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States, can be superseded without the unanimous consent of the parties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. The second
question is not less delicate; and the flattering prospect of its being
merely hypothetical forbids an overcurious discussion of it. It is one
of those cases which must be left to provide for itself. In general, it
may be observed, that although no political relation can subsist
between the assenting and dissenting States, yet the moral relations
will remain uncancelled.
Public-domain text, read in full here on John Shaqi.
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