Constitutional history -- United States -- Sources; Constitutional law -- United States
When Montesquieu recommends a small extent for republics, the standards
he had in view were of dimensions far short of the limits of almost
every one of these States. Neither Virginia, Massachusetts,
Pennsylvania, New York, North Carolina, nor Georgia can by any means be
compared with the models from which he reasoned and to which the terms
of his description apply. If we therefore take his ideas on this point
as the criterion of truth, we shall be driven to the alternative either
of taking refuge at once in the arms of monarchy, or of splitting
ourselves into an infinity of little, jealous, clashing, tumultuous
commonwealths, the wretched nurseries of unceasing discord, and the
miserable objects of universal pity or contempt. Some of the writers
who have come forward on the other side of the question seem to have
been aware of the dilemma; and have even been bold enough to hint at
the division of the larger States as a desirable thing. Such an
infatuated policy, such a desperate expedient, might, by the
multiplication of petty offices, answer the views of men who possess
not qualifications to extend their influence beyond the narrow circles
of personal intrigue, but it could never promote the greatness or
happiness of the people of America.
Referring the examination of the principle itself to another place, as
has been already mentioned, it will be sufficient to remark here that,
in the sense of the author who has been most emphatically quoted upon
the occasion, it would only dictate a reduction of the SIZE of the more
considerable MEMBERS of the Union, but would not militate against their
being all comprehended in one confederate government. And this is the
true question, in the discussion of which we are at present interested.
So far are the suggestions of Montesquieu from standing in opposition
to a general Union of the States, that he explicitly treats of a
CONFEDERATE REPUBLIC as the expedient for extending the sphere of
popular government, and reconciling the advantages of monarchy with
those of republicanism.
“It is very probable,” (says he[1]) “that mankind would have been
obliged at length to live constantly under the government of a single
person, had they not contrived a kind of constitution that has all the
internal advantages of a republican, together with the external force
of a monarchical government. I mean a CONFEDERATE REPUBLIC.
“This form of government is a convention by which several smaller
STATES agree to become members of a larger ONE, which they intend to
form. It is a kind of assemblage of societies that constitute a new
one, capable of increasing, by means of new associations, till they
arrive to such a degree of power as to be able to provide for the
security of the united body.
“A republic of this kind, able to withstand an external force, may
support itself without any internal corruptions. The form of this
society prevents all manner of inconveniences.
Public-domain text, read in full here on John Shaqi.
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