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
On the other hand, the minority, insisting on a rigid construction of
their powers, and planting themselves upon the nature of the compact
already formed between the States, contended that these separate and
sovereign communities had distinct governments already vested with the
whole political power of their respective populations, and therefore
that they could not, consistently with the truth of their situation,
act as if the whole or any considerable part of that power could be
transferred by the people themselves to another government. They said,
that whatever power was to be conferred on a central or general
government must be granted by the States, as political corporations,
and that therefore the principle of the Union could not be changed,
whatever addition it might be expedient to make to its authority. They
said, that, even if this theory were not strictly true, the smaller
States could not safely unite with the larger upon any other; and
especially that they could not surrender their liberties to the
keeping of a majority of the people inhabiting all the States, for
such a power would inevitably destroy the State constitutions. They
were willing, they said, to enlarge the powers of the federal
government; willing to provide for it the means of compelling
obedience to its laws; willing to hazard much for the general welfare.
But they could not consent to place the very existence of their local
governments, with all their capacity to protect the distinct
interests of the people, and all their peculiar fitness for the
administration of local concerns, at the mercy of great communities,
whose policy might overshadow and whose power might destroy them.
To the claim of political equality as between a citizen of the largest
and a citizen of the smallest State in the Union, they opposed the
doctrine, that in his own State every citizen is equal with every
other, and holds such rights and liberties, and so much political
power, as the State may see fit to bestow upon him; but that, when
separate States enter into political relations with each other for
their common benefit, it is among the States themselves that the
equality must prevail, because States can only be parties to a compact
upon a footing of natural equality, just as individuals are supposed
to enter society with equal natural rights. This doctrine, they said,
was especially necessary to be applied between States of very unequal
magnitudes. If applied, it would render unnecessary the division of
the legislative body into two chambers; would dispense with any but a
supreme judicial tribunal; and would admit of a ratification by the
States in Congress, without raising the hazardous and doubtful
question of a direct resort to the people, whose power to act
independently of their State governments was by some strenuously
denied.
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