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quently, that it does not resemble in that respect the constitutions of the States. There is no such analogy between them, as will presently be shown, as to require that they should be construed by the same rules. The Constitution of the United States is to be considered as a compact or confederation between free, independent and sovereign States, and is to be con[*93] strued as such, in all cases where its language is doubtful. This is the leading and fundamental rule, from which the following may be deduced as consequences

It is to be construed strictly. Our author supposes that the Constitution of the United States ought to "receive as favorable a construction as those of the States;" that it is to be liberally construed; that doubtful words are to be taken most strongly in favor of the powers of the federal government; and that there is "no solid objection to implied powers." All these are but inferences from the great rule which he first laid down, to wit, that the Constitution is to be considered as a frame of government, established by the people of the United States. As that rule cannot apply, because the fact on which it is founded is not true, it would seem to follow, as a necessary consequence, that the inferences deduced from it cannot be allowed. Nevertheless, they shall receive a more particular consideration under the present enquiry.

According to the principles of all our institutions, sovereignty does not reside in any government whatever, neither State nor federal. Government is regarded merely as the agent of those who create it, and subject in all respects to their will. In the States, the sovereign power is in the people of the States respectively; and the sovereign power of the United States would, for the same reason, be in "the people of the United States, if there were any such people, known as a single nation, and the framers of the federal government. We have already seen, however, that there are no such people, in a strict political sense, and that no such people had any agency in the formation. of our Constitution, but that it was formed by the States, emphatically as such. It would be absurd, according to all principles received and acknowledged among us, to say that the sovereign power is in one party, and the power which creates the government is in another. The true sovereignty of the

United States, therefore, is in the States, and not in the people of the United States, nor in the federal government. That government is but the agent through whom a portion of this sovereign power is exerted; possessing no sovereignty itself, and exerting no power, except such only as its constituents have conferred on it. In ascertaining what these powers are, it is obviously proper that we should look only to the grant from which they are derived. The agent can claim nothing for itself, and on its own account. The Constitution is a compact, and the parties to it are each State, with each and every other State. The federal government is not a party, but is the mere creature of the agreement between the States as parties. Each State is both grantor and grantee, receiving from each [*94] and all the other States precisely what, in its turn, it concedes to each and all of them. The rule, therefore, that the words are to be taken most strongly in favor of the grantee, cannot apply, because, as each State is both grantor and grantee, it would give exactly as much as it would take away. The only mode, therefore, by which we may be certain to do no injustice to the intentions of the parties, is by taking their words as the true exponents of their meaning.

Our author thinks, however, that a more liberal rule ought to be adopted, in construing the Constitution of the United States, because "the grant enures solely and exclusively for the benefit of the grantor himself;" and therefore he supposes that "no one would deny the propriety of giving to the words of the grant a benign and liberal interpretation." Admit that it is so, and it would seem to follow that "the benefit of the grantor" requires that we should take from him as little as possible, and that an "interpretation of the words of the grant" would not be 'benign and liberal" as to him, if it deprived him of any more of his rights and powers, than his own words prove that he intended to relinquish. It is evident that this remark of the author proceeds upon the leading idea, that the people of the United States are the only party to the contract; an idea which, we have already seen, can by no means be justified or allowed. The States are parties; each agreeing with each, and all the rest, that it will exercise, through a common agent, precisely so much of its sovereign rights and powers, as will, in its

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own opinion, be beneficial to itself, when so exercised. The grant "enures to the sole and exclusive benefit of the grantor;' and who but the grantor himself shall determine what benefit he had in view, and how far the grant shall extend, in order to secure it? This he has done, in the case before us, by the very terms of the grant. If you hold him bound by any thing beyond those terms, you enable others to decide this matter for him, and may thus virtually abrogate his contract, and substitute another in its place.

I certainly do not mean to say, that in construing the Constitution, we should at all times confine ourselves to its strict letter. This would, indeed, be sticking in the bark, to the worst possible purpose. Many powers are granted by that instrument, which are not included within its express terms, literally taken, but which are, nevertheless, within their obvious meaning. The strict construction for which I contend, applies to the intention of the framers of the Constitution; and this may or may not require a strict construction of their words.

