The Records of the Federal Convention of 1787, vol. 1 by Max Farrand

Author:Max Farrand
Language: eng
Format: epub
Publisher: oll.libertyfund.org
Published: 2016-05-24T16:00:00+00:00

KING

18 [19] June

Madison

Confedn. unanimously adopted can be dissolved only by unanimous consent — this Position is not true — A contract entered into by men or societies may be dissolved by the breach of a single Articles — this is the case in Treaties — sometimes however provision is made that the Breach of a single Article shall not dissolve the Contn. or Treaty

[330]

Georgia has declared & prosecuted a war agt. the Indians — they have treated with them — N Jersey has expressly refused a constitutional Requisition — Virginia & Maryland have formed a Contract relative to the Potomack — Pennsylvania & NYk have agreed about their boundary — Massachussets has raised an Army, & are now about to augment that Establishment —

Will a federal Govt. answer —

Amphictions — to decide between the members — to mulct offenders — command the forces, sent Embass. chose the Comr. in Chief, and used the Genl. Forces agt. the deficient —

Athenian confed. similar to the Amphictions — their fate terminated by the strength of the members

Helvetic Confed. loose & weak and not like our situation —

Germanic Confedy.

Loose & weak, the strength of individual Members exceed that of the whole —

The Netherlands — weak — no powers —

Wilson

I dont agree that the Genl. Govt. will swallow up the states or yr. Government — I think they must be preserved they must be continued — they may live in harmony with the Genl. Government — our Country is too extensive for a single Govt. no Despot ever did govern a country so extensive — Persia is divided into 20 subordinate Govts. Rome governed by her Proconsuls — Alfred adopted the plan and formed societies of 10, to those of 100ds towns counties, &c —26

[331]

Objections to a general or national Govt.27

This convention does not possess authority to propose any reform which is not purely federal —

2. If they proposed such power it wd be inexpedient to exercise it, because the small States wd. loose their State influence or equality, and because the Genius of the people is of that sort that such a Reform wd. be rejected —

Answer — 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 then in some instances they are restrained — Coinage. P. Office &c they are wholly incompentent to the exercise of any of the Gt. & distinguishing acts of Sovereignty — They can neither make nor receive to or from any other sovereign they have not the powers of injuring another, or of defending themselves from an Injury offered from another — they are deaf, dumb, and impotent — these Faculties are yielded up and the US 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.

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