deputies recommended for the adoption of the states the articles of union known as the constitution of the United States.
The parties to whom the constitution was submitted were the several sovereign states; they were to agree or disagree, and when nine of them agreed, the compact was to take effect among those concurring; and the general government, as the common agent, was then to be vested with their authority.
If only nine of the thirteen states had concurred, the other four would have remained as they then were—separate, sovereign states, independent of any of the provisions of the constitution. In fact, two of the states did not accede to the constitution until long after it had gone into operation among the other eleven; and during that interval, they exercised the functions of an independent nation.
By this constitution, certain duties were charged on the several states, and the exercise of certain of their powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. On the 23d of May, 1788, South Carolina, by a convention of her people, passed an ordinance assenting to this constitution, and afterwards altering her own constitution to conform herself to the obligation she had undertaken.
Thus was established, by compact between the states, a government with defined objects and powers, limited to the express words of the grant, and to so much more only as was necessary to execute the power granted. The limitations left the whole remaining mass of power subject to the clause reserving it to the state or to the people, and rendered unnecessary any specification of reserved powers.
We hold that the government thus established is subject to the two great principles asserted in the declaration of independence, and we hold further that the mode of its formation subjects it to a third fundamental principle, namely—the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual—that the failure of one of the contracting parties to perform a material part of the agreement entirely releases the obligation of the other, and that, where no arbiter is appointed, each party is remitted to his own judgment to determine the fact of failure with all its consequences.
In the present case that fact is established with certainty. We assert that fifteen of the states have deliberately refused for years past to fulfill their constitutional obligation, and we refer to their own statutes for the proof.
The constitution of the United States, in its fourth article, provides as follows:
"No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from any service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due."
This stipulation was so material to the compact that without it that compact would not have been made. The greater number