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sive public emoluments or privileges from the community.

"That all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient."

CONSTITUTION OF NEW JERSEY. "Whereas all the constitutional authority ever possessed by the kings of Great Britain over these colonies or their other dominions were, BY COMPACT, derived from THE PEOPLE, and held by them for the common interest of the whole society."

The constitutions of nearly all the States assert similar doctrines.*

THE CONSTITUTION OF PENNSYLVANIA.-"That the general and essential principles of liberty and free government may be recognised and unalterably established, we declare,

"1. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.

"2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government in such manner as they may think proper."

THE CONSTITUTION OF DELAWARE.—“ Through Divine goodness, all men have by nature the rights of worshipping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property; and, in general, of attaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for the due exercise thereof power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent to advance their happiness. And they may for this end, as circumstances require, from time to time, alter their constitution of government."

THE CONSTITUTION OF MARYLAND.-"1. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.

"4. That all persons invested with the legislative or executive powers of government are the trustees of the public, and, as such, accountable for their conduct; wherefore, whenever the ends of government are perverted, and the public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to, reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind."

THE CONSTITUTION OF VIRGINIA.-"A declaration of rights made by the representatives of the good people of Virginia, assembled in full and free convention, which rights do pertain to them and their posterity, as the basis and foundation of government, Unanimously adopted, June 12, 1776.

"1. That all men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

2. That all power is invested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. "3. That government is or ought to be instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes or forms of government that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that where any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it in such manner as shall be judged most conducive to the public weal."

THE CONSTITUTION OF NORTH CAROLINA." 1. That all political power is vested in and derived from the people only."

Here is evidence of the highest degree that, according to the public law of America, all men being created free

and equal, and government being instituted for the protection of their unalienable rights, the right of the WHOLE

THE CONSTITUTION OF SOUTH CAROLINA.-" All power is originally vested in the people; and all free governments are founded on their authority, and are instituted for their peace, safety and happiness."

THE CONSTITUTION OF KENTUCKY.-"That the general, great and essential principles of liberty and free government may be recognised and established, we declare, "1. That all freemen when they form a social compact are equal; and that no man or set of men are entitled to exclusive, separate, public emolument or privileges from the community, but in consideration of public services.

"2. That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, and happiness. For the advancement of their ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government in such manner as they may think proper."

ARKANSAS has nearly the same.

THE CONSTITUTION OF TENNESSEE. DECLARATION OF RIGHTS.-"1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of those ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper."

"2. That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

THE CONSTITUTION OF OHIO." That the general, great and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare,

"1. That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety; and every free republican government, being founded on their sole authority, and organised for the purpose of protecting their liberties and securing their independence, to effect these ends, they have at all times a complete power to alter, reform, or abolish their government, whenever they may deem it necessary."

THE CONSTITUTION OF MISSISSIPPI. DECLARATION OF RIGHTS.-"That the general, great and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare,

"1. That all freemen, where they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive, separate, public emoluments or privileges from the community, but in consideration of public services.

2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and therefore, they have at all times an unalienable and indefeasible right to alter or abolish their form of government in such manner as they may think expedient."

ALABAMA has the same.

CONSTITUTION OF ILLINOIS.-"That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, we declare,

"1. That all men are born equally free and independent, and have certain inherent and indefeasible rights; among which are those of enjoying and defending life and liberty, and of acquiring and possessing and protecting property and reputation, and of pursuing their own happiness.

2. That all power is inherent in the people; and all free governments are founded on their authority and instituted for their peace, safety, and happiness."

CONSTITUTION OF MISSOURI.-"That all political power is vested in and derived from the people.

"That the people of this state have the inherent right of regulating the internal government and police thereof."

CONSTITUTION OF MICHIGAN." All political power is inherent in the people.

COMMUNITY to change their govern- in any of their constitutions restricted the right of suffrage or not, the right to open or change it at any time is in

ment at pleasure cannot be surrendered or taken away; that whether they have

Government is instituted for the protection, security and protection of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, when the public good requires it."

No additional authority can be given to these doctrines by single names. If it could, we might refer to a great number. For example,

JEFFERSON.-"It is not only the right but the duty of those now on the stage of action to change the laws and institutions of government to keep pace with the progress of knowledge, the light of science, and the amelioration of the condition of society. Nothing is to be considered unchangeable but the inherent and inalienable rights of man."

MADISON."It is essential to such a government," (that is, republican) "that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their power, might aspire to the rank of republicans and claim for their government the honorable title of republic."

