Sidor som bilder
PDF
ePub

1839]

THE INDISSOLUBLE LINK OF UNION.

191

one party to a contract to perform its obligations absolves the other from the reciprocal fulfillment of its own. But this last of earthly powers is not necessary to the freedom or independence of States connected together by the immediate action of the people of whom they consist. To the people alone is there reserved as well the dissolving as the constituent power, and that power can be exercised by them only under the tie of conscience, binding them to the retributive justice of Heaven.

"With these qualifications, we may admit the same right as vested in the people of every State in the Union, with reference to the General Government, which was exercised by the people of the united colonies with reference to the supreme head of the British Empire, of which they formed a part; and under these limitations have the people of each State in the Union a right to secede from the confederated Union itself.

"Thus stands the RIGHT. But the indissoluble link of union between the people of the several States of this confederated nation is, after all, not in the RIGHT, but in the HEART. If the day should ever come (may Heaven avert it!) when the affections of the people of these States shall be alienated from each other, when the fraternal spirit shall give way to cold indifference, or collision of interests shall fester into hatred, the bonds of political association will not long hold together parties no longer attracted by the magnetism of conciliated interests and kindly sympathies; and far better will it be for the people of the disunited States to part in friendship with each other than to be held together by constraint. Then will be the time for reverting to the precedents which occurred at the formation and adoption of the Constitution, to form again a more perfect Union, by dissolving that which could no longer bind, and to leave the separated parts to be reunited by the law of political gravitation to the center."

Perhaps it is unfortunate that, in earlier and better times, when the prospect of serious difficulties first arose, a convention of the States was not assembled to consider the relations of the various States and the Government of the Union. As time rolled on, the General Government, gathering with both hands a mass of undelegated powers, reached that position which Mr. Jefferson had pointed out as an intolerable evil the claim of a right to judge of the extent of its own authority. Of those

then participating in public affairs, it was apparently useless to ask that the question should be submitted for decision to the parties to the compact, under the same conditions as those which controlled the formation and adoption of the Constitution; otherwise, a convention would have been utterly fruitless, for at that period, when aggression for sectional aggrandizement had made such rapid advances, it can scarcely be doubted that more than a fourth, if not a majority of States, would have adhered to that policy which had been manifested for years in the legislation of many States, as well as in that of the Federal Government. What course would then have remained to the Southern States? Nothing, except either to submit to a continuation of what they believed and felt to be violations of the compact of union, breaches of faith, injurious and oppressive usurpation, or else to assert the sovereign right to reassume the grants they had made, since those grants had been perverted from their original and proper purposes.

Surely the right to resume the powers delegated and to judge of the propriety and sufficiency of the causes for doing so are alike inseparable from the possession of sovereignty. Over sovereigns there is no common judge, and between them can be no umpire, except by their own agreement and consent. The necessity or propriety of exercising the right to withdraw from a confederacy or union must be determined by each member for itself. Once determined in favor of withdrawal, all that remains for consideration is the obligation to see that no wanton damage is done to former associates, and to make such fair settlement of common interests as the equity of the case may require.

1778]

FORMATION OF A NEW PLAN.

193

CHAPTER XV.

A Bond of Union necessary after the Declaration of Independence.-Articles of Confederation.-The Constitution of the United States.-The Same Principle for obtaining Grants of Power in both.-The Constitution an Instrument enumerating the Powers delegated.-The Power of Amendment merely a Power to amend the Delegated Grants.—A Smaller Power was required for Amendment than for a Grant.-The Power of Amendment is confined to Grants of the Constitution.-Limitations on the Power of Amendment.

In July, 1776, the Congress of the thirteen united colonies declared that "these united colonies are, and of right ought to be, free and independent States." The denial of this asserted right and the attempted coercion made it manifest that a bond of union was necessary, for the common defense.

