principles of the Constitution proposed
by the convention may be considered less as absolutely new, than as
the expansion of principles which are found in the articles of
Confederation. The misfortune under the latter system has been, that
these principles are so feeble and confined as to justify all the
charges of inefficiency which have been urged against it, and to require
a degree of enlargement which gives to the new system the aspect of an
entire transformation of the old.

In one particular it is admitted that the convention have departed from
the tenor of their commission. Instead of reporting a plan requiring the
confirmation OF THE LEGISLATURES OF ALL THE STATES, they have reported
a plan which is to be confirmed by the PEOPLE, and may be carried into
effect by NINE STATES ONLY. It is worthy of remark that this objection,
though the most plausible, has been the least urged in the publications
which have swarmed against the convention. The forbearance can only have
proceeded from an irresistible conviction of the absurdity of subjecting
the fate of twelve States to the perverseness or corruption of a
thirteenth; from the example of inflexible opposition given by a
MAJORITY of one sixtieth of the people of America to a measure approved
and called for by the voice of twelve States, comprising fifty-nine
sixtieths of the people an example still fresh in the memory and
indignation of every citizen who has felt for the wounded honor and
prosperity of his country. As this objection, therefore, has been in a
manner waived by those who have criticised the powers of the convention,
I dismiss it without further observation.

The THIRD point to be inquired into is, how far considerations of duty
arising out of the case itself could have supplied any defect of regular
authority.

In the preceding inquiries the powers of the convention have been
analyzed and tried with the same rigor, and by the same rules, as
if they had been real and final powers for the establishment of a
Constitution for the United States. We have seen in what manner they
have borne the trial even on that supposition. It is time now to
recollect that the powers were merely advisory and recommendatory; that
they were so meant by the States, and so understood by the convention;
and that the latter have accordingly planned and proposed a Constitution
which is to be of no more consequence than the paper on which it is
written, unless it be stamped with t