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
Convinced, at length, that no temporary expedients would meet the wants
of the country, and that a radical reform of its constitution could
alone preserve the Union from dissolution, Hamilton surveyed the
Confederation in all its parts, and determined to lay before the country
its deep defects, with a view to the establishment of a government with
proper departments and adequate powers. In this examination, he applied
to the Confederation the approved maxims of free government, which had
been made familiar in the formation of the State constitutions, and
which point to the distinct separation of the legislative, executive,
and judicial functions. The Confederation vested all these powers in a
single body, and thus violated the principles on which the government of
nearly every State in the Union was founded. It had no federal
judicature, to take cognizance of matters of general concern, and
especially of those in which foreign nations and their subjects were
concerned; and thus national treaties, the national faith, and the
public tranquillity were exposed to the conflict of local regulations
against the powers vested in the Union. It gave to Congress the power of
ascertaining and appropriating the sums necessary for the public
expenses, but withheld all control over either the imposition or
collection of the taxes by which they were to be raised, and thus made
the inclinations, not the abilities, of the respective States, the
criterion of their contributions to the common expenses of the Union. It
authorized Congress to borrow money, or emit bills, on the credit of the
United States, without the power of providing funds to secure the
repayment of the money, or the redemption of the bills emitted.
It made no proper or competent provision for interior or exterior
defence; for interior defence, because it allowed the individual States
to appoint all regimental officers of the land forces, and to raise the
men in their own way, while at the same time an ambiguity rendered it
uncertain whether the defence of the country in time of peace was not
left to the particular States, both by sea and land;--for exterior
defence, because it authorized Congress to build and equip a navy,
without providing any compulsory means of manning it.
It failed to vest in the United States a general superintendence of
trade, equally necessary both with a view to revenue and regulation.
It required the assent of nine States in Congress to matters of
principal importance, and of seven to all others except adjournments
from day to day, and thus subjected the sense of a majority of the
people of the United States to that of a minority, by putting it in the
power of a small combination to defeat the most necessary measures.
Public-domain text, read in full here on John Shaqi.
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