slaves represented, 1,206,000: thus, the representation of the states in which they are owned, is increased by the addition of twenty-seven members; is a representation of an actual minority of the free people; and though the minority, they may control even this branch of the government, by a majority equal to the slave representation.

These results are not the effect of accident; they must have been foreseen at the adoption of the constitution: unless it was anticipated that the population of the states would be in an inverse ratio to their territory.

In 1788, the whole territory of the thirteen states contained about 500,000 square miles; of which there was comprehended in the boundaries of Virginia and Kentucky, then one state, 103,000; in North Carolina, including Tennessee, 84,000; and in Georgia, including Mississippi and Alabama, 153,000: in the aggregate, 340,000. The other ten states, included only 167,000, adding the territory ceded by Virginia and New York, now composing the states of Ohio, Indiana, and Illinois, containing 134,000; all that was in possession of the confederacy or the states, was 640,000 square miles; of which, three states had more than one-half, while three others had no more than one-eighth part; two of which had only the one hundred and ninety-third, and one only the four hundreth part.

Yet this enormous disparity of territory has no more effect on the equality of a state with any other now, nor hereafter can have without its consent, than the disparity of population. Rhode Island, with 1,360 square miles of territory, is the peer of Virginia, with 64,000. Delaware is the equal of New York, though their population is most enormously disproportionate. The rights of these states are emphatically the rights of a minority of the people; and a government which can be organized, administered, and reorganized, by a minority, whose power is expressly guarantied against any majority of states or people, cannot be any other than a "federal government of these states."

There can be no political absurdity more palpable, than that which results from the theory that the people of the United States, as one people, have instituted a government of the people; a majority (of the people) government; or one which can be altered by the majority: for that majority has no one right, can do no one act under the constitution, or prevent such amendments as would expunge every semblance of a popular feature from it, by reducing New York to an equality with Delaware, in the House of Representatives, and in voting for President; these being the only particulars in which the people of the largest have any more right than those of the smallest states. Nor is there a political truth more apparent from the bills of rights in the constitutions of the several states; their unanimous declaration in congress, in October 1774, and July 1776; their alliance with France in 1778; with each other in 1781; and the supreme law of 1788, established by the people of each, between themselves, as each sovereign; than that the government which they have brought into existence, is a creature of the people of the several states, a

government of a majority of the states; which may be in all its departments, and whole action, administered by the representatives of the minority of the people of the United States; and changed in its whole organization and distribution of powers, by such minority, in all respects save one; and that one is the provision which makes the right and power of the minority irresistible, by the equal suffrage in the Senate, forever secured to each state.

The thirteenth article of the confederacy contained a similar provision: the assent of each state was necessary to any alteration.

The principle, that a majority of states, of the people of the United States, or of either, in any unity of political character, could, in any stage of our history, alter, abolish the old, or institute a new government, is utterly without any sanction in the acts of the states or congress. States were units, who could impart or withdraw power at their pleasure, until they made an express delegation to congress by the league of 1781; each state had its option to become a party to the compact, constitution or grant, made in 1788, by nine states, or to remain a free, sovereign, independent state, nation or power, foreign to the new Union, after the old was dissolved.

By becoming separate parties, they did not divest themselves of their individual unity of character; they remain units as to representation, and as units, reserve all powers not delegated or prohibited: and the ultimate power of revoking all parts but one of the grant, with the concurrence of three-fourths of their associates, and modifying it at their pleasure.

This is the essence of supreme and sovereign power, which testifies that the ultimate absolute sovereignty, is in "the several states," and the people thereof; who can do by inherent right and power, any thing in relation to the constitution, or change of government, except depriving the smallest state of its equal suffrage in the senate: not in the United States, or the people thereof, as one nation, or one people, who in their unity of character or power, can do nothing either by inherent right, or by representation, as a majority.

The power which can rightfully exercise acts of supreme absolute sovereignty, is the sovereign power of a state; no body or power, which can neither move or act, can be sovereign: it exists constitutionally, but as matter incapable of either. The soil of the United States, is as much the source of political power, as its aggregate population. Until the power which can establish government is brought into action, and designates the one or the other as the basis of representation or taxation, each is a perfect dead body; and both are perfectly so by the constitution, in reference to the United States in the aggregate, or as one nation. But in reference to the states, both the land and the population, within their separate boundaries, are brought into operation; its federal numbers are made the stock from which representation arises, and become represented by the action of the qualified electors of the state; and the land in the state is assessed with taxation, by the same rates as its representation is apportioned;

by which land produces revenue, in the same proportion as population produces representation.

This rule is perfectly arbitrary, being the result of a compromise: the people of the states could base representation on property or people; they could select either, or a proportion of both, and the kind of either; and three-fourths of the states or people thereof, can now change the proportion, by excluding slaves altogether, enumerating them as each a freeman, or substituting any other species of property than slaves.

Representation by numbers is not by natural right: slaves have neither political rights or power; it is by compact, the will and pleasure of the states who have so ordained it, as separate sovereigns; and in doing so, have shown in whom the supreme power is vested, and yet remains to be exercised in the future, as it has been in the past.

The institution of the federal government is decisive of the question, it shows the creature and the creator; the power which has made and can unmake the machine it has set in motion, as the work of its own hands, moving within defined limits, operating only on specified subjects, by delegated authority, revocable at will.

The act of delegation is the exercise of sovereignty, and acting under it is a recognition of its supremacy: it may be without limitation in some cases, and until revoked it may be supreme; but it is so only as a delegated authority or agency, the right to revoke, and render its exercise a nullity, is the test by which to ascertain in whom it is vested by original inherent right.

Men are not less free when they unite and form society out of its original elements, into a body politic for the mutual safety and happiness of the parts, by a government instituted for all.

