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
Now what is required in order to make such a multiplication of
distinct States at the same time a national growth, is the operation
of some principle that will preserve their national relations to the
control of a central authority. This is effected by the supremacy of
the Constitution of the United States, against which no separate State
power can be exerted. This supremacy secures the republican form of
government, the same general principles and maxims of justice, and the
same limitations between State and national authority, throughout all
the particular communities; while, at the same time, it regulates by
the same system of legislation, applied throughout the whole, the
rights and duties of individuals that are committed to the national
authority. It was for the want of this supremacy and of the means of
enforcing it, that the Confederation, and all the other federal
systems of free government known in history, had failed to create a
powerful and effective nationality; and it is precisely this, which
has enabled the Constitution of the United States to do for the nation
what all other systems of free government had failed to accomplish.
In this connection, it seems proper to state the origin and purpose of
that definition of treason which is found in the Constitution, and
which was placed there in order, on the one hand, to defend the
supremacy of the national government, and on the other, to guard the
liberty of the citizen against the mischiefs of constructive
definitions of that crime. No instructions had been given to the
committee of detail on this subject. They, however, deemed it
necessary to make some provision that would ascertain what should
constitute treason against the United States. They resorted to the
great English statute of the 25th Edward III.; and from it they
selected two of the offences there defined as treason, which were
alone applicable to the nature of the sovereignty of the United
States. The statute, among a variety of other offences, denominates as
treason the levying of war against the king in his realm, and the
adhering to the king's enemies in his realm, giving them aid and
comfort in the realm, or elsewhere.[319] The levying of war against
the government, and the adhering to the public enemy, giving him aid
and comfort, were crimes to which the government of the United States
would be as likely to be exposed as any other sovereignty; and these
offences would tend directly to subvert the government itself. But to
compass the death of the chief magistrate, to counterfeit the great
seal or the coin, or to kill a judge when in the exercise of his
office, however necessary to be regarded as treason in England, were
crimes which would have no necessary tendency to subvert the
government of the United States, and which could therefore be left out
of the definition of treason, to be punished according to the separate
nature and effects of each of them. The committee accordingly provided
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account