By the adoption of the Constitution the people of the United States
constituted themselves _a Nation_, one and indivisible, with all the
unity and power of a nation. They were no longer a confederation,
subject to the disturbing pretensions, prejudices, and whims of
component parts; but they became a body politic, where every part
was subordinate to the Constitution, as every part of the natural
body is subordinate to the principle of life. The sovereignty of the
United States, where all are but parts of one vivifying whole, was the
controlling unit. The powers then and there conferred upon the nation
were supreme. And those very powers I now invoke, in the name of the
Union, and to the end that pretensions in the name of State Rights may
be overthrown.
* * * * *
I have thus presented a picture of these intolerable pretensions. But
they must be examined more minutely. They may be seen, _first_, in
their character as a monopoly, and, _secondly_, in their character as a
Usurpation under the Constitution of the United States. I need not say
that in each they are equally indefensible.
If you go back to the earliest days of English history, you find that
monopolies have from the beginning been odious, as contrary to the
ancient and fundamental laws of the realm. A writer who is often quoted
in the courts says: “All grants of this kind relating to any known
trade are made void by the Common Law, as being against the freedom of
trade, and discouraging labor and industry, and restraining persons
from getting an honest livelihood by a lawful employment, and putting
it in the power of particular persons to set what prices they please
on a commodity.”[87] But, without claiming that the present monopoly
is void at Common Law, it is enough to show its inconsistency with
the Constitution. Here I borrow Mr. Webster’s language in his famous
argument against the monopoly of steam navigation granted by the State
of New York:--
“Now I think it very reasonable to say that _the Constitution
never intended to leave with the States the power of granting_
monopolies either of trade or of navigation,--and therefore,
that, as to this, the commercial power is exclusive in
Congress.”[88]