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Justice Iredell, of the Supreme Court, (vol.
lii, Elliott's debates,) says:
"Our government is founded on much nobler
principles. The people are known with certain-
" to have originated it themselves. Those in
power are their servants and agents; and the peo-
ple without ihtir consent, may remodel the gov-
ernment whenever they think proper, not mere-
ly because it is oppressively exercised, but be-
cause they think another form is more conducive to
tkeir welfare." — [Story's Commentaries, vol. i,
page 326 ]
Hamilton (Federalist, No. 22,) says :
"The fabric of American empire ought to rest
on the solid basis of the consent of the people. The,
si reams of national power ought to flow immedi-
ately from that pure original fountain of all le-
gitimate authority."
Jay, chief justice of the United States Supreme
Court, says:
"At the revolution, the sovereignty devolved on
the people, and they are 'truly the sovereigns of
the country; but they are sovereigns without sub-
jects, (unless the African slaves among us may
besocalled,) and have none to govern but them-
selves; the citizens of America are equal as fel-
low-citizens, and as joint tenants in the sover-
eignty."— [2 Dallas' Reports, 419.]
Marshall, chief justice United States Supreme
Court, say:
"it has been said that the people had already
surrendered all their powers to the State sover-
eignties, and had nothing more to give. But,
surely, the question whether they may resume
and modify the powers granted to government,
does not remain to be settled in this country.
[4 Wheaton's Reports, 405.]
Justice Wilson, a signer of the Declaration oi
Independence, a member of the Convention of
1787, which framed the Constitution of the Uni-
ted States, and afterwards a judge of the Su-
preme Couit of the United States, says:
"Of the right of a majority of the whole people
to change their government at will, there is no
doubt."— [1 Wilson, 418; 1 Tucker's Black.
Comm. 165, cited 324 p., vol i, Story's Comm.]
Again he says:
"Perhaps some politician, who has not consid-
ered with sufficient accuracy, our political sys-
tems, would answer in our government, the su-
preme power was vested in the Constitution.
This opinion approaches a step nearer to the
truth, (than the supposition that it resides in the
Legislatures,) but does not reach it. The truth
is, that, in our government, the supreme, abso-
lute, and uncontrolable power remains in the
people. As our Constitutions are superior to our
legislatures, ao the people are superior to our
Constitutions. Indeed, the superiority in this
last instance is much greater; for the people pos-
sess, over our Constitutions, control in act as well
as right."— [Wilson's Works, vol. iii.p. 292.]
A gain he says:
"The consequence is.that the people may change
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he Consti tution whenever and however they please.
This is a right of which no positive institutions
can deprive them.
"These important truths, are far from being
merely speculative; we, at this moment speak
and deliberate under their immediate and benign
nfluence. To the operation of these truths, we
are to ascribe the scene, hitherto unparalleled,
which America now exhibits to the world, a gen-
tle, a peaceful, a voluntary and a deliberate tran-
sition from one Constitution of government to an-
other, (from the confederation to the Constitu-
tion of the United States.) In other parts of the
world, the idea of revolution in government is by
a mournful and indissoluble associations, con-
nected with the idea of wars, and all the calami-
ties attendant on war.
"But happy experience teaches us to view
such revolutions in a very different light — to con-
sider them as progressive steps in improving the
knowledge of government, and increasing the
happiness of society and mankind.
"Oft have I viewed with silent pleasure and
admiration, the force and prevalence through the
United States of this principle — that the supreme
power resides in the people, and that they never
part with it. It may be called the panacea in
politics. If the error be in the Legislature, it
may be corrected by the Constitution: if in the
Constitution, it may be corrected by the people.
There is a remedy, therefore, for every distem-
per in government, if the people are not wanting
to themselves." — [Wilson's Works, vol, iii, p.
293.]
Again, he says:
"A revolution principle certainly is, and cer-
tainly should be, taught as a principle of the
Constitution of the United States, and of every
State of the Union. This revolution principle —
that the sovereign power residing in the people,
they may change their Constitution and Govern-
ment whenever they please — is not a principle
of discord, rancor or war; it is a principle of
melioration, contentment and peace." — [Wil-
son's Lectures, vol. 1., p. 21.]
And, again:
"A proper regard to the original, and inherent,
and continued power of the society to change its
Constitution, will prevent mistakes and mischief
of a very different kind. It will prevent giddy
inconsistency; it will prevent unthinking rash-
ness; it will prevent unmanly langor:" — [Wil-
son, vol. 1, p. 420.]
Justice Patterson, of the United States Su-
preme Court, says:
"The Constitution is the work of the people
themselves, in their original, sovereign and un-
limited capacity." "A Constitution i& the form
of Government delineated by the mighty hand of
the people," is "paramount to the will of the
Legislature," and is liable only "to be revoked
or altered by those who made it." — [2 Dallas'
Rep- p. 304.]
The Supreme Court of the United Stales,
through Judge Marshall, says :
"That the people have an original right to es-
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