In 1811, as one of the results of the purchase of Louisiana by Jefferson, a bill had been offered providing for the reception of the State of Orleans into the Union. The people of New Orleans spoke the French language, lived under the code of Napoleon, were monarchial in their sympathy, and Quincy opposed the bill, just as many men to-day would oppose the reception into the Union of the Philippines, the Hawaiians or the Porto Ricans. Mr. Quincy declared that if Orleans were admitted, the several States would be freed from the federal bonds and that "as it will be the right of all States, so it will be the duty of some, to prepare definitely for separation, amicably if they can, violently if they must." When the speaker ruled out of order these remarks, Quincy appealed, and the House of Representatives sustained his appeal by a vote of fifty-six to fifty-three. Congress, under the lead of Massachusetts, went on record that "it was permissible to discuss a dissolution of the Union, amicably if we can—forcibly if we must."

Two years later, Henry Clay taunted the Massachusetts leaders with this threat to dismember the Union. In 1844, Charles Francis Adams, in a speech opposing the annexation of Texas, affirmed the right of the Northern States to dissolve the Union. Even Charles Sumner and Horace Greeley held the same views in 1861. The editor was anxious to "let the erring sisters go," believing that the withdrawal was parliamentary; while Charles Sumner said: "If they will only go, we will build a bridge of gold for them to go over on."

But it was Calhoun who carried the doctrine of Nullification to its full development, and who worked out the theory of sovereignty. In the debate with Webster, on the Force Bill, he stated his argument as follows: "The people of Carolina believe that the Union is a union of States and not of individuals; that it was formed by the States, and that the citizens of the several States were bound to it through the acts of their several States; that each State ratified the Constitution for itself, and that it was only by such ratification of the States that any obligation was imposed upon its citizens.... On this principle the people of the State [South Carolina] have declared by the ordinance that the Acts of Congress which imposed duties under the authority to lay imposts, were acts not for revenue, as intended by the Constitution, but for protection, and therefore null and void." "The terms union, federal, united, all imply a combination of sovereignties, a confederation of States. The sovereignty is in the several States, and our system is a union of twenty-four sovereign powers, under a constitutional compact, and not of a divided sovereignty between the States severally and the United States."

His attitude towards slavery is illustrated by the remarks he delivered in the Senate. "This agitation has produced one happy effect at least; it has compelled us of the South to look into the nature and character of this great institution of slavery, and correct many false impressions that even we had entertained in relation to it. Many in the South once believed that it was a moral and political evil. That folly and delusion are gone. We see it now in its true light, and regard it as a most safe and stable basis for free institutions in the world. It is impossible with us that the conflict can take place between labour and capital, which makes it so difficult to establish and maintain free institutions in all wealthy and highly civilized nations, where such institutions as ours do not exist."

Calhoun's attempt to have his doctrine set forth on the floor of the Senate Chamber met a crushing blow. When the hour came, he chose, to present his view, Hayne of South Carolina, who defended the doctrine of nullification with great brilliancy and energy. Hayne took the ground that nullification was the old view always held by Virginia, that it was the doctrine of Thomas Jefferson, and had been urged by Josiah Quincy of Massachusetts itself. He was a most gifted orator. After a century of preparation, at length slavery had chosen its strategic position and drawn the battle line. From that moment it was certain that slavery must go, or that the Union must go. A feeling of apprehension spread over the land. Fear fell upon the hearts of the people. The one question of the hour was whether Webster could answer the Southern orator and sweep away the fog with which Hayne had enveloped the discussion, and make the old Constitution stand out as firm as a mountain, with principles as bright as the stars.

By universal consent Webster's reply is our finest example of forensic eloquence. The essence of the argument was the right of the majority to control the minority. That one State could nullify and secede whenever the majority outvoted it, practically destroyed the jury system which is embedded in Saxon history, destroyed the right of the majority of the aldermen to control the great city, destroyed the right of the majority of the supreme justices to make their decision. Webster's argument crushed the doctrine of secession, and made the Republic a nation. Thus Calhoun and Webster marked out the line of battle, for when the men in gray and the men in blue met at Gettysburg and Appomattox it was to determine whether Calhoun or Webster was right. Grant's final victory simply stamped with a seal of blood the great charter that Webster's genius had formulated.

In retrospect the wonderful thing about Webster's reply is that his notes were confined to a sheet of letter paper. Afterwards Webster said that it had been carefully prepared, for while there is such a thing as extemporaneous delivery, there is "no extemporaneous acquisition." Not until he entered the Senate Chamber and saw the crowds did he feel the slightest trepidation. "A strange sensation came. My brain was free. All that I had ever read or thought or acted, in literature, in history, in law, in politics, seemed to unroll before me in glowing panorama, and then it was easy, if I wanted a thunderbolt, to reach out and take it, as it went smoking by." When Lyman Beecher had read Webster's reply to Hayne, he turned to a friend and exclaimed, "It makes me think of a red-hot cannon-ball going through a bucket of empty egg-shells."

From that hour patriotism rose like a flood. For two generations the reply has been to Americans what Demosthenes on the Crown was to the Athenians. Webster placed the nation above the union, made the Nation, in its constitutionally specified sphere of action, sovereign and primary, the States secondary and subordinate. He thus made possible a world-wide victory for free institutions, by which, to-day, democracy and self-government are making thrones totter and tyrants tremble, and giving us the assurance that no government is so stable as a government conceived in liberty and dedicated to the proposition that all men are free and equal. Webster made logical use of "government of the people, by the people, and for the people." The soldiers of Gettysburg exhibited their willingness to defend such a government, to live for free institutions, and if necessary to die for them.

Now that long time has passed, Southerners and Northerners alike concede that Calhoun made three mistakes. He fought against progress and civilization that has destroyed slavery on moral grounds. He also failed to see that slavery was the worst possible system of production, for if the South produced under slavery 4,000,000 bales of cotton in 1861, now that the coloured man is free she produces 15,000,000 bales of cotton per year. His theory of the right of the minority as a sovereign right of secession has broken down at the bar of civilization. If South Carolina or any State has the right to withdraw, whenever the majority of other States outvote it, it means that the minority always has a right to disobey the majority, which means not simply the withdrawal of the one State from the many States, but later, the withdrawal of a few counties from a majority of the counties in that State, giving an endless series of confusions. If any single doctrine is established among civilized nations to-day it is this one, under democratic institutions—the right of the majority to rule.

Three years later Webster once more marked out the basis of the North's position for all time in a debate with Calhoun himself. Without the magnificent flights of eloquence which distinguished the Reply to Hayne, this speech of February 16, 1833, was filled with close and powerful reasoning. Once and for all he maintained: