American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
The power is "to admit new States into this Union," and it may be safely
conceded that here is discretion to admit or refuse. The question is,
what must we do if we do anything? What must we admit, and into what?
The answer is a State--and into this Union.
The distinction between Federal rights and local rights, is an idle
distinction. Because the new State acquires Federal rights, it is not,
therefore, in this Union. The Union is a compact; and is it an equal
party to that compact, because it has equal Federal rights?
How is the Union formed? By equal contributions of power. Make one
member sacrifice more than another, and it becomes unequal. The compact
is of two parts:
1. The thing obtained--Federal rights. 2. The price paid--local
sovereignty.
You may disturb the balance of the Union, either by diminishing the
thing acquired, or increasing the sacrifice paid.
What were the purposes of coming into the Union among the original
States? The States were originally sovereign without limit, as to
foreign and domestic concerns. But being incapable of protecting
themselves singly, they entered into the Union to defend themselves
against foreign violence. The domestic concerns of the people were not,
in general, to be acted on by it. The security of the power, of managing
them by domestic legislature, is one of the great objects of the Union.
The Union is a means, not an end. By requiring greater sacrifices
of domestic power, the end is sacrificed to the means. Suppose the
surrender of all, or nearly all, the domestic powers of legislation were
required; the means would there have swallowed up the end.
The argument that the compact may be enforced, shows that the Federal
predicament changed. The power of the Union not only acts on persons or
citizens, but on the faculty of the government, and restrains it in a
way which the Constitution nowhere authorizes. This new obligation takes
away a right which is expressly "reserved to the people or the States,"
since it is nowhere granted to the government of the Union. You cannot
do indirectly what you cannot do directly. It is said that this Union
is competent to make compacts. Who doubts it? But can you make this
compact? I insist that you cannot make it, because it is repugnant to
the thing to be done.
The effect of such a compact would be to produce that inequality in the
Union, to which the Constitution, in all its provisions, is adverse.
Everything in it looks to equality among the members of the Union. Under
it you cannot produce inequality. Nor can you get before-hand of the
Constitution, and do it by anticipation. Wait until a State is in the
Union, and you cannot do it; yet it is only upon the State in the Union
that what you do begins to act.
Public-domain text, read in full here on John Shaqi.
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