CHAPTER V.

The Preamble to the Constitution.--"We, the People."

The preamble to the Constitution proposed by the Convention of 1787 is

in these words:

"We, the people of the United States, in order to form a more

perfect union, establish justice, insure domestic tranquillity,

provide for the common defense, promote the general welfare, and

secure the blessings of liberty to ourselves and our posterity,

do ordain and establish this Constitution for the United States

of America."

The phraseology of this preamble has been generally regarded as the

stronghold of the advocates of consolidation. It has been interpreted as

meaning that "we, the people of the United States," as a collective

body, or as a "nation," in our aggregate capacity, had "ordained and

established" the Constitution _over_ the States.

This interpretation constituted, in the beginning, the most serious

difficulty in the way of the ratification of the Constitution. It was

probably this to which that sturdy patriot, Samuel Adams, of

Massachusetts, alluded, when he wrote to Richard Henry Lee, "I stumble

at the threshold." Patrick Henry, in the Virginia Convention, on the

third day of the session, and in the very opening of the debate,

attacked it vehemently. He said, speaking of the system of government

set forth in the proposed Constitution:

"That this is a consolidated government is demonstrably clear;

and the danger of such a government is, to my mind, very

striking. I have the highest veneration for those gentlemen [its

authors]; but, sir, give me leave to demand, What right had they

to say, _We, the people_? My political curiosity, exclusive of

my anxious solicitude for the public welfare, leads me to ask,

Who authorized them to speak the language of '_We, the people_,'

instead of _We, the States_? States are the characteristics and

the soul of a confederation. If the States be not the agents of

this compact, it must be one great consolidated national

government of the people of all the States."[38]

Again, on the next day, with reference to the same subject, he said:

"When I asked that question, I thought the meaning of my interrogation

was obvious. The fate of this question and of America may depend on

this. Have they said, We, the States? Have they made a proposal of a

compact between States? If they had, this would be a confederation: it

is otherwise most clearly a consolidated government. The question turns,

sir, on that poor little thing--the expression, 'We, the people,'

instead of the States of America."[39]

The same difficulty arose in other minds and in other conventions.

The scruples of Mr. Adams were removed by the explanations of others,

and by the assurance of the adoption of the amendments thought

necessary--especially of that declaratory safeguard afterward embodied

in the tenth amendment--to be referred to hereafter.

Mr. Henry's objection was thus answered by Mr. Madison:

"Who are parties to it [the Constitution]? The people--but _not

the people as composing one great body_; but the people as

composing _thirteen sovereignties_: were it, as the gentleman

[Mr. Henry] asserts, a consolidated government, the assent of a

majority of the people would be sufficient for its

establishment, and as a majority have adopted it already, the

remaining States would be bound by the act of the majority, even

if they unanimously reprobated it: were it such a government as

is suggested, it would be now binding on the people of this

State, without having had the privilege of deliberating upon it;

but, sir, no State is bound by it, as it is, without its own

consent. Should all the States adopt it, it will be then a

government established by the thirteen States of America, not

through the intervention of the Legislatures, but by the people

at large. In this particular respect the distinction between the

existing and proposed governments is very material. The existing

system has been derived from the dependent, derivative authority

of the Legislatures of the States, whereas this is derived from

the superior power of the people."[40]

It must be remembered that this was spoken by one of the leading members

of the Convention which formed the Constitution, within a few months

after that instrument was drawn up. Mr. Madison's hearers could readily

appreciate his clear answer to the objection made. The "people" intended

were those of the respective States--the only organized communities of

people exercising sovereign powers of government; and the idea intended

was the ratification and "establishment" of the Constitution by direct

act of the people in their conventions, instead of by act of their

Legislatures, as in the adoption of the Articles of Confederation. The

explanation seems to have been as satisfactory as it was simple and

intelligible. Mr. Henry, although he fought to the last against the

ratification of the Constitution, did not again bring forward this

objection, for the reason, no doubt, that it had been fully answered.

Indeed, we hear no more of the interpretation which suggested it, from

that period, for nearly half a century, when it was revived, and has

since been employed, to sustain that theory of a "great consolidated

national government" which Mr. Madison so distinctly repudiated.

But _we_ have access to sources of information, not then available,

which make the intent and meaning of the Constitution still plainer.

When Mr. Henry made his objection, and Mr. Madison answered it, the

journal of the Philadelphia Convention had not been published. That body

had sat with closed doors, and among its rules had been the following:

"That no copy be taken of any entry on the journal during the

sitting of the House, without the leave of the House.

"That members only be permitted to inspect the journal.

"That nothing spoken in the House be printed, or otherwise

published or communicated, without leave."[41]

We can understand, by reference to these rules, how Mr. Madison should

have felt precluded from making allusion to anything that had occurred

during the proceedings of the Convention. But the secrecy then covering

those proceedings has long since been removed. The manuscript journal,

which was intrusted to the keeping of General Washington, President of

the Convention, was deposited by him, nine years afterward, among the

archives of the State Department. It has since been published, and we

can trace for ourselves the origin, and ascertain the exact

significance, of that expression, "We, the people," on which Patrick

Henry thought the fate of America might depend, and which has been so

grossly perverted in later years from its true intent.

The original language of the preamble, reported to the Convention by a

committee of five appointed to prepare the Constitution, as we find it

in the proceedings of August 6, 1787, was as follows:

"We, the people of the States of New Hampshire, Massachusetts,

Rhode Island and Providence Plantations, Connecticut, New York,

New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North

Carolina, South Carolina, and Georgia, do ordain, declare, and

establish, the following Constitution for the government of

ourselves and our posterity."

