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If the old confederation had contained a clause, declaring that resolutions of the Congress should be the supreme law of the land, any State law or Constitution to the contrary notwithstanding, and that a committee of Congress, or any other body created by it, should possess judicial powers, extending to all cases arising under resolutions of Congress, then the power of ultimate decision would have been vested in Congress, under the confederation, although that confederation was a compact between States; and, for this plain reason: that it would have been competent to the States, who alone were parties to the compact, to agree, who should decide, in cases of dispute arising on the construction of the compact.

For the same reason, sir, if I were now to concede to the gentleman his principal propositions, viz: that the Constitution is a compact between States, the question would still be, what provision is made, in this compact, to settle points of disputed construction, or contested power, that shall come into controversy and this question would still be answered, and conclusively answered, by the Constitution itself. While the gentleman is contending against construction, he himself is setting up the most loose and dangerous construction. The Constitution declares, that the laws of Congress shall be the supreme law of the land.No construction is necessary here. It declares, also, with equal plainness and precision, that the judicial power of the United States shall extend to every case arising under the laws of Congress. This needs no construction. Here is a law, then, which is declared to be supreme; and here is a power established, which is to interpret that law. Now, sir, how has the gentlemen met this? Suppose the Constitution to be a compact, yet here are its terms and how does the gentleman get rid of them? He cannot argue the seal off the bond, nor the words out of the instrument. Here they are what answer does he give to them? None in the world, sir, except, that the effect of this would be to place the States in a condition of inferiority; and because it results, from the very nature of things, there being no superior, that the parties must be their own judges. Thus closely and cogently does the honorable gentleman reason on the words of the Constitution. The gentleman says, if there be such a power of final decision in the general government, he asks for the grant of that power. Well, sir, I show him the grant-I turn him to the very wordsI show him that the laws of Congress are made supreme; and that the judicial power extends, by express words, to the interpretation of these laws. Instead of answering this, he retreats into the general reflection, that it must result from the nature of things,that the States, being the parties, must judge for themselves.

I have admitted, that, if the Constitution were to be considered as the creature of the State Governments, it might be modified, interpreted, or construed, according to their pleasure. But, even in that case, it would be necessary that they should agree. One, alone, could not interpret it conclusively; one, alone, could not

construe it; one alone, could not modify it. Yet the gentleman's doctrine is, that Carolina, alone, may construe and interpret that compact which equally binds all, and gives equal rights to all.

So then, sir, even supposing the Constitution to be a compact between the States, the gentleman's doctrine, nevertheless, is not maintainable; because, first, the general government is not a party to that compact, but a Government established by it, and vested by it with the powers of trying and deciding doubtful questions; and, secondly, because, if the Constitution be regarded as a compact, not one State only, but all the States, are parties to that compact, and one can have no right to fix upon it her own peculiar construction.

So much, sir, for the argument, even if the premises of the gentleman were granted, or could be proved. But, sir, the gentleman has failed to maintain his leading proposition. He has not shown, it cannot be shown, that the Constitution is a compact between State governments. The Constitution itself, in its very front, refutes that proposition: it declares that it is ordained and established by the People of the United States. So far from saying that it is established by the governments of the several States, it does not even say that it is established by the People of the several States: but it pronounces that it is established by the People of the United States, in the aggregate. The gentleman says, it must mean no more than that the People of the several States, taken collectively, constitute the People of the United States; be it so, but it is in this, their collective capacity, it is as all the People of the United States, that they establish the Constitution. So they declare; and words cannot be plainer than the words used.

The

When the gentleman says, the Constitution is a compact between the States, he uses language exactly applicable to the old confederation. He speaks as if he were in Congress before 1789. He describes fully that old state of things then existing. confederation was, in strictness, a compact; the States, as States, were parties to it. We had no other general government. But that was found insufficient, and inadequate to the public exigencies. The people were not satisfied with it, and undertook to establish a better. They undertook to form a general government, which should stand on a new basis-not a confederacy, not a league, not a compact between States, but a Constitution: a popular government, founded in popular election, directly responsible to the people themselves, and divided into branches, with prescribed limits of power, and prescribed duties. They ordained such a government: they gave it the name of a Constitution, and therein they established a distribution of powers between this, their general government, and their several State governments. When they shall become dissatisfied with this distribution, they can alter it. Their own power over their own instrument remains. But until they shall alter it, it must stand as their will, and is equally binding on the general government and on the States.

