to produce and constitute a government. To suppose that any
government can be a party in a compact with the whole people, is to
suppose it to have existence before it can have a right to exist. The
only instance in which a compact can take place between the people and
those who exercise the government, is, that the people shall pay them,
while they choose to employ them.
Government is not a trade which any man, or any body of men, has a right
to set up and exercise for his own emolument, but is altogether a trust,
in right of those by whom that trust is delegated, and by whom it is
always resumeable. It has of itself no rights; they are altogether
duties.
Having thus given two instances of the original formation of a
constitution, I will show the manner in which both have been changed
since their first establishment.
The powers vested in the governments of the several states, by the state
constitutions, were found, upon experience, to be too great; and those
vested in the federal government, by the act of confederation, too
little. The defect was not in the principle, but in the distribution of
power.
Numerous publications, in pamphlets and in the newspapers, appeared,
on the propriety and necessity of new modelling the federal government.
After some time of public discussion, carried on through the channel
of the press, and in conversations, the state of Virginia, experiencing
some inconvenience with respect to commerce, proposed holding a
continental conference; in consequence of which, a deputation from five
or six state assemblies met at Annapolis, in Maryland, in 1786. This
meeting, not conceiving itself sufficiently authorised to go into the
business of a reform, did no more than state their general opinions of
the propriety of the measure, and recommend that a convention of all the
states should be held the year following.
The convention met at Philadelphia in May, 1787, of which General
Washington was elected president. He was not at that time connected
with any of the state governments, or with congress. He delivered up
his commission when the war ended, and since then had lived a private
citizen.
The convention went deeply into all the subjects; and having, after a
variety of debate and investigation, agreed among themselves upon the
several parts of a federal constitution, the next question was, the
manner of giving it authority and practice.
For this purpose they did not, like a cabal of cou
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