pledged their faith, and severally promised "that it should be binding upon their people."
To whom was this pledge given? It could not possibly have been given to the government of the United States. This did not exist when these ratifications were had: and the very object of the ratifications was to create it, to preserve it, and to amend it, when the Sovereign parties saw fit to do so.
The Pledge was given by each State to its co-States; was given and received to and by each mutually and reciprocally; the pledge of one being the consideration of the pledge of another. These mutual and reciprocal peldges constituted a valid contract between them all, which, whether it may be more properly called "a league"—"a compact"—or "an agreement"—I willingly leave to the learned author of this Proclamation to decide. Nor is it of the slightest importance to my present purpose, to enquire, whether a Covenant made by a State, with its co-States, having for its object the establishment of government, is more or less solemn, than if the object of the Covenant had been to establish an Alliance, or to do any other act. If it be a Covenant at all, I admit, that the faith of the contracting Sovereign parties is mutually pledged to observe it; and whatever may be the form, or whatever the object of their covenant, Fides sercanda est. No on can reasonably ask more, nor am I disposed to concede less than this,—all for which I contend, is, that the promise was made by every ratifying State, to its co-States, and by no possibility could have been made to a mere potential government, which, at the time of the promise made, had not, and by possibility never might have had, any actual existence. If this is so, the Constitution of the United States, is a covenant between the several sovereign States, by whom it was ratified, to which covenant the government thereby created, is not, nor by any possibility could be a party.
To ascertain what was the object and extent of the pledge, we must look into the instrument itself to which the ratifications of the several sovereigns after. We shall there find, that to attain certain great and enumerated objects, a government was to be ordained and established, endowed with certain enumerated powers, for the attainment of the enumerated objects. Therefore, the
