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[39] of the people and the States, each in a different house of Congress; and on this basis of agreement was reared the Constitution of the United States of America.

The great novelty of this Constitution — the association of the principle of State sovereignty with a common government of delegated powers acting on individuals under specifications of authority, and thus, therefore, not merely a Federal league — is scarcely to be esteemed as an a priori discovery, and to be ascribed, as American vanity would have it, to the wisdom of our forefathers. The mixed representation of the people and the States originated, as we have seen, in a jealousy sprung in the Convention, and is better described as the fruit of an accident than the elaborate production of human wisdom. It was a compromise. It simply extricated the Convention from a dead-lock of votes between the large and the small States as to the rule of representation. But it was of immense importance as the initial and necessary measure of the combination of State sovereignty with the simple republic. There is reason to suppose that the framers of the Constitution did not fully comprehend the importance of the great political principle on which they had stumbled, with its long train of consequences, and that, as often happens to simple men, they had fallen upon a discovery, of the value of which they had but a dim apprehension.

The principle involved in the measure of the Convention referred to was more fully and perfectly developed in the Amendments, which were the fruit of the legislative wisdom of the States, not of that of the Convention, and were designed to give a full development and a proper accuracy to what was certainly ill-performed work in it. The following Amendments were embodied in the official declarations of at least six of the States, coupled with their ratification of the Constitution, and made by them the conditions precedent to such ratification.

The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Union, thus constituted, was not a consolidated nationality. It was not a simple republic, with an appendage of provinces. It was not, on the other hand, a mere league of States with no power to reach individuals. It was an association of sovereign States with a common authority qualified to reach individuals within the scope of the powers delegated to it by the States, and employed with subjects sufficient to give it for certain purposes the effect of an American and national identity.

At the separation from the British Empire, the people of America preferred the establishment of themselves into thirteen separate sovereignties;

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