bates, one of the members laid it down, as a fundamental principle of every safe and free government, that "a government is a compact between the rulers and the people." This was most strenuously denied on the other side by gentlemen of great eminence. They said, "A compact cannot be annulled, but by the consent of both parties. Therefore, unless the rulers are guilty of oppression, the people, on the principles of a compact, have no right to new-model their government. This is held to be the principle of some monarchical governments in Europe. Our government is founded on much nobler principles. The people are known with certainty to have originated it themselves. Those in power are their servants and agents. And the people, without their consent, may new-model the government, whenever they think proper, not merely because it is oppressively exercised, but because they think another form will be more conducive to their welfare."[1]
§ 359. Nor should it be omitted, that in the most elaborate expositions of the constitution by its friends, its character, as a permanent form of government, as a fundamental law, as a supreme rule, which no state was at liberty to disregard, suspend, or annul, was constantly admitted, and insisted on, as one of the strongest reasons, why it should be adopted in lieu of the confederation.[2] It is matter of surprise, therefore, that- ↑ Mr. Iredell, 3 Elliot's Debates, 24, 25; Id. 200, Mr. McClure, Id. 25; Mr. Spencer, Id. 26,27; Id. 139. See also 3 Elliot's Debates. 156; See also Chisholm v. Georgia, 3 Dall, 419; 2 Condensed Rep. 635, 667, 668. See also in Penn. Debates, Mr. Wilson's denial, that the constitution was a compact; 3 Elliot's Debates, 286, 287. See also McCulloch v. Maryland, 4 Wheaton, 316, 404.
- ↑ The Federalist, No. 15 to 20, 38, 39, 44; North Amer. Review, Oct. 1827, p. 265, 266.
