that body were but little regarded by the states, and the country was fast approaching to a state of anarchy.

§ 176. A change in the government now became necessary, as the only means likely to preserve the union. In February, 1787, congress passed a resolution calling a general convention of commissioners from the several states, to meet in Philadelphia in May, to revise and amend the articles of confederation. Delegates were accordingly appointed by all the states except Rhode Island. The convention assembled on the 25th of May; and, after a long and laborious session, and many compromises of interest and opinion, agreed upon the present constitution, which subsequently received the sanction of all the states of the union; and the new government commenced proceedings under it on the 4th of March, 1789. (§ 560.)

46

CHAPTER III.

Nature and Objects of the Union under the Constitution.

§ 177. "WE the people of the United States, in order to "form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to our"selves and our posterity, do ordain and establish this consti"tution for the United States of America."—Preamble to the Constitution.

46

§ 178. The union under the confederation, as has been observed, had been found to be very imperfect. The states had severally entered, as expressed in one of the articles, "into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare. But as it was a mere league

was the state of the country at the close of the war? § 176. When was the constitution framed and adopted?

§ 177. What objects were intended to be accomplished by the constitution? § 178. State briefly the nature of the confederation.

or treaty of alliance, "each state retaining its sovereignty, freedom, and independence," its binding force depended on the good faith of each of the states. Each party was its own judge of the meaning of the contract, and how far it was bound by it. If, therefore, this contract had been broken by either of the parties, remedy could be had only by resorting to the law of force, which, according to the law of nations, is to decide matters of difference between sovereign states. § 179. Hence it appears that the union was merely a federal, not a national union. The word federal, is from the Latin, fœdus, which signifies league or contract. The union was not a national union. The people of the several states were not citizens of the United States, but of their respective states; and as such, they owed obedience to their respective state governments, and not to the federal governThis government was destitute of executive and judicial powers, which are necessary in giving to a government a national character, as well as in rendering it strong and efficient. It had only a legislative power, and this was limited to a few objects.

ment.

§ 180. The nature of the union under the present constitution, is briefly expressed in the preamble: "We the people of the United States, in order to form a more perfect union, do ordain and establish this constitution." The confederation was a union between the states. The states were parties to the contract. But the constitution was adopted by the people of the United States: not, however, in the capacity of an aggregate political community, but by their representatives in state conventions, acting separately for themselves and for their respective communities. It was ratified by the people of each state, in concurrence with the people of all the states, and thus became a mutual contract between all, and operating upon each citizen individually.

§ 181. The character of the present union may be learned, farther, from the design of the framers of the constitution. It was stated in the convention, at the beginning of its session, that it was intended to form a more energetic

§ 179. What is federal? Of what essential powers was the confederation destitute? § 180. In what respect is the union under the constitution different from the former? § 181, 182. What evidence is

CHAPTER II.

Causes of the Revolution-Independence declared-Confed. eration-Adoption of the Constitution.

§ 157. As early as the seventeenth century, the question of taxation became a subject of common interest in the colonies. The colonists disputed the right of parliament to tax the colonies. It was believed that the power of the British government extended only to the regulation of trade. Having surmounted the hardships and difficulties which attended their first establishment, and having made considerable advances in commerce and manufactures, the freedom of commerce which they had so long enjoyed began to be interrupted. Their trade was restricted by the imposition of unjust taxes for the benefit of the mother country.

§ 158. By the act of 1651, none but British or colonial vessels were allowed to participate in the export and import trade. Another act, passed in 1660, enacted that certain articles should not be exported directly from the colonies to any foreign country; thus compelling the colonists to sell their produce in no other than British markets. It was next provided, (in 1663,) that they should buy such foreign articles as they needed entirely of the merchants and manufacturers of England. Duties were even imposed on certain colonial products transported from one colony to another.

