Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/363

This page has been proofread, but needs to be validated.

CH. III.]

NATURE OF THE CONSTITUTION.

323

tions on this subject, we kept steadily in our view that, which appeared to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence." Could this he attained consistently with the notion of an existing treaty or confederacy, which each at its pleasure was at liberty to dissolve?^[1]

§ 356. It is also historically known, that one of the objections taken by the opponents of the constitution was, " that it is not a confederation of the states, but a government of individuals."^[2] It was, nevertheless, in the solemn instruments of ratification by the people of the several states, assented to, as a constitution. The language of those instruments uniformly is, "We, &,c. do assent to, and ratify the said constitution."^[3] The forms of the convention of Massachusetts and New-Hampshire are somewhat peculiar in their language. "The convention, &c. acknowledging, with grateful hearts, the goodness of the Supreme Ruler of the Uni-

↑ The language of the Supreme Court in Gibbons v. Ogden,{9 Wheat. R. 1, 187,) is very expressive on this subject.
"As preliminary to the very able discussions of the constitution, which we have heard from the bar, and as having some influence on its construction, reference has been made to the political situation of these states, anterior to its formation. It has been said, that they were sovereign, were completely independent, and were connected with each other only by a league. This is true. But, when these allied sovereigns converted their league into a government, when they converted their Congress of Ambassadors, deputed to deliberate on their common concerns, and to recommend measures of general utility, into a legislature, empowered to enact laws on the most interesting subjects, the whole character, in which the states appear, underwent a change, the extent of which must be determined by a fair consideration of the instrument, by which that change was effected."
↑ The Federalist, No. 38, p. 247; Id. No. 39, p. 256.
↑ See the forms in the Journals of the Convention, &c. (1819), p. 300 to 465.

[1] The language of the Supreme Court in Gibbons v. Ogden,{9 Wheat. R. 1, 187,) is very expressive on this subject.
"As preliminary to the very able discussions of the constitution, which we have heard from the bar, and as having some influence on its construction, reference has been made to the political situation of these states, anterior to its formation. It has been said, that they were sovereign, were completely independent, and were connected with each other only by a league. This is true. But, when these allied sovereigns converted their league into a government, when they converted their Congress of Ambassadors, deputed to deliberate on their common concerns, and to recommend measures of general utility, into a legislature, empowered to enact laws on the most interesting subjects, the whole character, in which the states appear, underwent a change, the extent of which must be determined by a fair consideration of the instrument, by which that change was effected."

[2] The Federalist, No. 38, p. 247; Id. No. 39, p. 256.

[3] See the forms in the Journals of the Convention, &c. (1819), p. 300 to 465.

[1]

[2]

[3]