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 number of States sufficient, it loses again the Fœderal, and partakes of the National character.

The proposed Constitution, therefore, is, in strictness, neither a National nor a Fœderal Constitution, but a composition of both. In its foundation it is Fœderal, not National: in the sources from which the ordinary powers of the Government are drawn, it is partly Fœderal, and partly National: in the operation of these powers, it is National, not Fœderal: in the extent of them, again, it is Fœderal, not National: and, finally, in the authoritative mode of introducing amendments, it is neither wholly Fœderal nor wholly National. PUBLIUS. 

[From the New York Packet, Friday, January 18, 1788.]

THE FŒDERALIST. No. XXXIX.

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HE second point to be examined is, whether the Convention were authorized to frame, and propose this mixed Constitution.

The powers of the Convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in February, 1787, it will be sufficient to recur to these particular Acts.

The Act from Annapolis recommends the "appointment of Commissioners to take into consideration the situation of the United States; to devise such further 