Not for the kingly grandeur and power of government,but for the happiness,safety and liberty of "the people of the several States."Nothing could possibly be stronger than the determination pervading the mind of the Federal Convention to sacrifice no iota of the essential sovereignty of the States in the formation of the general Union.This feeling was most happily expressed by Chief Justice Ellsworth,of Connecticut,in,the Convention that framed our Constitution,in the following words:"I want domestic happiness as well as general security.A General Government will never grant me this,as it cannot know my wants,nor relieve my distress.My State is only as one out of thirteen.Can they,the General Government,gratify my wishes?My happiness depends as much on the existence of my State Government as a new-born infant depends upon its mother for nourishment."In the Convention of Massachusetts,Fisher Ames said:"A consolidation of the States would subvert the new Constitution,and against which this article is our best security.Too much provision cannot be made against consolidation.The State Governments represent the wishes and feelings,and local interests of the people.They are the safeguard and ornament of the Constitution;they will protract the period of our liberties;they will afford a shelter against the abuse of power,and will be the natural avengers of our violated rights."Such were the views and sentiments of the men who framed and who adopted the Federal Constitution.But Judge Story belonged to another school of politicians,and his Commentaries upon the Constitution were written in the interests of the Consolidationists,who have ever insisted on giving that instrument an interpretation in harmony with their wishes and ideas.
This review of Judge Upshur,however,does not leave a single point of the Federalistic heresy unanswered.It will ever stand as a text-book of the true theory of our government.We are confident that no book has ever appeared in this country which so thoroughly meets the demands of the present hour.With this book in his hand,the Democratic statesman or orator is armed at every point against the sophistries of the foes of State sovereignty and self-government.There is no vital point which it does not discuss and settle upon the basis of invulnerable truth.
The Notes which we have added,we hope,will be found useful to the unprofessional reader.They will show that the authors reasoning is confirmed by our Constitutional history and by the early decisions of the Supreme Court.
In every instance,our own Notes are distinguished from those of the author by our initials ?
"C.C.B."PREFACE BY THE AUTHOR.The book to which the following pages relate has been for several years before the public.It has been reviewed by some of the principal periodicals of the country,and recommended in the strongest terms to public favor.
I have no disposition to detract from its merits as a valuable compendium of historical facts,or as presenting just views of the Constitution in many respects.My attention has been directed to its political principles alone,and my sole purpose has been to inquire into the correctness of those principles,so far as they relate to the true nature and character of our Federal Government,It may well excite surprise,that so elaborate a work as this of Judge Story,and one so well calculated to influence public opinion,should have remained so long unnoticed by those who do not concur in the author's views.
No one can regret this circumstance,more than I do;for I would willingly have devolved upon abler hands the task which I now have undertaken.I offer no apology for the manner in which that task has been performed.
It is enough for me to say,that the reader,howsoever favorable his opinion of this essay may be will not be more sensible of its imperfections than I am.I know that the actual practice of the Federal Government for many years past,and the strong tendencies of public opinion in favor of federal power,forbid me to hope for a favorable reception,except from the very few who still cherish the principles which I have endeavored to reestablish.
The following essay was prepared about three years ago,with a view to its publication in one of our periodical reviews.Circumstances,which it is unnecessary to mention,prevented this from being done,and the work was laid aside and forgotten.My attention has been again called to it within a few weeks past,and I am now induced to give it to the public,under the hope that it may not be without its influence in directing the attention of those,who have not yet lost all interest in the subject,to the true principles of our constitution of government.
I do not claim the merit of originality.My conclusions are drawn from the authentic information of history,and from a train of reasoning,which will occur to every mind,on the facts which history discloses.My object will be answered,if even the few by whom these pages will probably be read shall be induced to re-examine,with a sincere desire after truth,the great principles upon which political parties in our country were once divided,but which there is much reason to fear are no longer respected,even if they be not wholly forgotten.
I do not offer this essay as a commentary on the Federal Constitution.
Having proposed to myself but a single object,I have endeavored to compress my matter within as small a compass as possible,consistent with a due regard to clearness,and a proper reference to authorities,where authorities are relied on.
