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 Stael 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.