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
even that particular articles shall remain in force during war, which
in general is understood to dissolve all subsisting Treaties. But are
there any exceptions of this sort to the Articles of Confederation? So
far from it that there is not even an express stipulation that force
shall be used to compell an offending member of the Union to discharge
its duty. He observed that the violations of the federal articles had
been numerous & notorious. Among the most notorious was an act of N.
Jersey herself; by which she _expressly refused_ to comply with a
Constitutional requisition of Cong^s and yielded no farther to the
expostulations of their deputies, than barely to rescind her vote of
refusal without passing any positive act of compliance. He did not wish
to draw any rigid inferences from these observations. He thought it
proper however that the true nature of the existing confederacy should
be investigated, and he was not anxious to strengthen the foundations on
which it now stands.
Proceeding to the consideration of M^r Patterson's plan, he stated the
object of a proper plan to be twofold. 1. to preserve the Union. 2. to
provide a Governm^t that will remedy the evils felt by the States both
in their united and individual capacities. Examine M^r P'^s plan, & say
whether it promises satisfaction in these respects.
1. Will it prevent the violations of the law of nations & of Treaties
which if not prevented must involve us in the calamities of foreign
wars? The tendency of the States to these violations has been manifested
in sundry instances. The files of Cong^s contain complaints already,
from almost every Nation with which treaties have been formed. Hitherto
indulgence has been shewn to us. This cannot be the permanent
disposition of foreign nations. A rupture with other powers is among the
greatest of national calamities. It ought therefore to be effectually
provided that no part of a nation shall have it in its power to bring
them on the whole. The existing Confederacy does not sufficiently
provide against this evil. The proposed amendment to it does not supply
the omission. It leaves the will of the States as uncontrouled as ever.
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