usurpation) the congress of the colonies was formed. The 、sublime idea of national independence, had not then been conceived, or it was carefully repressed. The object of the association was, simply, petition and remonstrance; and for that object, the people, through their colonial representatives, delegated to congress, all the necessary powers of deliberation and agency. But petitions were neglected; remonstrances were despised; insult was added to injury; and, upon the preparation of an invading military force, to compel obedience to the usurped authority of the British parliament, nothing remained for America, but to encounter arms with arms.* Even, therefore, before independence was the object, the people had delegated to congress, the powers of resistance and war; and a civil war was actually waged, under their authority. It is true, there existed no formal, written, compact among the colonies, but each delegation carried to congress, the authority of their immediate constituents, to deliberate and to act for the success of the common cause; and if the maintenance of the common cause required the exercise of any particular power of government, the investment of that power in congress, was necessarily implied, in the object of the association, without more. Hence it is, that the powers of peace and war, were derived, in the first instance; and the principal powers carried with them all their incidents. Still, although the congress regularly possessed the powers, there would have been a difficulty, if not an impossibility, to apply them, had not the patriotism and the good faith of that memorable epoch, proved an efficient substitute, for all the means of coercion, enjoyed by the strongest and the oldest political establishments. At length, however, the opposition of subjects, to the tyranny of their government, suddenly taken up (without a disciplined force, without arms, ammunition, or any military supply, and without a common treasury) became too severe, and too hazardous, to be sustained; and it was necessary to change the cause, into the cause of freemen, contending for independence, in order to rivet the pride, the valour, and

* Mr. Ingersoll. Then, the people, or a colony of people, may resist by force, the encroachments of the paramount government, upon their rights?

Mr. Dallas If you can find an analogy in the situation of the country now, and then; if you can find in the conduct of the federal government, acts of usurpation, contumely, and outrage, such as Britain exhibited at that time; and if you conceive that the extreme case of lawful resistance, to the constituted authorities of the union, has occurred ;---you are welcome to all the benefit of the question. But, let it, be well considered, whether the conflict is likely to terminate in rebellion, or revolution.

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the hope of the people, to the glorious object of the war; as well as to inspire confidence in those nations of Europe, who had already manifested a desire to espouse the interests of America. With these motives, the declaration of independence was suggested and announced to the world, as the solemn and deliberate act of the American people. It has been erroneously alledged, that the declaration of independence was the act of the individual states; but the character of the states was first created by that celebrated instrument, under the authority of the people at large, who, if they did not form it originally, voluntarily adopted and confirmed it. It has also been erroneously alledged, that there was no express, written, compact between the people of the different states, until the ratification of the articles of confederation; but the declaration of independence is an express and written compact of union, for every national purpose. Here however, let the declaration speak, emphatically, for itself:"We the representatives of the United States of America, "in congress assembled, appealing to the Supreme Judge of "the world for the rectitude of our intentions, Do, in the "name and by the authority of the good people of these colo"nies, solemnly declare, that these united colonies are, and, "of right, ought to be free and independent states that they "are absolved from all allegiance to the British crown, and "that all political connection, between them and the state of "Great Britain, is and ought to be totally dissolved; and "that as free and independent states, they have full power to "levy war, conclude peace, contract alliances, establish com"merce, and to do all other acts, which independent states may "of right do. And for the support of this declaration, with "a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our "sacred honor."

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Thus, it is perceived, that the declaration of independence was made, not in the corporate capacity of states, or of colonies, but in the name, and by the authority of the people; and, in declaring the freedom and independence of the states, no idea of individuality is introduced; but the declaration is applied, to "the United Colonies," in their collective, and national character. Thus, also, it is perceived, that, in their collective, or national character, the United States are declared to have full power to levy war, conclude peace, contract alliances, establish commerce, &c. all objects of national policy, which, it will not be pretended, an individual state, could

pursue for the whole, nor even for itself, upon the express and implied, condition of the compact.

The declaration of independence having provided for the national character and the national powers, it remained, in some mode, to provide for the character and powers of the states individually, as a consequence of the dissolution of the colonial system. Accordingly, the people of each state set themselves to work, under a recommendation from congress, to erect a local government for themselves; but in no instance did the people of any state attempt to incorporate into their local ystem, any of those attributes of national authority, which the declaration of independence had asserted, in favour of the United States. From this conclusive evidence, as well as from every other concomitant and cotemporaneous occurrence, it is obvious, that the people approved and ratified the distribution of powers, between the federal and the state government; so that, from this period, at least, the people of America were bound to each other, by an express, written, compact; recognizing, nothing more, however, in favour of congress, than was necessarily, as I contend, implied in the principle and object of the previous voluntary as. sociation of the colonies.

