59. It is not "levying war against " the nation or government. True pat- True Patriotism is Fidelity to the Commonwealth. riotism must be devotion and fidelity to one's commonwealth. institutes or laws, whether federal or domestic, must be obeyed by him, because she commands it. The state, voluntarily joined in defining the crime of treason against the United States, and punishing it. If one of them reverse her will, and disjoin herself, the duty and the crime cease, for cessante ratione legis cessat lex. Indignant expounder! hurl no bolt at me! for Hamilton is my shield: "The state governments," said he, "will, in all possible contingencies, afford complete security against invasions of the public liberty by national authority. In a confederacy, the people, without exaggeration, may be said to be entirely masters of their own fate." [Federalist, 28.] Government is Mental and Functional Action. The only mind exercised was that of the commonwealth. Such acts are natural, being just what society was formed for, and being just as little calculated to destroy, or, in any wise impair, the "moral person," i. e. the body-politic, as the functional action of the brain, heart, lungs, or stomach is to do so to the natural person. A republican commonwealth's acts of self-government, whether in making constitutions of government, or acting under them, are entirely functional, and not self-destructive or revolutionary, and the mistake of supposing the states were resolved into a new state, by the voluntary and separate action of the thirteen, is alike pitiable and pernicious. If the "public conviction" that this was done, was as Mr. Curtis claims, brought about by Daniel Webster, that great man is to be credited with having produced our "abomination of desolation," the war against statehood, resulting in the destruction of our glorious commonwealths! The Minds of the Political Bodies still live. As the establishment of the federal system was an act of mind, the acting wills must have lasted through the work they began, because they had to complete it, and afterwards cause obedience to it; and because the future duty of amendment, by the same wills, was contemplated and provided for: and accordingly it has been since done several times. "1 The same mental organism now exists in working order, with complete individuality, and separate mind and will. The states are not nationalized or consolidated into one. Nor are they in any respect changed either in form or substance. They still are the "union of states," or "united states:" but it remains to be seen whether their wills are enslaved - deprived of volition! whether the union, once voluntary — is now constrained! whether the once "free, sovereign and independent states" are shackled!-pinned together by bayonets !—whether, in fine, the once proud commonwealths of America are remanded to their provincialism! and brought under the most heartless and unconscionable of all despotisms, -a corporate monarchy ! 1 As "the constitution of the united states" contains the phrases, "united states," "union of states," and "citizens of states," or their equivalents, I will hereafter, for convenience, quote them thus the following actual phrases being my justification for the last two of them: "The several states . . . .. within this union." [Art. I. § 2.] "New states may be admitted. into this union." [Art. IV. § 3.] "Every state in this union." [Art. IV. § 4.] "The citizens of each state." [Art. IV. § 2.] "Citizens of another state." [Art. III. § 2.] "Citizens of different states." [Ibid.] "Citizens of the same state." [Ibid.] "A state or the citizens thereof." [Ibid.] "Citizens of another state." [Amendment XI.] CHAPTER IX. CONCLUSIVE EVIDENCE. To quote Massachusetts and New York, on the vital points pro pounded herein, will astonish and instruct the most of our people, while it will show an ample and solid basis for the foregoing theory, and mark a decisive step in the great argument. And their august testimony is all the more fit and forcible, from their being the main sources of perverting exposition, or so-called interpretation. As the people, in the functional performance of self-government, must act as they are organized and capacitated to do, and govern through agents, the security of their statehood and freedom must mainly be the honor and ability of their functionaries. And "the constitution," as Daniel Webster said, "lays its hand on individual conscience and individual duty," for its "preservation," requiring solemn oaths from its officials; so that one of them who "acts outside of the constitution," and uses powers not delegated, i.e. powers retained or kept, by the states, out of the constitution, is a perjured usurper, as well as a traitor. So, as to the preservation of the union by the commonwealths. They must observe and act on the terms, through oath-bound agents or representatives; and the sacred faith of each is pledged; so that, if the terms be violated, we have not only official perjury, but an exhibition of Punic faith, which should subject the violators to outlawry under the jus gentium. In a most studied report on the Missouri question, made to the people of Boston, in 1819, by Daniel Webster and others, as a committee [see Appendix