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
obligation 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 such 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.