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HISTORY

FEDERAL

OF THE

GOVERNMENT.

CHAPTER I.

Formation of Federal Government. Power of Old Congress, under the Confederation. Design and Nature of the Federal Constitution. Extent of the Powers granted to the General Government. The Powers not delegated remain with the Separate States, which in most cases are still Sovereign. Address of President Washington. Of Mr. Adams, Vice President. Acts of First Session of Congress. Auspicious Effects of Federal Government. Power of the President in Appointments to Office. Second Session. Report of Secretary of Treasury on Finances and Revenue. Speech of President, December, 1789. Proceedings of Congress on the Report of Secretary, and on Subjects mentioned in Speech. Indian Tribes. Difference proposed between Original and Present Holders of Public Securities. Funding System. Military Peace Establishment. Slavery. Permanent Seat of Government. Distinguished Members of First Congress.

THE federal Constitution, prepared by a Convention of delegates, from twelve of the thirteen independent States of North America, in 1787,* was adopted by the requisite majority of those States in 1788 †; and in April, 1789,† the federal government, provided by that compact, was organ

* The State of Rhode Island did not send delegates to the Convention.

+ Before August, 1788, ten States had adopted the new Constitution, being one more than the number required by that instrument, to have the government organized, viz: Delaware, Pennsylvania, New Jersey, in December, 1787; Georgia, and Connecticut, in January, 1788; Massachusetts, in February, 1788; Maryland, in April, 1788; South Carolina, in May; New Hampshire, New York, and Virginia, in June; North Carolina, in November, 1789; Rhode Island, May, 1790; Vermont, in January, 1791.-Six States accepted the Constitution without proposing any amendments, and seven States proposing amendments, most of which were afterwards adopted, and added to the original Constitution.

A quorum was not formed till the first of April, though March had been proposed by the old Congress, when it announced the adoption of the Constitution by nine States.

10 VIMU

CYTILOMMYY

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FEDERAL GOVERNMENT.

[1789 ized, and commenced the exercise of high political powers. This convention was called, not by the people of the States directly, but by their representatives, or the legislatures of the States; but the Constitution, prepared by the Convention, was adopted by delegates chosen by the people in each State; and is justly to be considered the act and will of the majority of the people (in the States respectively) as declared in the preamble, "We, the people," &c. The amendments to the federal Constitution, proposed by the first Congress, in 1789, in conformity to recommendations of most of the State Conventions which adopted it, were also sanctioned by the State legislatures, and not by Conventions specially called for the purpose. And this was agreeable to the fifth section of the third article of the Constitution, which points out the mode of amendments: so that it appears Conventions of delegates of the people are not necessary in making additions to the original compact; but it may be by the legislatures of the States. The amendment, respecting the election of President and Vice President, afterwards adopted, was made in this manner. But the difference is not material between these two modes of adopting amendments; as in either case, it is the act of the people by their representatives.

Up to the year 1789, from the time of the declaration of Independence, in July, 1776, and indeed from the beginning of 1775, the several States had assumed and exercised sovereign authority within their respective territories, although a continental Congress had been held from September, 1774 and united council and action had happily prevailed during the war of the Revolution. But that Congress, composed also of delegates from the several States, and appointed by the legislatures thereof, did not possess authority to carry into full effect the measures which they considered proper and important, without the consent of the State legislatures. It could only devise and recommend; and the decision of the several States was essential to consummate the plans and requisitions of the grand council of the confederacy. The imbecility and defects of such a political body were often felt and acknowledged, during the war for Independence, from 1775 to 1783; and when the contest with England was over, the defect was in some respects even more apparent and more deplored. By foreign governments, the thirteen States were considered as one nation; and the welfare and prosperity of the whole, in a domestic view, rendered it equally necesary-also, that there should be a supervising and gen

eral government, as to national objects and purposes. The debt incurred by the war was of great amount; and the credit and honor of the United States required its speedy payment. And, while the resources of the country were perceived to be fully adequate to its extinguishment, it was also evident, that so long as the States should act separately, there could be no just hope of accomplishing this most important object. Uniformity in measures through all the States, relating to foreign commerce and foreign intercourse, was found to be essential, as well for the reputation of the country with other nations, as for the present peace and future prosperity of the United States. Insurrection had already occurred in some of the States; and it was believed that the laws and measures of a single State had less authority and respect than those which should be adopted by a general government. In a word, there appeared to be no foundation for internal peace, for national prosperity, or for political respectability in the estimation of the civilized world, but in UNION. The most intelligent citizens, of undoubted patriotism and political knowledge and experience, in all the States, declared their conviction of the necessity of vesting greater power in Congress, as the only effectual remedy for existing evils, and for the prevention of future extensive national calamities.

