State convention

“ The people of this state, unassisted by Congress or their legislature, have not had time to investigate the subject, have referred to the newspapers for information, have been divided by contending writers, and under such circumstances have elected members for the state convention -and these members are to consider whether they will accept the plan of the federal convention, with all its imperfections, and bind the people by a system of government, of the nature and principles of which they have not at present a clearer idea than they have of the Copernican system. ”

“ I would not wish to exclude from a State Convention those gentlemen who compose the higher branches of the assemblies in the several states, but choose to see them stand on an even floor with their brethren, where the artifice of a small number cannot negative a vast majority of the people. ”

“ In the proceedings and debates of the General Convention which formed the Constitution and of the State conventions which adopted it nothing is found to countenance the idea that the one intended to propose or the others to concede such a grant of power to the General Government as the building up and maintaining of a system of internal improvements within the States necessarily implies. ”

“ The practice of the federal and state governments, in the adoption of their respective constitutions, exhibiting the wisdom of the past, will furnish us with a safe and reliable rule of action.
The federal constitution was first proposed by a convention of delegates from twelve states, assembled in Philadelphia, This constitution derived no authority from the first convention. It was submitted to the various states, fully discussed in all its features, and concurred in by the people of the states in convention assembled; and that concurrence armed it with power and invested it with dignity. ”

“ How is it possible, for a moment, to reconcile the notion, that each state is the supreme judge for itself of the construction of the constitution, with the very first resolution of the convention, which formed the constitution: "Resolved, &c. that a national government ought to be established, consisting of a supreme, legislative, judiciary, and executive?" ”

“ As the constitution stood when the convention assembled it was in the power of the legislature-of any legislature-at any time, under the pressure of any influence, to release the lien of the State on the roads, or to make any other compromise of the claim of the State. ”

“ Persons confessedly not constituting the body politic or all the inhabitants, but merely a party of the inhabitants, and without law, have undertaken to summon a convention for the purpose of transforming the Territory into a State, and have framed a constitution, adopted it, and under it elected a governor and other officers and a Representative to Congress. ”

“ But in the general government, its objects are enumerated, and are not confined, in their causes or operations, to a county, or even to a single state. No one power is of such a nature as to require the minute knowledge of situations and circumstances necessary in state governments possessed of general legislative authority. These were the reasons, sir, that, I believe, had influence on the Convention, to agree to the number of thirty thousand; and when the inconveniences and conveniences, on both sides, are compared, it would be difficult to say what would be a number more unexceptionable. ”

“ I pause, sir, that every gentleman present may have time to indulge those feelings which these excellent expressions must occasion. May that God who has the hearts of all men under his control, inspire every member of this Convention with a similar disposition! Then shall we lay aside every opposite interest, and unite, as a band of brothers, in the ratification of this Constitution of national government
Then, sir, will jour terms of conciliation be attended to with gratitude and candor. ”

“ Recognizing the importance of the interests at stake, another Federalist writer, “Civis,” in the Maryland Journal of February 1, 1788, appeals to the voters for delegates to the coming state convention to be circumspect in order to procure the ratification of the Constitution. ”

“ The state legislatures will not apply for alterations, but with a view to increase their own powers. The national legislature will be the first to perceive, and will be most sensible to, the necessity of amendments; and ought also to be empowered, whenever two thirds of each branch should concur, to call a convention. ”

“ President, which embarrassed the Federal Convention, are not represented to enhance the merit of surmounting them, but with a more important view, to show how unreasonable it is to expect that the plan of government should correspond with the wishes of all the States, of all the Citizens of any one State, or of all the citizens of the united continent. ”

“ That when any such state shall have acquired 20,000 free inhabitants, on giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a convention of [Pg 487] representatives to establish a permanent constitution and government for themselves. ”

“ It was further said, that, in a federal government over States equally free, sovereign, and independent, every State ought to have an equal share in making the federal laws or regulations, in deciding upon them, and in carrying them into execution; neither of which was the case in this system, but the reverse; the States not having an equal voice in the legislature, nor in the appointment of the executive, the judges, and the other officers of government. ”

“ For this reason that convention, which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. ”

“ The people of any State may at any time meet in Convention, without a law of their Legislature, and without any provision, or against any provision, in their Constitution, and may alter or abolish the whole frame of Government as they please. ”

