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The Works of Daniel Webster, Volume 1

Chapter 66: INTRODUCTORY NOTE.
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About This Book

This volume assembles a biographical memoir and a wide selection of speeches, legal arguments, and public addresses spanning a political and legal career. The memoir traces early education, legal training, and advancement in practice, while the collected writings document major courtroom cases, congressional debates, diplomatic negotiations, and service in executive office. Included are ceremonial discourses, addresses on national policy such as finance, tariff, and territorial questions, and reflections on constitutional principles and the Union. The arrangement balances narrative biography with representative speeches and legal opinions, offering insight into rhetorical method, constitutional reasoning, and practical statesmanship.

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The Constitution, again, is founded on compromise, and the most perfect and absolute good faith, in regard to every stipulation of this kind contained in it is indispensable to its preservation. Every attempt to accomplish even the best purpose, every attempt to grasp that which is regarded as an immediate good, in violation of these stipulations, is full of danger to the whole Constitution. I need not say, also, that possible collision between the general and the State governments always has been, is, and ever must be, a source of danger to be strictly watched by wise men.

But, Gentlemen, as I have spoken of dangers now, in my judgment actually existing, I will state at once my opinions on that point, without fear and without reserve. I reproach no man, I accuse no man; but I speak of things as they appear to me, and I speak of principles and practices which I deem most alarming. I think, then, Gentlemen, that a great practical change is going on in the Constitution, which, if not checked, must completely alter its whole character. This change consists in the diminution of the just powers of Congress on the one hand, and in the vast increase of executive authority on the other. The government of the United States, in the aggregate, or the legislative power of Congress, seems fast losing, one after another, its accustomed powers. One by one, they are practically struck out of the Constitution. What has become of the power of internal improvement? Does it remain in the Constitution, or is it erased by the repeated exercise of the President’s veto, and the acquiescence in that exercise of all who call themselves his friends, whatever their own opinions of the Constitution may be? The power to create a national bank, a power exercised for forty years, approved by all Presidents, and by Congress at all times, and sanctioned by a solemn adjudication of the Supreme Court, is it not true that party has agreed to strike this power, too, from the Constitution, in compliance with what has been openly called the interests of party? Nay, more; that great power, the power of protecting domestic industry, who can tell me whether that power is now regarded as in the Constitution, or out of it?

But, if it be true that the diminution of the just powers of Congress, in these particulars, has been attempted, and attempted with more or less success, it is still more obvious, I think, that the executive power of the government has been dangerously 332 increased. It is spread, in the first place, over all that ground from which the legislative power of Congress is driven. Congress can no longer establish a bank, controlled by the laws of the United States, amenable to the authority, and open, at all times, to the examination and inspection of the legislature. It is no longer constitutional to make such a bank, for the safe custody of the public treasure. But of the thousand State corporations already existing, it is constitutional for the executive government to select such as it pleases, to intrust the public money to their keeping, without responsibility to the laws of the United States, without the duty of exhibiting their concerns, at any time, to the committees of Congress, and with no other guards or securities than such as executive discretion on the one hand, and the banks themselves on the other, may see fit to agree to.

And so of internal improvement. It is not every thing in the nature of public improvements which is forbidden. It is only that the selection of objects is not with Congress. Whatever appears to the executive discretion to be of a proper nature, or such as comes within certain not very intelligible limits, may be tolerated. And even with respect to the tariff itself, while as a system it is denounced as unconstitutional, it is probable some portion of it might find favor.

But it is not the frequent use of the power of the veto, it is not the readiness with which men yield their own opinions, and see important powers practically obliterated from the Constitution, in order to subserve the interest of the party, it is not even all this which furnishes, at the present moment, the most striking demonstration of the increase of executive authority. It is the use of the power of patronage; it is the universal giving and taking away of all place and office, for reasons no way connected with the public service, or the faithful execution of the laws; it is this which threatens with overthrow all the true principles of the government. Patronage is reduced to a system. It is used as the patrimony, the property of party. Every office is a largess, a bounty, a favor; and it is expected to be compensated by service and fealty. A numerous and well-disciplined corps of office-holders, acting with activity and zeal, and with incredible union of purpose, is attempting to seize on the strong posts, and to control, effectually, the expression of the public will. As has been said of the Turks in Europe, they are not so 333 much mingled with us, as encamped among us. And it is more lamentable, that the apathy which prevails in a time of general prosperity produces, among a great majority of the people, a disregard to the efforts and objects of this well-trained and effective corps. But, Gentlemen, the principle is vicious; it is destructive and ruinous; and whether it produces its work of disunion to-day or to-morrow, it must produce it in the end. It must destroy the balance of the government, and so destroy the government itself. The government of the United States controls the army, the navy, the custom-house, the post-office, the land-offices, and other great sources of patronage. What have the States to oppose to all this? And if the States shall see all this patronage, if they shall see every officer under this government, in all its ramifications, united with every other officer, and all acting steadily in a design to produce political effect, even in State governments, is it possible not to perceive that they will, before long, regard the whole government of the Union with distrust and jealousy, and finally with fear and hatred?

