Constitutional history -- United States -- Sources; Constitutional law -- United States
The great and radical vice in the construction of the existing
Confederation is in the principle of LEGISLATION for STATES or
GOVERNMENTS, in their CORPORATE or COLLECTIVE CAPACITIES, and as
contradistinguished from the INDIVIDUALS of which they consist. Though
this principle does not run through all the powers delegated to the
Union, yet it pervades and governs those on which the efficacy of the
rest depends. Except as to the rule of appointment, the United States
has an indefinite discretion to make requisitions for men and money; but
they have no authority to raise either, by regulations extending to the
individual citizens of America. The consequence of this is, that
though in theory their resolutions concerning those objects are laws,
constitutionally binding on the members of the Union, yet in practice
they are mere recommendations which the States observe or disregard at
their option.
It is a singular instance of the capriciousness of the human mind, that
after all the admonitions we have had from experience on this head,
there should still be found men who object to the new Constitution, for
deviating from a principle which has been found the bane of the old, and
which is in itself evidently incompatible with the idea of GOVERNMENT;
a principle, in short, which, if it is to be executed at all, must
substitute the violent and sanguinary agency of the sword to the mild
influence of the magistracy.
There is nothing absurd or impracticable in the idea of a league or
alliance between independent nations for certain defined purposes
precisely stated in a treaty regulating all the details of time, place,
circumstance, and quantity; leaving nothing to future discretion; and
depending for its execution on the good faith of the parties. Compacts
of this kind exist among all civilized nations, subject to the usual
vicissitudes of peace and war, of observance and non-observance, as the
interests or passions of the contracting powers dictate. In the early
part of the present century there was an epidemical rage in Europe for
this species of compacts, from which the politicians of the times
fondly hoped for benefits which were never realized. With a view to
establishing the equilibrium of power and the peace of that part of the
world, all the resources of negotiation were exhausted, and triple and
quadruple alliances were formed; but they were scarcely formed before
they were broken, giving an instructive but afflicting lesson to
mankind, how little dependence is to be placed on treaties which have
no other sanction than the obligations of good faith, and which oppose
general considerations of peace and justice to the impulse of any
immediate interest or passion.
Public-domain text, read in full here on John Shaqi.
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