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
When the States, in 1781, entered into the confederacy then
established, they reserved their freedom, sovereignty, and
independence, and every jurisdiction, power, and right not expressly
delegated to the United States. By the provisions of the federal
compact, these separate and sovereign communities committed to a
general council the management of certain interests common to them
all; in that council they were represented equally, each State having
one vote; but as neither the powers conferred upon that body, nor the
restraints imposed by the States upon themselves, were to be enforced
by any agreed sanctions, the parties to the compact were left to a
voluntary performance of their stipulations. Still, there were certain
powers which the States agreed should be exercised by the United
States in Congress assembled, and certain duties towards the
confederacy which they agreed to discharge; and therefore, so far as
authority and jurisdiction had been conferred upon the United States,
so far they had been surrendered by the States. The peculiarity of the
case was, that the powers surrendered were ineffectual for the want of
appropriate means of coercion.
These powers the States did not propose to recall. The Union was
unbroken, though feeble, and trembling on the verge of dissolution.
The purpose of all was to strengthen and secure its powers, to add
somewhat to their number, and to render the whole efficient and
operative by providing some form of direct and compulsory authority.
For this end, as members of an existing confederacy, in possession of
all the powers not previously delegated to the Union, the States had
assembled upon the same equality, and under the same form of
representation, with which they had always acted in the Congress.
As the States had conferred certain powers upon the Confederation, so
it was equally competent to them to enlarge and add to those powers.
They had formed State governments, and established written
constitutions. But the people of the States, and not their
governments, held the supreme, absolute, and uncontrollable power.
They had created, and they could modify or destroy; they could
withdraw the powers conferred upon one class of agents, and bestow
them upon another class. What was wanted was the discovery of some
mode of proceeding, which, by involving the consent of the State
governments, would avoid the appearance and the reality of revolution,
and make the contemplated changes consist with the American idea of
constitutional action.
Here also it seems proper to state the reasons why the process of
framing the Constitution is so important as to demand a careful
exhibition of the proceedings of those to whom this great undertaking
was intrusted.
Public-domain text, read in full here on John Shaqi.
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