History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
That the final concession of this point was also a wise and fortunate
determination, there can be no doubt. Those who made it probably did
not foresee all its advantages, or comprehend all its manifold
relations. They looked to it, in the first instance, as the means of
securing the acceptance of the Constitution by all the States, and
thus of preventing the evils of a partial confederacy. They probably
did not at once anticipate the benefits to be derived from giving to a
majority of the States a check upon the legislative power of a
majority of the whole people of the United States. Complicated as this
check is, it both recognizes and preserves the residuary sovereignty
of the States; it enables them to hold the general government within
its constitutional sphere of action; and it is in fact the only
expedient that could have been successfully adopted, to preserve the
State governments, and to avoid the otherwise inevitable alternative
of conferring on the general government plenary legislative power upon
all subjects. It is a part of the Constitution which it is vain to try
by any standard of theory; for it was the result of a mere compromise
of opposite theories and conflicting interests. Its best eulogium is
to be found in its practical working, and in what it did to produce
the acceptance of a constitution believed, at the time of its
adoption, to have given an undue share of influence and power to the
larger members of the confederacy.[112]
NOTE ON THE POPULATION OF THE SLAVEHOLDING AND NON-SLAVEHOLDING
STATES.
Although, at the time of the formation of the Constitution,
slavery had been expressly abolished in two of the States
only (Massachusetts and New Hampshire), the framers of that
instrument practically treated all but the five Southern
States as if the institution had been already abolished
within their limits, and counted all the colored persons
therein, whether bond or free, as part of the free
population; assuming that the eight Northern and Middle
States would be free States, and that the five Southern
States would continue to be slave States. This appears from
the whole tenor of the debates, in which the line is
constantly drawn, as between slaveholding and
non-slaveholding States, so as to throw eight States upon the
Northern and five upon the Southern side. I have found also,
in a newspaper of that period (New York Daily Advertiser,
February 5, 1788), the following
"ESTIMATE OF THE POPULATION OF THE STATES MADE AND USED IN
THE FEDERAL CONVENTION, ACCORDING TO THE MOST ACCURATE
ACCOUNTS THEY COULD OBTAIN."
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