New York | Page 9

adopted in the conflicts of parties, and many heresies appear to us to have crept into the political creed of the Republic, purely from the struggles of faction. When men have a specific and important purpose in view, it is but natural they should bend most of its collateral connections to the support of their own objects. We conceive that the Constitution has thus been largely misinterpreted, and they who live at the epoch of the renowned "equilibrium" and of the "rights of the people of the Sovereign States," will have seen memorable examples of the truth of this position.
The first popular error, then, that we shall venture to assail, is that connected with the prevalent notion of the sovereignty of the States. We do not believe that the several States of this Union are, in any legitimate meaning of the term, sovereign at all. We are fully aware that this will be regarded as a bold, and possibly as a presuming proposition, but we shall endeavor to work it out with such means as we may have at command.
We lay down the following premises as too indisputable to need any arguments to sustain them: viz., the authority which formed the present Constitution of the United States had the legal power to do so. That authority was in the Government of the States, respectively, and not in their people in the popular signification, but through their people in the political meaning of the term, and what was then done must be regarded as acts connected with the composition and nature of governments, and of no minor or different interests of human affairs.
It being admitted, that the power which formed the government, was legitimate, we obtain one of the purest compacts for the organization of human society that probably ever existed. The ancient allegiance, under which the Colonies had grown up to importance, had been extinguished by solemn treaty, and the States met in Convention, sustained by all the law they had and backed in every instance by institutions that were more or less popular. The history of the world cannot, probably, furnish another instance of the settlement of the fundamental compact of a great nation under circumstances of so much obvious justice. This gives unusual solemnity and authority to the Constitution of 1787, and invests it with additional claims to our admiration and respect.
The authority which formed the Constitution admitted, we come next to the examination of its acts. It is apparent from the debates and proceedings of the Convention, that two opinions existed in that body; the one leaning strongly toward the concentration of power in the hands of the Federal Government, and the other desirous of leaving as much as possible with the respective States. The principle that the powers which are not directly conceded to the Union should remain in first hands, would seem never to have been denied; and some years after the organization of the Government, it was solemnly recognized in an amendment. We are not disposed, however, to look for arguments to the debates and discussions of the Convention, in our view often a deceptive and dangerous method of construing a law, since the vote is very frequently given on even conflicting reasons. Different minds arrive at the same results by different processes; and it is no unusual thing for men to deny each other's premises while they accept their conclusions. We shall look, therefore, solely to the compact itself, as the most certain mode of ascertaining what was done.
No one will deny that all the great powers of sovereignty are directly conceded to the Union. The right to make war and peace, to coin money, maintain armies and navies, &c., &c., in themselves overshadow most of the sovereignty of the States. The amendatory clause would seem to annihilate it. By the provisions of that clause three fourths of the States can take away all the powers and rights now resting in the hands of the respective States, with a single exception. This exception gives breadth and emphasis to the efficiency of the clause. It will be remembered that all this can be done within the present Constitution. It is a part of the original bargain. Thus, New York can legally be deprived of the authority to punish for theft, to lay out highways, to incorporate banks, and all the ordinary interests over which she at present exercises control, every human being within her limits dissenting. Now as sovereignty means power in the last resort, this amendatory clause most clearly deprives the State of all sovereign power thus put at the disposition of Conventions of the several States; in fact, the votes of these Conventions, or that of the respective legislatures acting in the same capacity, is nothing but the highest species of legislation