“ To form a good system of government for a single city or state, however limited as to territory, or inconsiderable as to numbers, has been thought to require the strongest efforts of human genius. With what conscious diffidence, then, must the members of the Convention have revolved in their minds the immense undertaking which was before them. ”

“ Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States; and for disqualifying all such persons as are indebted to, or have unsettled accounts with, the United States, from being members of either branch of the national legislature. ”

“ Nothing more than to signify to the people of a territory, that if they shall think proper to meet in convention and form a State Constitution, in compliance with certain forms therein prescribed, to insure a fair expression of the people's will, Congress is prepared to admit them into the Union as a State. ”

“ And the Convention do, in the name and in behalf of the people of this commonwealth, enjoin it upon their representatives in Congress, at all times, until the alterations and provisions aforesaid have been considered, agreeably to the 5th article of the said Constitution, to exert all their influence, and use all reasonable and legal methods, to obtain a ratification of the said alterations and provisions, in such manner as is provided in the said article. ”

“ It is by many here suggested, as a very necessary step for Congress to take, the calling on the states to form a convention, for the sole purpose of revising the Confederation, so far as to enable Congress to execute, with more energy, effect, and vigor, the powers assigned to it, than it appears by experience that they can do under the present state of things. ”

“ The state governments make a bargain with one another; that is the doctrine that is endeavored to be established by gentlemen in opposition,—that state sovereignties wish to be represented! But far other were the ideas of the Convention, and far other are those conveyed in the system itself.
As this subject has been often mentioned, and as often misunderstood, it may not be improper to take some further notice of it. This, Mr. President, is not a government founded upon compact; it is founded upon the power of the people. ”

“ The constitutional convention provided for in the enabling act, having ascertained that it is the wish of the people to form a state, frames a constitution and submits it to the people of the proposed state for adoption. ”

“ I flatter myself that this Convention will imitate the conduct of the conventions of other states, in taking the best possible method of considering its merits, by debating it article by article. Can it be supposed that any gentlemen here are so obstinate and tenacious of their opinion, that they will not recede from it when they hear strong reasons offered? Has not every gentleman here, almost, received useful knowledge from a communication with others? Have not many of the members of this house, when members of Assembly, frequently changed their opinions on subjects of legislation? ”

“ We have the honour to transmit to your excellency a printed copy of the constitution formed by the federal convention, to be laid before the legislature of the state.
The general principles, which governed the convention in their deliberations on the subject, are stated in their address to congress. ”

“ To those who think that one national consolidated government would be best for America, this extensive judicial authority will be agreeable; but I hope there are many in this convention of a different opinion, and who see their political happiness resting on their state governments. ”

“ The people, through the General Assembly, made application to Congress for authority to establish a regular form of state government. The assent of Congress was not withheld, and a Convention was authorized to meet at Little Rock on the first day of January, 1836, for the purpose of forming and adopting a State Constitution. ”

“ But although the Constitution proposed for the United States is likely to obviate most of the inconveniences we labored under, yet several parts of it appear so exceptionable to us, that we are clearly of opinion considerable amendments are essentially necessary. In full confidence, however, of obtaining a revision of such exceptionable parts by general convention, and from a desire to harmonize with our fellow-citizens, we are induced to acquiesce in the organization of the said Constitution. ”

“ GOUVERNEUR MORRIS said his object was to impress in stronger terms the necessity of calling conventions, in order to prevent enemies to the plan from giving it the go-by. When it first appears, with the sanction of this Convention, the people will be favorable to it. By degrees the state officers, and those interested in the state governments, will intrigue, and turn the popular current against it. ”

“ You well know, sir, that when the Constitution was submitted to the People of the respective States for their adoption or rejection, it awakened the warmest debates of the several State conventions. ”

“ Nearly the whole domain of civil and religious liberty, education, suffrage, domestic relations, marriage, business transactions, property, professions, trades, contract relations, administration of the criminal law, and many other social and business relationships come within the sphere of the State Government. The fundamental law of each State is embodied in a written constitution drawn up by a constituent convention and ratified in most cases by the electorate at the polls. ”

“ He said that the Constitution had so long been the subject of the deliberation of every man in this country, and that the members of the Convention had had such ample opportunity to consider it, that he believed every one of them was prepared to give his vote then upon the question ”