government labored, might be removed simply by an amendment of the articles of confederation, without an annihilation of its confederate character; and in accordance with the views of this party, we find a draft of a constitution submitted to the consideration of the Convention, which embraced all those powers, namely: the right of regulating commerce with foreign nations and between the States. The power of executing its laws directly upon the people of the States, without the intervention of their respective Legislatures; as also, the right of legislating upon all those subjects which involved the interests of more than one State, to which the legislation of a single State was necessarily inadequate; for the want of which powers, the government then subsisting under "The Articles of Confederation," had in a great measure failed in the object of its institution. The practicability of this plan of government at once resolved the Convention into two great parties; and it is to the alternate successes of these parties, each struggling to stamp the proposed constitution with their respective views, that we are to attribute the present character of that instrument. From the fact, that a third draft of a constitution was submitted to the Convention by Mr. Pinckney, possessed of certain national features, and that these were subsequently made to assume a more federal or confederate character, we must infer that the federal State sovereignty party had acquired the ascendency in that body, and this reasoning becomes the more conclusive, when we reflect that Mr. Pinckney's draft became the basis of the present Constitution, differing from this only in a few instances, in all of which it tended to augment the powers of the proposed government. Such, then, is the history of the parties which were influential in the formation of the present Constitution of the United States. Let us now enter the Hall of the Convention, and learn from the published record of their proceedings how these parties contended for the mastery, and what was the issue of their arduous struggle-whether the State sovereignty or the national party eventually was victorious. But before citing the acts of this body as authoritative, let us look to the source from whence it derived its powers-whether these emanated from the people of the States through their organs, the State Legislatures, or from the people of the United States, viewed collectively, a knowledge of which fact will prove essential to the just perception of the United States government.

By the thirteenth article of confederation of 1778, it was agreed by the States, that "The Articles of Confederation shall be inviolably observed by every State; and the Union shall be perpetual; nor shall any alteration at any time thereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislature of every State."

The first public recommendation of a general Convention of all the States, for the purpose of amending "The Articles of Confederation," was made by a particular Convention of Delegates from the States of Virginia, Maryland,

Delaware, Pennsylvania, New-Jersey, and New-York, at Annapolis, in consequence of which, as early as the 16th of October, 1786, an act passed the Legislature of Virginia appointing commissioners to that Convention.-Jour. Conv., p. 56.

On the 23d of November, 1786, the State of New-Jersey, by a joint resolution of its Council and Assembly, likewise appointed commissioners to meet those who might be appointed by the other States, to take into consideration the state of the Union, as to trade and other important objects; and for the purpose of devising such other provisions as shall appear to be necessary to render the Constitution of the federal government adequate to the exigencies thereof.-Jour. Conv., p. 25.

On the 30th December of the same year, Pennsylvania passed a similar resolution-"Weighing the difficulties under which the confederate States now labor, the General Assembly is fully convinced of the necessity of revising the Federal Constitution, for the purpose of making such alterations and amendments as the exigencies of our public affairs require," and appointed commissioners for that purpose.-Jour. Conv., p. 28.

In January, 1787, North-Carolina passed an act electing delegates to the proposed Convention, "For the purpose of revising the Federal Constitution, and to discuss and decide upon the most effectual means to remove the defects of our Federal Union, and to procure the enlarged purposes which it was intended to effect; and that they report such an act to the General Assembly of this State as, when agreed to by them, will effectually provide for the same."-Jour. Conv., p. 55-56.

On the 3d of February, of the same year, Delaware passed an act with this proviso: "That such alterations, or further provisions, or any of them, do not extend to that part of the fifth article of the Confederation of the said States, which declares, that "in determining questions in the United States, in Congress assembled, each State shall have one vote.'"-Jour. Conv., p. 33.

In Georgia, on the 10th of February, 1787, an ordinance was passed by the General Assembly, appointing commissioners, "To join in devising and discussing all such alterations and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union," etc., with the usual clause for reporting such an act for that purpose to Congress for its assent, and to the States for their confirmation.Jour. Conv., p. 54.

On the 21st of February, 1787, the Congress of the United States made the next step towards the formation of its present Constitution, by passing the following resolution:

Whereas, there is a provision in the articles of confederation and perpetual union, for making alterations therein, by the assent of a Congress of the United States, and the Legislatures of the several States; and whereas experience hath evinced that there are defects in the present confederation,

as a means to remedy which, several of the States, and particularly the State of New-York, by express instructions to their delegates in Congress, have suggested a Convention for the purposes expressed in the following resolutions; and such Convention appearing to be the means of establishing in the States a firm national government, Resolved, That in the opinion of Congress, it is expedient, that on the second Monday of May next, a Convention of Delegates, who shall be appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, 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 the government, and the preservation of the Union.-Jour. Conv., p. 5.

On the 28th of February, of the same year, the State of New-York also appoints delegates-"For the sole and express purpose of revising the articles of confederation and reporting to Congress and the several Legislatures such alterations and provisions therein, as shall, when agreed to in Congress and confirmed by the several States, render the Federal Constitution adequate," etc.—Jour. Conv., p. 22.

On the 8th of March, South-Carolina also passed an act for electing delegates to the Convention-"For the purpose of revising the Federal Constitution" and "in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederate States."-Jour. Conv.

