Constitutional history -- United States -- Sources; Constitutional law -- United States
Is it an unreasonable conjecture, that the errors which may be
contained in the plan of the convention are such as have resulted
rather from the defect of antecedent experience on this complicated and
difficult subject, than from a want of accuracy or care in the
investigation of it; and, consequently such as will not be ascertained
until an actual trial shall have pointed them out? This conjecture is
rendered probable, not only by many considerations of a general nature,
but by the particular case of the Articles of Confederation. It is
observable that among the numerous objections and amendments suggested
by the several States, when these articles were submitted for their
ratification, not one is found which alludes to the great and radical
error which on actual trial has discovered itself. And if we except the
observations which New Jersey was led to make, rather by her local
situation, than by her peculiar foresight, it may be questioned whether
a single suggestion was of sufficient moment to justify a revision of
the system. There is abundant reason, nevertheless, to suppose that
immaterial as these objections were, they would have been adhered to
with a very dangerous inflexibility, in some States, had not a zeal for
their opinions and supposed interests been stifled by the more powerful
sentiment of selfpreservation. One State, we may remember, persisted
for several years in refusing her concurrence, although the enemy
remained the whole period at our gates, or rather in the very bowels of
our country. Nor was her pliancy in the end effected by a less motive,
than the fear of being chargeable with protracting the public
calamities, and endangering the event of the contest. Every candid
reader will make the proper reflections on these important facts.
Public-domain text, read in full here on John Shaqi.
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