The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-15

ments. We can here indicate but q small
part Of the grounds for the conviction, by
marking what the author has TO say ABOUT
a few OF the questions which are examined
in the work before us.
On page o. OF this volume will be found
the authors definition Of the United States
In the use OF the word nation, It may seem
20 some readers to beg the question, but,
on the whole II will probably be accepted
az perhaps the best definition hitherto pro.
pounded. The Government OF the United
States Is, Prof Woodburn says. . complex,
Rehabilitation democratic republic. not
consolidated, but federated. with local
self government In the States, under the
protection Of powerful nation In order
10 see how the author has arrived at this
definition. we must review his second chap
ter. On page 90. Prof. woodburn comedies
that Madison was right when In No. % Of
the Federalist. he insisted that the new
Government proposed by the Philadelphia
Convention was, as regarded Its origin, not
national. but federal, By this assertion
ha meant that while the new Government
was to be founded on the assent and ratin.
cation Of the people Of the former Thirteen
Colonies this assent and ratification were
to be given by the people. not a. individuals
composing one entire nation. but a. COM
posing the distinct and independent States
TO which they respectively belonged. The
act, therefore. establishing the Constitution
was federal not national 1t was IN aot
of the States Both In the Convention
which framed the Constitution and In It's
subsequent ratification by State Conveo.
lions, the people voted a. States. The
new Government could result only from
the unanimous assent Of all the States which
became parties to II. This was the meaning
Of the word federal a. 1t was used by Madi.
son in the number Of the Fedsrdiisf to which
we have referred. When the people act a.
States In union, the act 10 q federal act;
when they act a. individual directly through
the nation, It IL q national act. The people
Of the United States en- rsdsss. regarded as
one nation, never had anything to do with
ordaining and establishing our Constitution.
They were never called upon en- masse to
express themselves concerning H. Our
Government. then. In its origin. 10 federal.
It was adopted by States. Not. indeed,
By State Legislatures or State Governments,
but by the people Of the several States act
ing through State Conventions. In . foot
note Prot. woodburn recognizes that II 10
an error 20 assert, a. some writer's have
asserted. that the State Conventions which
adopted the Federal Constitution were
organs OF the Federal Nation This asser-
: tion he rejects as purely theoretical. and
entirely unhist orical. Such an ides never
occurred to political writer's until within
late years
While, however. the United States Gov.
eminent ~as federal ~ regards It's origin.
yet, from the momest that IL went into
operation, Il oeased 70 be exclusively fed
eral as regards the sources from which
authority was derived. OF thess sources
one was wholly national. a ssoond wss
wholly federal and Q third was partly
national. partly federal The Houss Of
Representatives derives i,s powep from
the People 81 the United Statss directly
Tina, is 10 say Il h constituted by direct
representation az the people, and " ap-
pointed 10 90, for them by direct deless.
ilon ~ power M faf the Government 10
ms,,oasi. no, fsdvsi The United s,s,ss
inmate. on tho oihsr hand, 10 bs~sd on che
s,siss. regarded ~ political and eD-eausi
satliiss Not only Aw tbs k,aiss rope.
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