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
The delegates to the first Congress were, as we have seen, sent with
instructions, which were substantially the same in all the colonies.
These instructions, in some instances, looked to "a redress of
grievances," and in others, to "the recovery and establishment of the
just rights and liberties of the colonies"; and the delegates were
directed "to deliberate upon wise and proper measures, to be by them
recommended to all the colonies," for the attainment of these objects.
But with this was coupled the declared object of a "restoration of union
and harmony" upon "constitutional principles." We have seen how far this
body proceeded towards a revolution. The second, or Revolutionary
Congress, was composed of delegates who were originally assembled under
similar instructions; but the conflict of arms that had already taken
place, between the times of their respective appointments and the date
of their meeting, had materially changed the posture of affairs. Powers
of a revolutionary nature had been cast upon them, by the force of
circumstances; and when they finally resolved to take the field, the
character of those powers, as understood and acted upon by themselves,
is illustrated by the commission which they issued to their
General-in-chief, which embraced in its scope the whole vast object of
"the defence of American liberty, and the repelling every hostile
invasion thereof," by force of arms, and "by the rules and discipline of
war, as herewith given."
It is obvious, therefore, that, at the time when the first continental
army was to be formed, the powers of the national government were very
broad, although vague and uncertain. There seems to have been no reason,
upon principle, why they should not have adopted decrees, to be executed
by their own immediate agents, and by their own direct force. But a
practical difficulty embarrassed and almost annulled this theoretical
and rightful power. The government of the Congress rested on no
definite, legislative faculty. When they came to a resolution, or vote,
it constituted only a voluntary compact, to which the people of each
colony pledged themselves, by their delegates, as to a treaty, but which
depended for its observance entirely on the patriotism and good faith of
the colony itself. No means existed of compelling obedience from a
delinquent colony, and the government was not one which could operate
directly upon individuals, unless it assumed the full exercise of powers
derived from the revolutionary objects at which it aimed. These powers
were not assumed and exercised to their full extent, for reasons
peculiar to the situation of the country, and to the character, habits,
and feelings of the people.
Public-domain text, read in full here on John Shaqi.
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