Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-03-31
FROM THE BOSTON, CENTINEI,
TO THE EDITOR OF THE cEST1N Ell.

Ii has never, believe, been serious
ly insisted that the resolve of the Leg
islature Of Massachusetts appointing the
Hartford Convention is upon its face re-
pugnant to the Constitution of the Uni
ted States. 1t was in these words:
Resol,ed, That twelve persons be appoint-
ed as Delegates from this Commonwealth to
meet and confer with Delegates from the
other New-EMgland States. or any other upon
the subject OF their public grievances and con-
cerns' and upon the best means of preserving
our resources, and Of defence against the en-
envy, and TO devise and suggest for adoption
by those respective States such measures as
they may deem expedient, and also to take
measures, itthey shall think it proper, for pro-
curing Convention of Delegates from all the
United States, in order to revise the Constitu-
ton thereof, and more efectually to secure
the support and attachment of all the people
by placing all ,.pon the basis Of fair represen-
tation."
Coupled with this resolution, it is also
proper, though not essential TO the in
curry, to take into view The circular lei
Ter written under an order of the Gen
eral Court by the President of the Sen
ate, and Speaker Of the House, 10 the
Executives OF other States, from which
IS made The following extract =
= The general objects of the proposed con,
ference are, first, to deliberate upon the dan
gers to which the eastern section of the Union
Is exposed by the course of the war, and
which there is too much reason to believe will
thlcken round them in It's progress, and to de-
wise, fpTacticctie, meats OF security and de-
fence which may be consistent with the pres
er"atlon OF their resource from total ruin and
adapted 10 their locG! situation, mutual rela-
! tons and habits, ana NOT repugnapt to their
obligations as memDers OF the union.''
The tORs;ltutonality of the forego-
ing resolve must be determined by a
comparison OF its tenor with the pro-
visions Of the Constitution itself 1t is
presumed that the only clauses in that
instrument 5ea!inE on this point are in
the l0lR section OF the first article.
! h" ~ State shall enter mo any treaty.
alliance, confederation" SC. This Is
! Peremplory az, unqualified. Again.
= = state shah, 7Y;tiOyt lie consent OF
: Congress, entcr iHto any compact or
agreement vita another State" sc.
It is then beyond dispute that States.
TrltA ltc coaSc&t Of Congress, may enter
with each Other INTO compacts or agree
;nents, not beng treaties, alliances OF
considerations. They mast then have
a right to meet and confer together
previously TO the consent Of Congress.
so as To be able TO discuss and adjus,
the terms Of compact or agreement.
10 be submitted TO Congress for its sub
scGNcnt consent Otherwise in many
cases t.lc power 10 make such compacts
with lie consent Of Congress would be
Augacry. For such consent could not
always be expected, until the agree
ment on which it was 20 operate, should
be dgczted into such form as would en-
able Congress 10 act with full under
Standing oj its true character. The
consent oi Congress is then not requis-
tie as preliminary 10 meeting and con-
ierc14cc. Ii an agreement be made to
which the SANCTION Of Congress is re-
fused, il becomes void al 2ajt;o, and this
is an all sut!lcirg security. The prac-
tice of ali the States having questions
OF interest or controversies with each
other is in unison with this theory.
! Massachusetts and Maine have had re-
| Peated Conventions on The subject G,
their lands and other property. That is
to say, their respective commissioners
have met and conferred with each 9th
er. And it would seem to be rigid
construction ofthe Constitution, which
has never entered any brain, that two
States could not determine question
OF boundary, or of i common road. or
river navigation, or confer upon the
project of a Canal through their res
pectye territories, IN the first Instance,
different usage has prevailed, it is
believed, universally. A deputalion
from the Legislature of Kentucky was
lately sent to that OF Virginia. After
wards another was sent from Virginia
to Kentucky. If the respective COM
missloners had met each other, instead
OF meeting the several Legislatures,
this would have been Convention or
If they had any way settled the matter
In controversy between them, they
would have made ap inchoate compact.
Still more lately a Convention from
several States had been held at Wash
inglon, for the purpose of making Ca
nal, and it is expected that the Legisla-
lures of these States will first concur in
the project, and then apply to Congress
for aid and consent. And 1t is presuma-
bic, if the Legislature of three or four
States, favorable to the views of admin
istratlon, had appointed Commissioners
TO meet at Richmond or Norfolk during
the war to concert measures for aiding
the National Government in fortifying
or defending the Chesapeake that far
| from affiyinO IN such maot;no. tbo o,;