FOOTNOTES:

[1] Mr. H. C. Lodge, in his Life of Daniel Webster, says, touching the debate with Hayne in 1830:

"When the Constitution was adopted by the votes of states at Philadelphia, and accepted by the votes of states in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton, on the one side, to George Clinton and George Mason, on the other, who regarded the new system as anything but an experiment entered upon by the states, and from which each and every state had the right to peaceably withdraw, a right which was very likely to be exercised."

Mr. Gaillard Hunt, author of the Life of James Madison, and editor of his writings, has published recently a confidential memorandum dated May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information, giving an account of a long and solemn interview between himself and Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by reason of differences of opinion between the East and the South, as to the scope and functions of government, the Union could not last long. Therefore they considered it best to have a dissolution at once, by mutual consent, rather than by a less desirable mode. Taylor, on the other hand, thought that the Union should be supported if possible, but if not possible he agreed that an amicable separation was preferable. Madison wrote at the bottom of this paper the words: "The language of K and E probably in terrorem," and laid it away so carefully that it never saw the light until the year 1905.

[2] Letters of Daniel Webster, edited by C. W. Van Tyne, p. 67. Mr. Van Tyne says that Webster "here advocated a doctrine hardly distinguishable from nullification."

[3] Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge says:

"Whatever the people of the United States understood the Constitution to mean in 1789, there can be no question that a majority in 1833 regarded it as a fundamental law and not a compact,—an opinion which has now become universal. But it was quite another thing to argue that what the Constitution had come to mean was what it meant when it was adopted."

See also Pendleton's Life of Alexander H. Stephens, chap. XI.

[4] G. H. Moore's History of Slavery in Massachusetts, p. 215.

[5] Jefferson was cut to the heart by this failure. Commenting on an article entitled "États Unis" in the Encylopédie, written by M. de Meusnier, referring to his proposed anti-slavery ordinance, he said: