New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-23
III
UNION BEFORE STATEHOOD.

The advice OF Congress respecting the changes
TO be made in the fundamental laws of the colo
MES suggested an appeal as direct as possible
to the new sovereign who had taken the place
of George IlI-that is. the people. But in this
matter, and still more in matters external to
each colony, there a difficulty growing out Of
the fact that hitherto TO legal devices had been
invented for the perfect expression of this new
kind Of sovereignty. Every effort had been made
to keep the colonies separate by the statesmen
of England and the people, though they saw the
necessity Of acting together as clearly in liza as in
l7SS. did not see clearly how they were TO act or
what the reaction would be upon themselves.
Mr.. Scott makes the most Of the fact that the
delegates chosen TO the Continental Congress
selected not by the people of the various
colonies but by the legislative bodies and that
in Congress they voted not individuals, but by
colonies. and subsequently by States He points
to these facts marks Of the intentional separa-
ton between the States. But it Is just easy
to say that they due to the fact that neither
the people nor the leaders who tried to guide them
were clear about methods for the expression OF
the popular Will
Where were they to go for information? They
had doubtless already discovered. what was after
ward plain to the authors of THE Federalist."
them If they went back to those of ancient times,
Of voting by States was almost the only one used
by the Greek leagues. In the Spartan confeder-
acy. as is shown in DR.. Gustav Gilberts "'rhe Com
stitutional Antiquities OF Sparta and Athens"
the system of one State, one vote tested, and
il was found to work not unfairly. The only thing
which the Greek world had fully proved was
that the people could be sovereign. But 1t is not
clear that Americans Of the Revolutionary period
could have had the same definite knowledge that
is in hand now Of the Athenan system where the
sovereign power of the State was represented
by the people Of Athens; that IL, in theory the
whole Of the citizens who were In the posses
sion Of political rights-but in fact those Atheni-
ans who happened to be present in the Eccesa."
But the position of Sparta in It's confederacy,
and Athens in the Empire. which 1t ruled. where
the federal system one which the controlling
State disdained to share as an equal were fully
understood by American politicians. and must
have been deemed warnings rather than models.
In the effort to provide the people with the
means of expressing their will as clearly on the
affairs of continent as on those OF town meet
Ing, Americans had stepped out on utterly new
ground. With all the precedents of history in
mind and with the knowledge Of the separation
that had been kept up between colonies by the
rulers Of the mother country, the wonder is that
the feeling in favor Of union continued to grow
until 1t received final expression In the opening
phrase Of the Constitution. 1--WE. the people of
the United States" Mr. Scott cavils at this ex-
preston. The commentator of to-day" ne re-
marks, must regret that the plural term 'peo-
pies was neither in general nor special use by
English-speakng writers Of that period, for. II
the term States meant the people Of the several
States, much OF the confusion resulting from the
attempt to ascertain who the parties TO the COM
pact were would have been obviated by the en-
ployment Of the term peoples The contention
itself. for example. over the construction OF the
expression In the preamble Of the Constitution
We the people of the United States would not
have occurred. for II people here meant 'peo-
pies the Interpretation that derives the Consti-
tuition from the act Of nation would have had
no foundation. and therefore would not have
taken place"
On the other hand. Those who believe In ma
tionaity must think that he failure to put into
the Constitution a clear statement OF the unity
OF the people would have meant the failure OF
the Constitution itself. 1t would have been re-
placed by something stronger than 1t was. just