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
We have seen that the treaty of peace could not be
executed; that the Confederation could do nothing to secure the
republican governments of the States; that the commerce of the country
could not be protected against the policy of foreign governments,
constantly watching for advantages which the clashing interests of the
different States at all times held out to them; and that, with the
rule which required the assent of nine States to every important
measure, it was possible for the Congress to refuse or neglect to do
what it was of the last importance to the people of the United States
they should do. Finally, we have seen that what now kept the existing
Union from dissolution, as it had been one immediate inducement to its
formation, was the cession of the vast Northwestern territory to the
United States; and that over this territory new States were forming,
to take their places in the band of American republics, while the
Confederation possessed no sufficient power to legislate for their
condition, or to secure their progress toward the great ends of civil
liberty and prosperity.
A retrospection, therefore, of the previous history of the
Confederacy, while it reveals to us the public appreciation of the
national wants and the national failures, displays the general
purposes contemplated by the States when they undertook effectually to
provide for "the exigencies of the Union." But what the nature of the
proposed changes was to be, and in what mode they were to be reached,
was, as we have seen, left undetermined by the constituent States when
they assembled the Convention; and we are now, therefore, brought to
the third preliminary fact, necessary to be regarded in our future
inquiries, namely, the condition of the actual powers of that
assembly.
The Confederation has already been described as a league, or federal
alliance between independent and sovereign States, for certain
purposes of mutual aid. So far as it could properly be called a
government, it was a government for the States in their corporate
capacities, with no power to reach individuals; so that, if its
requirements were disregarded, compulsion could only be directed--if
against anybody--against the delinquent member of the association, the
State itself.
Public-domain text, read in full here on John Shaqi.
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