第245章

New States may be admitted by Congress, but the bounds of no old State shall be altered without the consent of such State. Congress shall have power to rule and dispose of the Territories and property of the United States. The United States guarantee every State a republican form of government; but the Constitution does not define that form of government. An ordinary citizen of the United States, if asked, would probably say that it included that description of franchise which I have called universal suffrage. Such, however, was not the meaning of those who framed the Constitution. The ordinary citizen would probably also say that it excluded the use of a king, though he would, I imagine, be able to give no good reason for saying so. I take a republican government to be that in which the care of the people is in the hands of the people. They may use an elected president, a hereditary king, or a chief magistrate called by any other name. But the magistrate, whatever be his name, must be the servant of the people and not their lord. He must act for them and at their bidding--not they at his. If he do so, he is the chief officer of a republic--as is our Queen with us.

The United States Constitution also guarantees to each State protection against invasion, and, if necessary, against domestic violence--meaning, I presume, internal violence. The words domestic violence might seem to refer solely to slave insurrections; but such is not the meaning of the words. The free State of New York would be entitled to the assistance of the Federal government in putting down internal violence, if unable to quell such violence by her own power.

This Constitution, and the laws of the United States made in pursuance of it, are to be held as the supreme law of the land. The judges of every State are to be bound thereby, let the laws or separate constitution of such State say what they will to the contrary. Senators and others are to be bound by oath to support the Constitution; but no religious test shall be required as a qualification to any office.

In the amendments to the Constitution, it is enacted that Congress shall make no law as to the establishment of any religion, or prohibiting the free exercise thereof; and also that it shall not abridge the freedom of speech, or of the press, or of petition. The government, however, as is well known, has taken upon itself to abridge the freedom of the press. The right of the people to bear arms shall not be infringed. Then follow various clauses intended for the security of the people in reference to the administration of the laws. They shall not be troubled by unreasonable searches.

They shall not be made to answer for great offenses except by indictment of a grand jury. They shall not be put twice in jeopardy for the same offense. They shall not be compelled to give evidence against themselves. Private property shall not be taken for public use without compensation. Accused persons in criminal proceedings shall be entitled to speedy and public trial. They shall be confronted with the witnesses against them, and shall have assistance of counsel. Suits in which the value controverted is above twenty dollars (4l.) shall be tried before juries. Excessive bail shall not be required, nor cruel and unusual punishments inflicted. In all which enactments we see, I think, a close resemblance to those which have been time honored among ourselves.

The remaining amendments apply to the mode in which the President and Vice-President shall be elected, and of them I have already spoken.

The Constitution is signed by Washington as President--as President and Deputy from Virginia. It is signed by deputies from all the other States, except Rhode Island. Among the signatures is that of Alexander Hamilton, from New York; of Franklin, heading a crowd in Pennsylvania, in the capital of which State the convention was held;and that of James Madison, the future President, from Virginia.