amendment or amendments shall be submitted to the people by the legislature oftener than once in five years.1 276. Action of congress. 877. Annapolis convention. (2 g a) OF THE FRAMING OF THE CONSTITUTION OF THE UNITED STATES; AND HEREIN, FIRST (1 h) OF THE GENERAL CONVENTION OF 1787. On the 3rd of February, 1781, the delegates of the several states in congress assembled under the articles of confederation, passed a resolution recommending to the states that they vest a power in congress, to levy a duty of five per cent. ad valorem, upon certain articles named, to pay the debts of the United States." The states, however, refused to acquiesce in this measure. Thence followed a series of resolutions in congress, pointing to the necessity of amending or revising the articles of union, and of granting to congress additional powers. But these were also destined to fail of their object. It was considered that any proposition for perfecting those articles. should originate in the state legislatures. In January, 1786, a resolution was passed by the legislature of Virginia to appoint commissioners, who, or any five of whom, were to meet such other commissioners as might be appointed by the other states, to take into consideration the trade of the United States, and to consider how far a uniform system in their commercial regulations might be necessary, etc.5 In response to this movement of Virginia, New York, New Jersey, Pennsylvania, and Delaware, severally appointed their commissioners. These commissioners convened at Annapolis, Maryland, on the 1 Const. N. J. Art. Ix; N. Y. Art. XIII; 2 See Elliot's Debates, Vol. 1, p. 92. Mass. Amend. Art. 9; Penna. " Id. p. 115. 11th of September, 1786. They did nothing of importance, however, but make a report to the state legislatures, recommending the calling of a general convention of all the states to meet at Philadelphia, on the second Monday of May, 1787, 'to take into consideration the situation of the United States; to devise such further provisions as shall appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the Legislature of every State, will effectually provide for the same." They say they are the more naturally led to this conclusion, as in the course of their reflections on the subject, they have been induced to think that the power of regulating trade is of such comprehensive extent, and will enter so far into the general system of the Federal Government, that, to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the Federal System.' Upon considering the report of these commissioners, the 78. Furthen federal congress, on the 21st of February, 1787, re- ther action of solved as follows: 'Whereas, there is provision in the congress. Articles of Confederation and perpetual union, for making alterations therein, by the assent of a congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present confederation; as a mean to remedy which, several of the States, and particularly the State of New York, by express instructions to their delegates in congress, have suggested a convention for the purposes expressed in the following resolution; and such convention appearing to be the most probable mean of establishing in these States a firm national government: Resolved, That in the opinion of congress, it is expedient that, on the second Monday of May next, a Convention of Delegates, 1Elliot's Debates, Vol. 1, p. 118. 879. Re states. 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." From the several responses of the states, it appears that sponses of the each state, with the exception of Rhode Island, appointed and commissioned delegates to represent it in the proposed convention. The commissions of the delegates were similar to the following: 'By his Excellency, James Bowdoin, Esq., Governor of the Commonwealth of Massachusetts. 'To the Hon. Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong, Esqrs., greeting: 'Whereas, Congress did, on the 21st day of February, A. D. 1787, Resolve, "That, in the opinion of Congress, it is expedient that, on the second Monday of 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:" 'And whereas, the General Court have constituted and appointed you their Delegates, to attend and represent this Commonwealth in the said proposed Convention, and have, by a resolution of theirs of the 10th of March last, requested me to commission you for that purpose: 'Now, therefore, know ye, that, in pursuance of the resolutions aforesaid, I do, by these presents, commission you, the said Francis Dana, Elbridge Gerry, Nathaniel 1Elliot's Debates, Vol. 1, pp. 119, 120. 2 Id. 126-128. Gorham, Rufus King, and Caleb Strong, Esqrs., or any three of you, to meet such Delegates as may be appointed by the other, or any of the other States in the Union, to meet in Convention at Philadelphia, at the time and for the purposes aforesaid. "In testimony whereof, I have caused the public Seal of the Commonwealth aforesaid to be hereunto affixed. 'Given at the Council Chamber, in Boston, the ninth day of April, A.D. 1787, and in the eleventh year of the Independence of the United States of America.' 80. The From the reported proceedings of this general convention, it also appears, that the political parties of that day, parties in the the Nationals, and the Federals with whom were also the convention. State-Rights men, were there represented: the former favoring a consolidation of the powers of the governments of the states into one great national government; the latter, on the contrary, insisting upon a strict adherence to the fundamental principles of the original confederation. The two extreme parties, however, were induced to make mutual concessions: the more liberal of the State-Rights men conceding, that to remedy the principal defects of the articles of confederation, the federal government should act directly on the citizens of the states, individually, and be no longer compelled to resort to requisitions on the governments of the states, in order to execute its measures; and that, to remedy other imperfections, the people of the states should be represented in the federal legislature; the Nationals, in turn, abandoning their scheme of framing a government strictly national, for the people of the states as a single political body, and conceding that the states, as sovereign bodies, should be the foundation of the union, and be 'severally and equally represented in the govern ment. 81. The The convention remained in session for many months, discussing the plan to be adopted, in framing the new con- plan adopted. stitution, and the nature, extent, and distribution of the 1 See post 151 et seq. powers to be delegated to the general government; and finally, on the 17th day of September, 1787, agreed to submit, to be adopted or rejected by the people of each state, the following: CONSTITUTION OF THE UNITED STATES. PREAMBLE. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, 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. ARTICLE I. Of the Legislature. SECTION I. 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION II. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of |