Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
There came a day, early in that memorable July, when all hope of
continuing the Convention was almost abandoned, by reason of the
difference of desire and opinion on this one subject. Let us average
Americans of this generation remember that this one subject was merely
the decision whether the people were to choose all the members of the
legislature which was to exercise granted national powers to interfere
with the human freedom of the citizens of America. Happily for all of
us, there were many patriotic as well as able leaders at Philadelphia.
From their patriotism and ability they evolved the compromise, on
that question, which is expressed in their First Article. When it
came from Philadelphia, it provided that each state should have equal
representation in the Senate, senators to be chosen by the state
legislatures, and that the House of Representatives should consist
of members chosen directly by the citizens of America, in districts
proportioned to the number of those citizens in it.
No one has read the recorded debates of the Convention which proposed
and the conventions which adopted our Constitution without learning
that the Americans in those conventions knew that the grant of
enumerated _national_ powers in the First Article WAS the constitution
of the _American_ government of men. In and out of the Philadelphia
Convention, the greatest and most persistent attack upon its proposal
was the insistent claim that it had acted wholly without authority in
proposing an Article which purported to grant _any_ such _national_
power to interfere with the human freedom of all Americans. Since July
4, 1776, no legislature or legislatures in the world had possessed _any
national_ powers over all Americans. The Americans in each existing
nation elected every member of the one legislature which had any
such power over them. It was felt and stated at Philadelphia, it was
felt and urged and insisted upon, sometimes with decency and reason,
sometimes with bitterness and rancor and hatred, between the closing
day at Philadelphia and the assembling of various Americans in each
state, that the Americans in each state would be unwilling to give
_any_ such _national_ power over themselves to any legislature whose
members were not all elected by the people in that state. In all the
conventions which adopted the Constitution, the one great object of
attack was the grant even of _enumerated_ powers of a _national_
kind to a legislature whose members would not all be chosen by the
Americans in the state in which the convention was held. The record of
the Virginia convention fills one entire volume of Elliot’s Debates.
Almost one-half of the pages of that volume are claimed by the eloquent
attacks of Patrick Henry upon those grants of enumerated powers in
that First Article. The basis of all his argument was the fact that
this grant of national power in the First Article would make him and
all his fellow Virginians, for the first time since the Declaration of
Public-domain text, read in full here on John Shaqi.
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