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
M^r Madison. Much stress has been laid by some gentlemen on the want of
power in the Convention to propose any other than a _federal_ plan. To
what had been answered by others, he would only add, that neither of the
characteristics attached to a _federal_ plan would support this
objection. One characteristic, was that in a _federal_ Government, the
power was exercised not on the people individually; but on the people
_collectively_, on the _States_. Yet in some instances as in piracies,
captures &c. the existing Confederacy, and in many instances the
amendments to it proposed by M^r Patterson, must operate immediately on
individuals. The other characteristic was, that a _federal_ Gov^t
derived its appointments not immediately from the people, but from the
States which they respectively composed. Here too were facts on the
other side. In two of the States, Connect^t & Rh. Island, the delegates
to Cong^s were chosen, not by the Legislatures, but by the people at
large; and the plan of M^r P. intended no change in this particular.
It had been alledged (by M^r Patterson), that the Confederation having
been formed by unanimous consent, could be dissolved by unanimous
Consent only. Does this doctrine result from the nature of compacts?
does it arise from any particular stipulation in the articles of
Confederation? If we consider the federal Union as analagous to the
fundamental compact by which individuals compose one Society, and which
must in its theoretic origin at least, have been the unanimous act of
the component members, it cannot be said that no dissolution of the
compact can be effected without unanimous consent. A breach of the
fundamental principles of the compact by a part of the Society would
certainly absolve the other part from their obligations to it. If the
breach of _any_ article by _any_ of the parties, does not set the others
at liberty, it is because, the contrary is _implied_ in the compact
itself, and particularly by that law of it, which gives an indefinite
authority to the majority to bind the whole in all cases. This latter
circumstance shews that we are not to consider the federal Union as
analagous to the social compact of individuals: for if it were so, a
Majority would have a right to bind the rest, and even to form a new
Constitution for the whole, which the Gentl^n from N. Jersey would be
among the last to admit. If we consider the federal Union as analagous
not to the Social compacts among individual men: but to the conventions
among individual States, What is the doctrine resulting from these
conventions? Clearly, according to the Expositors of the law of Nations,
that a breach of any one article by any one party, leaves all the other
parties at liberty, to consider the whole convention as dissolved,
unless they choose rather to compel the delinquent party to repair the
breach. In some treaties indeed it is expressly stipulated that a
violation of particular articles shall not have this consequence, and
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account