lly echoed by Elbridge Gerry of Massachusetts,
afterwards Vice-President, who said:--
"It appears to me that the States never were independent. They had only
corporate rights."
Better words still fell from Mr. Wilson of Pennsylvania, known
afterwards as a learned judge of the Supreme Court, and also for his
Lectures on Law:--
"Will a regard to State rights justify the sacrifice of the rights of
men? If we proceed on any other foundation than the last, our building
will neither be solid or lasting."
The argument was unanswerable then. It is unanswerable now. Do not
elevate the sovereignty of the States against the Constitution of the
United States. It is hardly less odious than the early pretension of
sovereign power against Magna Charta, according to the memorable words
of Lord Coke, as recorded by Rushworth:--
"Sovereign power is no Parliamentary word. In my opinion, it weakens
Magna Charta and all our statutes; for they are absolute without any
saving of sovereign power. And shall we now add it, we shall weaken the
foundation of law, and then the building must needs fall. Take we heed
what we yield unto. _Magna Charta is such a fellow that he will have no
sovereign._"[17]
But the Constitution is our Magna Charta, which can bear no sovereign
but itself, as you will see at once, if you will consider its character.
And this practical truth was recognized at its formation, as may be seen
in the writings of our Rushworth,--I refer to Nathan Dane, who was a
member of Congress under the Confederation. He tells us plainly, that
the terms "sovereign States," "State sovereignty," "State rights,"
"rights of States," are not "constitutional expressions."
POWERS OF CONGRESS.
In the exercise of its sovereignty Congress in intrusted with large and
peculiar powers. Take notice of them, and you will see how little of
"sovereignty" is left to the States. Their simple enumeration is an
argument against the pretension of State Rights. Congress may lay and
collect taxes, duties, imposts, and excises, to pay the debts and
_provide for the common defence and general welfare of the United
States_. It may borrow money on the credit of the United States;
regulate commerce with foreign nations, and _among the several States_,
and with the Indian tribes; establish a uniform rule of naturalization,
and uniform laws on the subject of bankruptcy, _throughout the United
States_; coin money, regulate the value thereof, and fix the
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