INDEX.

ADAMS, JOHN Vice President, page 17.

his Speech when sworn into office, 17, 18.
in favor of Navy, 89, 95.

elected President in 1797, 91.

his policy and measures similar to Washington, 91.
his praise of Washington, 92.

in his presidency, difficulties with France, 93, 105.
his efforts to maintain peace with France, 94.

his missions to France, 96, 98.

his policy towards France in 1798, 98, 103, 105.
approved by Congress, 108, 113.

his last annual address to Congress, 114.

his administration closed prosperously, 114, 115.

his death noticed, 331.

ADAMS, JOHN Q. chosen President, 305.

elected by House of Representatives, 305.

his superior talents and experience as a statesman, 305.

his political views, 305, 306.

in favor of a liberal construction of Constitution, 306, 307, 312, 313, 358.

differed in some respects from Mr. Monroe as to State rights, 306.
unjust prejudices against, 306.

hie appointments judicious and impartial, 306.

his praise of President Monroe, 306.

his fidelity and magnanimious policy, 307.

prosperous state of the Union, at his election, 308, 309.

his negotiations with Great Britain, 308.

his views of the South American republics, 316, 318, 346.
Message relating to Georgia and Indians, 338.

opposition to it, 347.

his opinion on the Tariff, 356, 357.

AGRICULTURE, interests of, stated by Mr. Monroe, 247.

ALABAMA, State of admitted, 263.

ALGIERS and other Barbary powers. 122, 124, 127, 132, 135, 137, 232.
ALIEN AND SEDITION LAWS, 102.

ALIENS too easily admitted citizens, 139.

AMERICAN SYSTEM, 389, 340.

AMENDMENTS to Constitution, 26, 27, 269.
proposed, 322.

BANK OF UNITED STATES established, 36.

expires and not removed, 178.

proposed in 1814, and approved by two Houses of Congress, 222.

disapproved by Mr Madison,

incorporated in 1816, 233.

provisions and period of, 234.

222,

useful to regulate the currency, 235.

223.

President Jackson opposed to, 378, 394.
bill to renew, negatived by him, 389.

examination of, 261.

reported to be correct and safe, 261, 410.

President Jackson early opposed to, 378, 389.

not injurious, but useful, 378, 379, 394.

McLane, Secretary of Treasury, in favor of, 394.
opinion in favor of, in Philadelphia, 395.

BANK OF UNITED STATES, public funds removed from, 403.
congress a majority in favor of, 388, 389, 403, 410.
President Jackson opposed to, 394, 402, 418.

BANKS, of States, bills of not received unless redeemed, 241.
whether subject to regulation by federal government, 241.
numerous in 1316 and 1317, 242, 265, 267.

utility of, if well conducted. 242

unable to pay specie, 265, 267.

made places of deposit of funds of United States, 418, 419.

BANKRUPT LAW, 109, 269, 275, 284, 322, 326, 335.

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BARBOUR, Secretary of War, his system of treating the Indian tribes, 361.
in favor of their removal, 361.

BURR AARON. Vice President, 118, 137.

his conspiracy, 143, 144, 153, 164.

CALHOUN JOHN C., of South Carolina, in favor of enlarged policy and liberal
construction of Constitution, 237.

resolutions on State rights, 398.

CANADA, invaded in war of 1812, 184, 197.

invasion of, unsuccessful, 191, 192, 204, 211, 218.

invasion of, in 1813, 204.

war on the borders of, 208, 212.

invasion of, unpopular, 212.

a new invasion of, unsuccessful, 218.

many lives lost in the expeditions of, 218.

CARROLL CHARLES, last signer of Declaration of Independence, privilege of
franking, 352.

CHASE, Judge of Supreme Court of United States impeached, 133.

acquitted, 134.

CHESAPEAKE FRIGATE, attacked by a British ship of war, 148, 149.
extra session of Congress for, 150.

negotiations on, 151.

President Jefferson's opinion of the attack on, 152.

CINCINNATI SOCIETY, one of its fundamental principles, 77.

