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
To these tendencies, the recently established governments of New
England, where the spirit of liberty was most vigorous, could oppose no
efficient check; while, in any open outbreak, they were without any
external defender, on whose power they could lean. The Confederation
succeeded to the Revolutionary Congress, as we have more than once had
occasion to observe, with less power than its predecessor might have
exercised. It was formed by a written constitution, yet it was, strictly
speaking, scarcely a government. It was a close union of the States; but
it was a union from which all powers had been jealously withheld which
would have enabled it to interfere with vigor and success between an
insurgent minority of the people of a State and its lawful rulers. The
Revolutionary Congress was once possessed of such large, indefinite
powers, that, upon principles of public necessity, it might have
assumed, in a great emergency, to hold a direct relation to the internal
concerns of any Colony. It was, in fact, looked to, in some degree, for
direction in the formation of the State governments, after it had
broken the bonds of colonial allegiance to the English crown; and it
might very properly have undertaken to support the governments whose
establishment it had recommended. But such a relation between the early
States and the continental power, though it certainly existed in 1776,
was soon lost in the independent and jealous attitude which they began
to occupy, and the Union rapidly assumed a position, where the character
of sovereignty which it appeared to wear when it promulgated the
Declaration of Independence was scarcely to be discerned. At no period
in the history of the Confederation did it act upon the internal
concerns or condition of a State. Its written articles of union hardly
admitted of a construction which would have enabled it to do so, and
certainly contained no express delegation of such a power.
At the same time, some of the State governments, during the period of
which we are treating, were singularly exposed to the dangers of
anarchy. None of them had any standing forces of any consequence, three
years after the peace, and the New England States had no military forces
whatever but their militia. No State could call upon its neighbors for
aid in quelling an insurrection, for their militia would not have obeyed
the summons, if it had been issued; and no State could call upon the
federal government, in such an emergency, with any certainty of success
in the application.[255]
In such a state of things, the year 1786 witnessed an insurrection in
Massachusetts of a very dangerous character, which, from the fortunate
circumstance that her counsels were then guided by a man of singular
energy and firmness of character, she was just able to subdue. The
remote causes of this insurrection lie too far from the path of our main
subject to be more than summarily stated.
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