To say that the people of this country ever have bound, or ever could
bind, themselves by any contract whatever--the Constitution, or any
other--to thus give away all their natural rights of property, liberty,
and life, into the hands of a few men--a mere conclave--and that they
should make it a part of the contract itself that these few men should
be held legally irresponsible for the disposal they should make of those
rights, is an utter absurdity. It is to say that they have bound
themselves, and that they could bind themselves, by an utterly idiotic
and suicidal contract.
If such a contract had ever been made by one private individual to
another, and had been signed, sealed, witnessed, acknowledged, and
delivered, with all possible legal formalities, no decent court on
earth--certainly none in this country--would have regarded it, for a
moment, as conveying any right, or delegating any power, or as having
the slightest legal validity, or obligation.
For all the reasons now given, and for still others that might be given,
the legislative power now exercised by Congress is, in both law and
reason, a purely personal, arbitrary, irresponsible, usurped dominion on
the part of the legislators themselves, and not a power delegated to
them by anybody.
Yet under the pretense that this instrument gives them the right of an
arbitrary and irresponsible dominion over the whole people of the United
States, Congress has now gone on, for ninety years and more, filling
great volumes with laws of their own device, which the people at large
have never read, nor even seen, nor ever will read or see; and of whose
legal meanings it is morally impossible that they should ever know
anything. Congress has never dared to require the people even to read
these laws. Had it done so, the oppression would have been an
intolerable one; and the people, rather than endure it, would have
either rebelled, and overthrown the government, or would have fled the
country. Yet these laws, which Congress has not dared to require the
people even to read, it has compelled them, at the point of the bayonet,
to obey.
And this moral, and legal, and political monstrosity is the kind of
government which Congress claims that the Constitution authorizes it to
impose upon the people.
Sir, can you say that such an arbitrary and irresponsible dominion as
this, over the properties, liberties, and lives of fifty millions of
people--or even over the property, liberty, or life of any one of those
fifty millions--can be justified on any reason whatever? If not, with
what color of truth can you say that you yourself, or anybody else, can
act as a legislator, under the Constitution of the United States, and
yet be an honest man?
Public-domain text, read in full here on John Shaqi.
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