willing to swear it to the Government of the
United States so long as it keeps itself within
the exercise of the legitimate powers delegated
to it by the State of Maryland, and the other
States. My allegiance to it to that extent
and no further is paramount to that I owe to
the State of Maryland. Sir it can hardly be
necessary for me to tell gentlemen that there
is such a thing as the reserved rights of the
States. But give this article a practical op-
eration, and what is the consequence? In-
stead of having recourse to what the men who
framed this Government told you, you must
resort to on all occasions of a conflict of au-
thority; instead of pursuing the policy of
calling a Convention of the States to settle
any difficulty that may arise in relation to the
powers of the State governments and the
powers of the General Government, what do
you do? Not what Mr. Jefferson says upon
this subject should be done in all such cases.
You assume the power. He says, "if the two
departments should claim each the same sub-
ject of power, where is the common umpire to
decide between them? In cases of little im-
portance and urgency, the prudence of both
parties will keep them aloof from the ques-
tionable ground; but if it can be neither
avoided nor compromised, a Convention of
the States must be called to ascribe the doubt-
ful power to that department which they may
think best." He nowhere intimates, nor do
the men who framed your Government, that
the States are not co-ordinate departments of
one simple and integral Government.
When you put this word "paramount" in
here, without qualification or limit, you say
in totidem verbis that the powers of the State
government are subordinate to the General
Government. But Mr. Jefferson says that is
a departure from the true theory of our Gov-
ernment. He says:
"They are co-ordinate departments of one
simple and integral whole. The legislative
power of each State is exercised by assem-
blies deriving their authority from the Con-
stitution of the State. Each in sovereign
within its own province. The distribution of
power between them pro-supposes that these
authorities will move in harmony with each
other. The members of the State and General
Government are all under oath to support
both, and allegiance is due to the one and to
the other. The case of aconflict between these
powers has not been supposed, nor has any
provision been made for it in our Constitu-
tion,"
Now, there is the line of separation, and I
do not want by the action of this Convention
to blot it out.
"But if it can neither be avoided nor com-
promised, a Convention of the States must be
called to prescribe the doubtful power to that
department which they may think best."
But put this article in here, and when
Maryland in time to come, say a half century |
from now, finds the iron heel of the Govern
ment upon her, and undertakes to say, as
some of these other States have said, let us go
into an adjustment of these differences be-
tween us; your laws are unauthorized; we
will settle these troubles in a Convention
of States—the answer will be, O! now, I
have you shackled under this fourth article of
the Declaration of Rights of your Constitu-
tion, in which you say I am paramount, your
master, and not your co-ordinate and equal
in the structure of this Government. That
will be the practical operation of this thing.
And fearing that, believing that these men
are about to inaugurate a Government in this
country which will of itself overpower the
States, I shall raise my voice In protest against
it. it is at war with the true theory of our
Government in all time past, and foreshadows
a policy which if carried out in practice will
bring us inevitably, judging of the future by
the past, under the chains of an unqualified
despotism. But for the exercise of just such
assumed powers at Washington, before God I
believe we would this day be ft peace.
I admire much the open and candid tone in
which gentlemen have been pleased to express
themselves upon this question. We under-
stand them and their purposes clearly. They
spoke to yon about the arm of the Govern-
ment thrown around Maryland. But they
did not tell how that arm had pierced the
sides of the unprotected citizens of your
State. The gentleman from Baltimore city,
(Mr. Cushing,) with a degree of fragrant
eloquence, as the gentleman from Prince
George's, (Mr. Berry,) termed it, that was
quite refreshing, said that this Government
had been his guardian angel, that it had
thrown its shield of protection over him, and
that ignoring the State that gave him birth,
forgetful of her past history, rendered sacred
by so many memories of great and glorious
deeds, oblivious of the teachings of her best
sons in all time past, he was ready now
openly to avow that all his allegiance was
due to that Government which, with the
strong arm, the sword and the bayonet, had
protected him. Now has not the gentleman
read in the history of this war, that, in vio-
lation of those rights which our fathers sup-
posed they had secured for us as our only
and sure protection, there have been citi-
zens of Maryland, whose rights have been
ruthlessly violated by that arm of the Gen-
eral Government? has he no sympathy in
his heart for those men who have been down-
trodden and oppressed? I heard him express
none. But we heard him sing praises to that
great power at Washington which he is so
eager to worship, and for which be is willing
to lay down everything, because he says it
has protected him. But his patriotism did
not go out of his own door.
Sir, I want the rights of Maryland pro-
tected. I want Maryland to do her duty to |
