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
interfere with the primary disposal of the soil by Congress, nor with
their regulations for securing the title to purchasers; that no tax
should be imposed on lands, the property of the United States; that
non-resident proprietors should not be taxed more than residents; and
that the navigable waters leading into the Mississippi and St. Lawrence,
and the carrying-places between them, should be common highways and for
ever free.
The fifth provided, that there should be formed in the territory not
less than three, nor more than five States, with certain boundaries; and
that whenever any of the States should contain sixty thousand free
inhabitants, such State should be (and might be before) admitted by its
delegates into Congress, on an equal footing with the original States in
all respects whatever, and should be at liberty to form a permanent
constitution and State government, provided it should be republican, and
in conformity with these articles of compact.
The sixth provided, that there should be neither slavery nor involuntary
servitude in the territory, otherwise than in the punishment of crimes;
but that fugitives owing service in other States might be reclaimed.
American legislation has never achieved any thing more admirable, as an
internal government, than this comprehensive scheme. Its provisions
concerning the distribution of property, the principles of civil and
religious liberty which it laid at the foundation of the communities
since established under its sway, and the efficient and simple
organization by which it created the first machinery of civil society,
are worthy of all the praise that has ever attended it. It was not a
plan devised in the closet, upon theoretical principles of abstract
fitness. It was a constitution of government drawn by men who
understood, from experience, the practical working of the principles
which they undertook to embody. Those principles were, it is true, to be
applied to a state of society not then formed; but they were taken from
states of society in which they had been tried with success. The equal
division of property; general, not universal suffrage, but a suffrage
guarded by some degree of interest in society; representative
government; the division of the three grand departments of political
power; freedom of religious opinion and worship; the _habeas corpus_,
trial by jury, and the course of the common law; the right to be bailed
for offences not capital, and the prohibition of immoderate fines and
cruel or unusual punishments; the great principle of compensation for
property or service demanded by the public, and the legislative
inviolability of contracts; the encouragement of schools and the means
of education,--were all taken from the ancient or recent constitutions
of States, from which the greater part of the inhabitants of the new
territory would necessarily come. A community founded on these
principles was predestined to prosperity and happiness.
Public-domain text, read in full here on John Shaqi.
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