of history,
but of facts, is directly before us, unmutilated by contrivance, or the
errors of tradition.

I will here concisely state the commencement of the American
constitutions; by which the difference between constitutions and
governments will sufficiently appear.

It may not appear improper to remind the reader that the United
States of America consist of thirteen separate states, each of
which established a government for itself, after the declaration of
independence, done the 4th of July, 1776. Each state acted independently
of the rest, in forming its governments; but the same general principle
pervades the whole. When the several state governments were formed, they
proceeded to form the federal government, that acts over the whole in
all matters which concern the interest of the whole, or which relate to
the intercourse of the several states with each other, or with foreign
nations. I will begin with giving an instance from one of the state
governments (that of Pennsylvania) and then proceed to the federal
government.

The state of Pennsylvania, though nearly of the same extent of territory
as England, was then divided into only twelve counties. Each of those
counties had elected a committee at the commencement of the dispute with
the English government; and as the city of Philadelphia, which also
had its committee, was the most central for intelligence, it became
the center of communication to the several country committees. When
it became necessary to proceed to the formation of a government, the
committee of Philadelphia proposed a conference of all the committees,
to be held in that city, and which met the latter end of July, 1776.

Though these committees had been duly elected by the people, they were
not elected expressly for the purpose, nor invested with the authority
of forming a constitution; and as they could not, consistently with the
American idea of rights, assume such a power, they could only confer
upon the matter, and put it into a train of operation. The conferees,
therefore, did no more than state the case, and recommend to the several
counties to elect six representatives for each county, to meet in
convention at Philadelphia, with powers to form a constitution, and
propose it for public consideration.

This convention, of which Benjamin Franklin was president, having met
and deliberated, and agreed upon a constitution, they next ordered it to
be published, not as a thing established