Constitutional history -- United States -- Sources; Constitutional law -- United States
This article speaks for itself. The express authority of the people
alone could give due validity to the Constitution. To have required the
unanimous ratification of the thirteen States, would have subjected
the essential interests of the whole to the caprice or corruption of
a single member. It would have marked a want of foresight in the
convention, which our own experience would have rendered inexcusable.
Two questions of a very delicate nature present themselves on this
occasion: 1. On what principle the Confederation, which stands in the
solemn form of a compact among the States, can be superseded without the
unanimous consent of the parties to it? 2. What relation is to subsist
between the nine or more States ratifying the Constitution, and the
remaining few who do not become parties to it?
The first question is answered at once by recurring to the absolute
necessity of the case; to the great principle of self-preservation; to
the transcendent law of nature and of nature's God, which declares
that the safety and happiness of society are the objects at which all
political institutions aim, and to which all such institutions must
be sacrificed. PERHAPS, also, an answer may be found without searching
beyond the principles of the compact itself. It has been heretofore
noted among the defects of the Confederation, that in many of the States
it had received no higher sanction than a mere legislative ratification.
The principle of reciprocality seems to require that its obligation
on the other States should be reduced to the same standard. A compact
between independent sovereigns, founded on ordinary acts of legislative
authority, can pretend to no higher validity than a league or treaty
between the parties. It is an established doctrine on the subject of
treaties, that all the articles are mutually conditions of each other;
that a breach of any one article is a breach of the whole treaty; and
that a breach, committed by either of the parties, absolves the others,
and authorizes them, if they please, to pronounce the compact violated
and void. Should it unhappily be necessary to appeal to these delicate
truths for a justification for dispensing with the consent of particular
States to a dissolution of the federal pact, will not the complaining
parties find it a difficult task to answer the MULTIPLIED and IMPORTANT
infractions with which they may be confronted? The time has been when it
was incumbent on us all to veil the ideas which this paragraph exhibits.
The scene is now changed, and with it the part which the same motives
dictate.
Public-domain text, read in full here on John Shaqi.
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