There can be no question here what was meant: it was "_the people of the

States_," designated by name, that were to "ordain, declare, and

establish" the compact of union for themselves and their posterity.

There is no ambiguity nor uncertainty in the language; nor was there any

difference in the Convention as to the use of it. The preamble, as

perfected, was submitted to vote on the next day, and, as the journal

informs us, "it passed _unanimously_ in the affirmative."

There was no subsequent change of opinion on the subject. The reason for

the modification afterward made in the language is obvious. It was found

that unanimous ratification of all the States could not be expected, and

it was determined, as we have already seen, that the consent of _nine_

States should suffice for the establishment of the new compact "between

the States so ratifying the same." _Any_ nine would be sufficient to put

the proposed government in operation as to them, thus leaving the

remainder of the thirteen to pursue such course as might be to each

preferable. When this conclusion was reached, it became manifestly

impracticable to designate beforehand the consenting States by name.

Hence, in the final revision, the specific enumeration of the thirteen

States was omitted, and the equivalent phrase "people of the United

States" inserted in its place--plainly meaning the people of such States

as should agree to unite on the terms proposed. The imposing fabric of

political delusion, which has been erected on the basis of this simple

transaction, disappears before the light of historical record.

Could the authors of the Constitution have foreseen the perversion to be

made of their obvious meaning, it might have been prevented by an easy

periphrasis--such as, "We, the people of the States hereby united," or

something to the same effect. The word "people" in 1787, as in 1880,

was, as it is, a collective noun, employed indiscriminately, either as a

unit in such expressions as "this people," "a free people," etc., or in

a distributive sense, as applied to the citizens or inhabitants of one

state or country or a number of states or countries. When the Convention

of the colony of Virginia, in 1774, instructed their delegates to the

Congress that was to meet in Philadelphia, "to obtain a redress of those

grievances, without which _the people of America_ can neither be safe,

free, nor happy," it was certainly not intended to convey the idea that

the people of the American Continent, or even of the British colonies in

America, constituted one political community. Nor did Edmund Burke have

any such meaning when he said, in his celebrated speech in Parliament,

in 1775, "The people of the colonies are descendants of Englishmen."

We need go no further than to the familiar language of King James's

translation of the Bible for multiplied illustrations of this

indiscriminate use of the term, both in its collective and distributive

senses. For example, King Solomon prays at the dedication of the temple:

"That thine eyes may be open unto the supplication ... of _thy

people_ Israel, to hearken unto them in all that they call for

unto thee. For thou didst separate them from among _all the

people_ of the earth, to be thine inheritance." (1 Kings viii,

52, 53.)

Here we have both the singular and plural senses of the same word--_one

people_, Israel, and _all the people of the earth_--in two consecutive

sentences. In "the people of the earth," the word _people_ is used

precisely as it is in the expression "the people of the United States"

in the preamble to the Constitution, and has exactly the same force and

effect. If in the latter case it implies that the people of

Massachusetts and those of Virginia were mere fractional parts of one

political community, it must in the former imply a like unity among the

Philistines, the Egyptians, the Assyrians, Babylonians, and Persians,

and all other "people of the earth," except the Israelites. Scores of

examples of the same sort might be cited if it were necessary.[42]

In the Declaration of Independence we find precisely analogous instances

of the employment of the singular form for both singular and plural

senses--"one people," "a free people," in the former, and "the good

people of these colonies" in the latter. Judge Story, in the excess of

his zeal in behalf of a theory of consolidation, bases upon this last

expression the conclusion that the assertion of independence was the act

of "_the whole people_ of the united colonies" as a unit; overlooking or

suppressing the fact that, in the very same sentence, the colonies

declare themselves "free and independent _States_"--not a free and

independent _state_--repeating the words "independent States" three

times.

If, however, the Declaration of Independence constituted one "_whole

people_" of the colonies, then that geographical section of it, formerly

known as the colony of Maryland, was in a state of revolt or "rebellion"

against the others, as well as against Great Britain, from 1778 to 1781,

during which period Maryland refused to ratify or be bound by the

Articles of Confederation, which, according to this theory, was binding

upon her, as a majority of the "whole people" had adopted it. _A

fortiori_, North Carolina and Rhode Island were in a state of rebellion

in 1789-'90, while they declined to ratify and recognize the

Constitution adopted by the other eleven fractions of this united

people. Yet no hint of any such pretension--of any claim of authority

over them by the majority--of any assertion of "the supremacy of the

Union"--is to be found in any of the records of that period.

It might have been unnecessary to bestow so much time and attention in

exposing the absurdity of the deductions from a theory so false, but for

the fact that it has been specious enough to secure the countenance of

men of such distinction as Webster, Story, and Everett; and that it has

been made the plea to justify a bloody war against that principle of

State sovereignty and independence, which was regarded by the fathers of

the Union as the corner-stone of the structure and the basis of the hope

for its perpetuity.

[Footnote 38: Elliott's "Debates" (Washington edition, 1836), vol. iii,

p. 54.]

[Footnote 39: Ibid., p. 72.]

[Footnote 40: Elliott's "Debates" (Washington edition, 1836), vol. iii,

pp. 114, 115.]

[Footnote 41: Journal of the Federal Convention, May 29, 1787, 1

Elliott's "Debates."]

[Footnote 42: For a very striking illustration, see Deuteronomy vii, 6,

7.]

The Rise and Fall of the Confederate Government, Volume 1 · 第 5 / 25 章