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
General Washington therefore issued a counter-proclamation, commanding
all persons who had received the enemy's protection to repair to
head-quarters, or to some general officer of the army, and to surrender
their protections and take an oath of allegiance to the United
States;--allowing thirty days for those who preferred to remain under
the protection of Great Britain to withdraw within the enemy's lines.
This was considered in some quarters as an undue exercise of power. The
idea of an oath of allegiance to the United States, before the
Confederation was formed, was regarded by many as an absurdity.
Allegiance, it was said, was due exclusively to the State of which a man
was an inhabitant; the States alone were sovereign; and it was for each
State, not for the United States, which possessed no sovereignty, to
exact this obligation. The Legislature of New Jersey were disposed to
treat General Washington's proclamation as an encroachment on their
prerogatives: and one of the delegates of that State in Congress
denounced it as improper.[128]
This feeling was shared by other members; but it is not to be doubted,
that the proceeding was a legitimate exercise of the authority vested in
the Commander-in-chief. He had been expressly empowered to arrest and
confine persons disaffected to the American cause; and the requiring
them to attend at his head-quarters was clearly within the scope of this
authority. Moreover, although no confederation or political union of the
States had been formed under a written compact, yet the United States
were waging war, as a government regularly constituted by its
representatives in a congress, for the very purpose of carrying on such
war. They had an army in the field, whose officers held continental
commissions, and were paid by a continental currency. They were
exercising certain of the attributes of sovereignty as a belligerent
power; and in that capacity they had a complete right to exact such an
obligation not to aid the enemy, as would separate their friends from
their foes. It was a military measure; and the tenor of the proclamation
shows that General Washington exacted the oath in that relation. To
pause at such a moment, and to consider nicely how much sovereignty
resided in each of the States, and how much or how little belonged to
the United States, was certainly a great refinement. But it marks the
temper of the times, and the extreme jealousy with which all continental
power and authority were watched at that period.[129]
Public-domain text, read in full here on John Shaqi.
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