were forming a Contract!' I cannot answer for what every member thought, but I believe it cannot be said, that they thought they were making a contract, because I cannot discover the least trace of a compact in that system. There can be no compact unless there are more parties than one. I know no bargains that were made there. I am unable to conceive who the parties could be. The State Governments make a bargain with one another! That is the doctrine that is endeavored to be established by gentlemen, in opposition. Their State Sovereignties wish to be represented. But, far other were the ideas of the Convention, and far other are those conveyed in the system itself. This is not a Government founded upon Compact. It is founded upon the power of the people. They express in their name and their authorrity-We, the people, ordain and establish.' From their ratification alone, it is to take its constitutional authority; without that, it is no more than tabula rasa.

6

"These expressions declare, in a practical manner, the principle of the Constitution. It is ordained and established' by the people themselves; and we, who give our votes for it, are merely the proxies of our Constituents. We sign it, as their attorneys; and, as to ourselves, we agree to it as Individuals."

His argument for the power of Internal Taxation was founded on the necessity of such a power to attain the objects of the Government. That it was a consolidated Government was denied, because on the State Governments its organization rested; and the allegation that it transferred to the General Government the State Sovereignties, was met by the assertion of the principle, that the Sovereignty is not in the possession of the Governments, it is in the people. "The truth is," he remarked, "that in our governments, the supreme, absolute, and unVOL. IV.-25

controllable power, remains in the people. As our Constitutions are superior to our legislatures, so the people are superior to our Constitutions.

"The people may change the Constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them."

Thus it is seen here, as it may be in the proceedings of the Convention of every other great State of this Union, that the much calumniated Federalists' were always the first to recognize, the boldest to assert, the most scrupulous in regarding the people of the United States as the source of political power.

The observations of Wilson extended to a large review of the new system of government, its principles, and the distribution of its powers, their extent and checks; marking, with nice discrimination, the differences between it and pre-existing confederacies.

Smilie replied, insisting upon the necessity of a Bill of Rights as a standard by which to measure the powers of the Government, and demanded of its advocates an adequate reason for omitting an instrument, "so essential to a perfect form of Government." McKean answered, that Bills of Rights were of modern invention, inapplicable to institutions, where the whole sovereignty was in the people, as an inherent right, and that they were only useful to limit a Government established on the principle, "that the supreme power is lodged in the King."

After frequent debate, memorials, which had been circulated extensively, were presented, urging an adjournment of the State Convention to a future day, to ascertain the proceedings of other States. As the ground of this motion, fifteen amendatory articles were sub

*

* The seventh and eighth of these were intended to create the impression, by insisting upon the right, that the Constitution would give the power of

mitted, which were supported by Smilie, but were rejected by a large vote. Wilson declared, "that the evident operation of this proposition would be, to exclude the people from the Government, and to prevent the adoption of this or any other plan of Confederation; that he was happy it should appear on the journal, as an evidence of the motives that prevailed with those who framed and supported it, and that its merited rejection would permanently announce the sentiments of the majority respecting so odious an attempt."

The final vote of unconditional ratification was taken on the twelfth of December, when there appeared fortysix members in favor, twenty-three against it. The opponents were urged by Colonel Hartly to sign it, as an acquiescence to the principle, that the majority should govern. Smilie replied, "that he would never allow his hand, in so gross a manner, to give the lie to his heart and tongue."

prohibiting hunting and fishing by the proprietors on their own property; another excluded the imposition of internal and direct taxes.

CHAPTER L.

THE day prior to the ratification by Pennsylvania, the Convention of New Jersey assembled. Her previous course left no doubt as to the policy of this State.

From the commencement of her Colonial existence to its end, it had been a scene of frequent discord. Though with a large maritime front and a various surface, her natural advantages were not great. From Shrewsbury to Cape May there is not a single harbor of any value. The low level of the southern portion is a pine barren. On the west, inhabited by Quakers, the soil is good. The residue of the State, where Dutch and Swedes and Scotch toiled, with some exceptions, is hilly The earliest char

and rugged. The people were poor. ter had secured religious freedom and the power of imposing taxes to an Assembly, chosen by the freemen; but the Government was Proprietary, and unhappily the grant was to different Proprietors. Thus, the Colony was early divided. Beside the questions which had disturbed the other Colonies-of grants of revenue, requisitions of militia, paper emissions, the duration of their Assembliescontroversies had arisen as to the titles of the lands, which the surrender of the Government to the Crown did not quiet. The Proprietary titles were retained; and, of the population, many regarded them with jealousy. Attempts to enforce

these titles were resisted, and the resistance was countenanced by the popular branch of the Legislature. It was amidst all the excitement of such controversies, that the Revolution opened. The successive measures of opposition were entered into warmly. The Royal Governor of the Colony was denounced-seized as an enemy, and held a prisoner in Connecticut, until the close of the contest. A new Government was organized before the Declaration of Independence, and its powers were steadily exerted until independence was attained.

But New Jersey, with little to spare, felt grievously the severities of the War, increased by the impotence of the Confederation; and is seen among the earliest and most urgent advocates of its invigoration.

Although her proposed form of Government had not. obtained in the Federal Convention, she had gained much in the modification of the Virginia plan. The narrow policy of New York was not unwelcome to her, for it served the supposed interests of a small State. The larger scope of Pennsylvania she would disapprove, as reducing her relative importance. But with neither State had she any strong political affinities. Both, from their superior power and superior advantages, would be, at first view, objects of jealousy. The mind of the State had, from this very jealousy, and, also under wise and happy influences, been long preparing for a change of system; and, when the Constitution was presented for her adoption, the Convention, after a session of four days, adopted it on the twelfth of December, unconditionally, and without a dissenting voice.

Though Georgia had withheld from Congress the power of levying an impost, and, from jealousy of Eastern influence, had opposed the admission of Vermont into the Union, thus showing Anti-National tendencies, yet