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
[254] Gibbon, with that graceful satire which knew how to hit two
objects with the same stroke of his pen, describes hereditary monarchy
as "an expedient which deprives the multitude of the dangerous, and
indeed the ideal, power of giving themselves a master." The historian of
the Decline and Fall began to publish his great work, just as the
American Revolution burst upon the world. Since that sentence was
penned, the experiment of a system, by which the multitude give to
themselves a master, in the constitutional organs of their own will, has
had a fair trial. We may not say that its trial is past, or that the
system is established beyond the possibility of further dangers. But we
may with a just pride point to its escape, in the days of its first
establishment and greatest danger, and to the securities which the
Constitution of the United States now affords, against similar perils,
when they threaten the constitutions of the States.
[255] A power to interfere in the internal concerns of a State would
only have been exercised by a broad construction of the third of the
Articles of Confederation, which was in these words: "The said States
hereby severally enter into a firm league of friendship with each other,
for their common defence, the security of their liberties, and their
mutual and general welfare; binding 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 any other pretence
whatever." When this is compared with the clear and explicit provision
in the Constitution, by which it is declared that "the United States
shall guarantee to every State in this Union a republican form of
government," there can be no wonder that a doubt was felt in the
Congress of 1786-87 as to their powers upon this subject. It is true
that the Massachusetts delegation, when they laid before Congress the
measures which had been taken by the State government to suppress the
insurrection, expressed the confidence of the legislature that the
firmest support and most effectual aid would have been afforded by the
United States, had it been necessary, and asserted that such support and
aid were expressly and solemnly stipulated by the Articles of
Confederation. (Journals, XII. 20. March 9, 1787.) But this was clearly
not the case; and it was not generally supposed in Congress that the
power existed by implication. All that was done by Congress towards
raising troops, at the time of the insurrection, was done for the
_ostensible_ purpose of protecting the frontiers against an Indian
invasion, as we shall see hereafter.
[256] Minot's History of the Insurrection, p. 6.
[257] Ibid.
[258] See the next chapter for some particulars respecting the trade of
Massachusetts.
[259] Minot's History of the Insurrection, p. 82 et seq.
[260] Governor Bowdoin's Speech to the Legislature, February 3, 1787.
[261] Minot.
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