to etiquette had been the only obstacle to my support to the
bill, it would have been readily given; for it is the substance, and
not the shadow, which weighs with me. The difference between the two
bills is rendered important by its involving a constitutional
question.

It is my misfortune, for such I certainly esteem it, to differ from
the other branch of the legislature on that question; were it a
difference of opinion on the expediency of a measure, it might
readily be obviated, as being entirely free, or at least I hope so,
from pride of opinion. My disposition is to meet, by mutual
concession, those with whom I am in the habit of acting; but when a
principle of the constitution is involved, concession and compromise
are out of the question. With one eye on the sacred charter of our
liberties, and the other on the solemn sanction under which I act
here, I surrender myself to the dictates of my best judgment (weak
enough God knows), and fearlessly pursue the course pointed out by
these guides. My regret is certainly greatly lessened by the
reflection that there is no difference of opinion with any one on
the propriety of executing the treaty with good faith--we differ
only as to the manner in which our common purpose shall be effected.

The difference between the friends of the bill, and those opposed to
it is, as I understand it, this: the former contend, that the law of
Congress, discriminating between American and British tonnage, is
not abrogated by the treaty, although its provisions conflict with
the treaty, but that to effect its repeal, the bill in question, a
mere echo of the treaty, must pass; the latter, among whom I wish to
be considered, on the contrary say, that the law above alluded to
was annulled upon the ratification of the treaty. I hope I have
succeeded in stating the question fairly, for that certainly was my
wish, and it is also my determination to discuss it in the same
spirit.

This, then, is the issue which is made up between the friends and
the opponents of the bill; and although in its practical effects I
cannot believe it would be of consequence which way it is decided,
yet, as the just interpretation of the constitution is the pivot on
which it turns, from that consideration alone the question becomes
an interesting one.

Fortunately for us we have a written constitution to recur to,
dictated with the utmost precision of which our language is
susceptible--it being the work of