Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
But the knowledge of Henry and of Pendleton, that the document
under consideration was the Constitution of a nation whose citizens
alone could give to its government any valid power to interfere
with their human freedom, was the knowledge of all in that and the
other “conventions,” in which the one people of America assembled
and adopted that Constitution. Let us note another distinct type in
that Virginia convention, the famous Light-horse Harry Lee of the
Revolution. “Descended from one of the oldest and most honorable
families in the colony, a graduate of Princeton College, one of the
most daring, picturesque, and attractive officers of the Revolution, in
which by sheer gallantry and military genius he had become commander
of a famous cavalry command, the gallant Lee was a perfect contrast
to the venerable Pendleton.” (Beveridge, _Life of Marshall_, Vol. I,
page 387.) Lee also replied to Henry’s attack on the expression “We,
the people” and not “We, the states.” In his reply, there was shown
the same accurate knowledge of basic American law. “This expression
was introduced into that paper with great propriety. This system is
submitted _to the people_ for their consideration, because on them it
is to operate, if adopted. It is not binding on the people until it
becomes their act.” (3 _Ell. Deb._ 42.)
In the Massachusetts convention, General William Heath, another soldier
of the Revolution, showed his accurate conception of the legal fact
of which we average Americans have just been reading in the decisions
of our Supreme Court. “Mr. President, I consider myself not as an
inhabitant of Massachusetts, but as a citizen of the United States.” (2
_Ell. Deb._ 12.)
In the North Carolina convention, William Goudy seems to have had some
prophetic vision of our own immediate day. Speaking of the document
under discussion and clearly having in mind its First Article, this
is the warning he gave us: “Its intent is a concession of power, on
the part of the people, to their rulers. We know that private interest
governs mankind generally. Power belongs originally to the people;
but if rulers [all governments] be not well guarded, that power may
be usurped from them. People ought to be cautious in giving away
power.... Power is generally taken from the people by imposing on their
understanding, or by fetters.” (4 _Ell. Deb._ 10.)
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