On the 9th of April, 1787, the Governor of Massachusetts commissions the delegates to the Convention in the following language: "Whereas Congress did, on the 21st day of February, 1787, resolve, 'that in the opinion of Congress, it is expedient that, on the second Monday in May next, a convention of Delegates, who shall be appointed by the several States, be held in Philadelphia, for the sole and express purpose of revising the articles of confederation and reporting to Congress and the several Legisla tures, 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.' And, whereas, the General Courts have constituted and appointed you their delegates, to attend, etc., and have, by a resolution of theirs of the 10th of March last, requested me to commission you for that purpose. Now, therefore, etc."-Jour. Conv., p. 19.

In May, 1787, the Legislature of Connecticut appointed delegates-"For the sole and express purpose of revising the articles of the confederation" and "to discuss upon such alterations and provisions, agreeable to the principles of republican government, as they think proper to render the Federal Constitution adequate to the exigencies of government and the preservation

of the Union; and to report such alterations and provisions to the Congress of the United States and to the General Assembly of the States."-Jour. Conv., p. 20.

Maryland, on the 26th of May, 1787, conferred similar powers on her delegates, for the purpose of revising the federal system, and to join in considering such alterations and further provisions as it may be necessary to render the Federal Constitution adequate, etc., as when confirmed by the several States, will effectually provide for the same. "And the said deputies are hereby directed to report the proceedings of the said Convention, any acts agreed therein, to the next session of the General Assembly of this State."-Jour Conv., p. 34.

On the 27th of June, 1787, it was enacted by the Legislature of NewHampshire, "that John Langdon, etc., be hereby appointed commissioners, etc., to meet the deputies from the other States in Convention, to discuss and decide upon the most effectual means to remedy the defects of our Federal Union, etc., and to report such an act to the United States in Congress as when agreed to by them, and duly confirmed by the several States, will effectually provide for the same."-Jour. Conv., p. 17.

Rhode-Island did not appoint delegates.

Conforming to our original intention, let us now enter the Hall of the Convention, and see how far the members of this body, representing, as they did, the State Legislatures, dared to deviate from the rigid instructions of their constituents; whether absolving themselves from their respective obligations, they established a national instead of a federal government, as contemplated in all these instructions, the tenor of all of which was to the following effect, "for the sole and express purpose of revising the articles of confederation, and making such further alterations and provisions, as shall render the Federal Constitution adequate to the exigencies of the government and the preservation of the Union."

Notwithstanding the above positive injunctions of the State Legislatures to their delegates, we learn from the valuable record above quoted, that the majority of the members of this august body whose transactions it records, on their first coming together, was of opinion that if the proposed government was not to partake more of the national than of the federal character, that it would not prove adequate to the exigencies of its institution; but as the Convention progressed in its labors, we are apprised that a great change was effected in the opinions of its members, which eventuated in the proposed constitution assuming a decidedly federal character, a reference to the pages of which record will fully prove.

On the 30th of May, "It was then moved by Mr. Randolph, and seconded by Mr. Governeur Morris, * * * * Resolved, That a union of the States, merely federal, will not accomplish the objects proposed by the articles of confederation, etc. * * It was then proposed to take up the following resolution, submitted by Mr. Randolph, namely: Resolved, That

a

a national government ought to be established, etc." It was then proposed by Mr. Pinckney, that the words, "a more effective government," be substituted in lieu of the terms "national and federal," but so wedded was the majority of the Convention, at this period, to a national government, in opposition to the express provisions of their respective instructions, that they rejected the amicable proposal.-Jour. Conv., p. 82.

On the 8th of June, "It was moved by Mr. Pinckney, and seconded by Mr. Madison, to strike out the following words in the sixth resolution : "To negative all laws passed by the several States, contravening, in the opinion of the National Legislature, the articles of union, or any treaties subsisting under authority of the Union:" and to insert the following words in their place, namely: "To negative all laws which shall appear to them improper." On the question to strike out it passed in the negative. It is here, then, observable to what an extent of nationalism the Convention was willing to go!-even to the establishment of a government of unlimited power; for such would have been the case, if the General Government had been invested with this controlling power over the States. The reader's attention must be pointed to the fact, that it was not the magnitude of the power proposed to be invested which receives the negative of the Convention, but only the motion which tended to clothe the same power in different language. The same feature of nationalism, and the same desire of establishing a General Government of unlimited powers, is again manifested on the 18th of June, with only this difference, that instead of vesting this veto upon the laws of the different States in a National Legislature, it was proposed to vest it in the President of the proposed government, through the intervention of State governors, whom he should appoint.

With these and many other instances, in which attempts were made to consolidate the people of the States into one great national government, did the consolidationists of the Convention hurry on to the accomplishment of their favorite object, when on the 25th of June, they suddenly received a check, and were thus partially defeated. On that day, "It was moved and seconded to ERASE the word National, and substitute the words "United States," which passed in the affirmative.-Jour. Conv., p. 146.

On the 6th of August we learn that the Committee of Five to whom had been referred the various resolutions which had passed the Convention up to this period, dropped the term "National" altogether and substituted that of "United States." This omission in the name of the word "National" and the substituting that of "United States," and the acquiescence of the Convention in the same, is very important in elucidating our subject, and the more so when we are informed that the term "National" was frequently used in the resolutions submitted to this committee, from which material it was to draft its plans of constitution.

On the 18th of August, we find the term "United States" altogether in use.