History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The report of the Annapolis commissioners was, however, taken into
consideration; and in the course of the following winter a report upon
it was made in Congress, which conceded the fact that the Confederation
required amendments, and that the proposed convention was the most
eligible mode of effecting them.[375] But this report had to encounter
the objection, entertained by many members, that the measure proposed
would tend to weaken the federal authority, by lending the sanction of
Congress to an extra-constitutional proceeding. Others considered that a
more summary mode of proceeding was advisable, in the form of a direct
appeal to the people of every State to institute State conventions,
which should choose delegates to a general convention, to revise and
amend, or change, the federal system, and to publish the new
constitution for general observance, without any reference to the
States, for their acceptance or confirmation.[376] There were still
others, who preferred that Congress should take up the defects of the
existing system, point them out to the legislatures of the States, and
recommend certain distinct alterations to be adopted by them.[377]
It was no doubt true, that a convention originating with the State
legislatures was not a mode pointed out by the Articles of Confederation
for effecting amendments to that instrument. But it was equally true,
that the mere amendment of that instrument was not what the critical
situation of the country required. On the other hand, a convention
originating with the people of the States would undoubtedly rest upon
the authority of the people, in its inception; but, if the system which
it might frame were to go into operation without first being adopted by
the people, it would as certainly want the true basis of their consent.
These difficulties were felt in and out of Congress. But it does not
seem to have occurred to those who raised them, that the source from
which the convention should derive its powers to frame and recommend a
new system of government was of far less consequence, than that the mode
in which the system recommended should be adopted, should be one that
would give it the full sanction and authority of the people themselves.
A constitution might be framed and recommended by any body of
individuals, whether instituted by the legislatures or by the people of
the States; but if adopted and ordained by the States in their corporate
capacities, it would rest on one basis, and if adopted and ordained by
the people of the States, acting upon it directly and primarily, it
would obviously rest upon another, a different, and a higher authority.
Public-domain text, read in full here on John Shaqi.
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