is most conclusive. Having never been States,
either in substance or name, outside of the Union,
whence this magical omnipotence of “State-Rights,”
asserting a claim of power to lawfully destroy the
Union itself? Much is said about the “sovereignty”
of the States; but the word is not in the National
Constitution, nor, as is believed, in any of the State
constitutions. What is
sovereignty in the
political sense of the term? Would it be far
wrong to define it “a political community without
a political superior?” Tested by this, no one
of our States, except Texas, ever was a sovereignty.
And even Texas gave up the character on coming into
the Union, by which act she acknowledged the Constitution
of the United States, and the laws and treaties of
the United States made in pursuance of the Constitution,
to be for her the supreme law of the land. The
States have their status in the Union, and they have
no other legal status. If they break from this,
they can only do so against law and by revolution.
The Union, and not themselves separately, procured
their independence and their liberty. By conquest
or purchase, the Union gave each of them whatever
of independence or liberty it has. The Union
is older than any of the States, and, in fact, it created
them as States. Originally some dependent colonies
made the Union, and in turn the Union threw off their
old dependence for them, and made them States, such
as they are. Not one of them ever had a State
constitution independent of the Union. Of course
it is not forgotten that all the new States framed
their constitutions before they entered the Union,—nevertheless,
dependent upon and preparatory to coming into the
Union.
Unquestionably the States have the powers and the
rights reserved to them in and by the National Constitution;
but among these, surely, are not included all conceivable
powers, however mischievous or destructive; but, at
most, such only as were known in the world at the time,
as governmental powers; and, certainly, a power to
destroy the government itself had never been known
as a governmental—as a merely administrative
power. This relative matter of National power
and States rights, as a principle, is no other than
the principle of generality and locality. Whatever
concerns the whole world should be confided to the
whole—to the General Government; while whatever
concerns only the State should be left exclusively
to the State. This is all there is of original
principle about it.... What is now combated, is
the position that secession is consistent with the
Constitution—is lawful and peaceful.
It is not contended that there is any express law for
it; and nothing should ever be implied as law which
leads to unjust or absurd consequences.