that body were but little regarded by the states, and the country was fast approaching to a state of anarchy.

§ 176. A change in the government now became necessary, as the only means likely to preserve the union. In February, 1787, congress passed a resolution calling a general convention of commissioners from the several states, to meet in Philadelphia in May, to revise and amend the articles of confederation. Delegates were accordingly appointed by all the states except Rhode Island. The convention assembled on the 25th of May; and, after a long and laborious session, and many compromises of interest and opinion, agreed upon the present constitution, which subsequently received the sanction of all the states of the union; and the new government commenced proceedings under it on the 4th of March, 1789. (§ 560.)

CHAPTER III.

Nature and Objects of the Union under the Constitution.

§ 177. "WE the people of the United States, in order to "form a more perfect union, establish justice, ensure domestic "tranquillity, provide for the common defence, promote the

general welfare, and secure the blessings of liberty to our"selves and our posterity, do ordain and establish this consti"tution for the United States of America.”—Preamble to the Constitution.

§178. The union under the confederation, as has been observed, had been found to be very imperfect. The states had severally entered, as expressed in one of the articles, "into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare." But as it was a mere league

was the state of the country at the close of the war? § 176. When was the constitution framed and adopted?

§177. What objects were intended to be accomplished by the constitution? § 178. State briefly the nature of the confederation.

or treaty of alliance, "each state retaining its sovereignty, freedom, and independence," its binding force depended on the good faith of each of the states. Each party was its own judge of the meaning of the contract, and how far it was bound by it. If, therefore, this contract had been broken by either of the parties, remedy could be had only by resorting to the law of force, which, according to the law of nations, is to decide matters of difference between sovereign states. § 179. Hence it appears that the union was merely a federal, not a national union. The word federal, is from the Latin, fœdus, which signifies league or contract. The union was not a national union. The people of the several states were not citizens of the United States, but of their respective states; and as such, they owed obedience to their respective state governments, and not to the federal government. This government was destitute of executive and judicial powers, which are necessary in giving to a government a national character, as well as in rendering it strong and efficient. It had only a legislative power, and this was limited to a few objects.

The con

§ 180. The nature of the union under the present constitution, is briefly expressed in the preamble: "We the people of the United States, in order to form a more perfect union, do ordain and establish this constitution." federation was a union between the states. The states were parties to the contract. But the constitution was adopted by the people of the United States: not, however, in the capacity of an aggregate political community, but by their representatives in state conventions, acting separately for themselves and for their respective communities. It was ratified by the people of each state, in concurrence with the people of all the states, and thus became a mutual contract between all, and operating upon each citizen individually.

§181. The character of the present union may be learn. ed, farther, from the design of the framers of the constitution. It was stated in the convention, at the beginning of its session, that it was intended to form a more energetic

§ 179. What is federal? Of what essential powers was the confeder. ation destitute? § 180. In what respect is the union under the constitution different from the former? § 181, 182. What evidence is

government; and a resolution was adopted, declaring "that a national government ought to be established, consisting of a supreme judicial, legislative, and executive." And in re

porting to congress the result of their labors, the framers say: "In all our deliberations we kept steadily in our view that which appears 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.

§ 182. The above resolution in favor of a national government was strenuously opposed by several members of the convention, who were unwilling that the sovereignty of the states should be given up. They insisted that the people expected only an amendment of the confederation, and not a new form of government. And some of them, having lost all hope of carrying their point, left the convention long before its close.

§ 183. The history of the formation and adoption of the constitution, corrects a very general misapprehension respecting the origin and application of the term "federal." Those were called federalists, who, in the convention, opposed the constitution, and were in favor of the then existing confederation of independent sovereignties; and the advocates of the constitution were, by way of contradistinction, called anti-federalists. But soon after, while the proposed constitution was before the people for their consideration, those who were in favor of its adoption, took the name of federalists, and bestowed upon the other party the name of anti-federalists, thereby intimating that the opposers of the constitution were opposed to any union of the states. One of the consequences of this change of the names of parties, has been the misapplication of the word federal to the present national government; whereas the term, "federal government," was originally applied to the confederation.

§ 184. It will be seen, however, upon examination, that the government is not entirely national in its character, but that it still retains some of its original federative features. The act of establishing the constitution was in one respect

there that the present is a national union? § 183. To whom was the term "federal" formerly applied? § 184. What federal features are

a federal act it was adopted and ratified by the people, not as individuals composing an entire nation, but as composing the distinct states to which they respectively belonged. The federal principle is observed too in the manner in which the senate is constituted. (§ 216.) The same principles will be found in sundry other provisions of the constitution.

Having shown the nature of the union of the states under the present constitution, the objects of this union enumerated in the preamble will next be considered.

§ 185. The first object of framing the constitution, was "to form a more perfect union." It had been the general opinion of the people, that their safety and prosperity required that they should continue firmly united, for all general purposes, under one general government. But when the adoption of the constitution was depending, there were those who opposed the contemplated union, and advocated a division of the states into three or four distinct confederacies, or independent sovereignties. The pens of the ablest statesmen and the purest patriots of that day, were drawn forth in defence of the union, showing its utility to the political prosperity of the people; the insufficiency of the confederation to preserve that union; and the adaptation of the proposed government to the end in view. The good sense of the people prevailed; the new form of government was adopted; and we their "posterity" enjoy the blessings of this "more perfect union."

§ 186. The next object of the union is "to establish justice." Provision had been made by the states to protect the rights of their own citizens. But without some provision in the general government, there could be no certainty that justice would be impartially administered to the citizens of other states. Laws had been made in some states, giving unjust preferences to their own citizens. Provision has accordingly been made in the constitution to place the citizens of all the states on the same footing. (§ 534, 535.)

§ 187. A national government was necessary also to settle controversies between states, between citizens of different

retained in the constitution? § 185. What sentiment, opposed to the union, prevailed when the constitution was depending? § 186, 187. What particular evils were to be remedied in the object " to establish

states, and between a state or its citizens, and foreign states or citizens. Private debts were paid in paper money almost worthless; and foreigners were either denied payment, or put to great inconvenience in recovering their dues. Provision for the payment of the public debt had not been made; nor had the government then existing the power or means of doing so. To restore public and private credit, by enabling debtors to discharge their contracts in a sound currency, a change in the government, like that which the constitution contemplated, became necessary.

§ 188. "To ensure domestic tranquillity," is another object of the constitution. In a state of disunion, dissensions would be likely to arise between the states or confederacies, which might result in violent contests with each other. Disputes had frequently arisen between states, and were settled with difficulty. From similar causes, future controversies were to be apprehended, which could be settled only by a national government.

§ 189. The union under the constitution also furnishes a safeguard against domestic factions and insurrections. A faction is a number of persons, whether a majority or minority of the whole, who unite in opposing the rights of other persons, or the interests of the community. And while men, in a free country, pursue different interests, the causes of faction will exist; and they cannot be removed without destroying liberty itself. So long as a faction consists of less than a majority, its purposes cannot be carried into effect: but if it should embrace a majority of the citizens of a state, it would have the power of oppressing the minority by unjust laws; and, to maintain itself in power, it might go so far as to change the form of government. The confederated power of the states in a national government, can prevent or sup press factions. If an insurrection, (a forcible opposition to the execution of law,) should break out in any of the states, it may be quelled by the general government.

§190. The next object expressed in the preamble, is, "to provide for the common defence." Divided into separate

justice?" § 188. What was contemplated in the object "to ensure domestic tranquillity?" § 189. What effect has the union against factions and insurrections? What are they? § 190. What reason is