In November of the next year, viz., 1777, articles of confederation and perpetual union were entered into by the thirteen States under the style of "The United States of America." The government instituted was to be administered by a congress of delegates from the several States, and each State to have an equal voice in legislation. The Government so formed was to act through and by the States, and, having no power to enforce its requisitions upon the States, embarrassment was early realized in its efforts to provide for the exigencies of war. After the treaty of peace and recognition of the independence of the States, the difficulty of raising revenue and regulating commerce was so great as to lead to repeated efforts to obtain from the States additional grants of power. Under the Articles of Confederation no amendment of them could be made except by the unanimous consent of the States, and this it had not been found possible to obtain for the powers requisite to the efficient discharge of the functions intrusted to the Congress. Hence arose the proceedings for a convention to amend the articles of confederation. The result was the formation of a new plan of government, entitled "The Constitution of the United States of America."

This was submitted to the Congress, in order that, if approved by them, it might be referred to the States for adoption.

or rejection by the several conventions thereof, and, if adopted by nine of the States, it was to be the compact of union between the States so ratifying the same.

The new form of government differed in many essential particulars from the old one. The delegates, intent on the purpose to give greater efficiency to the government of the Union, proposed greatly to enlarge its powers, so much so that it was not deemed safe to confide them to a single body, and they were consequently distributed between three independent departments of government, which might be a check upon one another. The Constitution did not, like the Articles of Confederation, declare that the States had agreed to a perpetual union, but distinctly indicated the hope of its perpetuity by the expression in the preamble of the purpose to "secure the blessings of liberty to ourselves and our posterity." The circumstances under which the Union of the Constitution was formed justified the hope of its perpetuity, but the brief existence of the Confederation may have been a warning against the renewal of the assertion that the compact should be perpetual.

A remedy for the embarrassment which had been realized, under the Articles of Confederation, in obtaining amendments to correct any defects in grants of power, so as to render them effective for the purpose for which they were given, was provided by its fifth article. It is here to be specially noted that new grants of power, as asked for by the Convention, were under the Articles of Confederation only to be obtained from the unanimous assent of the States. Therefore it followed that two of the States which did not ratify the Constitution were, so long as they retained that attitude, free from its obligations. Thus it is seen that the same principle in regard to obtaining grants of additional power for the Federal Government formed the rule for the Union as it had done for the Confederation; that is, that the consent of each and every State was a prerequisite. The apprehension which justly existed that several of the States might reject the Constitution, and under the rule of unanimity defeat it, led to the seventh article of the Constitution, which provided that the ratification by the conventions of nine States should be sufficient for the establishment of the Constitution

1787]

THE POWERS OF AMENDMENT.

195

between the States ratifying it, which of course contemplated leaving the others, more or less in number, separate and distinct from the nine States forming a new government. Thus was the Union to be a voluntary compact, and all the powers of its government to be derived from the assent of each of its members.

These powers as proposed by the Constitution were so extensive as to create alarm and opposition by some of the most influential men in many of the States. It is known that the objection of the patriot Samuel Adams was only overcome by an assurance that such an amendment as the tenth would be adopted. Like opposition was by like assurance elsewhere overcome. That article is in these words: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people."

Amendment, however, of the delegated powers was made more easy than it had been under the Confederation. Ratification by three fourths of the States was sufficient under the Constitution for the adoption of an amendment to it. As this power of amendment threatens to be the Aaron's rod which will swallow up the rest, I propose to give it special examination. What is the Constitution of the United States? The whole body of the instrument, the history of its formation and adoption, as well as the tenth amendment, added in an abundance of caution, clearly show it to be an instrument enumerating the powers delegated by the States to the Federal Government, their common agent. It is specifically declared that all which was not so delegated was reserved. On this mass of reserved powers, those which the States declined to grant, the Federal Government was expressly forbidden to intrude. Of what value would this prohibition have been, if three fourths of the States could, without the assent of a particular State, invade the domain which that State had reserved for its own exclusive use and control?

It has heretofore, I hope, been satisfactorily demonstrated that the States were sovereigns before they formed the Union, and that they have never surrendered their sovereignty, but

« FöregåendeFortsätt »