Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-06-11
aaiIg Appea.
nr w a cessTlrUrIoa

a. haicf conmocel
.eppbBe r~seessily sspt to be pablic feeling
and on ais rsfk w are in danger OF MAXIM
shipWrecks osAtb& bill Of rights.o-DAN1Ei
W~EHsrER, e PieS h44l)
The giant statesuan who framed the system
Of govsrnment pnsAyhieh We had attsi5es -
much prosperp "a happiness, until The
spoier came eious precision fore
saw that as g ambition might
seek pelr The expense Of the
oFertnrove 1brie erected with 90 much
care.
Every Nection which Hisdom could sng-
eeat va ofaeed around their work; il
ueeh te nrst Of thai mutual concession and
cemprcmise; its foHa6ars decreed that mutual
forbearsnce should be the price Of ia safetv.
andhat the bond Of Union should never Sc
one Of force and violence.
Aney Intentionally withhold from the Fede-
tei uoVefnment al right ot coercion Of arms
eselnst the respective States, in order to insure
Oat mutusl foTbearance essential TO the pres
ergation Of a common union.
learn from the MaSisoa Papers that in
A.sts on tie formation OF our present Consti-
Iutons the following propositions vera intro
aueed before the convention then in session;
Isl, By Mr.. Randolph and Mr.. Patterson,
@toa- II any State, or any body Of men in any
state, snail oppose or prevent the carrying into
execution such acts OF treaties (of the Gene
raj Government) he Federal Executive shall
be authorized 10 cali forth the power Of the
~CoutederEted States, or 60 much thereof as
nay be Necessary 70 enforce and compel an
ooedienee to such acts, or an Observance OF
such treaties"
ID, hy Mr. Pihekney, Cas a substitute 20
give an additional power to the Federal Legis-
ture ~to negative an laws passed by the sew
eral states, interfering, in the opinion Of the
legislature, Eith the general interests and har-
mony CT TIE Union, provided tWo-thir5s Of the
members of each house assent to the ssme.o
General Hamilton opposed both PROPOSE
tons; ard never have we had such cause to re-
gres that that eloquent voice is stilled in death,
a. now. in the course of bis powerful argu-
rent before TIE convention, in discussing the
question OF coercion Of arm against a state,
Ge1rral Hamilton said:
+" But how can this force be eKerted on The
States collectively Il il impossible. Il
amounts 70 q war between The parties. For
eign powers also viii not Be idle spectators.
Thsy viii interpOse; the confusion viii in
crease, and g dissolution Of The Union viii
ensue."
At an eariv period Of the debate Mr.. Madi-
son observed, &" that The more be reflected on
the use Of force. the more be doubted the prEc-
tcsbility, the Justice, and the efficacy or II,
when applied 10 people collectively, and not
individually. A union O. the states contain
ing such en- ingredient ssemedto provide forts
own destruction. The use Of force against a
STATE would look more Ike g declaration Of
war than an infection Of punishment q
wolId prob sbIv be considered BY TIE party at
tackled a. q dissolution Of ST previous com
pacts BY watch il might be bound. He hoped
that such a system would Be framed az might
render this resource unnecessary, ana moved
that tie clause be postponed" This motion
was agreed to- acn. con.
At a later period OF The discussion, Mr..
P;ncknev's proposition being again moved be-
fore the convention, Mt. Madison seconded
Ire modoa. "He could rot but regard an liz
definite power TO negative legislative acts OF
the States a. absolutely necessary 30 a per-
feet system. Experiences bad esnced a cor
slant tendency in the States to encroach on
the fsdersl authority 20 violatenaional trea-
ties to infringe the rights and interests Of
each other to Cypress the weaker party with
IN their respective jurisdictions. A negative
was the uildest exPedient that could be devised
for preventing these mischiefs. The existence
of such q check would prevent attempts to
commit them. Should 10 sush precaution be
enrrsfted, tbs only remedy would be in an APP
peal 20 coercion. Was such q remedy eligible?
Was it practicable. Could The national re-
sources, If exerted to The utmost, enforce a
national decree against Massachusetts, abet-
ted. perhaps, BY several Of her neighbors? It
would not be possible Asmsll proportion Of
the community, 10 a compact situation, acting
on the defensive, and al one OK its e~x-remities,
might AZ any time bid defiance TO the national
authority. ANY government Tor the United
states, Termed on the supposed Practicability
Of using force against The unconstitutional
proceedings Of the States, would prove as Wis
ionsry and failaciols as the government Of
Congress. The negative wCuld render the use
OF force unnecessary"
On a test vote On Mr.. Pi1cknsy's PROPOSE
tion. the sense Of q majority Of the convention
proving sgein5tit, It was Withdrawn BY the
mover.
Mr.. Rsudolph's plan of coercion upon the
States to maintain the Union, after the over
whelniHg arguments Of General Hamilton and
Mr.. Madison, was never pressed 70 q vote.
The failure To confer power upon either the
President or Congress 10 inaugurats the
present war, was nc accidental oni.son.
LIMITS