Yielding, therefore, to the supreme court all the [ *92 ]*jurisdiction and authority which properly belongs to it, we cannot safely or wisely repose in it the vast trust of ascertaining, defining or limiting the sovereign powers of the States.
Let us now follow the author in the enquiry, by what rules shall the Constitution be interpreted? Many of those which he has given are merely such as we apply to every instrument, and they do not, therefore, require any particular examination. The principal one, and that from which he deduces many others as consequences, is this: "It is to be construed as a frame or fundamental law of government, established by the people of the United States, according to their own free pleasure and sovereign will. In this respect, it is in no wise distinguishable from the constitutions of the State governments." That our Constitution is "a frame of government" will scarcely be denied by any one, and this, whether it be in its nature federative or consolidated. It is also, as is every other constitution of government, "a fundamental law." It is the acknowledged basis of all federal power and authority, the sole chart by which federal officers are to direct their course. But all this leaves the enquiry still open, what is this fundamental law, what is the course indicated by this chart of federal power, and how is it to be ascertained? The author seems to suppose that a full answer to this question may be found in the fact, that this frame or fundamental law of government was established by "the people of the United States, according to their free pleasure and sovereign will." If the fact were really so, it would undoubtedly exert an important influence, and would go far to justify his construction of the Constitution. We here discern the usefulness and necessity of that historical enquiry, which has just been finished. From that enquiry we learn, distinctly and without doubt, that the Constitution was not established by "the people of the United States," and conse-
controversies between governments, involving the extent and nature of their powers.
I know that the decisions of the supreme court on constitutional questions have been very consistent and uniform; but that affords no proof that they will be so through all time to come. It is enough for the purposes of the present argumeut, that they may be otherwise.
