Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
But to call in dispute, at this time, and in the manner Cæsar does, the
right of free deliberation on this subject, is like a man’s propounding a
question to another, and telling him at the same that if he does not
answer agreeable to the opinion of the propounder, he will exert force to
make him of the same sentiment: to exemplify this, it will be necessary to
give you a short history of the rise and progress of the Convention, and
the conduct of Congress thereon. The states in Congress suggested, that
the articles of confederation had provided for making alterations in the
confederation—that there were defects therein, and as a means to remedy
which, a Convention of delegates, appointed by the different states, was
resolved expedient to be held for the sole and express purpose of revising
it, and reporting to Congress and the different legislatures such
alterations and provisions therein as should (when agreed to in Congress
and confirmed by the several states) render the federal constitution
adequate to the exigencies of government. This resolution is sent to the
different states, and the legislature of this state, with others, appoint,
in conformity thereto, delegates for the purpose, and in the words
mentioned in that resolve, as by the resolution of Congress, and the
concurrent resolutions of the senate and assembly of this state,
subjoined, will appear. For the sole and express purpose aforesaid a
Convention of delegates is formed at Philadelphia: what have they done?
Have they revised the confederation, and has Congress agreed to their
report?—neither is the fact. This Convention have exceeded the authority
given to them, and have transmitted to Congress a new political fabric,
essentially and fundamentally distinct and different from it, in which the
different states do not retain separately their sovereignty and
independency, united by a confederate league—but one entire sovereignty, a
consolidation of them into one government—in which new provisions and
powers are not made and vested in Congress, but in an assembly, senate,
and president, who are not known in the articles of confederation.
Congress, without agreeing to, or approving of, this system _proffered_ by
the Convention, have sent it to the different legislatures, not for their
confirmation, but to submit it to the people; not in conformity to their
own resolution, but in conformity to the resolution of the Convention made
and provided in that case.(53) Was it, then, from the face of the
foregoing facts, the intention of Congress, and of this and the other
states, that the essence of our present national government should be
annihilated, or that it should be retained and only have an increase of
substantial necessary powers? Congress, sensible of this latter principle,
and that the Convention had taken on themselves a power which neither they
nor the other states had a right to delegate to them, and that they could
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account