Among other evils, it is the tendency of this system to push party feelings and party spirit to their utmost excess. It involves not only opinions and principles, but the pursuits of life and the means of living, in the contests of party. The executive himself becomes but the mere point of concentration of party power; and when executive power is exercised or is claimed for the supposed benefit of party, party will approve and justify it. When did heated and exasperated party ever complain of its leaders for seizing on new degrees of power?

This system of government has been openly avowed. Offices of trust are declared, from high places, to be the regular spoils of party victory; and all that is furnished out of the public purse, as a reward for labor in the public service, becomes thus a boon, offered to personal devotion and partisan service. The uncontrolled power of removal is the spring which moves all this machinery; and I verily believe the government is, and will be, in serious danger, till some check is placed on that power. To combine and consolidate a great party by the influence of personal hopes, to govern by the patronage of office, to exercise the power of removal at pleasure, in order to render that patronage effectual,—this seems to be the sum and substance of the political systems of the times. I am sorry to say, that the germ of this system had its first being in the Senate.

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The policy began in the last year of Mr. Adams’s administration, when nominations made by him to fill vacancies occurring by death or resignation were postponed, by a vote of the majority of the Senate, to a period beyond the ensuing 4th of March; and this was done with no other view than that of giving the patronage of these appointments to the incoming President. The nomination of a judge of the Supreme Court, among others, was thus disposed of. The regular action of the government was, in this manner, deranged, and undue and unjustly obtained patronage came to be received as among the ordinary means of government. Some of the gentlemen who concurred in this vote have since, probably, seen occasion to regret it. But they thereby let loose the lion of executive prerogative, and they have not yet found out how they can drive it back again to its cage. The debates in the Senate on these questions, in the session of 1828-29, are not public; but I take this occasion to say, that the minority of the Senate, as it was then constituted, including, among others, myself and colleague, contended against this innovation upon the Constitution, for days and for weeks; but we contended in vain.

The doctrine of patronage thus got a foothold in the government. A general removal from office followed, exciting, at first, no small share of public attention; but every exercise of the power rendered its exercise in the next case still easier, till removal at will has become the actual system on which the government is administered.

It is hardly a fit occasion, Gentlemen, to go into the history of this power of removal. It was declared to exist in the days of Washington, by a very small majority in each house of Congress. It has been considered as existing to the present time. But no man expected it to be used as a mere arbitrary power; and those who maintained its existence declared, nevertheless, that it would justly become matter of impeachment, if it should be used for purposes such as those to which the most blind among us must admit they have recently seen it habitually applied. I have the highest respect for those who originally concurred in this construction of the Constitution. But, as discreet men of the day were divided on the question, as Madison and other distinguished names were on one side, and Gerry and other distinguished names on the other, one may now differ from either, without incurring the imputation of arrogance, since 335 he must differ from some of them. I confess my judgment would have been, that the power of removal did not belong to the President alone; that it was but a part of the power of appointment, since the power of appointing one man to office implies the power of vacating that office, by removing another out of it; and as the whole power of appointment is granted, not to the President alone, but to the President and Senate, the true interpretation of the Constitution would have carried the power of removal into the same hands. I have, however, so recently expressed my sentiments on this point in another place, that it would be improper to pursue this line of observation further.

In the course of the last session, Gentlemen, several bills passed the Senate, intended to correct abuses, to restrain useless expenditure, to curtail the discretionary authority of public officers, and to control government patronage. The post-office bill, the custom-house bill, and the bill respecting the tenure of office, were all of this class. None of them, however, received the favorable consideration of the other house. I believe, that in all these respects a reform, a real, honest reform, is decidedly necessary to the security of the Constitution; and while I continue in public life, I shall not halt in my endeavors to produce it. It is time to bring back the government to its true character as an agency for the people. It is time to declare that offices, created for the people, are public trusts, not private spoils. It is time to bring each and every department within its true original limits. It is time to assent, on one hand, to the just powers of Congress, in their full extent, and to resist, on the other, the progress and rapid growth of executive authority.

These, Gentlemen, are my opinions. I have spoken them frankly, and without reserve. Under present circumstances, I should wish to avoid any concealment, and to state my political opinions in their full length and breadth. I desire not to stand before the country as a man of no opinions, or of such a mixture of opposite opinions that the result has no character at all. On the contrary, I am desirous of standing as one who is bound to his own consistency by the frankest avowal of his sentiments, on all important and interesting subjects. I am not partly for the Constitution, and partly against it; I am wholly for it, for it altogether, for it as it is, and for the exercise, when occasion requires, of all its just powers, as they have heretofore been exercised 336 by Washington, and the great men who have followed him in its administration.

