United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
the attempt to make Congress the distributor of powers between the
general Government and the Commonwealths {91} was abandoned. The power
which _made_ the Constitution can alone set up the metes and bounds
between the realm of authority of the general Government and that of
the Commonwealths. This is the indispensable condition of federal
government. If the general Government possesses such power, the system
is centralized in theory, and may become so in fact at the pleasure of
the general Government. If, on the other hand, the Commonwealths
possess such power, the system is the loosest form of confederation,
an international league.
It is true that the Constitution may authorize the general Government
to limit the powers of the Commonwealths in regard to certain
specified points and the federal system be still preserved, but a
general authority in the general Government to do so, such as was
claimed by the restrictionists from the vague provision vesting in
Congress the power to "admit new States into this Union," amounts to
nothing less than a claim of sovereignty by Congress over the new
Commonwealths. Such was not the system which those who framed and
ratified the Constitution intended to establish. Such is not the
system which comports with the vast territorial extent and the
climatic differences of the United States, and with the ethnical
variety of the population of the country.
It is also true that those who resisted the restriction upon Missouri
used terms and propositions, in reference to the genesis of the Union
and the relation of the general Government to the Commonwealths, which
will hardly bear the test of correct history and exact political
science, but they had the true principle in respect to the point at
issue, when they held that "the State," in the sense of the
Constitution, is defined in the Constitution; that its powers are the
residue after what the Constitution vests exclusively in the general
{92} Government and denies to the "States" shall have been subtracted
from sovereignty; and that Congress cannot vary these relations under
an interpretation of a general provision. They conceded that Congress
might, as the general principle, admit or not admit, as it might judge
proper, with all that this involved in reference to geographical
boundaries and ripeness of the population for self-government, but
they held that the thing admitted was created by the Constitution,
through the people inhabiting the district to be formed into a
Commonwealth, and not by Congress. And they repudiated the idea that
the Declaration of Independence is any part of the constitutional law
of the country, or that Congress can define the republican form of
government which the United States is obligated by the Constitution to
guarantee to every Commonwealth, in any other sense than that
concretely expressed in the original Commonwealths.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account