These are the words of Washington; and he then proceeds:--

“To be fearful of investing Congress, constituted as that body

is, with ample authorities for national purposes, appears to me

the very climax of popular absurdity and madness.”[184]

The Constitution was duly transmitted by Congress to the several

Legislatures, by which it was submitted to Conventions of delegates

“chosen in each State by the people thereof,” who ratified the same.

Afterwards, Congress, by resolution, dated September 13, 1788, setting

forth that the Convention had reported “a Constitution _for the people

of the United States_,” which had been duly ratified, proceeded to

authorize the necessary elections under the new government.

The Constitution, it will be seen, was framed to remove difficulties

arising from State Rights. So paramount was this purpose, that,

according to the letter of Washington, it was kept steadily in view

in all the deliberations of the Convention, which did not hesitate

to declare _the consolidation of our Union_ essential to prosperity,

felicity, safety, and perhaps national existence.

The unity of the Government was expressed in the term “Constitution,”

instead of “Articles of Confederation and Perpetual Union between the

States,” and in the idea of “a more perfect union,” instead of “a

firm league of friendship.” It was also announced emphatically in the

Preamble:--

“_We, the people of the United States, in order to form a

more perfect union_, establish justice, insure domestic

tranquillity, provide for the common defence, promote the

general welfare, and secure the blessings of liberty to

ourselves and our posterity, do ordain and establish this

Constitution for the United States of America.”

Not “we, the States,” but “we, the people of the United States.” Such

is the beginning and origin of our Constitution. Here is no compact or

league between States, involving the recognition of State Rights, but a

government ordained and established by the people of the United States

for themselves and their posterity. This government is not established

_by the States_, nor is it established _for the States_; but it is

established _by the people_, for themselves and their posterity. It is

true, that, in the organization of the government, the existence of

the States is recognized, and the original name of “United States” is

preserved; but the sovereignty of the States is absorbed in that more

perfect union which was then established. There is but one sovereignty

recognized, and this is the sovereignty of the United States. To the

several States is left that specific local control which is essential

to the convenience and business of life, while to the United States,

as Plural Unit, is allotted that commanding sovereignty which embraces

and holds the whole country within its perpetual and irreversible

jurisdiction.

This obvious character of the Constitution did not pass unobserved at

the time of its adoption. Indeed, the Constitution was most strenuously

opposed on the ground that the States were absorbed in the Nation. In

the debates of the Virginia Convention, Patrick Henry protested against

consolidated power.

“And here I would make this inquiry of those worthy characters

who composed a part of the late Federal Convention. I am sure

they were fully impressed with the necessity of forming a great

consolidated Government, instead of a Confederation. _That

this is a consolidated Government is demonstrable clear_; and

the danger of such a Government is to my mind very striking.

I have the highest veneration for those gentlemen; but, Sir,

give me leave to demand, What right had they to say, ‘_We, the

people_’?… Who authorized them to speak the language of ‘_We,

the people_,’ instead of ‘_We, the States_’?”[185]

And again, at another stage of the debate, the same patriotic opponent

of the Constitution declared succinctly,--

“The question turns, Sir, on that poor little thing, the

expression, ‘We, _the people_,’ instead of _the States_, of

America.”[186]

In the same Convention, another patriotic opponent of the Constitution,

George Mason, following Patrick Henry, said:--

“Whether the Constitution be good or bad, the present clause

clearly discovers that it is a National Government, and no

longer a Confederation.”[187]

But against all this opposition, and in face of this exposure, the

Constitution was adopted, in the name of the people of the United

States. Much, indeed, was left to the States; but it was no longer

in their name that the government was organized, while the miserable

pretension of State “sovereignty” was discarded. Even in the

discussions of the National Convention Mr. Madison spoke thus plainly:--

“Some contend that States are _sovereign_, when, in fact, they

are only political societies. The States never possessed the

essential rights of sovereignty. These were always vested in

Congress.”[188]

Grave words, especially when we consider the position of their author.

They were substantially echoed by Elbridge Gerry, of Massachusetts,

afterwards Vice-President, who said:--

“It appears to me that the States never were independent. They

had only corporate rights.”[189]

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