These delegates did,in point of fact,report to Congress and the States;and Congress did,in point of fact,approve,and the States did,in point of fact,adopt,ratify and confirm the Constitution which they formed.
No other agency than that of the States as such,and of,Congress,which was strictly the representative of the States,is to be discerned in any part of this whole proceeding.We may well ask,therefore,from what unknown source our author derives the idea,that the Constitution was formed by "the people of the United States,"since the history of the transaction,even as he has himself detailed it,proves that "the people of the United States"did not appoint delegates to the Convention,were not represented in that body,and did not adopt and confirm its act as their own!
Even,however,if the question now before us be not,merely and exclusively,a question of historical fact,there are other views of it scarcely less decisive against our author's position.In the first place,I have to remark,that there were no such people as "the people of the United States,"in the sense in which he uses those terms.The Articles of Confederation formed,at that time,the only government of the United States;and,of course,we are to collect from them alone the true nature of the connection of the States with one another.Without deeming it necessary to enumerate all the powers which they conferred on Congress,it is sufficient to remark that they were all exercised in the name of the States,as free,sovereign and independent States.Congress was,in the strictest sense,the representative of the States.The members were appointed by the States,in whatever mode each State might choose,without reference either to Congress or the other States.They could,at their own will and pleasure,recall their representatives,and send others in their places,precisely as any sovereign may recall his minister at a foreign court.The members voted in Congress by States,each State having one vote,whatever might be the number of its representatives!
There was no President,or other common executive,head.The States alone,as to all the more important operations of the government,were relied on to execute the resolves of Congress.In all this,and in other features of the confederation,which it is unnecessary to enumerate,we recognize a league between independent sovereignties,and not one nation composed of all of them together.It would seem to follow,as a necessary consequence,that if the States,thus united together by league,did not form one nation,there could not be a citizen or subject of that nation.Indeed,Congress had no power to make such citizen,either by naturalization or otherwise.
It is true,the citizens of every State were entitled,with certain exceptions,such as paupers,vagabonds,&c.,to all the privileges of citizens of every other State,when within the territories thereof;but this was by express compact in the Articles of Confederation,and did not otherwise result from the nature of their political connection.It was only by virtue of citizenship in some particular State,that its citizens could enjoy within any other State the rights of citizens thereof.They were not known as citizens of the United States,in the legislation either of Congress or of the several States.He who ceased to be a citizen of some particular State,without becoming a citizen of some other particular State,forfeited all the rights of a citizen in each and all of the States.There was no one right which the citizen could exercise,and no one duty which he could be called on to perform,except as a citizen of some particular State.
In that character alone could he own real estate,vote at elections,sue or be sued and in that character alone could he be called on to bear arms,or to pay taxes.
What,then,was this citizenship of the United States,which involved no allegiance,conferred no right and subjected to no duty?Who were "the people of the United States?"Where was their domicil,and what were the political relations which they bore to one another?What was their sovereignty,and what was the nature of the allegiance which it claimed?Whenever these questions shall be satisfactorily answered,designating the people of the several States,distinctively as such,I shall feel myself in possession of new and unexpected lights upon the subject.
