nated a Constitution; it should be called, rather, a collection of topics, for everlasting controversy; heads of a debate for a disputatious people. It would not be a Government."

Mr. Hayne, in reply, took up the same line of argument, which Mr. Spence has adopted. He denied that the Constitution was framed by the people at large instead of the States. He contended that it was a compact between the States. "When," said he, "in the preamble we find the words, 'We, the People of the United States,' it is clear they can only relate to the people, as citizens of the several States, because the Federal Government was not then in existence." Even in that case, argued Mr. Webster, the States would be the only parties to the compact, and the National Government would be of their creation. For the terms of that compact, and the method of their interpretation, we must look to the Constitution itself. No one State can have a right to fix upon it her own peculiar construction to the exclusion of the rest, but all must agree. And thus the Constitution would have been surrounded by the same difficulties and dangers,

N

as the articles of Confederation. Mr. Hayne's reply shows that no claim was then set up for the right of secession. Nullification itself was only intended to be a temporary arrest of what might be considered by a State, an unconstitutional exercise of power.

*

"A state," said he, "is brought into collision with the United States in relation to the exercise of unconstitutional powers: who is to decide between them? In all such cases some mode must be devised by mutual agreement for settling the difficulty; and most happily for us that mode is clearly indicated in the Constitution itself, and results indeed from the very form and structure of the Government. The creating power is three-fourths of the States. By their decision the parties to the compact have agreed to be bound, even to the extent of changing the entire form of the Government itself; and it follows of necessity, that in case of a deliberate and settled difference of opinion between the parties to the compact, as to the extent of the powers of either, resort must be had to their common superior (that power which may give any character to the Constitution they

may think proper), viz., three-fourths of the States." 1

Mr. Calhoun, at that time, held similar opinions. In a declaration drawn up by him in 1828 for the people of South Carolina, he says, that "by the adoption of the Federal Constitution the State had modified its original right of sovereignty whereby its individual consent was necessary to any change in its political condition, and by becoming a member of the Union had placed that power in the hands of three-fourths of the States in whom the highest power known to the Constitution actually resides." 2

It

It has been well observed, that no Constitution ever provides for its own destruction. is confessedly subject to the changes of time and to the chances of revolution. The Constitution of the United States provides against the latter and for the former in the power of amendment by appeal to the source of its authority-the Sovereign People. It guarantees the blessings of a free press, free speech,

1 BRADFORD'S History of the Federal Government, Appendix. 2 EVERETT'S Oration, 82.

free religion, free self-government in internal affairs, and trial by jury. The Southern States have rebelled against this Constitution in order to secure, and, if possible, to extend the institution of slavery; to create for the first time a State founded upon the subordination of the African race, as its unchangeable basis; to make slavery" that stone rejected by the first builders-the chief stone of the corner," and the Conservatives of England have justified their rebellion !

So described by the Vice-President of the Confederacy.

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APPENDIX.

A.

ARTICLES OF CONFEDERATION AND

PERPETUAL UNION.

Between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

ART. 1. The style of this Confederacy shall be "The United States of America."

ART. 2. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled.

ART. 3. The said States hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to or attacks made upon them on account of religion, sovereignty, trade, or any other pretence whatever.

ART. 4. The better to secure and perpetuate mutual