On that July 30 we find Senator Ashurst making plain that he has our edition of our Constitution. He said, “When our federal Constitution was written in 1787, two methods of amending were provided; and, unless I am mistaken, it was the first written constitution in history which provides for two methods of amendment.” This brief and simple mention of that significant fact, in relation to the Fifth Article, seems to have been the only cognizance of the fact itself, in the Senate of that day or in the entire subsequent history of the Eighteenth Amendment, even in the great litigations about it in which were arrayed against one another the most renowned “constitutional” lawyers in America. So far as would appear from the Senate record, no knowledge of the amazingly important effect of that Fifth Article _mention_ of two distinct powers (one limited and then existing in government and the other unlimited and then and now existing in the American people) to make future Articles was acquired in the Senate or afterward, from the fact itself or from Ashurst’s allusion to the fact. Back at Philadelphia in 1787, Gerry, always Tory in his mental attitude to government and human being, realized fully the amazing importance of this Fifth Article mention of the two then existing powers to make Articles, the limited power of legislative governments to make _federal_ Articles (which had made all the federal Articles of 1781) and the unlimited and _exclusive_ power of the people themselves to make _national_ Articles, which had been exercised to make the national Articles in each existing state constitution, and which the Philadelphia Convention had already ascertained and held was the _only_ power competent to make such Articles as their own proposed First Article and the Eighteenth Amendment. While the Philadelphia Convention had been discussing and deciding that their proposed Constitution, because of its First Article, the real constitution of government, must be referred to the people, Gerry had always opposed that decision. He had always fought to have that First Article sent to government, to have its grants of power over the freedom of men made by government to government. When, therefore, the closing business day of that Convention was reached on September 15, 1787, he made his final and consistent Tory effort that citizens should be asked to make a Fifth Article which would change them back again to the subjects they had been in 1775. That effort was his motion of September 15 to strike from the Fifth Article, as we know it, the words “or by conventions in three fourths of” the states. He knew, as we know, by reason of our education with the Americans who defeated his effort, that those words are the Fifth Article _mention_ of the then existing only ability in America which then could or now can make such Articles as the original First Article or as the supposed Eighteenth Amendment. He knew, as