a misconception as to the origin of this government
and its true character. It is, Sir, the people’s
Constitution, the people’s government, made
for the people, made by the people, and answerable
to the people. The people of the United States
have declared that this Constitution shall be the
supreme law. We must either admit the proposition,
or dispute their authority. The States are, unquestionably,
sovereign, so far as their sovereignty is not affected
by this supreme law. But the State legislatures,
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.


