he clause prescribing the ratio
of representation--the phrase, "three-fifths of all other persons,"
is equivalent to slaves, or it means nothing. And yet we are told that
those who are acting under a Constitution which sanctions the existence
of slavery in those States which choose to tolerate it, are at liberty
to hold that no law can sanction its existence.

It is idle to make the rightfulness of an act the measure of sovereign
power. The distinction between sovereign power and the moral right
to exercise it has always been recognized. All political power may be
abused, but is it to stop where abuse may begin? The power of declaring
war is a power of vast capacity for mischief, and capable of inflicting
the most wide-spread desolation. But it is given to Congress without
stint and without measure. Is a citizen, or are the courts of justice
to inquire whether that, or any other law, is just, before they obey or
execute it? And are there any degrees of injustice which will withdraw
from sovereign power the capacity of making a given law?

* * * * *

The power is "to admit new States into this Union," and it may be safely
conceded that here is discretion to admit or refuse. The question is,
what must we do if we do anything? What must we admit, and into what?
The answer is a State--and into this Union.

The distinction between Federal rights and local rights, is an idle
distinction. Because the new State acquires Federal rights, it is not,
therefore, in this Union. The Union is a compact; and is it an equal
party to that compact, because it has equal Federal rights?

How is the Union formed? By equal contributions of power. Make one
member sacrifice more than another, and it becomes unequal. The compact
is of two parts:

1. The thing obtained--Federal rights. 2. The price paid--local
sovereignty.

You may disturb the balance of the Union, either by diminishing the
thing acquired, or increasing the sacrifice paid.

What were the purposes of coming into the Union among the original
States? The States were originally sovereign without limit, as to
foreign and domestic concerns. But being incapable of protecting
themselves singly, they entered into the Union to defend themselves
against foreign violence. The domestic concerns of the people were not,
in general, to be acted on by it. The security of the power, of managing
them by domestic legislature, is one of the great objects of the Union.
Th