American Eloquence, Volume 1: Studies In American Political History (1896)
History
American Eloquence, Volume 1: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
This leads us to inquire into the origin of this government and the
source of its power. Whose agent is it? Is it the creature of the State
Legislatures, or the creature of the people? If the Government of the
United States be the agent of the State governments, then they may
control it, provided they can agree in the manner of controlling it; if
it be the agent of the people, then the people alone can control it,
restrain it, modify, or reform it. It is observable enough, that the
doctrine for which the honorable gentleman contends leads him to the
necessity of maintaining, not only that this General Government is the
creature of the States, but that it is the creature of each of the
States, severally, so that each may assert the power for itself of
determining whether it acts within the limits of its authority. It is
the servant of four-and-twenty masters, of different wills and different
purposes, and yet bound to obey all. This absurdity (for it seems no
less) arises from a misconception as to the origin of this government
and its true character. It is, sir, the people's Constitution, the
people's government, made for the people, made by the people, and
answerable to the people. The people of the United States have declared
that this Constitution shall be supreme law. We must either admit the
proposition, or deny their authority. The States are, unquestionably,
sovereign, so far as their sovereignty is not affected by this supreme
law. But the State Legislatures, as political bodies, however sovereign,
are yet not sovereign over the people. So far as the people have given
power to the General Government, so far the grant is unquestionably
good, and the Government holds of the people, and not of the State
governments. We are all agents of the same supreme power, the people.
The General Government and the State governments derive their authority
from the same source. Neither can, in relation to the other, be called
primary, though one is definite and restricted, and the other general
and residuary. The National Government possesses those powers which it
can be shown the people have conferred on it, and no more. All the rest
belongs to the State governments, or to the people themselves. So far as
the people have restrained State sovereignty by the expression of their
will, in the Constitution of the United States, so far, it must be
admitted, State sovereignty is effectually controlled. I do not contend
that it is, or ought to be, controlled farther. The sentiment to which I
have referred propounds that State sovereignty is only to be controlled
by its own "feeling of justice"--that is to say, it is not to be
controlled at all, for one who is to follow his own feelings is under no
legal control. Now, however men may think this ought to be, the fact is
that the people of the United States have chosen to impose control on
State sovereignties. There are those, doubtless, who wish they had been
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