Year: 1865

stitution is the work of "the People
of the United Statcs," and it should
be as indestructiblc as the people.


1t is not strange that the trainers OF
the Constitution, which had no model
in the past, should not have fully CON-
pretended the excellence of their own
work. Fresh from struggle against
arbitrary power, many patriots suffer
ed from harassing fears of an absorp-
tion of the State Governments by the
General Government, and many from
n dread that the States would break
away from their orbits. But the very
greatness of our country should allay
tho apprehension of encroachments
by the General Governments. The
subjects that come unquestionably
within its jurisdiction are SO numer-
GUS, that it must ever naturally refuse
to be embarrassed by questions that
lie beyond it. We're it otherwise, the
Executive would sink beneath the
burden; the channelsof justice would
be choked; legislation would be OBJ
structcd by excess; so that there is q
greater temptation to exercise some
Of the functions Of the General Gov
crnment through the States than to
trespass on their rightful sphere.
"The absolute acquiescence in the de-
cisions of the majority" was, at the
beginning of the century, enforced
by Jefferson "as the vital principle OF
republics" and the events Of the last
four years have established, we will
hope forever, that there lies no appeal
to force.


Tho maintenance of the Union
brings with it "the support of the
State Governments in all their rights"
but it is not one of the rights of any
State Government to renounce its own
place in the Union, or to nullify the
laws of the Union. The largest lib
erty is to be maintained in the discus
sion of the acts of Federal Govern
ment; but there is no appeal from its
laws except to the various branches
of that Government itself, or to the
people, who grant TO the members of
the Legislative and of the Executive
Departments no tenure but q limited
one, and in that manner always retain
the powers Of redress.


The sovereignty of the State " is
the language Of the Coniederacy, and
not the language of the Constitution.
The latter contains the emphatic
words: Tho Constitution, and the
laws of the United States which shall
be made in pursuance thereof and all
treaties made or which shall be made
under the authority of the United
States, shall be the supreme law OF
tho land; and the judges in every
State shall be bound thereby, any
thing In the con5ttdCici1e of' -ln7-e- Il
any State to the contrary notwlth-
standing


Certainly tho Government of the
United States is limited government
and so is every State government a
limited government. With us, this
idea Of limitation spreads through
every form of administration, general
State, and municipal, and rests on the
great distinguishing principle OF the
recognition of the rights of man
The ancient republics absorbed the
individual in the State, prescribed his
religion, and controlled his activity
The American system rests on the as
sortion of the equal right Of every man
to life. liberty, and the pursuit OF hap
piness; to freedom of conscience, to tho
culture and exercise Of all his facul'
ties. As n consequence, the State
Government is limited, as to the Gen
cral Government in the interest o.
Union, as to the individual citizen IL
the interest of freedom.


States, with proper limitations o
power, are essential to the existence
of tho Constitution of the Unitec
States. At the very commencement
when we assumed n place among the
Powers of the earth, the Dcclara.
ton of Independence was adopted BY
States so also were the Articles o
Confederation and when tho Peo
plo of the United States" ordained
and established the Constitution, i
was tho assent of tho States, one by
one, which gave it vitality. In th'
event, too, of any amendment to tb'
Constitution the proposition Of Con
gross needs tho confirmation OF th'
States without States, ono grea
branch of the Legislative govcrnmen
would be wanting And, If we lool
beyond he letter of tho Constitution
to tho character of our country, IL
capacity for comprohending within il
Jurisdiction vast continental ompir
Is duo to the system Of States. The
best security for the perpetual exis
tonco of the States is tho "suprom


authority of tho Constitution OF tn


United States, The perpctuity Of tn


Constitution brings with it tho per
potuity of tho States; their mutua
relation makes us what we arc, M,
in our political system their conncc
ton is indissolublc, Tho whole car
not exist without the parts, nor th


parts without tho whole. So long n


tho Constitution of tho United State
cndurcs, the States will endure; th


destruction of ono is the destruction &


tho other; tho preservation Of th


one is tho preservation of tho other.