cause political unions for special purposes, cannot be defeated by inferences from the form adopted for their execution. In order to determine whether the United States meant by the term union, to establish a supreme power or a limited association, we must commence our inquiry at their political birth, and accommodate our arguments with the principles they avowed in proclaiming their political existence. These are stated in the declaration of independence: "We the representatives of the United States "of America, in general Congress assembled, appealing to the 66 Supreme Judge of the world, for the rectitude of our inten❝tions, do, in the name and by the authority of the good people "of these colonies, solemnly publish and declare, that these "United Colonies are, and of right ought to be, free and inde"pendent states; and that as free and independent states, they "have full power to levy war, conclude peace, contract alliances, "establish commerce, and do all other acts and things, which "independent states may of right do." Such is the origin of our liberty, and the foundation of our form of government. The consolidating project ingeniously leaves unexamined the argu ments suggested by this declaration, and commences its lectures. at the end of the subject to be considered. If the declaration of independence is not obligatory, our intire political fabrick has lost its magna charta, and is without any solid foundation. But if it is the basis of our form of government, it is the true expositor of the principles and terms we have adopted. The word "united" is used in conjunction with the phrase "frco and inde pendent states," and this association recognises a compatibility between the sovereignty and the union of the several states. The regulation of commerco is enumerated among the rights of sovereignty, and this right having been exercised by each state under their first confederation, because it was not surrendered, is an evidence of what was meant by the sovereignty of the states, and a proof that the separate sovereignty of each, and not a consolidated sovereignty of all, was established by the declaration of independence. The same observation applies to the sovereign rights of the states, not surrendered by the existing federal constitution. Take from the states the political character they assumed by the declaration of independence, and

they could not have united. To contract, to stipulate, to unite, are among the "acts and things which independent states may of right do." The first confederation or union recognises the compatibility between the union and the sovereignty of the states. The existing union adheres to the same idea, professes to establish a more perfect union of states created by the Decla ration of Independence, and contains many provisions incapable of being executed except by state sovereignty. It uses the words "United States," taken by the first confederation from the de claration of independence, and transplanted from both these instruments, in which they are associated with positive assertions of the independence and sovereignty of each state; and therefore the last instrument, like the others, recognises the compatibility between the union and the sovereignty of the several

States.

The notion that the "freedom and independence of the states" refers to a consolidation of states, admits of a perfect refutation. It would render the language of the declaration of independence ungrammatical, because had this been intended, it ought to have recognised the rights of sovereignty as residing in one consoli dated state, and not in several states. It would have rendered the confederation unnecessary; because, had the declaration of independence invested a consolidation of states with a power to do "all acts and things which a free and independent state may of right do," there would not have existed the least reason for delegating powers to a federal Congress. It would have divested each province or state of the right to make and alter its own constitution and its own laws; and it would have converted the exercise of any sovereign power by a state, subsequently to the declaration of independence, into usurpation. The contemporary construction of the declaration of independence was com‐ pletely adverse to the idea that it had conferred any sovereign power, whatever, upon a consolidation of states. Ilence a confederation became necessary; and hence the several states exer cised, among others, the sovereign powers of raising armies, im posing taxes, and regulating commerce. The language used in the declaration of independence was adopted and explained by the confederation framed in 1777. It is entitled a "perpetual

union," its style was "Tho United States of America," and it declares that "each state retains its sovereignty." So far state sovereignty is explicitly recognised, and no idea existed that it had been lost by a union of states. Upon trial, it being discovered that the powers bestowed upon Congress by the first confederation, were insufficient "for their common defence and general welfare," the ends it expresses; another union was framed by the constitution of 1787, rendered more perfect by enlarging federal powers, and repeating the same words of "common defence and general welfare" as its chief ends.. If this phrase was understood, as neither creating a supreme national government, nor extending the powers delegated by the confederation of 1777, it must have been also understood in the same sense when used in the constitution of 1787. Its meaning is ascertained by the tenth section of the latter instrument. The individual states are prohibited from exercising certain attributes of sovereignty, particularly those of making war, treaties, and regulating commerce, because, except for the prohibition, they would have retained them, as adjuncts of sovereignty. The prohibition is therefore a construction of this phrase, corresponding with the construction it received when used in the confederation of 1777, and uniting both instruments with the public opinion, that neither the word union, nor this specification of its objects, extended delegated powers, created a general government or supremacy, or deprived the states of any attributes of sovereignty except those prohibited.

