Timms rubbed his brows, and seemed to be in some mental trouble. The
doctrine of the “Sovereign States” is so very common, so familiar in
men’s mouths, that no one dreams of disputing it. Nevertheless, Dunscomb
had a great reputation in his set, as a constitutional lawyer; and the
“expounders” were very apt to steal his demonstrations, without giving
him credit for them. As before the nation, a school-boy would have
carried equal weight; but the direct, vigorous, common-sense arguments
that he brought to the discussions, as well as the originality of his
views, ever commanded the profound respect of the intelligent. Timms had
cut out for himself a path by which he intended to ascend in the scale
of society; and had industriously, if not very profoundly, considered
all the agitating questions of the day, in the relations they might be
supposed to bear to his especial interests. He had almost determined to
come out an abolitionist; for he saw that the prejudices of the hour
were daily inclining the electors of the northern States, more and more,
to oppose the further extension of domestic slavery, so far as surface
was concerned, which was in effect preparing the way for the final
destruction of the institution altogether. For Mr. Dunscomb, however,
this wily limb of the law, and skilful manager of men, had the most
profound respect; and he was very glad to draw him out still further on
a subject that was getting to be of such intense interest to himself, as
well as to the nation at large; for, out of all doubt, it is _the_
question, not only of the “Hour,” but for years to come.
“Well, sir, this surprises me more and more. The States not
sovereign!—Why, they _gave_ all the power it possesses to the Federal
Government!”
“Very true; and it is precisely for _that_ reason they are not
sovereign—that which is given away is no longer possessed. All the great
powers of sovereignty are directly bestowed on the Union, which alone
possesses them.”
“I will grant you that, ’Squire; but enough is retained to hang either
of us. The deuce is in it if that be not a sovereign power.”
“It does not follow from the instance cited. Send a squadron abroad, and
its officers can hang; but they are not sovereign, for the simple reason
that there is a recognised authority over them, which can increase,
sustain, or take away altogether, any such and all other power. Thus is
it with the States. By a particular clause, the Constitution can be
amended, including all the interests involved, with a single exception.
This is an instance in which the exception does strictly prove the rule.
All interests but the one excepted can be dealt with, by a species of
legislation that is higher than common. The Union can constitutionally
abolish domestic slavery altogether——”
“It can!—It would be the making of any political man’s fortune to be
able to show _that_!”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account