The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.

The Great Speeches and Orations of Daniel Webster eBook

This eBook from the Gutenberg Project consists of approximately 1,778 pages of information about The Great Speeches and Orations of Daniel Webster.

Whether the Constitution be a compact between States in their sovereign capacities, is a question which must be mainly argued from what is contained in the instrument itself.  We all agree that it is an instrument which has been in some way clothed with power.  We all admit that it speaks with authority.  The first question then is, What does it say of itself?  What does it purport to be?  Does it style itself a league, confederacy, or compact between sovereign States?  It is to be remembered, Sir, that the Constitution began to speak only after its adoption.  Until it was ratified by nine States, it was but a proposal, the mere draught of an instrument.  It was like a deed drawn, but not executed.  The Convention had framed it; sent it to Congress, then sitting under the Confederation; Congress had transmitted it to the State legislatures; and by these last it was laid before conventions of the people in the several States.  All this while it was inoperative paper.  It had received no stamp of authority, no sanction; it spoke no language.  But when ratified by the people in their respective conventions, then it had a voice, and spoke authentically.  Every word in it had then received the sanction of the popular will, and was to be received as the expression of that will.  What the Constitution says of itself, therefore, is as conclusive as what it says on any other point.  Does it call itself a “compact”?  Certainly not.  It uses the word compact but once, and that is when it declares that the States shall enter into no compact.  Does it call itself a “league,” a “confederacy,” a “subsisting treaty between the States”?  Certainly not.  There is not a particle of such language in all its pages.  But it declares itself a CONSTITUTION.  What is a constitution?  Certainly not a league, compact, or confederacy, but a fundamental law.  That fundamental regulation which determines the manner in which the public authority is to be executed, is what forms the constitution of a state.  Those primary rules which concern the body itself, and the very being of the political society, the form of government, and the manner in which power is to be exercised,—­all, in a word, which form together the constitution of a state,—­these are the fundamental laws.  This, Sir, is the language of the public writers.  But do we need to be informed, in this country, what a constitution is?  Is it not an idea perfectly familiar, definite, and well settled?  We are at no loss to understand what is meant by the constitution of one of the States; and the Constitution of the United States speaks of itself as being an instrument of the same nature.  It says this Constitution shall be the law of the land, any thing in any State constitution to the contrary notwithstanding.  And it speaks of itself, too, in plain contradistinction from a confederation; for it says that all debts contracted, and all engagements entered into, by the United States, shall be as valid under this Constitution as under the Confederation.  It does not say, as valid under this compact, or this league, or this confederation, as under the former confederation, but as valid under this Constitution.

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The Great Speeches and Orations of Daniel Webster from Project Gutenberg. Public domain.