and the Constitution, within their proper
sphere and limit. If this doctrine be true, as
asserted by the proposed article, then the
citizen makes his pledge of allegiance agains
and in conflict with the States, viz., all the
rights of the States. Contra omnes civitates
fidelitatem fecit.
Now, is this so, Mr. President" Is the al-
legiance to the Constitution and Government
of the United States paramount, measured by
the protection which the government is
clothed with the power of extending by the
terms of the Constitution? Nearly all the
protection which the citizen enjoys is secured
to him by the States. The States deal with
all of his local rights. The States regulate
most of his rights of liberty—if not all. The
States exercise control over the domestic in-
stitutions of the citizens, it protects them in
all of the rights of life, liberty and the pur-
suit of happiness And upon this point I
refer to the Federalist, No. 45, page 215.
"The powers delegated by the proposed
Constitution to the Federal Government, are
few and defined. Those which are to remain
in the State governments are numerous and
indefinite. The former will be exercised
principally on external objects, as war, peace,
negotiation and foreign commerce.
The powers reserved to the several States will
extend to all the objects which in the ordi-
nary course of affairs, concern the lives, liber-
ties and properties of the people; and the
internal order, improvement and prosperity
of the State."
Why is this Declaration of Rights put
forth by the people of the State, unless
upon the theory that the State, and not the
Federal Government, affords protection to
the extent of the great principles of govern-
ment therein announced? What is the use
of a Declaration of Rights on the part of the
State, if everything is swallowed up in the
consolidated, universal powers of the Federal
Government? The Federal Government is
more especially charged with the conduct of
the foreign relations, and extends protection
to its citizens in all matters appertaining to
their rights with foreign and independent
powers. The chief powers which it has, en-
abling it to afford protection to the citizen,
are, 1st. The power to provide for the com-
mon defence and general welfare of the
United States, 2d. To regulate commerce
with foreign nations and among the several
States, and with the Indian tribes, 3d. To
provide for the punishment of counterfeiting
the securities and current coin of the United
States, 4th. To define and punish piracies
and felonies committed on the high seas, and
offences against the law of nations, 5th. To
declare war, grant letters of marque and re-
prisal, and make rules concerning captures on
land and sea. 6th. To raise and support ar-
mies. 7th. To provide and maintain & navy
8th. To provide for calling forth the militia, |
to execute the laws of the Union, suppress in-
surrections and repel invasions, and to pro-
hibit the States (and so protect the citizen)
from doing any of the acts embraced within
the tenth section of article one.
" No State shall enter into any treaty, al-
liance or confederation; grant letters of
marque and reprisal; coin money; emit bills
of credit; make anything but gold and silver
coin a tender in payment of debts; pass any
hill of attainder, ex post facto law, or law
impairing the obligation of contracts, or
grant any title of nobility. No State shall,
without the consent of the Congress, lay any
impost or duties on imports or exports, &c.
"No State shall without the consent of
Congress lay any duty of tonnage; keep
troops, or ships of war, in time of peace; en-
ter into any agreement or compact with an-
other State, or with a foreign power; or en-
gage in war, unless actually invaded, or in
such imminent danger as will not admit of
delay."
And without going more fully into detail, the
protection which the Federal Government ex-
tends to the citizen is measured and limited by
the powers of sovereignty conferred by the
Constitution. The protection which the State
affords is measured by the extent of the pow-
ers of sovereignty retained by the States or
the exercise of which is not prohibited to
them. Allegiance is due, therefore, partly to
the Federal Government, and partly to the
State Government. The sum of the alle-
giance which is due to the two, constitutes
that allegiance which is due solely and as
paramount allegiance to a government whose
sovereignty is not divided or parcelled out
as under our system, but is indivisible as in
France, England, or Russia. The allegiance
to neither the State nor the Federal Govern-
ment is paramount, as overriding each other.
They are separate and distinct. Their pow-
ers of sovereignty, provided the government
is constitutionally administered, do not clash.
They do not run in angular directions which
meet, but in parallel lines, each pursuing its
own sphere; or in orbits centrifugal and cen-
tripetal, where if each is confined to its
own orbit, you have a system harmonious
and beautiful, like that which the Deity has
given in the canopy above us in the motion
of the spheres. But if you disturb them
one running into the other, one interfering
with the other, you have a state of anarchy and
confusion as dark and as terrible as that which
blooded over the spheres before the universe
was brought into order and light by the hand
of Divinity.
And the question, which is to be obeyed—
where does the allegiance due to each lead the
citizen—must be determined by the fact,
which is acting within the constitutional
limits or orbits assigned to them respectively.
In other words, sovereignty which is the ulti-
mate, absolute, uncontrolled power of govern- |
