Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Interesting though it would be, it is impossible herein to give
in detail the remarkable story of the four months’ Convention at
Philadelphia in 1787. It began on May 14 and its last day was September
17. It is recommended to every American, who desires any real knowledge
of what his nation really is, that he read, in preference to any other
story of that Convention, the actual report of its debates by Madison,
which he himself states were “written out from my notes, aided by the
freshness of my recollections.” It is possible only to refer briefly
but accurately to those actual facts, in the history of those four
months, which are pertinent to the object of this book.
At the very outset, it is well for us Americans to know and to remember
the extraordinary nature of the recommendation which had come from
Annapolis and of the very assembling of that Philadelphia Convention.
The suggestion and the Convention were entirely outside any written law
in America. Every one of the thirteen colonies was then an independent
nation. These nations were united in a federation. Each nation had
its own constitution. The federation had its federal constitution.
In none of those constitutions was there any provision whatever under
which any such convention as that of Philadelphia could be suggested
or held. The federal Constitution provided the specific mode in which
ability to amend any of its federal Articles could be exercised. Such
provision neither suggested nor contemplated any such convention as
that to be held at Philadelphia. For these reasons, Madison and Wilson
of Pennsylvania and other leading delegates at that Convention stoutly
insisted that the Philadelphia Convention had not exercised any power
whatever in making a proposal.
“The fact is, they have exercised no power at all; and, in point of
validity, this Constitution, _proposed_ by them for the government of
the United States, claims no more than a production of the same nature
would claim, flowing from a private pen.” (Wilson, Pennsylvania State
Convention in 1787, 2 _Ell. Deb._ 470.)
“It is therefore essential that such changes [in government] be
instituted by some _informal and unauthorized propositions_, made
by some patriotic and respectable citizen or number of citizens.”
(Madison, _Fed._ No. 40.)
But there was a development even more remarkable on the second day of
this unauthorized Convention.
Public-domain text, read in full here on John Shaqi.
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