Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-03-22

5S4.
ton Of government Is the administra-
ton of law. Where law is administer
, ed there is government; when there
is no law, there is no government. The
administration OF law requires the
making of law, the application Of law /,
and the execution of law; legislature,
a Judiciary, and an executive provid-
ed for by the Articles of confederation.
The congress under it was not legis-
lature. The congress had never been a
legislature; simply because it had no
power to make law. There is no law
which Is hot The expression Of the will
Of government which sees that 1t Is
obeyed.. As Blackstone says, law con-
sists of precept and a penalty. There
, was, therefore, no law made by the con-
gress before the Articles Of confedera-
, ton, or under them; because there was
no penalty and no power to execute a
penalty. Under the Articles Of con-
federation, the states continued SOW
ereign and independent, politically dis
united, but in universal and perpetual
, friendly alliance, and with feeling
that they were one people.
This arrangement was unsatisfactory.
The people Of the several states were
In heart as In history and origin one,
and they desired to be politically one.
The Articles of Confederation were a
failure, and failure just here: they
were a mere International alliance.
They did not form government. What
the states needed and desired was q
common government. Not that they
wished to obliterate state lines and
abolish state governments. They had
no such design or desire. Their own
to be preserved by all means, but they
wanted a common government Of, over
and between the states.
II Virginia was the first to move,
through her legislature in January,
D 1886, when she proposed convention
of commissioners. from the states. This
D was held at Annapolis i'll September
, OF the same year. Only five states were
represented. These memorialized the
, several states and the congress for g
general convention of all the states
Congress called the convention Febru'
ary, 1887, and it met in Philadelphls
. May 25, ITS, only seven states appear
ing the first day. New York, New
Jersey, Pennsylvania, Delaware, Vir
0 ginia, North and South Carolina, Mass
achuse,ts and Connecticut came tht
2Sth; and finally all the states were
represented except Rhode Island. There
were sixty five delegates appointed ,bu
only fifty-ive attended, and Of these
only thirty-nine signed the constitution
when completed.
= We propose now to examine th'
Il work Of this convention, and to make
d an estimate OF what it finally did. NJ
g more important political meeting pro
l. baby was ever held upon this earth
n The main sources from which we shall
= draw Our information are: l. The orr
= ginal documents or papers presentei
d to, and acted upon by the convention
s including, 1st-The Articles of Confed
h Grafton, 2--The Virginia Resolutions
q as first presented by Governor Ran
IF dolph, as amended i'll committee of tn
II whole, and as finally adopted by tn
q convention, 5-The Jersey Resolutions
$ rejected in committee of the whole, bu
e referred TO the committee Of five ,July26
C 4-Chas. Pinckney's Draft OF Fedora
o Government, referred to the COMMITTEE
& of FIVE, July 26, 5-Alexander Hamii
s tons Plan Of Government, simply rea'
by him as part Of speech made il
the convention, 6-Draft OF constitu
ton, reported by the committee Of five
- Aug. 6, 7--Ihe constitution of tn
United States, as finally amended ant
!, adopted Sept. II. II. The report of th
. debates of The convention, made b,
4 Judge Gates, down to and inciudin!
July ). If we had ERsott's Debates, We
should, of course, use it; but so far a
we know, there is no copy in the coun
p Ity. III. The Reports of Gov. Ran
dolph, OF Judge Gates and Mr. Lans
ing, aud OF Luther Martin, members o
? the convention, to their respective state
: authorities. ". The acts of ratihca
lion Of the constitution by the cenven
tons OF the several states.
{ IL may be proper to remark, before
n proceeding to All investigation OF these
papers, that the most important OF
them are the Virginia Resolutions anC
the Constitution itself. This is true
because these are the only papers which
were adopted by the convention, al
expressive of its views. The Jersey
Resoiut ons were formally rejected
y while Piiickney's Draft was not dis
cusscd III the convention but simpl,
referred 10 the committee of details
4 and this committees draft, so far as il
was approved, appears in the coustitu-
ton as it was finally adopted, after
4 more than q months debate.
! 1t is interesting 10 study these Vir-
e ginia Resolutions, as discussed in thu
e committee Of the whole, and after
! ward re-discussed, amended, enlarged
: and perfected by the convention itself
8 The most animated and protracted de
Il bates occarred during their considera-
! ton. The views held aud declared
v We're quite diverse, and seemed inca
u pable OF harmonious adjustment. Boil
j. extremes grew warm in the discussi IN,
. and threatened non ratification if their
views did moi prevail. 1t appeared az
< If the convention would prove failure
i and would disband unable to agree
? The resolutions, as finally adopted, are
= therefore, like the constitution itself, .
< compromise; and, as is usual In sucl
naitba,s ~ Ea