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The Works of Daniel Webster, Volume 1
That it has been exposed to many dangers, that it has met critical moments, is certain. That it is now exposed to dangers, and that a crisis is now before it, is equally clear, in my judgment. But it has hitherto been preserved, and vigilance and patriotism may rescue it again.
Our dangers, Gentlemen, are not from without. We have nothing to fear from foreign powers, except those interruptions of the occupations of life which all wars occasion. The dangers to our system, as a system, do not spring from that quarter. On the contrary, the pressure of foreign hostility would be most likely to unite us, and to strengthen our union, by an augmented sense of its utility and necessity. But our dangers are from within. I do not now speak of those dangers which have in all ages beset republican governments, such as luxury among the rich, the corruption of public officers, and the general degradation of public morals. I speak only of those peculiar dangers to which the structure of our government particularly exposes it, in addition to all other ordinary dangers. These arise among ourselves; they spring up at home; and the evil which they threaten is no less than disunion, or the overthrow of the whole system. Local feelings and local parties, a notion sometimes a sedulously cultivated of opposite interests in different portions of the Union, evil prophecies respecting its duration, cool calculations upon the benefits of separation, a narrow feeling that cannot embrace all the States as one country, an unsocial, anti-national, and half-belligerent spirit, which sometimes betrays itself,—all these undoubtedly are causes which affect, more or less, our prospect of holding together. All these are unpropitious influences.
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.
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.
RECEPTION AT NEW YORK
INTRODUCTORY NOTE
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.