The new Convention met in Philadelphia, on the 14th of May, 1787, with instructions to devise and discuss "all such alterations, and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union." We see, thus, that the very Convention which framed the Constitution of the United States, equally called the Articles of Confederation a Constitution. It was, then, from a Constitutional, Federal Government, that the States seceded when they adopted the present Constitution of the United States! A Convention of the States assembled with powers only to amend the Constitution; instead of doing which, it abolished the old form of government altogether, and recommended a new one, and no one complained. As each State formally and deliberately adopted the new government, it as formally and deliberately seceded from the old one; and yet no one heard any talk of a breach of faith, and still less of treason.

The new government was to go into operation when nine States should adopt it. But there were thirteen States, and if nine States only acceded to the new government, the old one would be broken up, as to the other four States, whether these would or not, and they would be left to provide for themselves. It was by no means the voluntary breaking up of a compact, by all the parties to it. It was broken up piece-meal, each State acting for itself, without asking the consent of the others; precisely as the Southern States acted, with a view to the formation of a new Southern Confederacy.

So far from the movement being unanimous, it was a long time before all the States came into the new government. Rhode Island, one of the Northern States, which hounded on the war against the Southern States, retained her separate sovereignty for two years before she joined the new government, not uttering one word of complaint, during all that time, that the old government, of which she had been a member, had been unduly broken up, and that she had been left to shift for herself. Why was this disruption of the old government regarded as a matter of course? Simply because it was a league, or treaty, between sovereign States, from which any one of the States had the right to withdraw at any time, without consulting the interest or advantage of the others.

But, say the Northern States, the Constitution of the United States is a very different thing from the Articles of Confederation. It was formed, not by the States, but by the people of the United States in the aggregate, and made all the States one people, one government. It is not a compact, or league between the States, but an instrument under which they have surrendered irrevocably their sovereignty. Under it, the Federal Government has become the paramount authority, and the States are subordinate to it. We will examine this doctrine, briefly, in another chapter.

CHAPTER II.

THE NATURE OF THE AMERICAN COMPACT.

HE two principal expounders of the Constitution of the

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United States, in the North, have been Daniel Webster and Joseph Story, both from Massachusetts. Webster was, for a long time, a Senator in Congress, and Story a Justice of the Supreme Court of the United States. The latter has written an elaborate work on the Constitution, full of sophistry, and not always very reliable as to its facts. The great effort of both these men has been to prove, that the Constitution is not a compact between the States, but an instrument of government, formed by the people of the United States, as contradistinguished from the States. They both admit, that if the Constitution were a compact between the States, the States would have a right to withdraw from the compact-all agreements between States, in their sovereign capacity, being, necessarily, of no more binding force than treaties. These gentlemen are not always very consistent, for they frequently fall into the error of calling the Constitution a compact, when they are not arguing this particular question; in short, it is, and it is not a compact, by turns, according to the use they intend to make of the argument. Mr. Webster's doctrine of the Constitution, chieffy relied on by Northern men, is to be found in his speech of 1833, in reply to Mr. Calhoun. It is in that speech that he makes the admission, that if the Constitution of the United States is a compact between the States, the States have the right to withdraw from it at pleasure. He says, "If a league between sovereign powers have no limitation as to the time of duration, and contains nothing making it perpetual, it subsists only during the good pleasure of the parties, although no violation be complained of. If in the opinion of either party it be violated, such party may say he will no longer

fulfil its obligations, on his part, but will consider the whole league or compact as at an end, although it might be one of its stipulations that it should be perpetual."

In his "Commentaries on the Constitution," Mr. Justice Story says, "The obvious deductions which may be, and indeed have been drawn, from considering the Constitution a compact between States, are, that it operates as a mere treaty, or convention between them, and has an obligatory force no longer than suits their pleasure, or their consent continues." The plain principles of public law, thus announced by these distinguished jurists, cannot be controverted. If sovereign States make a compact, although the object of the compact be the formation of a new government for their common benefit, they have the right to withdraw from that compact at pleasure, even though, in the words of Mr. Webster, "it might be one of its stipulations that it should be perpetual."

There might, undoubtedly, be such a thing as State merger; that is, that two States, for instance, might agree that the sovereign existence of one of them should be merged in the other. In which case, the State parting with its sovereignty could never reclaim it by peaceable means. But where a State shows no intention of parting with its sovereignty, and, in connection with other States, all equally jealous of their sovereignty with herself, only delegates a part of it-never so large a part, if you please—to a common agent, for the benefit of the whole, there can have been no merger. This was eminently the case with regard to these United States. No one can read the "Journal and Debates of the Philadelphia Convention," or those of the several State Conventions to which the Constitution was submitted for adoption, without being struck with the scrupulous care with which all the States guarded their sovereignty. The Northern States were quite as jealous, in this respect, as the Southern States. Next to Massachusetts, New Hampshire has been, perhaps, the most fanatical and bitter of the former States, in the prosecution of the late war against the South. That State, in her Constitution, adopted in 1792, three years after the Federal Constitution went into operation, inserted the following provision, among others, in her declaration of principles: "The people of this Common

wealth have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall exercise and enjoy every power, jurisdiction, and right which is not, or may not hereafter be, by them, expressly delegated to the United States."

Although it was quite clear that the States, when they adopted the Constitution of the United States, reserved, by implication, all the sovereign power, rights, and privileges that had not been granted away-as a power not given is necessarily withheld-yet so jealous were they of the new government they were forming, that several of them insisted, in their acts of ratification, that the Constitution should be so amended as explicitly to declare this truth, and thus put it beyond cavil in the future. Massachusetts expressed herself as follows, in connection with her ratification of the Constitution: "As it is the opinion of this Convention, that certain amendments and alterations in said Constitution would remove the fears, and quiet the apprehensions of the good people of the Commonwealth, and more effectually guard against an undue administration of the Federal Government, the Convention do, therefore, recommend that the following alteration and provisions be introduced in said Constitution: First, that it be explicitly declared, that all powers not delegated by the aforesaid Constitution are reserved to the several States, to be by them exercised."

Webster and Story had not yet arisen in Massachusetts, to teach the new doctrine that the Constitution had been formed by the "People of the United States," in contra-distinction to the people of the States. Massachusetts did not speak in the name of any such people, but in her own name. She was not jealous of the remaining people of the United States, as fractional parts of a whole, of which she was herself a fraction, but she was jealous of them as States; as so many foreign peoples, with whom she was contracting. The powers not delegated were to be reserved to those delegating them, to wit: the "several States;" that is to say, to each and every one of the States.

Virginia fought long and sturdily against adopting the Constitution at all. Henry, Mason, Tyler, and a host of other