a very clear and concise speech, had objected, in
like manner, saying the gentleman was right as
far as he went, but that something more was ne-
cessary. That "something more" it was the ob-
ject of his amendment to supply. Another gen-
tleman from Queen Anne's, [Mr. Spencer,] had
declared "it was the first time in his whole life,
he had ever heard it claimed that government
was founded in compact."
Here Mr. SPENCER explained that he had not
intended to use language so broad, but to say
that the Constitution was not a compact.
Mr, C. resumed. Upon this, his friend from
Anne Arundel, (Mr. Donaldson,) had delivered
an argument as lucid and logical, and to his mind,
as conclusive, and if he were not present, he
would add, as statesman-like as any he had lis-
tened to in this House. Other gentlemen had
expressed conflicting opinions upon the subject.
The elaborate argument of the gentleman from
Cecil, (Mr. McLane,) was not professedly in re-
ply to that of his friend near him, (Mr. Donald-
son, ) but Was directed against the positions
which he, [Mr. C.,] had previously and briefly
urged; and these he now begged leave so to re-
state as to leave no room for misconception.
1st. He maintained, that according to our the-
ory, government was founded in compact;
and
2ndly. That the acknowledged sovereign pow-
er of the people, to alter and reform the Consti-
tution and form of government, must be exercis-
ed by a mode prescribed by the Constitution il-
self, or by a law pursuant thereto, or it must be
by revolution.
As to the first proposition, he begged to be dis-
tinctly understood, as not holding the "compact"
to be of such a character, as to justify an action
at law, by an individual who might allege a par-
ticular violation to his detriment. The very na-
ture of the agreement and the parties to it, for-
bid any such idea. Amongst individuals enter-
ing into compacts, there was always a clear un-
derstanding, that the courts of justice would ad-
minister relief to a party injured by the violation
of its terms.
In the formation of a government there were
no tribunals superior to the government, and the
only redress to which an individual could look,
was the moral obligation to perform the stipula-
tions of the agreement in good faith. Except,
indeed, where one branch of the government
might be appealed to, as a check upon the at-
tempt of another branch to commit such a viola-
tion. Thus the courts frequently interposed to
arrest the execution of a legislative enactment,
which was in violation of individual rights, se-
cured by the organic law.
Nor did he mean a compact in the sense of a
treaty amongst nations, sovereign and indepen-
dent, which having no higher power to decide in
questions of alleged violations of their agreements
must of necessity, each decide for itself, and re-
cede from the agreement, when a violation was
committed.
He had supposed that the express and emphat-
ic declaration in our bill of rights would have

been sufficient authority for any Mainland law-
yer, but he would be able to show abundant au-
thority for the truth of his proposition without
going farther than to the pages of the book re-
lied on by the gentleman from Cecil-Justice
Story's Commentaries on the Constitution. Judge
Tucker in his commentaries on Blakistone-a
book in the bands of every law-student-has mi-
nutely entered into this subject. He maintains
the doctrine in the strongest terms. Judge Story
in the book relied on, reviews at length, Judge
Tucker's remarks, and in the course of his ex-
amination, refers as is usual with him, to all the
leading authorities. Mr. C. here read from va-
rious pages, the quotations from Madison, Jeffer-
son, Jay, John Quincy Adams, Mr. Dane, the
Constitution of Massachusetts, the resolutions
of Virginia and of Kentucky', all in "tottidem ver-
his," expressing the distinct doctrine, that Government
was founded in compact.
He averred that Justice Story himself maintain-
ed this doctrine, and was misconceived by the
gentleman from Cecil. It must not be lost sight
of in this inquiry, what Justice Story was discus-
sing. The doctrine of the right of secession of one
State from the Union, fora violation of the terms
of the Constitution had been openly avowed.
South Carolina had maintained her right to nul-
lify-to treat as void-any law which she consid-
ered contrary to the letter or spirit of those
terms. Her senators in Congress had maintained
the same claim, and the subject filled the minds of
political men all through the country. This right
was based upon the ground, that the States as
sovereignties were parties to the compact, which,
therefore, was to be regarded as a treaty amongst
independent nations.
Against this doctrine, Mr. Webster had raised
his powerful logic; and his efforts to put down
that mischievous creed would have immortalized
his name, had he no other claim to the gratitude
of the latest posterity. Justice Story, in his trea-
tise, is examining into this question. After ex-
pending some five and forty pages in reviewing
the authorities on either side, he says, in page
304, sec. 335, "It is easy to understand how com-
pacts between independent nations are to be con-
strued, and violations redressed." "There are
but three modes in which these differences can be
adjusted:" they are by "new negotiations," "ref-
erence to a common arbiter selected pro hac vice,"
or, "a resort to arms." In the following section,
336, he continues, "it seems equally plain that
in our forms of Government the Constitution
cannot contemplate either of these modes of re-
dress. Each citizen is not supposed to enter
into the compact with all the others as sovereign,
retaining an independent and co-equal authority to
judge and decide for himself. He has no authority
reserved to institute new negotiations; or to sus-
pend the operations of the Constitution, or to com-
pel the reference to a common arbiter; or to declare
war against the community to which he belongs."
Then follows immediately the section, 337,
page 305, triumphantly relied on by the gentle-
man from Cecil. "No such claim has ever (at
least to our knowledge) been asserted by any ju-