The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-10-08

exact words Of the resolution passed
By Congress calling the convention,
showing c~onclusiveIy that 70 one
thought taat : new Constitution was
to be made, but that the Old one was
to be revised.
Even II the States had said nothing
whatever to their delegates as To what
they We're expected to do. the resolu-
ton Of Congress itself would haze
been sufficient to determine that mat
ter.
Ever vote taken in the convention
after II met was by states and not b.
its Individual members. The ConSti-
tuition was. therefore,, formulated by
the states and not by the people as
a whole or as q nation. It was a com
pact or agreement that certain speci-
fed things should be done by the gen
era1 government for the States. It
was a transaction among sovereigns,
and | submit, as a sound proposition
of public law. backed by some of the
visest lawyers OF this and other times,
that power does not PASS between SOW
ereigns by Implication.
1T is a fundamental maxim of pub
lie law that in constituting grants from
the sovereign power. nothing is to be
AIKEN by implication against the pow
er granting; nothing will pass to the
g%rantee but by clear and express
words" says Alexander II. Stephens
in his War Between the States"
| take it that no one will claim that
treaty powers pass by implication, ex-
cept where it is so plain a consequence
as to be unouestioned.
The convention met, and George
Washington was made its president.
Notwithstanding the particularly with
which Congress had designated the
objects of the convention, and in spite
Of what the various states had said
to their delegates concerning its OBJ
jects. it was in this great body that
the struggle between those favoring
a strong centralized national govern
ment and those favoring a strictly
Federal government, With distinct
define and limited powers, began. 1t
has been most aptly said that the
great contest here begun was pre-
figured III the ante-natal struggle of
Jacob and Esau in the womb OF Re
bekah."
I maintain that the basis OF the diff
ference between the IDEAS OF these two
factions lay in the fact that one side
thought that man was incapable Of
self-goverrment. while the other
thought he was ~erninently capable of
governing himself. Alexander Ham
ilton was the leader of one of these
factions, and Thonlas Jefferson though
not a MEMBER Oh U1e cOlaNGllIlO1 was
the acknowledged spirit OF the other
faction. It is certainly susceptible Of
proof tina Mr.. Hamilton thought that
d government ought to be organized
with q president. or other executive,
chosen for life, with the power to
appoint the governors OF the states.
ard that he be given a veto over any
aLts tina the States might pass that
ne thought not for the interest of the
government. He also favored the cleo
ton OF United States Senators for life.
His idea IVES h q men could be con
trClled only by q strong ha3d. Mr..
jefferson believed that the people were
CAPABLE OF governing themselves, aud
that strong governments were for op-
preston and not for liberty.
TIC morarchs of the world about
this time were very much exercised
about this government Of ours, and the
spirit it was developing. and the re-
suit was the Organization OF was
called tha Holy Alliance" by the
oppressive nations Of TIC Old world,
the aEcweI OBJECT VAS to formulate
plans for combating this sentiment.
About the FIRST resolutions present
ed to the convention for its considera-
ton We're the following. introduced,
! think, by Gouyerneur Morris Of
TO q ccmmittee ard not to the body Of
the convention:
Resolved. THAT a Union Of the
States merely Federal will not accom-
plish the objects proposed D. the Ar
ticles Of Confederation. namely, COM
mon defence, security of liberty, AM
general welfare
-. Resolved. That no treaty or
treaties among any OF the States, as
sovereign. Will accomplish or secure
their common defence, liberty or well
fare.
-. Resolved, That a National Gov
eminent ought 70 be established cor
sistinG Cf a supreme judicial Legisla-
tive AID Executive
The Grst two Of these resolutions
were not agreed TO by the committee.
as it wa said that their adoption
put an end to the convention at
once. as TIE StItes would never think
Of ratityirE such action. The last was
adopted by the committee. eight States
being present. Subsequently, IN the
10th Of June. just ~tWent.-one days
when the report OF this commit
tee came before the convention as 1
body. and after ty discussion It's mean
and s~igniGcarce had become ap-
parent. with eleven states present. up
motion of Mr.. Ellsworth, of Con-
recticut. the following was adopted as
a substitute for the resolution offered
Mr.. Morris:
r Resolved, That the Government Cf
the United States ought TO consist Of
a supreme Legislative, Judiciary and
After this action of the convention
word National wherever it -
Cured in any of the drafts Of the Con
stitution. was stricken out and the
OF the United States" or
he equivalent Of these WORDS, inserted. /
The work of the convention was
and in due time was sub