CLAY HENRY, of Kentucky, favored a recognition of South American re-
publics, 257, 264.

COMMERCE, early regulated and encouraged, 20, 68.

embarrassed by foreign nations, 179, 180, 243.

state of, in 1816, 234.

amount great engaged in, 234.

depressed by British monopolizing regulations, 243.

remedies to prevent proposed, 244.

with foreign nations proposed on principles of reciprocity, 300, 301.

CONFEDERATION, imperfect and inefficient, 10.

CONSTITUTION formed and adopted, 9.

approved by the people acting by States, 10, 11.
amendments of, 10, 68, 131, 298.

proposed, 322.

power given by it to federal government limited, 227, 228.
no security to liberty, if not limited and obeyed, 228.

COURTS, federal, new modelled, 116, 122, 124.

proposal to allow appeals from to Senate, 286, 324.
proposition to enlarge, 378.

CURRENCY to be regulated by Congress, 241, 243.

Bank of United States favorable to a uniform, 243.
effect on, by experiments of General Jackson, 442.

CUMBERLAND ROAD, expenses of, 265, 390.

extended, 265, 296, 323, 390.

opinion of Jefferson, Madison and Monroe of, 323, 390.
opinion of Jackson of, 390, 441.

DEBT NATIONAL, 21, 33, 45, 230, 263.

funding of, 52.

reduction of, urged by Washington, 77.

large in 1815,-230, 233, 245, 252, 230, 272, 282, 329, 346, 347.

DEBT National, plan for reducing, 233, 245.
much reduced, 302.
paid off, 430.

DEBTS of States assumed, 31, 32, 33.
DEBATES in Congress with open doors, 39, 40.
great range in, 381.*

DEFAULTERS Public, to be removed, 84.

DUANE, partial conduct of Mr. Jefferson to, 121.
DUTIES on Tea, Coffee, &c., rates of, reduced, 379.

EMBARGO in 1807, without limitation, 157.

objections to, and sufferings by, 158, 162, 165, 166, 215.

ENGLAND, restrictions on trade and navigation, 48.
negotiations with, 37, 45, 48.
retains forts, 45.

depredations on American navigation, 63.
impressments by, of American Seamen, 64.

dispute with, as to the terms of treaty of 1794,-121.
and France interfere with neutral rights, 141.
negotiations with, 146, 166, 171, 172.

treaty with, rejected by Mr. Jefferson, 146, 156.
negotiations with, declined, 160.

non-intercourse with, 169, 174, 216.

treaty signed by its ministers disapproved, 170.
new disputes with, in 1809,-172, 173.

Envoy of, leaves Washington, 173.

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his improper charge against the President, 173.

attempts to preserve peace with, 176.

complains of French duplicity, 176.

War declared against, 180, 181.

proposals from, for cessation of hostilities, 197.
Orders in Council, 204.

61 repealed, 204, 207.

disputes with, continued and reasons for, 213, 366, 368
peace made with, 217.

Commercial Convention with, 231.

proposals to, for Commercial intercourse, 244,

dispute with, of Eastern boundary, 299, 344, 353.
trade with, reciprocity claimed, 300, 308, 327.
Commercial intercourse with, 250, 259.
reciprocity of, desired, 327, 376, 377.

declines to treat on liberal terms, 332, 344.

outlines of proposals to, for treaty, 332.

agrees to pay for Slaves, 333.

trade to its Colonies, 335, 342, 344, 376, 359.

different terms of a treaty with, 335, 359, 376.

Boundary between, and United States, 344, 353, 387, 393.

Commercial treaty with, 385, 393, 387.

Boundary line of, Northeast, 393.

unsettled, 313, 413, 414, 415, 416.

claims of, about line, 414, 415, 416.

EXCISE on distilled spirits, 41, 70.

opposition to, 55, 74, 104.

on carriages, 70.

EXPENSES Public, estimation of, in 1789, 27.
46 in 1837, 441.

great for Public Printing, 441.

FINANCE, early attention of Congress to, 20, 29, 40, 51.
in 1800, 115, 125.

low state of, 179, 180, 201, 214, 274.

public improved, 245, 252, 309.

state of, 326, 329, 346, 355, 380, 389, 418.

great expenditures, 420, 428.

FISHERIES encouraged, 46.

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