duals, and to
lay taxes and imposts without the consent of the States. Everywhere, it
was understood to be a popular Constitution. It came to the people for
their adoption, and was to rest on the same deep foundation as the State
constitutions themselves. Its most distinguished advocates, who had been
themselves members of the Convention, declared that the very object of
submitting the Constitution to the people was, to preclude the
possibility of its being regarded as a mere compact. "However gross a
heresy," say the writers of the Federalist, "it may be to maintain that
a party to a _compact_ has a right to revoke that _compact_, the
doctrine itself has had respectable advocates. The possibility of a
question of this nature proves the necessity of laying the foundations
of our national government deeper than in the mere sanction of delegated
authority. The fabric of American empire ought to rest on the solid
basis of THE CONSENT OF THE PEOPLE."
Such is the language, Sir, addressed to the people, while they yet had
the Constitution under consideration. The powers conferred on the new
government were perfectly well understood to be conferred, not by any
State, or the people of any State, but by the people of the United
States. Virginia is more explicit, perhaps, in this particular, than any
other State. Her convention, assembled to ratify the Constitution, "in
the name and behalf of the people of Virginia, declare and make known,
that the powers granted under the Constitution, _being derived from the
people of the United States_, may be resumed by them whenever the same
shall be perverted to their injury or oppression."
Is this language which describes the formation of a compact between
States? or language describing the grant of powers to a new government,
by the whole people of the United States?
Among all the other ratifications, there is not one which speaks of the
Constitution as a compact between States. Those of Massachusetts and New
Hampshire express the transaction, in my opinion, with sufficient
accuracy. They recognize the Divine goodness "in affording THE PEOPLE OF
THE UNITED STATES an opportunity of entering into an explicit and solemn
compact with each other, _by assenting to and ratifying a new
Constitution_." You will observe, Sir, that it is the PEOPLE, and not
the States, who have entered into this compact; and it is the PEOPLE of
all the United States. These conventions, by this form of expressio
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