It may not appear improper to remind the reader that the United States of America consist of thirteen separate states, each of which established a government for itself, after the declaration of independence, done the 4th of July, 1776.Each state acted independently of the rest, in forming its governments; but the same general principle pervades the whole.When the several state governments were formed, they proceeded to form the federal government, that acts over the whole in all matters which concern the interest of the whole, or which relate to the intercourse of the several states with each other, or with foreign nations.I will begin with giving an instance from one of the state governments (that of Pennsylvania) and then proceed to the federal government.
The state of Pennsylvania, though nearly of the same extent of territory as England, was then divided into only twelve counties.
Each of those counties had elected a committee at the commencement of the dispute with the English government; and as the city of Philadelphia, which also had its committee, was the most central for intelligence, it became the center of communication to the several country committees.When it became necessary to proceed to the formation of a government, the committee of Philadelphia proposed a conference of all the committees, to be held in that city, and which met the latter end of July, 1776.
Though these committees had been duly elected by the people, they were not elected expressly for the purpose, nor invested with the authority of forming a constitution; and as they could not, consistently with the American idea of rights, assume such a power, they could only confer upon the matter, and put it into a train of operation.The conferees, therefore, did no more than state the case, and recommend to the several counties to elect six representatives for each county, to meet in convention at Philadelphia, with powers to form a constitution, and propose it for public consideration.
This convention, of which Benjamin Franklin was president, having met and deliberated, and agreed upon a constitution, they next ordered it to be published, not as a thing established, but for the consideration of the whole people, their approbation or rejection, and then adjourned to a stated time.When the time of adjournment was expired, the convention re-assembled; and as the general opinion of the people in approbation of it was then known, the constitution was signed, sealed, and proclaimed on the authority of the people and the original instrument deposited as a public record.The convention then appointed a day for the general election of the representatives who were to compose the government, and the time it should commence; and having done this they dissolved, and returned to their several homes and occupations.
In this constitution were laid down, first, a declaration of rights;then followed the form which the government should have, and the powers it should possess- the authority of the courts of judicature, and of juries- the manner in which elections should be conducted, and the proportion of representatives to the number of electors-the time which each succeeding assembly should continue, which was one year- the mode of levying, and of accounting for the expenditure, of public money- of appointing public officers, etc., etc., etc.
No article of this constitution could be altered or infringed at the discretion of the government that was to ensue.It was to that government a law.But as it would have been unwise to preclude the benefit of experience, and in order also to prevent the accumulation of errors, if any should be 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.
