'2. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war.'
Language can not be stronger; intentions were never more clearly expressed; thoughts were never more explicitly set forth in words. Nothing is left for doubt; all is concise, positive, and binding. Nothing is left to be guessed at; nothing left that could be construed to mean that States 'may' or 'may not.' 'SHALL' and 'SHALL NOT,' are the words used to define what the States are to do or not to do. The very slight 'right' given to the States to lay duties for executing their inspection laws, carries with it a proviso, or command, that the proceeds of such duties must be paid into the National Treasury, and the very laws that the States might pass for this purpose must be approved by 'THE CONGRESS.' What Congress? The Congress of the UNITED STATES—of the UNION. Every vestige of State sovereignty, of 'State rights,' is utterly annihilated in these clauses.
Independent, sovereign states may and do make treaties, alliances, grant letters of marque, or coin money; in fact, no 'State' or sovereignty can exist without these powers; and the fact that these powers are all taken from and denied to the States of the American Union, is conclusive proof that the framers of the Constitution did not intend to allow the States the sovereignty now claimed for them, and which the rebellious States are endeavoring to maintain. This heresy must be exorcised now and forever.
Is there any thing more in the Constitution (and bear in mind that no right is claimed for any State except in accordance with this instrument, which is still in full force except in those rebellious States where this disorganizing doctrine of 'State rights' has uncontrolled sway) making the Union supreme and the States subordinate? What says the following section?
'Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.'
A State, therefore, may so legislate, that is, it may have acts and records, but each other State SHALL give to the records and proceedings of all the rest 'full faith and credit.' Does not this enactment thoroughly negative all theories of the exclusive supremacy of State rights? Independent sovereign States do not, in the absence of treaties, give any faith or credit to the records or proceedings of other independent states. Our States are not only compelled to do this, by this section, but must do so in accordance with the manner prescribed by 'the Congress' of the UNITED STATES, of the UNION, and of the NATION. No other congress is mentioned.
'Section 2.
'The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.'
By this clause a native or naturalized citizen of Maine can conduct business, hold and convey real estate (the highest civil, social, and judicial tests of citizenship) in the State of Georgia. The citizen of Minnesota can do likewise in New-York, and so of each and in all the States. Independent states or supreme sovereignties do not allow these privileges to any but their own citizens. The United States do not, neither do other nations. Citizenship must precede the right to hold and convey real estate. All governments are naturally jealous of the alien. By this clause, no American citizen can be an alien in any State of the American Union. He is a citizen of the nation. No State can pass any law demanding more of a citizen not born, though residing within its limits, than from one born therein, or place him under any restrictions not common to the native or other citizen of such State. Not a vestige of 'State' exclusiveness is there in the clause. Every idea of State supremacy is blotted out by it. A heavier blow is, however, dealt at State rights in the following section:
'The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the Legislature, or of the Executive, (when the Legislature can not be convened,) against domestic violence.'