SUPREMACY OF THE NATIONAL GOVERNMENT.

But there are five other provisions of the Constitution by which its

supremacy is positively established. 1. "The citizens of each State

shall be entitled to all privileges and immunities of citizens in the

several States." As Congress has the exclusive power to establish "an

uniform rule of naturalization," it may, under these words of the

Constitution, secure for its newly entitled citizens "all privileges and

immunities of citizens in the several States," in defiance of State

Rights. 2. "New States may be admitted _by the Congress_ into this

Union." According to these words, the States cannot even determine their

associates, but are dependent in this respect upon the will of Congress.

3. But not content with taking from the States these important powers of

sovereignty, it is solemnly declared that the Constitution, and the laws

of the United States made in pursuance thereof, and all treaties under

the authority of the United States, "SHALL BE THE SUPREME LAW OF THE

LAND, _anything in the Constitution or laws of any State to the contrary

notwithstanding_." Thus are State Rights again subordinated to the

National Constitution, which is erected into the paramount authority. 4.

But this is done again by another provision, which declares that "_the

members of the several State legislatures_, and all executive and

judicial officers of _the several States_, shall be bound by oath or

affirmation to support this Constitution"; so that not only State laws

are subordinated to the National Constitution, but the makers of State

laws, and all other State officers, are constrained to declare their

allegiance to this Constitution, thus placing the State, alike through

its acts and its agents, in complete subordination to the sovereignty of

the United States. 5. But this sovereignty is further proclaimed in the

solemn injunction, that "the United States shall guarantee to every

State in this Union a republican form of government, and shall protect

each of them against invasion." Here are duties of guaranty and

protection imposed upon the United States, by which their position is

fixed as the supreme power. There can be no such guaranty without the

implied right to examine and consider the governments of the several

States; and there can be no such protection without a similar right to

examine and consider the condition of the several States: thus

subjecting them to the rightful supervision and superintendence of the

National Government.

Thus, whether we regard the large powers vested in Congress, the powers

denied to the States absolutely, the powers denied to the States without

the consent of Congress, or those other provisions which accord

supremacy to the United States, we shall find the pretension of State

sovereignty without foundation, except in the imagination of its

partisans. Before the Constitution such sovereignty may have existed; it

was declared in the Articles of Confederation; but since then it has

ceased to exist. It has disappeared and been lost in the supremacy of

the National Government, so that it can no longer be recognized.

Perverse men, insisting that it still existed, and weak men, mistaking

the shadow of former power for the reality, have made arrogant claims in

its behalf. When the Constitution was proclaimed, and George Washington

took his oath to support it as President, our career as a Nation began,

with all the unity of a nation. The States remained as living parts of

the body, important to the national strength, and essential to those

currents which maintain national life, but plainly subordinate to the

United States, which then and there stood forth a Nation, one and

indivisible.

The Atlantic Monthly, Volume 12, No. 72, October, 1863 A Magazine of Literature, Art, and Politics · 第 50 / 62 题