Raphael Semmes, Memoirs of Service Afloat During the War Between the States

‘ [21] think, that the power of regulating trade is of such comprehensive extent, and will enter so far into the great system of the Federal Government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a corresponding adjustment in other parts of the Federal system. That these are important defects in the system of the Federal Government is acknowledged by the acts of those States, which have concurred in the present meeting. That the defects, upon closer examination, may be found greater and more numerous than even these acts imply, is at least, so far probable, from the embarrassments which characterize the present state of our national affairs, foreign and domestic, as may reasonably be supposed to merit a deliberate and candid discussion, in some mode which will unite the sentiments and counsels of all the States.’

The reader will observe that the Government of the States, under the Articles of Confederation, is called a ‘Federal Government,’ and that the object proposed to be accomplished by the meeting of the new Convention at Philadelphia, was to amend the Constitution of that Government. Northern writers have sought to draw a distinction between the Government formed under the Articles of Confederation, and that formed by the Constitution of the United States, calling the one a league, and the other a government. Here we see Alexander Hamilton calling the Confederation a government—a Federal Government. It was, indeed, both a league and a government, as it was formed by sovereign States; just as the Government of the United States is both a league and a government, for the same reason.

The fact that the laws of the Confederation, passed in pursuance of its League, or Constitution, were to operate upon the States; and the laws of the United States were to operate upon the individual citizens of the States, without the intervention of State authority, could make no difference. This did not make the latter more a government than the former. The difference was a mere matter of detail, a mere matter of machinery—nothing more. It did not imply more or less absolute sovereignty in the one case, than in the other. Whatever of sovereignty had been granted, had been granted by the States, in both instances.