The home journal. (Winchester, Tenn.) 1858-188?, 1870-08-25
The Past and the Present.

When the war ended and the Free.
dom, Sovereignty. and Independence
Of each Of them was recognized, they
met together through their delegates,
in the city of Philadelphia, on the sec.
ond Monday in May, 1887, and drafted
the present Constitution of the United
States, which was ratified by the Con
gress and confirmed 10y each and all OF
the States.
This Convention, says Justice Kent,
was composed Of "men Of the greatest
probity, character, ntclligcnce, lnlor-
nation, and talent in the country; and
j. commanded universal confidence
TO the proceedings Of this Conven.
ton upon one particular point we in
wife earnest attention.
Upon five occasions the effort was
made to insert cocrciyc clause in til c
Constitution, giving the General Gov
eminent the right to coercG refractory
State, and the following extract from
Madisons Papers shows the adherence
with which the idea was regarded:
On the 3lst of May the question was "On
the last clause Of the 9Th resolution author
izing M cXcrtion Of force against a dclin-
qucnt State"
Mr. Madison observed that the more he
reflected on the use of force the more he
doubted the practicability the justice. and
the efficacy Of IL when applied TO the pco-
pie collectively and not individually. An
uni0n cfMe States containing such an inWedi-
ent seemed 10 IrOride Ior It's urn destruction.
The use of force against state would look
more like "A declaration Of war than an in
niction Of punishment; and would proba-
bly, be considered by the party attacked as
u dissolution Of all preriouS cOmpdcts by
which it might be bound. He hoped that
such a system would be formed as might
render this resource unnecessary, and
moved that the clause be postponed, which
was agreed to mem. con.
On the sth OF June Mr.. PinckEcy moved
that the National Legislature should
have authority to negative all laws (ol
States which they should judge to be i'm
proper"
Mr.. Madison said that "any government
for the United States, formed on the sup
posed practicabilily of using force against
the unconstitutional proceedings ofthc
States, would BIZ a. visionary and lallacous
as the government of Congress" Mr..
Gerry "cou!d not see the extent of such
power, and was against every power that
was not necessary. The National Legs
laturc, with such power. mary casiooe he
Suites. Such an idea as this will meyer be-
acccdcd to-" Mr.. Williamson opposed The
motion Mr.. Randolph pronounced co.
"rcion to be impraclicablc, expensive,
cruel to individuals" While Mr.. Mason
speaking on the same subject, said "'lhc
most Earring elements of nature. fire and
water themselves, are not more incompat-
iblc than such Il mixture Of civil liberty
and military execution"
The vote being taken the question passed
in the negative.
On the 18th of July the clause, "lo neg
ntivr all laws passed by the several States
,rontrovcrtinS, IN the opinion of the Ma
tionaI Legislature, the Articles Of Union
or any treaties subsisting under the a,l-
thOrty Of the Union," was taken up.
Mr.. GOuvcrncur Morris opposed this
power rs likely to be terrible to the
states" Mr.. Sherman thought it unncccs-
sary. Mr. Martin considered it Improper
and inal missablc."
The question for agreeing to the power
being taken. il passed in the negative.
On the Eth Of August the clause, 40
snbdue rebellion in any State on the APP
plicail,n of its Legislature" was cOnsid
cred
This was debated and opposed violently.
and, on the question being put. rus rejected.
T.,I, . Ill
still another attempt was made to procure
some such power for the National Lcgisia-
turc.
On the 23d of August, Mr.. Chas. Pinck-
ncy moved to add, ~ an additional power
to be vested in the National Legislature,
ITO negative all laws passed by the several
States interfering, In the opinion of the
Legislature, with the general interests and
harmony of the Union; prov idcd that
two-thrds of the members of each House
assent to the same"
This was opposed by Mr.. Rutlcdgc, who
said, "lf nothing else, this would damn.
and ought to damn, the Constitution. viii
any State cyeragrce to be bound hand and
foot ia this manner? IL Is worse than
making mere corporations of them whose
bylaws would no, be subject to this
shackle.' 1t was also opposed by Mcssrs.
Sherman, Mason. Williamson. Ellsworth
and Gouvcrneur Morris; the latter, how
ever. wished 10 referred to u committee.
This commitment was rejected by the Con-
ventiOn. and upon this MIR. Pincknry with
drew his motion.
Thus, upon live occasions, the effort was
made to vest this right of coercion, under
one form or another, In the General Gov
crnnent and each time it was negatiyed.
Can anything he stronger evidence that
this right was not approved by the Con-
ventiOn, and not intended to he granted To
the Government II was framing Madison
Pqpers, Vols. III and III.
Having refused to grant the power
Of cOercion--for with it "thc National
Legislature might enslavc the States"
the fight Of secession was evidently
retained by each State rs an attribute
of its sovereignty and independence,
and the observance of the Constitu
ton, the compact between them, was
dependent; solely, upon the honor and
the pligh!ed faith of each individual
State; and the great principle of self.
interest, which influences the conduct
Of nations rs well as individuals, and |
which had united the States under one {
was relied upon exclu. 9
sively to preserve and perpetuatc their u
union. This wasNhe substance of the
celebrated Virginia and Kentucky reso. t
utions-Mr. Madison being the author Il
II the former, Mr.. Jefferson the latter. o
We have.been led TO the consldera. h
ion Of this subject by the following
xtract from n party platform estab. d