But the investment of power in congress, from the gene rality of the terms of the declaration of independence, was soon found inconvenient in practice; and hence arose the necessity of the organization, arrangement, and details, contemplated by the articles of confederation, which were proposed to the individual states, so early as the 9th of July 1778, but were not finally ratified by all the states, until the 1st day of March 1781. These articles, however, can only be considered as declaratory of the pre-existing national authority, on the great subjects of war and peace, of treaties and commerce, with all their natural and necessary incidents. The states, and the people of the states, so considered them; for, the exercise of the authority, (which, in such a case, is some evidence of its legitimate existence) continued without opposition, complaint, or denial, throughout the whole of the most interesting period of the revolution, that passed between the declaration of independence, and the ratification of the articles of confederation. The struggle of the revolution was, indeed, almost over, before the articles were ratified; treaties of alliance and commerce had been formed with. France and other nations; British armies had been beaten and captured; and the day of peace rapidly approached. And no sooner were the articles ratified, than it was discovered

that they were miserably defective in all the energies, requisite to an efficient system of government.

The termination of the war, did not terminate the labours, or the solicitudes, of your patriots. The debts of the nation were to be paid; but congress had neither the money to pay them, nor the means to exact an equitable contribution from the states. The dignity of a national character, acquired by the noble exertions of a seven years battle, was to be maintained; but congress was without the power to attract, on to command, respect at home, or abroad. The harmony of the states was to be preserved, under the most trying diversity of habits and interests; but congress could not dictate, and the day of persuasion had fed. The appeal to the gratitude, the justice, and the policy of the states, for empowering con gress, under these circumstances of federal obligation, to levy a trifling impost, was rendered abortive by the negative of a single (almost of the smallest) member of the union. And, in short, every feeling of triumph, for the past glories of America, was superseded in the minds of the good and the wise, by a sense of shame and alarm, at the dreadful pros. pect of her future destiny. But a ray of hope, at length, darted through the gloom of the political horizon. The active patriotism of Virginia led to a partial convention of delegates at Annapolis, to consider the state of the nation; and although the deliberations of that body, did not produce an immediate remedy for the evils that were suffered, it is enough for the fame and honour of its members, that the general convention, from which we eventually received the constitu tion of the United States, was assembled upon their recommendation.

The general convention, it must be allowed, was not com> posed of delegates elected by the people themselves, but of delegates appointed by the legislatures of the respective states. The important fact, however, in relation to the adop tion of their great work, is, that it was not reported to the state governments; but, that, on the express recommendation of the convention, it was submitted to the people of the states, respectively, for their assent and ratification. The people, accordingly, assembled, deliberated, assented, and ratified; and in that way alone, the constitution of the United States acquired all its authority, as a social compact, as a bond of confederation, and as an instrument of government. The people, perfectly apprized of the nature and operation of the act, were, above all things, anxious, that it should not be annulled, or evaded. Hence, it is provided, not only

that the officers of the federal government, but that “the "members of the several state legislatures, and all executive "and judicial officers, of the several states, shall be bound by "oath, or affirmation, to support the constitution." Nay, that no doubt, or ambiguity, should rest upon the claim of paramount allegiance for the federal government, it is, imperatively, declared, in this act of the people themselves, that "the constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United "States, shall be the supreme law of the land, and the judges "in every state, shall be bound thereby, ANY THING IN THE a CONSTITUTION, OR LAWS OF ANY STATE TO THE CONTRARY "NOTWITHSTANDING, Whether you contemplated the federal, or state, institutions; the judicial, or the legislative and executive, department of government; you have hitherto seen the work come, uniformly, from the hand of the people: and now, (I pray you, gentlemen of the jury, to listen with particular attention, to this authoritative expression of the public will) you hear the direct and unequivocal declaration of the people, that the constitution and laws of the United States shall be supreme; that in every collision between the constitution and laws of the United States, and the constitution and laws of an individual state, the latter shall yield; the former shall prevail; and that every state functionary. shall, by the most solemn pledge of fidelity, undertake, before his God and his country, to support the supremacy of the constitution of the United States.

It is not, however, by general declarations alone, that the people, in establishing the federal constitution, have chosen to limit and restrain the jurisdiction of the individual states. It would be tedious, and it is not necessary, to enter into the details; but, by way of illustration, I will suggest two subjects, intimately connected with the present trial. 1st, The people have limited and restrained the state jurisdiction in matters of war and peace. By a direct investment of power, congress can alone declare war; grant letters of marque and reprisal; raise and support armies; provide and maintain a navy; make rules for the regulation of the land and naval forces; provide for calling forth the militia, to execute the laws of the union, suppress insurrections, and repel invasions; and provide for organizing, arming and disciplining the militia, &c. Const. art. 1. s. 8. And by a positive prohibition, no state can enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; keep troops, or