I disdain, altogether, the character of an uncommitted man. I am committed, fully committed; committed to the full extent of all that I am, and all that I hope, to the Constitution of the country, to its love and reverence, to its defence and maintenance, to its warm commendation to every American heart, and to its vindication and just praise, before all mankind. And I am committed against every thing which, in my judgment, may weaken, endanger, or destroy it. I am committed against the encouragement of local parties and local feelings; I am committed against all fostering of anti-national spirit; I am committed against the slightest infringement of the original compromise on which the Constitution was founded; I am committed against any and every derangement of the powers of the several departments of the government, against any derogation from the constitutional authority of Congress, and especially against all extension of executive power; and I am committed against any attempt to rule the free people of this country by the power and the patronage of the government itself. I am committed, fully and entirely committed, against making the government the people’s master.

These, Gentlemen, are my opinions. I have purposely avowed them with the utmost frankness. They are not the sentiments of the moment, but the result of much reflection, and of some experience in the affairs of the country. I believe them to be such sentiments as are alone compatible with the permanent prosperity of the country, or the long continuance of its union.

And now, Gentlemen, having thus solemnly avowed these sentiments and these convictions, if you should find me hereafter to be false to them, or to falter in their support, I now conjure you, by all the duty you owe your country, by all your hopes of her prosperity and renown, by all your love for the general cause of liberty throughout the world,—I conjure you, that, renouncing me as a recreant, you yourselves go on, right on, straightforward, in maintaining, with your utmost zeal and with all your power, the true principles of the best, the happiest, the most glorious Constitution of a free government, with which it has pleased Providence, in any age, to bless any of the nations of the earth.

FOOTNOTES

[104]

Speech delivered in the Odeon, at Boston, on Occasion of the Presentation of a Vase by Citizens of that Place, on the 12th of October, 1835.

[105]

The Senate of the United States.

At a meeting of the political friends of the Hon. Daniel Webster, held at Euterpian Hall, in the city of New York, on Tuesday evening, the 21st of February, 1837, Chancellor Kent was called to the chair, and Messrs. Hiram Ketchum and Gabriel P. Dissosway were appointed secretaries.

The object of the meeting having been explained, the following resolutions were, on motion, duly seconded and unanimously adopted:—

Resolved, That this meeting has heard with deep concern of the intention of the Hon. Daniel Webster to resign his seat in the Senate of the United States at the close of the present session of Congress, or early in the next session.

Resolved, That while we regret the resignation of Mr. Webster, it would be most unreasonable to censure the exercise of his right to seek repose, after fourteen years of unremitted, zealous, and highly distinguished labors in the Congress of the United States; but we indulge the hope that the nation will, at no distant day, again profit by his ripe experience as a statesman and his extensive knowledge of public affairs, by his wisdom in council and eloquence in debate.

Resolved, That in the judgment of this meeting there is none among the living or the dead who has given to the country more just or able expositions of the Constitution of the United States; none who has enforced, with more lucid and impassionate eloquence, the necessity and importance of the preservation of the Union, or exhibited more zeal or ability in defending the Constitution from the foes without the government, and foes within it, than Daniel Webster.

Resolved, That there is no part of our widely extended country more deeply interested in the preservation of the Union than the city of New York; her motto should be ‘Union and Liberty, now and for ever, one and inseparable,’ and her gratitude should be shown to the statesman who first gave utterance to this sentiment.

Resolved, That David B. Ogden, Peter Stagg, Jonathan Thompson, James Brown, Philip Hone, Samuel Stevens, Robert Smith, Joseph Tucker, Peter Sharpe, Egbert Benson, Hugh Maxwell, Peter A. Jay, Aaron Clark, Ira B. Wheeler, William W. Todd, Seth Grosvenor, Simeon Draper, Jr., Wm. Aspinwall, Nathaniel Weed, Jonathan Goodhue, Caleb Bartow, Hiram Ketchum, Gabriel P. Dissosway, Henry K. Bogert, James Kent, Wm. S. Johnson, and John W. Leavitt, Esqrs., be a committee authorized and empowered to receive the Hon. Daniel Webster 340 on his return from Washington, and make known to him, in the form of an address or otherwise, the sentiments which this meeting, in common with the friends of the Union and the Constitution in the city, entertain for the services which he has performed for the country; that the committee correspond with Mr. Webster, and ascertain the time when his arrival may be expected, and give public notice of the same, together with the order of proceedings which may be adopted under these resolutions.

Resolved, That these resolutions, signed by the Chairman and Secretaries, be published when the committee shall notify the public of the expected arrival of Mr. Webster.

James Kent, Chairman.

