The convention sat for four months. The great work which occupied
it divided the country into two parties. One party feared most the
evils which arise from weakness of the governing power, and sought
relief from these in a close union of the States under a strong
government. Another party dwelt more upon the miserable condition of
the over-governed nations of Europe, and feared the creation of a
government which might grow into a despotism. The aim of the one was
to vest the largest possible measure of power in a central government.
Hamilton, indeed--to whom the British Constitution seemed the most
perfect on earth--went so far as to desire that the States should
be merely great municipalities, attending only, like an English
corporation, to their own local concerns. The aim of the other was
to circumscribe the powers accorded to the general government--to
vindicate the sovereignty of the individual States, and give to it the
widest possible scope. These two sets of opinions continued to exist
and conflict for three-quarters of a century, till that which assigned
an undue dominion to what were called State Rights, perished in the
overthrow of the great Rebellion.
Slowly and through endless debate the convention worked out its plan
of a government. The scheme was submitted to Congress, and thence sent
down to the several States. Months of fiery discussion ensued. Somewhat
reluctantly, by narrow majorities, in the face of vehement protests,
the Constitution was at length adopted under which the thirteen States
were to become so great.
* * * * *
Great Britain has no written Constitution. She has her laws; and it
is expected that all future laws shall be in tolerable harmony with
the principles on which her past legislation has been founded. But if
Parliament were to enact, and the Sovereign to sanction, any law at
variance with these principles, there is no help for it. Queen, Lords,
and Commons are our supreme authority, from whose decisions there lies
no appeal. In America it is different. There the supreme authority is a
written Constitution. Congress may unanimously enact, and the President
may cordially sanction, a new law. Two or three judges, sitting in
the same building where Congress meets, may compare that law with the
Constitution. If it is found at variance with the Constitution, it
is unceremoniously declared to be no law, and entitled to no man’s
obedience. With a few alterations, this Constitution remains in full
force now--gathering around it, as it increases in age, the growing
reverence of the people. The men who framed it must have been very
wise. The people for whom it was framed must possess in high degree
the precious Anglo-Saxon veneration for law. Otherwise the American
paper Constitution must long ago have shared the fate of the numerous
documents of this class under which the French vainly sought rest
during their first Revolution.
Public-domain text, read in full here on John Shaqi.
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