reignty making an exception out of sovereignty, and thereby forming a sovereignty, which, if resisted, can coerce and destroy sovereignty. Obviously, the excepted sovereignty must have supremacy and coercive power. So we find these gentlemen, and the World, agreeing with Webster, in his great speech of 1833, that so far, State sovereignty is effectually controlled;" and with Lincoln, who said-States are counties of the nation, as well as with the Philadelphia convention, that the "Government" "has absolute supremacy," and holds "the States in allegiance." And, indeed, they can all stand with Professor Jameson, who concedes "that the States are sovereign, except in so far as they " are not; and that so far as they are not, "State sovereignty is effectually controlled!" It is amusing to find the extreme advocates of antagonistic theories occupying the same ground. Is Grant's prayer to be answered? The truth is, our State-rights men do not clearly understand their own platform. They forget that there is nothing to distinguish our States from the States or nations of public law; that the constitution makes no distinction between our States and "foreign States," but recognizes their sameness of character and descriptionas we have seen; that the possession of sovereignty (which, in nature, is indivisible and absolute), is the only thing that distinguishes a State or nation from a province, colony, satrapy, county, municipality, or other subdivision or dependence of a State or nation; that if sovereignty is out of our States, they are (and ought to be called), united provinces or united counties, instead of united States; and, finally, that if they are under a sovereignty that can control them, they have gone back to where they were, under Britain, for then the will of the political body now called a State, was dominated by an outside sovereignty; and taxation without representation of any given State is as rightful and practicable now as it was then. Are we united provinces or colonies again? One of these advocates (the World,) happily affords us the reductio ad absurdum, by saying we have a "national sovereignty," and that the States have "no sovereignty, except as to their reserved rights." It also says, with Lincoln, that the only rights of the States are reserved in the constitution, by this "national sovereignty." Of course this paramount authority can judge what they are, and decide pro or con as to their continuance. reignty" must be able to do this, and enforce its decree! This answers to the very consolidation our fathers strove to avoid. Having gone thus far, pari passu with Mr. Lincoln, The World should have joined him in his climax. “In what, on principle is a State better than a county?" 66 Sove We conclude with a few remarks on another apparent error of Mr. Stephens. He generally treats of the States as possessing undivided sovereignty, but seems to concede that it might have been, though it was not, alienated or divided; and, in one place, he distinctly degrades it to a power, or the sum of powers, that could be surrendered or reserved. Was not sovereignty, says he, most clearly retained and reserved to the people of the several states, in that mass of residuary rights, . . . which was clearly reserved in the constitution itself? It is true, it was not so expressly reserved in the constitution at first, because it was deemed . . . wholly unnecessary. . . . But to quiet the apprehensions of Patrick Henry, Samuel Adams, and the Conventions of a majority of the States, this reservation of sovereignty, was soon after put in the constitution." And to prove that this sovereignty was reserved in the constitution, to the States, he quotes the amendment, declaring that "the powers not delegated are reserved to the States." [p. 489, et seq.] Sovereignty, which is thus grossly degraded, can be nothing less than the life and soul of the State, in point of importance. It is an essential characteristic, and is neither the subject nor the result of any acknowledgment, agreement, guaranty or reservation; but when in the war for independence, the force of the colonies prevailed, sovereignty came to exist in each of them as a new-born soul—an adamantine, eternal fact, which the words of George III. or the federated States no more produced, than their confession could have produced Truth or God! The most of our statesmen seem unable to distinguish between "sovereignty" and its "powers." It is evident that these are no part of sovereignty, for all possible "powers" of government may be delegated, and sovereignty remain intact. Sovereignty and ownership are sufficiently analogous for the latter to throw light on the former. One who has ownership, has the absolute right of control and disposal-the jus disponendi. This includes all the powers required for its exercise. If the owner delegate "powers" to manage, improve, repair, rent, lease, mortgage, or sell, his ownership remains intact, and the agent neither has, nor exercises it. So with sovereignty it is, so to speak, the ownership of all persons and things subject to it, or it is like an owner's dominion over them; and after delegating a thousand "powers," (of government, etc.) it is undiminished. England has a myriad of agents, with "powers," in every part of the globe, while her sovereignty is always at home. Sovereignty sent, but did not accompany, the victorious armies of the Crimea. So in our country sovereignty sends "substiutes and agents" with "powers" to govern, but remains quietly at home. That the general government" has only "powers," the constitution everywhere shows. Is it wrong then to say that sovereignty is the soul of a State? This political body was the only fit receptacle for such soul, and the solemn record shows that it did enter and dwell therein. The two were vitally joined. Have they been put asunder? If yea, when? Finally, it seems to us to be unquestionable, that our States are absolutely sovereign republics; only self-bound in a purely voluntary association, which is solely motived by amity and mutual interest; and that the federal contrivance is their instrumentality for self-government and self-protection is their creation lives