Constitutional history -- United States -- Sources; Constitutional law -- United States
give the keys of the treasury, and the command of the army, into the
same hands? The Confederation places them both in the hands of
Congress. Is a bill of rights essential to liberty? The Confederation
has no bill of rights. Is it an objection against the new Constitution,
that it empowers the Senate, with the concurrence of the Executive, to
make treaties which are to be the laws of the land? The existing
Congress, without any such control, can make treaties which they
themselves have declared, and most of the States have recognized, to be
the supreme law of the land. Is the importation of slaves permitted by
the new Constitution for twenty years? By the old it is permitted
forever.
I shall be told, that however dangerous this mixture of powers may be
in theory, it is rendered harmless by the dependence of Congress on the
State for the means of carrying them into practice; that however large
the mass of powers may be, it is in fact a lifeless mass. Then, say I,
in the first place, that the Confederation is chargeable with the still
greater folly of declaring certain powers in the federal government to
be absolutely necessary, and at the same time rendering them absolutely
nugatory; and, in the next place, that if the Union is to continue, and
no better government be substituted, effective powers must either be
granted to, or assumed by, the existing Congress; in either of which
events, the contrast just stated will hold good. But this is not all.
Out of this lifeless mass has already grown an excrescent power, which
tends to realize all the dangers that can be apprehended from a
defective construction of the supreme government of the Union. It is
now no longer a point of speculation and hope, that the Western
territory is a mine of vast wealth to the United States; and although
it is not of such a nature as to extricate them from their present
distresses, or for some time to come, to yield any regular supplies for
the public expenses, yet must it hereafter be able, under proper
management, both to effect a gradual discharge of the domestic debt,
and to furnish, for a certain period, liberal tributes to the federal
treasury. A very large proportion of this fund has been already
surrendered by individual States; and it may with reason be expected
that the remaining States will not persist in withholding similar
proofs of their equity and generosity. We may calculate, therefore,
that a rich and fertile country, of an area equal to the inhabited
extent of the United States, will soon become a national stock.
Congress have assumed the administration of this stock. They have begun
to render it productive. Congress have undertaken to do more: they have
proceeded to form new States, to erect temporary governments, to
appoint officers for them, and to prescribe the conditions on which
such States shall be admitted into the Confederacy. All this has been
done; and done without the least color of constitutional authority. Yet
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