“Why should I think?  It seems plain enough.”

“Yet I will present an alternative.  Did the States create the Federal government, or did the people of the whole United States, acting as a body-politic, create it?”

“Your alternative seems contradictory,” said I.

“In what respect?”

“It makes the United States exist before the United States came into existence,” said I.

“Then what would your answer be?”

“The people of each colony, or each State rather, sent delegates.  The delegates, representing the respective States, framed the constitution.  The people, if I mistake not, ratified the constitution, each State voting separately.  Therefore I think that the United States government is a creature of the States and not of the people as a body-politic; for there could have been no such body-politic.”

“Jones, my dear fellow, you are a constitutional lawyer; you ought never to have entered military service.”

“Besides,” said I, “Rhode Island and North Carolina refused for a time to enter into the agreement.”

“And suppose they had refused finally.  Would, the other States have compelled them to come in?” he asked.

“I cannot say as to that,” said I.

“Do you think they would have had the moral right to coerce them?”

“The question is too hard for me to answer, Doctor; I cannot very well see what ought to have been done.”

“The two States would have had some rights?”

“Certainly.”

“What rights would the United States have had over the two States?”

“I do not think the Federal government would have had any; but the people would have had some claim—­what, I cannot say.  I do not think that Rhode Island had the moral right to endanger the new republic by refusing to enter it.  But there may have been something peculiar in Rhode Island’s situation; I do not remember.  I should say that the question should have been settled by compromise.  Rhode Island’s objections should have been considered and removed.  A forced agreement would be no agreement.”

“When the States formed the government, did they surrender all their rights?”

“I think not.”

“What rights did they retain?”

“They retained everything they did not surrender.”

“Well, then, what did they surrender?  Did they become provinces?  Did they surrender the right of resistance to usurpation?”

“I think not.”

“Would you think that the States had formed a partnership for the general good of all?”

“Of course, Doctor; but I am not quite sure that the word ‘partnership’ is the correct term.”

“Shall we call it a league?  A compact?  A federation?  A confederacy?”

“I should prefer the word ‘union’ to any of those,” I said.  “The title of the republic means a union.”

“What is the difference between a union and a confederacy?”