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
absurd, as it was adopted by the very authority which adopted the
constitution itself. They also tell us that the Supreme Court is the
appointed arbiter of all controversies between a State and the General
Government. Why, then, do they not leave this controversy to that
tribunal? Why do they not confide to them the abrogation of the
ordinance, and the laws made in pursuance of it, and the assertion of
that supremacy which they claim for the laws of Congress? The State
stands pledged to resist no process of the court. Why, then, confer on
the President the extensive and unlimited powers provided in this bill?
Why authorize him to use military force to arrest the civil process of
the State? But one answer can be given: That, in a contest between the
State and the General Government, if the resistance be limited on both
sides to the civil process, the State, by its inherent sovereignty,
standing upon its reserved powers, will prove too powerful in such a
controversy, and must triumph over the Federal Government, sustained by
its delegated and limited authority; and in this answer we have an
acknowledgment of the truth of those great principles for which the
State has so firmly and nobly contended. * * *
Notwithstanding all that has been said, I may say that neither the
Senator from Delaware (Mr. Clayton), nor any other who has spoken on the
same side, has directly and fairly met the great question at issue: Is
this a Federal Union? a union of States, as distinct from that of
individuals? Is the sovereignty in the several States, or in the
American people in the aggregate? The very language which we are
compelled to use when speaking of our political institutions, affords
proof conclusive as to its real character. The terms union, federal,
united, all imply a combination of sovereignties, a confederation of
States. They never apply to an association of individuals. Who ever
heard of the United State of New York, of Massachusetts, or of Virginia?
Who ever heard the term federal or union applied to the aggregation of
individuals into one community? Nor is the other point less clear--that
the sovereignty is in the several States, and that 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? In spite of all that has been said, I maintain that sovereignty
is in its nature indivisible. It is the supreme power in a State, and we
might just as well speak of half a square, or half of a triangle, as of
half a sovereignty. It is a gross error to confound the exercise of
sovereign powers with sovereignty itself, or the delegation of such
powers with the surrender of them. A sovereign may delegate his powers
to be exercised by as many agents as he may think proper, under such
conditions and with such limitations as he may impose; but to surrender
any portion of his sovereignty to another is to annihilate the whole.
Public-domain text, read in full here on John Shaqi.
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