Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
This reasoning will hold good, unless it is supposed that the separation
which took place between these States and Great Britain, not only
dissolved the union between those countries, but dissolved the union
among the citizens themselves: that the original compact, which made
them altogether one society, being dissolved, they could not fall into
pieces, each part making an independent society; but must individually
revert into a state of nature; but I do not conceive that this was, of
necessity, to be the case; I believe such a revolution did not
absolutely take place. But in supposing that this was the case, lies the
error of the memorialist. I conceive the colonies remained as a
political society, detached from their former connection with another
society, without dissolving into a state of nature; but capable of
substituting a new form of government in the place of the old one, which
they had, for special considerations, abolished. Suppose the State of
South Carolina should think proper to revise her constitution, abolish
that which now exists, and establish another form of government: surely
this would not dissolve the social compact. It would not throw them back
into a state of nature. It would not dissolve the union between the
individual members of that society. It would leave them in perfect
society, changing only the mode of action, which they are always at
liberty to arrange. Mr. SMITH being then, at the declaration of
independence, a minor, but being a member of that particular society,
he became, in my opinion, bound by the decision of the society, with
respect to the question of independence and change of Government; and if
afterwards he had taken part with the enemies of his country, he would
have been guilty of treason against that Government to which he owed
allegiance, and would have been liable to be prosecuted as a traitor.
So far as we can judge by the laws of Carolina, and the practice and
decision of that State, the principles I have adduced are supported; and
I must own, that I feel myself at liberty to decide, that Mr. SMITH was
a citizen at the declaration of independence, a citizen at the time of
his election, and, consequently, entitled to a seat in this Legislature.
Public-domain text, read in full here on John Shaqi.
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