that from her counsels, and from the intelligence and patriotism of her leading statesmen, proceeded the first idea put into practice of the formation of a general constitution of the United States. The Ordinance of 1787 applied to the whole territory over which the Congress of the United States had jurisdiction. It was adopted two years before the Constitution of the United States went into operation; because the Ordinance took effect immediately on its passage, while the Constitution of the United States, having been framed, was to be sent to the States to be adopted by their conventions; and then a government was to be organized under it. This Ordinance, then, was in operation and force when the Constitution was adopted, and the government put in motion, in April, 1789.

Mr. President, three things are quite clear as historical truths. One is, that there was an expectation that, on the ceasing of the importation of slaves from Africa, slavery would begin to run out here. That was hoped and expected. Another is, that, as far as there was any power in Congress to prevent the spread of slavery in the United States, that power was executed in the most absolute manner, and to the fullest extent. An honorable member,[2] whose health does not allow him to be here to-day--

A SENATOR. He is here.

I am very happy to hear that he is; may he long be here, and in the enjoyment of health to serve his country! The honorable member said, the other day, that he considered this Ordinance as the first in the series of measures calculated to enfeeble the South, and deprive them of their just participation in the benefits and privileges of this government. He says, very properly, that it was enacted under the old Confederation, and before this Constitution went into effect; but my present purpose is only to say, Mr. President, that it was established with the entire and unanimous concurrence of the whole South. Why, there it stands! The vote of every State in the Union was unanimous in favor of the Ordinance, with the exception of a single individual vote, and that individual vote was given by a Northern man. This Ordinance prohibiting slavery for ever northwest of the Ohio has the hand and seal of every Southern member in Congress. It was therefore no aggression of the North on the South. The other and third clear historical truth is, that the Convention meant to leave slavery in the States as they found it, entirely under the authority and control of the States themselves.

This was the state of things, Sir, and this the state of opinion, under which those very important matters were arranged, and those three important things done; that is, the establishment of the Constitution of the United States with a recognition of slavery as it existed in the States; the establishment of the ordinance for the government of the Northwestern Territory, prohibiting, to the full extent of all territory owned by the United States, the introduction of slavery into that territory, while leaving to the States all power over slavery in their own limits; and creating a power, in the new government, to put an end to the importation of slaves, after a limited period. There was entire coincidence and concurrence of sentiment between the North and the South, upon all these questions, at the period of the adoption of the Constitution. But opinions, Sir, have changed, greatly changed; changed North and changed South. Slavery is not regarded in the South now as it was then. I see an honorable member of this body paying me the honor of listening to my remarks;[3] he brings to my mind, Sir, freshly and vividly, what I have learned of his great ancestor, so much distinguished in his day and generation, so worthy to be succeeded by so worthy a grandson, and of the sentiments he expressed in the Convention in Philadelphia.[4]

Here we may pause. There was, if not an entire unanimity, a general concurrence of sentiment running through the whole community, and especially entertained by the eminent men of all parts of the country. But soon a change began, at the North and the South, and a difference of opinion showed itself; the North growing much more warm and strong against slavery, and the South growing much more warm and strong in its support. Sir, there is no generation of mankind whose opinions are not subject to be influenced by what appear to them to be their present emergent and exigent interests. I impute to the South no particularly selfish view in the change which has come over her. I impute to her certainly no dishonest view. All that has happened has been natural. It has followed those causes which always influence the human mind and operate upon it. What, then, have been the causes which have created so new a feeling in favor of slavery in the South, which have changed the whole nomenclature of the South on that subject, so that, from being thought and described in the terms I have mentioned and will not repeat, it has now become an institution, a cherished institution, in that quarter; no evil, no scourge, but a great religious, social, and moral blessing, as I think I have heard it latterly spoken of? I suppose this, Sir, is owing to the rapid growth and sudden extension of the COTTON plantations of the South. So far as any motive consistent with honor, justice, and general judgment could act, it was the COTTON interest that gave a new desire to promote slavery, to spread it, and to use its labor. I again say that this change was produced by causes which must always produce like effects. The whole interest of the South became connected, more or less, with the extension of slavery. If we look back to the history of the commerce of this country in the early years of this government, what were our exports? Cotton was hardly, or but to a very limited extent, known. In 1791 the first parcel of cotton of the growth of the United States was exported, and amounted only to 19,200 pounds.[5] It has gone on increasing rapidly, until the whole crop may now, perhaps, in a season of great product and high prices, amount to a hundred millions of dollars. In the years I have mentioned, there was more of wax, more of indigo, more of rice, more of almost every article of export from the South, than of cotton. When Mr. Jay negotiated the treaty of 1794 with England, it is evident from the twelfth article of the treaty, which was suspended by the Senate, that he did not know that cotton was exported at all from the United States.

