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
But neither the circumstances under which they were assembled, nor the
dispositions of the members, permitted an adoption of the theory that
all government was at an end, or that the boundaries of the colonies
were effaced. The Congress had not assembled as the representatives of a
people in a state of nature, but as the committees of different
colonies, which had not yet severed themselves from the parent state.
They had been clothed with no legislative or coercive authority, even of
a revolutionary nature; compliance with their resolves would follow only
on conviction of the utility of their measures; and all their resolves
and all their measures were, by the express terms of many of their
credentials, limited to the restoration of union and harmony with Great
Britain, which would of course leave the colonies in their colonial
state. The people of the continent, therefore, as a people in the state
of nature, or even in a national existence as one people standing in a
revolutionary attitude, had not then come into being.
The nature of the questions, too, which they were to discuss, and of the
measures which they were to adopt, were to be considered in determining
by what method of voting those questions and measures should be decided.
The Congress had been called to secure the _rights_ of the colonies.
What were those rights? By what standard were they to be ascertained? By
the law of nature, or by the principles of the English Constitution, or
by the charters and fundamental laws of the colonies, regarded as
compacts between the crown and the people, or by all of these combined?
If the law of nature alone was to determine their rights, then all
allegiance to the British crown was to be regarded as at an end. If the
principles of the English Constitution, or the charters, were to be the
standard, the law of nature must be excluded from consideration. This
exclusion would of necessity narrow the ground, and deprive them of a
resource to which Parliament might at last compel them to look.[12] In
order, therefore, to leave the whole field open for consideration, and
at the same time to avoid committing themselves to principles
irreconcilable with the preservation of allegiance and their colonial
relation to Great Britain, it was necessary to consider themselves as an
assembly of committees from the different colonies, in which each colony
should have one voice, through the delegates whom it had sent to
represent and act for it. But, as if foreseeing the time when population
would become of necessity the basis of congressional power, when the
authority of Parliament should have given place to a system of American
continental legislation, they inserted, in the resolve determining that
each colony should have one vote, a caution that would prevent its being
drawn into precedent. They declared, as the reason for the course which
they adopted, that the Congress were not possessed of, or able to
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account