intercourse; and will, as a necessary consequence, excite an increased attention to internal improvements, a subject every way so intimately connected with the ultimate attainment of national strength, and the perfection of our political institutions."

Extract from the Speech of Mr. Calhoun, April, 1816, on the Direct

Tax.

In regard to the question, how far manufactures ought to be fostered, Mr. Calhoun said, "It was the duty of this country, as a means of defence, to encourage the domestic industry of the country, more especially that part of it which provides the necessary materials for clothing and defence. Let us look to the nature of the war most likely to occur. England is in the possession of the ocean. No man, however sanguine, can believe that we can deprive her soon of her predominance there. That control deprives us of the means of keeping our army and navy cheaply clad. The question relating to manufactures must not depend on the abstract principle, that industry, left to pursue its own course, will find in its own interest all the encouragement that is necessary. I lay the claims of the manufacturers entirely out of view," said Mr. Calhoun; "but, on general principles, without regard to their interest, a certain encouragement should be extended, at least, to our woollen and cotton manufactures.

"This nation," Mr. Calhoun said, "was rapidly changing the charac. ter of its industry. When a nation is agricultural, depending for supply on foreign markets, its people may be taxed through its imports almost to the amount of its capacity. The nation was, however, rapidly becoming, to a considerable extent, a manufacturing nation."

To the quotations from the speeches and proceedings of the Repre sentatives of South Carolina in Congress, during Mr. Monroe's adminis tration, may be added the following extract from Mr. Calhoun's report on roads and canals, submitted to Congress on the 7th of January, 1819, from the Department of War:

"A judicious system of roads and canals, constructed for the convenience of commerce and the transportation of the mail only, without any reference to military operations, is itself among the most efficient means for the more complete defence of the United States.' Without adverting to the fact, that the roads and canals which such a system would require are, with few exceptions, precisely those which would be required for the operations of war; such a system, by consolidating our Union and increasing our wealth and fiscal capacity, would add greatly to our resources in war. It is in a state of war, when a nation is compelled to put all its resources, in men, money, skill, and devotion to country,

into

requisition, that its government realizes in its security the beneficial effects from a people made prosperous and happy by a wise direction of its resources in peace.

"Should Congress think proper to commence a system of roads and canals for the more complete defence of the United States,' the disbursements of the sum appropriated for the purpose might be made by the Department of War, under the direction of the President. Where incorporated companies are already formed, or the road or canal commenced, under the superintendence of a State, it perhaps would be advisable to direct a subscription on the part of the United States, on such terms and conditions as might be thought proper."

NOTE C. Page 339.

THE following resolutions of the Legislature of Virginia bear so pertinently and so strongly on this point of the debate, that they are thought worthy of being inserted in a note, especially as other resolutions of the same body are referred to in the discussion. It will be observed that these resolutions were unanimously adopted in each house.

VIRGINIA LEGISLATURE.

Extract from the Message of Governor Tyler, December 4, 1809. "A proposition from the State of Pennsylvania is herewith submitted, with Governor Snyder's letter accompanying the same, in which is suggested the propriety of amending the Constitution of the United States, so as to prevent collision between the government of the Union and the State governments."

HOUSE OF DELEGATES, Friday, December 15, 1809. On motion, Ordered, That so much of the Governor's communication as relates to the communication from the Governor of Pennsylvania, on the subject of an amendment proposed by the Legislature of that State to the Constitution of the United States, be referred to Messrs. Peyton, Otey, Cabell, Walker, Madison, Holt, Newton, Parker, Stevenson, Randolph (of Amelia), Cocke, Wyatt, and Ritchie. Journal, p. 25.

Thursday, January 11, 1810.

Mr. Peyton, from the committee to whom was referred that part of the Governor's communication which relates to the amendment proposed by the State of Pennsylvania to the Constitution of the United States, made the following report:

The committee to whom was referred the communication of the Gov

ernor of Pennsylvania, covering certain resolutions of the Legislature of that State, proposing an amendment of the Constitution of the United States, by the appointment of an impartial tribunal to decide disputes between the States and Federal Judiciary, have had the same under their consideration, and are of opinion that a tribunal is already provided by the Constitution of the United States; to wit, the Supreme Court, more eminently qualified, from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be created.

