tes never was a purely
artificial and arbitrary relation. It began among the colonies, and grew
out of common origin, mutual sympathies, kindred principles, and
geographical relations. It was confirmed and strengthened by the
necessities of war, and received definite form and character and
sanction from the articles of Confederation. By these the union was
solemnly declared to 'be perpetual.' And when the articles were found to
be inadequate to the exigencies of the country, the constitution was
ordained 'to form a more perfect union.' It is difficult to convey the
idea of indissoluble unity more clearly than by these words. What can be
more indissoluble if a perpetual union made more perfect, is not? But
the perpetuity and indissolubility of the union, by no means implies the
loss of distinct and individual existence, or of the right of
self-government by the States.... Without the States in Union, there
could be no such political body as the United States. Not only,
therefore, can there be no loss of separate and independent autonomy to
the States, through their union under the constitution, but it may be
not unreasonably said that the preservation of the States, and the
maintenance of their governments are as much within the design and care
of the constitution, as the preservation of the Union and the
maintenance of the National Government. The constitution in all its
provisions looks to an indestructible Union composed of indestructible
States."
[Footnote 1: _Texas_ v. _White_, 7 Wall., 750.]
A civil war of four years' duration has decided the Unionist theory of
our government to be the one under which the Nation is to be governed.
Whether or not, in point of fact, the Nation was older than the States,
and the constitution not a compact, but an indissoluble Union, will
always remain a question to be discussed. The dispute turns upon a point
that does not admit of final determination. We can only theorize. To
maintain the view that the Union is older than the States it is
necessary to show that the Continental Congress was of such a character,
and its powers of such a nature, that a true national government may be
said to have existed before July 4, 1776, and therefore, that the
Declaration of Independence and the consequent transformation of the
colonies into States were not the result of the individual action of
separate colonies, but of the whole people united in a nation. And,
following from this, that the St
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