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
No federative government can be of great permanent value, which is not
so constructed that it may stand, in some measure, as the common
sovereign of its members, able to protect them against internal
disorders, as well as against external assaults. The Confederation
undertook but one of these great duties. It was formed at a time when
the war with England was the great object of concern to the revolted
Colonies, and when they felt only the exigencies which that war created.
Hence its most important powers, as well as its leading purpose,
concerned the common cause of resistance to a foreign domination. A
federal league of States independent of each other, formed principally
for mutual defence against a common enemy, was all that succeeded to the
general superintending power of the British crown, by which the internal
affairs of each of them had always been regulated and controlled, in the
last resort. When the tie was broken by which they had been held to the
parent state, each of them created for itself a new government, resting
for its basis on the popular will, and deriving its authority directly
from the people; but none of them provided for the creation of a power,
external to itself, which might stand as the guarantor and protector of
their new institutions, and secure the principles on which they rested
against violence and overthrow. Yet the constitutions thus formed, from
their peculiar nature, eminently needed the safeguards which such a
power could afford.
These constitutions were admirably constructed. They contained
principles imperfectly known to the ancient governments; found in modern
times only in the government of England; and applied there with far less
consistency and completeness. They embraced the regular distribution of
political power into distinct departments; legislative checks and
balances, by means of two coördinate branches of the legislature; a
judiciary in general holding office during good behavior; and the
representation of the people in the legislature, by deputies of their
own actual election, in which the theory of such representation was more
perfectly carried into practice than it had ever been in the country
from which it was derived. But the fundamental principle on which they
all rested, and without which they could not maintain existence,
required means of defence. They were established upon the great
doctrine, that it is the right of every political society to govern
itself, and for the purposes of such self-government, to create such
constitutions and ordain such fundamental laws as its own judgment and
its own intelligent choice may find best suited to its own interests.
But society can act only by an expression of the aggregate will of its
members; and as there may be members who dissent from the views and
determinations of the great mass of society, and it is therefore
necessary to decide with whom the power of compelling obedience
Public-domain text, read in full here on John Shaqi.
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