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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"


2. The object for which they were appointed was not to organize a _new_
Government, but "solely and expressly" to amend the "Federal
Constitution" already existing; in other words, "to revise the Articles
of Confederation," and to suggest such "alterations" or additional
"provisions" as should be deemed necessary to render them "adequate to
the exigencies of the Union."
3. It is evident that the term "Federal Constitution," or its
equivalent, "Constitution of the Federal Government," was as freely and
familiarly applied to the system of government established by the
Articles of Confederation--undeniably a league or compact between States
expressly retaining their sovereignty and independence--as to that
amended system which was substituted for it by the Constitution that
superseded those articles.
4. The functions of the delegates to the Convention were, of course,
only to devise, deliberate, and discuss. No validity could attach to any
action taken, unless and until it should be afterward ratified by the
several States. It is evident, also, that what was contemplated was the
process provided in the Articles of Confederation for their own
amendment--first, a recommendation by the Congress; and, afterward,
ratification "by the Legislatures of every State," before the amendment
should be obligatory upon any. The departure from this condition, which
actually occurred, will presently be noticed.


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