WILSON." Of the right of a majority of the whole people to change their government at will, there is no doubt."-1, Wilson, 418.-1 Tytler's Black. Comm. 165, cited p. 324, Vol. 1, Story's Comm.

"Permit me to mention one great principle, the vital principle I may well call it, which diffuses animation and vigor through all the others. The principle I mean is this, that the supreme or sovereign power of the society resides in the citizens at large; and that, therefore, they always retain the right of abolishing, altering, or amending their constitution, at whatever time, and in whatever manner, they shall deem expedient."-Lectures on Law, vol. 1, p. 10.

JAY." At the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country; but they are sovereign without subjects, (unless the African slaves among us may be so called,) and have none to govern but themselves: the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty."-2 Dallas's Reports, 219.

MARSHALL."It has been said that the people had already surrendered all their powers to the state sovereignties, and had nothing more to give. But surely the question, whether they may resume and modify the powers granted to government, does not remain to be settled in this country."-4 Wheaton's Reports, 405.

"Perhaps some politician, who has not considered with sufficient accuracy our political systems, would answer, that in our government the supreme power was vested in the constitution. This opinion approaches a step nearer to the truth," (than the supposition that it resides in the legislatures) "but does not reach it. The truth is, that our government, the supreme, absolute and uncontrollable power, remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. Indeed, the superiority, in this last instance, is much greater, for the people possess over our constitutions control in act as well as right.” -Works, vol. iii., p. 292.

"The consequence is, that the people may change the constitution, whenever and however they please. This is a right of which no positive institution can deprive them."

RAWLE.-"Vattell justly observes, that the perfection of a state, and its aptitude to fulfil the ends proposed by society, depend upon its constitution. The first duty to itself is, to form the best constitution possible, and one most suited to its circumstances, and thus it lays the foundation for its safety, permanence, and happiness. But the best constitution which can be framed with the most anxious deliberation that can be bestowed upon it, may, in practice, be found imperfect and inadequate to the true interests of society. Alterations and amendments then become desirable. The people retains, the people cannot perhaps divest itself of the power to make such alterations. A moral power, equal to, and of the same nature with that which made, alone can destroy. The laws of one legislature may be repealed by another legislature, and the power to repeal cannot be withheld by the power which enacted them. So the people may, on the same principle, at any time alter or abolish the constitution they have formed. This has been frequently and peaceably done by several of these states since 1776. If a particular mode of effecting such alterations has been agreed

disputable. If all persons entered into the social compact, equal in rights, and if their rights could not be transferred or forfeited, they have them still, and their exercise of them depends on their own will and pleasure.

The people, we repeat, are all those who were capable of entering into the social compact. Those who are not competent to form a contract are not included. Children are not included, for this reason. At what age persons shall be deemed men, emancipated from parental tutelage, and of sufficient judgment to enter into contracts, must necessarily depend on some arbitrary rule, which might not suit every individual case. The society itself has the right to determine this time. In the absence of any other rule, that of the common law, among an Anglo-Saxon people, would be adopted. Idiots and insane persons are for the same reason not included. Strangers are not included, because they belong to some other political society, and could not enter into a new compact without renouncing the old one. Permanent residents, therefore, are alone included; those who have established their home with the new society. Are women included? By the practice of the world, a practice as old as history, and almost universal, women have been excluded from political power. All our governments having been formed during the existence of such a practice, and no innovation upon it having been attempted, they must be deemed to have been framed in conformity to it. They virtually declared, in accordance with the general voice of the rest of the world, that women take no part in the formation of the social compact. Whether such an exclusion is justifiable upon principle, it is not our province now to discuss.

But suppose slavery to exist in a state, how does that affect the question? Wherever slavery exists, the slaves must of necessity be excluded

from political power. They cannot enter into any political relation. They cannot contract. To say that they are slaves, is to say that they are not thought of as beings having a political existence. "In the calm of regular government they are sunk below the level of men." Their exclusion is a fact, which we take as we find it. It has been defended upon the ground of necessity, and of their incapacity, from weakness of intellect, to enter into any political questions.

We believe now that we have gone over the whole ground, and that we are safe in asserting it to be the law of all the American States, wherever slavery does not exist, that the sovereignty resides in the whole body of adult male permanent residents of sound mind. If this be a just conclusion, then the right of a majority of this body to change the government at pleasure, whatever may be the wishes of the electors, is beyond dispute.

