taining the rights of the States unimpaired,
and in full vigor as essential to the preserva-
tion of liberty. These are the parties that
have existed, and have come down to us, and
we are divided upon precisely the same prin-
ciple. From their different standpoints, men
in all parts of the country have looked at the
question; one party looking at the jealousy
of the States and thinking it necessary to
strengthen the arm of the Federal Govern-
ment, and the other looking at the danger of
consolidation and tyranny, and thinking it
necessary to protect the States against the ac-
tion of the Federal Government. It is the
point upon which the parties have been di-
vided, and upon which they are divided
still.
Looking at this question, I maintain that
it is a very great error to suppose that there
are two governments here. The people of
Maryland have but one government. The
State government is its domestic government,
for its domestic affairs. The government at
Washington is as much its government as the
home government, it is its agent, not ex-
clusively I admit, but it is just as much its
government, as though its own powers as a
sovereign were not distributed to the two de-
partments. The fact that it is the agent
also of many other sovereign States, does not
atall impair its power, or its authority, or its
identity as a part of our government. The
powers it exercises over Maryland are by the
consent of the people of Maryland. The pow-
ers it exercises over the people of any other
State are by the consent of the people of that
State. There is really but one government.
They are different departments of the same
government. When this idea takes possession
of the mind, and is run out to its logical con-
sequences, gentlemen will see how easy it is
to confound the idea of paramount and subor-
dinate allegiance, by losing sight, of the great
fact that there is really but one, and that is
the government of the people of the State in
which the parties live. I know Mr. Webster
held the doctrine that there are two govern-
ments, instead of two departments of the
same government. Mr. Jefferson puts the
matter in its true light in this extract :
"With respect to our State and Federal
Governments, I do not think their relations
are correctly understood by foreigners. They
suppose the former subordinate to the latter.
This is not the case. They are co-ordinate
departments of one simple and integral whale.
But, you may ask, if the two departments
should claim each the same subject of power,
where is the umpire to decide between them ?
In cases of little urgency or importance, the
prudence of both parties will keep them aloof
from the questionable ground; but if it can
neither be avoided nor compromised, a Conven-
tion of the States must be called to ascribe
the doubtful power to that department which
they may think best." |
And even Mr. Webster in his great speech,
in 1830, in reply to Mr. Hayne, said :
" The people of the United States have de-
clared that this Constitution shall be the su-
preme law. We must either admit the propo-
sition 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 sover-
eign 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 govern-
ments 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 resid-
uary."
There is the authority of Mr. Webster, the
leader of the school of those who are for giv-
ing to the Federal Government every power
that by any fair and legitimate construction
can possibly be claimed for it, Mr. Webster
did not claim any right of paramount allegi-
ance to the General Government from the
people of the States. He admitted that " nei-
ther can, in relation to the other, be called
primary," or paramount. The government
at Washington is but the agent of the people
of the several States; and it is perfectly im-
material whether you say it was ordained by
the States, or by the people of the States.
Mr. Madison has shown that when the word
"States" is used in reference to the forma-
tion of the Constitution of the United States,
it means the people of the States. What else
constitutes a State? I give the definition of
a Greek, beautifully paraphrased by a British
poet;
" What constitutes a State?
Not high raised battlement, nor labored
mound,
Thick wall, nor moated gate,
Not cities fair, with spires and turrets crowned;
Not bays and broad-armed ports,
Where, laughing at the storm, rich navies
ride!
Not starred and spangled courts,
Where low-bowed baseness wafts perfume to
pride !
No ! men ! high-minded men !
Men who their duties know ;
But know their rights, and knowing dare
maintain;
Prevent the long-aimed blow,
And crush the tyrant when they burst the
chain—
These constitute a State."
My learned friend from Anne Arundle (Mr.
Miller) read a paragraph from Mr. Seward's
despatch to Mr. Adams, dated April 10th, |
