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States； with a single exception。 This exception gives breadth and
emphasis to the efficiency of the clause。 It will be remembered
that all this can be done within the present Constitution。 It is
a part of the original bargain。 Thus； New York can legally be
deprived of the authority to punish for theft； to lay out
highways； to incorporate banks； and all the ordinary interests
over which she at present exercises control； every human being
within her limits dissenting。 Now as sovereignty means power in
the last resort； this amendatory clause most clearly deprives the
State of all sovereign power thus put at the disposition of
Conventions of the several States； in fact； the votes of these
Conventions； or that of the respective legislatures acting in the
same capacity； is nothing but the highest species of legislation
known to the country； and no other mode of altering the
institutions would be legal。 It follows unavoidably； we repeat；
that the sovereignty which remains in the several States must be
looked for solely in the exception。 What then is this exception？
It is a provision which says； that no State may be deprived of
its equal representation in the Senate； without its own consent。
It might well be questioned whether this provision of the
Constitution renders a Senate indispensable to the Government。
But we are willing to concede this point and admit that it does。
Can the vote of a single State； which is one of a body of thirty；
and which is bound to submit to the decision of a legal majority；
be deemed a sovereign vote？ Assuming that the whole power of the
Government of the United States were in the Senate； would any one
State be sovereign in such a condition of things？ We think not。
But the Senate does not constitute by any means the whole or the
half of the authority of this Government； its legislative power
is divided with a popular body； without the concurrence of which
it can do nothing； this dilutes the sovereignty to a degree that
renders it very imperceptible； if not very absurd。 Nor is this
all。 After a law is passed by the concurrence of the two houses
of Congress it is sent to a perfectly independent tribunal to
decide whether it is in conformity with the principles of the
great national compact； thus demonstrating； as we assume； that
the sovereignty of this whole country rests； not in its people；
not in its States； but in the Government of the Union。
Sovereignty； and that of the most absolute character； is
indispensable to the right of secession： Nay； sovereignty； in the
ordinary acceptation of the meaning of the term； might exist in a
State without this right of secession。 We doubt if it would be
held sound doctrine to maintain that any single State had a right
to secede from the German Confederation； for instance； and many
alliances； or mere treaties； are held to be sacred and
indissoluble； they are only broken by an appeal to violence。
Every human contract may be said to possess its distinctive
character。 Thus； marriage is to be distinguished from a
partnership in trade； without recurrence to any particular form
of words。 Marriage； contracted by any ceremony whatever； is held
to be a contract for life。 The same is true of governments： in
their nature they are intended to be indissoluble。 We doubt if
there be an instance on record of a government that ever existed；
under conditions； expressed or implied； that the parts of its
territory might separate at will。 There are so many controlling
and obvious reasons why such a privilege should not remain in the
hands of sections or districts； that it is unnecessary to advert
to them。 But after a country has rounded its territory；
constructed its lines of defence； established its system of
custom…houses； and made all the other provisions for security；
convenience； and concentration； that are necessary to the affairs
of a great nation； it would seem to be very presumptuous to
impute to any particular district the right to destroy or
mutilate a system regulated with so much care。
The only manner in which the right of secession could exist in
one of the American States； would be by an express reservation to
that effect； in the Constitution。 There is no such clause； did it
exist it would change the whole character of the Government；
rendering it a mere alliance； instead of being that which it now
isa lasting Union。 But； whatever may be the legal principles
connected with this serious subject； there always exists； in
large bodies of men； a power to change their institutions by
means of the strong hand。 This is termed the right of revolution；
and it has often been appealed to to redress grievances that
could be removed by no other agency。 It is undeniable that the
institution of domestic slavery as it now exists in what are
termed the Southern and South…Western States of this country；
creates an interest of the most delicate and sensitive character。
Nearly one half of the entire property of the slave…holding
States consists in this right to the services of human beings of
a race so different from our own as to render any amalgamation to
the last degree improbable； if not impossible。 Any one may easily
estimate the deep interest that the masters feel in the
preservation of their property。 The spirit of the age is
decidedly against them； and of this they must be sensible； it
doubly augments their anxiety for the future。 The natural
increase； moreover； of these human chattels renders an outlet
indispensable； or they will soon cease to be profitable by the
excess of their numbers。 To these facts we owe the figments which
have rendered the Southern school of logicians a little
presuming； perhaps； and certainly very sophistical。 Among other
theories we find the bold one； that the Territories of the United
States are the property； not of the several States； but of their
individual people； in other words； that the native of New York or
Rhode Island； regardless of the laws of the country； has a right
to remove to any one of these Territories； carry with him just
such property as he may see fit； and make such use of it as he
may find convenient。 This is a novel co…partnership in
jurisdiction； to say the least； and really does not seem worthy
of a serious reply。
The territory of the United States is strictly subject to the
Government。 The only clause in the Constitution which refers to
this interest conveys that meaning。 But； were the instrument
silent； the power would remain the same。 Sovereignty of this
nature is not determined by municipal law； but by the law of
nations。 Thus； for instance； the right to make war； which is
inherent in every state of FOREIGN RELATIONS； infers the right to
secure its conquests； and that clause of the Constitution which
declares that the war…making power shall abide in Congress； says；
at the same time； by an unavoidable implication； that the
national legislature shall have all authority to control the
consequ