rights to state constitutions, and caused a proposition of the kind to be rejected by the sages, statesmen, and patriots, who framed the constitution of the United States. It can only be correct upon the ground, that neither the state nor federal governments received any powers except as trustees, or specified; and of course it was thought that the term "sovereignty," and its coadjutors "supremacy and prerogative" were inapplicable to our governments, and incapable of defeating the reason, upon which a bill of rights was rejected. Otherwise, this rejection must be considered as a stratagem (for they cannot be charged with a want of knowledge,) invented by a considerable number of our wisest and best men to enslave their country.

The patience of the reader is solicited, whilst I am endeavouring to establish the principles by which we ought to be guided in construing our constitutions. Unless this is done before we enter into that intricate field, as the soundest minds cannot suddenly and intuitively understand new and intricate questions, they will never be understood at all; nor construction confined within any range. To prove that the right of selfgovernment, or sovereignty, if the right should be so called, resides in the people, may be thought a waste of time, as it is generally admitted; but in my view it seemed necessary to consider the point, both to sustain the arguments to be extracted from it as I proceed; and because an inattention to its consequences has, I think, caused several unpremeditated deviations from that loyalty to this primary principle of our whole political system, which our governments both feel and profess.

Who made it? "We, the people of the United States." But who were they? The associated inhabitants of each state, or the unassociated inhabitants of all the states. This question is an exposition, either of the ignorance or the design of construction. If there is no difficulty in answering it, construction ought to be laughed at for playing the fool; but if it gives the wrong answer, as supposing it to furnish contrary inferences to the right one, it ought to be suspected of playing the knave. At least an attempt to construe away a fact, known to every body, is a very fine specimen of its character when aiming at an accession of power. It has been imagined, that by considering the union as the act of the people, in their natural, and not in their political associated capacity, some aspect of consolidation might be shed over the country, and that the federal government might thereby acquire more power. But I cannot discern that the construction of the constitution will be affected in the smallest degree, by deducing it from either source, provided a sound authority is allowed to the source selected. Every stipulation, sentence, word and letter; and every donation, reservation, division and restriction, will be exactly the same, whichever is preferred. A man, having two titles, may distinguish himself by which he pleases, in making a contract; and whichever he uses, he remains himself. So the people having two titles or capacities, one arising from an existing association, the other from the natural right of self-government, may enter into a compact under either, but are themselves still; and their acts are equally obligatory, whichever they may select. Politicians may therefore indulge their taste in deducing the constitution of the union from either, but whichever they may fancy, no sound ground will thence result for their differing in the construction of it.

Nevertheless, to take away the pretext, however unsubstantial, for a different construction of the constitution, on account of the capacity or title under which the people acted in its establishment, it is material to ascertain the meaning of the phrase "we the people of the United States;" towards which, let us run over most of the state constitutions.

New Hampshire. "The people of this state have the sole and exclusive right of governing themselves as a free, sovereign and independent state. Every subject of this state. In the government of this state. The people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign and independent body politick or state. That the state may be equally represented. I do swear that I will bear faith and true allegiance to the state of New Hampshire." Massachusetts. "The body politick is formed by voluntary association of individuals. The people of this commonwealth have the sole right of governing themselves as a free, sovereign and independent state. The people do hereby mutually agree with each other, to form themselves into a free, sovereign and independent body politick or state." New York. "This convention, in the name and by the authority of the good people of this state. The legislature of this state. No members of this state shall be disfranchised. Delegates to represent this state in the general congress of the United States. Be it enacted by the people of the state." Pennsylvania. "We the people of the commonwealth of Pennsylvania ordain. The legislature of a free state. All government originates from the people and is founded in compact only."

Delaware. "The people of this state. The government shall be called the Delaware state. The legislature of this state. The general assembly of this state. There shall be no establishment of any one religious sect in this state." Maryland. "The people of this state ought to have the sole and exclusive right of regulating the internal government thereof. The legislature of this state. The delegates to congress from this state shall be chosen by joint ballot of both houses

of assembly. I will be faithful and bear true allegiance to the state."

Virginia. "All power is derived from the people. Magistrates are their trustees or servants. A well regulated militia is the proper defence of a free state."

North Carolina. "The people of this state have the sole and exclusive right of regulating the internal government thereof. Monopolies are contrary to the genius of a free state. All commissions shall run in the name of the state of North Carolina. The legislature of this state. The constitution of this state."

South Carolina. "The legislative authority of this state. The several election districts in this state shall elect. The style of process shall be "The state of South Carolina, and conclude against the peace and dignity of the state." I swear to preserve the constitution of this state and of the United States." Georgia. "Members of the legislature shall swear to promote the good of the state, to bear true allegiance to the same, and to observe the constitution. To make laws necessary for the good of the state. Citizens and inhabitants of this state."

Vermont. "The people are the sole source of power. They have the exclusive right of internal government. All officers of government are their servants. Legislative and executive business of this state. The people have a right to exact from their legislators and magistrates the good government of the state. The legislature of a free and sovereign state. Shall be entitled to all the privileges of a freeman of this state. Every officer shall swear to be faithful to the state of Vermont, and to do nothing injurious to the constitution or government thereof."

Without further quotations, let us demonstrate the force of these, extracted from a majority of the state constitutions, to fix the meaning of the term "state" according to the publick judgment, by substituting the word "government" for it. They would then read as follows."

"The people of this government have the sole and exclusive 'right of governing themselves as a free, sovereign and inde"pendent government."

"

F

"In the government of this government."

"That the government may be equally represented."

"The people of this government ought to have the sole and "exclusive right of regulating the internal government thereof." "The legislature of this government."

"I will be faithful and bear true allegiance to the government.” "The several election districts in this government shall elect." "Members of the legislature shall swear to promote the good "of the government and to make laws for the good of the go"vernment."

"Citizens and inhabitants of this government."

"The people have a right to exact from their legislators and "magistrates the good government of the government.”

"Commissions shall be in the name of the freemen of the go"vernment."

It would be an incivility to the reader, to subjoin to these quotations, many arguments, to prove, that the term "state" is not in any one instance used in reference to all the people of the United States, either as composing a single state, or as being about to compose a single state. Used geographically, it refers to state territory; used politically, it refers to the inhabitants of this territory, united by mutual consent into a civil society. The sovereignty of this association, the allegiance due to it, and its right to internal government, are all positively asserted. The terms" state and government" far from being synonimous, are used to convey different ideas; and the latter is never recognised as possessing any species of sovereignty.

It next behooves us to consider whether the term "states" has changed its meaning, by being transplanted from its original nursery, into the constitution of the United States; and is there used to designate all the inhabitants of the United States, as constituting one great state; or whether it is recognised in the same sense in which it had been previously used by most or all of the state constitutions.

The plural "states" rejects the idea, that the people of all the states considered themselves as one state. The word "united" is an averment of pre-existing social compacts, called states; and these consisted of the people of each separate state. It admits the existence of political societies able to contract with each other, and who had previously contracted. And the