solely with their life, and acts solely with their powers — and must ever be subject to their "supreme law," and, à fortiori to themselves. INDEX. A. ABSOLUTE SUPREMACY. Claim of, by the Leaves but the mere forms of institutional Dicta of its assertors, 295, 296, 300-313, 360, Formula according to the "school," 297 Those who make the claim, 298, 303, 368. Enslavement of the States under color of, The claim of, unconstitutional and treason- ADAMS, J. Q. Fallacy respecting the Declar- The people retain the dissolving as well as The true tie of union, 427, 430. States have the right to secede, 330. Palladium of the citizen's rights, id., id. Fears losing State sovereignty - Letter to R. Accepts Gov. Hancock's "conciliatory propo- Says amendment X. secures State sovereign- Distinction between Federal powers and sov- Consolidation reprobated by the highest Federal governments, 9-11, 37, 285, 311, Agents and depositories, all governments, 10, Agents, substitutes, and servants, 9-12, 61, ALLEGIANCE. The State the only object of, 34, 35, 339, 394, 398 et seq Voluntary in a republic, 281, 282. ALLEGIANCE - continued. To a national government not provided for; Due by each to all, 352. Claim of, by the general government, false, Declarations and claims of, only by States, Testimony of the States, 61-64, 400, 401. Obligations of Federal officials, 401, 402. And protection, 56, 414. ginia, 415, 416. Testimony of Vir- Transfer of, a dissolution of the State, 56, Voice of the old Bay State, 417, 418. Articles of the early faith, 34, 35, 419, 420. AMEND. States alone have the right, 57, 141, What the right necessitates, 57, 152, 286, 325, Right to, involves right to abolish, 286, 325, Is exercised functionally, 286, 328. Article first Federal Constitution, 46, 86. Scope and effect of this amendment, id. The "conciliatory propositions" of the fed- Their adoption by States provided for in the A view of the early and later, 326, 327. What amendment X. imports of the States The 11th, and the agitation which led to its AMES, FISHER. Questions of patriotism and Union composed of sovereignties, 47, 876, 877. AUTHORITY. Sovereign, of the State the Grades of, according to "the school," 297 Grades of State and Federal, 300, 301 (Illus- States the source of all, 29, 301, 302 [Dia- Exposition and summary as to grades, 303, Highest of all human, 329. Of the general government, delegative and The fathers aimed to guard against a danger- CABOT, GEORGE. C. The union of sovereign Consolidation of the States inadmissible, 81. CALHOUN, JOHN C. Resolution declaring CASS, GEN. LEWIS. And squatter sover- CHANGE. From agency to sovereignty by From the first to the second Federal Consti- By usurpation threatens us, 334. The alleged, from federation to another sys- seq. "CHECKS AND BALANCES." one of, 13, 144, 145 (Illustration), 363. CITIZENS. Citizen. Collectively are the State, Govern and are governed, 28, 29, 282, 295 Parties to the social compact, id., 281 at Dual capacity, 28, 295. Endowed with suffrage by the community, As members of the political community, 28, One cannot commit treason in obeying the Allegiance of each is to his State, 30, 56, 363, Are subjected to the Federal judiciary by their As sharers of sovereignty, 60, 151. 244, 378. Supreme Court ignores dual capacity of, 296. Legal and political duties of, 380, 381. Each one an integral part of his own Com- The tie that binds the, to obey, 424. The transfer of would dissolve the State, 56, Delegating of powers not a transfer of, 310, President Jackson's mistake, id., id., id. Of a national government never provided for, Of States never transferred, id., id. The "uniform rule of naturalization," 898, Congress assumption of the naturalizing Testimony of the States, 399, 400. The official oath required by the States, 401, COMMONWEALTH CITIZENSHIP — continued. Massachusetts' declaration, 417, 418. Vermont and Kentucky testify, 418, 419. CLINTON, GEORGE. Letter explaining the COERCION. No constitutional authority for, The only basis of, 23, 24. Of States rightful under the jus gentium, 24 Not inconsistent with the Constitution, 25, Of citizens, the aim of the Commonwealths, Of States excluded from the system, 177, 178, Why kept out of the Constitution, 299. The question, in the Federal convention, id. Of a State is war, 384, 385. By the general government is treasonable, To avoid, of States, the great aim of the Crowning proof, id. Associate to gain independence, 4, 276. George III. acknowledged them sovereign Their union for independence; impelling COMMONWEALTH. Attacked by her own and Synonymous with State, "independent body The absolute existence of the American, 57. They ratified and gave the government ex- The union an association of Commonwealths, They are the source of all power, 144, 145, Their distributed powers, 181. As a sovereign, 278, 282, 283. Political sovereignty of, 294, 295. Increase of the American Commonwealths; -- continued. Subjugation of, 297. Self-organized and self-governing, 301, 302 Agents of each and all jointly compose the Repository and distribution of powers, 310, The organized, sovereign people, 322, 323. vs. Government; historical illustrations of Existence of former not involved in a change Obligations to the, rest on voluntary engage- COMMUNITIES. The people as sovereign (Il- Sovereign political (c.) in convention of, 1787, "COMPACT, CONSTITUTIONAL." Webs- The language of the fathers, 205, 206, 207. States form federation by, 22, 57, 124, 125, Obligations of, on citizens, 29, 30, 57, 125, Declares citizens remained citizens of different Only possible result was a, 137. And the compact of Confederation, 144, 145, States the only parties to, 153, 154, 155. Ordinances of ratification prove the establish- Required States to ordain, 153, 169, 170. Testimony of the Fathers on, 202, 203, 204 et The alleged sectional equilibrium and, 208, Was not a second social compact, 288 et seq. Coercion of the States a dissolution of, 383. COMPACT, SOCIAL. Imported theory of, 18, State formed by, 22, 28, 29, 278 et seq., 339, Sole cohesive force of a republic, 56, 266. As exhibited in Pennsylvania, 281 et seq. 291. Is the germinal idea of the republic, 292. |