“In the Convention which framed the Constitution, he was the author of the compromise by which, in Congress, the Senate represents the States and the House, the people. “Afterwards, when Congress was engaged in formulating the first ten amendments of the Constitution, which serve as a bill of rights for the people and for the States, it was he who gave the final shape to the last and most important. “This (originally the Twelfth, for Congress proposed twelve of which ten only were ratified by the States), as reported by the committee, read thus: ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively.’ Sherman moved, and the House voted to add the words, ‘or to the people.’ “He knew, as a lawyer, that when anything is reserved in a grant it is reserved by and for the maker of the grant. Who made this grant? From what authority did the Constitution proceed? Was it from the States, and were the powers reserved to be reserved to them and each of them? This was said, or implied, in the original draft of the amendment. Sherman’s addition recognized the principle, afterwards affirmed by Chief Justice Marshall, that the people also had a share in ordaining this Constitution for themselves and their posterity. “It is also worthy of remark, that he was careful to follow the phrase used in the preceding amendment (the Ninth) in which it is declared that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. What people is thus meant? Is it the people of each State, regarded state-wise, or the whole people of the United States regarded nation-wise? That was a question on which public opinion had been divided, and which it remained for the Civil War to settle by force of arms.