Less or more bodies politic, may unite in their separate character for the same purposes; and agree that the power of each shall be administered by one or more bodies, whom they shall separately authorize to act in their name, and for their benefit, without a surrender or extinguishment of their sovereign character or attributes. When it is adopted voluntarily by each as an unit; the only effect is to create and erect a new body politic or corporation, by a charter or grant by the sovereign power of each. It may be declared revocable by each, by three-fourths, or require the assent of all, as by the confederation; yet as this is a matter of compact, it does not affect the nature of the ultimate sovereign power, which they separately reserve. Thus, the constitution itself, gives an indelible stamp of character to the government it created. It is what all confederated or federal governments are, and from their nature must be; formed by the union of two or more states or nations, on an equal footing, by the act of federation; a league, alliance, or constitution, is the act of each constituent part; acting in the plenitude of its own separate sovereignty, it executes the act, which delegates to a body in which each is separately represented, such powers, as they thus agree, are necessary for their federative purposes; with such restraints on their

several powers, as will prevent the objects of the federation from being defeated.

THE CONNECTION BETWEEN THE COLONIES AND ENGLAND-ITS

DISSOLUTION, AND THE EFFECT THEREOF.

The statesmen of the colonies could not mistake the government under which they lived; the absolute sovereignty of the country was in the king and parliament; colonial and provincial governments were created by charters granted in virtue of royal prerogative, not by acts of parliament. "The British government, which was then our government," claimed the whole territory by right of discovery and conquest; 8 Wh. 588, (ante et post.); the right of the king to legislate over a conquered country, was never denied in Westminster hall, or questioned in parliament. Cowp. 204, 13; 9 Pet. 748. Hence, he may, by his grant by letters patent or charter, authorize the exercise of legislative power, by a government created in a colony, or the proprietary of a province; and letters patent will be presumed from prescription, when a territory has been long possessed, and the powers of government exercised with the assent and approbation of the crown, though none were in fact ever granted: as was the case of the three counties, now composing the state of Delaware. 1 Vez. Sr. 446. Penn v. Baltimore, Chalmers, 60, 40, 1.

No federal connection did or could exist between the mother country and the colonies, or between them, consistently with the constitution of England, whereby parliament was the controlling government over them by their own consent. The colonies could establish a federal government over themselves, when the power of Great Britain over them became extinct by the revolution; but neither they or the states entered into any act of federation, till 1781; neither their separate or unanimous declaration of independence, created or announced the existence of such political relation between them. They declared what was their then political situation, consequent upon the cessation of their allegiance to the king, and the dissolution of all connection between them and "the state of Great Britain," by the acts set forth, one of which was, "He has abdicated government here, by declaring us out of his protection, and waging war upon us. We must therefore acquiesce in the necessity which denounces our separation, and hold them as we do the rest of mankind, enemies in war, in peace friends."

66

A reference to the prior declarations of the congress, will elucidate this. In October, 1774, they declared among other rights, that they were entitled to all privileges and immunities, granted by charter, or secured by their several codes of provincial laws;" "which cannot be taken from them, altered or abridged, without their own consent, by their representatives in their several provincial legislatures." 1 Journ. 28, 9.

In their petitions to the king, at the same time, they state their objects: "We ask but for peace, liberty and safety; we wish not a diminution of the prerogative, nor do we solicit the grant of any new

right in our favour. Your royal authority over us, and our connection with Great Britain, we shall always carefully and zealously endeavour to support and maintain." 66.

In July, 1775, they declared, that "societies or governments, vested with perfect legislatures, were formed under charter from the crown," 134. After stating the causes which induced them to take up arms against the king, they proceed, "We mean not to dissolve that Union subsisting between us and our fellow subjects in the empire. Necessity has not driven us into that desperate measure, or induced us to excite any other nation to war against them. We have not raised armies with ambitious designs of separating from Great Britain, and establishing independent states," 138.

In their letter to the Six nations of Indians, they use a term peculiarly appropriate to a declaration of independence: "You, Indians, know how things are proportioned in a family-between the father and the son-the child carries a little pack. England, we regard as the father-this island may be compared to the son. The pack is increased; the boy sweats and staggers under the increased load, and asks that it may be lightened; asks if any of the fathers in any of their records, had described such a pack for a child; he is ready to fall every moment; but after all his cries and entreaties, the pack is redoubled; yet no voice from his father is heard. "He therefore gives one struggle and throws off the pack; and says he cannot take it up again." "This may serve to illustrate the present condition of the king's American subjects or children," 135. The language is plain, but very easily understood.

In December, 1775, they disavow any allegiance to parliament, but avow it to be due to the king; and deny that they have opposed any of the just prerogatives of the crown, or any legal exertion of those prerogatives, 263. Their petition to the king in 1774, taken in connection with this declaration, shows the precise ground assumed in 1774, and retained, till in the final struggle, this pack was thrown off by the boy. "We know of no laws binding on us, but such as have been transmitted to us by our ancestors; and such as have been consented to by ourselves, or our representatives, elected for that purpose. We, therefore, in the name of the people of these United Colonies, and by authority, according to the purest maxims of representation derived from them, declare, that whatever punishment," &c. 264, 265. Had the congress then declared, what they did afterwards, the only pack they ever acknowledged to have been constitutionally imposed on them, (the prerogative of the crown and consequent alleiance to the king,) would have been thrown off, and the boy becomeg a freeman. This was done in effect, on the 15th of May, 1776, when congress resolved, that "it is necessary that the exercise of every kind of authority under the said crown, should be totally suppresed; and all the powers of government exerted under the authority of the people of the colonies;" 2 Journ. 166. This resolution was a preamble to the resolution of the 10th, recommending to the respective assemblies and conventions of the United Colo