as political bodies, however sovereign, are yet not
sovereign over the people. So far as the people
have given power to the General Government, so far
the grant is unquestionably good, and the Government
holds of the people, and not of the State governments.
We are all agents of the same supreme power, the people.
The General Government and the State governments derive
their authority from the same source. Neither
can, in relation to the other, be called primary,
though one is definite and restricted, and the other
general and residuary. The National Government
possesses those powers which it can be shown the people
have conferred on it, and no more. All the rest
belongs to the State governments, or to the people
themselves. So far as the people have restrained
State sovereignty by the expression of their will,
in the Constitution of the United States, so far, it
must be admitted, State sovereignty is effectually
controlled. I do not contend that it is, or ought
to be, controlled farther. The sentiment to which
I have referred propounds that State sovereignty is
only to be controlled by its own “feeling of
justice”—that is to say, it is not
to be controlled at all, for one who is to follow
his own feelings is under no legal control. Now,
however men may think this ought to be, the fact is
that the people of the United States have chosen to
impose control on State sovereignties. There
are those, doubtless, who wish they had been left
without restraint; but the Constitution has ordered
the matter differently. To make war, for instance,
is an exercise of sovereignty; but the Constitution
declares that no State shall make war. To coin
money is another exercise of sovereign power; but no
State is at liberty to coin money. Again, the
Constitution says that no sovereign State shall be
so sovereign as to make a treaty. These prohibitions,
it must be confessed, are a control on the State sovereignty
of South Carolina, as well as of the other States,
which does not arise “from her own feelings
of honorable justice.” The opinion referred
to, therefore, is in defiance of the plainest provisions
of the Constitution.
There are other proceedings of public bodies which
have already been alluded to, and to which I refer
again, for the purpose of ascertaining more fully
what is the length and breadth of that doctrine denominated
the Carolina doctrine, which the honorable member has
now stood up on this floor to maintain. In one
of them I find it resolved, that “the tariff
of 1828, and every other tariff designed to promote
one branch of industry at the expense of others, is
contrary to the meaning and intention of the federal
compact, and such a dangerous, palpable, and deliberate
usurpation of power, by a determined majority, wielding
the General Government beyond the limits of its delegated
powers, as calls upon the States which compose the
suffering minority, in their sovereign capacity, to
exercise the powers which, as sovereigns, necessarily
devolve upon them when their contract is violated.”