time, there were thirteen colonies, down to the time of the revolution. A colony means a settlement of persons who go from the parent country to a distant place, but who remain subject to the parent country.

172. The colonies attempted to form some union among themselves at different times. The New England colonies did so in 1643, for some limited purposes. The last attempt at a more general union of the colonies, was in 1754. Dr. Franklin was one of those who had an agency in the attempt, and appears to have been of opinion, "that a union of the colonies was absolutely impossible, or, at least, without being forced by the most grievous tyranny and oppression.'

173. When the measures of Great Britain compelled the colonies to resist, in 1775, they formed the articles of " confederation ;" which word signifies a league or union among several distinct states or sovereignties, to do certain acts, which are expressed in the articles of agreement entered into by the parties. The word fœdus,t in the Latin language, signifies a league or covenant, and is usually applied to contracts made between sovereigns. The word sovereign is from the French souverain. It means that power, in an independent state or kingdom, which is superior to all other power within the same. Where kings rule, they are called sovereign; in republics, the people are the sovereign. This government was conducted by a Congress (derived from a Latin word, meaning an assembly of persons), which exercised all the powers expressed in the articles. It could make laws, but it could not apply them, nor cause them to be executed. Till 1787, the intelligent men of the country were

* Kent's Comm. I. 193.

+ The word federal is derived from foedus. There were federal governments in Greece; and at the close of the last century, in Holland; and more recently, in South America. The union of the states, so far as the states are concerned, is federal; so far as the union is a government over one people, it is not. When the constitution was before the people in 1788, for adoption or rejection, there was a difference of opinion. Some were for it, some were against it. Those who were for it, were called federalists; those who were against it, were called anti-federalists. There were able and honest men on both sides. John Jay, and James Madison, and Alexander Hamilton, joined in a publication in favor of it. Their work is called "The Federalist," and is, and must ever be regarded as, a work of exalted merit. Strong political parties arose on this occasion. Like other parties, they have passed away, to give place to new ones. In popular and other governments, parties must exist. Those are the most dangerous which support men without regard to principle. The most commendable are those which support men, not to gain a benefit to themselves, but to secure the righteous operation of the principles by which the people have consented to be governed. It is no uncommon thing for the former to pass themselves off for the latter.

convinced, that the intercourse between the states, and the relation of the several states to foreign nations, would produce the most serious difficulties. They foresaw that all the good expected from independence was in great peril. It appeared to them that the states might soon wage war among themselves, and might seek foreign alliances to aid them in their contentions. It thus became a most solemn duty to attempt the establishment of such a union as would keep peace, ensure good neighborhood and its benefits, and make the interest of each state, in relation to all foreign states, one and the same, in peace and in war.

174. In 1787, a convention was held in the city of Philadelphia, to form a new and more perfect union. All the states then existing sent delegates, except Rhode Island. The numbers present at the time of final agreement on the form of the constitution were as follows: from New Hampshire, Massachusetts, Connecticut and Georgia, two each; New York, one; New Jersey, four; Pennsylvania, eight; Delaware, five; Maryland, Virginia and North Carolina, three each; South Carolina, four. In this assembly were many high, pure and honorable minds, well worthy of the serious duty in which they had engaged. All of them were eminent men; and some of them have since appeared in the highest offices of trust and honor in the nation. Other members had been present during the session, but had returned home before the business was finished; and their names do not appear as signers of the instrument agreed on.

175. George Washington was the president of this Convention. It appears, from the letters which he wrote to his friends, who had, like himself, hazarded their fortunes and lives in the war, that he considered the union of the states, under a well-balanced form of government, as the only means of preserving civil liberty. If there was good reason for forming the union, there must be good reason for continuing it. If it was feared that the states would fall into contentions among themselves, if not politically united, the same fear would arise if they were to be separated. If it was probable that the states could be saved from dangerous leagues with foreign powers, only by a firm alliance among themselves, that perilous consequence might follow, if this alliance were broken.

176. It would not be reasonable to expect that the operations of a government over so extensive and varied a community as that of the United States, will always be such as to be

entirely satisfactory in every part. There have been, there are, and there will be, causes of dissatisfaction, in some part. Yet can any one doubt that our lot, as a nation, is a far better one than that of any equal number of persons elsewhere in the world? The people of the United States have not the means of comparing their country, its institutions and advantages, and themselves, politically and socially, with the rest of the world. If this could be done, there would be far less of complaint, and a more common expression of thankfulness.

CHAPTER XV.