Hiram Ketchum, Gabriel P. Dissosway, Secretaries.”


New York, March 1, 1837.

Sir:—It having been currently reported that you have signified your intention to resign your seat in the Senate of the United States, a number of the friends of the Union and the Constitution in this city were convened on the evening of the 21st of last month, to devise measures whereby they might signify to you the sentiments which they, in common with all the Whigs in this city, entertain for the eminent services you have rendered to the country. At this meeting, the Hon. James Kent was called to the chair, and resolutions, a copy of which I inclose you, were adopted, not only with entire unanimity, but with a feeling of warm and hearty concurrence. On behalf of the committee appointed under one of these resolutions, I now have the honor to address you. It will be gratifying to the committee to learn from you at what time you expect to arrive in this city on your return to Massachusetts. If informed of the time of your arrival, it will afford the committee pleasure to meet you, and, in behalf of the Whigs of New York, to welcome you, and to offer you, in a more extended form than the resolutions present, their views of your public services. I am instructed by the committee to say, that, whether you shall choose to appear among us as a public man or a private citizen, you will be warmly greeted by every sound friend of that Constitution for which you have been so distinguished a champion. Should your resolution to resign your seat in the Senate be relinquished, you will, in the opinion of the committee, impose new obligations upon the friends of the Union and the Constitution.

“I have the honor to be, very truly, your obedient servant,

D. B. Ogden.

“To Hon. Daniel Webster, Washington.”


Washington, March 4th, 1837.

My dear Sir:—I have the honor to acknowledge the receipt of your letter of the 1st instant, communicating the resolutions adopted at a meeting of a number of political friends in New York.

“The character of these resolutions, and the kindness of the sentiments expressed in your letter, have filled me with unaffected gratitude. I feel, at the same time, how little deserving are any political services 341 of mine of such commendation from such a source. To the discharge of the duties of my public situation, sometimes both anxious and difficult, I have devoted time and labor without reserve; and have made sacrifices of personal and private convenience not always unimportant. These, together with integrity of purpose and fidelity, constitute, I am conscious, my only claim to the public regard; and for all these I find myself richly compensated by proofs of approbation such as your communication affords.

“My desire to relinquish my seat in the Senate for the two years still remaining of the term for which I was chosen, would have been carried into execution at the close of the present session of the Senate, had not circumstances existed which, in the judgment of others, rendered it expedient to defer the fulfilment of that purpose for the present.

“It is my expectation to be in New York early in the week after next; and it will give me pleasure to meet the political friends who have tendered me this kind and respectful attention, in any manner most agreeable to them.

“I pray you to accept for yourself, and the other gentlemen of the committee, my highest regard.

Daniel Webster.

“To D. B. Ogden, Esq., New York.”


“At a meeting of the committee appointed under the above resolution, Philip Hone, Robert Smith, John W. Leavitt, Egbert Benson, Ira B. Wheeler, Caleb Bartow, Simeon Draper, Jr., and Wm. S. Johnson, Esqrs., were appointed a sub-committee to make arrangements for the reception of Mr. Webster. The committee have corresponded with Mr. Webster, and ascertained that he will leave Philadelphia on the morning of Wednesday next. He will be met by the committee, and, on landing at Whitehall, at about two o’clock on Wednesday afternoon, will thence be conducted by the committee, accompanied by such other citizens as choose to join them, to a place hereafter to be designated. In the evening, at half past six o’clock, he will be addressed by the committee, in a public meeting of citizens, at Niblo’s Saloon.

D. B. Ogden, Chairman.”

On the subsequent day, March 15th, the committee appointed for that purpose met Mr. Webster at Amboy, and accompanied him to the city, where he was met, on landing, by a very numerous assemblage of citizens, who thronged to see the distinguished Senator, and give him a warm welcome; after landing, he was attended by the committee and a numerous cavalcade through Broadway, which was crowded with the most respectable citizens, to lodgings provided for him at the American Hotel. Here he made a short address to the assembled citizens, and in the evening was accompanied by the committee to Niblo’s Saloon. One of the largest meetings ever held in the city of New York assembled in the Saloon, and at half past six o’clock was called to order by Aaron Clark; David B. Ogden was called to the chair as President of the meeting; 342 Robert C. Cornell, Jonathan Goodhue, Joseph Tucker, and Nathaniel Weed were nominated Vice-Presidents; and Joseph Hoxie and George S. Robbins, Secretaries.

After the meeting was organized, Philip Hone introduced Mr. Webster with a few appropriate remarks, and he was received with the most enthusiastic greetings. Mr. Ogden then addressed him as follows:—

“On behalf of a committee, appointed at a meeting of a number of your personal and political friends in this city, I have now the honor of addressing you.

