S 569. The states as political corporations were not parties to the constitution; but the citizens of the states in their character as national citizens were parties to it. The states as political corporations stood in need of no such guaranty. The people of the state had authority to determine the form of their government prior to the institution of the general government; and if they desired one republican in form, they could have it without any guaranty from the nation. It was not the design of this provision to secure the people of a state against their own future volitions, should they, on the failure of the system they were then adopting, desire to change the form of their local government. It was not to the state as a corporation or an association of people that the guaranty was made; but to the individual, crushed and overwhelmed by an insolent and oppressive majority; it was to him as a citizen of the United States whether in the majority or the minority, that the guaranty was given to secure him not only from individual but governmental oppression. The ends sought to be accomplished by the institution of the general and state governments are better secured by construing this guaranty as extending to all the people of the several states, and thus securing to each the benefits of a republican form of government, than by any other construction. It thus pledges the faith and power of the nation to every citizen, that the local government under which he lives shall be republican, and that he shall be entitled to sustain to it the relation of a free citizen.

S570. It has been urged that the term "republican" is vague and indefinite; that the worst kinds of despotism have flourished under governments "republican in form;" and the republics of Greece, and Rome, and Italy have been cited. It is admitted, that looking at simple precedents without an investigation of the principles involved in a republican government, the friends of freedom have little to hope from a government republican merely in its form. But an investigation of the principles which give name to a republican government, and an observation of the manner in which, and the reasons for which, that form of government is prescribed by and guaranteed in, the constitution of the United States, make it a bulwark of American liberty, which cannot be evaded or overthrown. As a corporation a state may be republican in form, while but a moiety of the people are represented in the government;-it

may be republican in form, while its proportions are crainped and distorted by limitations and partialities. The idea of a republic necessarily places the sovereignty. in the people. It supposes that those who administer the public authority do so by the authority of the people, that is by the governing portion of them. Governments have been called republics which have been under the direction of a wealthy or aristocratic class, in which the masses of the people had no voice. Nevertheless they were denominated republican, as distinguished from monarchies. The principles upon which such governments were administered, taken in respect to the administration thereof, were republican, and they were denominated republics; and a guaranty made to the governing class that the government should be to them republican in form would have been fulfilled. But had the guaranty been made to each individual subject of that government, that for the protection of his rights the government should be to him republican, it would not have been realized. When, however, it is remembered that the guaranty under consideration was made by all the people of the United States with each and every citizen thereof, that the local or state government under which he should live, should be to him republican in form, it became the highest guaranty of civil protection which could be given to a citizen.

S571. The Federalist sometimes speaks of the American Union as though it was a confederacy; and at other times as though it was a government of the people. In commenting upon this clause of the constitution, it treats the union as a confederacy. It says, "in a confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchical innovations. The more intimate the nature of such a union may be, the greater interest have the members in the political institutions of each other; and the greater right to insist, that the form of government under which the compact was entered into, should be substantially maintained. But a right implies a remedy; and where else could the remedy be deposited, than where it is deposited by the constitution. Governments of dissimilar principles and forms have been found less adapted to a federal coalition of any sort, than those of a kindred nature. As the confederate republic of

Germany consists of free cities and petty states, subject to different princes, experience shows us that it is more imperfect than that of Holland and Switzerland. Greece was undone as soon as the king of Macedon obtained a seat among the Amphictyons.""

S 572 But the plain statement of the case seems to be this: The people of the United States in the institution of the general and state governments were providing for the administration of their authority in such a manner, as to secure to themselves and their posterity the blessings of civil liberty. It was a part of their system to commit the management of all local and domestic interests to local governments, which, in the exercise of their authority within the sphere of their administration, were to be independent of the general government, and of the people of the other states or portions of the nation. These local or state institutions already existed over most of the national domain; and were to be instituted whenever and wherever future occasion might require. Every national citizen was likewise a state citizen; subject to the administration of these local governments, in all that pertained to his local and domestic interests. As a state citizen, no one had any authority to interfere with, or direct, the administration of governmental authority, in other states; and yet bis safety and welfare as a national citizen, would be greatly affected by the political character of the other local governments. It was therefore a matter of necessary precaution that the people of the nation should at all times retain the political supervision of the character of these local or state institutions, and see to it, that, in character, they should be in harmony with the American theory and principle of government.

$573. These states, in territory, are but portions of the national domain; in inhabitants, but families of national citizens; in political individuality, but corporate instruments of national administration, instituted for local and special purposes. It was therefore the duty of the nation, to protect them against foreign invasion from without, and domestic violence from within, to enable them to discharge the duties imposed upon them, and to secure to the people the blessings of civil liberty. The constitution therefore provides, that the nation shall protect each state against invasion and domestic violence."

Montesquieu, B. 9, ch. 1, 2; Federalist, No. 21; Story's Com. on Const., 1815. 8 Art. 4, 24, Const. U. S.

CHAPTER XIX.

OF AMENDMENTS TO THE CONSTITUTION.

$574. THE constitution of the United States was ordained and established for the purpose of instituting a goverment authorized to speak and act for the nation The experience of thirteen years under the confederacy, had demonstrated the fact, that a nation could not exist and maintain its independence, without a government intrusted with the exercise of supreme authority over every subject essential to a true nationality. The people of the United States ordained and established the constitution to the end that such a government might be instituted. In the institution of such government, they took especial care to act in virtue of their authority as members of the national society; as people of the United -not of the separate States. When the constitution had been framed by delegates from the several states, and made ready to be submitted, it was especialy provided, that it should be submitted to the people of the states, and not to the states as political corporations,for their ratification. That the legislatures of the several states should provide by law for the calling of primary conventions of the people to whom the proposed constitution should be submitted. The object of these requirements was to institute a national government of the people; and not a confederated government of the political states. It was to base the government upon the inherent sovereignity of the American nation, and make it supreme over all local or state authority in its administration. In such action, they occupied à plane above constitutions, and spake with the authority that ordains and establishes independent of constitutions; an authority which pertains to society in its sovereign relations to each and every member thereof; acknowledging no superior save God and his laws, natural and Divine. Therefore they said, "This constitution and the laws of United States made in pursuance thereof, etc., shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

1

1 Art. 6, cl. 2, Const. U. S.

$575. In providing for amendments to this constitution, the people retained the authority to make such changes as experience should demonstrate to be necessary for the safety and welfare of the nation. Article five provides that "the congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as a part or this constitution when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress."

S576. This provision points out two modes of amendment of the constitution, one at the instance of the general government, through the instrumentality of congress; the other at the instance of the states. Congress, whenever two-thirds of each house concur in the expediency of an amendment may propose the same; and when it is ratified by the legislatures of three-fourths of the several states, or by conventions, as congress shall direct, it becomes a part of the constitution. Or the legislatures in two-thirds of the several states may apply for a convention for proposing amendments, which congress is obliged to call on such application, and the amendments proposed by such convention, to become a part of the constitution, must be ratified in the same manner as when proposed by congress.

$ 577. Whether the proposed amendments to the constitution shall be ratified or rejected by the action. of the state legislatures, or by the action of conventions of the people in the several states, depends upon the discretion of congress. The amendment, when made, becomes, to all intents and purposes, a part of the constitution; and, therefore, of the supreme law of the land. The authority involved in making these amendments is superior to the constitution itself; that is, it must be an authority which can add new provisions, or remove existing ones, at pleasure. For this reason congress, as the national legislature, determines whether the proposed amendments shall be submitted for ratification, to the state legislatures, or to conventions of the people, so that the ratification or rejection of any proposed amendment, will be by national, and