“It appears to me that the States never were independent.  They had only corporate rights.”

Better words still fell from Mr. Wilson of Pennsylvania, known afterwards as a learned judge of the Supreme Court, and also for his Lectures on Law:—­

“Will a regard to State rights justify the sacrifice of the rights of men?  If we proceed on any other foundation than the last, our building will neither be solid or lasting.”

The argument was unanswerable then.  It is unanswerable now.  Do not elevate the sovereignty of the States against the Constitution of the United States.  It is hardly less odious than the early pretension of sovereign power against Magna Charta, according to the memorable words of Lord Coke, as recorded by Rushworth:—­

“Sovereign power is no Parliamentary word.  In my opinion, it weakens Magna Charta and all our statutes; for they are absolute without any saving of sovereign power.  And shall we now add it, we shall weaken the foundation of law, and then the building must needs fall.  Take we heed what we yield unto. Magna Charta is such a fellow that he will have no sovereign."[17]

But the Constitution is our Magna Charta, which can bear no sovereign but itself, as you will see at once, if you will consider its character.  And this practical truth was recognized at its formation, as may be seen in the writings of our Rushworth,—­I refer to Nathan Dane, who was a member of Congress under the Confederation.  He tells us plainly, that the terms “sovereign States,” “State sovereignty,” “State rights,” “rights of States,” are not “constitutional expressions.”

POWERS OF CONGRESS.

In the exercise of its sovereignty Congress in intrusted with large and peculiar powers.  Take notice of them, and you will see how little of “sovereignty” is left to the States.  Their simple enumeration is an argument against the pretension of State Rights.  Congress may lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States.  It may borrow money on the credit of the United States; regulate commerce with foreign nations, and among the several States, and with the Indian tribes; establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy, throughout the United States; coin money, regulate the value thereof, and fix the standard of weights and measures; establish post-offices and post-roads; promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; define and punish piracies and felonies committed on the high seas, and offences against the law of nations; declare war; grant letters of marque and reprisal; make rules concerning captures on land and water; raise and support armies; provide and maintain a navy;