Sec.4. The states under the confederation were independent, not only of each other, but of the general government. True, they agreed, for their common defense and mutual welfare, to do certain things; and certain other things they agreed not to do, but delegated to congress the power to do them; but, as we have seen, congress had not the power to compel the states to obey its requisitions. By the constitution, the states have given up a greater portion of their sovereignty to the general government, which has power, in certain cases, to control the state governments, and to enforce its laws upon them and upon individuals.
Sec.5. Again, under the confederation, as in confederacies generally, the states were equal. They were entitled to an equal number of delegates in the congress, in which they voted by states, each state having one vote; that is, if a majority of the delegates of a state voted in favor of or against a proposed measure, the vote of the state was so counted; and a proposition having in its favor a majority of the states, was carried. Every state was entitled to seven delegates; but there must be at least two delegates present and voting, in order to give a state vote; and if an equal number of the delegates of a state voted for and against a proposition, the state was said to be divided, and to have no vote.
Sec.6. Under the constitution there are two branches of congress, in one of which the number of representatives of each state is in proportion to its population; in the other, (the senate,) the states are equally represented, on the principle of the confederation, though by two senators only. But the vote in both is taken, not by states as under the confederation, but per capita, that is, by the head or poll, the vote of each member counting one.
Sec.7. The articles of confederation were framed by congress, the members of which were appointed by the state legislatures; and the articles, when framed, were submitted for ratification to the state legislatures. The constitution was framed by a convention of delegates from the states appointed for that purpose; and was ratified, not by the state legislatures, but by state conventions whose members were elected by the people of the several states.
Sec.8. The former union, as has been remarked, was a mere Confederacy, composed of independent states, and united simply for purposes of defense and their mutual safety. In most respects they had no more political connection than so many different nations. The people of a state were not, properly speaking, citizens of the United States, but only citizens of the state in which they lived. But by the constitution, the people of the states were incorporated into a nation; and a citizen of a state is also a citizen of the United States. The government of the confederation, although sometimes called the national government, was not really such, nor was it generally so regarded, as appears from the proceedings of the convention that framed the constitution.