n,
meant merely to say, that the people of the United States had, by the
blessing of Providence, enjoyed the opportunity of establishing a new
Constitution, _founded in the consent of the people_. This consent of
the people has been called, by European writers, the _social compact_;
and, in conformity to this common mode of expression, these conventions
speak of that assent, on which the new Constitution was to rest, as an
explicit and solemn compact, not which the States had entered into with
each other, but which the _people_ of the United States had entered
into.
Finally, Sir, how can any man get over the words of the Constitution
itself?--"WE, THE PEOPLE OF THE UNITED STATES, DO ORDAIN AND ESTABLISH
THIS CONSTITUTION." These words must cease to be a part of the
Constitution, they must be obliterated from the parchment on which they
are written, before any human ingenuity or human argument can remove the
popular basis on which that Constitution rests, and turn the instrument
into a mere compact between sovereign States.
The second proposition, Sir, which I propose to maintain, is, that no
State authority can dissolve the relations subsisting between the
government of the United States and individuals; that nothing can
dissolve these relations but revolution; and that, therefore, there can
be no such thing as _secession_ without revolution. All this follows, as
it seems to me, as a just consequence, if it be first proved that the
Constitution of the United States is a government proper, owing
protection to individuals, and entitled to their obedience.
The people, Sir, in every State, live under two governments. They owe
obedience to both. These governments, though distinct, are not adverse.
Each has its separate sphere, and its peculiar powers and duties. It is
not a contest between two sovereigns for the same power, like the wars
of the rival houses in England; nor is it a dispute between a government
_de facto_ and a government _de jure_. It is the case of a division of
powers between two governments, made by the people, to whom both are
responsible. Neither can dispense with the duty which individuals owe to
the other; neither can call itself master of the other: the people are
masters of both. This division of power, it is true, is in a great
measure unknown in Europe. It is the peculiar system of America; and,
though new and singular, it is not incomprehensible. The State
constitutions are established by th
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