The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
_Force_ by which may be understood a _coercion of laws_ or _coercion of
arms_. Cong^s have not the former except in few cases. In particular
States, this Coercion is nearly sufficient; tho' he held it in most
cases, not entirely so. A certain portion of military force is
absolutely necessary in large communities. Mass^{ts} is now feeling this
necessity & making provision for it. But how can this force be exerted
on the States collectively. It is impossible. It amounts to a war
between the parties. Foreign powers also will not be idle spectators.
They will interpose, the confusion will increase, and a dissolution of
the Union will ensue. 5. _Influence._ he did not mean corruption, but a
dispensation of those regular honors & emoluments, which produce an
attachment to the Gov^t. Almost all the weight of these is on the side
of the States; and must continue so as long as the States continue to
exist. All the passions then we see, of avarice, ambition, interest,
which govern most individuals, and all public bodies, fall into the
current of the States, and do not flow into the stream of the Gen^l
Gov^t. The former therefore will generally be an overmatch for the Gen^l
Gov^t and render any confederacy, in its very nature precarious. Theory
is in this case fully confirmed by experience. The Amphyctionic Council
had it would seem ample powers for general purposes. It had in
particular the power of fining and using force ag^{st} delinquent
members. What was the consequence. Their decrees were mere signals of
war. The Phocian war is a striking example of it. Philip at length
taking advantage of their disunion, and insinuating himself into their
councils, made himself master of their fortunes. The German Confederacy
affords another lesson. The Authority of Charlemagne seemed to be as
great as could be necessary. The great feudal chiefs however, exercising
their local sovereignties, soon felt the spirit & found the means of,
encroachments, which reduced the imperial authority to a nominal
sovereignty. The Diet has succeeded, which tho' aided by a Prince at its
head, of great authority independently of his imperial attributes, is a
striking illustration of the weakness of Confederated Governments. Other
examples instruct us in the same truth. The Swiss cantons have scarce
any union at all, and have been more than once at war with one
another.--How then are all these evils to be avoided? only by such a
compleat sovereignty in the General Goverm^t as will turn all the strong
principles & passions abovementioned on its side. Does the scheme of N.
Jersey produce this effect? does it afford any substantial remedy
whatever? On the contrary it labors under great defects, and the defect
of some of its provisions will destroy the efficacy of others. It gives
a direct revenue to Cong^s but this will not be sufficient. The balance
can only be supplied by requisitions: which experience proves cannot be
relied on. If States are to deliberate on the mode, they will also
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