he States enter into this new league,"
"the States form this new confederation," or "the States agree to this
new compact"? Or why was it not said, in the language of the gentleman's
resolution, that the people of the several States acceded to this
compact in their sovereign capacities? What reason is there for
supposing that the framers of the Constitution rejected expressions
appropriate to their own meaning, and adopted others wholly at war with
that meaning?
Again, Sir, the Constitution speaks of that political system which is
established as "the government of the United States." Is it not doing
strange violence to language to call a league or a compact between
sovereign powers a _government_? The government of a state is that
organization in which the political power resides. It is the political
being created by the constitution or fundamental law. The broad and
clear difference between a government and a league or compact is, that a
government is a body politic; it has a will of its own; and it possesses
powers and faculties to execute its own purposes. Every compact looks to
some power to enforce its stipulations. Even in a compact between
sovereign communities, there always exists this ultimate reference to a
power to insure its execution; although, in such case, this power is but
the force of one party against the force of another; that is to say, the
power of war. But a _government_ executes its decisions by its own
supreme authority. Its use of force in compelling obedience to its own
enactments is not war. It contemplates no opposing party having a right
of resistance. It rests on its own power to enforce its own will; and
when it ceases to possess this power, it is no longer a government.
Mr. President, I concur so generally in the very able speech of the
gentleman from Virginia near me,[1] that it is not without diffidence
and regret that I venture to differ with him on any point. His opinions,
Sir, are redolent of the doctrines of a very distinguished school, for
which I have the highest regard, of whose doctrines I can say, what I
can also say of the gentleman's speech, that, while I concur in the
results, I must be permitted to hesitate about some of the premises. I
do not agree that the Constitution is a compact between States in their
sovereign capacities. I do not agree, that, in strictness of language,
it is a compact at all. But I do agree that it is founded on consent or
agreement, or on compac
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