The close consideration of all these facts, we feel persuaded
will give a coloring to some of the most important interests of
the country, differing essentially from those that have been
loosely adopted in the conflicts of parties, and many heresies
appear to us to have crept into the political creed of the
Republic, purely from the struggles of faction. When men have a
specific and important purpose in view, it is but natural they
should bend most of its collateral connections to the support of
their own objects. We conceive that the Constitution has thus
been largely misinterpreted, and they who live at the epoch of
the renowned "equilibrium" and of the "rights of the people of
the Sovereign States," will have seen memorable examples of the
truth of this position.
The first popular error, then, that we shall venture to assail,
is that connected with the prevalent notion of the sovereignty of
the States. We do not believe that the several States of this
Union are, in any legitimate meaning of the term, sovereign at
all. We are fully aware that this will be regarded as a bold, and
possibly as a presuming proposition, but we shall endeavor to
work it out with such means as we may have at command.
We lay down the following premises as too indisputable to need
any arguments to sustain them: viz., the authority which formed
the present Constitution of the United States had the legal power
to do so. That authority was in the Government of the States,
respectively, and not in their people in the popular
signification, but through their people in the political meaning
of the term, and what was then done must be regarded as acts
connected with the composition and nature of governments, and of
no minor or different interests of human affairs.
It being admitted, that the power which formed the government,
was legitimate, we obtain one of the purest compacts for the
organization of human society that probably ever existed. The
ancient allegiance, under which the Colonies had grown up to
importance, had been extinguished by solemn treaty, and the
States met in Convention, sustained by all the law they had and
backed in every instance by institutions that were more or less
popular. The history of the world cannot, probably, furnish
another instance of the settlement of the fundamental compact of
a great nation under circumstances of so much obvious justice.
This gives unusual solemnity and authority to the Constitution of
1787, and invests it with additional claims to our admiration and
respect.
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