§ 159. All attempts to manufacture such articles as the mother country could provide, were discouraged. In 1699, it was enacted, that no wool, yarn, or woollen manufactures, should be exported from the American colonies; and in 1750, every slitting or rolling mill, plating forge to work with a tilt hammer, or other machinery, was declared to be a common nuisance, which the governors were directed to cause to be abated. It is true, however, that many of these and similar acts of parliament were openly disobeyed or se

§ 157. What important question arose in the seventeenth century? §158. What were the objects and effects of the respective acts of 1651, 1660, and 1663? 159. What was the object of the act of 1699? What occurred in 1750? § 160. Were measures taken to

cretly evaded, being considered by the colonists as violations of their rights.

§ 160. Measures were at length taken by the ministry, not only to enforce such acts, but to raise a revenue in America by internal taxation. In 1765, the obnoxious stamp act was passed, by which obligations in writing in daily use were to be null and void, unless they were executed on a paper or parchment stamped with a specific duty. Newspapers, almanacs, and pamphlets, printed in America, were to be made to contribute to the British treasury. About the same time, a bill was brought in authorizing the quartering of troops in the colonies.

§ 161. As might have been expected, the colonists were unwilling to submit to these acts and measures. A general congress, the first of the kind, was held at New York, which adopted a declaration of rights and grievances, asserting taxation by themselves, and trial by jury, to be inherent rights of British subjects in the colonies. The colonial assemblies adopted similar measures; meetings of the people were held; and the whole country was set in a flame.

§ 162. So violent was the opposition to the stamp act, that on the first of November, the day on which the act was to have taken effect, neither stamps nor officers were to be found! In this state of affairs, the act was repealed, (March, 1766.) At the same time, by a declaratory act, parliament asserted the right to bind the colonies in all cases whatsoever. In 1767, a bill was passed imposing a duty on glass, paper, paints, and tea, imported into the colonies; and troops were quartered in Boston to enforce obedience.

§ 163. But combinations having been formed by the Americans against the importation of these articles, the act was repealed, March, 1770, the duty on tea alone being continued. Accordingly the colonists renounced the use of that article, or obtained it from other countries: in consequence of which, an act was passed in 1773, allowing a drawback

enforce these acts? What act was passed in 1765? § 161. How did the colonists regard these acts? Where was the first congress held? What measure was adopted? § 162. When was the stamp act re. pealed? What did parliament declare at the same time? What bill was passed in 1767? § 163. What caused the repeal of this act?

on tea exported to America, for the purpose of rendering it cheaper, and inducing the Americans to submit to the small duty imposed upon it. Large shipments of tea were accordingly made; but in New York and Philadelphia the vessels were not allowed to land their cargoes; in Charleston it was stored, but not permitted to be offered for sale; and in Boston, after several unsuccessful attempts to prevent its being landed, a party of men, disguised as Indians, boarded the tea ships, and threw the tea overboard. This occurred December 16, 1773.

§ 164. In the following spring, by an act of parliament, called the Boston port bill, passed March 17, 1774, the port of Boston was closed, and the landing and shipping of goods were ordered to be discontinued. The custom-house and trade, and the session of the court, were removed to Salem, and the charter altered, taking the whole executive government from the people, and vesting the appointment of the important officers in the crown. It was also enacted, that a person indicted for a capital offence, committed in aiding the magistrates, might be sent to Great Britain for trial. In the same year, general Gage, the British commander-inchief, and governor of Massachusetts, arrived in Boston to enforce the Bostonians into a compliance to the oppressive acts of parliament.

§ 165. In this crisis, the other colonies made common cause with Massachusetts. Deputies from most of the colonies met in congress at Philadelphia, September 5, 1774. Congress published a declaration of rights, protesting against the right of Great Britain to tax the colonies, or to interfere in their internal policy; with a statement of grievances, declaring the late acts of parliament to be violations of the rights of the colonists. They next proceeded to interrupt all commercial intercourse with Great Britain, pledging themselves not to import or use British goods till the acts complained of should be repealed. Addresses, petitions, and remonstrances were resorted to, but all to no effect. Instead of changing its policy, the British government

What is related concerning the article of tea? § 164. What bill was passed March 17, 1774? What else occurred the same year? § 165. What action on the part of congress and the people did these measures