Every step that was taken toward the formation of the Constitution of the United States, from its inception to its adoption, was taken by the States, and not by the people of the United States in the aggregate. There was no such people known as the people of the United States, in the aggregate, at the time of the formation of the Constitution. If there is any such people now, it was formed by the Constitution. But this is not the question. The question now is, who formed the Constitution, not what was formed by it? If it was formed by the States, admit our adversaries, it may be broken by the States.

The delegates who met at Annapolis were sent thither by the States, and not by the people of the United States. The Convention of 1787, which formed the Constitution, was equally composed of members sent to Philadelphia by the States. James Madison was chosen by the people of Virginia, and not by the people of New York; and Alexander Hamilton was chosen by the people of New York, and not by the people of Virginia. Every article, section, and paragraph of the Constitution was voted for, or against, by States; the little State of Delaware, not much larger than a single county of New York, off-setting the vote of that great State.

Memoirs of Service Afloat, During the War Between the States — Part 18

And when the Constitution was formed, to whom was it submitted for ratification? Was there any convention of the people of the United States in the aggregate, as one nation, called for the purpose of considering it? Did not each State, on the contrary, call its own convention? and did not some of the States accept it, and some of them refuse to accept it? It was provided that when nine States should accept it, it should go into operation; was it pretended that the vote of these nine States was to bind the others? Is it not a fact, on the contrary, that the vote of eleven States did _not_ bind the other two? Where was that great constituency, composed of the people of the United States in the aggregate, as one nation, all this time?

Memoirs of Service Afloat, During the War Between the States — Part 18

"But," say those who are opposed to us in this argument, "look at the instrument itself, and you will see that it was framed by the people of the United States, and not by the States. Does not its Preamble read thus: 'We, the people of the United States, in order to form a more perfect Union, &c., do ordain and establish this Constitution for the United States of America'?" Perhaps there has never been a greater literary and historical fraud practised upon any people, than has been attempted in the use to which these words have been put. And, perhaps, no equal number of reading and intelligent men has ever before submitted so blindly and docilely to be imposed upon by literary quackery and the legerdemain of words, as our fellow-citizens of the North have in accepting Webster's and Story's version of the preamble of the Constitution.

Memoirs of Service Afloat, During the War Between the States — Part 18