the war of 1812, or to the Mexicans in 1846. Whatever may be the true
relation of the seceding States, the Federal Government derives no
power in relation to them or their citizens from the provision of the
Constitution now under consideration, but, in the one case, derives all
its power from the duty of enforcing the "supreme law of the land," and
in the other, from the power "to declare war."

The second proposition of the gentleman from Maryland is this--I use
his language: "That clause vests in the Congress of the United States
a plenary, supreme, unlimited political jurisdiction, paramount over
courts, subject only to the judgment of the people of the United States,
embracing within its scope every legislative measure necessary and
proper to make it effectual; and what is necessary and proper the
Constitution refers in the first place to our judgment, subject to no
revision but that of the people."

The gentleman states his case too strongly. The duty imposed on Congress
is doubtless important, but Congress has no right to use a means of
performing it forbidden by the Constitution, no matter how necessary or
proper it might be thought to be. But, sir, this doctrine is monstrous.
It has no foundation in the Constitution. It subjects all the States
to the will of Congress; it places their institutions at the feet of
Congress. It creates in Congress an absolute, unqualified despotism. It
asserts the power of Congress in changing the State governments to be
"plenary, supreme, unlimited," "subject only to revision by the people
of the United States." The rights of the people of the State are
nothing; their will is nothing. Congress first decides; the people of
the whole Union revise. My own State of Ohio is liable at any moment to
be called in question for her constitution. She does not permit negroes
to vote. If this doctrine be true, Congress may decide that this