pendence of the several States. In that Declaration the several States are not even enumerated; but after reciting, in nervous language, and with convincing arguments, our right to independence and the tyranny which compelled us to assert it, the Declaration is made in the following words: 'We, therefore, the representatives of the United States of America in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these Colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent States.' The separate independence and individual sovereignty of the several States were never thought of by the enlightened band of patriots who framed the Declaration; the several States are not even mentioned by name in any part of it—as if it was intended to impress this maxim on America, that our freedom and independence arose from our Union, and that without it we could neither be free nor independent. Let us, then, consider all attempts to weaken this Union, by maintaining that each State is separately and individually independent, as a species of political heresy, which can never benefit us, but may bring on us the most serious distresses."-Elliot's Debates, Vol. IV, p. 301.

General Charles Cotesworth Pinckney was a soldier of the Revolutionary War; an aide-de-camp to General Washington, at Brandywine and Germantown; and a member of the Convention that formed the Constitution of the United States.

XVIII.

George Bancroft.

George Bancroft, the historian, says: "The inefficiency of the Confederate Government having been proved by experience in war and in peace, the United States proceeded

to the greatest achievement in the civil history of man, the formation of a more perfect Union, by the deliberate act and choice of the people."-Bancroft's Introduction to Hunt's Life of Livingston, p. xiv.

XIX.

Governor Randolph, of Virginia, in 1788.

When the adoption of the Constitution of the United States was under consideration in the Virginia Convention, June 9, 1788, Governor Randolph, one of the Delegates, said: "When I had the honor of being deputed to the Federal Convention to revise the existing system, I was impressed with the necessity of a more energetic government, and thoroughly persuaded that the salvation of the people of America depended on an intimate and firm union."-Debates in Va. Conven., p. 140.

XX.

Henry Lee, of Virginia, in 1788.

In the Virginia Convention, June 9, 1788, Henry Lee, of Westmoreland county, said: "The people of America, sir, are one people. I love the people of the north, not because they have adopted the Constitution, but because I fought with them as my countrymen, and because I consider them as such.” *.* * “In all local matters I shall be a Virginian: in those of a general nature, I shall not forget that I am an American."-Debates in Va. Conven., p. 134.

CHAPTER X.

I.

Mr. Page, of Virginia, in 1789.

On the 15th of August, 1789, at the first session of the first Congress under the authority of the new Constitution, Mr. Page, a member of the House of Representatives, from Virginia, said: "All power vests in the people of the United States. It is, therefore, a government of the people-a Democracy. If it were consistent with the peace and tranquillity of the inhabitants, every freeman would have a right to come and give his vote on the law; but inasmuch as this cannot be done, by reason of the extent of the territory, and some other causes, the people have agreed that their representatives shall exercise a part of their authority."—Annals of Congress.

II.

James Madison, in 1789.

In Congress, on the 18th of August, 1789, Mr. Madison, of Virginia, said: "It was impossible to confine government to the exercise of express powers; there must necessarily be admitted powers by implication unless the Constitution descended to recount every minutia. He remembered the word 'expressly' had been moved in

the Convention in Virginia, by the opponents of the ratification, and, after full and fair discussion, was given up by them, and the system allowed to retain its present form."-Annals of Congress.

III.

Congress in 1789.

In Congress, on the 21st of August, 1789, the House proceeded to the consideration of certain amendments to the Constitution, reported by the Committee of the whole. Mr. Gerry proposed to amend the ninth proposition by inserting the word "expressly," so as to read "the powers not expressly delegated by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people." As he thought this amendment of great importance, he requested that the Yeas and Nays might be taken. He was supported in his request by one-fifth of the members present: whereupon the yeas and nays were taken, and were as follows:

Yeas-Messrs. Burke, of South Carolina; Coles, of Virginia; Floyd, of New York; Gerry, of Massachusetts; Hathorn, of New York; Grout, of Massachusetts; Jackson, of Georgia; Livermore, of New Hampshire; Page, of Virginia; Parker, of Virginia; Partridge, of Massachusetts; Van Rensselaer, of New York; Smith, of South Carolina; Stone, of Maryland; Sumter, of South Carolina; Thatcher, of Massachusetts; and Tucker, of South . Carolina.-17 Yeas.

Nays-Messrs. Ames, of Massachusetts; Benson, of New York; Boudinot, of New Jersey; Brown, of Virginia; Cadwallader, of New Jersey; Carroll, of Maryland; Clymer, of Pennsylvania; Foster, of New Hampshire; Gale, of Maryland; Fitzsimmons, of Pennsylvania; Gilman, of New Hampshire; Goodhue, of Massachusetts; Hartley, of Pennsylvania; Heister, of Pennsylvania;

Lawrence, of New York; Lee, of Virginia; Madison, of Virginia; Moore, of Virginia; Muhlenburg, of Pennsylvania; Schureman, of New Jersey; Scott, of Pennsylvania; Sedgwick, of Massachusetts; Seney, of Maryland ; Sherman, of Connecticut; Sylvester, of New York; Sinnickson, of New Jersey; Smith, of Maryland; Sturges, of Connecticut; Trumbull, of Connecticut; Vining, of Delaware; Wadsworth, of Connecticut; and Wynkoop, of Pennsylvania.-32 Nays.

IV.

Erroneous Use of the Word "Expressly."

It is not possible to find grounds on which to raise a presumption of an intentional misrepresentation on the part of the eminent public characters who, on many different occasions, have confidently asserted that the Congress of the United States is restricted to the exercise of powers expressly granted by the Constitution of the United States; but the inexcusable carelessness of these political instructors of a large number of the people of the nation, is a matter which may be regarded with mingled feelings of great astonishment and profound regret.

V.

Views of Chief Justice Jay, in 1793.

In 1793, Chief Justice Jay, of the Supreme Court of the United States, said: "The Revolution, or rather the Declaration of Independence, found the people already united for general purposes, and at the same time providing for their more domestic concerns, by State Conventions, and other temporary arrangements. From the Crown of Great Britain the sovereignty of their country passed to the people of it."

* *"At the Revolution,