The Federalist; a Commentary On the Constitution of the United States
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THE RIGHT OF THE CONVENTION TO FRAME SUCH A CONSTITUTION.
The authority under which the convention acted examined — Proper even to have exceeded authority, from consideration of duty — Constitu- tion merely recommended — Necessity for a radical change — Whether the convention exceeded its powers does not affect the question of ratification.
To the People of the State of New York: The second point to be examined is, whether the convention were authorized to frame and propose this mixed Constitut...ion.
The powers of the convention ought, in strictness, to be deter- Madison! RECOMMENDATORY ACTS. 253 mined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in Feb- ruary, 1787, it will be sufficient to recur to these particular acts.
The act from Annapolis recommends the " appointment of com- missioners to take into consideration the situation of the United States ; to devise suck further provisions as shall appear to them necessary to render the Constitution of the federal government adequate to the exigencies of the Union; and to report such an act for that purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the legis- lature of every State, will effectually provide for the same." The recommendatory act of Congress is in the words following : " Whereas, there is provision in the articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present Confederation ; as a mean to remedy which, several of the States, and particularly the State of New York, by express instructions to their delegates in Congress, have suggested a convention for the purposes expressed in the follow- ing resolution ; and such convention appearing to be the most probable mean of establishing in these States a firm, national government : " Resolved, — That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the articles of Confederation, and reporting to Congress and the several legislatures such alterations and provisions therein, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution adequate to the exigencies of government and the preservation of the Union!' From these two acts, it appears, ist, that the object of the con- vention was to establish, in these States, a firm national govern- ment; 2d, that this government was to be such as would be ade- quate to the exigencies of government and the preservation of the Union; 3d, that these purposes were to be effected by alterations and provisions in the articles of Confederation, as it is expressed in the act of Congress, or by such further provisions as should appear necessary, as it stands in the recommendatory act from Annapolis; 4th, that the alterations and provisions were to be 254 ADEQUA TE GO VERNMENT DEMANDED.
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To quickly assess the difficulty of the text, read a short excerpt:
THE RIGHT OF THE CONVENTION TO FRAME SUCH A CONSTITUTION.
The authority under which the convention acted examined — Proper even to have exceeded authority, from consideration of duty — Constitu- tion merely recommended — Necessity for a radical change — Whether the convention exceeded its powers does not affect the question of ratification.
To the People of the State of New York: The second point to be examined is, whether the convention were authorized to frame and propose this mixed Constitut...ion.
The powers of the convention ought, in strictness, to be deter- Madison! RECOMMENDATORY ACTS. 253 mined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in Feb- ruary, 1787, it will be sufficient to recur to these particular acts.
The act from Annapolis recommends the " appointment of com- missioners to take into consideration the situation of the United States ; to devise suck further provisions as shall appear to them necessary to render the Constitution of the federal government adequate to the exigencies of the Union; and to report such an act for that purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the legis- lature of every State, will effectually provide for the same." The recommendatory act of Congress is in the words following : " Whereas, there is provision in the articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present Confederation ; as a mean to remedy which, several of the States, and particularly the State of New York, by express instructions to their delegates in Congress, have suggested a convention for the purposes expressed in the follow- ing resolution ; and such convention appearing to be the most probable mean of establishing in these States a firm, national government : " Resolved, — That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the articles of Confederation, and reporting to Congress and the several legislatures such alterations and provisions therein, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution adequate to the exigencies of government and the preservation of the Union!' From these two acts, it appears, ist, that the object of the con- vention was to establish, in these States, a firm national govern- ment; 2d, that this government was to be such as would be ade- quate to the exigencies of government and the preservation of the Union; 3d, that these purposes were to be effected by alterations and provisions in the articles of Confederation, as it is expressed in the act of Congress, or by such further provisions as should appear necessary, as it stands in the recommendatory act from Annapolis; 4th, that the alterations and provisions were to be 254 ADEQUA TE GO VERNMENT DEMANDED.
What to read after The Federalist; a Commentary On the Constitution of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Hamilton Alexander to read onlineMoreLess
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