The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
bodies, however sovereign, are yet not sovereign over the people. So
far as the people have given power to the general government, so far
the grant is unquestionably good, and the government holds of the
people, and not of the State governments. We are all agents of the
same supreme power, the people. The general government and the State
governments derive their authority from the same source. Neither can,
in relation to the other, be called primary; though one is definite
and restricted, and the other general and residuary.
"The national government possesses those powers which it can be shown
the people have conferred on it, and no more. All the rest belongs to
the State governments, or to the people themselves. So far as the
people have restrained State sovereignty by the expression of their
will, in the constitution of the United States, so far, it must be
admitted, State sovereignty is effectually controlled. I do not
contend that it is, or ought to be, controlled further. The sentiment
to which I have referred propounds that State sovereignty is only to
be controlled by its own 'feelings of justice;' that is to say, it is
not to be controlled at all; for one who is to follow his feelings, is
under no legal control. Now, however men may think this ought to be,
the fact is, that the people of the United States have chosen to
impose control on State sovereignties. The constitution has ordered
the matter differently from what this opinion announces. To make war,
for instance, is an exercise of sovereignty; but the constitution
declares that no State shall make war. To coin money is another
exercise of sovereign power; but no State is at liberty to coin money.
Again, the constitution says, that no sovereign State shall be so
sovereign as to make a treaty. These prohibitions, it must be
confessed, are a control on the State sovereignty of South Carolina,
as well as of the other States, which does not arise 'from feelings of
honorable justice.' Such an opinion, therefore, is in defiance of the
plainest provisions of the constitution."
Mr. Webster proceeded to investigate the South Carolina doctrine as it was
then termed; he referred to the resolutions of Pennsylvania and Kentucky
declaring the tariff laws constitutional, while in South Carolina the same
laws were declared to be a palpable, deliberate usurpation of power by
Congress; and in speaking of the absurdity of allowing each State to
decide in such cases, he said:
"If there be no power to settle such questions, independent of either
of the States, is not the whole Union a rope of sand? Are we not
thrown back again precisely upon the old confederation?
Public-domain text, read in full here on John Shaqi.
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