Название: Confederate Military History
Автор: Jabez Lamar Monroe Curry
Издательство: Bookwire
Жанр: Документальная литература
Серия: Confederate Military History
isbn: 9783849659073
isbn:
One wonders how these revolutions and iniquities have been accomplished. Governor Morris wrote to Timothy Pickering that ‘the legislative lion will not be entangled in the meshes of a logical net. The legislature will always make the power which it wishes to exercise.’ One of the ablest expounders of the Constitution deplores ‘the science of verbality,’ the artifice of so verbalizing as to assail and destroy the plainest provisions. The instrumentality of inference has sapped and mined our political system. Acuteness of misinterpretation and construction has accomplished what the framers of the Constitution exerted all their faculties, by specifications and restrictions, to prevent, so that constructive powers have been as seed-bearing of mischief and usurpation as the doctrine of constructive treason. Alexander Hamilton believed honestly that nothing short of monarchical institutions would prove adequate to the wants of the country, and in the convention of 1787 he sought to conform the new government, while in process of construction, to the model of the British, which he regarded as the best ever devised by the wit of man. He had not a single supporter, and afterward, ably and effectively, with marked patriotism, he threw his pen and voice in favor of ratification. But this he did avowedly as a temporary bond of union and as the only avenue of escape from anarchy. Appointed to assist in carrying the government into effect and sincerely believing that with no other powers than those he so well knew it was intended to authorize, it must prove a failure, and the government must go to pieces, he decided unhesitatingly to do under it whatever he, in good faith, might think would promote the general welfare, without reference to the intention of the authors of the Constitution. The discussions to show that his principal measures were authorized by the instrument, were in deference to the prejudices and ideas of the people—nothing more. The principle of construction he espoused was to make good all laws which Congress might deem conducive to the general welfare, and which were not expressly prohibited, a power similar to that contained in the plan he proposed in the convention. He desired, in short, to make the Constitution a tablet of wax upon which each successive administration would be at liberty to impress its rescripts to be promulgated as constitutional edicts. (Van Buren's Pol. Parties in U. S., 211, 213.) Hamilton laid the foundation of his policy so deep and with so much skill that it has been impossible to reverse especially under conditions so favorable to centralization. He invoked in support of his measures the selfishness, the cupidity, the ambition of classes, and sought to make the strength of the government depend, as in England, on the interested support of an intelligent and combined few. An impulse in accordance with his theory was impressed, and has since been constantly strengthened. It is not uncommon to hear the Constitution ridiculed as an abstraction, or an effete formula. The government has grievously departed from its federal character, and reserved powers are so far removed from possible application in case of controversy, that State rights, when seriously mentioned, provoke contempt or ridicule. In 1824 Jefferson wrote to Van Buren: ‘General Washington was himself sincerely a friend to the republican principles of our Constitution. His faith might not, perhaps, have been as confident as mine, but he repeatedly declared to me that he was determined it should have a fair chance of success, and that he would lose the last drop of his blood in its support against any attempt which might be made to change it from its republican form.’
Why the South resisted Federal encroachments.
It can now be clearly seen why the South, being a minority section, with agriculture as the chief occupation and with the peculiar institution of African slavery fastened on her by Old England and New England, adhered to the State rights or Jeffersonian school of politics. Those doctrines contain the only principles or policy truly conservative of the Constitution. Apart from them, checks and limitations are of little avail, and the Federal government can increase its powers indefinitely. Without some adequate restraint or interposition, the whole character of the government is changed, and forms, if retained, will be, as they have been in other countries, merely the disguises for accomplishing what selfishness or ambition may dictate. The truest friends of the republic have been those who have insisted upon obedience to constitutional requirements. The real enemies, the true disunionists, have been those who, under the disguise of a deceptive name, have perverted the name and true functions of the government and have usurped, for selfish or partisan ends, or at the demand of crazy fanaticism, powers which States never surrendered. Those who contend most strenuously for the rights of the States and for a strict construction of the Constitution are the genuine lovers and friends of the Union. Their principles conserve law, good order, justice, established authority; and their unselfish purpose СКАЧАТЬ