The members of the Supreme Court are selected from those in the United States who are most celebrated for virtue and legal learning, not at the will of a single individual, but by the concurrent wishes of the President and Senate of the United States; they will, therefore, have no local prejudices and partialities. The duties they have to perform lead them, necessarily, to the most enlarged and accurate acquaintance with the jurisdiction of the Federal and State courts together, and with the admirable symmetry of our government. The tenure of their offices enables them to pronounce the sound and correct opinions they may have formed, without fear, favor, or partiality.

The amendment to the Constitution proposed by Pennsylvania seems to be founded upon the idea that the Federal Judiciary will, from a lust of power, enlarge their jurisdiction to the total annihilation of the jurisdiction of the State courts; that they will exercise their will, instead of the law and the Constitution.

This argument, if it proves any thing, would operate more strongly against the tribunal proposed to be created, which promises so little, than against the Supreme Court, which, for the reasons given before, have every thing connected with their appointment calculated to insure confidence. What security have we, were the proposed amendment adopted, that this tribunal would not substitute their will and their pleasure in place of the law? The judiciary are the weakest of the three departments of government, and least dangerous to the political rights of the Constitution; they hold neither the purse nor the sword; and, even to enforce their own judgments and decisions, must ultimately depend upon the executive arm. Should the Federal Judiciary, however, unmindful of their weakness, unmindful of the duty which they owe to themselves and their country, become corrupt, and transcend the limits of their jurisdiction, would the proposed amendment oppose even a probable barrier in such an improbable state of things?

The creation of a tribunal such as is proposed by Pennsylvania, so far as we are able to form an idea of it, from the description given in the resolutions of the Legislature of that State, would, in the opinion of

your committee, tend rather to invite than to prevent collisions between the Federal and State courts. It might also become, in process of time, a serious and dangerous embarrassment to the operations of the general government.

Resolved, therefore, That the Legislature of this State do disapprove of the amendment to the Constitution of the United States proposed by the Legislature of Pennsylvania.

Resolved, also, That his Excellency, the Governor, be, and he is hereby, requested to transmit forthwith a copy of the foregoing preamble and resolutions to each of the Senators and Representatives of this State in Congress, and to the executive of the several States in the Union, with a request that the same be laid before the legislatures thereof.

The said resolutions, being read a second time, were, on motion, ordered to be referred to a committee of the whole house on the state of the Commonwealth.

Tuesday, January 23, 1810.

The House, according to the order of the day, resolved itself into a committee of the whole house on the state of the Commonwealth, and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Stanard of Spottsylvania reported that the committee had, according to order, had under consideration the preamble and resolutions of the select committee to whom was referred that part of the Governor's communication which relates to the amendment proposed to the Constitution of the United States by the Legislature of Pennsylvania, had gone through with the same, and directed him to report them to the house without amendment; which he handed in at the clerk's table.

And the question being put on agreeing to the said preamble and resolutions, they were agreed to by the House unanimously.

Ordered, That the clerk carry the said preamble and resolutions to the Senate, and desire their concurrence.

IN SENATE, Wednesday, January 24, 1810.

The preamble and resolutions on the amendment to the Constitution of the United States proposed by the Legislature of Pennsylvania, by the appointment of an impartial tribunal to decide disputes between the States and Federal Judiciary, being also delivered in and twice read, on motion, were ordered to be committed to Messrs. Nelson, Currie, Campbell, Upshur, and Wolfe.

Friday, January 26, 1810.

Mr. Nelson reported, from the committee to whom was committed the

preamble and resolutions on the amendment proposed by the Legisla ture of Pennsylvania, &c., that the committee had, according to order, taken the said preamble, &c., under their consideration, and directed him to report them without any amendment.

And on the question being put thereupon, the same was agreed to unanimously.