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to be thought of till common sense and the voice of mankind would justify the resort.

[SENATE.

ble to this bill on account of its inconsistency with the votes, at the last session of Congress, of its present advocates. Upon this point Mr. S. had nothing to say. Those of whom this predicament was supposed were doubtless well able to vindicate themselves; but for his part, he had not then had the honor of a seat in this body, and consequently stood entirely uncommitted to any of its doings. But it was further urged that Michigan was a State, and that those who disputed it did so in the face of a record; for that the act of Congress, passed at the last session, expressly declared her to be a State. But, said Mr. S., I still deny her to be a State, without any apprehension of being overborne by any such record as that referred to by the gentleman. If there was such an act as the one described by the Senator, he would not question its existence, nor would he indeed put him to the proof that there was such a record. But what the record would prove, when produced, was an altogether different matter; and he denied that any act of Congress, however broadly it might assert it, could prove the existence of a State under the circumstances stated in the case of Michigan: it was altogether incompetent to the proof of such a fact. Here Mr. S. took leave to remark that it was with great reluctance he had embarked so deeply in this debate: but he had been induced at an early period to state a few proposi tions which had been denounced as dangerous and revo

Before I resume my seat, I feel called on to make a few brief remarks on a doctrine of fearful import, which has been broached in the course of this debate--the right to repeal laws granting bank charters, and, of course, of railroads, turnpikes, and joint stock companies. It is a doctrine of fearful import, and calculated to do infinite mischief. There are countless millions vested in such stocks, and it is a description of property of the most delicate character. To touch it is almost to destroy it. But, while I enter my protest against all such doctrines, I have been greatly alarmed with the thoughtless precipitancy (not to use a stronger phrase) with which the most extensive and dangerous privileges have been granted of late. It can end in no good, and, I fear, may be the cause of convulsions hereafter. We already feel the effects on the currency, which no one competent of judging but must see is in an unsound condition. I must say (for truth compels me) I have ever distrusted the banking system, at least in its present form, both in this country and Great Britain. It will not stand the test of time; but I trust that all shocks, or sudden revolution, may be avoided, and that it may gradually give way before some sounder and better-regulated system of credit which the growing intelligence of the age may devise. That a better may be substituted I cannot doubt, but of what it shall consist, and how it shalllutionary in their tendency. He would never venture finally supersede the present uncertain and fluctuating currency, time alone can determine. All I can see is, that the present must, one day or another, come to an end, or be greatly modified, if that, indeed, can save it from an entire overthrow. It has within itself the seeds of its own destruction.

He

Mr. STRANGE said he was gratified that the Senator
from South Carolina had addressed the Senate; for he
had a very high respect for his abilities, and, from some
intimations he had casually thrown out, he was appre-
hensive that, in retaining the preamble, the Senate was
falling into some unperceived but dangerous error. But
we have now heard all that the Senator has to say upon
this important subject, and he has utterly failed to con-
vince us of error in a single proposition about which we
differed. This was not for want of ability in the honor-
able Senator, but was entirely owing to the cause he ad-
vocated-to his being on the wrong side of the question.
The most powerful intellect can never long make head
against truth. Mr. S. said he had as high a regard as the
gentleman, for the institutions of their common coun-
try-admired as much the wisdom of their organization,
and cherished toward them as deep an affection.
was far from believing time misspent in this body which
was employed in the discussion of great constitutional
questions, and was never sorry to see the talent of the
Senate arrayed upon different sides of interesting prop-
ositions. The having them presented in all their various
bearings and points of view, and sifted and examined
with care and ability, was very friendly to the ascertain-
ment of truth. It had been adverted to in this House
that some of its members had been recently transferred
hither from judicial stations in their respective States,
and he had himself the honor to be among the number;
and he would take the liberty of stating, as one of the
results of his official experience, that the failure of an
able lawyer was nearly as good evidence of the unsound-
ness of his position, as the strength of argument brought
to bear against it by the opposing counsel; and so, on
the present occasion, having listened to the unsuccessful
efforts of the able Senator from South Carolina to over-
throw the positions he had assumed in the early part of
this debate, had but inspired him with renewed confi-
dence in their soundness.

