But, notwithstanding these definite instruc tions to the delegates, there immediately developed in the Constitutional Convention several parties diametrically opposed to one another. There was a minority led by Hamilton of New York, Madison and Ran dolph of Virginia, Wilson of Pennsylvania, and King of Massachusetts, who favored a consolidated national republic, in which the States were to be practically obliterated, — a government with a strong hand, possess ing all paramount authority, and bearing directly upon the people. This form of government was so mani festly opposed to the American spirit, so in conflict with the jealously-guarded rights of the States, and the proposal to create it so far transcending the authority of the dele gates as instructed by the States, that it was overwhelmingly defeated. The advocates of it, however, being true patriots, addressed their efforts immediately to perfecting a Constitution on a federal basis, and the Con stitutional essays of Madison, Hamilton and Jay, in the " Federalist, " fully explained the federal character of the government about to be created. At a time when there was much per plexity as well as disagreement in the Con vention, that great apostle of popular rights and free institutions, Thomas Jefferson, who was at that time minister to France, brought order out of chaos by suggesting a form of government unprecedented and unsurpassed in the annals of mankind. It was recom mended in letters to James Madison, in December, 1786.1 The conception of Jefferson was, that the Federal government should be organized after the pattern of the States, with legisla tive, executive and judicial departments coordinate, yet with well-defined and sepa rate powers. Rut the novel feature that was to distinguish the American Republic from any republic of antecedent history, was that the general government should be 1 "Writings uf Thomas Jefferson," vol. 11, p. 64.
vested with some specific powers over the individual citizens of the several States, and thus have authority to execute directly its own enactments over individuals within the States, to the extent of the powers dele gated. Such was the Constitution recommended to Congress, by it referred to the several States, and by them separately ratified through conventions of the people called by the legislatures. The acts of ratification of the several States show that they thoroughly under stood that they were entering into a federa tive union. In the Convention of Pennsyl vania, James Wilson, afterwards a judge of the United States Supreme Court, who was also a deputy to the National Convention, explained fully, that the Constitution did not create a consolidated government, and said, "Instead of placing the State gov ernments in jeopardy, it is founded on the States, and must stand or fall as the States are secured or ruined." Roger Sherman and Oliver Fllsworth, del egates from Connecticut, in letters to the governor, stated that the sovereignty of the States was retained. Massachusetts expressly declared " that all powers, not delegated by the Consti tution were reserved to the several States, to be by them exercised, " and requested that such an amendment be added to the Consti tution. Virginia and South Carolina made the same recommendations in almost the same language. New York resolved, "That the powers of government may be res1nned by the people whenever it shall become necessary to their happiness," and distinctly declared that all undelegated powers were reserved to the State governments. North Carolina and Rhode Island did not immediately ratify the Constitution, but re mained some time outside the Union, during which time they were looked upon and
