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
I. The parties to this instrument were free, sovereign, and independent
political communities,--each possessing within itself all the powers of
legislation and government, over its own citizens, which any political
society can possess. But, by this instrument, these several States
became united together for certain purposes. The instrument was styled,
"Articles of Confederation and Perpetual Union between the States," and
the political body thus formed was entitled "The United States of
America." The Articles declared--as would, indeed, be implied, in such
circumstances, without any express declaration--that each State
retained its sovereignty, freedom, and independence, and every power,
jurisdiction, and right not expressly delegated by the instrument itself
to the United States in Congress assembled. The nature and objects of
this union were described as a firm league of friendship between the
States, for their common defence, the security of their liberties, and
their mutual and general welfare; and the parties bound themselves to
assist each other against all force offered to or attacks made upon
them, or any of them, on account of religion, sovereignty, trade, or
under any pretence whatever.
It was also provided, that the free inhabitants of each State should be
entitled to all the privileges of free citizens in the several
States;[152] that there should be an open intercourse and commerce
between the different States; that fugitives from justice from one State
to another should be delivered up; and that full faith and credit should
be given in each State to the records, acts, and judicial proceedings of
every other State.[153]
II. The government established by the Articles of Confederation
consisted of a single representative body, called a General Congress.
In this body were vested all the powers, executive, legislative, and
judicial, granted to the United States. The members of it were to be
chosen by the States, in such manner as the legislature of each State
might determine; no State to be represented by more than seven
delegates, or by less than two. No delegate was eligible for more than
three years in a period of six; and no delegate could hold any office of
emolument under the United States. Each State was to maintain its own
delegates, and in the determination of questions, the voting was to be
by States, each State having one vote.
III. It should be remembered, that the objects and purposes of the
Confederation related chiefly to the defence of the States against
external attacks; and it was, therefore, as it purported to be, a league
for mutual defence and protection, through the combined powers of the
whole, operating in certain forms and under certain restrictions. For
the manner in which this new authority was to be exercised, we are to
look at the powers conferred upon "the United States in Congress
assembled." These powers related to external and to internal affairs.
Public-domain text, read in full here on John Shaqi.
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