“It has afforded the committee, and, I may add, all your political friends, unmingled pleasure to learn that you have, at least for the present, relinquished the intention which I know you had formed of resigning your seat in the Senate of the United States. While expressing their feelings upon this change in your determination, the committee cannot avoid congratulating the country that your public services are not yet to be lost to it and that the great champion of the Constitution and of the Union is still to continue in the field upon which he has earned so many laurels, and has so nobly asserted and defended the rights and liberties of the people.

“The effort made by you, and the honorable men with whom you have acted in the Senate, to resist executive encroachments upon the other departments of the government, will ever be remembered with gratitude by the friends of American liberty. That these efforts were not more successful, we shall long have reason to remember and regret. The administration of General Jackson is fortunately at an end. Its effects upon the Constitution and upon the commercial prosperity of the country are not at an end. Without attempting to review the leading measures of his administration, every man engaged in business in New York feels, most sensibly, that his experiment upon the currency has produced the evils which you foretold it would produce. It has brought distress, to an extent never before experienced, upon the men of enterprise and of small capital, and has put all the primary power in the hands of a few great capitalists.

“Upon the Senate our eyes and our hopes are fixed; we know that you and your political friends are in a minority in that body, but we know that in that minority are to be found great talents, great experience, great patriotism, and we look for great and continued exertions to maintain the Constitution, the Union, and the liberties of this people. And we take this opportunity of expressing our entire confidence, that whatever men can do in a minority will be done in the Senate to relieve the country from the evils under which she is now laboring, and to save her from being sacrificed by folly, corruption, or usurpation.

“It gives me, Sir, pleasure to be the organ of the committee to express to you their great respect for your talents, their deep sense of the importance of your public services, and their gratification to learn that you will still continue in the Senate.”

To this address Mr. Webster replied in the following speech.

Mr. Chairman, and Fellow-Citizens:—It would be idle in me to affect to be indifferent to the circumstances under which I have now the honor of addressing you.

I find myself in the commercial metropolis of the continent, in the midst of a vast assembly of intelligent men, drawn from all the classes, professions, and pursuits of life.

And you have been pleased, Gentlemen, to meet me, in this imposing manner, and to offer me a warm and cordial welcome to your city. I thank you. I feel the full force and importance of this manifestation of your regard. In the highly-flattering resolutions which invited me here, in the respectability of this vast multitude of my fellow-citizens, and in the approbation and hearty good-will which you have here manifested, I feel cause for profound and grateful acknowledgment.

To every individual of this meeting, therefore, I would now most respectfully make that acknowledgment; and with every one, as with hands joined in mutual greeting, I reciprocate friendly salutation, respect, and good wishes.

But, Gentlemen, although I am well assured of your personal regard, I cannot fail to know, that the times, the political and commercial condition of things which exists among us, and an intelligent spirit, awakened to new activity and a new degree of anxiety, have mainly contributed to fill these avenues and crowd these halls. At a moment of difficulty, and of much alarm, you come here as Whigs of New York, to meet one whom you believe to be bound to you by common principles and common sentiments, and pursuing, with you, a common object Gentlemen, 344 I am proud to admit this community of our principles, and this identity of our objects. You are for the Constitution of the country; so am I. You are for the Union of the States: so am I. You are for equal laws, for the equal rights of all men, for constitutional and just restraints on power, for the substance and not the shadowy image only of popular institutions, for a government which has liberty for its spirit and soul, as well as in its forms; and so am I. You feel that if, in warm party times, the executive power is in hands distinguished for boldness, for great success, for perseverance, and other qualities which strike men’s minds strongly, there is danger of derangement of the powers of government, danger of a new division of those powers, in which the executive is likely to obtain the lion’s part; and danger of a state of things in which the more popular branches of the government, instead of being guards and sentinels against any encroachments from the executive, seek, rather, support from its patronage, safety against the complaints of the people in its ample and all-protecting favor, and refuge in its power; and so I feel, and so I have felt for eight long and anxious years.

You believe that a very efficient and powerful cause in the production of the evils which now fall on the industrious and commercial classes of the community, is the derangement of the currency, the destruction of the exchanges, and the unnatural and unnecessary misplacement of the specie of the country, by unauthorized and illegal treasury orders. So do I believe. I predicted all this from the beginning, and from before the beginning. I predicted it all, last spring, when that was attempted to be done by law which was afterwards done by executive authority; and from the moment of the exercise of that executive authority to the present time, I have both foreseen and seen the regular progress of things under it, from inconvenience and embarrassment, to pressure, loss of confidence, disorder, and bankruptcies.

