either in substance or in 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 even 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 as “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 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 State rights,
as a principle, is no other than the principle of
generality and locality. Whatever concerns the
whole 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.
Whether the national Constitution in defining boundaries
between the two has applied the principle with exact
accuracy, is not to be questioned. We are all
bound by that defining, without question.