Act of Supremacy

“ It is evident they would amount to nothing. A law, by the very meaning of the term, includes supremacy. It is a rule, which those to whom it is prescribed are bound to observe. This results from every political association. ”

“ This very right to make and to alter government when made, is Sovereignty. It constitutes the possessor of it the earthly superior of those who are the earthly superiors of all others, and so makes Supremacy in that land where the right is admitted to exist. ”

“ The restraint is imposed by our Constitution. The American people have conferred the power of borrowing money on the government; and, by making that government supreme, have shielded its action, in the exercise of that power, from the action of the local governments. The grant of the power, and the declaration of supremacy, are a declaration that no such restraining or controlling power shall be exercised. ”

“ Let legislation upon every other subject be regarded as out of time and place, and the one great object of suppressing the rebellion be pursued by the administration with vigor and firmness, without taking counsel of our fears, and without listening to any proposition or suggestion which may emanate from rebels or their representatives, until the authority of the government shall be respected, its laws enforced, and its supremacy acknowledged in every section of our country. ”

“ And whereas the Constitution, which is the supreme law of the land, cannot be displaced within this territory, but must ever continue the supreme law thereof, notwithstanding the doings of any pretended Governments, acting singly or in confederation, hostile to its supremacy: Therefore,—
1. ”

“ In the next place, as the constitutions of some of the states do not even expressly and fully recognize the existing powers of the confederacy, an express saving of the supremacy of the former would, in such states, have brought into question every power contained in the proposed constitution. ”

“ Now, whether such a supremacy of the constitution, with its limitations in the particulars just mentioned, and with the further restriction laid by the people upon themselves, and for themselves, as to the modes of amendment, be right or wrong politically, no one can deny that the constitution is supreme, as has been stated, and that the statement is in exact conformity with it. ”

“ Not only the supremacy of old England is to be shaken off, but a new organization of society is to be built up on the basis of liberty and equality. That is the Declaration of Independence! That is the American Revolution! All men free and equal! Not even the broad desert of the Atlantic ocean stops the triumphant shout. Behold, the nations of the old world are rushing to arms. ”

“ The Declaration of Independence struck a blow at every existent form of government by making the individual the source of all power. This is the sun, and the one central truth around which all genuine republics must keep their course or perish. National supremacy means something more than power to levy war, conclude peace, contract alliances, establish commerce. ”

“ Every law is a command, not only, but the command of a supreme authority; and it would be a singular contradiction in terms to speak of this supreme power as limited by law. How can the supreme author of law within a state himself be subject to law: how can the creature bind the creator? How can one refrain from smiling at the logical incapacity of those who speak of limitations to sovereignty, or, more absurdly still, of divisions of sovereignty?65 Is there a hierarchy of supremacies: can there be a co-ordination of creators? ”

“ The power of the Union and General Government, and of the politics and military of the country, is brought to bear to subject the people to the authority of their Constitution, their political creed; and rebellion, insurrection, treason against that in thought, feeling, word or deed, is counted the sin of sins, and to be expiated only on the gallows; the Constitution the only authority in social, commercial, civil and political life; and resistance and treason against it a sin unto death! ”

“ Instead, therefore, of resting the supreme power of government in the hands of a person, or a class, making the former a monarch, and creating the other an aristocracy, those grand magistrates and senators of human liberty who framed the Constitution of the new American Nation, made the nation its own sovereign, and clothed it with the authority and majesty of self-government. ”

“ The Constitution regulates our stewardship; the Constitution devotes the domain to union, to justice, to defense, to welfare, and to liberty. But there is a higher law than the Constitution which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust as to secure in the highest attainable degree their happiness."--William H. Seward, Senate Speech, March 11, 1850. ”

“ Thus if a political compact, a civil or military league, covenant or constitution, requires, authorizes, provides for, or tolerates war, bloodshed, capital punishment, slavery, or any kind of absolute injury, offensive or defensive, the man who swears, affirms or otherwise pledges himself, to support such a compact, league, covenant, or constitution, is just as responsible for every act of injury done in strict conformity thereto, as if he himself personally committed it. ”

“ In this decree you authorize the entire Republic to adopt the same measures, for your decree ratifies those which have just been brought to your knowledge. If everywhere the same measures be taken, the Republic is saved. No longer shall be treated as agitators and anarchists those ardent friends of liberty by whom the nation was set in motion, but we shall hear: "Honor to the agitators who turn the vigor of the people against its enemies!" When the temple of liberty shall have been established, the people may be trusted to decorate it. ”

