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after their admission; and also within the same time to receive the sacrament of the Lord's supper, according to the usage of the church of England, in some public church immediately after divine service and sermon; and to deliver into court a certificate thereof signed by the minister and church-warden, and also to prove the same by two credible witnesses, upon forfeiture of 5007, and disability to hold the said office. And of much the same nature with these is the statute 7 Jac. I. c. 2., which permits no persons to be naturalized, or restored in blood, but such as undergo a like test; which test, having been removed in 1753, in favour of the Jews, was the next session of parliament restored again with some precipitation." It is easy to foresee, that without some prohibition of religious tests, a successful sect, in our country, might, by once possessing power, pass testlaws, which would secure to themselves a monopoly of all the offices of trust and profit, under the national government.2

1844. The seventh and last article of the constitution is: "The ratification of the conventions of "nine states shall be sufficient for the establish"ment of this constitution between the states so ratify"ing the same."

§1845. Upon this article it is now wholly unnecessary to bestow much commentary, since the constitution has been ratified by all the states. If a ratification had been required of all the states, instead of nine, as a condition precedent, to give it life and motion, it is now known, that it would never have

1 See also 2 Kent's Comm. Lect. 24, (2 edit.) p. 35, 36; Rawle on the Constitution, ch. 10, p. 121; 1 Tuck. Black. Comm. App. 296; 2 Tuck. Black. Comm. App. Note (G.), p. 3.

2 See ante, Vol. II, § 621.

been ratified. North Carolina in her first convention rejected it; and Rhode-Island did not accede to it, until more than a year after it had been in operation. Some delicate questions, under a different state of things, might have arisen. What they were, and how they were disposed of at the time, is made known by the Federalist, in a commentary upon the article, which will conclude this subject.

§ 1846. "This article speaks for itself. The express authority of the people alone could give due validity to the constitution. To have required the unanimous ratification of the thirteen states, would have subjected the essential interests of the whole, to the caprice or corruption of a single member. It would have marked a want of foresight in the convention, which our own experience would have rendered inexcusable.

§ 1847. "Two questions of a very delicate nature present themselves on this occasion. (1.) On what principle the confederation, which stands in the solemn form of a compact among the states, can be superceded without the unanimous consent of the parties to it? (2.) What relation is to subsist between the nine or more states ratifying the constitution, and the remaining few, who do not become parties to it?

§1848. "The first question is answered at once, by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature, and of nature's God, which declares, that the safety and happiness of society, are the objects, at which all political institutions

1 Ante, Vol. I, § 279.

aim, and to which all such institutions must be sacrificed. Perhaps, also, an answer may be found, without searching beyond the principles of the compact itself. It has been heretofore noted among the defects of the confederation, that, in many of the states, it had received no higher sanction, than a mere legislative ratification. The principle of reciprocity seems to require, that its obligation on the other states should be reduced to the same standard. A compact between independent sovereigns, founded on acts of legislative authority, can pretend to no higher validity, than a league or treaty between the parties. It is an established doctrine, on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach, committed by either of the parties, absolves the others; and authorizes them, if they please, to pronounce the compact violated, and void. Should it unhappily be necessary to appeal to these delicate truths, for a justification for dispensing with the consent of particular states to a dissolution of the federal pact, will not the complaining parties find it a difficult task to answer the multiplied and important infractions, with which they may be confronted? The time has been, when it was incumbent on us all to veil the idea, which this paragraph exhibits. The scene is now changed, and with it, the part, which the same motives dictated.

§ 1849. "The second question is not less delicate; and the flattering prospect of its being nearly hypothetical, forbids an over-curious discussion of it. It is one of those cases, which must be left to provide for itself. In general, it may be observed, that although no politi

cal relation can subsist between the assenting and dissenting states, yet the moral relations will remain uncancelled. The claims of justice, both on one side, and on the other, will be in force, and must be fulfilled; the rights of humanity must, in all cases, be duly and mutually respected; whilst considerations of a common interest, and above all, the remembrance of the endearing scenes, which are past, and the anticipation of a speedy triumph over the obstacles to re-union, will, it is hoped, not urge in vain moderation on one side, and prudence on the other."

§ 1850. And here closes our review of the constitution in the original form, in which it was framed for, and adopted by, the people of the United States. The concluding passage of it is, "Done in convention by the unanimous consent of all the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth." At the head of the illustrious men, who framed, and signed it, (men, who have earned the eternal gratitude of their country,) stands the name of GEORGE WASHINGTON, "President and Deputy from Virginia;” a name, at the utterance of which envy is dumb, and pride bows with involuntary reverence, and piety, with eyes lifted to heaven, breathes forth a prayer of profound gratitude.

1 The Federalist, No. 43.

CHAPTER XLIV.

AMENDMENTS TO THE CONSTITUTION.

1851. WE have already had occasion to take notice of some of the amendments made to the constitution, subsequent to its adoption, in the progress of our review of the provisions of the original instrument. The present chapter will be devoted to a consideration of those, which have not fallen within the scope of our former commentaries.

2

§ 1852. It has been already stated, that many objections were taken to the constitution, not only on account of its actual provisions, but also on account of its deficiencies and omissions. Among the latter, none were proclaimed with more zeal, and pressed with more effect, than the want of a bill of rights. This, it was said, was a fatal defect; and sufficient of itself to bring on the ruin of the republic. To this objection several answers were given; first, that the constitution did in fact contain many provisions in the nature of a bill of rights, if the whole constitution was not in fact a bill of rights; secondly, that a bill of rights was in its nature more adapted to a monarchy, than to a government, professedly founded upon the will of the people, and executed by their immediate representatives and agents; and, thirdly, that a formal bill of rights, beyond what was contained in it, was wholly unnecessary, and might even be dangerous.

3

1 Vol. I., B. 3, ch. 2.

2 2 Amer. Museum, 423, 424, 425; Id. 435; Id. 534; Id. 540, 543, 546; Id. 553.

3 The Federalist, No. 8; 3 Amer. Museum, 78, 79; Id. 559.

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