Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-27
state Rirhss-seees.isn.

1H~@r--,1~GH@a1Aa
NUMBER II.
These extracts plainly and fully show the failur
of this old Government, and the remedy to b,
adopted by the new, under which, coercion of indi
duals or arrest and trial was to be the basis o
strength.
aThe plan reported by the convention, by extend
ing the authority of the federal head to the indivi
dual citizens of the several States, viii enable the
Government TO employ the ordinary magistrate oi
each, in the execution of its laws"
And coercion of States, or war, was totally dis
credited, hostile to their plan of action. PIP. 40
40.
"Were there not ever these inducements TO modi
fication nothing could be more iljudged than that
intoerant spirit which has, at all fimes character
lied political parties. For in politics in religion
it is equally absurd to aim at making proseytes by
fire and sword. Heresies in either can rarely be
cured by persecution.
"The last clause of the sixth resolution, ondtor-
zi1g an exertion of the forces of the aoole against de-
liuquent Slate, next came into consideration. Mr..
Madison observed, that the more he reflected the
use of force the he doubted the practicabity,
the justice and the efficacy Of it. when he applied
to people collectively, and not individually. A
union of the States containing such an Ingredient
seemed to provide for its own destruction. The
use of force againsta State would look more ike q
declaration of war than an inficton Of punishment,
and would probably be considered by the party at
tackled as dissoluton of all previous compacts by
which 1t might De pound. f1e nOpcO tnat Sucn q
system would be framed as might render this re-
source unnecessary, and moved that the clause be
postponed. This motion was agreed to, nan. con.
"Should no such precaution be engrafted. the only
remedy would be in an appeal to coercion. Was
such an a remedy eligibleZ Was 1t practicable
Could the national resources if exerted 10 the ut
most enforce national decree against Massachu-
setts abetted perhaps, by several of her neghborss
1t would not be possible A small portion Of the
community, in a compact situation, acting on the
defensive and at one of its extremities, might at
any time bid defiance to the national authority.
Any government for the United States formed the
supposed practieabiity of using force against the
unconstitutional proceedings Of the States, would
prove visionary and faliacious as the government
Of Congress"
Guided by these principles, the result of their
3d. The Constitution of the United States, as
formed by the convention. but as these delegates
had no more power TO bind the people than the
old Congress had it was compelled to be submitted
to the popular vote for ratification.
''They must have borne in mind, that as the plan
to be framed and proposed, was to be submitted to
the people themselves the disapprobation of this su
preme authority would destroy it forever; its ap-
probation bCt out all antecedeut errors and irregu
larities"
It was at this period, after the Constitution had
been formed and submitted to the people, that ex-
plantations were printed and circulated with view
to reconcile them to TIE instrument and to insure
Its ratificaton-page 400:
thus have ], ,felow-ci1zens. executed the task
had assigned to myself ; with what success, your
conduct must determine / trust at least, You will
admit that have not failed in the gave
you respecting the spirit with which my endeavors
should be conducted"
Which letters were written by Hamilton, repre-
senting the Northern and Federal part by Mad
ison representing the Southern and Democratic
section; and being afterwards published in book
form, under the title of Federalist. have always
been considered the true exposit0rs OF the Con-
stituton; and if they not authority, it viii be
impossible to find such any where.
it certainly must be acknowledged that the
trainers of the Constitution had taken every pre-
caution to carry out their views they had made it
lst In the name Of "we the people,"
I'd Had erased all reservation of State sovereign
ty as contained in second clause of articles OF Con-
federation, and
Sd. Had carried their power to coerse individuals
for any lack of obedience. They did not claim that
the Constitution was perfect but only that it was
the best that could be made under the circumstances
ut is matter both of wonder and regret, that
those who raise many objections against the new
Constitution should never call to mind the defects
of that which is to be exchanged for it. 1t is not
necessary that the former should be perfect 1t is
sufficient that the latter is more imperfect. No
would refuse to give brass for silver or god because
the had some dL0y IN Il. No man would refuse to
quit shattered and tOtterIng habitation, for firm
not porch to it; or because some of the rooms
might be little large or smaller, or the ceiling
little higher or lower than his fancy would have
planned them.
~ answer, in the next place. that should esteem
it the extreme of imprudence to prolong to preca-
rious state of our National affairs and to expose the
Union to the jeopardy Of successive experiments,
in the chmerical pursuits of perfect plan. never
expect to see perfect work from imperfect man
The result of the deliberations of all collective
bodies must necessarily be compound as well OF
the errors and prejudices of the good sense and
wisdom of the individuals of whom they are CONS
posed The compacts which are to embrace thir-
teen distinct States in common bond of amity and
union, must necessarily be compromise of as
many dissimilar interests and inclInato3s How can
perfection spring from such materia!"
Difficulties and objections of serious import be-
gan to be early raised among others, that, as the
States had entered into the articles of Confedera
tion, and they were stipulated to exist perpetual
how could they be broken or the State released
from the contract? This charge is fully answered.
Listen to Msdison's speech-page 206:
at has been alleged, (by Mr.. Patterson,) that the
having been formed by unanimous
consent could be dissolved By unanimous consent only
Does this doctrine result from the nature OF COM
pacts9 Does Il arise from any particular stipulation
IN the Articles of Coatederdion2 If We consider the
Federal Union as analogous to the fundamental COM
pact by which individuals compose ore society, and
which must, in its the0retc origin at least, have
been the unanimous act Of the component members,
Il cannot be said that no dissolution of the compact can
be effected tpithot unanimous consent. breach Of
the fundamental principles of the compact, by part
of the society would certainly absolve the other
part from their obligations to it. If the breach
Of any article by any of the parties, does not set
the others at liberty, it is because the contrary
is implied in the compact itsef, and particularly
by that law of which it gives an indefinite author
ity the majority to bind the whole, in all cases.
The latter circumstance shows that we are not to
consider the Federal Union as analogous to the
social compact of individuals for if it were So
majority would have right 10 bind the rest and
10 form Constitution for the schOle, which the
gentleman from New Jersey would be the last to !
admit. If consider the Federal Union as analo-
yous, not to the social compacts among individual
men. but to the conventions among individual States
what is the doctrine resulting from these conven-
tons? Clearly according to the expostors Of the |
law of nations, that breach Of any one article |
by any one party, leaves all the other parties at
liberty TO consider the whole convention as dissoly
cd, unless they chose rather TO compel the dem- |
luent party to repair the breach In treaties
indeed, il is expressly stipulated that violation of
particular articles shall not have this consequence,
md even that particular articles shall remain in force
iaring war which is in general understood to dis-
soye all subsistng treaties, But are there any exoep
ions of this sort TO the Articles Of Confederation
So far from IT, that there not szgress stiplG-
lion that force shdL be used 70 compel offending s-
Ser ofthe Union TO discharge is duy. He observed
hat the violations Of the Federal Articles had been
numerous and notorious. Among the most notori-.
BUS, was an act Of New Jersey, herself, by which |
she czprsssIy refused to comply with constitutional
requistion Of Congress, and yielded no further to
he expostnlatIOns of their Deputies than barely to
,escind her vote Of refusal, without passing sny
positive act ofoomplianee. he did not wish to draw
sny rigid infsrences from these observations he |
hought IL proper, hsoeUer that tie true nature of the
.risiag ConfederGey shOxld Be investigated and he
Mss not anxious to strengthen the foundations on
which Il nsw stands"