“ Heartily accepting the spirit and intent of the Constitution and adhering to the principles laid down by Washington and Lincoln, we declare our conviction that we live under a Government of the People, by the People, for the People; and we repudiate any and all special or local interests or platforms or policies in conflict with the inherent rights and sovereign will of our People. ”

“ I find all through the Constitution an expression of grim determination to fortify the Nation against any influence which would weaken the supreme power of the people, which would in any way interfere with the plan to make this a government by the people. ”

“ In cases of deliberate, dangerous, and palpable infractions of the Constitution, affecting the sovereignty of a state and the liberties of the people, it is not only the right, but the duty of such a state to interpose its authority for their protection. ”

“ They only showed how that potential supremacy would on occasion become actual supremacy. There is no guarantee but that of conscience that justice will be accorded a suitor when his adversary is both court and opposing litigant. So strong is the instinct of those who administer our governments to keep within the sanction of the law, that even when the last three amendments to the Constitution were being forced upon the southern states by means which were revolutionary the outward forms of the Constitution were observed. ”

“ But where a constitution asserts a certain right, or lays down a certain principle of law or procedure, it speaks for the entire people as their supreme law, and is full authority for all that is done in pursuance of its provision. ”

“ We all agree that it is an instrument which has been in some way clothed with power. We all admit that it speaks with authority. The first question then is, What does it say of itself? What does it purport to be? Does it style itself a league, confederacy, or compact between sovereign States? It is to be remembered, Sir, that the Constitution began to speak only after its adoption. ”

“ In other words, you, my Democratic friends, in the name of liberty asserted the right of one man, under State law, to deprive another man of his freedom; in the name of democracy you asserted the right of one class of people under State law to rule despotically over another class; in the name of self-government you asserted the right of the States to exclude a large portion, sometimes even amounting to a majority of their population, from all participation in self-government. ”

“ This doctrine is deeply impressed in the genius of our common law, which informs us, by unquestionable maxims, that no man is worthy to hold the reins of administration who cannot maintain the national justice, the chief object of which is certainly, personal protection. 'Cessa regnare, si non vis judicare,' Cease to reign, if you will not do justice, and the reason of this is plain from another maxim, 'Vita Reipublicæ, pax—et animus libertas—et corpus, leges,' peace is the life—and liberty the soul—and the laws the body of the commonwealth. ”

“ They saw that equality before the law for the whole people; the right and the power to appoint their own rulers; the right and the power to mould and form and modify every law and institution at their own sovereign will,—to lay restraints upon their own power, or not to lay them,—to limit themselves by public compact to a particular mode of action, or to remain free to choose other modes,—were the essential conditions of American society. ”

“ In other words, the doctrine was that the States had the right to subject a large portion of their people to the absolute dominion and despotic rule of another portion, and to determine at their discretion by what means that despotic rule of man over man should be set on foot and perpetuated, no matter how flagrantly hostile those means might be to the fundamental rights and liberties upon which the whole fabric of free government rests. ”

“ But in obeying laws to which all men have agreed, all men, in reality, govern themselves. The monarch, who is instituted by the legislature to execute its will, ought to be armed with a force sufficient to coerce individuals, but not sufficient to control the majority of the people. He is responsible to the nation, and subject to the law; and the nation that appoints him, and assigns him his duties, has to see that he obeys the Constitution, and has to dismiss him if he breaks it. ”

“ But he who takes the oath today to preserve, protect, and defend the Constitution of the United States only assumes the solemn obligation which every patriotic citizen—on the farm, in the workshop, in the busy marts of trade, and everywhere—should share with him. The Constitution which prescribes his oath, my countrymen, is yours; the Government you have chosen him to administer for a time is yours; the suffrage which executes the will of freemen is yours ”

“ Yes, we will have the reward of our labor and of our blood. Let us all attest with confidence,—both the representatives elected by the people who have sworn to transact only the duties of the constitution, as we its dangers; and the hereditary representative, the citizen-king, whom the constitution has firmly established upon the throne; and all the other depositories of authority to whom the constitution has delegated power,—let them all believe that the execution of that authority is a duty which the constitution has laid upon them, as obedience is demanded from those who must submit to them ”

“ Is it not possible that a patriotick Congress may also appear, which will, by a similar declaration proclaim the constitutional rights of the States in which they live, and of the people to whom they must return? ”

“ They, indeed, intended to build up an efficient general government; but they were determined not to sacrifice to its efficiency any of the bulwarks of popular liberty. And there stands the constitution, establishing a government of delegated powers, strictly defined and firmly walled in; strong enough to protect the honor of the American flag in every sea, and the honor of the American name in every land; strong enough to protect our frontiers from invasions and the homes of the citizens from lawless violence; but intended not to be strong enough to invade the liberties of the people. ”