Constitution of the United States—continued.

177. THREE things deserve notice; first, that an assembly collected from the whole extent of the states, from New Hampshire to Georgia, representing so many and such varied interests, should have been able to agree on any system of government; secondly, that the system which was agreed on, and which was submitted to the critical examination and patriotic jealousy of conventions, in all the states, acting separately and independently of each other, and at different times, should have obtained assent, absolutely irrevocable, unless by the will of a majority of the whole people; thirdly, that the system adopted should have been found, on actual experiment of forty years, to be fully competent to all the purposes for which it was designed. It has proved to be capable of adapting itself to all the changes which an increasing, thriving and expanding nation was to undergo, and to any number of members in an extending confederacy. The framers of this system are entitled to the gratitude of their countrymen ; and the people who adopted their work well deserve to be honored by their fortunate descendants.

178. This remarkable contract has been differently understood by different and intelligent minds. It has been held to be, (1.) a contract between sovereign states, to establish and maintain a government for the common good of the states, and the inhabitants of the states; (2.) a contract, between each state and all the other states, to establish and maintain a government to the same ends; and that each state reserved to itself the right of judging of the meaning of the contract,

and whether it had been kept or broken; (3.) a contract, between each citizen dwelling within the United States and all other citizens, to establish and maintain a government for the good of the whole, with limited and defined powers; and providing that all powers not expressly given, or necessarily flowing from those which are so given, are reserved to the states, or to the people; with authority in the government, so created, to expound its own powers.

179. In this latter sense, the constitution is now understood by the most eminent men in our country, and is so understood by the high authority of the Supreme Court of the United States, which, in the last resort, is to expound the constitution, and the laws made under its authority.*

180. It will be seen, in the examination of this instrument, that the state governments are required to do some acts in relation to the general government; but these acts are not done in the nature of acts of sovereignty of the states, but as acts so agreed by the people to be done by the aid of forms, which were previously existing, and in familiar use.

181. The people of each one of the United States had declared in each state in what manner they would be governed, and they had made this declaration by a written constitution. They were living under their respective constitutions, and under the articles of confederation, when they took into view the establishment of a new form of government for the whole people. Conventions were held, and proposed measures discussed, according to forms familiar in the states. In our own state, the inhabitants of towns were assembled in the common mode; the choice of delegates to the convention was made and certified as in other elections.

182. The conventions did not represent the state, but the people dwelling within the state, as part of the people of the United States. The constitution was not adopted by the state, but by the people dwelling in the state. The people thus agreed, that certain powers, which before that time had been exercised by the state government and the Congress, under the articles of confederation, should, thereafter, be exercised by persons to be chosen to administer the national constitution; that is, to exercise the powers expressly given, and necessarily implied, and none others.

183. The constitution does not, and could not, descend to

*So decided in the Supreme Court of the United States, in Harrison vs. Hunter's lessee, The opinion pronounced by Judge Story,-1 Wheaton's Rep. 323,

every minute particular: it is general in its terms, and provides in itself for the manner in which those terms shall be expounded and applied. It does this with as much security as is possible in the nature of things, by reserving to the people the return of power at stated periods, when they can judge whether authority shall be continued in the same hands, or transferred to others.

184. Thus it will be found, that, while the state governments continue to exercise various powers, according to the will of the people in each state, and in the manner which their peculiar circumstances require,-the general government exercises other and distinct powers, for the general welfare of the whole nation, in those matters in which the whole nation have a common interest.

185. If it be asked, What is to be done, if the national rulers abuse their power? the answer is, If it be a case in which one or more public officers can be impeached and tried, that is the remedy if it be a case which is regularly cognizable before the judiciary tribunals, a remedy is found there. Suppose that the legislative and executive powers shouldunite in making a tyrannical law, and that ́no remedy could be had by impeachment or judicial trial; or suppose a state, as such, puts itself in avowed hostility to the national government; what is to be done? Such cases are not to be supposed, and consequently are not provided for. If they happen, consequences must take care of themselves. No law was found in the code of Athens, to punish a son for killing his father, because the making of such a law might be an admission that such a crime could be committed. The powers in the national constitution are of like nature with those of the states. They comprise the making of laws, judging of, and executing them.

CHAPTER XVI.

Legislative Power.

186. THERE is, first, a law-making authority vested in Congress, which consists of a House of Representatives and Senate, each of which branches can dissent from or agree to the acts of the other; the concurrence of both being necessary, as in the state governments, to the making of a law.