Page:Nature and Character of our Federal Government.djvu/70

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56
TRUE NATURE AND CHARACTER OF

as paupers, vagabonds, &c., to all the privileges of citizens of every other State, when within the territories thereof; but this was by express compact in the articles of confederation, and did not otherwise result from the nature of their political connexion. It was only by virtue of citizenship in some particular State, that its citizens could enjoy within any other State the rights of citizens thereof. They were not known as citizens of the United States, in the legislation either of congress or of the several States. He who ceased to be a citizen of some particular State, without becoming a citizen of some other particular State, forfeited all the rights of a citizen in each and all of the States. There was no one right which the citizen could exercise, and no one duty which he could be called on to perform, except as a citizen of some particular State. In that character alone could he own real estate, vote at elections, sue or be sued; and in that character alone could he be called on to bear arms, or to pay taxes.

What, then, was this citizenship of the United States, which [ *57 ]*involved no allegiance, conferred no right and subjected to no duty? Who were "the people of the United States?" Where was their domicil, and what were the political relations, which they bore to one another? What was their sovereignty, and what was the nature of the allegiance which it claimed? Whenever these questions shall be satisfactorily answered without designating the people of the several States, distinctively as such, I shall feel myself in posession of new and unexpected lights upon the subject.

Even, however, if we concede that there was such a people as "the people of the United States," our author's position is still untenable. I admit that the people of any country may, if they choose, alter, amend or abrogate their form of government, or establish a new one, without invoking the aid of their constituted authorities. They may do this, simply because they have the physical power to do it, and not because such a proceeding would be either wise, just, or expedient. It would be revolution in the strictest sense of the term. Be this as it may, no one ever supposed that this course was pursued in the case under consideration. Every measure, both for the calling of the convention and for the ratification of the constitution, was adopted