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 States to use their utmost exertions to further such levies as the
general might direct, in consequence of the new powers given him, and to
make up and complete their quotas as formerly settled.[123]
Strictly examined, therefore, the position taken by the Congress was,
that a crisis existed demanding the utmost decision and vigor; that the
measures necessary to meet it, such as the raising of troops and the
compulsory levying of supplies, belonged to the States; but that, the
State governments being removed from each other and from the seat of
war, the Congress confers upon the continental general power to do
things which in reality it belongs to the States to do. In this there
was a great inaccuracy, according to all our present ideas of
constitutional power. But still the action of the Congress expresses and
exhibits their real situation. It contains a contradiction between the
true theory of their revolutionary powers and the powers which they
could in fact practically exercise. Upon principle, it was just as
competent to the Congress to take the steps required by the exigency, as
it was to adjudge them to the States; and it was just as competent to
the Congress to do any thing directly, as to confer a power to do it on
their general. But the jealousies of the States, the habits of the
country, and the practical working of the existing institutions, had
never permitted the full exercise of the revolutionary powers which
properly resided in the hands of the Congress. The true theory of their
situation was limited by practical impossibilities; and an escape from
contradictions became impossible. It was perceived that the States would
neither pass laws or resolves for the summary raising of forces and
levying of supplies, nor allow this to be done by committees or
commissioners of Congress; but it was believed that they would acquiesce
in its being done by General Washington, out of respect for his
character, for his abilities and his motives, and from conviction that
he alone could save the country.
The expectations of the Congress were not disappointed. It was felt
throughout the country, that such powers could be lodged in the hands of
Washington without danger. The States in general acquiesced in the
necessity and propriety of this measure, and there was little
disposition to encroach upon or to complain of the authority conferred.
To this acquiescence, however, there were exceptions.[124]
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