ecessary to its validity, and
then it becomes not the acceptance and recognition of an authority
"_over_" them--as Mr. Motley represents--but of a compact _between_
them. The simple word "between" is incompatible with any other idea than
that of a compact by independent parties.

If it were possible that any doubt could still exist, there is one
provision in the Constitution which stamps its character as a compact
too plainly for cavil or question. The Constitution, which had already
provided for the representation of the States in both Houses of
Congress, thereby bringing the matter of representation within the power
of amendment, in its fifth article contains a stipulation that "no
State, without its [own] consent, shall be deprived of its equal
suffrage in the Senate." If this is not a compact between the States,
the smaller States have no guarantee for the preservation of their
equality of representation in the United States Senate. If the
obligation of a contract does not secure it, the guarantee itself is
liable to amendment, and may be swept away at the will of three fourths
of the States, without wrong to any party--for, according to this
theory, there is no party of the second part.

[Footnote 52: Gales and Seaton's "Register of Congressional Debates,"
vol. vi, Part I, p. 93.]

[Footnote 53: The words "with another State or with a foreign power"
should have been added to make this statement accurate.]

[Footnote 54: "Congressional Debates," vol. ix, Part I, p. 563.]

[Footnote 55: "Congressional Debates," vol. ix, Part I, p. 566.]

[Footnote 56: Ibid., pp. 557, 558.]

[Footnote 57: "Madison Papers," pp. 1081, 1082.]

[Footnote 58: Ibid., p. 1184.]

[Footnote 59: Luther Martin's "Genuine Information," in Wilbur Curtiss's
"Secret Proceedings and Debates of the Convention," p. 29.]

CHAPTER VIII.

Sovereignty.

"The term 'sovereign' or 'sovereignty,'" says Judge Story, "is used in
different senses, which often leads to a confusion of ideas, and
sometimes to very mischievous and unfounded conclusions." Without any
disrespect for Judge Story, or any disparagement of his great learning
and ability, it may safely be added that he and his disciples have
contributed not a little to the increase of this confusion of ideas and
the spread of these mischievous and unfounded conclusions. There is no
good reason whatever why it should be used in different senses, or why
there should be any confusi