To say that the arbitrary and irresponsible dominion, that is exercised
by Congress, has been delegated to it by the Constitution, _and not
solely by the secret ballots of the voters for the time being_, is the
height of absurdity; for what is the Constitution? It is, at best, a
writing that was drawn up more than ninety years ago; was assented to at
the time only by a small number of men; generally those few white male
adults who had prescribed amounts of property; probably not more than
two hundred thousand in all; or one in twenty of the whole population.
Those men have been long since dead. They never had any right of
arbitrary dominion over even their contemporaries; and they never had
any over us. Their wills or wishes have no more rightful authority over
us, than have the wills or wishes of men who lived before the flood.
They never personally signed, sealed, acknowledged, or delivered, or
dared to sign, seal, acknowledge, or deliver, the instrument which they
imposed upon the country as law. They never, in any open and authentic
manner, bound even themselves to obey it, or made themselves personally
responsible for the acts of their so-called agents under it. They had no
natural right to impose it, as law, upon a single human being. The whole
proceeding was a pure usurpation.
In practice, the Constitution has been an utter fraud from the
beginning. Professing to have been "ordained and established" by "_we,
the people of the United States_," it has never been submitted to them,
as individuals, for their voluntary acceptance or rejection. They have
never been asked to sign, seal, acknowledge, or deliver it, as their
free act and deed. They have never signed, sealed, acknowledged, or
delivered it, or promised, or laid themselves under any kind of
obligation, to obey it. Very few of them have ever read, or even seen
it; or ever will read or see it. Of its legal meaning (if it can be said
to have any) they really know nothing; and never did, nor ever will,
know anything.
Why is it, Sir, that such an instrument as the Constitution, for which
nobody has been responsible, and of which few persons have ever known
anything, has been suffered to stand, for the last ninety years, and to
be used for such audacious and criminal purposes? It is solely because
it has been sustained by the same kind of conspiracy as that by which it
was established; that is, by the wealth and the power of those few who
were to profit by the arbitrary dominion it was assumed to give them
over others. While the poor, the weak, and the ignorant, who were to be
cheated, plundered, and enslaved by it, have been told, and some of them
doubtless made to believe, that it is a sacred instrument, designed for
the preservation of their rights.
Public-domain text, read in full here on John Shaqi.
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