Calhoun's theory is not
as unfounded as be had proved Mr. Webster's theory to be. The
facts in the case really sustain neither, and both failed to see
it: Mr. Calhoun because be had purposes to accomplish which
demanded State sovereignty, and Mr. Webster because he examined
them in the distorting medium of the theory or understanding of
the statesmen of the eighteenth century. The civil war has
vindicated the Union, and defeated the armed forces of the State
sovereignty men; but it has not refuted their doctrine, and as
far as it has had any effect, it has strengthened the tendency to
consolidation or centralism.
But the philosophy, the theory of government, the understanding
of the framers of the constitution, must be considered, if the
expression will be allowed, as obiter dicta, and be judged on
their merits. What binds is the thing done, not the theory on
which it was done, or on which the actors explained their work
either to themselves or to others. Their political philosophy,
or their political theory, may sometimes affect the phraseology
they adopt, but forms no rule for interpreting their work. Their
work was inspired by and accords with the historical facts in the
case, and is authorized and explained by them. The American
people were not made one people by the written constitution, as
Mr. Jefferson, Mr. Madison, Mr.
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