The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1864-02-12
Edward Everett on Estate Sovereignty
and Reserved Rights"

In the great address Of Edward Everett at
the conservation of the National Cemetery at
Gettysburg on the 10th, he held the follow
ing language on . subject In which all are in
terested -
.But to hide the deformity of the crime un-
der tho cloak Of that sophistry which makes
the worse appear tho better reason, we are told
by the leaders Of the rebellion that In our COM
plex system of government, the separate States
are "Soyereign,'' and that the central power Is
only IN 'agency" established by these Soycr
eigns to manage certain affairs, which they
could not sooonyeniently administer themselves.
II happens unfortunately for this theory that
the Federal Constitution (which has been adop-
ted by the people of every State Of the Union,
% much as their own State Constitutions have
been adopted, and Is declared to be paramount
to them) no where recognizes the States as
"Soyercigns, ;" in fact that by their names, 1t
docs mot recognize them at oil; while the au-
thority established By thnt instrument Is recog-
nized In its text, not rs agency" but as the
government of the United States.
BY that Constitution, moi cover, which pur-
ports In It's preamble, to DO ordained and es-
tablisheI By the People Of the United States, -
Il Is expressly provided, "that the members 0f
the State Legislatures and all the executive OIL
GERS shall DO bound by oath or animation to
support the Constitution" Now 1t is COM
mon thing, under all governments, tor an agent
TO be bound by oath to be faithful to his SOW
ercign, but never heard before Of sovereigns
being bound by oath to be faithful to their
agency.
Certainly do not deny that tho separate
States are clothed with sovereign powers for the
administration of local affairs. IL Is one OF the
most beautiful features Of our mixed system OF
government but 1t Is equally true that, In
adopting tho Federal Constitution, the States
abdicated by express renunciation, all the most
important functions Of National Sovereignty
and by one comprehensive self-denying clause,
gave up NIL right to contravene the Constitu-
ton Of the United States.
Specifically, and by enumeration, they re-
nounced oil the most important prerogatiyes OF
Independent States, for peace and for war the
right to keep troops or ships-of-war In time OF
peace, or to engage In war unless actually in
vaded; to enter into compact with another
State or foreign power to lay any duty on
tonnage, or any impost on exports or imports
without the consent of Congress to enter into
any treaty. alliance or confederation to- grant
letters of marque and rcprisal, and to emit bills
of credit while all these powers and many 9th.
ers arc expressly vested In the general Govern
mcnt. To ascribe to political communities,
thus limited in their Jurisdiction, n,-who cannot
even establish q post-office on their own s0il,--
the character OF Independent sovereignty, and
to reduce national organization, clothed with
all the transccndent powers Of government, to
the name and condition Of an "agency" of the
States, proves nothing but that the logic OF Sc
ccssion is on par with its loyalty and pat
riotism.
Oh, but "the reserved rights !" And what
of the reserved rightsi The tenth amendment
of the Constitution supposed to provide for
Preserved rights" Is constantly misquoted.-
By that amendment, 1.-THE polcers not delega-
ted to the United States nor prphibited by II to
the States are reserved to the States respective
ly or to the People," The "powers" reserved
must of course DC such rs could have been but
were not prohibited to the States; but to speak
of the right of m individual State to secede.
rs poper that could have been though 1t was
not delegated to the United States is simple
But waving. this obvious absurdity, can II
need serious argument To prove, that there
can be no State right to enter into new con-
federation reserved In Constitution which eX-
pressly prohibits State Ito enter into any
treaty, alliance, or confederation" or any
agreement or compact with another State or
q foreign power?"
To say that the State may, by cnacting the
preliminary farce of secession, acquire the
right to do the prohibited thngs;--to say, for
Constitution, delegated to the United States,
and prohibited to themselves, the power Of de.
clarng war, there was by implication reserved
TO each State tho right Of seeding and then
declaring war; that though they expressly
prohibited 10 the States, and delegated to the
United States, the entire treaty-making power
they reserved by implication. for an express
!, r,servation is not pretended. to the individual
States, to Florida for instance, the right to
seccde and then to make q treaty with Spain
retro-ceding that Spanish colony and thus sur
to q foreign power the key t. the
gulf Of Mexico-to maintain propositions like
these. with whatever affected seriousness It Is
done, appears to mo egregiously trifling.
Pardon me my friends, for dwelling on these
wretched sophistries. But II Is these which
conducted the armed hosts of rebellion to your
doors ON the terrible and glorious days OF Ju.
ly, and which have brought upon the whole
land the scourge Of an aggressive and wicked
war,-a war which con have no other termina-
ton compatible with the permanent safety and
welfare Of the country, but the complete de-
struction Of the military power Of the enemy.
have, on other occasions, attempted to show
that to yield to his demands and acknowledge
his independence, thus resolving the Union ut
once into TWO nOSttle BONcTntuents, WIN CeC-
tainty Of further disntegration, would annihi-
late the strength and the influence Of the coun-
try, as q member Of the family Of nations;
afford to foreign powers the opportunity and
the temptation for disastrous and humiliating
interference in our affairs; wrest from the mid
die and western States some of their great na-
tural outlets to the sea, and OF their most inn
portant lines Of internal communication; de-
prive the commerce and navigation Of the coun-
try of two thirds Of our sea coast and Of tho
fortresscs which protect it;-not only 30, but
would enable each individual State, some OF
them with white population equal 70 ., good
sized Northern County,--or rather thS}domi-
nant party In each State, To cede its te fitory,
It's harbors, its fortresses, the mout of Its
rivers, to any foreign power. Il c9hnpt be
that the people of the loyal Staies-tiiat tCen-
ty-two millions of brave and prosperous free
meu,-will, for the temptation Of brief truce
is an eternal border war, consent to this hide
Gus national suicide.