Page:Review of the Proclamation of President Jackson.djvu/72

 only by the agency of the several States, I will next enquire by whom it may be altered?

The fifth article of the Constitution itself, answers this question. It will there be seen, that where amendments are proposed by two-thirds of both branches of Congress, or by a Convention called for proposing amendments, in either case, such amendments cannot be valid as parts of the Constitution, until the amendments so proposed shall be "ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress." By this it is obvious, that the States who established and who preserve this Constitution, can alter it; and the only difference between the powers exerted to create and to alter, is merely this, that in the creation, the assent of each State was necessary to make it obligatory upon each; but it may be amended by the concurrence of three-fourths only of the States, and amendments when so ratified, will be obligatory upon all. In this mode it has been four times amended. If, then, these States have created, do preserve, and may at any time (three-fourths of them consenting) alter this Constitution, and this too according to its own provisions, is it not idle to say, that htey are not sovereign, because they have surrendered many of their essential parts of sovereignty by this Instrument? They may have surrendered much of their power, much of their jurisdiction, and many of their rights, by this Instrument; but one right they have not surrendered, certainly, and that is their right to alter this instrument itself, and so cancel by their will, the very act their will created, and by which, it is said, they have deprived themselves of their Sovereignty.

This very right to make and to alter government when made, is Sovereignty. It constitutes the possessor of it the earthly superior of those who are the earthly superiors of all others, and so makes Supremacy in that land where the right is admitted to exist.

I will pursue this examination further, in another number.