Page:Nature and Character of our Federal Government.djvu/68

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54
TRUE NATURE AND CHARACTER OF

ever, soon discovered that the execution of the particular trust with which they were clothed, involved other subjects not within their commission, and which could not be properly adjusted without a great [ *55 ]*enlargement of their powers. They therefore simply reported this fact, and recommended to their respective legislatures to appoint delegates to meet in general convention in Philadelphia, for the purpose not merely of forming a uniform system of commercial regulations, but of reforming the government in any and every particular in which the interests of the States might require it. This report was also transmitted to congress, who approved of the recommendation it contained, and on the 21st of February, 1787, resolved, "that in the opinion of congress, it is expedient that, on the second Monday in May next, a convention of delegates who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to congress and the several legislatures, such alterations and provisions therein, as shall, when agreed to in congress, and confirmed by the States, render the federal constitution adequate to the exigencies of government, and the preservation of the union." (1 Elliott's Debates, 155.)

Such was the origin of the convention of 1787. It is apparent that the delegates to that body were to be "appointed by the several States," and not by "the people of the United States;" that they were to report their proceedings to "congress and the several legislatures," and not to "the people of the United States;" and that their proceedings were to be part of the constitution, only when "agreed to in congress and confirmed by the States," and not when confirmed by "the people of the United States." Accordingly, delegates were, in point of fact, appointed by the States; those delegates did, in point of fact, report to congress and the States; and congress did, in point of fact, approve, and the States did, in point of fact, adopt, ratify and confirm the constitution which they formed. No other agency than that of the States as such, and of congress, which was strictly the representative of the States, is to be discerned in any part of this whole proceeding. We may well ask, therefore, from what unknown source our author derives the idea,