Constitutional history -- United States -- Sources; Constitutional law -- United States
That we may form a juster estimate with regard to this interesting
subject, let us resort to the actual dimensions of the Union. The
limits, as fixed by the treaty of peace, are: on the east the Atlantic,
on the south the latitude of thirty-one degrees, on the west the
Mississippi, and on the north an irregular line running in some
instances beyond the forty-fifth degree, in others falling as low as
the forty-second. The southern shore of Lake Erie lies below that
latitude. Computing the distance between the thirty-first and
forty-fifth degrees, it amounts to nine hundred and seventy-three
common miles; computing it from thirty-one to forty-two degrees, to
seven hundred and sixty-four miles and a half. Taking the mean for the
distance, the amount will be eight hundred and sixty-eight miles and
three-fourths. The mean distance from the Atlantic to the Mississippi
does not probably exceed seven hundred and fifty miles. On a comparison
of this extent with that of several countries in Europe, the
practicability of rendering our system commensurate to it appears to be
demonstrable. It is not a great deal larger than Germany, where a diet
representing the whole empire is continually assembled; or than Poland
before the late dismemberment, where another national diet was the
depositary of the supreme power. Passing by France and Spain, we find
that in Great Britain, inferior as it may be in size, the
representatives of the northern extremity of the island have as far to
travel to the national council as will be required of those of the most
remote parts of the Union.
Favorable as this view of the subject may be, some observations remain
which will place it in a light still more satisfactory.
In the first place it is to be remembered that the general government
is not to be charged with the whole power of making and administering
laws. Its jurisdiction is limited to certain enumerated objects, which
concern all the members of the republic, but which are not to be
attained by the separate provisions of any. The subordinate
governments, which can extend their care to all those other subjects
which can be separately provided for, will retain their due authority
and activity. Were it proposed by the plan of the convention to abolish
the governments of the particular States, its adversaries would have
some ground for their objection; though it would not be difficult to
show that if they were abolished the general government would be
compelled, by the principle of self-preservation, to reinstate them in
their proper jurisdiction.
Public-domain text, read in full here on John Shaqi.
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