distinguished statesman,[1] "the constitution itself in its very front refutes that. It declares, that it is ordained and established by the people of the United States. So far from saying, that it is established by the governments of the several states, it does not even say, that it is established by the people of the several states. But it pronounces, that it is established by the people of the United States in the aggregate. Doubtless the people of the several states, taken collectively, constitute the people of the United States. But it is in this their collective capacity, it is as all the people of the United States, that they establish the constitution."[2]
- ↑ Webster's Speeches, 1830, p. 431; 4 Elliot's Debates, 326.
- ↑ Mr. Dane reasons to the same effect, though it is obvious, that he could not, at the time, have had any knowledge of the views of Mr. Webster.[a 1] He adds, "If a contract, when and how did the Union become a party to it? If a compact, why is it never so denominated, but often and invariably in the instrument itself, and in its amendments, styled, "this constitution? and if a contract, why did the framers and people call it the supreme law."[a 2] In Martin v. Hunter, (1 Wheat. R. 304, 324,) the supreme court expressly declared, that "the constitution was ordained and established," not by the states in their sovereign capacity, but emphatically, as the preamble of the constitution declares, "by the people of the United States."
"The government of the Union, then, (whatever may be the influence of this fact on the case,) is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
"This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist."
