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
It was fortunate, also, that Congress did nothing more than to recommend
the Convention, without undertaking to define its powers. The doubts
concerning its legality, which led many persons of great influence to
hesitate in sanctioning it, were thus removed, and the States were left
free to join in the movement, as an expedient to discover and remedy the
defects of the federal government, without fettering their delegates
with explicit instructions.[386] In this way the Convention, although
experimental and anomalous, derived its influence from the sources in
which it originated, and was enabled, though not without difficulty, to
meet the crisis in which the country was placed. That crisis was one of
a singular character; for the continued existence of the Union, and the
fate of republican governments, were both involved. It was felt and
admitted by the wisest men of that day, that if the Convention should
fail in devising and agreeing upon some system of government, at once
capable of pervading the country with an efficient control, and
essentially republican in its form, the Federal Union would be at an
end. But its dissolution, in the state in which the country then was,
must have been followed by an attempt to establish monarchical
government; because the State institutions were destitute of the
strength necessary to encounter the agitation which would have followed
the downfall of the federal power, and yet some substitute for that
power must have been found. But without civil war, and the most
frightful social convulsions, nothing in the nature of monarchy could
ever have been established in this country after the Revolution. "Those
who lean to a monarchical government," said Washington, "have either not
consulted the public mind, or they live in a region which (the levelling
principles in which they were bred being entirely eradicated) is much
more productive of monarchical ideas than is the case in the Southern
States, where, from the habitual distinctions which have always existed
among the people, one would have expected the first generation and the
most rapid growth of them. I am also clear, that, even admitting the
utility, nay, necessity, of the form, the period is not arrived for
adopting the change without shaking the peace of this country to its
foundation. That a thorough reform of the present system is
indispensable, no one, who has a capacity to judge, will deny; and with
hand and heart I hope the business will be essayed in a full convention.
After which, if more powers and more decision are not found in the
existing form, if it still wants energy and that secrecy and despatch
(either from the non-attendance or the local views of its members) which
are characteristic of good government, and if it shall be found (the
contrary of which, however, I have always been more afraid of than the
abuse of them) that Congress will, upon all proper occasions, exert the
powers which are given with a firm and steady hand, instead of
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