Governor Bowdoin, of Massachusetts, expressed this opinion in two public addresses to the legislature, in 1785 and 1786; and near the close of the year last named, the General Assembly of Virginia adopted a resolution in favor of a continental Convention, for such a purpose.*

The great object proposed to be attained, when the Convention was called, was uniform and united action of all the States, "for the general welfare, for common defence, and for the security of the blessings of liberty;" and for delegating sufficient political authority to Congress, to direct, control and enforce all measures for the benefit of the States collectively. And this object was kept in view by the Convention which prepared the Constitution, and recommended it to the several States for adoption. It was provided, that the federal or general government, to be formed under it, should have authority to enact and execute all laws of a general nature, and affecting the whole

The first step was a meeting at Annapolis, in Maryland, September, 1786; but only five States were represented in the Convention; and nothing was then done, but to recommend a Convention of delegates from all the States to be held at Philadelphia in the Spring of 1787.-And the Virginia Assembly soon after proposed the same measure.

country; but did not give it power to legislate for the States on common local subjects, relating to their internal police.

The Convention was called "for the purpose of revising the articles of the Confederation, and for reporting to the several legislatures, such alterations and provisions therein, as should, when agreed to in Congress and confirmed by the States, render the federal compact adequate to the exigences of government and the preservation of the UNION."

There were different plans proposed in the Convention, as a remedy for the evils which existed, or were then apprehended. One was to grant full power to Congress, to regulate commerce, and to raise a revenue from imports to discharge the public debt; and to have Congress one body as it had formerly been. But the majority of the members early discovered a preference for a complete general government. And the great question was, whether it should be strictly national, or federal. The former system, it was supposed, would nearly annihilate the State governments, while the latter would be adequate to the objects in view, would still reserve to the States a great portion of their separate authority, and would be most agreeable to a large majority of the people. And the frame of Government, finally prepared and adopted, was of a federal rather than of a national government: or, as Mr. Madison has said, "was partly national and partly federal."

The Constitution of the United States, from which the federal Government derives its powers, was framed by men deputed by the legislature or authority of the several States; and, though it was submitted to the consideration of the people of the United States, and adopted by them through their delegates, its acceptance or ratification depended, not on the majority of the whole people in the aggregate, but on the majority of States. And it is evident there might have been a majority (or two-thirds) of the States in favor of the Constitution, without there being two-thirds of the whole people in all the States. The government, therefore, is a federal, rather than a national government, strictly speaking. Still, it is a general government; it is the government of the United States. Nine States constituted the requisite majority: but if Virginia, Massachusetts, Pennsylvania, and North Carolina had been opposed to it, by a large majority in each, there would not have been twothirds of the people for it. It was not a majority of the people, but of the States, then, which ratified the Constitution; and so the instrument itself provided and required.

The apportionment of the Senate is proof also, that the

general government is federal, and not strictly national. Every State is equally represented in that body, without regard to its population. But this is utterly irreconcilable with the doctrine of those, who say the general government is a national one, in which the whole people are equally represented. Neither numbers nor property are represented in the Senate; but States. The provision or principle which operates in the choice of President, when there has been no choice by the Electors, shows also the federal character of the government. Each State has a vote-instead of taking all the votes of the representatives in the aggregate, as in all cases where the numerical majority govern. It may, however, be justly said with Mr. Madison, that the government of the United States is partly federal and partly national. And yet the federal features prevail, and give the true character of the compact.*

The federal government was designed to be, and by a proper and natural construction of the Constitution, is, one of limited powers. Its jurisdiction or authority relate to certain specific objects, which are expressly enumerated. They are high and extensive powers; and with every intelligent man must be supposed to include the right to carry the specified powers into full effect. Any other construction would involve an absurdity. And yet the exercise of powers not expressly given, or clearly implied, would evidently be an unwarranted usurpation. In the exercise of powers fully given, Congress, or the federal government, is sovereign and uncontrollable by the States; much more so by a single State. But further and beyond such delegated power, it has not legitimate authority. All else remain with the States respectively, or with the people thereof. The man

*The Convention consisted of fifty members. Fifteen more were chosen, but did not attend. And several who attended did not put their names to the Constitution, as they disapproved of some parts of it but after it was adopted, they generally gave it their decided support. Some members, who attended the Convention a great part of its session, and who approved of the Constitution, were absent, when the vote passed for its adoption. The members of the Convention were not in proportionate numbers to the population of the respective States: Delaware had five, Pennsylvania eight, New Jersey five, Massachusetts only four, Virginia seven, New York three, Connecticut three, Maryland five, South Carolina four, North Carolina four, New Hampshire two, Georgia two. The difficulty was at once perceived of framing a general government, so as to avoid collision with State authority, and to be free from the charge of being imperium in imperio. And it was designed to guard against this difficulty and this imputation by stating to what subjects the power of the federal government should extend. In these cases, its authority is exclusive and paramount; and in all other cases, it is by implication, without just authority or jurisdiction.

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