and of governments, is evident; or why are those terms
distinctly and separately used? A constitution is not the act of a
government, but of a people constituting a government; and government
without a constitution, is power without a right.
All power exercised over a nation, must have some beginning. It
must either be delegated or assumed. There are no other sources. All
delegated power is trust, and all assumed power is usurpation. Time does
not alter the nature and quality of either.
In viewing this subject, the case and circumstances of America present
themselves as in the beginning of a world; and our enquiry into the
origin of government is shortened, by referring to the facts that have
arisen in our own day. We have no occasion to roam for information into
the obscure field of antiquity, nor hazard ourselves upon conjecture.
We are brought at once to the point of seeing government begin, as if we
had lived in the beginning of time. The real volume, not 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 necess
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