Constitutionalists

“ It is not a democracy, wherein the people retain all their rights securely. Had these principles been adhered to, we should not have been brought to this alarming transition, from a confederacy to a consolidated government. ”

“ Is it not possible that a patriotick Congress may also appear, which will, by a similar declaration proclaim the constitutional rights of the States in which they live, and of the people to whom they must return? ”

“ That, a bill of rights might be fit in a monarchy, where there were struggles between the crown and the people about prerogatives and privileges. But, here, the government is the government of the people; all its officers are their officers; and they can exercise no rights or powers, but such as the people commit to them. In such a case the silence of the constitution argues nothing. The trial by jury, the freedom of the press, and the liberty of conscience are not taken away, because they are not secured. ”

“ I find all through the Constitution an expression of grim determination to fortify the Nation against any influence which would weaken the supreme power of the people, which would in any way interfere with the plan to make this a government by the people. ”

“ So, sir, I understood the gentleman, and am happy to find that I did not misunderstand him. What he contends for is, that it is constitutional to interrupt the administration of the Constitution itself, in the hands of those who are chosen and sworn to administer it, by the direct interference, in form of law, of the States, in virtue of their sovereign capacity. The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government. ”

“ Whenever, therefore, Congress shall meditate any infringement of the state constitutions, the great body of the people will naturally take part with their domestic representatives. Can the general government withstand such a united opposition? Will the people suffer themselves to be stripped of their privileges? ”

“ What use could such men make of a Constitution? Destitute of political or social power, as respects [Pg 14] the American States and people, what ghost of an echo could they invoke, by declamation or action, against the peculiar institution? ”

“ In what State has an assembly, calling itself the people, convened without law, without authority, without qualifications, without certain officers, with no oaths, securities, or sanctions of any kind, met and made a constitution, and called it the constitution of the STATE? There must be some authentic mode of ascertaining the will of the people, else all is anarchy. It resolves itself into the law of the strongest, or, what is the same thing, of the most numerous for the moment, and all constitutions and all legislative rights are prostrated and disregarded. ”

“ The truth is, that, in our governments, 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. ”

“ Even in our mere general form of government, a combination of President, Congress, and the Supreme Court is out of the question. How, then, could the governments of all the states combine to suppress the whole people?—Translator's remark. ”

“ Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State Legislatures, in great emergencies, devolves the arduous task—it is their right—it becomes their duty, to interpose their protecting shield between the right and liberty of the people, and the assumed power of the General Government. ”

“ The Constitution of any government which cannot be regularly amended when its defects are experienced, reduces the people to this dilemma — they must either submit to its oppressions, or bring about amendments, more or less, by a civil war. ”

“ The clear-sighted provision in the national constitution, as in the constitutions of the different states, by which the frame of government can be moulded at will by the public voice, and so made to keep pace in progress with the public mind, is the master-stroke in constitutional law. ”

“ The state governments should be held secure to their reserved rights, and the General Government sustained in its constitutional powers, and that the Union should be revered and watched over as the palladium of our liberties. ”

“ The considerations above stated lead to the conclusion, that in republics there are, in reality, stronger reasons for an independent tenure of office by the judges, a tenure during good behaviour, than in a monarchy. Indeed, a republic with a limited constitution, and yet without a judiciary sufficiently independent to check usurpation, to protect public liberty, and to enforce private rights, would be as visionary and absurd, as a society organized without any restraints of law. It would become a democracy with unlimited powers, exercising through its rulers a universal despotic sovereignty. ”

“ In fact, the whole of the philosophical abstractions on which the founders of the republic based their constitution, have given way before the pressure of events, and every step that is taken by the federal government in vindication of its rights or prerogatives is embarrassed by difficulties which in the end must be cut by the sword. ”

“ If one believes that a constitutional monarchy, such as ours, might be modified so that it might gradually arrive at the adoption of a government entirely elective, such an inconvenience would be less grievous than that of 265usurpations upon the rights of the national sovereignty, or upon the liberty of citizens. It was after this manner of viewing affairs, that in the midst of popular outrages, the intrigues of factions, and the machinations of foreigners, a constitution was freely discussed and adopted by the nation. ”

“ Do you not hear the scoffing levity with which the Declaration of Independence and the high ideals of liberty and human rights which so long have been sacred to our people, are made sport of; how the teachings of Washington and Lincoln are derided as antiquated nursery rhymes, and how the Constitution, when it stands in the way of grasping schemes, is lightly brushed aside with the flippant word, that constitutions are made for men and not men for constitutions? ”

“ Whilst the Constitution for them was a means of regulating and restraining the national will, it was an instrument for accomplishing the popular will for their rivals rising to power on the crest of the wave. ”

“ They undertook to form a general government which should stand on a new basis—not a confederacy, not a league, not a compact between states, but a constitution; a popular government, founded in popular election, directly responsible to the people themselves, and divided into branches, with prescribed limits of power, and prescribed duties. ”

