gress, by Congress to the state legislatures, and by a law of each state legislature to à state convention. Each ratification was returned to Congress, and it passed a resolution for putting the new constitution into operation. This process was pursued in conformity with the existing compact between the states, proving that the states were at this time considered as the only parties to their federal union. If the ratification of the new compact was made according to the injunctions of the old compact, it was the act of separate states required by that old compact, and not the act of a consolidated American nation; and it recognised the states as the parties to the constitution. Both unions were ratified in a federal mode; and no state suspected, that by exercising its independent right of assenting or rejecting, it was exercising an usurped authority, and moreover acknowledging its subordination to an aggregate American nation.

The ratification of amendments by the confederation and the constitution, was to be made by states. In both the word "states" must have been used in the same sense, because no American nation had appeared in the interval. Had these instruments, or either of them, been ratified by an American nation, they would not have been thereby made obligatory on the states; and should an American nation now attempt to amend the constitution, it would be a usurpation, because no such nation exists invested with a supremacy over the states; and it would violate the mode of amending the constitution, agreed upon by the parties to the union. Any species of per capita supremacy over all the states, would establish an oligarchy of a minority of states, and if such a supremacy does not exist as a consequence of national sovereignty, with a power of altering the constitution, a supremacy in construing it cannot find any basis upon which it may be erected. A per capita supremacy of construction would be equivalent to a per capita supremacy of amendment, and the same oligarchical power in a minority of states containing a majority of people, would be the consequence.

To avoid this identical misfortune, the convention required the same sanction for both unions, and for the amendments of both, namely, state ratifications. If a constructive supremacy can alter the intention of the constitution, then it would have

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been necessary to subject the constructions of Congress, as well as more direct alterations of the constitution, to the prescribed mode of ratification, or that mode would be soon rendered of little use by resorting to the constructive mode of amendment. By wholly neglecting to guard against a constructive supremacy, so evidently destructive of the federal supremacy by which the constitution was framed, ratified, and is to be amended, it seems certain that the convention did not entertain the least suspicion, that a constructive supremacy would be pretended to.

In the mode of amending the constitution of 1787, as well as in the necessity for the ratification of a state, to make it binding upon that state, we discern distinctly the opinion of the convention, that no American nation existed. Had it been made by an American nation, it would be a rare anomaly, that state nations should have the power to reject and alter it.

As a difference of meaning between "a confederation and a constitution" has been contended for, it ought not to be overlooked, that the deputies at Annapolis, applied the term constitution to the confederation of 1777.

It is very remarkable, that the Congress of 1787 introduced the word national into the resolve recommending a convention. It expressed an opinion "that a convention was the most proba"ble mean of establishing in these states a firm national govern"ment." So far it unequivocally advocated the exchange of a federal for a national form of government; but an intimation so plain and positive, that the state governments ought to be destroyed, might not have been received with applause, and might have obstructed the removal of the defects of the existing federal union. The expedient of complexity was therefore practised to flatter the opinion of the states, and yet to supply a text for the advocates of a national government. After suggesting this forin as one propositum, towards which the convention might direct its attention, Congress subjoined another, namely, "that the con"vention shall render the federal constitution adequate to the "exigencies of government." Except for the restriction comprised in the word federal, this part of the resolve would have been as capacious as the expression "national government,” he

cause a limitation of power to the exigencies of government, of which the government itself must judge, is no limitation at all. But it adds,." and the preservation of the union." The recommendation of Congress comprises "a national government, a "federal constitution, the preservation of the union, and a "convention for the sole purpose of revising the articles of the "confederation." These recommendations are at discord with each other, as a national and a federal form of government are not the same form. By planting the word national among them, as a scion to be watered up to a tree, a concert between individuals, unfriendly to the political existence of the states, appears at this period to have existed.

Let us see how these recommendations were received by a concert of states, and by the concert of individuals. Twelve states appointed deputies to assemble at Philadelphia, and each gave its deputies credentials specifying their powers. The idea that the recommendation of Congress was addressed to an American nation or people, no where appeared, and that of a national government was rejected by every state. The powers to these deputies were the following:

By New-Hampshire, "to discuss and decide upon the most "effectual means to remedy the defects of the federal union.”

Massachusetts," in conformity with the resolution of Congress "recommending a convention for the sole purpose of revising "the articles of confederation, to render the federal constitution "adequate to the preservation of the union."

Connecticut, "for the sole and express purpose of revising "the articles of confederation, to render the federal constitution ❝adequate to the exigencies of government and the preservation "of the union."

New-York, in the same words.

New-Jersey, "for the purpose of taking into consideration "the state of the union, as to trade and other important subjects, "and of devising such other provisions, as shall appear to be ne"cessary, to render the constitution of the federal government "adequate to the exigencies thereof."

Pennsylvania, "to devise such alterations and further pro

visions, as may be necessary to render the federal constitution "fully adequate to the exigencies of the union.”

Delaware, in the same words, with a proviso, that each state shall have one vote in Congress.

Maryland, in the same words, without the proviso.

Virginia, in the same words. This state passed the first law for appointing delegates to the convention.

North-Carolina, " for the purpose of revising the federal con"stitution."

South-Carolina, "to devise such alterations as may be thought "necessary, to render the federal constitution entirely adequate "to the actual situation and future good government of the con"federated states."

Georgia, "to devise such alterations as may render the federal "constitution adequate to the exigencies of the union.”

Thus the states unanimously rejected the recommendation of a national government, and by excluding the word national from all their credentials, demonstrated that they well understood the wide difference between a federal and a national union. The distinction was enforced in Massachusetts and Connecticut by the words "sole purpose." The reference of sole, is to the word national, used by Congress, and in all the credentials the word federal is used also in opposition to the word national. There existed no other object but the suggestion of a national government, for the restrictions in the credentials of the states to operate upon; and their unanimity, without consulting each other, is a complete proof that they all comprehended the difference between a federal and a national form of government. The word constitution is also uniformly considered by the states as equivalent to the word confederation. Having seen what was the unanimous opinion of the states, let us next inquire how far it was regarded by a concert between individuals.