Gentlemen, I mean, on this occasion, to speak my sentiments freely on the great topics of the day. I have nothing to conceal, and shall therefore conceal nothing. In regard to political sentiments, purposes, or objects, there is nothing in my heart which I am ashamed of; I shall throw it all open, therefore, to you, and to all men. [That is right, said some one in the crowd; let us have it, with no non-committal.] Yes, 345 my friend, without non-committal or evasion, without barren generalities or empty phrase, without if or but, without a single touch, in all I say, bearing the oracular character of an Inaugural, I shall, on this occasion, speak my mind plainly, freely, and independently, to men who are just as free to concur or not to concur in my sentiments, as I am to utter them. I think you are entitled to hear my opinions freely and frankly spoken; but I freely acknowledge that you are still more clearly entitled to retain, and maintain, your own opinions, however they may differ or agree with mine.

It is true, Gentlemen, that I have contemplated the relinquishment of my seat in the Senate for the residue of the term, now two years, for which I was chosen. This resolution was not taken from disgust or discouragement, although some things have certainly happened which might excite both those feelings. But in popular governments, men must not suffer themselves to be permanently disgusted by occasional exhibitions of political harlequinism, or deeply discouraged, although their efforts to awaken the people to what they deem the dangerous tendency of public measures be not crowned with immediate success. It was altogether from other causes, and other considerations, that, after an uninterrupted service of fourteen or fifteen years, I naturally desired a respite. But those whose opinions I am bound to respect saw objections to a present withdrawal from Congress; and I have yielded my own strong desire to their convictions of what the public good requires.

Gentlemen, in speaking here on the subjects which now so much interest the community, I wish in the outset to disclaim all personal disrespect towards individuals. He whose character and fortune have exercised such a decisive influence on our politics for eight years, has now retired from public station. I pursue him with no personal reflections, no reproaches. Between him and myself, there has always existed a respectful personal intercourse. Moments have existed, indeed, critical and decisive upon the general success of his administration, in which he has been pleased to regard my aid as not altogether unimportant I now speak of him respectfully, as a distinguished soldier, as one who, in that character, has done the state much service; as a man, too, of strong and decided character, of unsubdued resolution and perseverance in whatever he undertakes. In speaking 346 of his civil administration, I speak without censoriousness or harsh imputation of motives; I wish him health and happiness in his retirement; but I must still speak as I think of his public measures, and of their general bearing and tendency, not only on the present interests of the country, but also on the well-being and security of the government itself.

There are, however, some topics of a less urgent present application and importance, upon which I wish to say a few words, before I advert to those which are more immediately connected with the present distressed state of things.

My learned and highly-valued friend (Mr. Ogden) who has addressed me in your behalf, has been kindly pleased to speak of my political career as being marked by a freedom from local interests and prejudices, and a devotion to liberal and comprehensive views of public policy.

I will not say that this compliment is deserved. I will only say, that I have earnestly endeavored to deserve it. Gentlemen, the general government, to the extent of its power, is national. It is not consolidated, it does not embrace all powers of government. On the contrary, it is delegated, restrained, strictly limited.

But what powers it does possess, it possesses for the general, not for any partial or local good. It extends over a vast territory, embracing now six-and-twenty States, with interests various, but not irreconcilable, infinitely diversified, but capable of being all blended into political harmony.

He, however, who would produce this harmony must survey the whole field, as if all parts were as interesting to himself as they are to others, and with that generous, patriotic feeling, prompter and better than the mere dictates of cool reason, which leads him to embrace the whole with affectionate regard, as constituting, altogether, that object which he is so much bound to respect, to defend, and to love,—his country. We have around us, and more or less within the influence and protection of the general government, all the great interests of agriculture, navigation, commerce, manufactures, the fisheries, and the mechanic arts. The duties of the government, then, certainly extend over all this territory, and embrace all these vast interests. We have a maritime frontier, a sea-coast, of many thousand miles; and while no one doubts that it is 347 the duty of government to defend this coast by suitable military preparations, there are those who yet suppose that the powers of government stop at this point; and that as to works of peace and works of improvement, they are beyond our constitutional limits. I have ever thought otherwise. Congress has a right, no doubt, to declare war, and to provide armies and navies; and it has necessarily the right to build fortifications and batteries, to protect the coast from the effects of war. But Congress has authority also, and it is its duty, to regulate commerce, and it has the whole power of collecting duties on imports and tonnage. It must have ports and harbors, and dock-yards also, for its navies. Very early in the history of the government, it was decided by Congress, on the report of a highly respectable committee, that the transfer by the States to Congress of the power of collecting tonnage and other duties, and the grant of the authority to regulate commerce, charged Congress, necessarily, with the duty of maintaining such piers and wharves and light-houses, and of making such improvements, as might have been expected to be done by the States, if they had retained the usual means, by retaining the power of collecting duties on imports. The States, it was admitted, had parted with this power; and the duty of protecting and facilitating commerce by these means had passed, along with this power, into other hands. I have never hesitated, therefore, when the state of the treasury would admit, to vote for reasonable appropriations, for breakwaters, light-houses, piers, harbors, and similar public works, on any part of the whole Atlantic coast or the Gulf of Mexico, from Maine to Louisiana.

