Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As early as 1754 these Americans began to feel the first real burden
of their legal status as “subjects.” Their community wealth was
beginning to attract the attention of the world. As a result, the
legal Government awoke to the fact of their existence and of its own
omnipotent ability to levy upon that wealth. The Americans, for more
than a century educated in actual self-government, quickly showed the
result of that education to the accurate knowledge that no government
can have any just power except by the consent or grant of those to be
governed by the exercise of such power. As far back as 1754, deputies
of the various American colonies, where human beings had educated
themselves to be free men, assembled at Albany in an endeavor to
propose some compromise by which the American people would be enabled
to preserve their human freedom against unjust interference by the
Westminster Legislature. We are all familiar with the failure of
that endeavor. We are all familiar with the successive steps of the
continuing struggle between “subjects,” educated to be “citizens,” and
an omnipotent government, unshaken in its purpose to make their actual
status the same as their legal one.
When the year 1776 dawned, these Americans were still “subjects” under
the law of the British Empire. They were, however, “subjects” in open
rebellion against their government, justifying their rebellion on
the basic American legal principle that every just power, even of a
lawful government, must be derived from the consent or grant of the
human beings themselves who are to be governed. On the memorable day
in July of that year, despairing of any success in getting the British
Government to recognize that basic principle, and asserting, for the
first time in history, that they themselves were collectively the
possessors of the supreme human will in and for America, they enacted
the immortal Statute which we know as the Declaration of Independence.
The Declaration of Independence, _which was the first political act
of the American people in their independent sovereign capacity_, lays
the foundation of our national existence upon this broad proposition:
“That all men are created equal; that they are endowed by their
Creator with certain inalienable rights; that among these are life,
liberty, and the pursuit of happiness.” (Justice Bradley’s opinion in
Slaughter House Cases, 16 _Wall._ 36, at page 115.)
Public-domain text, read in full here on John Shaqi.
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