FREE BOOKS

Author's List




PREV.   NEXT  
|<   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   >>  
ubject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States than the Magistrate who now addresses you. No one would make greater personal sacrifices or official exertions to defend them from violation; but equal care must be taken to prevent, on their part, an improper interference with or resumption of the rights they have vested in the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution; but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the alleged undivided sovereignty of the States and on their having formed in this sovereign capacity a compact which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been anticipated. The States severally have not retained their entire sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these important purposes were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the Government of the United States; they became American citizens and owed obedience to the Constitution of the United States and to laws made in conformity with the powers it vested in Congress. This last position has not been and can not be denied. How, then, can that State be said to be sovereign and independent whose citizens owe obedience to laws not made by it and whose magistrates are sworn to disregard those laws when they come in conflict with those passed by another? What shows conclusively that the States can not be said to have reserved an undivided sovereignty is that they expressly ceded the right to punish treason--not treason against their separate power, but treason against the United States. Treason is an offense against _sovereignty_, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not les
PREV.   NEXT  
|<   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   >>  



Top keywords:

States

 

sovereignty

 

sovereign

 

citizens

 

Constitution

 

rights

 
treason
 
reserved
 

United

 

punish


exercise

 

powers

 

obedience

 

undivided

 

vested

 

nation

 

transferred

 

Magistrate

 

allegiance

 
Government

American

 

longer

 

instance

 

exclusive

 

declare

 

essential

 

treaties

 

judicial

 
legislative
 

conformity


important

 

functions

 

addresses

 

purposes

 

position

 
conclusively
 

expressly

 

conflict

 

passed

 

ubject


reside

 
offense
 

separate

 

Treason

 

denied

 

independent

 
reverence
 

disregard

 

fellow

 
magistrates