We have seen how the Confederation, in spite of the warnings of this great man, had constantly declined; but in his retreat at Mount Vernon, a watchful eye and a thoughtful mind at once marked its decline and considered its renovation. His correspondence with the leading patriots of the day was incessant. He had asked their opinions upon a new Constitution, and among others, from Madison, who thus replied: "Conceiving that an individual independence of the States is totally irreconcilable with their aggregate sovereignty, and that a consolidation of the whole into one simple Republic would be as inexpedient as it is unattainable, I have sought for some middle ground which may at once support a due supremacy of the National authority, and not exclude the local authorities wherein they can be subordinately useful." And Mr. Jay thus addressed Washington on the same subject:"What powers should be granted to the Government so constituted is a question which deserves much thought-I think, the more the better, the States retaining only so much as 1 SPARKS' Life of Washington, ix. 516. * * * may be necessary for domestic purposes, and all their principal officers, civil and military, being commissioned removable by the National Government No alterations in the Government should, I think, be made, nor if attempted will easily take place, unless deducible from the only source of just authority, the People." 1 * General Knox's opinion is equally strong, "In my former letters I mentioned that men of reflection and principle were tired of the imbecilities of the present Government, but I did not point out any substitute. It would be prudent to form the plan of a new house, before we pull down the old one. * ** It is out of all question that the foundation must be of republican principles, but so modified and wrought together, that whatever shall be erected thereon shall be durable and efficient. I speak entirely of the Federal Government, or, which would be better, one Government, instead of an association of Governments." 2 These opinions were given, be it observed, Idem, ix. 572. 2 Idem, ix. 515. before the Convention had met. On the conclusion of its labours, a letter to Congress was adopted, to accompany the Constitution, and officially signed by Washington, as President. From it we make the following extract: "It is obviously impracticable, in the Federal Government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered and those which may be reserved; and on the present occasion this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests. "In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American: the consolidation of the Union-in which is involved our prosperity, felicity, safety; perhaps, our national existence. This important consideration, seriously and deeply impressed upon our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected-a spirit of amity and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable." 1 Mr. Hamilton's opinions were no less decisive than those quoted. They are thus given in summary by Mr. Curtis - " All Federal Governments are weak and distracted. In order to avoid the evils incident to that form, the Government of the American Union must be a National representative system. But no such system can be successful in the actual situation of this country, unless it is endowed with all the principles and means of influence and power which are the proper supports of Government. 1 ELLIOTT'S Debates, 249. * The reader is here warned against supposing that Hamilton would thus have spoken of the present Federal constitution of the United States. The fact is, that the term "Federal" entirely changed its meaning after the Constitution had left the Convention. Up to that time it had described a Federal, as distinguished from a National system of Government, such as that established by the Articles of Confederation. But, when the constitution was before the people for adoption, its advocates were popularly called "Federalists," and its opponents "Anti-federalists," according as they favoured or opposed the enlargement of the Federal powers. Thus Hamilton was no Federalist in 1787, when the opinions in the text were expressed; but he was a Federalist in 1788, and wrote a large number of the celebrated essays published under that name. Vide Hist. of the Constitution, CURTIS ii., 497. "It must, therefore, be made completely sovereign, and State power, as a separate legislative authority, must be annihilated; otherwise the States will be not only able, but will be constantly tempted, to exert their own authority against the authority of the nation." And, speaking in the New York ratifying convention, he said, "We contend that the radical vice in the old Confederation is, that the laws of the Union apply to States in their corporate capacity. Has not every man who has been in our Legislature experienced the truth of this position? It is inseparable from the disposition of bodies, who have a constitutional power of resistance to examine the merits of a law.1 1 Eloquence of United States, i. 24. |