The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
year with a furious excitement that is often largely factitious; and
twice within the century, in 1801 and again in 1877, it has brought us
to the verge of the most foolish and hopeless species of civil war, in
view of that thoroughly monarchical kind of accident, a disputed
succession.[8]
[Sidenote: The convention supposed itself to be copying from the British
Constitution.]
The most curious and instructive point concerning the peculiar executive
devised for the United States by the Federal Convention is the fact that
the delegates proceeded upon a thoroughly false theory of what they were
doing. As already observed, in this part of its discussions the
convention had not the clearly outlined chart of local interests to
steer by. It indulged in general speculations and looked about for
precedents; and there was one precedent which American statesmen then
always had before their eyes, whether they were distinctly aware of it
or not. In creating an executive department, the members of the
convention were really trying to copy the only constitution of which
they had any direct experience, and which most of them agreed in
thinking the most efficient working constitution in existence,--as
indeed it was. They were trying to copy the British Constitution,
modifying it to suit their republican ideas: but curiously enough, what
they copied in creating the office of president was not the real English
executive or prime minister, but the fictitious English executive, the
sovereign. And this was associated in their minds with another profound
misconception, which influenced all this part of their work. They
thought that to keep the legislative and executive offices distinct and
separate was the very palladium of liberty; and they all took it for
granted, without a moment's question, that the British Constitution did
this thing. England, they thought, is governed by King, Lords, and
Commons, and the supreme power is nicely divided between the three, so
that neither one can get the whole of it, and that is the safeguard of
English liberty. So they arranged President, Senate, and Representatives
to correspond, and sedulously sought to divide supreme power between the
three, so that they might operate as checks upon each other. If either
one should ever succeed in acquiring the whole sovereignty, then they
thought there would be an end of American liberty.
[Sidenote: Influence of Montesquieu and Blackstone.]
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