Continental Monthly, Vol. I, No. V, May, 1862 eBook

This eBook from the Gutenberg Project consists of approximately 309 pages of information about Continental Monthly, Vol. I, No. V, May, 1862.

Continental Monthly, Vol. I, No. V, May, 1862 eBook

This eBook from the Gutenberg Project consists of approximately 309 pages of information about Continental Monthly, Vol. I, No. V, May, 1862.

But this First Article of Section Nine is not all in that section that smothers State rights; for Article Five declares that vessels bound to or from one State need not enter, clear, or pay duties in another.  Why this specification, if the States were to be supreme in their own limits? (and this doctrine of State rights is, in its essence, supremacy.) Independent states exact clearances and entrances, and demand duties from foreign vessels, but never from their own.  State rights are ignored in this Article.  But to prevent any possibility of any State ever exercising the rights of sovereignty now claimed by the advocates of this most pernicious doctrine, from which has grown the present gigantic rebellion, Section Ten, of the same Article, goes on to declare that—­

’1.  No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.
’2.  No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.  No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war.’

Language can not be stronger; intentions were never more clearly expressed; thoughts were never more explicitly set forth in words.  Nothing is left for doubt; all is concise, positive, and binding.  Nothing is left to be guessed at; nothing left that could be construed to mean that States ‘may’ or ‘may not.’  ‘SHALL’ and ‘SHALL NOT,’ are the words used to define what the States are to do or not to do.  The very slight ‘right’ given to the States to lay duties for executing their inspection laws, carries with it a proviso, or command, that the proceeds of such duties must be paid into the National Treasury, and the very laws that the States might pass for this purpose must be approved by ‘THE CONGRESS.’  What Congress?  The Congress of the UNITED STATES—­of the UNION.  Every vestige of State sovereignty, of ‘State rights,’ is utterly annihilated in these clauses.

Independent, sovereign states may and do make treaties, alliances, grant letters of marque, or coin money; in fact, no ‘State’ or sovereignty can exist without these powers; and the fact that these powers are all taken from and denied to the States of the American Union, is conclusive proof that the framers of the Constitution did not intend to allow the States the sovereignty now claimed for them, and which the rebellious States are endeavoring to maintain.  This heresy must be exorcised now and forever.

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Continental Monthly, Vol. I, No. V, May, 1862 from Project Gutenberg. Public domain.