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
[378] Madison. Elliot, V. 96.
[379] It was brought before them by the speech of the Governor
(Clinton), informing them of the resolutions of Congress, which had
requested an immediate call of the legislature to consider the revenue
system, "a subject," he observed, "which had been repeatedly submitted
to them, and must be well understood."
[380] Journals, XII. 15. February 21, 1787.
[381] Ibid. The vote rejecting the impost bill was taken on the 15th of
February. The resolution of instructions was passed on the 17th, and was
laid before Congress on the 21st.
[382] Mr. Madison has recorded the suspicions with which this resolution
of the New York legislature was received. Their previous refusal of the
impost act, and their known anti-federal tendencies, gave rise, he says,
to the belief that their object was to obtain a convention without
having it called under the authority of Congress, or else, by dividing
the plans of the States in their appointments of delegates, to frustrate
them all. (Madison. Elliot, V. 96.) But whatever grounds there might
have been for either of these suspicions, the latter certainly was not
well founded. The New York resolution was drafted by Hamilton, and
although it was passed by a body in which a majority had not exhibited a
disposition to enlarge the authority of Congress, it was manifestly not
intended to prevent the adoption of the plan of a convention. It
contemplated the passage by Congress of an act, recommending the States
to institute a convention of representatives of the States to revise the
Articles of Confederation; and the resolution introduced by the New York
delegation into Congress proposed that the alterations and amendments
which the convention might consider necessary to render the Articles of
Confederation "adequate to the preservation and support of the Union,"
should be reported to Congress and to the States respectively, but did
not direct how they should be adopted. This would have left open a great
question, and seemed to be a departure from the mode in which the
Articles of Confederation directed that amendments should be made.
Probably it was Hamilton's intention to leave the form in which the new
system should be adopted for future action, without fettering the
movement by prescribing the mode before the convention had assembled.
But this course was practically impossible. Congress could not be
prevailed upon to recommend a convention, without making the condition
that the new provisions should be reported to Congress and confirmed by
the States. This gave rise to great embarrassment in the convention,
when it came to be admitted that the Confederation must be totally
superseded, and not _amended_; and it was finally disregarded. But it
was the only mode in which the convention could have been recommended by
Congress, and without that recommendation, probably, it could not have
been instituted.
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