Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“And here I would make this inquiry of those worthy characters
who composed a part of the late Federal Convention. I am sure
they were fully impressed with the necessity of forming a great
consolidated Government, instead of a Confederation. _That
this is a consolidated Government is demonstrable clear_; and
the danger of such a Government is to my mind very striking.
I have the highest veneration for those gentlemen; but, Sir,
give me leave to demand, What right had they to say, ‘_We, the
people_’?… Who authorized them to speak the language of ‘_We,
the people_,’ instead of ‘_We, the States_’?”[185]
And again, at another stage of the debate, the same patriotic opponent
of the Constitution declared succinctly,--
“The question turns, Sir, on that poor little thing, the
expression, ‘We, _the people_,’ instead of _the States_, of
America.”[186]
In the same Convention, another patriotic opponent of the Constitution,
George Mason, following Patrick Henry, said:--
“Whether the Constitution be good or bad, the present clause
clearly discovers that it is a National Government, and no
longer a Confederation.”[187]
But against all this opposition, and in face of this exposure, the
Constitution was adopted, in the name of the people of the United
States. Much, indeed, was left to the States; but it was no longer
in their name that the government was organized, while the miserable
pretension of State “sovereignty” was discarded. Even in the
discussions of the National Convention Mr. Madison spoke thus plainly:--
“Some contend that States are _sovereign_, when, in fact, they
are only political societies. The States never possessed the
essential rights of sovereignty. These were always vested in
Congress.”[188]
Grave words, especially when we consider the position of their author.
They were substantially echoed by Elbridge Gerry, of Massachusetts,
afterwards Vice-President, who said:--
“It appears to me that the States never were independent. They
had only corporate rights.”[189]
On another occasion, Mr. Madison said,--
“I hold it for a fundamental point, that an individual
independence of the States is utterly irreconcilable with the
idea of an aggregate sovereignty.”[190]
Better words still fell from Mr. Wilson, of Pennsylvania, known
afterwards as a learned judge of the Supreme Court, and also for his
“Lectures on Law”:--
“Will a regard to State Rights justify the sacrifice of the
rights of men? If we proceed on any other foundation than the
last, our building will neither be solid nor lasting.”[191]
The argument was unanswerable then. It is unanswerable now. You cannot
elevate the sovereignty of the States over the Constitution of the
United States. It would be even more odious than the early pretension
of sovereign power over Magna Charta, according to the memorable words
of Lord Coke, as recorded by Rushworth:--
Public-domain text, read in full here on John Shaqi.
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