Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-10-21

positions taken in his second number,) and then
asks will Davidson, in reply to this question, have
the hardihood to assert that the Constitution OF
1889 is nothing more nor less than q series OF
amendments to the articles of Confederation ?" thus
plainly intimating that the Convention transcend.
ed its powers
need not argue the negative of this proposition
for the benefit Of President Davis or Marion" as
that has already been done by one Of the most en-
ipent statesmen Of their own political persuasion,
or from whom at least they profess to have learned
their doctrines, Qhough think they do him much
Injustice as will appear before l close THIS ana
whom they regard as st the father of the Constitu-
tion," MIR. Madison. In the FsderaAast, No. Az, ne
says
ness to be determined by inspection Of the com
missions given to the members by their respective
constituents. As all Of these, however, had refer
ence either to the recommendation from the meet.
ing at Annapolis, in September 1885, or that from
Congress- in February, 1877, it will be sufficient to
recur to these particular acts.
The act from Annapolis recommends the ap-
pontment of commissioners to take into consldcra1
ton the situation of the United States, to devise
such further prouisions as shall appear to them
necessary to render the Constitution of the Federal
and to report such an act for thai. purpose to the
United States in Congress assembled, as, when
agreed to by thcm and afterwards confirmed by the
Legislature of every State, will efsetuaHy 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.
Congress of the United States, and of the Legsla-
lures of the several States and Whereas experience
hath eyinced that there defects in the present
Confederation, as means 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 pur
poses expressed in the following resolutions, and
such Convention appearing to be the most probable
means of establishing in these States firm nation
al government
"Resolred, That in the opinion Of Congress, it is
expedient that on the ID Monday in May next, a
Convention of delegates who shall have been ap-
pointed BY the several States, be held at Philadel-
phia for the sole and express purpose OF revising
tAe articles Of Conteaerat'on, and reporting to
Congress and the several Legislatures such alterS
tions and provisions therein as shall, when agreed
to in Congress- and confirmed by the States, render
the Federal Constitution adequate to tbs ergencies
Of government and the pressrcation Of the Union "
80 From these two acts it appears, LIST, that the
object Of the Convention was to establish In these
States u firm national government; I'd, that this
government was to be such as would be Gdequate
to the ergenc:es OF government and the peserration
of the Union Sd, that these purposes were to be
effected by alterations and provisions in the 1r-
ticles of Confederation, as it is expressed in the
act Of Congress, or by s"ch further provisions as
should appear necessary, il stands In the recon-
mandatory act from Annapolis; 4,h, that the al
terauons and provisions were to be reported to
Congress- and to the States, in order to be agreed
to by the former and confirmed by the latter"
FROM comparison aud fair construction OF
these several modes of expression is to be deduced
the authority under which the Convention acted
They were to frame national G. eminent, adequate
to the erigences of gorernmen and of the Union, and
reduce the articles of Confederation into such form
as to accomplish these purposes
There are two rules of construction dictated by
reason, as well as founded on legal axioms. The
is, that every part of the expression ought, if
possible to be allowed some meaning, and be made
to eonspire to some common end. The other is,
that when the several parts cannot be made to coin
cide the less important should give way to the more
important part the means sh )uld be sacrificed to
the end rather than the end to the means.
Suppose then that the expressions defining the
authority of the Convention were irreconcilabiy at
variance with each other; that national and ade
Quate government could not possibly, in the judg
ment of the Convention, be effected by alterations
and procisions in the articles Of Confederation );
whchpart of the definition ought to have been en-
bIaced, and which rejected? Which vas the more
important, which the less important par. !? Which
the end, which the means ? Let the most scrupu-
lous expositors of delegated powers let the must
lnVeterate DIRECTORS against those exercised by the
Convention, answer these questions Let them de-
clare whether it of the most importance to the
happiness of the people Of America, that the artics
of Confederation should De disrcgarJed and an ade
quate government be provided, und The Union pre-
served or that an adequate government should be
omitted and the articles of Confederation preserved
Let them declare whether the preservation Of these
articles was the end, for securing which reform of
the government was to be introduced the means
or whether the establishment Of government, ade
quate to the national happiness, was the end at
which these articles themselves originally arrived,
and to which they ought, as insufficient means, to
have beeitsacrifced.
But IS it necessary to suppose that these ex-
press!ons are absolutely irreconcilate to each other
That no alterations prOrsions in the articles Of
Coafederation, could possibly mould them into
ndt'onot and adequate g,7ernnent; into such
government as has been proposed by the Conven.
ton?
No stress, it is presumed, will. in this case be
ia'o vi Tue ttsts; change Of that could never he
decned an exercise Of ungranted power. Alieru-
tons In the body Of the instrument are EXPRESSLY
authorised Ge1 pr>ruipns therein are also express;
~ authorised Here then Ii a POKER 10 change the
tue; To insert lew article 10 alter obi ones. Must
{" necessity be admitted that this power is in
rihsen ." long AZ part Of the old articles remain
ih"7s Hho maintain tine affirmative ought at least,
p" mark the boundary be.xeen authorised and
u.upen innovations; between that degree of change
Wheel hss within the compass Of alterations and
Iar,hsr p'>zfl'a>ns, and ,isa. which amounts to a
...s u t's g"ysrnuent. \ The
truth ~ a. tss grsai prnc;pes of the Constitution
p'ofssa NJ TIE C. ,en,ion, may be considered ~
- -sSI'Hse'T hsa, than a. the expansion of princ
p's. ~..,es are found IN the articles of Co1federa.
ss', I'VE misfortune Under the latter system has
Dss' f'es WISE principles so feeble and confined
~ " .'S'ss3 ~ The charges of ineficiency which
s+s'e feff urged szatnst it; and to require degrees
" aet'F s'a'enf, which gives to the new system tho
'siksst u IN entire Transformation Of the old
IA H~, i, al,