Well, Sir, we know what followed. The age of cotton became the golden age of our Southern brethren. It gratified their desire for improvement and accumulation, at the same time that it excited it. The desire grew by what it fed upon, and there soon came to be an eagerness for other territory, a new area or new areas for the cultivation of the cotton crop; and measures leading to this result were brought about rapidly, one after another, under the lead of Southern men at the head of the government, they having a majority in both branches of Congress to accomplish their ends. The honorable member from South Carolina[6] observed that there has been a majority all along in favor of the North. If that be true, Sir, the North has acted either very liberally and kindly, or very weakly; for they never exercised that majority efficiently five times in the history of the government, when a division or trial of strength arose. Never. Whether they were outgeneralled, or whether it was owing to other causes, I shall not stop to consider; but no man acquainted with the history of the Union can deny that the general lead in the politics of the country, for three fourths of the period that has elapsed since the adoption of the Constitution, has been a Southern lead.

In 1802, in pursuit of the idea of opening a new cotton region, the United States obtained a cession from Georgia of the whole of her western territory, now embracing the rich and growing States of Alabama and Mississippi. In 1803 Louisiana was purchased from France, out of which the States of Louisiana, Arkansas, and Missouri have been framed, as slave-holding States. In 1819 the cession of Florida was made, bringing in another region adapted to cultivation by slaves. Sir, the honorable member from South Carolina thought he saw in certain operations of the government, such as the manner of collecting the revenue, and the tendency of measures calculated to promote emigration into the country, what accounts for the more rapid growth of the North than the South. He ascribes that more rapid growth, not to the operation of time, but to the system of government and administration established under this Constitution. That is matter of opinion. To a certain extent it may be true; but it does seem to me that, if any operation of the government can be shown in any degree to have promoted the population, and growth, and wealth of the North, it is much more sure that there are sundry important and distinct operations of the government, about which no man can doubt, tending to promote, and which absolutely have promoted, the increase of the slave interest and the slave territory of the South. It was not time that brought in Louisiana; it was the act of men. It was not time that brought in Florida; it was the act of men. And lastly, Sir, to complete those acts of legislation which have contributed so much to enlarge the area of the institution of slavery, Texas, great and vast and illimitable Texas, was added to the Union as a slave State in 1845; and that, Sir, pretty much closed the whole chapter, and settled the whole account.

That closed the whole chapter and settled the whole account, because the annexation of Texas, upon the conditions and under the guaranties upon which she was admitted, did not leave within the control of this government an acre of land, capable of being cultivated by slave labor, between this Capitol and the Rio Grande or the Nueces, or whatever is the proper boundary of Texas; not an acre. From that moment, the whole country, from this place to the western boundary of Texas, was fixed, pledged, fastened, decided, to be slave territory for ever, by the solemn guaranties of law. And I now say, Sir, as the proposition upon which I stand this day, and upon the truth and firmness of which I intend to act until it is overthrown, that there is not at this moment within the United States, or any territory of the United States, a single foot of land, the character of which, in regard to its being free territory or slave territory, is not fixed by some law, and some irrepealable law, beyond the power of the action of the government. Is it not so with respect to Texas? It is most manifestly so. The honorable member from South Carolina, at the time of the admission of Texas, held an important post in the executive department of the government; he was Secretary of State. Another eminent person of great activity and adroitness in affairs, I mean the late Secretary of the Treasury,[7] was a conspicuous member of this body, and took the lead in the business of annexation, in co-operation with the Secretary of State; and I must say that they did their business faithfully and thoroughly; there was no botch left in it. They rounded it off, and made as close joiner-work as ever was exhibited. Resolutions of annexation were brought into Congress, fitly joined together, compact, efficient, conclusive upon the great object which they had in view, and those resolutions passed.

Allow me to read a part of these resolutions. It is the third clause of the second section of the resolution of the 1st of March, 1845, for the admission of Texas, which applies to this part of the case. That clause is as follows:--

"New States, of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, he formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without slavery, as the people of each State asking admission may desire; and in such State or States as shall be formed out of said territory north of said Missouri Compromise line, slavery or involuntary servitude (except for crime) shall be prohibited."

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