constitution, was the joint and united authority of the States ratifying it; and that, among the effects of their ratification, it became a contract between them; and, as a compact, binding on them — but only as such. In that sense the term, "between," is appropriately applied. In no other, can it be. It was, doubtless, used in that sense in this instance; but the question still remains, over whom, was it ordained and established? After what has been stated, the answer may be readily given. It was over the government which it created, and all its functionaries in their official character — and the individuals composing and inhabiting the several States, as far as they might come within the sphere of the powers delegated to the United States.
I have now shown, conclusively, by arguments drawn from the act of ratification, and the constitution itself, that the several States of the Union, acting in their confederated character, ordained and established the constitution; that they ordained and established it for themselves, in the same character; that they ordained and established it for their welfare and safety, in the like character; that they established it as a compact between them, and not as a constitution over them; and that, as a compact, they are parties to it, in the same character. I have thus established, conclusively, that these States, in ratifying the constitution, did not lose the confederated character which they possessed when they ratified it, as well as in all the preceding stages of their existence; but, on the contrary, still retained it to the full.
