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They were the productions of different minds and of adverse
passions； one； ascending for the foundation of human
government to the laws of nature and of God； written upon the
heart of man； the other； resting upon the basis of human
institutions； and prescriptive law； and colonial charter。 The
cornerstone of the one was right； that of the other was power。。。。
Where； then； did each State get the sovereignty； freedom； and
independence； which the Articles of Confederation declare it
retains？not from the whole people of the whole Unionnot
from the Declaration of Independencenot from the people of
the State itself。 It was assumed by agreement between the
Legislatures of the several States； and their delegates in
Congress； without authority from or consultation of the people
at all。
In the Declaration of Independence； the enacting and
constituent party dispensing and delegating sovereign power is
the whole people of the United Colonies。 The recipient party；
invested with power； is the United Colonies； declared United
States。
In the Articles of Confederation； this order of agency is
inverted。 Each State is the constituent and enacting party； and
the United States in Congress assembled the recipient of
delegated powerand that power delegated with such a
penurious and carking hand that it had more the aspect of a
revocation of the Declaration of Independence than an
instrument to carry it into effect。
None of these indispensably necessary powers were ever
conferred by the State Legislatures upon the Congress of the
federation； and well was it that they never were。 The system
itself was radically defective。 Its incurable disease was an
apostasy from the principles of the Declaration of
Independence。 A substitution of separate State sovereignties；
in the place of the constituent sovereignty of the people； was
the basis of the Confederate Union。
In the Congress of the Confederation； the master minds of
James Madison and Alexander Hamilton were constantly
engaged through the closing years of the Revolutionary War
and those of peace which immediately succeeded。 That of John
Jay was associated with them shortly after the peace； in the
capacity of Secretary to the Congress for Foreign Affairs。 The
incompetency of the Articles of Confederation for the
management of the affairs of the Union at home and abroad
was demonstrated to them by the painful and mortifying
experience of every day。 Washington； though in retirement；
was brooding over the cruel injustice suffered by his associates
in arms； the warriors of the Revolution； over the prostration of
the public credit and the faith of the nation； in the neglect to
provide for the payments even of the interest upon the public
debt； over the disappointed hopes of the friends of freedom； in
the language of the address from Congress to the States of the
eighteenth of April； 1788〃the pride and boast of America； that
the rights for which she contended were the rights of human
nature。〃
At his residence at Mount Vernon； in March； 1785； the first
idea was started of a revisal of the Articles of Confederation； by
the organization； of means differing from that of a compact
between the State Legislatures and their own delegates in
Congress。 A convention of delegates from the State
Legislatures； independent of the Congress itself； was the
expedient which presented itself for effecting the purpose； and
an augmentation of the powers of Congress for the regulation
of commerce； as the object for which this assembly was to be
convened。 In January； 1785； the proposal was made and
adopted in the Legislature of Virginia； and communicated to
the other State Legislatures。
The Convention was held at Annapolis； in September of that
year。 It was attended by delegates from only five of the central
States； who； on comparing their restricted powers with the
glaring and universally acknowledged defects of the
Confederation； reported only a recommendation for the
assemblage of another convention of delegates to meet at
Philadelphia； in May； 1787； from all the States； and with
enlarged powers。
The Constitution of the United States was the work of this
Convention。 But in its construction the Convention
immediately perceived that they must retrace their steps； and
fall back from a league of friendship between sovereign States
to the constituent sovereignty of the people； from power to
rightfrom the irresponsible despotism of State sovereignty to
the self…evident truths of the Declaration of Independence。 In
that instrument； the right to institute and to alter governments
among men was ascribed exclusively to the peoplethe ends of
government were declared to be to secure the natural rights of
man； and that when the government degenerates from the
promotion to the destruction of that end； the right and the duty
accrues to the people to dissolve this degenerate government
and to institute another。 The signers of the Declaration further
averred； that the one people of the United Colonies were then
precisely in that situationwith a government degenerated into
tyranny； and called upon by the laws of nature and of nature's
God to dissolve that government and to institute another。 Then；
in the name and by the authority of the good people of the
colonies； they pronounced the dissolution of their allegiance to
the king； and their eternal separation from the nation of Great
Britainand declared the United Colonies independent States。
And here as the representatives of the one people they had
stopped。 They did not require the confirmation of this act； for
the power to make the declaration had already been conferred
upon them by the people； delegating the power； indeed；
separately in the separate colonies； not by colonial authority；
but by the spontaneous revolutionary movement of the people
in them all。
From the day of that Declaration； the constituent power of the
people had never been called into action。 A confederacy had
been substituted in the place of a government； and State
sovereignty had usurped the constituent sovereignty of the
people。
The Convention assembled at Philadelphia had themselves
no direct authority from the people。 Their authority was all
derived from the State Legislatures。 But they had the Articles
of Confederation before them； and they saw and felt the
wretched condition into which they had brought the whole
people； and that the Union itself was in the agonies of death。
They soon perceived that the indispensably needed powers
were such as no State government； no combination of them；
was by the principles of the Declaration of Independence
competent to bestow。 They could emanate only from the
people。 A highly respectable portion of the assembly； still
clinging to the confederacy of States； proposed； as a substitute
for the Constitution； a mere revival of the Articles of
Confederation； with a grant of additional powers to the
Congress。 Their plan was respectfully and thoroughly
discussed； but the want of a government and of the sanction of
the people to the delegation of powers happily prevailed。 A
constitution for the people； and the distribution of legislative；
executive； and judicial powers was prepared。 It announced
itself as the work of the people themselves； and as this was
unquestionably a power assumed by the Convention； not
delegated to them by the people； they religiously confined it to
a simple power to propose； and carefully provided that it should
be no more than a proposal until sanctioned by the
Confederation Congress； by the State Legislatures； and by the
people of the several States； in conventions specially
assembled； by authority of their Legislatures； for the single
purpose of examining and passing upon it。
And thus was consummated the work commenced by the
Declaration of Independencea work in which the people of the
North American Union； acting under the deepest sense of
responsibility to the Supreme Ruler of the universe； had
achieved the most transcendent act of power that social man in
his mortal condition can performeven that of dissolving the
ties of allegiance by which he is bound to his country； of
renouncing that country itself； of demolishing its government；
of instituting another government； and of making for himself
another country in its stead。
And on that day； of which you now commemorate the fiftieth
anniversaryon that thirtieth day of April； 1789was this
mighty revolution； not only in the affairs of our own country；
but in the principles of government over civilized man；
accomplished。
The Revolution itself was a work of thirteen yearsand had
never been completed until that day。 The Declaration of
Independence and the Constitution of the United States are
parts of one consistent whole； founded upon one and the same
theory of government； then new in practice； though no