The Senator has in the first place assailed the pream-
VOL. XIII.-20

on this floor to state any thing as his deliberate conviction which had not been duly considered by him. He might sometimes throw out crude suggestions, with a view to draw out others, or bring their attention to the subject; but on such occasions he would always present them as mere hasty impulses of the passing moment; but when he had gone so far as to make a deliberate assertion, he trusted he should always be found ready to maintain his position. He had asserted that Michigan was not a State, and this he stood ready to prove. It is not denied that the land covered by Michigan was once the property of this Union; and it is a principle of law which he presumed no Senator would deny, that things continuous in their nature are always presumed to remain the same, unless the contrary is shown. If, then, the territory embraced in Michigan was once the property of this Union, it continues to be so until gentlemen show us the where, the when, and the how, of its cessation. They say it ceased to be so by virtue of the act of Congress of last session. I deny the authority of Congress to pass such an act. If they have passed such a one, it is a nullity. When an act of Congress comes in collision with the constitution, it comes in contact with a power which annihilates it. It is as though it had never existed. It is a dead letter. The constitution gives authority to Congress to create a State for no other purpose but admission into the Union; and whenever Congress passes an act creating a State, without at the same time admitting it into the Union, that act is a nullity. Indeed, if the matter were res integra, if it were a new question, it might be seriously debated whether Congress can create a State, even for the purpose of admission into the Union. But I will not deny that it has been the practice to do so, and I am not now disposed to question its correctness. I had occasion heretofore to call the attention of the Senate to the only clause of the constitution relating to that subject, and defied any one to produce any other authority for Congress to create a State, or to contend that the power under that clause was any thing more than implied.

[Here Mr. CALHOUN interrupted Mr. S., to explain himself, and said that he had not declared Congress competent to create a State, either in or out of the Union; but by withdrawing its jurisdiction from a given Territory, that Territory was then at liberty to form itselfintoa State.]

SENATE.]

Admission of Michigan.

[JAN. 5, 1837.

Mr. S. said he did not think the Senator's explanation his very birth the social compact is implied; and without had materially varied his proposition. That there could any formal recognition of the compact, when he shall atbe but little difference between creating a State out of tain mature age, he is held liable to the sanctions of the the territory of the Union and suffering it to create it-law as soon as capable of discerning between right and self; as in both cases Congress relinquished a trust con- wrong; without waiting for his assent, society extends fided to her by the Union, which she had no right to re- over him the arm of protection. No matter how young linquish but in one special case, and that was, when by he may be, he who takes away his life is punished by the same act she formed the State and admitted it into society as a murderer; and it is not because the social the Union; so that the act of Congress of the last session, compact is not sufficiently complete, but in mere tendernot executing any power possessed by Congress, is a ness to the frailty of human nature, that he is not liable nullity. to punishment for a violated law, at any stage of existence, however early.

