d thereby remains
with them and at their will," etc., etc.

Whether, in speaking of a possible _resumption_ of powers by "the people
of the United States," the Convention had in mind the action of such a
people _in the aggregate_--political community which did not exist, and
of which they, could hardly have entertained even an ideal
conception--or of the people of Virginia, for whom they were speaking,
and of the other United States then taking similar action--is a question
which scarcely admits of argument, but which will be more fully
considered in the proper place.

New York, the eleventh State to signify her assent, did so on July 26,
1788, after an arduous and protracted discussion, and then by a majority
of but three votes--30 to 27. Even this small majority was secured only
by the recommendation of certain material amendments, the adoption of
which by the other States it was at first proposed to make a condition
precedent to the validity of the ratification. This idea was abandoned
after a correspondence between Mr. Hamilton and Mr. Madison, and,
instead of conditional ratification, New York provided for the
resumption of her grants; but the amendments were put forth with a
circular letter to the other States, in which it was declared that
"nothing but the fullest confidence of obtaining a revision" of the
objectionable features of the Constitution, "and an invincible
reluctance to separating from our sister States, could have prevailed
upon a sufficient number to ratify it without stipulating for previous
amendments."

The ratification was expressed in the usual terms, as made "_by the
delegates of the people of the State of New York_ ... in the name and in
behalf of the people" of the said State. Accompanying it was a
declaration of the principles in which the assent of New York was
conceded, one paragraph of which runs as follows:

"That the powers of government may be _reassumed_ by the people,
whensoever it shall become necessary to their happiness; that
every power, jurisdiction, and right, which is not, by the said
Constitution, clearly delegated to the Congress of the United
States, or the departments of the Government thereof, remains to
the people of the several _States_, or to their respective State
governments, to whom they may have granted the same; and that
those clauses in the said Constitution which declare that
Congress shall not have or exercise certa