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
Thus was a dark and gloomy prospect a second time presented to the
framers of the Constitution. If, on the one side, there were States
feeling themselves bound as a class to insist on certain concessions,
on the other side were those by whom such concessions could not be
made. The chief motive with the Eastern, and with most of the Northern
States, in seeking a new union under a new frame of government, was a
commercial one. They had suffered so severely from the effects of the
commercial policy of England and other European nations, and from the
incapacity of Congress to control that policy, that it had become
indispensable to them to secure a national power which could dictate
the terms and vehicles of commercial intercourse with the whole
country. Cut off from the British West India trade by the English
Orders in Council, the Eastern and Middle States required other means
of counteracting those oppressive regulations than could be found in
their separate State legislation, which furnished no power whatever
for obtaining a single commercial treaty.[223] Besides these
considerations, which related to the special interests of the
commercial States, the want of a navy, which could only be built up by
measures that would encourage the growth of the mercantile marine, and
which, although needed for the protection of commerce, was also
required for the defence of the whole country, made it necessary that
the power to pass a navigation act should be burdened with no serious
restrictions.
The idea of requiring a vote of two thirds in Congress for the passage
of a navigation act, founded on the assumed diversity of Northern and
Southern, or the commercial and the planting interests, proceeded upon
the necessity for a distinct protection of the latter against the
former, by means of a special legislative check. To a certain extent,
as I have already said, these interests, when regarded in their
aggregates, offered a real diversity. But it did not follow that this
peculiar check upon the power of a majority was either a necessary or
an expedient mode of providing against oppressive legislation. In
every system of popular government, there are great disadvantages in
departing from the simple rule of a majority; and perhaps the
principle which requires the assent of more than a majority ought
never to be extended to mere matters of legislation, but should be
confined to treaty stipulations, and to those fundamental changes
which affect the nature of the government and involve the terms on
which the different portions of society are associated together.
Public-domain text, read in full here on John Shaqi.
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