The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-31

| that society In France Is much disturbed tina
ideas the most natural, the most evident and mos
universally recognized, are called in question, au
daciously denied, SO that their demonstration be
comes proper il not necessary. The difficulty
| and delicacy Of such a task (the task of proving
the evidently must be obvious to every rightly
constituted and instructed mind. The object OF
the essay of Theirs is TO establish that the ac-
QUESTION and transmission Of property involves
no injustice, much less larceny. We feel some
thing of the same in setting out to prove the sove-
reignty of the people Of the several States Of the
Union, and their paramount claims upon their
citizens for allegiance.
! An examination Of the process by which the
inhabitants Of the territory of Alabama became
the "people" Of Alabama, forming themselves
INTO afee aud Independent state, and deliberately
ordaining, as the corner stone Of their political
fabric, that call political power is inherent in the
people and all free governments are founded on their
authority and instituted for their benefit, !" with the
correatve right to alter to abolish their govern
ments, has placed this subject mainly and unms-
takably before us. With this constitution in the
hands OF her people and in the hands Of Congress,
the State Of Alabama consented to form one Of
the States of the Federal Union. The people of
the States who formed the constitution had given
Congress the power to yield their consent TO the
admission of new States. Thus, by the consent
of Alabama, acting for herself, and the Congress,
acting for the confederacy, was the compact OF
union formed, and Alabama became a member Of
it. This constitution Of Alabama was pronounced
republican in the very act by which the co-States
recognized her existence and agreed to the new
association. 1t is not disposition to pronounce
the acts of the people unmeaning or foolish. We
bow before them as the expressions of the highest
power on the earth. We acknowledge our duty
to revere, TO regard and to support the Consttu-
OF the United States, because the people of Ala
bama have imposed upon us the supreme law.
we value our title as citizen of the United States,
because the people Of the State in which we were
born and in which we live have established the
confederacy and constituted defined relation
ship between their citizens and the citizens Of
other States of that confederacy. We shall ad-
here with religious fidelity to that Constitution
and union so long, and no longer, than il is the
will ofthe people of Alabama that it shall be their
law. Their right to reform or to abolish theirform
Of government they have declared to be g unaen-
able and indefeasible," This right l shall never
dispute.
We have taken the case of Alabama, because
the facts Of her history stand out in dim or OBJ
scure light. Sovereignty is written on every page
Of her social compact, The existence Of govern
ment within her limits, being dependent upon the
penipotence and fullness Of the suAiciency of the
will OF her people, rests on no equvocal assertion.
The rights ofthe people other States ofthe Union
are not less clear.
The Constitution of the United States became
law to the people Of the several states only by their
consent and to obtain results in which they were
interested. The Constitution was formed by the
people, each people acting for themselves only
The citizen of the several states became obedient
to the Constitution, only because it was the will of
the people of his State to receive that Constitution
a part of the government and law of the State
That no State surrendered its power fselfgovern-
ment, OF that great "unalienable and indefeasible
right" to alter its government when the existing
form is found to be fatal to its happiness is perfect
Ix hytn hot Gtuta ,do~a ~ ht
determine in the last resort upon the suficiency of
the government to answer the ends Of its organiza-
ton, is plainly indicated, even if any expression
is needful. We have seen the action of Alabama.
Pennsylvania, in ITO, adopted declaration which
embraced the same conclusion in the same Ian
guage ~. 80, !,
ethey have the sole and exclusive right Of govern
ing themselves, as free, sovereign and indepen-
dent State and do, and forever hereaftershal exer
else and enjoy every power, jurisdiction and right
pertaining thereto, which is not, may not here
after, be expressly delegated to the United States
Of America, in Congress assembled In the same
act they proceed to declare "that whenever the
ends of government are perverted or public liberty
manfestly endangered, and all other means of re-
dress are Intellectual, the people may, and of right
ought to, reform the DID, or establish new govern
ment. The doctrine of non-resistance against ar
bitrary power is absurd, savish and destructive OF
the good and happiness Of mankind"
Massachusetts, by her constitution of 1889, as
serts that sthe people have an incontestible una
lenable and indefeasible right to institute govern
ment and to reform, alter orfofaliy change the same
when their protection, safety, prosperity and hap
piness require it.
These declarations, asserting the supreme sove-
| reignty Of THE PEOPLE Of the States over govern
ment, are not confined to a period preceding or
following the ratification Of the Federal consttu-
| ton by the people of the States. New York, in
her very ratifyng act asserts g that all power is
originally vested in, and consequently derived from
the people, and "that the powers of government
may be REAssUMED by the PEOPLE whatsoever it
shall become necessary to their happiness. =
Rhode Island, feeble and surrounded by powerful
States, was not willing to commit an act Of suicide
in the adoption Of the Federal government. Rhode
Island, IN the act by which she consented to be-
| come a member of the Union, declares that there
| are certain natural rights of which men, when
| they form social compact, cannot deprive or
dives their posterity, among which are the enjoy
ment Of life and liberty, with the means of ac-
quiring, possessing and protecting property and
pursuing and obtaining happiness and safety. -
The State asserts the right to RESUME the powers
Of government when it becomes necessaryto their
happiness. Virginia, that great and venerable
champion Of the American ideas of the rights of
the people to govern themselves, in her act Of ra-
hcation, asserted the power for the people Of all
the States of the Union to maintain their respec-
| tive liberties. She says, the powers granted
under the Constitution being derived from the
people Of the United States may be RESUMED by
| them, whatsoever the same shall be perverted to
their injury or oppression, and every power not
granted thereby remain with them and at theil
| WILL"
| These rights Of the "people" are not revolu.
tionary powers. The power to create rev ou
ton rests in individuals and is power subversive
of government and society. The right of the
people is sacred righs--a paramount right--a
! right that no government can without treason re-
sist. 1t is the fundamental idea of Americon
society. II is upon this idea that all governments,
whether State or Federal, receive their existence
and hold their authority. II is the adoption OF
this idea, as binding the faith, guiding the con-
science and controlling the will ofthe citizens and
as determining his place in society, that ascertains
his allegiance. Sovereignty is one and allegiance
is one. Sovereignty belongs to that power that
institutes government and may abolish it, and
allegiance is due only to that power. All then
that citizen Of Alabama can recognize OF sove-
regny, all that he can owe Of allegiance, is to the
people Of Alabama
GEORGE MASON.
/ The FRENCH REPUBLIc.-M. Theirs, in his re