But the Senator from South Carolina insists that to deny Michigan to be a State is a denial against the ac- But another difficulty, which it is attempted to throw tual and obvious fact that Michigan is now really exer- in our way, is, that Michigan has already elected her cising all the powers of sovereignty: she has formed her Senators and Representative; and if we say that she is constitution, elected her Legislature and members of not a State, their election was irregular, and they will Congress; and her Legislature has actually assembled, not be entitled to seats in the respective branches of and elected her Senators to Congress. But (said Mr. S.) the National Assembly. I have already had occasion to the question is not what Michigan has done, but what say, sir, that while I have the honor of representing, in she has a right to do. Although these things, I admit, part, a sovereign State upon this floor, I will speak may be prima facie evidence of her legal existence as a what I believe to be the language of truth, regardless of State, they are susceptible of being met by the proof of the consequences. If, then, the assertion that Michigan what is, in fact, her true condition. When one is found is not a State must necessarily exclude the honorable acting sui juris, exercising all the privileges of a free- gentlemen now waiting for admission to their seats, I man, it may be prima facie evidence that he is what the shall deeply regret it. But, sir, I foresee no such conperformance of the act implies; but if it be susceptible sequence; the whole matter appears to me exceedingly of proof that he is in fact a slave, the inference no lon- plain, and free from all the metaphysical difficulties in ger exists that he is free. And so in this case we show which gentlemen have striven to involve it. When a that Michigan was once subject to the United States, and bargain is concluded between two parties, it is no longer demand the proof that she has ever been emancipated. a matter of consequence from which the first overture In vain was the wisdom of our forefathers employed in proceeded, whether the vender proposed to the vendee, devising plans for the happiness and perpetuity of this or the vendee to the vender; the only question is, was nation; in vain did they inculcate the doctrine of union, there finally an agreement between them? And the and repudiate the idea of separate sovereignties or mul- same consequences, precisely, follow, whichever made tiplied confederacies, if the doctrine of the Senator from the first advance. Now, sir, Michigan had no right to South Carolina is to prevail. If Michigan can exist as a form herself into a State without the assent of Congress, separate State for a single hour, she may for days and and with the assent of Congress she had the right. It is years, and might ultimately refuse to come into the a matter of perfect indifference whether Michigan took Union at all. During this time she may have her own the primary steps with a view to their ratification by army and navy, declare war, form alliances, and do all Congress, which ratification is subsequently made, or those acts which our forefathers were so anxious to that Congress first gives the permission, and Michigan bring within the control of a power representing the acts upon such permission; whether the Senators and common interest of all the States. The idea is too pre- Representative from Michigan knock at the door of Conposterous, too inconsistent with all their plans and pur-gress and are admitted, or Congress opens her doors and poses, to suppose that they contemplated it for a single announces to Michigan that her Senators and Representamoment. The whole confederacy would be in continual tive may walk in whenever she pleases to send them, danger of dissolution from such a cause operating in its and they are sent and do walk in. In the one case Mich. vicinity; and yet, according to the Senator's theory, igan acts upon a previous authority, and in the other a there is no mode of preventing this evil, but, after we subsequent ratification gives effect to that which was had rashly given her a separate existence, constraining previously done. I think I have now sufficiently shown her by the terror of the sword and the bayonet, or the that I was right in contending that Michigan was not a application of them, to become an unwilling party to our State. The Senator from South Carolina himself has national compact; a state of things which no one can admitted the evil consequences likely to flow from supsuppose to have been planned by wisdom, or desirable posing that Congress has the power to create a State for either upon the score of interest, patriotism, or humani- any other purpose than admission into the Union. [Here ty. But to enforce his position, the Senator has suppo- Mr. CALHOUN disclaimed.] Well, said Mr. S., I certainly sed that it is necessary she should first have a separate understood him to say so, but I suppose I was mistaken; existence ere she can become a member of our Union, but I insist that, without the gentleman's admission, the which he insists is altogether federative, and even urges consequences are plain and obvious to every man; that that she must be of age. Now, I humbly conceive that the perpetuity of our Union would be seriously endanthe Senator has suffered himself to be misled by a meta- gered, and that in the mean time we should, with our phor, a figure of speech. The age of the Territory or own hands, be placing in our side a thorn to rankle and State is a matter of perfect indifference; it is enough if annoy us, and all without the slightest inducement or the inhabitants are of age to make contracts; for with consideration; and no one who has a proper respect for them, if with any one, the compact is formed. The idea the good, great, and wise framers of our constitution, of the necessity of a separate, anterior existence as a can ever believe that they intended any thing so prepos State is altogether fallacious; the incident of being a member of the Union is a portion of the very law of her existence, and her federal relationship commences eo instanti that she becomes a State. Nor does this violate the analogy of individual relationship to society; the infant, as soon as he is born, becomes a member of the political society in which he comes into existence. By

terous.

Having, as I conceive, disposed of this matter, it is unnecessary for me to take up the inquiry of the gentleman, whether, in a regularly organized State, a convention can be called under any other authority than that of the Legislature. I do not find it my present purpose to take either side of this question, as I insist that Michigan

JAN. 5, 1837.]

Admission of Michigan.

