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unequivocal； the foundation of all just government； in the
imprescriptible rights of man； and the transcendent sovereignty
of the people； and who in those principles had set forth their
only personal vindication from the charges of rebellion against
their king； and of treason to their country； that their last
crowning act was still to be performed upon the same
principles。 That is； the institution； by the people of the United
States； of a civil government； to guard and protect and defend
them all。 On the contrary； that same assembly which issued
the Declaration of Independence； instead of continuing to act in
the name and by the authority of the good people of the United
States； had； immediately after the appointment of the
committee to prepare the Declaration； appointed another
committee； of one member from each colony； to prepare and
digest the form of confederation to be entered into between the
colonies。
That committee reported on the twelfth of July； eight days
after the Declaration of Independence had been issued； a draft
of articles of confederation between the colonies。 This draft
was prepared by John Dickinson； then a delegate from
Pennsylvania； who voted against the Declaration of
Independence； and never signed it； having been superseded by
a new election of delegates from that State； eight days after his
draft was reported。
There was thus no congeniality of principle between the
Declaration of Independence and the Articles of Confederation。
The foundation of the former was a superintending Providence…
…the rights of man； and the constituent revolutionary power of
the people。 That of the latter was the sovereignty of organized
power； and the independence of the separate or dis…united
States。 The fabric of the Declaration and that of the
Confederation were each consistent with its own foundation；
but they could not form one consistent； symmetrical edifice。
They were the productions of different minds and of adverse
passions； one； ascending for the foundation of human
government to the laws of nature and of God； written upon the
heart of man； the other； resting upon the basis of human
institutions； and prescriptive law； and colonial charter。 The
cornerstone of the one was right； that of the other was power。。。。
Where； then； did each State get the sovereignty； freedom； and
independence； which the Articles of Confederation declare it
retains？not from the whole people of the whole Unionnot
from the Declaration of Independencenot from the people of
the State itself。 It was assumed by agreement between the
Legislatures of the several States； and their delegates in
Congress； without authority from or consultation of the people
at all。
In the Declaration of Independence； the enacting and
constituent party dispensing and delegating sovereign power is
the whole people of the United Colonies。 The recipient party；
invested with power； is the United Colonies； declared United
States。
In the Articles of Confederation； this order of agency is
inverted。 Each State is the constituent and enacting party； and
the United States in Congress assembled the recipient of
delegated powerand that power delegated with such a
penurious and carking hand that it had more the aspect of a
revocation of the Declaration of Independence than an
instrument to carry it into effect。
None of these indispensably necessary powers were ever
conferred by the State Legislatures upon the Congress of the
federation； and well was it that they never were。 The system
itself was radically defective。 Its incurable disease was an
apostasy from the principles of the Declaration of
Independence。 A substitution of separate State sovereignties；
in the place of the constituent sovereignty of the people； was
the basis of the Confederate Union。
In the Congress of the Confederation； the master minds of
James Madison and Alexander Hamilton were constantly
engaged through the closing years of the Revolutionary War
and those of peace which immediately succeeded。 That of John
Jay was associated with them shortly after the peace； in the
capacity of Secretary to the Congress for Foreign Affairs。 The
incompetency of the Articles of Confederation for the
management of the affairs of the Union at home and abroad
was demonstrated to them by the painful and mortifying
experience of every day。 Washington； though in retirement；
was brooding over the cruel injustice suffered by his associates
in arms； the warriors of the Revolution； over the prostration of
the public credit and the faith of the nation； in the neglect to
provide for the payments even of the interest upon the public
debt； over the disappointed hopes of the friends of freedom； in
the language of the address from Congress to the States of the
eighteenth of April； 1788〃the pride and boast of America； that
the rights for which she contended were the rights of human
nature。〃
At his residence at Mount Vernon； in March； 1785； the first
idea was started of a revisal of the Articles of Confederation； by
the organization； of means differing from that of a compact
between the State Legislatures and their own delegates in
Congress。 A convention of delegates from the State
Legislatures； independent of the Congress itself； was the
expedient which presented itself for effecting the purpose； and
an augmentation of the powers of Congress for the regulation
of commerce； as the object for which this assembly was to be
convened。 In January； 1785； the proposal was made and
adopted in the Legislature of Virginia； and communicated to
the other State Legislatures。
The Convention was held at Annapolis； in September of that
year。 It was attended by delegates from only five of the central
States； who； on comparing their restricted powers with the
glaring and universally acknowledged defects of the
Confederation； reported only a recommendation for the
assemblage of another convention of delegates to meet at
Philadelphia； in May； 1787； from all the States； and with
enlarged powers。
The Constitution of the United States was the work of this
Convention。 But in its construction the Convention
immediately perceived that they must retrace their steps； and
fall back from a league of friendship between sovereign States
to the constituent sovereignty of the people； from power to
rightfrom the irresponsible despotism of State sovereignty to
the self…evident truths of the Declaration of Independence。 In
that instrument； the right to institute and to alter governments
among men was ascribed exclusively to the peoplethe ends of
government were declared to be to secure the natural rights of
man； and that when the government degenerates from the
promotion to the destruction of that end； the right and the duty
accrues to the people to dissolve this degenerate government
and to institute another。 The signers of the Declaration further
averred； that the one peopl