“ That resolution declares that the powers granted by the proposed Constitution are the gift of the people, and may be resumed by them when perverted to their oppression, and every power not granted thereby remains with the people, and at their will. ”

“ I will confess that as a general plan of reconstruction, as a foundation for the future political development of this great Republic, this Constitutional amendment never appeared to me broad enough. I believe not only in the ability, but also in the right, of man to govern himself. ”

“ If I were called upon to declare, whether the independence of judges were more essentially important in a monarchy, or a republic, I should certainly say, in the latter, all governments require, in order to give them firmness, stability, and character, some permanent principle; some settled establishment. The want of this is the great deficiency in republican institutions; nothing can be relied upon; no faith can be given, either at home or abroad, to a people, whose systems, and operations, and policy, are constantly changing with popular opinion ”

“ Whenever a constitution shall be formed in any territory, preparatory to its admission into the Union as a state, justice, the genius of our institutions, the whole theory of our republican system, imperatively demand that the voice of the people shall be fairly expressed, and their will embodied in that fundamental law, without fraud or violence, or intimidation, or any other improper or unlawful influence, and subject to no other restrictions than those imposed by the constitution of the United States. ”

“ We all agree that it is an instrument which has been in some way clothed with power. We all admit that it speaks with authority. The first question then is, What does it say of itself? What does it purport to be? Does it style itself a league, confederacy, or compact between sovereign States? It is to be remembered, Sir, that the Constitution began to speak only after its adoption. ”

“ But a constitution of government, founded by the people for themselves and their posterity, and for objects of the most momentous nature, for perpetual union, for the establishment of justice, for the general welfare, and for a perpetuation of the blessings of liberty, necessarily requires, that every interpretation of its powers should have a constant reference to these objects. No interpretation of the words, in which those powers are granted, can be a sound one, which narrows down their ordinary import, so as to defeat those objects. ”

“ But even in such a country and among such a people it is possible to demoralize the Constitutional system and to infuse a dangerous element of arbitrary power into the government without making it a monarchy in form and name. One of the most necessary conservative agencies in a democratic republic is general respect for constitutional principles, and faithful observance of constitutional forms ”

“ This Constitution ought to be discussed in such a manner that every possible light may be thrown upon it. If those gentlemen who are so sanguine in their opinion that it is a bad government will freely unfold to us the reasons on which their opinion is founded, perhaps we may all concur in it. ”

“ But they recommend making the ligaments of government firm, and a rigid execution of the laws, as more necessary, than in a monarchy, to preserve that virtue which they all declare to be the pillar on which the government, and liberty, its object, must stand. ”

“ No candid man can dispute that I have given a correct description of the constitution-making power: that power which created and organized the Government, which delegated to it, as a common agent, certain powers, in trust for the common good of all the States, and which imposed strict limitations and checks against abuses and usurpations. ”

“ While recognizing the Constitution, we desire to do everything in our power to relieve ourselves of responsibility for this terrible wrong. ["Yes! yes!"] We would vindicate the Constitution, and the National Government it has established, from all participation in this outrage. [Cheers.] Both the old political parties, forgetful of the Fathers, and of the spirit of the Constitution, not only refuse to be agents or representatives in any degree of our convictions, but expressly discourage and denounce them. ”

“ This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending, or their revolutionary right to dismember or overthrow it. I can not be ignorant of the fact that many worthy and patriotic citizens are desirous of having the national Constitution amended. ”

“ In like manner we might run through all the forms of government that have ever blessed or cursed our race, without finding one which can he adopted by any State of this Union, except the single form of 'republican,' named in the Constitution. But can a State bereft of the right to frame its own mode of government be said to be possessed of 'sovereign' 'State rights,' or could a more effectual provision against their development have been formed than this? ”

“ Heartily accepting the spirit and intent of the Constitution and adhering to the principles laid down by Washington and Lincoln, we declare our conviction that we live under a Government of the People, by the People, for the People; and we repudiate any and all special or local interests or platforms or policies in conflict with the inherent rights and sovereign will of our People. ”

“ With a view, therefore, to preserve the rights and liberties of the people against unjust encroachments, and to secure the equal benefits of a free constitution, it is of vital importance to interpose some check against the undue exercise of the legislative power, which in every government is the predominating, and almost irresistible power. ”

“ I am sure that those who framed the system submitted to our investigation, and those who now support it, intend the establishment and security of the former. The supporters of the Constitution claim the title of being firm friends of the liberty and the rights of mankind. They say that they consider it as the best means of protecting liberty. We, sir, idolize democracy. Those who oppose it have bestowed eulogiums on monarchy. We prefer this system to any monarchy, because we are convinced that it has a greater tendency to secure our liberty and promote our happiness. ”

“ But the Constitutional revolution has enlarged the powers of Congress for the purpose of establishing and securing true and general self-government in all of these States, not for the purpose of circumscribing its scope and functions within narrower limits. ”