E], he says that "the only parties to the constitution, contemplated by it originally, were the thirteen confederated states;" and that the terms of their union "rest on compact and plighted faith." The above expressions show that the hold, and perhaps the only hold, on rulers and states, is on their morality, honor, good faith and conscience, these, in fact, from the nature of the case, being the main securities of either republican or federal liberty. Now let Freedom "lay her hand on the individual conscience, and the individual duty" of Massachusetts and New York, for a statement by them of their record as to what our polity is. The Testimony of Massachusetts. - Assuming her to be what all publicists say a state is "a moral person;" crediting her with mind and moral sense; and appealing to her honor, plighted faith and conscience, she is respectfully asked what status and condition a state has in the union? She answers with her solemn record, made up most deliberately before the world, and under the eye of God, in the terms now to be given. - the In 1780, her people, through a convention, and under the inspiration of Freedom, made the declarations now to be quoted; and, decennially, ever since, they have re-declared the same great truths, very institutes of Freedom! all to be found in her present constitution, which supports, in all respects, as will be seen, the idea of the absolute sovereignty of the states in the union, association, or federation, whichever the system may be called. The Object of Government. - "The end of the institution, maintenance and administration of government, is to secure the existence of the body-politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying, in safety and tranquillity, their natural rights, and the blessings of life." The Social Compact. "The body-politic is formed by a voluntary asssociation of individuals. It is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good." "We, therefore, the people of Massachusetts," acknowledging the goodness of God, "in affording us" "an opportunity" "of entering into an original, explicit, and solemn compact with each other, and of forming a new constitution of civil government for ourselves and posterity, . . . do agree upon, ordain, and establish the following declaration of rights, and frame of government, as the constitution of the commonwealth of Massachusetts." A constituting or establishing of the body-politic, more formal and explicit, if possible, is the following, in part second of the constitution : "The people inhabiting the territory formerly called the province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body-politic, or state, by the name of the commonwealth of Massachusetts." This great exemplar of liberty here declares most emphatically, that the phrases "the people," "the body-politic," "the state," and "the commonwealth," mean the same, as to political existence, and capacity for self-government. It should be ever kept in mind that "the people" are "the state," and "the state ""the people." No Sovereignty in Government—all Functionaries Agents. —— "All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substi tutes and agents, and are at all times accountable to them." "Government is The State can change Government at Will. instituted for the common good: for the protection, safety, prosperity and happiness of the people. Therefore the people alone have an incontestable, inalienable, and indefeasible right to institute government, and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it." The State to remain Sovereign over Government. - Upon declaring the above, she seemed to stop deeply reflect-gather strength of will and expression - and imperially declare; as if to prevent forever the possibility of agency swelling to sovereignty, and rising above the states that establish it: "that THE PEOPLE of this commonwealth have the sole and exclusive right of governing themselves as a free, SOVEREIGN, and independent STATE, and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them, expressly delegated to the united states of America, in Congress assembled." [The above italics are the author's.] In conformity with this declaration that "the people of this commonwealth" have the "exclusive right of governing themselves" “ as a sovereign state;" and that they "will forever exercise" every power which is not "by them delegated" to the associated states; Massachusetts most carefully puts her whole adult male population on a war footing; and commands her governor to use them, to "kill, slay, and destroy," all such persons (including of course federal ones) as "shall attempt the destruction, invasion, detriment, or annoyance of this commonwealth;" she exacts an oath of allegiance from all officials, military or other; and punishes a violation of the same (i. e. treason), with death! all of which will be fully shown further along. New York testifies idem sonans. - In 1776, she, as a provincial body-politic, joined twelve others, in declaring their independence. Each was represented by her own deputies, and they were thus able to co-act in congress. Whatever was done, was by a concurrence of individual wills. In 1777, her first constitution was established, containing the fol |