Page:Southern Historical Society Papers volume 12.djvu/503

 Some Great Constitutional Questions. 493

ties." and that the government formed was federal dind not naiional. Washington, Hamilton, Sherman, Ellsworth. Ames, Bowdoin, Mor- ris, and, in short, all the fathers, took the same view ; all recognizing the union of sovereign States.

Now, how is it possible for any informed person to doubt that sov- ereignty is, as James Wilson says, " in the people before they make a Constitution, and remams in them after it is made," i. <?., " in thirteen independent sovereignties" — to use his own words ? Of course the collective people, that is to say, societies, is meant, for only as organ- ized bodies can the people have political mind and act in govern- ment. New York, Massachusetts, Maryland, and the rest of the names in the Constitution, mean only " the people" called by those names — "the people of the United States." "The people," as States, have the only voters. "The people," as States, have all the federal representation. "The people," as States, "choose" and "appoint" and "commission" all representatives, senators and elec- tors of presidents from their own citizens. [Articles I and II.] " The people," as States, are to " establish " the Constitution through their conventions. [Article VII.] " The people," as States, are guaranteed by the associated States to be republics or self-governing peoples. [Article IV.] "The people," as States, are to make all amendments. [Article V.] Each State has suffrage in the Sen- ate, which can never end without her " coyisenty All these provisions of the constitution, especially the last, make obvious both mind in the State and sovereignty in mind. Denying this seat and residence of sovereign will is simple untruth — criminal, if coupled with knowledge.

WEBSTER AND CURTIS FULLY CONCEDE THE POINT

— The former saying, in 1833, that "sovereignty of government is unknown in North America." " All power is with the people." " Until the Constitution was ratified by nine States, it was but a pro- posal, the mere draft of an instrument, * * * inoperative paper, "the parties to the Constitution originally were the thirteen confed- erated States"; that it was " founded on compact and plighted laith" ; and that the individual States had " the exclusive possession of sov- ereignty." In 1850 he said " the Constitution was the bond, and the only bond, of the union of these States," and in 1S52, just before his death, he said they never intended " to consolidate themselves into
 * * it had no authority ; it spoke no language." In 1849 he said