hus given an instance from one of the states, I will show the
proceedings by which the federal constitution of the United States arose
and was formed.

Congress, at its two first meetings, in September 1774, and May 1775,
was nothing more than a deputation from the legislatures of the several
provinces, afterwards states; and had no other authority than what arose
from common consent, and the necessity of its acting as a public body.
In everything which related to the internal affairs of America, congress
went no further than to issue recommendations to the several provincial
assemblies, who at discretion adopted them or not. Nothing on the
part of congress was compulsive; yet, in this situation, it was more
faithfully and affectionately obeyed than was any government in
Europe. This instance, like that of the national assembly in France,
sufficiently shows, that the strength of government does not consist in
any thing itself, but in the attachment of a nation, and the interest
which a people feel in supporting it. When this is lost, government is
but a child in power; and though, like the old government in France, it
may harass individuals for a while, it but facilitates its own fall.

After the declaration of independence, it became consistent with the
principle on which representative government is founded, that the
authority of congress should be defined and established. Whether that
authority should be more or less than congress then discretionarily
exercised was not the question. It was merely the rectitude of the
measure.

For this purpose, the act, called the act of confederation (which was a
sort of imperfect federal constitution), was proposed, and, after long
deliberation, was concluded in the year 1781. It was not the act of
congress, because it is repugnant to the principles of representative
government that a body should give power to itself. Congress first
informed the several states, of the powers which it conceived were
necessary to be invested in the union, to enable it to perform the
duties and services required from it; and the states severally agreed
with each other, and concentrated in congress those powers.

It may not be improper to observe that in both those instances (the one
of Pennsylvania, and the other of the United States), there is no such
thing as the idea of a compact between the people on one side, and the
government on the other. The compact was that of the people with each
other,