History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Having now reached that stage in the process of framing the
Constitution at which certain principles were confided to a committee
of detail, the reader will now have an opportunity to observe the
farther development and application of those principles, the mode in
which certain chasms in the system were supplied, and the final
arrangements which produced the complete instrument that was submitted
to the people of the United States for their adoption.
Great power was necessarily confided to a committee, to whom was
intrusted the first choice of means and of terms that were to give
practical effect to the principles embraced in the resolutions of the
Convention. There might be a substantial compliance with the
intentions previously indicated by the debates and votes of the
Convention, and at the same time the mode in which those intentions
should be carried out by the committee might require a new
consideration of the subjects involved. Hence it is important to
pursue the growth of the Constitution through the entire proceedings.
The committee of detail presented their report on the 6th of August,
in the shape of a Constitution divided into three-and-twenty Articles.
It is not my purpose to examine this instrument in the precise order
of its various provisions, or to describe all the discussions which
took place upon its minute details. It is more consonant with the
general purpose of this history, to group together the different
features of the Constitution which relate to the structure and powers
of the different departments and to the fundamental purposes of the
new government.[130]
In accordance with the previous decisions of the Convention, the
committee of detail had provided that the legislative power of the
United States should be vested in a Congress, to consist of two
branches, a House of Representatives and a Senate, each of which
should have a negative on the other. But as to the persons by whom the
members of the national legislature were to be appointed, no decision
had been made in the Convention, excepting that the members of the
House were to be chosen by the people of the States, and the members
of the Senate by their legislatures. Nothing had been settled
respecting the qualifications of the electors of representatives; nor
had the qualifications of the members of either branch been
determined.[131] Two great questions, therefore, remained open;
first, with what class of persons was the election of members of the
popular branch of the legislature to be lodged; secondly, what persons
were to be eligible to that and to the other branch. In substance,
these questions resolved themselves into the inquiry, in whom was the
power of governing America to be vested; for it is to be remembered
that, according to a decision of the Convention not yet reversed, the
national executive was to be chosen by the national legislature.
Public-domain text, read in full here on John Shaqi.
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