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
[92] King, in his notes, gives a résumé of his speech. It
illustrates the accuracy of Madison's reporting:
"Answer (R. King) The States under the confed. are
not sovereign States they can do no act but such as
are of a subordinate nature or such as terminate in
themselves--and even these are restrained--coinage,
P. office &c. they are wholly incompetent to the
exercise of any of the gt. & distinguishing acts of
sovereignty--They can neither make nor receive
(embassies) to or from any other sovereign--they
have not the powers of injuring another or of
defending themselves from an Injury offered from one
another--they are deaf, dumb and impotent--these
Faculties are yielded up and the U. S. in C. Assd.
hold and possess them, and they alone can exercise
them--they are so far out of the controul of the
separate States yt. if every State in the Union was
to instruct yr. Deleg., and those Delegates within
ye powers of the Arts. of Union shd. do an act in
violation of their Instructions it wd. nevertheless
be valid. If they declared a war, any giving aid or
comfort to the enemy wd. be Treason; if peace, any
capture on the high seas wd. be piracy. This remark
proves yt. the States are now subordinate
corporations or societies and not sovereigns--these
imperfect States are the confederates and they are
the electors of the magistrates who exercise the
national sovereignty. The Articles of Confedr. and
perpetual Union, are partly federal & partly of the
nature of a constitution or form of Govt. arising
from and applying to the Citizens of the U. S. & not
from the individual States.
"The only criterion of determining what is federal &
what is national is this, those acts which are for
the government of the States only are purely
federal, those which are for the government of the
Citizens of the individual States are national and
not federal.
Public-domain text, read in full here on John Shaqi.
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