It is true that these earlier Americans have clearly in mind the most important factor in both the Tenth Amendment and the Fifth Article. But it must not be forgotten that Pendleton and Wilson and the Americans of that day, in making our Constitution, in constituting a new government and giving to it some powers over the freedom of human beings, were acting entirely outside any written law except the Statute of ’76. Is not their example a sound precedent for those who are now constituting a new government of Americans and giving it power over their freedom, for those who made the Eighteenth Amendment and those who upheld its validity? What if the makers of the new government are themselves government? If governments choose to act outside of all written law and to ignore that part thereof which is the important factor of the Tenth Amendment and the Fifth Article, are these governments not emulating the example of the American people in 1787? True, these American people did act in strict conformity to the Statute of 1776, and this modern constitution of new government by government is not in conformity with that Statute. But was not that Statute itself the revolt of human beings against government? If human beings, by successful revolt against government, could change themselves from subjects to citizens, why cannot government, by successful revolt against human beings, change them from citizens to subjects? If, however, Sheppard and Webb and those of their Tory faith insist that the new constitution of government is in _our_ Constitution, and put there validly, under claimed grant from us to state governments of omnipotence over American citizens, we, on our part, know that their claim is without the slightest support. Moreover, our knowledge in that respect is knowledge of indisputable legal fact. That the fact would be equally indisputable, even if our Constitution was a compact between states, as Calhoun did claim, and as Sheppard does claim, we can clearly demonstrate even to Sheppard himself. Our education with the earlier Americans, who changed their status from that of subject to citizen, has taught us all we need for that demonstration. Let us assume, what Sheppard asserts, that the states made the Constitution, that it _is_ a compact between states. Sheppard is a Texan. If our Constitution is a compact between states, the State of Texas is one of the parties to that compact. We ask Sheppard whether he and the other Texans _are_ the State of Texas or whether the legislative government in Texas is the State of Texas? If he answers that the Texas legislature is the State of Texas, we proceed no further. That answer will be his frank confession that the Texan is a subject of the Texas government and not a citizen or member of the Texas State.