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,

the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects (unless the African slaves among us may be so called), and have none to govern but themselves; the citizens of America are equal as fellowcitizens, and as joint-tenants in the sovereignty."—Dallas' Reports, Vol. II, pp. 470, 471, 472.

VI.

Views of Justice Paterson, in 1795.

Justice Paterson, of the Supreme Court of the United States, in 1795, said: "The truth is, that the States individually, were not known or recognized as sovereign by foreign nations, nor are they now; the States collectively, under Congress as their connecting point, or head, were acknowledged by foreign powers as sovereign, particularly in that acceptation of the term which is applicable to all great national concerns, and in the exercise of which other sovereigns would be more immediately interested; such, for instance, as the rights of war and peace, of making treaties, and sending and receiving ambassadors."-Dallas' Reports, Vol. III, p. 81.

VII.

Washington's Farewell Address.

In Washington's Farewell Address "to the People of the United States," the following passages appear: "The free Constitution which is the work of your hands." "The unity of government which constitutes you one people.""The name of American which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations."-"Community of interests

as one nation."-"To the efficacy and permanency of your Union, a government for the whole is indispensable. No alliance, however strict, between the parts, can be an adequate substitute."

VIII.

John Adams, in 1799.

On the 23d of December, 1799, John Adams, President of the United States, in referring to the death of Washington, said: "Among all our original associates in that memorable league of the Continent in 1774, which first expressed the sovereign will of a free nation in America, he was the only one remaining in the general government."-Journals U. S. Senate.

IX.

Chief Justice Marshall, in 1819.

In the case of McCulloch vs. State of Maryland, decided by the Supreme Court of the United States, in 1819, Chief Justice Marshall, in delivering the opinion of the Court, said: "The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically and truly, a government of the people. In form and in substance it emanated from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit."-Wheaton's Reports, Vol. IV, p. 405.

X.

Andrew Jackson, in 1832.

In a Proclamation issued by Andrew Jackson, President of the United States, on the 10th of December, 1832, concerning the Nullification movements in South Carolina,

the following views are published:-"It" [the Government of the United States] "is a Government in which all the people are represented, which operates directly on the people individually, not upon the States."***"The unity of our political character (as has been shown for another purpose), commenced with its very existence. Under the royal government we had no separate character. Our opposition to its oppressions began as United Colonies. We were the United States under the Confederation, and the name was perpetuated, and the Union rendered more perfect, by the Federal Constitution. In none of these stages did we consider ourselves in any other light than as forming one nation."

XI.

Opinions of Joseph Story.

Judge Story, in his Commentaries on the Constitution of the United States, says: "The declaration of the independence of all the Colonies was the united act of all. It was "a Declaration by the Representatives of the United States of America in Congress assembled," "by the Delegates appointed by the good people of the Colonies," as in a prior declaration they were called. It was not an act done by the State governments then organized; nor by persons chosen by them. It was emphatically the act of the whole people of the United Colonies, by the instrumentality of their representatives, chosen for that among other purposes. It was an act not competent to the State governments, or any of them, as organized under their charters, to adopt. Those charters neither contemplated the case, nor provided for it. It was an act of original, inherent sovereignty, by the people themselves, resulting from their right to change the form of government, and to institute a new government whenever necessary for their safety and

happiness. So the Declaration of Independence treats it." -Story's Com., B. II, p. 211.—Elliot's Debates, Vol. I, p. 66.

XII.

Views of Daniel Webster.

Daniel Webster said: "It is, sir, the people's Constitution, the people's Government, made for the people, made by the people, and answerable to the people. The people of the United States have declared that this Constitution shall be the supreme law." * "We are all agents of the same supreme power, the people. The General Government and the State governments derivé their authority from the same source." * * national Government possesses those powers which it can be shown the people have conferred on it, and no more. All the rest belongs to the State governments, or to the people themselves."-Works of Daniel Webster, Vol. III, pp. 321, 322.

"The

XIII.

John C. Calhoun,

*** "If by the people be meant the people collectively, and not the people of the several States taken separately; and if it be true, indeed, that the Constitution is the work of the American people collectively; if it originated with them, and derives its authority from their will, then there is an end of the argument. The right claimed for a State of defending her reserved powers against the General Government, would be an absurdity."-Calhoun's Works, Vol. VI, p. 146.