these new colonies were suffering. And Burke
in his great speech for conciliation with Amer-
ica says; "How can I draw an indictment
against a whole people?" And then he goes
on in other words to call them a great, mighty
and numerous people. Coming down to the
Congress of 1774, we find it was one of their
first acts after they met, when General Gates
had barricaded Boston, to remonstrate with
them, declaring that such measures were
calculated to irritate a free people otherwise
disposed to peaceable measures, and force
them into hostilities. They do not say "force
these colonies" or "force these States," but
" force a free people." One of the last acts
of that Congress was a petition in which they
represent themselves as "his majesty's most
faithful and loyal people:" not "his Majes-
ty's most faithful and loyal colonies," but
''people." Coming down still later to the
Congress of 1776, Chancellor Kent says
(page 213.)
''In May 1775, a Congress again assembled
at Philadelphia, and was clothed with ample
discretion-dry power. The delegates were
chosen as those of the preceding Congress had
been, partly by the popular branch of the
Colonial Legislature when in session, but
principally by conventions of the people in
the several colonies. They were instructed
to 'concert, agree upon, direct, order and
prosecute' such measures as they should
deem most fit and proper to obtain redress of
American grievances, or in more general
terms, they were to take care of the liberties
of the country."
Hastening on to the time of the confedera-
tion—for I must leave out many things I
wanted to say—we see by the very articles
of the Constitution that there was something
of the nature of a compact between these
States; and we shall presently see the diffi-
culties and evils resulting from that very
compact which this Constitution was formed
to remedy. Even during the old confedera-
tion, the allegiance did not pass from the
people; and in the closing lines of the articles
of confederation we see that it was intended
that the Union should be perpetual. They say :
" And that the articles thereof shall be in-
violably observed by the States we respective-
ly represent, and that the Union shall be
perpetual. Inwitness whereof, we have here-
unto set our hands in Congress."
The defects of the old confederation which
this Constitution was intended to remedy,
will be apparent from what Chancellor Kent
says of them on page 222 :
" As danger receded, instances of neglect
became more frequent, and before the peace
of 1783, the inherent imbecility of the gov-
ernment had displayed itself with alarming
rapidity. The delinquencies of one State be-
came a pretext or apology for those of another.
The idea of supplying the pecuniary exi-
gencies of the nation from requisitions on the |
States, was soon found to be altogether delu-
sive. The national engagements seem to
have been entirely abandoned. Even the
contributions for the ordinary expenses of the
government fell almost entirely upon the
two States which had the most domestic re-
sources. Attempts were very early made
by Congress and in remonstrances the most
manly and persuasive to obtain from the
several States the right of levying, for a lim-
ited time, a general impost, for the exclusive
purpose of providing for the discharge of the
national debt. It was found impracticable
to unite the States in any provision for the
national safety and honor. Interfering reg-
ulations of trade and interfering claims of
territory were dissolving the friendly attach-
ments and the sense of common interest which
had cemented and sustained the Union dur-
ing the arduous struggles of the revolution.
Symptoms of distress and marks of humilia-
tion were rapidly accumulating. It was
with difficulty that the attention of the States
could be sufficiently exerted to induce them
to keep up a sufficient representation in Con-
gress to form a quorum for business. The
finances of the nation were annihilated. The
whole army of the United States was reduced
in 1784, to 80 persons; and the States were
urged to provide some of the militia to gar-
rison the Western posts, in that, to use the
language of the authors of the Federalist,
"each State yielding to the voice of imme-
diate interest or convenience, successively
withdrew its support from the confederation,
till the frail and tottering edifice was ready
to fall upon our heads and to crush us be-
neath its ruins."
That is a model States' rights government.
Now what does the Declaration of Inde-
pendence say? Following up that same idea
that they were a united people, they say in
the Declaration of Independence:
"When in the course of human events it
becomes necessary for one people to dissolve
the political bonds which have connected
them with another," &c.
Not when it becomes necessary for '' these
colonies" or for "these States," but for
" one people."
Coming up still further to the formation of
our own Constitution; was that formed by
the States in their sovereign capacity? No,
sir. Some five States met at Annapolis in
order to devise measures to redress their
wrongs arising under the defects of the old
confederation; but when they met they found
the necessary changes were so radical that
they would not attempt to make them, but
recommended to Congress to call a Conven-
tion to be elected by the people in order to
frame a new Constitution, Congress upon
that suggestion called a Convention, which
was elected by the people, and that Conven-
tion formed our present Constitution. When
it was formed it was sent to Congress. Did |
