other in 1779 and by another in [ *48 ]*1780; and yet they were not obligatory until Maryland acceded to them, 1781. Nothing less than the ratification of them by all the States, each acting separately for itself, was deemed sufficient to give them any binding force or authority.
There is much force and meaning in the word "retains," as it occurs in the clause above quoted. Nothing can properly be said to be retained, which was not possessed before; and of course, the States possessed before "sovereignty, freedom and independence." These they retained without any qualification, or limitation, and they also retained every "power, jurisdiction and right," which they did not then expressly surrender.
If these views of the subject be not wholly deceptive, our author has hazarded, without due caution, the opinion that the colonies formed "one people," either before or after the declaration of independence; and that they are not to be regarded as sovereign States, after that event. For myself, I profess my utter inability to perceive, in their condition, any nearer approach to political personality or individuality," than may be found in a mere league or confederation between sovereign and independent states; and a very loose confederation theirs undoubtedly was.
The third division of the work commences with a history of the adoption of the constitution. This also is given in an abridged form; but it omits nothing which can be considered material to the enquiry. Perhaps the author has fallen into one error, an unimportant one, certainly, in stating that "at the time and place appointed, the representatives of twelve States assembled." When the deputies first met in Philadelphia, in May, 1787, the representatives of only nine States appeared; they were, soon after, joined by those of three others. The author next proceeds to state the various objections which were urged against the constitution, with the replies thereto; to examine the nature of that instrument; to ascertain whether it be a compact or not; to enquire who is the final judge or interpreter in constitutional controversies; to lay down rules of interpretation; and, finally, to examine the constitution in its several departments and separate clauses. In the execution of this part of his task, he has displayed great research, laborious
