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 the articles of confederation, it is because the parties to those articles have agreed that it should be so. If they have not so agreed, there is no such Constitution, and the articles of confederation are still the only political tie among the States. We need not, however, look beyond the attestation of the Constitution itself, for full evidence upon this point. It professes to have been "done by the unanimous consent of the States present, &c.," and not in the name or by the authority of "the people of the United States."

But it is not the mere framing of a constitution which gives it authority as such. It becomes obligatory only by its adoption and ratification; and surely that act, I speak of free and voluntary government, makes it the constitution of those only who do adopt it. Let us ascertain then, from the authentic history of the times, by whom our own constitution was adopted and ratified.

The resolution of congress already quoted, contemplates a convention "for the sole and express purpose of revising the articles of confederation," and reporting suitable "alterations and provisions therein." The proceedings of the convention were to be reported to congress and the several legislatures, and were to become obligatory, only when "agreed to in congress and confirmed by the States." This is precisely the course of proceeding prescribed in the articles of confederation. Accordingly, the new constitution was submitted to congress; was by them approved and agreed to, and was afterwards, in pursuance of the recommendation of the convention, laid before conventions of the several States, and by them ratified and adopted. In this proceeding, each State acted for itself, without reference to any other State. They ratified at different periods; some of them unconditionally, and others with provisoes and propositions for amendment. This was certainly State action, in as distinct a form as can well be imagined. Indeed, it may well be doubted whether any other form of ratification, than by the States themselves would have been valid. At all events, none other was contemplated, since the Constitution itself provides, that it shall become obligatory, when ratified by "nine States," between the States ratifying the same. "The *people of the United States," as an aggregate mass, are no where