Page:Harvard Law Review Volume 12.djvu/387

367 THE STATUS OF OUR NEW TERRITORIES. 367 Congress assembled," — not (as the present style would suggest) "The Delegates of the United States in Congress assembled"; and if the style had been "The Thirteen United States in Congress assembled," the meaning would have been precisely the same. Evidence to the same effect, as to the sense in which the term "United States" was used prior to the time of the adoption of the Constitution, is furnished by the treaties made during the period of the Confederation. Thus, the Treaty of Alliance made with France, February 6, 1778, begins:* "The Most Christian King and the United States of North America, namely, New Hampshire," etc. (enumerating the thirteen States). So the Treaty of Amity and Commerce, made with France the same day, begins:^ "The Most Christian King and the thirteen United States of North America, New Hampshire," etc. So the Treaty of Amity and Commerce made with Holland, October 8, 1782, begins:' "Their High Mightinesses, the States- General of the United Netherlands, and the United States of America, namely. New Hampshire," etc. So the Treaty of Amity and Commerce made with Sweden, April 3, 1783, begins:^ "The King of Sweden and the thirteen United States of North America, namely, New Hampshire," etc. Lastly, the Definitive Treaty of Peace with England, September 3, 1783, by which our independence was established, after a recital, pro- ceeds thus:^ "Art. i. His Britannic Majesty acknowledges the said United States, namely. New Hampshire, &c., to be free, sove- reign, and independent States; that he treats with them as such; and relinquishes all claims to the government, propriety, and territorial rights." With the adoption of the Constitution there came a great change ; for the Constitution was not an agreement, but a law, — a law, too, superior to all other laws, coming as it did from the ulti- mate source of all laws, namely, the people, and being expressly declared by them to be the supreme law of the land.^ At the same time, however, it neither destroyed nor consoKdated the States, nor even affected their integrity; and, though it was estab- lished by the people of the United States; yet it was not estab- lished by them as one people, nor was its estabhshment a single act ; but, on the contrary, its establishment in each State was the act of » 8 U. S. Stats. 6. « Page 12. • Page 80. ' Art. 6, sect. 2.
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