hose exercised by the convention, answer these
questions. Let them declare, whether it was of most importance to the
happiness of the people of America, that the articles of Confederation
should be disregarded, and an adequate government be provided, and the
Union preserved; or that an adequate government should be omitted, and
the articles of Confederation preserved. Let them declare, whether the
preservation of these articles was the end, for securing which a reform
of the government was to be introduced as the means; or whether the
establishment of a government, adequate to the national happiness, was
the end at which these articles themselves originally aimed, and to
which they ought, as insufficient means, to have been sacrificed.
But is it necessary to suppose that these expressions are absolutely
irreconcilable to each other; that no ALTERATIONS or PROVISIONS in the
articles of the confederation could possibly mould them into a national
and adequate government; into such a government as has been proposed by
the convention?
No stress, it is presumed, will, in this case, be laid on the TITLE;
a change of that could never be deemed an exercise of ungranted power.
ALTERATIONS in the body of the instrument are expressly authorized. NEW
PROVISIONS therein are also expressly authorized. Here then is a power
to change the title; to insert new articles; to alter old ones. Must it
of necessity be admitted that this power is infringed, so long as a part
of the old articles remain? Those who maintain the affirmative ought at
least to mark the boundary between authorized and usurped innovations;
between that degree of change which lies within the compass of
ALTERATIONS AND FURTHER PROVISIONS, and that which amounts to a
TRANSMUTATION of the government. Will it be said that the alterations
ought not to have touched the substance of the Confederation? The States
would never have appointed a convention with so much solemnity, nor
described its objects with so much latitude, if some SUBSTANTIAL reform
had not been in contemplation. Will it be said that the FUNDAMENTAL
PRINCIPLES of the Confederation were not within the purview of the
convention, and ought not to have been varied? I ask, What are
these principles? Do they require that, in the establishment of the
Constitution, the States should be regarded as distinct and independent
sovereigns? They are so regarded by the Constitution proposed. Do
they require that the members
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