[SENATE.

is not a regularly organized State, but is, as admitted by and ascertain by conference who among the many dis the Senator from South Carolina, pro hac vice, in a state tinguished fellow-citizens scattered over our wide ex of nature. Nothing, therefore, remains but the inquiry tent of country had been most decided in their adhe whether a convention has actually been held by Michi- rence to sound republican principles, best qualified to fill gan, in any manner convened. And here I must be al- the two highest offices in our gift as a nation, and most lowed to say that I have been singularly unfortunate in likely to be acceptable to the people at large. We met, being misapprehended by both the Senators from we conferred, and two distinguished individuals, as the South Carolina. By both I have been represented as result of our deliberations, were named and recommendsaying that a convention was an undefined and undefina- ed to the people of the United States. We did not preble something. I had the honor of correcting the mis- tend to any power of coercion, and did not imagine that apprehension of the Senator from South Carolina who any one would impute to us such power. It was left to first addressed the Senate, and flattered myself that I the free people of this Union to ratify or annul the had satisfied him; but his colleague has to-day fallen into choice we had made. We did not feel ourselves in the a similar mistake, and I now beg leave to set him right possession of any means of coercion. We had not any also. I never thought, and therefore do not think I physical force to command, nor the control of treasure could have ever said, that a convention was something wherewith to purchase suffrages. We did nothing but undefined and undefinable. On the contrary, I stated publish a small pamphlet, setting forth what we had that it was an assemblage of all the persons of a given done, and coldly laying before the public the reasons why community, in person, or by their acknowledged agents we believed the persons we had named ought to have or representatives; that it was perfectly certain in its ex- the support of their fellow-citizens. But it has been istence, and in power irresistible. I did say, and do still said we were office-holders and office-seekers, and our say, that how it is to be gotten together is a matter alto- | object was the acquisition of offices, or the perpetuity of gether undefined by any law; but, when got together, those already possessed. For himself, (said Mr. S.,) he its identity was a thing of the most absolute certainty, was at the time the holder of an office under the State of and in a country situated like Michigan, so far as its own North Carolina, but he had never imagined its perpetuipeople were concerned, supposing the authority of ty depended upon the results of the Baltimore convenCongress out of the question, altogether omnipotent. tion, for it was an office for life. And, as to having had Has a convention been holden in Michigan? any thing personal in expectancy, he could, with a clear something of the kind has been holden, no one denies; conscience, repel the imputation; and, in demanding of but the difference of opinion seems to turn on the na the opposition to believe him sincere, he required nothture of the assembly at Ann Arbor. The Senator from ing more than the same courtesy he extended to them. South Carolina, with that delicacy which usually charac. As a party, he believed the opposition sincere in their terizes the initiatory steps in an argument, said he would opinions. To many individuals of that party he had no not call it a caucus. But as men grow warmer in argu- doubt it would be a most alarming exposure to have ment, they generally grow bolder in assertion; and, ac- their hearts opened to public gaze; but the bulk of the cordingly, in a very few breaths, the Senator flatly calls party, he doubted not, were sincere, and might possibly it a caucus, with a view, doubtless to brand it with a very be right in the various points of difference between them odious name. But I will press this matter no farther. and those with whom he acted. If they were right, he trusted in God they would yet triumph over us. believing, as I do, that they are wrong, I will manfully strive against them with all the means in my power. The Baltimore convention was one of those means, and I heartily rejoice that it has so far been successful.

That

Mr. President, my object in rising at the commencement of this debate was simply to state what I conceived to be the true questions presenting themselves on the bill before us. I had observed what I conceived to be a vicious habit in this body to be exceedingly discursive in debate, to bring all sorts of things to bear upon all sorts of questions, and especially to involve every matter in the vortex of party politics. Now, sir, conceiv ing myself to be a new member, with a mind not yet contaminated by these vicious practices, I thought I was able to see without bias the true points in controversy, and I accordingly rose to present them to the Senate, and supposed, when this was done, my task was fulfilled. But I find, sir, I have been engaged in advocating treason and revolution, as some gentlemen think, and have been most unexpectedly called out to rescue myself from misapprehension, and am now forced in some degree to fall into the practice I have condemned in others, and touch upon a subject which has nothing in the world to do with the bill before us.

The Baltimore convention has been alluded to, and, as usual, for purposes of denunciation. In looking round this assembly, I see no one who had the honor or misfortune, as the case may be, to have been a member of that body. For myself, I must plead guilty to the charge, But certainly, sir, when I went there I was entirely unconscious of any criminal intent. I did not conceive that I was, in any way, violating the laws and constitution of my country, or subjecting myself to be arraigned as a traitor to either. I thought I was merely exercising the privilege of a free citizen, to go where I pleased, and meet whom I pleased, for the purpose of consulting on matters in which we had a common right A few of our fellow-citizens, in their respective parts of the country, selected us to meet at Baltimore,

to act.

