Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
There never was a day at Philadelphia in 1787 when the clear-minded
Americans did not remember and realize this vital distinction between
Americans, in their capacity as members of their respective existing
societies, and Americans, in their capacity as members of the
prospective society of the whole American people. There never was a
day when they did not realize that the members of the proposed new and
supreme society of men would never have but one attorney in fact for
any purpose, the government at Washington, while the members of each
small and inferior society would still have, as they already had, in
their capacity as such members, their own attorney in fact, their own
government.
One instance alone is sufficient to show how that Philadelphia
Convention never forgot these important things. When the Committee of
Detail, on August 6, 1787, reported to the Convention the first draft
ever made of our Constitution, the Preamble read: “We, the people of
the states of New Hampshire, Massachusetts, etc.” (enumerating all the
states), “do ordain, declare, and establish, the following constitution
for the government of ourselves and our posterity.” (5 _Ell. Deb._
376.) But, so that future generations, like our own, should not ignore
the fact that it was not the people of the respective states but the
whole people of America who made the Constitution, before the proposal
was made from Philadelphia, the Preamble, identifying the makers of
the Constitution, was changed to read, “We, the people of the United
States,”--the whole people of the new nation, America.
In the Virginia convention, Patrick Henry put the clear fact all in
one pithy statement. He made that statement in one of his eloquent
arguments against ratification of the Constitution. Many Americans
today do not know that Patrick Henry was the most zealous opponent of
the proposed Constitution. He was a citizen of the nation of Virginia.
His human liberty as an individual could not be interfered with by any
government or governments in the world except the Virginia government
and only by it, under grant of _national_ power to it from him and his
fellow citizens of Virginia. That is exactly the status which he wished
to retain for himself and which he insisted was the best security for
individual freedom of all Americans in Virginia. “This is an American
government, not a Virginia government!” he exclaimed. Nothing could
more clearly express his knowledge, the common knowledge of all in that
day, that he and his fellow Americans in that convention were being
asked as Americans, not as citizens of Virginia, to constitute a new
nation of the American people and a national government for that people.
Public-domain text, read in full here on John Shaqi.
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