History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 / With Notices of Its Principle Framers

by George Ticknor Curtis

"Shall I become more particular still? The tedious detail would disgust me. The years of languor are now over. We have felt the dishonor with which we have been covered; we have seen the destruction with which we have been threatened. We have penetrated to the causes of both, and when we have once discovered them, we have begun to search for the means of removing them. For the confirmation of these remarks, I need not appeal to an enumeration of facts. The proceedings of Congress, and of the several States, are replete with them. They all point out the weakness and insufficiency as the cause, and an efficient general government as the only cure, of our political distempers.

"Under these impressions, and with these views, was the late Convention appointed; and under these impressions, and with these views, the late Convention met.

"We now see the great end which they proposed to accomplish. It was to frame, for the consideration of their constituents, one federal and national constitution,—a constitution that would produce the advantages of good, and prevent the inconveniences of bad government;—a constitution whose beneficence and energy would pervade the whole Union, and bind and embrace the interests of every part;—a constitution that would insure peace, freedom, and happiness to the States and people of America.

"We are now naturally led to examine the means by which they proposed to accomplish this end. This opens more particularly to our view the discussion before us. But, previously to our entering upon it, it will not be improper to state some general and leading principles of government, which will receive particular application in the course of our investigations.

"There necessarily exists, in every government, a power from which there is no appeal, and which, for that reason, may be termed supreme, absolute, and uncontrollable. Where does this power reside? To this question writers on different governments will give different answers. Sir William Blackstone will tell you, that in Britain the power is lodged in the British Parliament; that the Parliament may alter the form of the government; and that its power is absolute, without control. The idea of a constitution, limiting and superintending the operations of legislative authority, seems not to have been accurately understood in Britain. There are, at least, no traces of practice conformable to such a principle. The British Constitution is just what the British Parliament pleases. When the Parliament transferred legislative authority to Henry VIII., the act transferring could not, in the strict acceptation of the term, be called unconstitutional.

"To control the power and conduct of the legislature by an overruling constitution, was an improvement in the science and practice of government reserved to the American States.

"Perhaps some politician, who has not considered with sufficient accuracy our political systems, would answer that, in our governments, the supreme power was vested in the constitutions. This opinion approaches a step nearer to the truth, but does not reach it. The truth is, that, in our governments, the supreme, absolute, and uncontrollable power remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. Indeed, the superiority, in this last instance, is much greater; for the people possess over our constitutions control in act, as well as right.

"The consequence is, that the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them.

"These important truths, Sir, are far from being merely speculative. We, at this moment, speak and deliberate under their immediate and benign influence. To the operation of these truths we are to ascribe the scene, hitherto unparalleled, which America now exhibits to the world,—a gentle, a peaceful, a voluntary, and a deliberate transition from one constitution of government to another. In other parts of the world, the idea of revolutions in government is, by a mournful and an indissoluble association, connected with the idea of wars, and all the calamities attendant on wars. But happy experience teaches us to view such revolutions in a very different light,—to consider them only as progressive steps in improving the knowledge of government, and increasing the happiness of society and mankind.

"Oft have I marked, with silent pleasure and admiration, the force and prevalence, through the United States, of the principle that the supreme power resides in the people, and that they never part with it. It may be called the panacea in politics. There can be no disorder in the community but may here receive a radical cure. If the error be in the legislature, it may be corrected by the constitution; if in the constitution, it may be corrected by the people. There is a remedy, therefore, for every distemper in government, if the people are not wanting to themselves; if they are wanting to themselves, there is no remedy. From their power, as we have seen, there is no appeal; of their error, there is no superior principle of correction.