Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-16


sovereign States the mere effect of theoretical
and artificial mode Of reasoning upon the subject
mode Of reasoning which dlsregards plain facts
for the sake Of hypo'hei'?
Mr. President, the nature of sovereignty, or
sovereign power, has been extensively discussed
by gentlemen on this occasion. as it generally u.s.
when the origin OF our Government is debated.
But confess myself not entirely satisfied with ar
guments and illustrations drawn from that topic.
The sovereignty of Government is an idea be-
longing to the other side of the Atlantic. No
such thing is known in North America. Our Go
vernments are all limited. In Europe sovereign
" is of feudal origin, and imports no more than
| the state OF the sovereign. 1t comprises his
rights, duties, exemptions, prerugatives, and pow.
ers But, with US, power is with the People.
They, alone, are sovereign; and they erect what
Governments they please, and confer on them
such powers as they please. Nune of these Co.
yern,nents is sovereign. in the European sense of
the word, all being restrained bv written consti.
tutions 1t seems to me, therefore, that we only
perplex ourselves when we attempt to explain
the relations existing between the General Go
vernment and the several State Governments. &C
cordins to those ideas Of sovereignty, which pre-.
vail under systems essentially different from our
own.
But, sir, to return to the constitution itself,
let me inquire what it relies upon for its own con-
tinuance and support. Ihear it often suggested
that the States, by refusing to appoint Senators
and Electors, might bring this Government to an
end Perhaps that IS true. but the same may be
said Of the State Governments themselves. Sup
pose the Legislature Of a State, having the pow
err to appoint the Governor and the Judges. should
omit that duty; would not the State Government
remain unorganized! No doubt, all elective Go.
vernmens may be broken up by general aban.
Comment. on the part of those entrusted with po
lticai powers. Of their appropriate duties. But
one popular Government has. in this respect, as
much security as another The maintenance OF
this constitution does not depend on the pgh,ed
faith Of the States, as States, to support it; and
this again shows that il is not league. 1t re-
lies Oh individual duty and obligation.
The constitution of the United States creates
direct relations between tins Government and
individuals. This Government may punish indi
viduals for treason, and all other crimes in the
code, when committed against the United States.
1t has power. also, to tax individuals, in any
mode. and to any extent; aud it possesses the
further power of demanding from individuals
military service. Nothing, certainly, can more
clearly distinguish a Government from contede
ration Of States. than the possession Of these pow
ers. No closer relations can exist between indI.
viduals and any Government
On the other hand. the Government owes high
and solemn duties to every citizen OF the coun-
try tits bound to protect him IN his most i'm
portant rights and interests. 1t makes war for
his protect on. and no other Government IN the
country can make war. 1t makes peace for his
protection, and no other Government can make
peace. 1t maintains armies and navies for his
defence and security, aud no other Government
is allowed to maintain them. He goes abroad
beneath its hag, and carries over all the earth a
national character parted to him by this Go
vernment, and which no other Government can
impart. In whatever relates to war, TO peace, to
commerce. he knows no other Government. All
these, sir, are connexions as dear and as sacred
as can bind individuals to any Government on
earth. Ii is not, therefore, compact between
States. but a Government proper. operating d.
rectly upon individuals. yielding 10 them protrc.
ton on one hand, and demanding from them ODE
dience ON the other.
There is no language in the whole constitution,
applicable tOa confederation Of States. If the
States be parties, as States. what are their rights
and what their respective covenants and stpula-
TONS? And where are their rights, covenants,
and stipulations expressedl The States engage
for nothing, they promise nothing. In the arti
cles Of confederation they did make PROMISES
and did enter into engagements, and did plight
the faith Of each State for their tultilm-nt: but,
in the constitution there is nothing Of that kind.
The reason is, that, in the constitution It is The
People who speak, and not the States. The PEG.
pie ordain the Constitution, and therein address
themselves to the States. and to the Legislatures
Of the States. IN the language Of Injunction and
prohibition. The constitution uttsrs its behests
IN the name aud by the authority of the People,
and 1t exacts not from Safes any plighted public
faith to maintain il. On the contrary. Il makes
its avn preservation depend IN individual duty
aud individual oblisati"u. Sir. the Sa'es can
not omit to appoint Senators aud Electors. Its
not a matter resting IN State discretion or State
pleasure. fhe constitution has taken better care
Of its own preservation hays its-hand on IN.
dividual conscience. and individual duty. 1t in.
capacitates any man to SIT IN the Legislature Of
State, who shall not first have taken a solemn
oath to support the constitution sf the United
States. From the obligation of this oath no State