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
So soon, also, as this was perceived and admitted, it became a
necessary consequence of the admission, that the national authority
should guarantee to the people of each State the right to shape and
modify their own social institutions; for without this principle laid
at the foundation of the Union, there could be no peace or security
for such a mixed system of government.
In the second place, we have to consider the fact, that, among the
political rights of the States anterior to the national Constitution,
was the right to admit or to prohibit the further importation of
slaves;--a traffic not then forbidden by any European nation to its
Colonies, but which had been interdicted by ten of the American
States. The transfer of this right to the Federal Union was a purely
voluntary act; it was not strictly necessary for the purposes for
which it was proposed to establish the Constitution of the United
States; although there were political reasons for which a part of the
States might wish to acquire control over this subject, as well as
moral reasons why all the States should have desired to vest that
control in the general government. Three of the States, however, as we
have seen, took a different view of their interest and duty, and
declined to enter the new Union unless this traffic should be excepted
from the power over commerce for a period of twenty years.
It is quite plain, that, if these facts had been met and dealt with in
a manner different from the settlement that was actually made, one of
two consequences must have ensued;--either no Constitution at all
could have been adopted, or there would have been a Union of some
kind, from which three at least of the States must have been excluded.
If the first, by far the most probable contingency, had happened, a
great feebleness and poverty of society must have continued to be the
lot of all these States; there must have been perpetual collisions and
rival confederacies; there certainly would have been an indefinite
continuance of the slave-trade, accompanied and followed by a great
external pressure upon the States which permitted it, which would have
led to a war of races, or to a frightful oppression of the slaves.
Most of these evils would have followed the establishment of a partial
confederacy.
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