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tabJish, for their future Government, such prin-
ciples as, in their opinion, shall most conduced
to their own happiness, is the basis on which the
whole American fabric has been erected. The
exercise of this original right is a very great ex-
ertioif; nor can it, nor ought it, to be frequently
repeated." [I Cranch, 157, cited 431 Story's
Comm. vol. 3. j
Rawle, an able commentator on the Constitu-
tien, says:
"Vattel justly observes, that the perfection of
a State and its aptitude to fulfil the ends pro-
posed by society, depend upon its Constitution.
The first duty to itself is to form the best Con-
stitution possible,and one most suited to its circum-
stances; and thus it lays the foundation of its
safety, permanence and happiness. But the best
Constitution which can be framed, with the most
anxious deliberation that can be bestowed upon
it, may, in practice, be found imperfect and in-
adequate to the true interests of society. Altera-
tions and amendments then become desirable.
The people retain the people cannot, perhaps, divest
themselves of the power to make such alterations. A
moral power, equal to, and of the same nature
with that which made, alone can destroy. The
laws of one legislature may be repealed by another
legislature, and the power to repeal them cannot
be withheld by the power that enacted them.
So the people may, on the same principle, at any
time, alter or abolish the Constitution they have form-
ed. This has been frequently and peaceably
done by several of these States, since 1776. If
a particular mode of effecting such alterations has
been agreed upon, it is most convenient to adhere
to it, but it is not exclusively binding." [Rawle
on the Constitution, p. 17.
Justice Story, of the supreme court of the Uni-
ted States, says, in his commentaries on the Con-
stitution :
" The declaration puts the doctrine on the true
grsuni that government derives its powers from
the consent of the governed. And the people
have^ right to alter it," &c. - [page 300, vol. I
Again, Judge Story, in speaking of the Decla
ration of Independence, says :
"It was not an act done by the State govern-
ments then organised, nor by persons chosen by
them. It was emphatically the act of the whole
people of the united colonies, by the instrumen-
tality of their representatives, chosen for that
among other purposes. It was an act not com-
petent to the State governments, or any of them
as organised under their charters, to adopt. Those
charters neither contemplated the case, nor pro
vided for it. It was an act of original inheren
sovereignty by the people themselves; resulting
from tfceir right to change their form of government
and to institute a new government, whenever necessa
ry for &eir safety and happiness." [Story's Com
on Con., vol. 1, page 198.
Mr. Locke, in his work on civil government
says :
" For where any number of men have, by th
consent of1 every individual, made a community
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jey hare thereby made that community one
)ody, with a power to act as one body, which in
nly by the will and determination of the majority ;
or that which acts in any community, being only
ie consent of the individuals of it, and it being
ecessary to that, which is one body, to move
ne way, it is necessary that the body should
move that way, whither the great force carries
it, which is the consent of the majority; or else
t is impossible it should act or continue one body
one community which the consent of every
ndividual that united into it agreed that it should;
nd so every one is bound by that consent to be
oncluded by the majority. And therefore, we
ee that, in assemblies empowered to act by posi-
tive laws, where no number is set by that posi-
tive law which empowers them, the act of the
majority passes for the act of the whole, and of
course determines as having, by the law of nature
and reason, the power of the whole; and thus
very man, bv consenting with others to make
ne body politic, under one government, puts
imself under im obligation to every one of that socie-
y to submit to the determination of the majority, and
o be concluded by it."
Mr. Madison, in relation to the same subject
says:
"If we resort for a criterion to the different
>rinciples on which different forms of Govera-
nent are established, we may define a republic
o be, or at least may bestow that name on a Gov-
ernment which derives all its powers, directly or indi-
rectly, from the great body of the people." * *** *
"It is essential to such a Government that it be
derived from the great body of the society, not from
an inconsiderate proportion or a/arored class of it;
otherwise, a handful of tyrannical nobles, exer-
cising their oppressions by a delegation of their
xjwer, might aspire to the rank of republicans,
ind claim for their government the honorable
title of republic.
" It is essential for such a Government that per-
sons administering it be appointed, either direct.
ly or indirectly, by the people; aud that they
hold their appointment by either of the tenures
just specified; otherwise, every Government in
the United States, as well as any other popular
Government that has been, or can be well or-
ganized, or well executed, would be degraded
from the republican character." [Federalist.
No. 39.
The Declaration of Rights of a large majority
of the States of the Union, contain a provision
analagous to that proposed here.
The bill of rights of Virginia of 1776, which
was unanimously adopted, contained the follow-
ing provision.
That Government is or ought to be instituted
for the common benefit, protection and security
of the people, nation or community. Of all the
various modes and forms of Government, that is
best which is capable of producing the greatest
degree of happiness and safety, and is most effec-
tually secured against the danger of mal-admin-
istration. And that when any government shall
be found inadequate or contrary to these pur-
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