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But

A variety of other topics, he said, had been referred to, equally impertinent to the subject in hand, yet he would not go into them; but, finding himself standing alone of the 600 men who constituted the Baltimore convention, he thought it but reasonable that he should have said thus much in its vindication, when he heard it so unnecessarily assailed.

Mr. BUCHANAN regretted that he felt constrained again to detain the Senate with a few observations in reply to what had fallen from the Senator from South Carolina, [Mr. CALHOUN.] He had laid it down as a rule for himself, when he entered this body, never to obtrude himself upon its notice, unless when placed under the necessity of duty. Such was now his condition; and he rose merely for the purpose of putting himself right in regard to some portions of that Senator's remarks.

These remarks had been made in that gentleman's very best manner: they were specimens which proceeded from a master's hand. He (Mr. B.) could scarcely cherish the hope of obtaining, for what he had to offer in reply, the profound attention which the Senator had commanded. He would ask that gentleman, however, to hear him in a candid spirit, and to correct him, in case he had misapprehended any of his arguments.

The Senator had undertaken, as he often did, to become a prophet; and, as a reason for it, had observed that it was more the habit of his mind to look to the future, than to give minute attention either to the past or the present. The Senator bad afforded at least one evi

SENATE.]

Admission of Michigan.

dence of the authenticity of his inspiration in his resem. blance, in one particular, to the ancient prophets of Israel. Like them, he almost always foreboded ill and threatened calamities. Mr. B. trusted that the ominous predictions of the gentleman would never be fulfilled; and sure he was that no one would more rejoice, should they prove false, than he who had uttered them.

[JAN. 5, 1837.

ator whether, after all that had passed, he would now be willing to force those people to commence again, to annul all that had been done, and to compel them to form a new constitution. But, as Mr. B. did not believe that the proceedings of the last convention were either revolutionary or irregular, he should not rest the case on this ground alone, though it would be amply sufficient.

The Senator had set out with an argument, the aim of He agreed with the Senator as to the fact that Michiwhich was to convict the majority of the Senate of gross gan was now a State, though not a confederate State; inconsistency; but Mr. B. must confess that he had been but there had been another proposition advanced by him, unable, from some cause, perhaps the obtuseness of his to which he never could yield his assent. The Senator own intellect, to perceive its force. He had represented had contended that a Territory, after it had adopted a himself (Mr. B.) as having contended that Michigan was constitution in pursuance of an authority granted by Connot a State, even after Congress had recognised her gress for that purpose, would rise up at once into the State constitution. This assumption was the basis of rank of a sovereign and independent State, no longer the gentleman's entire argument. Now, Mr. B. had subject to the control of this Government. What, sir? never taken any such ground. Directly the reverse. Would the Territory of Wisconsin, for example, if ConIn his former remarks he had, throughout, treated Michi-gress had authorized her to form a constitution, and she gan as a State, although not one of the confederate States of this Union. She had adopted every measure necessary to become such, with a single exception. Her constitution and all her proceedings had received the sanction of Congress; and her actual admission as a State into this Union was only suspended until she should give her consent to the change which we had proposed in her boundaries. She was then a State; but not a confederate State. This is the true distinction. The General Government was in treaty with her as a State, not as a Territory, concerning the terms of her actual admis sion into this great national confederacy. This plain statement of the case itself affords an answer to almost every argument which has been urged by the Senator.

Even if he (Mr. B.) were disposed to admit the irregularity of the convention held at Ann Arbor, which he was no', still, upon the Senator's avowed principles, he might vote for this bill to admit Michigan into the Union, provided he believes that the assent of a majority of her people has been fairly given to the terms which had been proposed by Congress. Upon these very principles, be might waive this irregularity, and act as though all her proceedings had been strictly according to the most approved forms. He admits that, although he believes the movement of the people of Michigan, in forming a State constitution for themselves without the previous authority of Congress, was revolutionary in its nature, yet we might, if we thought proper, waive this irregularity, and recognise the validity of their proceedings. Was not the same rule which applies to the one case equally applicable to the other? If we may waive such irregularities in forming a constitution, why shall we not waive similar irregularities in changing the boundaries fixed by that constitution? The two cases are precisely parallel.

