found, and to preserve an unison of government
with the circumstances of the state at all times, the constitution
provided that, at the expiration of every seven years, a convention
should be elected, for the express purpose of revising the constitution,
and making alterations, additions, or abolitions therein, if any such
should be found necessary.
Here we see a regular process--a government issuing out of a
constitution, formed by the people in their original character; and that
constitution serving, not only as an authority, but as a law of control
to the government. It was the political bible of the state. Scarcely a
family was without it. Every member of the government had a copy; and
nothing was more common, when any debate arose on the principle of a
bill, or on the extent of any species of authority, than for the members
to take the printed constitution out of their pocket, and read the
chapter with which such matter in debate was connected.
Having thus given an instance from one of the states, I will show the
proceedings by which the federal constitution of the United States arose
and was formed.
Congress, at its two first meetings, in September 1774, and May 1775,
was nothing more than a deputation from the legislatures of the several
provinces, afterwards states; and had no other authority than what arose
from common consent, and the necessity of its acting as a public body.
In everything which related to the internal affairs of America, congress
went no further than to issue recommendations to the several provincial
assemblies, who at discretion adopted them or not. Nothing on the
part of congress was compulsive; yet, in this situation, it was more
faithfully and affectionately obeyed than was any government in
Europe. This instance, like that of the national assembly in France,
sufficiently shows, that the strength of government does not consist in
any thing itself, but in the attachment of a nation, and the interest
which a people feel in supporting it. When this is lost, government is
but a child in power; and though, like the old government in France, it
may harass individuals for a while, it but facilitates its own fall.
After the declaration of independence, it became consistent with the
principle on which representative government is founded, that the
authority of congress should be defined and established. Whether that
authority should be more or less than congress then discretionarily
exerci
|