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[81]

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their sovereignty and independence—as to that amended system which was substituted for it by the Constitution that superseded those articles.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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