Constitutional history -- United States -- Sources; Constitutional law -- United States
Let us view the ground on which the convention stood. It
may be collected from their proceedings, that they were deeply and
unanimously impressed with the crisis, which had led their country
almost with one voice to make so singular and solemn an experiment for
correcting the errors of a system by which this crisis had been
produced; that they were no less deeply and unanimously convinced that
such a reform as they have proposed was absolutely necessary to effect
the purposes of their appointment. It could not be unknown to them that
the hopes and expectations of the great body of citizens, throughout
this great empire, were turned with the keenest anxiety to the event of
their deliberations. They had every reason to believe that the contrary
sentiments agitated the minds and bosoms of every external and internal
foe to the liberty and prosperity of the United States. They had seen
in the origin and progress of the experiment, the alacrity with which
the PROPOSITION, made by a single State (Virginia), towards a partial
amendment of the Confederation, had been attended to and promoted. They
had seen the LIBERTY ASSUMED by a VERY FEW deputies from a VERY FEW
States, convened at Annapolis, of recommending a great and critical
object, wholly foreign to their commission, not only justified by the
public opinion, but actually carried into effect by twelve out of the
thirteen States. They had seen, in a variety of instances, assumptions
by Congress, not only of recommendatory, but of operative, powers,
warranted, in the public estimation, by occasions and objects
infinitely less urgent than those by which their conduct was to be
governed. They must have reflected, that in all great changes of
established governments, forms ought to give way to substance; that a
rigid adherence in such cases to the former, would render nominal and
nugatory the transcendent and precious right of the people to “abolish
or alter their governments as to them shall seem most likely to effect
their safety and happiness,”[2] since it is impossible for the people
spontaneously and universally to move in concert towards their object;
and it is therefore essential that such changes be instituted by some
INFORMAL AND UNAUTHORIZED PROPOSITIONS, made by some patriotic and
respectable citizen or number of citizens. They must have recollected
that it was by this irregular and assumed privilege of proposing to the
people plans for their safety and happiness, that the States were first
united against the danger with which they were threatened by their
ancient government; that committees and congresses were formed for
concentrating their efforts and defending their rights; and that
CONVENTIONS were ELECTED in THE SEVERAL STATES for establishing the
constitutions under which they are now governed; nor could it have been
forgotten that no little ill-timed scruples, no zeal for adhering to
ordinary forms, were anywhere seen, except in those who wished to
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