It is plain, then, that on general principles of law and reason — such
principles as we all act upon in courts of justice and in common life —
the Constitution is no contract; that it binds nobody, and never did bind
anybody; and that all those who pretend to act by its authority, are
really acting without any legitimate authority at all; that, on general
principles of law and reason, they are mere usurpers, and that everybody
not only has the right, but is morally bound, to treat them as such.
If the people of this country wish to maintain such a government as the
Constitution describes, there is no reason in the world why they should
not sign the instrument itself, and thus make known their wishes in an
open, authentic manner; in such manner as the common sense and experience
of mankind have shown to be reasonable and necessary in such cases; and
In such manner as to make themselves (as they ought to do) individually
responsible for the acts of the government. But the people have never
been asked to sign it. And the only reason why they have never been asked
to sign it, has been that it has been known that they never would sign
it; that they were neither such fools nor knaves as they must needs have
been to be willing to sign it; that (at least as it has been practically
interpreted) it is not what any sensible and honest man wants for himself;
nor such as he has any right to impose upon others. It is, to all moral
intents and purposes, as destitute of obligations as the compacts which
robbers and thieves and pirates enter into with each other, but never sign.
If any considerable number of the people believe the Constitution to be
good, why do they not sign it themselves, and make laws for, and administer
them upon, each other; leaving all
other persons (who do not interfere with
them) in peace? Until they have tried the experiment for themselves, how
can they have the face to impose the Constitution upon, or even to
recommend it to, others? Plainly the reason for absurd and inconsistent
conduct is that they want the Constitution, not solely for any honest or
legitimate use it can be of to themselves or others, but for the dishonest
and illegitimate power it gives them over the persons and properties of
others. But for this latter reason, all their eulogiums on the Constitution,
all their exhortations, and all their expenditures of money and blood to
sustain it, would be wanting.