Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
The safety of our constitutional rights consists in having the business of
governments lodged in different departments, and in having each part well
defined. By this means each branch is kept within the constitutional
limits. Never was a fairer line of distinction than what may be easily
drawn between the continental and state governments. The latter provide
for all cases, whether civil or criminal, that can happen ashore, because
all such causes must arise within the limits of some state. Transactions
between citizens may all be fairly included in this idea, even although
they should arise in passing by water from one state to another. But the
intercourse between us and foreign nations properly forms the department
of Congress. They should have the power of regulating trade under such
limitations as should render their laws equal. They should have the right
of war and peace, saving the equality of rights, and the territory of each
state. But the power of naturalization and internal regulation should not
be given them. To give my scheme a more systematick appearance, I have
thrown it into the form of a resolve, which is submitted to your wisdom
for amendment, but not as being perfect.
“Resolved, that the form of government proposed by the federal convention,
lately held in Philadelphia, be rejected on the part of this commonwealth;
and that our delegates in Congress are hereby authorised to propose on the
part of this commonwealth, and, if the other states for themselves agree
thereto, to sign an article of confederation, as an addition to the
present articles, in the form following, provided such agreement be made
on or before the first day of January, which will be in the year of our
Lord 1790; the said article shall have the same force and effect as if it
had been inserted in the original confederation, and is to be construed
consistently with the clause in the former articles, which restrains the
United States from exercising such powers as are not expressly given.
Public-domain text, read in full here on John Shaqi.
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