But how stands the inland frontier? How is it along the vast lakes and the mighty rivers of the North and West? Do our constitutional rights and duties terminate where the water ceases to be salt? or do they exist, in full vigor, on the shores of these inland seas? I never could doubt about this; and yet, Gentlemen, I remember even to have participated in a warm debate, in the Senate, some years ago, upon the constitutional right of Congress to make an appropriation for a pier in the harbor of Buffalo. What! make a harbor at Buffalo, where Nature never made any, and where therefore it was never intended any ever should be made! Take money from the people to run out piers from the sandy shores of Lake Erie, or 348 deepen the channels of her shallow rivers! Where was the constitutional authority for this? Where would such strides of power stop? How long would the States have any powers at all left, if their territory might be ruthlessly invaded for such unhallowed purposes, or how long would the people have any money in their pockets, if the government of the United States might tax them, at pleasure, for such extravagant project as these? Piers, wharves, harbors, and breakwaters in the Lakes! These arguments, Gentlemen, however earnestly put forth heretofore, do not strike us with great power, at the present day, if we stand on the shores of Lake Erie, and see hundreds of vessels, with valuable cargoes and thousands of valuable lives, moving on its waters, with few shelters from the storm, except what is furnished by the havens created, or made useful, by the aid of government. These great lakes, stretching away many thousands of miles, not in a straight line, but with turns and deflections, as if designed to reach, by water communication, the greatest possible number of important points through a region of vast extent, cannot but arrest the attention of any one who looks upon the map. They lie connected, but variously placed; and interspersed, as if with studied variety of form and direction, over that part of the country. They were made for man, and admirably adapted for his use and convenience. Looking, Gentlemen, over our whole country, comprehending in our survey the Atlantic coast, with its thick population, its advanced agriculture, its extended commerce, its manufactures and mechanic arts, its varieties of communication, its wealth, and its general improvements; and looking, then, to the interior, to the immense tracts of fresh, fertile, and cheap lands, bounded by so many lakes, and watered by so many magnificent rivers, let me ask if such a MAP was ever before presented to the eye of any statesman, as the theatre for the exercise of his wisdom and patriotism? And let me ask, too, if any man is fit to act a part, on such a theatre, who does not comprehend the whole of it within the scope of his policy, and embrace it all as his country?

Again, Gentlemen, we are one in respect to the glorious Constitution under which we live. We are all united in the great brotherhood of American liberty. Descending from the same ancestors, bred in the same school, taught in infancy to imbibe 349 the same general political sentiments, Americans all, by birth, education, and principle, what but a narrow mind, or woful ignorance, or besotted selfishness, or prejudice ten times blinded, can lead any of us to regard the citizens of any part of the country as strangers and aliens?

The solemn truth, moreover, is before us, that a common political fate attends us all.

Under the present Constitution, wisely and conscientiously administered, all are safe, happy, and renowned. The measure of our country’s fame may fill all our breasts. It is fame enough for us all to partake in her glory, if we will carry her character onward to its true destiny. But if the system is broken, its fragments must fall alike on all. Not only the cause of American liberty, but the grand cause of liberty throughout the whole earth, depends, in a great measure, on upholding the Constitution and Union of these States. If shattered and destroyed, no matter by what cause, the peculiar and cherished idea of United American Liberty will be no more for ever. There may be free states, it is possible, when there shall be separate states. There may be many loose, and feeble, and hostile confederacies, where there is now one great and united confederacy. But the noble idea of United American Liberty, of our liberty, such as our fathers established it, will be extinguished for ever. Fragments and shattered columns of the edifice may be found remaining; and melancholy and mournful ruins will they be. The august temple itself will be prostrate in the dust. Gentlemen, the citizens of this republic cannot sever their fortunes. A common fate awaits us. In the honor of upholding, or in the disgrace of undermining the Constitution, we shall all necessarily partake. Let us then stand by the Constitution as it is, and by our country as it is, one, united, and entire; let it be a truth engraven on our hearts, let it be borne on the flag under which we rally, in every exigency, that we have one Country, one Constitution, one Destiny.


Gentlemen, of our interior administration, the public lands constitute a highly important part. This is a subject of great interest, and it ought to attract much more attention than it has hitherto received, especially from the people of the Atlantic States. The public lands are public property. They belong to 350 the people of all the States. A vast portion of them is composed of territories which were ceded by individual States to the United States, after the close of the Revolutionary war, and before the adoption of the present Constitution. The history of these cessions, and the reasons for making them, are familiar to you. Some of the Old Thirteen possessed large tracts of unsettled lands within their chartered limits. The Revolution had established their title to these lands, and as the Revolution had been brought about by the common treasure and the common blood of all the Colonies, it was thought not unreasonable that these unsettled lands should be transferred to the United States, to pay the debt created by the war, and afterwards to remain as a fund for the use of all the States. This is the well-known origin of the title possessed by the United States to lands northwest of the River Ohio.

