titutions, there are persons who are denied the right of
suffrage--but they are not therefore liable to be enslaved.
Those who did take part in the actual ratification of the constitution,
acted in behalf of, and, _in theory_, represented the authority of the
whole people. Such is the theory in this country wherever suffrage is
confined to a few; and such is the virtual declaration of the
constitution itself. The declaration that "we _the people_ of the United
States do ordain and establish this constitution," is equivalent to a
declaration that those who actually participated in its adoption, acted
in behalf of all others, as well as for themselves.
Any private intentions or understandings, on the part of one portion of
the people, as to who should be citizens, cannot be admitted to prove
that such portion only were intended by the constitution, to be
citizens; for the intentions of the other portion would be equally
admissible to exclude the exclusives. The mass of the people can claim
citizenship under the constitution, on no other ground than as being a
part of "the people of the United States;" and such claim necessarily
admits that all other "people of the United States" are equally
citizens.
That the designation, "We the people of the United States," included the
whole people that properly belonged to the United States, is also proved
by the fact that no exception is made in any other part of the
instrument.
If the constitution had intended that any portion of "the people of the
United States" should be excepted from its benefits, disfranchised,
outlawed, enslaved, it would of course have designated these exceptions
with such particularity as to make it sure that none but the true
persons intended would be liable to be subjected to such wrongs. Yet,
instead of such particular designation of the exceptions, we find no
designation whatever of the kind. But on the contrary, we _do_ find, in
the preamble itself, a sweeping declaration to the effect that there are
no such exceptions; that the whole people of the United States are
citizens, and entitled to liberty, protection, and the dispensation of
justice under the constitution.
If it be admitted that the constitution designated its own citizens,
then there is no escape from the conclusion that it designated the
whole people of the United States as such. On the other hand, if it be
denied that the constitution designated its own citizens, one of these
two
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