consistent with the idea it conveys in the two first instruments? Neither monarchy nor aristocracy would have fitted the case, and the word republick itself would have been exposed to uncer tainties, with which the word state is not chargeable; because it has been applied to governments discordant with those which were established by our revolution. As no word more expliaitly comprises the idea of a sovereign independent community; as it is used in conjunction with a declared sovereignty and independence; as it is retained by the union of 1787, and in all the operations of our governments; and as sovereign powers only could be reserved by states; there seems to be no sound argument by which it can be deprived of its intrinsick meaning, contrary to these positive constructions.

Against this concomitancy of interpretation, the consolidating school takes refuge under the word "people," and contends that it is susceptible of a meaning which inflicts upon many of its associates the character of nonsense, and deprives them of their right to assist in the construction of the constitution. Let us therefore endeavour to defend it against the aspersion of hostility to its best friends, and to save it from the crime of selfmurder. In all ages metaphysicians have been so skilful in splitting principles, as to puzzle mankind in their search after truth; and morality itself would be lost by the minuteness of their dissections, except for the resistance of common sense, and the dictates of unsophisticated conscience. But the achievement of losing twenty-four sovereign states by the acuteness of construction, and getting rid of a people in each, by means of the word necessary to describe them, was reserved for the refined politicians of the present day; and is equivalent to the ingenuity of a fisherman, who should lose a whale by a definition of his name, which would destroy his qualities.

At the cominencement of the revolutionary war, emergency dictated temporary expedients, and delayed the formal adoption of measures for constituting a people in each province. A Congress was therefore appointed by provincial legislatures, by one branch of these legislatures, or by districts in a province; but when disorder was exchanged for independence, it was appointnd, and its powers were derived from the state governments, who

were deemed sufficient to ratify the declaration of independence, because they represented a people circumscribed within each state territory. The same species of sanction was resorted to, for the ratification of both the union of 1777 and the union of 1787. The ratification of the first was to be made by "the logislatures of all the United States," and of the latter by "the conventions of nine states." The reference to their representatives in both cases, far from acknowledging that each state was without a people, acknowledged the contrary. The differences between the two modes of ratification, consisted in the distinction between the words "legislatures and conventions," and be tween the necessity for unanimity in one case, and the sufficiency of nine states in the other, to establish the proposed unions. In neither, could the object be effected by a majority of the people of the United States. Whatever may be the difference between the words legislatures and convention, in other cases, there is none in this, because both were representatives of the same people. Why did the first union require a unanimity of states? Because a people of cach state had been created by the declaration of independence, invested with sovereignty, and therefore entitled to unite or not. Why were the ratifying nine states only to be united by the second? For the same reason; demonstrating, that as to the ratification of both, no distinction was made between legislatures and conventions; and that a concur sence or rejection of either, was considered as a sovereign-net of a state people by their representatives. This principle is confirmed beyond all doubt, by the different modes in which men act when framing a constitution for a consolidated people, or creating a federal union between distinct states. In the first case, neither the consent of every individual, nor of every coun ty, is necessary, because no individual possesses sovereign power, and because no county comprises a people politically indepen dent. If there are thirteen counties in a state, and the deputies of four dissent from a constitution, it is yet obligatory upon all, because all are subject to the sovereign power of one people. The constitution of the United States was only obligatory upon the ratifying states, because each state comprised a sovereign. people, and no people existed, invested with a sovereignty over

the thirteen states. This consent, whether expressed by state legislatures or state conventions, was the consent of distinct sovereigntics, and therefore the consent of nine states could not bind four dissenting states, or even one. A majority of a state legislature or convention dictates to a minority, because it exercises the sovereignty of an associated people over individuals. If state nations had not existed, they could not have exercised this authority over minorities, and therefore it is necessary to admit their existence in order to bestow validity upon the fede ral constitution.

The establishment of state governments, demonstrates the existence of state nations. No act can ascertain the existence of a sovereign and independent community more completely, than the creation of a government; nor any fact more completely prove that these communities were each constituted of a distinct people, than that of their having established different forms of government. If the art of construction shall acquire the power both of dispensing with the meaning of words, and also with the most conclusive current of facts by which these words have been interpreted, it will be able, like the dispensing power of kings, to subvert any principles, however necessary to securo human happiness, and to break every ligament for tying down power to its good behaviour.

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SECTION II.

THE JOURNAL OF THE CONVENTION.

Ifad the journal of the convention which framed the constitution of the United States, though obscure and incomplete, been published immediately after its ratification, it would have furnished lights towards a true construction, sufficiently clear to hayo prevented several trespasses upon its principles, and tendencies towards its subversion. Perhaps it may not be yet too lato to lay before the publick the important evidenco it furnishes. A short history of the convention itself will enable us to understand its proceedings. A meeting of deputies from several states, in 1786, at Annapolis, recommended the appointment of commissioners to deviso such further provisions, as shall appear to them necessary to render the constitution of the federal government, adequate to the exigencies of the union; and Congress, in 1787, recommended a convention of delegates to be appointed by the several states, as the most probable mean of establishing in these states a firm national government; and resolved that a convention of delegates, who shall have been appointed by the several states, be held at Philadelphia for the sole and express purpose of revising the articles of the confe deration, and reporting to Congress and the several legislatures, such alterations and provisions therein, as shall, when agreed to in Congress and confirmed by the states, render the federal constitution adequate to the exigencies of government and the preservation of the union. In these proceedings the word convention is used to describo the deputies of a state, and the word constitution as equivalent to the word confederation.

The confederation of 1777 had declared that "no alteration "should be made in its articles, unless such alteration should bo "agreed to in a Congress of the United States, and be afterwards "confirmed by the legislatures of every state." Accordingly the constitution framed by the convention, was referred to Con