It is a provision which says, that no State may be deprived of
its equal representation in the Senate, without its own consent.
It might well be questioned whether this provision of the
Constitution renders a Senate indispensable to the Government.
But we are willing to concede this point and admit that it does.
Can the vote of a single State, which is one of a body of thirty,
and which is bound to submit to the decision of a legal majority,
be deemed a sovereign vote? Assuming that the whole power of the
Government of the United States were in the Senate, would any one
State be sovereign in such a condition of things? We think not.
But the Senate does not constitute by any means the whole or the
half of the authority of this Government; its legislative power
is divided with a popular body, without the concurrence of which
it can do nothing; this dilutes the sovereignty to a degree that
renders it very imperceptible, if not very absurd. Nor is this
all. After a law is passed by the concurrence of the two houses
of Congress it is sent to a perfectly independent tribunal to
decide whether it is in conformity with the principles of the
great national compact; thus demonstrating, as we assume, that
the sovereignty of this whole country rests, not in its people,
not in its States, but in the Government of the Union.
Sovereignty, and that of the most absolute character, is
indispensable to the right of secession: Nay, sovereignty, in the
ordinary acceptation of the meaning of the term, might exist in a
State without this right of secession. We doubt if it would be
held sound doctrine to maintain that any single State had a right
to secede from the German Confederation, for instance; and many
alliances, or mere treaties, are held to be sacred and
indissoluble; they are only broken by an appeal to violence.
Every human contract may be said to possess its distinctive
character. Thus, marriage is to be distinguished from a
partnership in trade, without recurrence to any particular form
of words. Marriage, contracted by any ceremony whatever, is held
to be a contract for life. The same is true of governments: in
their nature they are intended to be indissoluble. We doubt if
there be an instance on record of a government that ever existed,
under conditions, expressed or implied, that the parts of its
territory might separate at will. There are so many controlling
and obvious reasons why such a privilege should not remain in the
hands of sections or districts, that it is unnecessary to advert
to them. But after a country has rounded its territory,
constructed its lines of defence, established its system of
custom-houses, and made all the other provisions for security,
convenience, and concentration, that are necessary to the affairs
of a great nation, it would seem to be very presumptuous to
impute to any particular district the right to destroy or
mutilate a system regulated with so much care.
Public-domain text, read in full here on John Shaqi.
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