Imagens das páginas
PDF
ePub

than a proposal until sanctioned by the confederation Congress, by the state Legislatures, and by the people of the several states, in conventions specially assembled, by authority of their Legislatures, for the single purpose of examining and passing upon it

And thus was consummated the work, commenced by the Declaration of Independence. A work in which the people of the North American Union, acting under the deepest sense of responsibility to the Supreme Ruler of the universe, had achieved the most transcendent act of power, that social man in his mortal condition can perform. Even that of dissolving the ties of allegiance which he is bound to his country of renouncing that country itself of demolishing its government, of instituting another government, and of making for himself another country in its stead.

And on that day, of which you now commemorate the fiftieth anniversary-on that 30th day of April, one thousand seven hundred and eighty-nine, was this mighty revolution, not only in the affairs of our own country, but in the principles of government over civilized man, accomplished.

The revolution itself was a work of thirteen yearsand had never been completed until that day. The Declaration of Independence and the Constitution of the United States, are parts of one consistent whole, founded upon one and the same theory of government, then new, not as a theory, for it had been working itself into the mind of man for many ages, and been especially expounded in the writings of Locke, but

had never before been adopted by a great nation in practice.

There are yet, even at this day, many speculative objections to this theory. Even in our own country, there are still philosophers who deny the principles asserted in the Declaration, as self-evident truths-who deny the natural equality and inalienable rights of manwho deny that the people are the only legitimate source of power - who deny that all just powers of government are derived from the consent of the governed. Neither your time, nor perhaps the cheerful nature of this occasion, permit me here to enter upon the examination of this anti-revolutionary theory, which arrays state sovereignty against the constituent sovereignty of the people, and distorts the Constitution of the United States into a league of friendship between confederate corporations. I speak to matters of fact. There is the Declaration of Independence, and there is the Constitution of the United States -let them speak for themselves. The grossly immoral and dishonest doctrine of despotic state sovereignty, the exclusive judge of its own obligations, and responsible to no power on earth or in heaven, for the violation of them, is not there. The Declaration says it is not in me. The Constitution says it is not in me.

The confederacy of sovereign states has made itself known by its fruits; but there is one observation so creditable to our revolutionary fathers, that it ought never to be overlooked. The defects of the confederacy were vices of the institution, and not of the men by

whom it was administered. The jealousy of delegated power pervaded every part of the articles of confederacy, and indeed, almost all the separate constitutions. The prevailing principle of every provision made under the influence of this distrusting maxim, was that the same power should not long be intrusted to the same hands - but it never extended to the exclusion of any person from office, after a designate term of service in another. One of the articles of confederation had interdicted every person from holding the office of a member of Congress more than three years in six. But any member excluded by the expiration of his limited term of service in Congress, was eligible to any other station in the legislative, executive, or judicial departments of his state, or to any office, civil or military, within the general jurisdiction of Congress.

In point of fact, the great measures by which the revolution was commenced, conducted, and concluded, were devised and prosecuted by a very few leading minds, animated by one pervading, predominating spirit. The object of the Revolution was the transformation of thirteen dependant and oppressed English colonies, into one nation of thirteen confederated states. It was as the late Mr. Madison remarked to Miss Martineau, an undertaking to do that which had always before been believed impossible. In the progress to its accomplishment, obstacles almost numberless, and difficulties apparently insurmountable, obstructed every step of the way. That in the dissolution and re-institution of the social compact, by men marching over an untrodden path to

the very fountains of human government, great and dangerous errors should have been committed, is but an acknowledgment that the builders of the new edifice were fallible men. But at the head of the convention that formed the Constitution, was George Washington, the leader of the armies of the Revolution-among its prominent members were Benjamin Franklin and Roger Sherman, two of the members of that memorable committee who had reported the Declaration of Independence—and its other members without exception, were statesmen who had served in the councils of the Union, throughout the Revolutionary struggle, or warriors who had contended with the enemy upon the field.

The Signers of the Declaration of Independence themselves, were the persons who had first fallen into the error of believing that a confederacy of independent states would serve as a substitute for the repudiated government of Great Britain. Experience had demonstrated their mistake, and the condition of the country was a shriek of terror at its awful magnitude. They did retrace their steps-not to extinguish the federative feature in which their union had been formed: nothing could be wider from their intention-but to restore the order of things conformably to the principles of the Declaration of Independence, and as they had been arranged in the first plans for a confederation. To make the people of the Union the constituent body, and the reservation of the rights of the states subordinate to the Constitution. Hence the delegation of

power was not from each state retaining it sovereignty, and all rights not expressly delegated by the states, but from the people of each and of all the states, to the United States in Congress assembled, representing at once the whole people and all the states of the Union.

They retained the federative feature pre-eminently in the constitution of the Senate, and in the complication of its great powers, legislative, executive, and judicial-making that body a participant in all the great departments of constituted power. They preserved the federative principle and combined it with the constituent power of the people in the mode of electing the President of the United States, whether by the electoral colleges, or by the House of Representatives voting by states. They preserved it even in the constitution of the House, the popular branch of the Legislature, by giving separate delegations to the people of each state. But they expressly made the Constitution and constitutional laws of the United States paramount not only to the laws, but to the constitutions of the separate states inconsistent with them.

I have traced step by step, in minute and tedious detail, the departure from the principles of the Declaration of Independence, in the process of organizing the confederation-the disastrous and lamentable consequences of that departure, and the admirable temper and spirit, with which the Convention at Philadelphia returned to those principles in the preparation and composition of the Constitution of the United States.

« AnteriorContinuar »