AKGUMENT OF JOHN S. EWAET. 1385 



Now, I do not know how the United States would do that to-day. 

 It would be a very difficult operation for Great Britain to do it. I 

 do not know that there is any instance of a statute anywhere by 

 which nationals are placed under the jursidiction of another sov- 

 ereign. But I feel quite sure that it would have been a most difficult 

 problem to be solved under the constitution which existed in the 

 United States in 1783. The constitution that existed then was that 

 of 1778, and will be found in the British Counter-Case Appendix, 

 at p. 7. Its effect was to give to a Congress of the States, some very 

 clearly specified but exceedingly limited authority. It was properly 

 speaking a confederation and not a federation, such as that which 

 afterwards followed in the more complete constitution of the United 

 States. Under this constitution, as indeed under the other, each 

 State retained its sovereignty, freedom, and independence, except so 

 far as it granted powers of sovereignty to the central body. But the 

 difference, and the great difference, between the two constitu- 

 836 tions is that in the case of the present constitution of the 

 United States, Congress has very large powers, and there is 

 an Executive with the President and regular State officers. The 

 earlier constitution provided for a meeting of delegates from the 

 different States in Congress, and the powers which they gave are to 

 be found in section 9, about the fourth paragraph from the top : 



"ART. IX. The United States, in Congress assembled, shall have 

 the sole and exclusive right and power of determining on peace and 

 war, except in the cases mentioned in the sixth Article; of sending 

 and receiving ambassadors; entering into treaties and alliances," 



with a certain provision. And below, at the foot of the page are 

 other powers in respect of coinage, managing the affairs of the In- 

 dians, post-offices, appointing officers to the land forces, and so on. 



The only executive that was provided for was what was called " A 

 Committee of the States." That is provided for at the top of p. 9 of 

 the Appendix to the British Counter-Case : 



" The United States, in Congress assembled, shall have authority 

 to appoint a committee, to sit in the recess of Congress, to be denom- 

 inated 'A Committee of the States,' and to consist of one delegate 

 from each State ; and to appoint such other committees and civil offi- 

 cers as may be necessary for managing the general affairs of the 

 United States under their direction ; to appoint one of their number 

 to preside, provided that no person be allowed to serve in the office 

 of president more than one year in any term of three years; " 



So that the only President of the United States was really the 

 Chairman of this Committee of the States. The other officers were 

 such as Congress might direct. 



Now, Sirs, it seems to me, without dwelling upon that Constitution, 

 that there was no power in Congress, and there was certainly none in 



