History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
[142] Journals, IV. 269, 270. This wise and well-considered document
contained many other very important suggestions; among which was that of
an oath, test, or declaration to be taken by the delegates in Congress,
previous to their admission to their seats. "It is indeed to be
presumed," said the memorial, "that the respective States will be
careful that the delegates they send to assist in managing the general
interests of the Union, take the oaths to the government from which they
derive their authority: but as the United States, collectively
considered, have interests as well as each particular State, we are of
opinion, that some test or obligation, binding upon each delegate while
he continues in the trust, to consult and pursue the former as well as
the latter, and particularly to assent to no vote or proceeding which
may violate the general confederation is necessary. The laws and usages
of all civilized nations evince the propriety of an oath on such
occasions, and the more solemn and important the deposit, the more
strong and explicit ought the obligation to be."
[143] Three States only voted in favor of adopting any of the
suggestions made by New Jersey: six voted against them, and one was
divided. Journals, IV. 272.
[144] Secret Journals, I. 433.
[145] Secret Journals, I. 440.
[146] Ibid. 442.
[147] Secret Journals, I. 421.
[148] Ibid. 424.
[149] Secret Journals, I. 445.
[150] After the Confederation had thus been formed, by subsequent
cessions of their claims by the other States, to use the language of Mr.
Justice Story, "this great source of national dissension was at last
dried up."
[151] One of the great inducements to the adoption of the Constitution
of the United States was to give the general government adequate
constitutional power to dispose of the Western territory and to form new
States out of it. Congress, under the Confederation, had no express
authority to do this, although they proceeded both to dispose of the
lands and to erect new States, by the Ordinance of 1787. See The
Federalist, No. 38, 42, 43. Story's Commentaries on the Constitution,
III. 184-190, 1st edition.
CHAPTER VI.
NATURE AND POWERS OF THE CONFEDERATION.
The nature of the government established by the Articles of
Confederation can be understood only by an analysis of their provisions.
For this purpose, the instrument must here be examined with reference to
three principal topics: first, the union which it established between
the different members of the Confederacy; second, the form of the
government which it created; and third, the powers which it conferred,
or omitted to confer, upon that government.
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