*There is no fair analogy as to this matter between [*95] the Federal Constitution and those of the States, although the author broadly asserts that they are not “distinguishable in this respect ;" and this will sufficiently appear from the following considerations:

1. The entire sovereignty of each State is in the people thereof. When they form for themselves a constitution of government, they part with no portion of their sovereignty, but merely determine what portion thereof shall lie dormant, what portion they will exercise, and in what modes and by what agencies they will exercise it. There is but one party to such a government, to wit, the people of the State. Whatever power their government may possess, it is still the power of the people; and their sovereignty remains the same. So far, therefore, there is "no solid objection to implied powers" in a State constitution; because, by employing power in the government, you take no power from those who made the government.

2. As government is the agent and representative of the sovereign power of the people, the presumption is, that they intend to make it the agent and representative of all their power. In every frame of limited government, the people deny to them

selves the exercise of some portion of their rights and powers, but the larger portion never lies thus dormant, In this case, therefore, (viz. of a government established by an aggregate people,) the question naturally is, not what powers are granted, but what are denied; and the rule of strict construction, if applied at all, should be applied only to the powers denied. This would have the effect of enlarging the powers of government, by limiting the restraints imposed on it.

3. As it is fair to presume that a people absolutely sovereign, and having an unlimited right to govern themselves as they please, would not deny to themselves the exercise of any power necessary to their prosperity and happiness, we should admit all fair and reasonable implications in favor of the government, because, otherwise, some power necessary to the public weal, might be dormant and useless.

In these respects, there is no just analogy between the State constitutions and that of the United States.

In the first place, the Constitution of the United States is not a frame of government to which there is but one party. The States are parties, each stipulating and agreeing with each and all the rest. Their agreement is, that a certain portion of that power which each is authorized to exercise within its own limits shall be exercised by their common agent, within the limits of all of them. This is not the separate power of each, but the joint power of all. In proportion, *therefore, as you increase the powers of the federal government, you [*96] necessarily detract from the separate powers of the States. We are not to presume that a sovereign people mean to surrender any of their powers; still less should we presume that they mean to surrender them, to be exerted over themselves, by a different sovereignty. In this respect, then, every reasonable implication is against the federal government.

In the second place, the Constitution of the United States is not the primary social relation of those who formed it. The State governments were already organized, and were adequate to all the purposes of their municipal concerns. The federal government was established only for such purposes as the State government could not answer, to wit, the common purposes of all the States. Whether, therefore, the powers of that govern

ment be greater or less, the whole power of the States, (or so much thereof as they design to exercise at all,) is represented, either in the federal government or in their own. In this respect, therefore, there is no necessity to imply power in the federal government.

In the third place, whatever power the States have not dele- ! gated to the federal government, they have reserved to themselves. Every useful faculty of government is found either in the one or the other. Whatever the federal government cannot do for all the States, each State can do for itself, subject only to the restraints of its own constitution. No power, therefore, is dormant and useless, except so far only as the States voluntarily decline to exert it. In this respect, also, there is no necessity to imply power in the federal government.

In all these particulars the Federal Constitution is clearly "distinguishable from the constitutions of the State governments." The views just presented support this obvious distinction, that in the State constitutions every power is granted which is not denied; in the Federal Constitution, every power is denied which is not granted. There are yet other views of the subject, which lead us to the same conclusion.

The objects for which the federal government was established, are by no means equal in importance to those of the State constitutions. It is difficult to imagine any necessity for a federal government at all, except what springs from the relations of the States to foreign nations. A union among them is undoubtedly valuable for many purposes. It renders them stronger and more able to resist their enemies; it attracts to them the respect of other countries, and gives them advantages in the formation of foreign connexions; it facilitates all the operations *of war, of commerce, and of foreign diplomacy. But [*97] these objects, although highly important, are not so important as those great rights which are secured to us by the State constitutions. The States might singly protect themselves; singly form their foreign connexions, and singly regulate their commerce; not so effectually, it is true, but effectually enough to afford reasonable security to their independence and general prosperity. In addition to all this, we rely exclusively on the State governments for the security of the great rights of