sion." But this dodges the blow by confounding the claim to secede at will with the right of seceding from intolerable oppression. The former answers itself, being a violation, without cause, of a faith solemnly pledged. The latter is another name only for revolution, about which there is no theoretic controversy. Its double aspect, nevertheless, with the countenance received from certain quarters, is giving it a popular currency here, which may influence the approaching elections, both for Congress and for the State Legislature. It has gained some advantage, also, by mixing itself with the question whether the Constitution of the United States was formed by the people, or by the States, now under a theoretic discussion by animated partisans.

"It is fortunate when disputed theories can be decided by undisputed facts, and here the undisputed fact is, that the Constitution was made by the people, but as embodied into the several States who were parties to it-therefore made by the States in their highest authoritative capacity. They might, by the same authority, and by the same process, have converted the confederacy into a mere league or treaty, or continued it with enlarged or abridged power; or have embodied the people of their respective States into one people, nation, or sovereignty; or, as they did, by a mixed form, make them one people, nation, or sovereignty, for certain purposes, and not so for others.

"The Constitution of the United States, being established by a competent authority-by that of the sovereign people of the several States who were par

ties to it—it remains only to inquire what the Constitution is; and here it speaks for itself. It organizes a government into the usual legislative, executive, and judiciary departments; invests it with specified powers, leaving others to the parties to the Constitution. It makes the government, like other governments, to operate directly on the people; places at its command the needful physical means of executing its powers; and, finally, proclaims its supremacy, and that of the laws made in pursuance of it, over the constitutions and laws of the States, the powers of the government being exercised, as in other elective and responsible governments, under the control of its constituents, the people and the Legislatures of the States, and subject to the revolutionary rights of the people in extreme cases.

"Such is the Constitution of the United States, de jure and de facto, and the name, whatever it be, that may be given to it, can make it nothing more or less than what it is.

"Pardon this hasty effusion, which, whether precisely according or not with your ideas, presents, I am aware, none that will be new to you.

"With great esteem and cordial salutations,

"Mr. WEBSTER."

"JAMES MADISON.

The bill, as is well known, passed-with the vote of John Tyler alone, in the negative; its other opponents having, from various reasons, left the Senate Chamber before the vote was taken. It is of course scarcely necessary to add, that Mr. Clay had

taken no part in this great debate, having been anxiously and laboriously engaged in elaborating and preparing the way for the Compromise, by which the dispute was at last adjusted. Mr. Webster's course in this crisis, commanded the warm approbation of General Jackson, who felt the extent of the service thus rendered to his administration. He took an early opportunity, in person, to express his cordial gratitude for his support, and his Secretary of State, Mr. Livingston, repeatedly made similar acknowledgments. It has been alleged that, mainly at Mr. Livingston's suggestion, General Jackson was strongly disposed to seek an alliance with Mr. Webster, founded upon the community of their principles upon this subject, which should extend to the whole of General Jackson's administration. It is alleged, on good authority, that Mr. Livingston, with the President's consent, consulted Mr. Webster upon the subject, and that a seat in the Cabinet was at the same time placed at his disposal. One fact, bearing upon this subject, is given by Mr. March, as upon authority. He states that a distinguished Senator, a political and personal friend of General Jackson, brought to Mr. Webster a list of intended nominees for office in the Eastern States, and asked him to erase therefrom the names of any who might be personally objectionable to him. This he declined to do, from an unwillingness to place himself under any obligation to the Administration, which might at all interfere with the freedom of his action. No one can avoid speculating as to the different political fortunes which might have overtaken the country, had the stern energy of Gen. Jackson

and the profound wisdom of Mr. Webster, been united in directing its destiny.

THE BANK CONTROVERSY.

The next great topic which enlisted public attention was well calculated, and its introduction, by the leaders of the Democratic party, it has been charged, was designed to render any such co-operation between these two commanding spirits out of the question. Mr. Webster, at the close of the session, made a short journey to the Middle and Western States. He was received everywhere with the most distinguished attention, being greeted by public meetings in all the principal cities, and making at various points addresses upon topics of public interest. Gen. Jackson also made a Northern tour during the same recess of Congress; and it was during that period that the removal of the public deposits from the Bank of the United States was determined on. It was carried into effect in September, 1833, and its immediate effect upon the business of the country was most disastrous. Congress met two months after; and one of the earliest movements in the Senate was the offering of a resolution by Mr. Clay, calling on the President for a copy of a paper said to have been read by him at a Cabinet meeting in regard to the removal of the deposits on the 18th of September. He supported the resolution in an animated speech, and it was adopted by a vote of 23 to 18,-the State-Rights men, on this occasion, abandoning General Jackson, and leaving the Administration in a minority. The President, in reply

to the resolution, declared his independence of the Senate, as a co-ordinate branch of the Government; and he had yet to learn under what constituted authority that branch of the Legislature had a right to require of him an account of any communication, either verbally or in writing, made to the heads of Departments in Cabinet Council." He therefore declined to comply with the request contained in the resolution. In the paper thus called for he had declared that he had decided upon the measure in question, and should carry it into effect upon his own responsibility, and without requiring any member of his Cabinet to make any sacrifice of opinion or of principle. For this he was severely denounced by the Opposition. Mr. Clay offered resolutions of substantial censure, and supported them in one of the ablest speeches he ever made. After a long and vehement debate, the resolutions, considerably modified by its author, passed the Senate, one of them by a vote of 26 to 20, and the other 28 to 18. In the discussion upon these resolutions Mr. Webster took no part. But in reply to them, General Jackson sent to the Senate on the 17th of April, 1834, his memorable Protest, in which he argued with great ability, 1st, that the Executive, under the Constitution and the laws, is the sole custodian of the public funds; 2dly, that even on the supposition that he had assumed an illegal power, he was amenable to the action of either House, only through the constitutional process of impeachment; 3dly, that the President alone is responsible to the People alone for the conduct of all the subordinate Executive Officers, while they in turn