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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"

"
There can be no question here what was meant: it was "_the people of the
States_," designated by name, that were to "ordain, declare, and
establish" the compact of union for themselves and their posterity.
There is no ambiguity nor uncertainty in the language; nor was there any
difference in the Convention as to the use of it. The preamble, as
perfected, was submitted to vote on the next day, and, as the journal
informs us, "it passed _unanimously_ in the affirmative."
There was no subsequent change of opinion on the subject. The reason for
the modification afterward made in the language is obvious. It was found
that unanimous ratification of all the States could not be expected, and
it was determined, as we have already seen, that the consent of _nine_
States should suffice for the establishment of the new compact "between
the States so ratifying the same." _Any_ nine would be sufficient to put
the proposed government in operation as to them, thus leaving the
remainder of the thirteen to pursue such course as might be to each
preferable. When this conclusion was reached, it became manifestly
impracticable to designate beforehand the consenting States by name.
Hence, in the final revision, the specific enumeration of the thirteen
States was omitted, and the equivalent phrase "people of the United
States" inserted in its place--plainly meaning the people of such States
as should agree to unite on the terms proposed.


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