authority; that they voted in the convention by States; and that their votes were counted by States — are recorded and unquestionable facts. So, also, the facts that the constitution, when framed, was submitted to the people of the several States for their respective ratification; that it was ratified by them, each for itself; and that it was binding on each, only in consequence of its being so ratified by it. Until then, it was but the plan of a constitution, without any binding force. It was the act of ratification which established it as a constitution between the States ratifying it; and only between them, on the condition that not less than nine of the then thirteen States should concur in the ratification — as is expressly provided by its seventh and last article. It is in the following words: "The ratification of the conventions of nine States shall be sufficient for the establishment of this constitution between the States so ratifying the same." If additional proof be needed to show that it was only binding between the States that ratified it, it may be found in the fact, that two States, North Carolina and Rhode Island, refused, at first, to ratify; and were, in consequence, regarded in the interval as foreign States, without obligation, on their parts, to respect it, or, on the part of their citizens, to obey it. Thus far, there can be no difference of opinion. The facts are too recent and too well established — and the provision of the constitution too explicit, to admit of doubt.
That the States, then, retained, after the ratification of the constitution, the distinct, independent,
