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.
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