had adopted one of a republican character, from that moment become a sovereign and independent State? Could she then refuse to enter the Union' Could she dispose of her public lands within her limits? Could she coin money, and perform every other act pertaining to an independent sovereignty? Did gentlemen intend to push their doctrine of State rights to such an extreme, and thus enable every Territory to rise up into a foreign State, and put Congress and the Union at de fiance? If this doctrine be not revolutionary with a vengeance, he did not know what could be so called. No, sir. Territories belong to us. They are integral parts of the nation. We authorize their people to erect themselves into States, subject to our approbation; but until they actually enter the Union, they continue in a subordinate condition, and are subject to our control.

Our

The Senator contends that these Territories cannot enter the Union without having previously become States, because as States they must be admitted Sub modo, this may be true. But whatever they may be called, they do not become confederate States until the very instant they are received into the Union, by virtue of an act of Congress. If this be not the case, then the preliminary proceedings, which we authorize them to adopt for the purpose of becoming States, may be converted into the very means of enabling them to shake off our authority altogether.

But what is the proposition which lies at the very root of the Senator's whole argument against the bill? I understand it to be, that when any Commonwealth exists under an organic law, and has by it created a Legisla ture, without the previous assent of the Legislature no convention can be rightfully held within its limits; and that if such a convention should be held, the movement would be revolutionary, and its edicts, in their very nature, would be unauthorized and tyrannical.

The Senator had contended that the proceedings previous to the assembly of the convention which formed the If this proposition be universally true, then it follows, constitution of Michigan were irregular; and to this prop- as a necessary consequence, that no matter to what exosition Mr. B., in part, assented. He thought it would tent the regularly organized Government of a State or have been better had a previous law been enacted by Con-nation may be guilty of tyranny and oppression, this very gress, authorizing the formation of a constitution by the people of the Territory. But, year after year, these people had been knocking at our doors, urging their prayers and their complaints; but both these prayers and these complaints had been disregarded. Finding that Congress would pass no such law, they had at length taken the matter into their own hands, as Tennessee had done before. We possessed the undoubted power of waiving this irregularity, and we had waived it, by the act of the last session, approving of their constitution. We ought now to do the same in regard to the last convention; especially as it appears that the whole body of the people have assented to their proceedings; not one word of remonstrance or complaint having reached the Senate from any quarter. He would put it to the Sen

Government must first give its assent, before the people can hold a convention for the redress of grievances, or, in a word, can exercise the unalienable rights of man. The fate of the people, it seems, must forever depend upon the will of the very Legislature which oppresses them, and their liberties can only be restored when that Legislature may be pleased to grant them permission to assemble in convention. I had not supposed that any such preposition would ever be seriously contended for in this chamber. It is directly at war with the declaration of American independence, which declares that "we hold these truths to be self-evident-that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That, to se

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cure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

[Mr. CALHOUN, interposing, said: "Certainly; it is a revolutionary right!"]

Here (resumed Mr. B.) is a right plainly recognised in this immortal state paper, which we all regard as the charter of our common liberties. Is it not, then, manifest that the Senator has taken a position where he stands in direct and open opposition to every principle of the American Revolution? Why, sir, had we not established Governments at the moment our conventions were held? Was not the character of these Governments, in the main, just and equitable? We went to war for a principle, for the just and glorious principle that there shall be no taxation without representation; and in support of this principle, the people of "the old thirteen," without any previous legislative act, did hold conventions and Congresses at their pleasure. Our very rights to seats upon this floor rest upon what he calls revolutionary principles.

[Mr. CALHOUN. Certainly: I never denied the right of revolution; I contended for it. All our institutions rest on that right; they are the fruits of revolution. That was the very proposition which led to the revolutionary war. I said that a convention of the people had power to put up and to throw down any and every form of government; but that is, per ex, a revolution.]

