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 the approbation of those to whom it
is addressed. This reflection places the subject in a point of view
altogether different, and will enable us to judge with propriety of the
course taken by the convention.
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