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
These, in substance, were the principles now brought into direct
collision, urged under a great variety of forms, and recurring upon
the successive details of the Constitution, as its formation
proceeded, and pressed with equal earnestness and equally firm
convictions of duty on both sides. I confess that it does not seem to
me important, if it be practicable, to decide which party was
theoretically correct. A great deal of the reasoning on both sides was
speculative, and it is not easy to deny some of the chief propositions
which were maintained on the one side and the other. We are too apt,
perhaps, to judge of the real soundness of the opinions held by
opposite parties to the first compromise of the Constitution, by the
subsequent history and success of the government, and by the views and
feelings which we entertain of that history and that success. Whereas,
in truth, if we place ourselves at the point where the framers of the
Constitution stood at the time we are examining, we shall find that,
with the exception of the influence due to one or two governing facts
of previous history, it was theoretically as correct to contend for a
purely federal as for a purely national government. Almost everything
depends upon the object towards which they were to reason; and
therefore the premises were in a considerable degree open to an
arbitrary choice. If the object was to establish a government, against
the exercise of whose legitimate powers State legislation could not
possibly be exerted, some higher authority than that of the State
governments must be resorted to; and the reasoning which tended to
prove the existence of that authority and the practicability of
invoking it, and the danger of any other kind of government, comes
logically and consistently in support of the great purpose to be
attained. If, however, from an honest fear for the safety of local
interests, the purpose was to have a government that would not
seriously diminish the powers of the States, but would leave them with
always unimpaired sovereignties, capable of resisting the measures of
the central power, then the States were certainly competent and
sufficient to the formation of such a system, and the reasoning which
placed them in the light of parties to a social compact was
theoretically true. On the one side, it was believed that a government
formed by the States upon the principle of federal equality would be
destructive of the powers of the general government, whatever those
powers might be. On the other side, it was considered that the
principle of governing by a democratic majority of the people of all
the States would make those powers too formidable for the safety of
the State constitutions. According to the force we may assign to the
one or the other tendency, the reasoning on either side will appear to
us to be almost equally correct.
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