lies that the people of
Massachusetts and those of Virginia were mere fractional parts of one
political community, it must in the former imply a like unity among the
Philistines, the Egyptians, the Assyrians, Babylonians, and Persians,
and all other "people of the earth," except the Israelites. Scores of
examples of the same sort might be cited if it were necessary.[42]
In the Declaration of Independence we find precisely analogous instances
of the employment of the singular form for both singular and plural
senses--"one people," "a free people," in the former, and "the good
people of these colonies" in the latter. Judge Story, in the excess of
his zeal in behalf of a theory of consolidation, bases upon this last
expression the conclusion that the assertion of independence was the act
of "_the whole people_ of the united colonies" as a unit; overlooking or
suppressing the fact that, in the very same sentence, the colonies
declare themselves "free and independent _States_"--not a free and
independent _state_--repeating the words "independent States" three
times.
If, however, the Declaration of Independence constituted one "_whole
people_" of the colonies, then that geographical section of it, formerly
known as the colony of Maryland, was in a state of revolt or "rebellion"
against the others, as well as against Great Britain, from 1778 to 1781,
during which period Maryland refused to ratify or be bound by the
Articles of Confederation, which, according to this theory, was binding
upon her, as a majority of the "whole people" had adopted it. _A
fortiori_, North Carolina and Rhode Island were in a state of rebellion
in 1789-'90, while they declined to ratify and recognize the
Constitution adopted by the other eleven fractions of this united
people. Yet no hint of any such pretension--of any claim of authority
over them by the majority--of any assertion of "the supremacy of the
Union"--is to be found in any of the records of that period.
It might have been unnecessary to bestow so much time and attention in
exposing the absurdity of the deductions from a theory so false, but for
the fact that it has been specious enough to secure the countenance of
men of such distinction as Webster, Story, and Everett; and that it has
been made the plea to justify a bloody war against that principle of
State sovereignty and independence, which was regarded by the fathers of
the Union as the corner-stone of the structure and the basis
|