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
Col. Hamilton coincided with the proposition as it stood in the Report.
He had not been understood yesterday. By an abolition of the States, he
meant that no boundary could be drawn between the National & State
Legislatures; that the former must therefore have indefinite authority.
If it were limited at all, the rivalship of the States would gradually
subvert it. Even as Corporations the extent of some of them as V^a
Mass^{ts} &c. would be formidable. _As States_, he thought they ought to
be abolished. But he admitted the necessity of leaving in them,
subordinate jurisdictions. The examples of Persia & the Roman Empire,
cited by (M^r Wilson) were he thought in favor of his doctrine: the
great powers delegated to the Satraps & proconsuls having frequently
produced revolts, and schemes of independence.
M^r King wished as every thing depended on this proposition, that no
objections might be improperly indulged ag^{st} the phraseology of it.
He conceived that the import of the term "States" "Sovereignty"
"_national_" "federal," had been often used & applied in the discussions
inaccurately & delusively. The States were not "Sovereigns" in the sense
contended for by some. They did not possess the peculiar features of
sovereignty, they could not make war, nor peace, nor alliances nor
treaties. Considering them as political Beings, they were dumb, for they
could not speak to any for[~e]gn Sovereign whatever. They were deaf, for
they could not hear any propositions from such Sovereign. They had not
even the organs or faculties of defence or offence, for they could not
of themselves raise troops, or equip vessels, for war. On the other
side, if the Union of the States comprises the idea of a confederation,
it comprises that also of consolidation. A Union of the States is a
Union of the men composing them, from whence a _national_ character
results to the whole. Cong^s can act alone without the States--they can
act & their acts will be binding ag^{st} the Instructions of the States.
If they declare war: war is de jure declared--captures made in pursuance
of it are lawful--no Acts of the States can vary the situation, or
prevent the judicial consequences. If the States therefore retained some
portion of their sovereignty, they had certainly divested themselves of
essential portions of it. If they formed a confederacy in some
respects--they formed a Nation in others. The Convention could clearly
deliberate on & propose any alterations that Cong^s could have done
under y^e federal articles, and Could not Cong^s propose by virtue of
the last article, a change in any article whatever; and as well that
relating to the equality of suffrage, as any other. He made these
remarks to obviate some scruples which had been expressed. He doubted
much the practicability of annihilating the States; but thought that
much of their power ought to be taken from them.[92]
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