The gentleman (resumed Mr. B.) did say that he gloried in the right of rebellion. Does he contend, then, that if, in one of the States of this Union, the Gov. ernment be so organized as utterly to destroy the right of equal representation, there is no mode of obtaining redress but by an act of the Legislature authorizing a convention, or by open rebellion? Must the people step at once from oppression to open war? Must it be either absolute submission, or absolute revolution? Is there no middle course? I cannot agree with the Senator. I say that the whole bistory of our Government establishes the principle that the people are sovereign, and that a majority of them can alter or change their fundamental laws at pleasure. I deny that this is either rebellion or revolution. It is an essential and a recogni sed principle in all our forms of government.

|

[SENATE.

The question concerning the conduct of the Maryland electors, in refusing to execute the trust for which they had been chosen, is one thing; that of the right of the people of Maryland to alter their State Government, is another. It presents an entirely different case. Were l placed in a situation which rendered it my duty to maintain this right in behalf of that people, I believe I should be able to do it successfully. I should then contend that, being sovereign within their own limits, they had a right to control their own destinies, and change the form of their own Government at pleasure. If I were the citi zen of a State, and resided in a city or county where my vote was equivalent only to the one thirtieth or one sixth of the vote of another citizen, in another city or county, whilst I paid the same taxes, as is the case in some portions of Maryland, I should certainly use all my efforts to persuade the Legislature to call a convention for the purpose of redressing a grievance so enormous. If the Legislature should absolutely refuse to grant this just request, I should then endeavor to persuade the people to hold a convention of their own. I would not stir them up to sedition or rebellion; but I would call upon them peaceably and quietly to exert their own sovereign authority in effecting a change in their form of government. I cannot, therefore, condemn in others what I know in my own conscience I should do myself, under similar circumstances. As it is, however, the people of Maryland have the exclusive right to consider and decide this question for themselves. If they are content with their form of government, I have no right to complain. It affects them, not me; and I have been led into these remarks purely on the principle of self-defence. I do not apprehend the slightest danger that they will act rashly. I know, from the character of the American people, to use the language of the declaration of independence, that they "are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed."

I shall certainly not discuss with the Senator the merits of the constitution of South Carolina. It may be, and doubtless is, all which he represents it. I shall not controvert the proposition that it has established the best form of government for South Carolina; because I am comparatively ignorant of its provisions. We have at least one strong proof that it has worked well in practice, in the fact that this State has ever sent an able and distinguished representation to Congress.

It is very true that I did introduce the subject of nullification in my former remarks, but it was strictly upon the principle of a just retaliation. I had then, and have now, no disposition to dwell upon this topic. Some of the leaders of the nullification party, I am proud to believe, I may number among my friends. With more than one of them I had the honor of serving in the other House of Congress, in trying times. I certainly feel no disposition to say a word which might wound their feel

of South Carolina was wrong; yet I am glad she has got out of her difficulties in such handsome style. I am now about to propose a bargain to the Senator, which is, that if he will never allude, upon this floor, to the domestic concerns of my State, I shall be guided by the same rule in regard to his.

To be sure, I should be one of the last men in the United States who would desire to see such a right often exerted. I admit that there is great propriety and convenience in having the Legislature to fix the time, and place, and mode, of calling a convention; because it is difficult for the people to effect their purpose without some such provision. Such has been the general practice; but I insist upon the right of the people to proceedings. I have always thought, and still think, the State without any legislative interference or agency whatever. I shall now, though with great regret that the topic has been introduced, attend to what has been said by the Senator in relation to Maryland. He did not expressly assert, but he left it to be inferred, that I had said the Maryland electors were right in the course which they pursued. I said no such thing. I expressed no opinion on the matter. On the contrary, I declared that I should not undertake to be a judge of other men's consciences; nor would I here undertake to canvass the conduct of individuals in relation to the Government of a sovereign State of this Union, of which they were citizens. This is not the proper forum for such a debate. I also asserted that the course of these electors had nothing in the world to do with the admission of Michigan into the Union.

[Mr. CALHOUN said he was perfectly agreed to strike such a bargain with the Senator from Pennsylvania.]

As to Michigan, (said Mr. B.,) it is peculiarly unfortunate that all her difficulties have been brought upon her in consequence of our own conduct. Why did not the Senator sound the alarm at the last session, when this admission bill was before the Senate, and proclaim that we were about to recommend a revolutionary measure to her people? That was the appropriate time for him to have urged this objection.

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