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l rights。 The sovereign people are not the people outside of State organization； nor the people of the States sever… 228 ally； but the distinct people of the several States united； and therefore most appropriately called the people of the United States。
This is the peculiarity of the American constitution and is substantially the very peculiarity noted and dwelt upon by Mr。 Madison in his masterly letter to Edward Everett； published in the 〃North American Review；〃 October； 1830。
〃I In order to understand the true character of the constitution of the United States；〃 says Mr。 Madison； 〃the error； not uncommon； must be avoided of viewing it through the medium either of a consolidated government or of a confederated government； whilst it is neither the one nor the other； but a mixture of both。 And having； in no model； the similitudes and analogies applicable to other systems of government； it must； more than any other； be its own interpreter； according to its text and the facts in the case。
〃From these it will be seen that the characteristic peculiarities of the constitution are： 1。 The mode of its formation。 2。 The division of the supreme powers of government between the States in their united capacity and the States in their individual capacities。
〃1。 It was formed not by the governments of the component States； as the Federal Govern… 229 ment； for which it was substituted； was formed； nor was it formed by a majority of the people of the United States as a single community； in the manner of a consolidated government。 It was formed by the States； that is； by the people in each of the States； acting in their highest sovereign capacity； and formed consequently by the same authority which formed the State constitution。
〃Being thus derived from the same source as the constitutions of the States； it has within each State the same authority as the constitution of the State； and is as much a constitution in the strict sense of the term； within its prescribed sphere； as the constitutions of the States are within their respective spheres； but with this obvious and essential difference； that； being a compact among the States in their highest capacity； and constituting the people thereof one people for certain purposes； it cannot be altered or annulled at the will of the States individually； as the constitution of a State may be at its individual will。
〃2。 And that it divides the supreme powers of government between the government of the United States and the governments of the individual States； is stamped on the face of the instrument； the powers of war and of taxation； 230 of commerce and treaties； and other enumerated powers vested in the government of the United States； are of high and sovereign a character as any of the powers reserved to the State governments。〃
Mr。 Jefferson； Mr。 Webster； Chancellor Kent； Judge Story； and nearly all the old Republicans； and even the old Federalists； on the question as to what is the actual constitution of the United States； took substantially the same view； but they all； as well as Mr。 Madison himself； speak of the written constitution； which on their theory has and can have only a conventional value。 Mr。 Madison evidently recognizes no constitution of the people prior to the written constitution； from which the written constitution； or the constitution of the government； derives all its force and vitality。 The organization of the American people； which he knew wellno man better；and which he so justly characterizes； he supposes to have been deliberately formed by the people themselves； through the conventionnot given them by Providence as their original and inherent constitution。 But this was merely the effect of the general doctrine which he had adopted； in common with nearly all his contemporaries； of the origin of the state in compact； and may be 231 eliminated from his view of what the constitution actually is； without affecting that view itself。
Mr。 Madison lays great stress on the fact that though the constitution of the Union was formed by the States； it was formed； not by the governments； but by the people of the several States； but this makes no essential difference； if the people are the people of the States； and sovereign in their severalty； and not in their union。 Had it been formed by the State governments with the acquiescence of the people； it would have rested on as high authority as if formed by the people of the State in convention assembled。 The only difference is； that if the State ratified it by the legislature； she could abrogate it by the legislature； if in convention； she could abrogate it only in convention。 Mr。 Madison； following Mr。 Jefferson； supposes the constitution makes the people of the several States one people for certain specific purposes； and leaves it to be supposed that in regard to all other matters； or in all other relations； they are sovereign； and hence he makes the government a mixture of a consolidated government and a confederated government； but neither the one nor the other exclusively。 Say the people of the United States were one people in all 232 respects； and under a government which is neither a consolidated nor a confederated government； nor yet a mixture of the two； but a government in which the powers of government are divided between a general government and particular governments； each emanating from the same source； and you will have the simple fact； and precisely what Mr。 Madison means； when is eliminated what is derived from his theory of the origin of government in compact。 It is this theory of the conventional origin of the constitution； and which excludes the Providential or real constitution of the people； that has misled him and so many other eminent statesmen and constitutional lawyers。
The convention did not create the Union or unite the States； for it was assembled by the authority of the United States who were present in it。 The United States or Union existed before the convention； as the convention itself affirms in declaring one of its purposes to be 〃to provide for a more perfect union。〃 If there had been no union； it could not and would not have spoken of providing for a more perfect union； but would have stated its purpose to be to create or form a union。 The convention did not form the Union； nor in fact provide for a more perfect union； it simply provided for the 233 more perfect representation or expression in the General government of the Union already existing。 The convention； in common with the statesmen at the time； recognized no unwritten or Providential constitution of a people； and regarded the constitution of government as the constitution of the state； and consequently sometimes put the state for the government。 In intepreting its language； it is necessary to distinguish between its act and its theory。 Its act is law； its theory is not。 The convention met； among other things； to organize a government which should