But it may be asked, where will all this lead us? May you at any time take a census of all this body of persons, and if you can procure the consent of a majority of them to any scheme, does such scheme, ipso facto, become the law of the land? To this we answer-first, that if the people should choose to act in an irregular manner, it cannot be helped; that they have the ultimate power to act as they shall judge best; second, that the people of this country never will act in that manner, so long as they are fit for freedom. We repeat the language of Locke, "Perhaps it will be said that the people, being ignorant and always discontented, to lay the foundation of government in the unsteady, opinions and uncertain humor of the people, is to expose it to certain ruin; and no government will be able long to subsist, if the people may set up a new legislature whenever they take offence at the old one. To this I answer, quite the contrary. People are

upon, it is most convenient to adhere to it, but it is not exclusively binding."—Rawle on the Constitution, p. 17.

Congress gave its sanction to the same doctrine, in the case of Michigan, when the people of that state, acting in their original capacity, without the intervention of its legislature, and even in opposition to the different action of the legislature, accepted the conditions on which it was received into the Union.

In North Carolina, also, the same doctrine was appealed to some years since by the people of the western part of that state, who were about to put it in practice, when the other party, who had possession of the actual government, gave way.

not so easily got out of their old forms as some are apt to suggest. They are hardly to be prevailed with to amend the acknowledged faults in the frame they have been accustomed to." The will of the people is the supreme law. So is an act of Congress, passed within the scope of the constitution. Congress may pass a very absurd law; but that is no reason for denying them power. Our government rests upon the people. If it cannot rest upon that foundation, it can rest upon nothing. It supposes the right and the capacity of the people to govern themselves. No scheme of government is practicable which does not require the will of the people to be clearly ascertained and formally promulged, before it can become a rule of action. Order is one of the chiefest laws of society. While, therefore, we declare the right of the people, at all times and in any manner that seems proper to them, to signify their will and to carry that will into effect; we declare at the same time that this very right exists partly because of the capacity of the people to govern well and discreetly, and that an irregular, tumultuary exercise of their authority would destroy one of the foundations upon which the right itself rests. These two things must go together, order and the sovereignty of the people, or the latter will eventually fall.

There is little danger that it will ever be otherwise in this country. Certainly, in this particular case, it was not otherwise. During the progress of the election of the conventions-and the formation, promulgation, and adoption of the constitution of Rhode Island,everything was conducted in a peaceable and orderly manner. There was no violence, no secresy, no tyranny. If the people's constitution was the act of a majority, never did a majority conduct themselves with greater moderation or take more pains to show the grounds on which they acted.

The conclusion from these arguments is, that the sovereignty resides in the majority of the parties to the social compact; and that these parties in the free States are all the male residents of full age and of sound mind. If, therefore, in the State of Rhode Island, a majority of such have ratified the people's constitution, it is the true and real organic law of the State.

Before we leave this part of the subject, we cannot help adverting to two considerations in addition to those we have already brought forward, not necessary indeed to the argument, but proper to be borne in mind by all who would take a view of the whole subject.

The first is, that those who exercise for the time being the functions of electors in this country, bear a relation to the elective officers, and to the whole people, quite different in fact from that which is borne by electors in the constitutional governments of Europe. There the electors are in fact invested with the whole power of the state. No practice has ever prevailed with them, of establishing an organic law, by the authority of the whole body politic, superior to the legislative authority. The theory of the social compact is there hitherto a mere speculation. No authority supreme to the legislature is recognised in the state, and its acts are supreme. Here the theory of the social compact has been reduced to practice. The body politic establishes on our soil constitutions superior to the legislature. There is no inconsistency therefore in holding that the body of the electors is an intermediate body, established between the whole body politic and the elective officers by the will and authority of the whole. As such, the electors are the agents of the whole body. To hold that the consent of the agent is necessary to the revocation of his power by his principal, is to hold, not only that he is more than agent, but that the principal has bestowed upon him a power irrevocable and unchangeable.

The other consideration is this, that even if the doctrine of the unalienable nature of the right of self-government were otherwise, still, in the case of Rhode Island, the people are not precluded from now exercising that right, because they had never yet done anything to delegate their sovereignty. There the people have never acted in any solemn manner upon the subject of their government. They have never established an organic law. Upon the abolition of the authority of the crown, the old electoral body continued to elect a governor and representatives as before. Until the whole body politic, in its own good time, chose to begin the work of framing a government, the old government was permis

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