tainly admit that the Constitution ought to be so formed as not to
prevent the States from providing for their own existence; and I
maintain that it is so formed; and that their power of providing for
themselves is sufficiently established. This is conceded by one
gentleman, and in the next breath the concession is retracted. He says
Congress has but one exclusive right in taxation--that of duties on
imports; certainly, then, their other powers are only concurrent. But to
take off the force of this obvious conclusion, he immediately says that
the laws of the United States are supreme; and that where there is one
supreme there cannot be a concurrent authority; and further, that where
the laws of the Union are supreme, those of the States must be
subordinate; because there cannot be two supremes. This is curious
sophistry. That two supreme powers cannot act together is false. They
are inconsistent only when they are aimed at each other or at one
indivisible object. The laws of the United States are supreme, as to all
their proper, constitutional objects; the laws of the States are supreme
in the same way. These supreme laws may act on different objects without
clashing; or they may operate on different parts of the same common
object with perfect harmony. Suppose both governments should lay a tax
of a penny on a certain article; has not each an independent and
uncontrollable power to collect its own tax? The meaning of the maxim,
there cannot be two supremes, is simply this--two powers cannot be
supreme over each other. This meaning is entirely perverted by the
gentlemen. But, it is said, disputes between collectors are to be
referred to the federal courts. This is again wandering in the field of
conjecture. But suppose the fact is certain; is it not to be presumed
that they will express the true meaning of the Constitution and the
laws? Will they not be bound to consider the concurrent jurisdiction; to
declare that both the taxes shall have equal operation; that both the
powers, in that respect, are sovereign and co-extensive? If they
transgress their duty, we are to hope that they will be punished. Sir,
we can reason from probabilities alone. When we leave common-sense, and
give ourselves up to conjecture, there can be no certainty, no security
in our reasonings.

I imagine I have stated to the committee abundant reasons to prove the
entire safety of the State governments and of the people. I would go
into a more minute