"the people of the United States"
_citizens_ under the government to be established by it; for all of
those, by whose authority the constitution declares itself to be
established, must of course be presumed to have been made citizens under
it. And whether they were entitled or not to the right of suffrage, they
were at least entitled to all the personal liberty and protection, which
the constitution professes to secure to "the people" generally.
Who, then, established the constitution?
The preamble to the constitution has told us in the plainest possible
terms, to wit, that "We, _the people_ of the United States" "do ordain
and establish this constitution," &c.
By "the people of the United States," here mentioned, the constitution
intends _all_ "the people" then permanently inhabiting the United
States. If it does not intend all, who were intended by "the people of
the United States?"--The constitution itself gives no answer to such a
question.--It does not declare that "we, the _white_ people," or "we,
the _free_ people," or "we, a _part_ of the people"--but that "we, _the_
people"--that is, we the _whole_ people--of the United States, "do
ordain and establish this constitution."
If the _whole_ people of the United States were not recognized as
citizens by the constitution, then the constitution gives no information
as to what portion of the people were to be citizens under it. And the
consequence would then follow that the constitution established a
government that could not know its own citizens.
We cannot go out of the constitution for evidence to prove who were to
be citizens under it. We cannot go out of a written instrument for
evidence to prove the parties to it, nor to explain its meaning, except
the language of the instrument on that point be ambiguous. In this case
there is no ambiguity. The language of the instrument is perfectly
explicit and intelligible.
Because the whole people of the country were not allowed to vote on the
ratification of the constitution, it does not follow that they were not
made citizens under it; for women and children did not vote on its
adoption; yet they are made citizens by it, and are entitled as citizens
to its protection; and the state governments cannot enslave them. The
national constitution does not limit the right of citizenship and
protection by the right of suffrage, any more than do the state
constitutions. Under the most, probably under all the state
cons
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