By treaties with France and Spain, Louisiana and Florida, containing many millions of acres of public land, have been since acquired. The cost of these acquisitions was paid, of course, by the general government, and was thus a charge upon the whole people. The public lands, therefore, all and singular, are national property; granted to the United States, purchased by the United States, paid for by all the people of the United States.

The idea, that, when a new State is created, the public lands lying within her territory become the property of such new State in consequence of her sovereignty, is too preposterous for serious refutation. Such notions have heretofore been advanced in Congress, but nobody has sustained them. They were rejected and abandoned, although one cannot say whether they may not be revived, in consequence of recent propositions which have been made in the Senate. The new States are admitted on express conditions, recognizing, to the fullest extent, the right of the United States to the public lands within their borders; and it is no more reasonable to contend that some indefinite idea of State sovereignty overrides all these stipulations, and makes the lands the property of the States, against the provisions and conditions of their own constitution, and the Constitution of the United States, than it would be, that a similar doctrine entitled the State of New York to the money collected at the custom-house in this city; since it is no more inconsistent with sovereignty 351 that one government should hold lands, for the purpose of sale, within the territory of another, than it is that it should lay and collect taxes and duties within such territory. Whatever extravagant pretensions may have been set up heretofore, there was not, I suppose, an enlightened man in the whole West, who insisted on any such right in the States, when the proposition to cede the lands to the States was made, in the late session of Congress. The public lands being, therefore the common property of all the people of all the States, I shall never consent to give them away to particular States, or to dispose of them otherwise than for the general good, and the general use of the whole country.

I felt bound, therefore, on the occasion just alluded to, to resist at the threshold a proposition to cede the public lands to the States in which they lie, on certain conditions. I very much regretted the introduction of such a measure, as its effect must be, I fear, only to agitate what was well settled, and to disturb that course of proceeding in regard to the public lands, which forty years of experience have shown to be so wise, and so satisfactory in its operation, both to the people of the old States and to those of the new.

But, Gentlemen, although the public lands are not to be given away, nor ceded to particular States, a very liberal policy in regard to them ought certainly to prevail. Such a policy has prevailed, and I have steadily supported it, and shall continue to support it so long as I may remain in public life. The main object, in regard to these lands, is undoubtedly to settle them, so fast as the growth of our population, and its augmentation by emigration, may enable us to settle them.

The lands, therefore, should be sold, at a low price; and, for one, I have never doubted the right or expediency of granting portions of the lands themselves, or of making grants of money, for objects of internal improvement, connected with them.

I have always supported liberal appropriations for the purpose of opening communications to and through these lands, by common roads, canals, and railroads; and where lands of little value have been long in market, and, on account of their indifferent quality are not likely to command a common price, I know no objection to a reduction of price, as to such lands, so that they may pass into private ownership. Nor do I feel any objections 352 to removing those restraints which prevent the States from taxing the lands for five years after they are sold. But while, in these and all other respects, I am not only reconciled to a liberal policy, but espouse it and support it, and have constantly done so, I still hold the national domain to be the general property of the country, confided to the care of Congress, and which Congress is solemnly bound to protect and preserve for the common good.

The benefit derived from the public lands, after all, is, and must be, in the greatest degree, enjoyed by those who buy them and settle upon them. The original price paid to government constitutes but a small part of their actual value. Their immediate rise in value, in the hands of the settler, gives him competence. He exercises a power of selection over a vast region of fertile territory, all on sale at the same price, and that price an exceedingly low one. Selection is no sooner made, cultivation is no sooner begun, and the first furrow turned, than he already finds himself a man of property. These are the advantages of Western emigrants and Western settlers; and they are such, certainly, as no country on earth ever before afforded to her citizens. This opportunity of purchase and settlement, this certainty of enhanced value, these sure means of immediate competence and ultimate wealth,—all these are the rights and the blessings of the people of the West, and they have my hearty wishes for their full and perfect enjoyment.

I desire to see the public lands cultivated and occupied. I desire the growth and prosperity of the West, and the fullest development of its vast and extraordinary resources. I wish to bring it near to us, by every species of useful communication. I see, not without admiration and amazement, but yet without envy or jealousy, States of recent origin already containing more people than Massachusetts. These people I know to be part of ourselves; they have proceeded from the midst of us, and we may trust that they are not likely to separate themselves, in interest or in feeling, from their kindred, whom they have left on the farms and around the hearths of their common fathers.

A liberal policy, a sympathy with its interests, an enlightened and generous feeling of participation in its prosperity, are due to the West, and will be met, I doubt not, by a return of sentiments equally cordial and equally patriotic.