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
Occupying at that period nearly a middle rank between the largest and
the smallest of the States with respect to population, New York had
not yet grasped, or even perceived, the wonderful elements of her
future imperial greatness. Her commerce was not inconsiderable; but it
had hitherto been the disposition of those who ruled her counsels to
retain its regulation in their own hands, and to subject it to no
imposts in favor of the general interests of the Union. Most of her
public men, also,[66] held it to be impracticable to establish a
general government of sufficient energy to pervade every part of the
United States, and to carry its appropriate benefits equally to all,
without sacrificing the constitutional rights of the States to an
extent that would ultimately prove to be dangerous to the liberties of
their people. Their view of the subject was, that the uncontrolled
powers and sovereignties of the States must be reserved; and that,
consistently with the reservation of these, a mode might be devised of
granting to the confederacy the moneys arising from a general system
of revenue, some power of regulating commerce and enforcing the
observance of treaties, and other necessary matters of less moment.
This was the opinion of Yates, the Chief Justice of the State, who may
be taken as a fair representative of the sentiments of a large part,
if not of a majority, of its people at this time.[67] But neither he,
nor any of those who concurred with him, succeeded in pointing out the
mode in which the power to collect revenues, to regulate commerce, and
to enforce the observance of treaties, could be conferred on the
confederacy, without impairing the sovereignties of the States. It
does not appear whether this class of statesmen contemplated a grant
of full and unrestrained power over these subjects to a federal
government, or whether they designed only a qualified grant, capable
of being recalled or controlled by the parties to the confederacy, for
reasons and upon occasions of which those parties were to judge. From
the general course of their reasoning on the nature of a federal
government, it might seem that the latter was their intention.[68] It
is not difficult to understand how these gentlemen may have supposed
that an irrevocable grant of powers to a general government might be
dangerous to the liberties of the people of the States, because such a
grant would involve a surrender of more or less of the original State
sovereignties to a legislative body external to the State itself. But
if they supposed that a grant of such powers could be made to a
"federal" government, or a political league of the States, acting
through a single body in the nature of a diet, and to be exercised
when necessary by the combined military power of the whole, and yet be
any less dangerous to liberty, it is difficult to appreciate their
fears or to perceive the consistency of their plan. If the liberties
Public-domain text, read in full here on John Shaqi.
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