Abbildungen der Seite
PDF
EPUB

more particular, because the prominent defects of that system, as discovered in its administration, will serve as a key to the construction, to the true intent of some of the most important provisions of the present constitution of the United States, which has at times, been the occasion of no small degree of jealousy with some.-From a perusal of the several articles of that confederation, it is evident that it was intended to form a national union, and to serve as a national government, so far as the general interests were concerned. It is evident, that it did not contemplate, or certainly that it could not effect a national union of the people of several states. It was, in fact, nothing more than a treaty of perpetual alliance and federal union, between sovereign and independent states, by which in that capacity, they agreed to submit their common concerns and interests to a board of delegates to be appointed by each state, but without the provision of a common judge or of an executive power. The first article merely declares the style of the confederacy to be "The United States of Amerca." The second article is in the following words :-"Each staté retains its sovereignty, freedom, and independence, and every jurisdiction and right, which is not by this confederation delegated to the United States in congress assembled." Article third is "The said states hereby enter into a firm league of friendship with each other for their common defence,the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or made upon them, or any of them on account of religion, sovereignty, trade, or any other pretence whatever." These articles fully develope the nature of the confederation. For the more convenient management of the affairs of the United States, delegates were to be annually appointed in such manner as the legislature of each state should direct, to assemble on a certain day in each yeareach state to be represented by not less than two, nor more than seven members. In determining questions in congress, as all independent sovereigns are equal in dignity, however unequal in other respects, each state was to have one vote only.

Most of the powers stipulated in this federal league to be

conferred on congress, were in many respects, nearly the same as those afterwards delegated to the general government by the constitution of the United States, and the limitations and prohibitions, nearly the same. Congress were not provided with any power to raise a revenue, with any semblance of an executive power, or judiciary commensurate with their stipulated powers. Congress were, indeed, empowered to appoint courts for the trial of piracies and felonies committed on the high seas and courts for receiving appeals in all cases of capture. And also for the determination of controversies between two or more states, and in controversies between private persons respecting certain grants of land, congress were empowered on application to nominate a certain number of persons, from whom judges were to be selected much in the manner of a struck jury with a power of final decision.

All the acts of congress, as well as the articles of confederation, were subject to the interpretation of the legislatures and judicial tribunals of thirteen sovereign and independent states, and their execution was dependent on the good pleasure of the same sovereign states. Congress. had the power of making treaties, but not the power of fulfilling them-that rested with the several states-congress had the power of declaring war; but had the command of no resources for maintaining a war. They had no power to lay and collect taxes of any kind direct or indirect. Their power went no farther than to ascertain the sum necessary to be raised for the public service, and apportion it according to a rule prescribed, among the several states, with a request that they should raise, and pay over to the general treasury the amount of their respective quotas;—which each as an independent sovereign might choose or refuse, and often did refuse with impunity. They were empowered to borrow money, and to emit bills of credit of the United States; but without the command of funds to pay the one or redeem the other. They issued their acts which they denominated ordinances. They never ventured to give them the name of laws; for what property of a law has an act, which all and eveof the parties is at liberty to obey or not at its sovereign will and pleasure?

ry

'It is true, that the pressure of the war, and the patriotic zeal

of the citizens in a common cause, in which their all, life, liberty, and property was at stake, supplied, in some good degree, the want of an energetic system of national government. In addition to these, a fortunate concurrence of circumstances in the political world enabled congress to engage in the cause of the country some of the most powerful nations of Europe; to triumph in the event, and obtain from Great Britain a full acknowledgment of the sovereignty and independence of the United States. But no sooner was war ended, and peace restored to the country, than the evils of this imbecile system of confederation were fully developed to the astonishment of many and the regret of all. An enormous debt had been contracted, and public credit had fallen to the lowest and most humiliating state of depreciation. The pressure of circumstances ceasing with the war, congress found that they possessed none of the efficient powers of government, legislative, executive, or judicial. Their ordinances were disregarded. The states, from inability, or indisposition, neglected or refused to pay their respective quotas of the national expenditures, the price of their liberty and independence. In some states the treaties made with foreign nations, particularly with Great Rritain, were disregarded or openly violated. The authority of congress was lost in the power of the several states now found to be, in fact, so many independent nations. Former prejudices, which had subsided during the struggle for liberty were rapidly reviving. Each state pursuing its local and separate interests seemed to bid defiance to any national union of the whole. The effect of this situation began to be apparent in the manners of the people, and in the administration of the state governments. They were verging to the state of small, independent tribes, in the same vicinity. This state of things was visibly contracting the views of the people and forming them to a spirit of faction. The state governments found themselves mostly, incapable of pursuing any energetic system of administration, and the whole country was clearly in a state of moral and political retrogradation. The effect on the minds of the people was no less moral than political.

The want of public credit and its concomitant evil, a depreciated and depreciating paper, had nearly rrined their morals,

their industry, and their commerce, as well as private credit. Other causes, not necessary here to be enumerated, concurred to enhance the evil. Many began to suppose that the liberty for which they had risked so much blood and treasure, was but the phantom of imagination, the enjoyment of which was never to be realized under any form of government. Some of the wisest and best citizens did not dispair of the republic. They had conceived, that an energetic national government alone could inspire hope of restoring public and private credit, of reviving commerce, of giving any degree of nationality to the union, of securing the faith of public treaties, and in a word, of preventing or repelling the numerous impending evils, which threatened to plunge the country into anarchy and all the miseries of civil war. Congress, fully sensible of the inefficiency of their powers to any national purpose, recommended to the several states to meet in convention by their delegates, to deliberate on a plan of national government which might be equal to the exigencies of the whole. Agreeable to that recommendation a convention of delegates assembled, and proposed the present constitution of the United States, as the result of their deliberations. This constitution is a unique in federal politicsan actual, deliberate, and solemn compact, ratified by the concurrent act of the sovereign people of each state, severally assembled in convention, by their delegates elected for that purpose.

CHAPTER III.

The Constitution of the United States.

The power by which the constitution of the United States was ratified, and from which is derived all the authority of the national government thereby instituted, as well as the great end of its institution, is fully expressed in the declatory clause prefixed to that instrument.

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."

The government of the United States is constituted with legislative, executive, and judicial powers, vested in distinct and separate departments. The legislative power is vested in a congress consisting of two branches, a senate and house of representatives, whose powers in legislation are mutual and co-ordinate. The representatives are chosen by the people of the several states every second year, and are apportioned by the number of people in each state to be ascertained by an actual enumeration taken once in every ten years. The provision upon this subject as expressed in the constitution is-"Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not

« ZurückWeiter »