Page:Hawkins v. Filkins 01.pdf/13

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
298
CASES IN THE SUPREME COURT.

Hawkins vs. Filkins.
[DECEMBER

retains its sovereignty, freedom, independence, and rights, which are not in this confederation expressly delegated to the United States in congress assembled." Elliott's Debates, vol. 1, p. 107. The 3d article declared, that the states severally entered into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare.

At the close of the revolutionary war, in the treaty of peace with England, they are severally named as parties to that treaty, and severally recognized as independent states. Subsequently, when the inefficiency of the articles of confederation became apparent, the several states re-assembled in convention to amend them, so as to give greater strength and efficiency to the federal government, and to form a more perfect and enduring bond of union. The delegates in convention thus assembled, still voted by states, each state having one vote. By its own terms the constitution waa not to take effect, unless adopted by nine of the states. And when adopted by the convention, it was by resolution submitted to a convention of delegates, to be chosen in each state by the people, under the recommendation of the several legislatures thereof, for their assent aud ratification. 1st Elliott's Debates on Con., page 52; Story on the Constitution, vol. 1, page 188.

The constitution was laid before the congress of the United States, and by that body, by resolution, referred to the legislatures of the several states, to be by the legislatures submitted to a convention of delegates, chosen by the people of each of the states. Story on Con., vol. 1, p. 189. And it was, subsequently, ratified by a convention of each of the states, separately, and by several of them not until late in the year 1789, after its submission.

The several states became parties to this compact by force of their voluntary assent and adoption, for it was never seriously doubted, but that if any one of them had declined to adopt the federal constitution, such state would not have been bound by it, even should all of the other states, with the assent of their whole