draw after it the conclusion, that it was to be deemed a compact, (in the sense, to which we have so often alluded,) by which each slate was still, alter the ratification, to act upon it, as a league or treaty, and to withdraw from it at pleasure. A government may originate in the voluntary compact or assent of the people of several states, or of a people never before united, and yet when adopted and ratified by them, be no longer a matter resting in compact; but become an executed government or constitution, a fundamental law, and not a mere league. But the difficulty in asserting it to be a compact between the people of each state, and all the people of the other states is, that the constitution itself contains no such expression, and no such designation of parties.[1] We, "the people of the United States, &c. do ordain, and establish this constitution," is the language; and not we, the people of each state, do establish this compact between ourselves, and the people of all the other states. We are obliged to depart from the words of the instrument, to sustain the other interpretation; an interpretation, which can serve no better purpose, than to confuse the mind in relation to a subject otherwise clear. It is for this reason, that we should prefer an adherence to the words of the constitution, and to the judicial exposition of these words according to their plain and common import.[2]
- ↑ See Dane's App. § 32, 33, p. 41, 42, 43.
- ↑ Chisholm v. Georgia, 2 Dall. 419; 2 Cond. Rep. 668, 671; Martin v. Hunter, 1 Wheat. R. 304, 324; Dane's App. p. 22, 24, 29, 30, 37, 39, 40, 41, 42, 43, 51.
This subject is considered with much care by President Monroe in his Exposition, accompanying his Message, of the 4th of .May, IS22. It is due to his memory to insert the following passage, which exhibits his notion of the supremacy of the Union.
"The constitution of the United States being ratified by the people of the several states, became, of necessity, to the extent of its powers, the paramount authority of the Union. On sound principles, it can be view-
