Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is clear to us, who have followed the framing of that Article in
Philadelphia in 1787, that the Americans who framed it there and
the Americans who made it, in their later “conventions,” would not
recognize _their_ Fifth Article. In the expurgated edition, the most
important factor in the real Fifth Article is not only ignored but is
entirely missing. It has been stricken from the Article. We do not know
who ordered that it be stricken out. We recall with interest that, on
September 15, 1787, at Philadelphia, Gerry, always a consistent Tory
in mental attitude, moved that it be stricken out of the Article. We
recall that his motion was defeated by a vote of 10 to 1. Nevertheless,
when we come to read that Article, as Webb and his colleagues for the
new Amendment know it, we find that they must have some other record
of the vote on that old September 15, 1787, and of the later votes in
the “conventions” of the citizens of America. We find that in the
Fifth Article, as Webb and his colleagues know it, there are no words
“by conventions in three fourths of” the several states. We realize
that this reading of _his_ Fifth Article and the absence of those
important words from it was no mere inadvertence on the part of Webb.
Clearly those words are not in _his_ Fifth Article. Only a few moments
after his reading of it, on December 17, 1917, he quoted with approval
a statement, by some former Senator, that the American people have
a “right to be heard in the forum of the state legislatures, where
_alone_ the question can be decided whether the _national_ Constitution
shall be amended.”
Public-domain text, read in full here on John Shaqi.
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