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
The Convention had confessedly no power to enact or establish
anything. It was a representative body, clothed with authority to
agree upon a system of government to be recommended to the adoption of
their constituents. The constituents were twelve of the thirteen
States of the confederacy, each having an equal voice and vote in the
proceedings; but neither the assent nor the dissent of a State, in the
Convention, to the whole system, or to any part of it, bound the
people of that State to receive or to reject it when it should come
before them. Still, the results of the various determinations of a
majority of the States in this body; the purposes of particular
provisions which those results clearly disclose; the relations which
they evince between the different parts of the system,--are all of
the utmost importance in determining the sense in which the whole
ultimately came before the enacting authority for approval or
rejection. If, for example, a majority of the States came to a very
early determination that the principle of the government should no
longer be that of an exclusive representation of States, but should
include a representation of the people of the different States in some
fair and equitable ratio; if they adhered to this throughout their
deliberations, and adjusted everything with reference to it; and if,
when they finally provided for a mode of establishing the new system,
they submitted it directly to the people of each State to declare
whether they would be so represented,--it is manifest that these
results of their action have much to do with the inquiry, What is the
true nature of the present government of the United States?
Every student of the proceedings and discussions in the national
Convention should, however, be careful not to extend this principle of
general interpretation to the views, opinions, or arguments expressed
or employed by individuals in that assembly. The line of argument or
illustration adopted by different members may be more or less
important, as tending to explain the scope or purpose of a particular
decision arrived at by a vote of the Convention; and occasionally, as
will be seen in reference to the arrangements which were finally
entered into as mutual concessions or compromises between different
interests, the discussions will be found to be of great significance
and importance. But it is, after all, to the results themselves, and
to the principles involved in the various decisions of the Convention,
as indicated by the votes taken, that we are to look for the landmarks
that are to guide our inquiries into the fundamental changes,
improvements, and additions proposed by the Convention to the country,
and afterwards adopted by the people of the States.
FOOTNOTES:
[1] Rhode Island.
[2] New Jersey specifically contemplated a regulation of commerce. See
the proceedings of Congress, and those of the States, _ante_, Vol. I.
pp. 361, 367, notes.
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