The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
Here was the first complete exposition of the doctrine of a loose
construction for the wording of the Constitution. If that be correct
reasoning, said the opposition, the Constitution may as well stop with
the preamble, since there is no power under heaven which could not be
exercised within its limits. It would mean the consolidation of all
powers, and the practical extinction of local government. The attitude
of the two sides in the debate may be shown by one illustration
employed. Suppose the power to make a treaty or to raise an army had
been omitted from the Constitution, asked the Hamiltonians, could the
National Government in an emergency assume such rights from the preamble
and the powers expressed? Must it hesitate and temporise while the
blood of its citizens was being shed? Such an assumption of power,
replied the strict interpreters, might be excusable in an emergency,
but could be warranted as a practice only by an amendment to the
Constitution made in the manner it prescribed.
The present situation and the compelling force which had produced it
were manifest when those who favoured giving the Union such implied
powers as would make it effective pointed out many instances of
implication of which Congress had already been guilty; such as accepting
land for lighthouses, defining crimes under power to establish courts,
and even creating corporations in the shape of the North-West and the
South-West territories. One of these lesions of the written word, that
which interpreted a clause so as to give the President power over
removals from office, Madison himself had favoured.
This first constitutional debate also outlined the geographical
sectionalism which has penetrated and influenced every feature of
American political as well as commercial and social life. The Northern
and Middle States contained the cities, made up of the trading class,
whose capital was chiefly in ready money. The capital of the rural
dwellers of the South was in land and slaves, not easily converted
into cash. The latter became the borrowing, the former the lending
section. The spirit of unionism was engendered in the first by reason
of their urban life, their commercial employment, and their frequent
contact in business. The feeling of individualism was as naturally
bred in the latter by their rural surroundings, their agricultural
occupation, and the self-reliance induced by their solitary environment.
The opposition to the Constitution in Massachusetts, Rhode Island, New
York, and Pennsylvania had been confined almost entirely to the country.
The rural States of Virginia, North Carolina, and South Carolina did
not adopt the new frame without a struggle. Georgia was a Southern
exception; but population dwelt so exclusively along the coast in the
new State of Georgia that it was really a commercial State, settled
largely by New Englanders.
Public-domain text, read in full here on John Shaqi.
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