"
It is obvious, from an examination of the records, as has already been
shown, that the original idea in calling a Convention was, that their
recommendations should take the course prescribed by this
article--first, a report to the Congress, and then, if approved by that
body, a submission to the various Legislatures for final action. There
was no reason to apprehend the non-concurrence of Congress, in which a
mere majority would determine the question; but the consent of the
Legislatures of "_every State_" was requisite in order to final
ratification, and there was serious reason to fear that this consent
could not be obtained. Rhode Island, as we have seen, had declined to
send any representatives to the Convention; of the three delegates from
New York, two had withdrawn; and other indications of dissatisfaction
had appeared. In case of the failure of a single Legislature to ratify,
the labors of the Convention would go for naught, under a strict
adherence to the letter of the article above cited. The danger of a
total frustration of their efforts was imminent.
In this emergency the Convention took the responsibility of transcending
the limits of their instructions, and recommending a procedure which was
in direct contravention of the letter of the Articles of Confederation.
This was the introduction of a provision into the new Constitution, that
the ratification of _nine_ States should be sufficient for its
establishment among themselves.
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