The word consolidation, colloquially adopted, expresses an idea opposite to that universally supposed to be conveyed by a political union of sovereign and independent states, and inconsistent with limited powers, or positive restrictions. It implics a fusion of the state sovereignties into one mass, so that each would lose its individuality. Had this event taken place, the aggregate sovereignty would rtainly have imbibed all the powers annexed to the materials of which it was compounded, and the several states would not have retained a single power. We must therefore either conclude that a consolidated sovereignty. was established, or that every attribute of sovereignty remained with the states, except the attributes prohibited, because these

prohibitions are the only rule by which those they surrendered can be distinguished from those they retained. Had a concentrated sovereignty or supremacy been contemplated by either of our three political instruments, it would have been expressed by consolidation or an equivalent word. As this was not the case at either era, the declaration of independence, the confederation of 1777, and the constitution of 1787, have used the same words and phrases to express the publick opinion; and if the Jesuit, construction, can extract a consolidated supremacy or sovereignty out of the last of these instruments, it must have been created by the two former.

The word Congress requires attention. It was adoptel by the provinces, and the declaration of independence was framed "by the representatives of the United States in Congress assembled." The representative character, was common to the Congress of the provinces, of the states under the confederation of 1777, and of the states under the constitution of 1787; but neither this character, nor the intrinsick meaning of the word, were supposed to convey any powers until very lately. If the phrase "Congress of the United States," or the representative character of one branch of that body, had conveyed implied* powers, it would have been useless to grant specified legislative powers to this "Congress of the United States" by the first article of the constitution. The numerous sovereign powers not granted by this article, must either pass by implication, or not pass at all. If they did not pass by this mode of conveyance, they remained with the states. The implication or inference is obviated by selecting the word "Congress" in preference to the words parliament or assembly, to the comprehensiveness of which the states had been accustomed. It was the precise word used to express a congregation of deputies from independent states or governments. In that sense it was adopted by the provinces, used in the confederation of 1777, and repeated in the constitution. No word could have been selected with equal felicity, to convey the idea contemplated by a federal system. It avoided the implications which the usual words parliament or assembly might have furnished, and demonstrated that a body of men invested with powers equivalent to those exercised by

such denominations, was not intended to be established. And it intimated the independence of the several states as being similar to the independence of the several provinces of each other, as well as to that of distinct kingdoms. The assemblage of men which framed the constitution, was called "A convention of "deputies from the states of New-Hampshire, Massachusetts, "Connecticut, New-York, New-Jersey, Pennsylvania, Dela"ware, Maryland, Virginia, North-Carolina, South-Carolina, "and Georgia." By what authority did the states appoint these deputies, if not in virtue of their respective sovereignties, existing in common with a "Congress of the United States?" If a Congress did not destroy the sovereignties of the states at that time, is it reasonable to suppose that the present "Congress of the United States" was constituted to destroy them? The deputies of the states in the convention, though representatives, could not have enacted a constitution, because it would have violated the limited powers which they received from state sovereignties; and in like manner, the deputies of the states now composing a Congress, though representatives, cannot exceed their powers. It is upon this principle, that Congress cannot alter the terms of the union.

The word "federal," also adopted into our political phraseology, is a national construction of the terms used in forming our system of government, comprising a definite expression of publick opinion, that state sovereignties really exist. It implies a league between sovereign nations, has been so used by all classes of people from the commencement of our political existence down to this day, and is inapplicable to a nation consolidated under one sovereignty.

The meaning of the word "state" accords with that of the words associated with it. Used in reference to individuals, it comprises a great variety of circumstances, but in reference to the publick, it means a political community. Johnson thus expounds it, and adds, that it implies a republick, or a government not monarchical. What other word was more proper to describe the communities recognised by the declaration of independence, the union of 1777, and the union of 1787? Can the same word have been intended to convey an idea in the last, in