The power to make the notes of the government a legal tender in payment of private debts, being one of the powers belonging to sovereignty in other civilized nations, ... we are irresistibly impelled to the conclusion that the impressing upon the treasury notes of the United States the quality of being a legal tender in payment of private debts, is an appropriate means, conducive and plainly adapted to the execution of the undoubted powers of congress, consistent with the letter and spirit of the constitution, etc.——p. 450.
On reading these astonishing ideas about "sovereignty"—"sovereignty" over all the natural rights of mankind—"sovereignty," as it prevailed in Europe "at the time of the framing and adoption of the constitution of the United States"—we are compelled to see that these judges obtained their constitutional law, not from the constitution itself, but from the example of the "Divine Right" governments existing in Europe a hundred years ago. These judges seem never to have heard of the American Revolution, or the French Revolution, or even of the English Revolutions of the seventeenth century—revolutions fought and accomplished to overthrow these very ideas of "sovereignty," which these judges now proclaim, as the supreme law of this country. They seem never to have heard of the Declaration of Independence, nor of any other declaration of the natural rights of human beings. To their minds, "the sovereignty of governments" is everything; human rights nothing. They apparently cannot conceive of such a thing as a people's establishing a government as a means of preserving their personal liberty and rights. They can only see what fearful calamities "sovereign governments" would be liable to, if they could not compel their "subjects"—the people—to support them against their will, and at every cost of their property, liberty, and lives. They are utterly blind to the fact, that it is this very assumption of "sovereignty" over all the natural rights of men, that brings governments into all their difficulties, and all their perils. They do not see that it is this very assumption of "sovereignty" over all men's natural rights, that makes it necessary for the "Divine Right" governments of Europe to maintain not only great standing armies, but also a vile purchased priesthood, that shall impose upon, and help to crush, the ignorant and superstitious people.
These judges talk of "the constitutions" of these "sovereign governments" of Europe, as they existed "at the time of the framing and adoption of the constitution of the United States." They apparently do not know that those governments had no constitutions at all, except the Will of God, their standing armies, and the judges, lawyers, priests, pimps, spies, and ruffians they kept in their service.
If these judges had lived in Russia, a hundred years ago, and had chanced to be visited with a momentary spasm of manhood—a fact hardly to be supposed of such creatures—and had been sentenced therefor to the knout, a dungeon, or Siberia, would we ever afterward have seen them, as judges of our Supreme Court, declaring that government to be the model after which ours was formed?
These judges will probably be surprised when I tell them that the constitution of the United States contains no such word as "sovereign," or "sovereignty"; that it contains no such word as "subjects"; nor any word that implies that the government is "sovereign," or that the people are "subjects." At most, it contains only the mistaken idea that a power of making laws—by lawmakers chosen by the people—was consistent with, and necessary to, the maintenance of liberty and justice for the people themselves. This mistaken idea was, in some measure, excusable in that day, when reason and experience had not demonstrated, to their minds, the utter incompatibility of all lawmaking whatsoever with men's natural rights.
The only other provision of the constitution, that can be interpreted as a declaration of "sovereignty" in the government, is this:
This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.—Art. VI.
This provision I interpret to mean simply that the constitution, laws, and treaties of the United States, shall be "the supreme law of the land"—not anything in the natural rights of the people to liberty and justice, to the contrary notwithstanding—but only that they shall be "the supreme law of the land," "anything in the constitution or laws of any State to the contrary notwithstanding,"—that is, whenever the two may chance to conflict with each other.
If this is its true interpretation, the provision contains no declaration of "sovereignty" over the natural rights of the people.
Justice is "the supreme law" of this, and all other lands; anything in the constitutions or laws of any nation to the contrary notwithstanding. And if the constitution of the United States intended to assert the contrary, it was simply an audacious lie—a lie as foolish as it was audacious—that should have covered with infamy every man who helped to frame the constitution, or afterward sanctioned it, or that should ever attempt to administer it.