The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-19

forms a Part OF, the constitution. In
others, however. it has received no othnrr
sanction than that of the legislative ON.
thority. From this defect two evils re.
suit. First. Whenever a law Of a State
happens to be repugnant TO an act Of Con-
gress, particularly when the former is Of
posterior date to the latter, ii will be az
least questionable whether the former must
not prevail: ald. US the question mus, bo
decided by the tribunals of the State, they
will be most likely to lea on tho side -
the State" The second evil which, in
Madison's eyes, resulted from the accc't.
lance Of the Articles Of Confederation
by a State Legislature, instead OF bv the
people Of the State, requires particul1
notice, for Il throws light uIou the questi.p
whether, in the writer's opinion, the usrt
to coerce a state would be vested in Tue
Federal Government by the new Lonstlo--
ton. II it should nave been adopted Ly tn.
people Of the State concerned. Second.
As far as the union of the States is IN Ia
regarded AZ a league Of sovereign poNets,
and not az a political Constitution, nv vir.
tue OF which they are become one sovereign
power, 30 far Il seems TO follow from the
doctrine Of compacts. that q breach ~ Hrv
Of the articles Of the Confederation by any
Of the parties t. II, absnlNes the Cther par
ties from their respective obligations,
and gives them a right, II they choose to
exert il, Of dissolving the union altosether.'
From these words IL seems 10 follow TIM:
u Il lnlA t1Ilb idillSOh iftAt W. IL ~ NLtE
the existing Articles Of Confederation were
under certain circumstances dlssolvable
by any State which had accepted them
only through an act OF It's Legislature,
but that the Constitution 70 be framed al
Philadelphia, II accepted net merely by,
state Legislatures, but by. the people OF
the respective States. would not he thus
dlssoluble. That Ia to say, ut this time
Madison considered the Articles OF Con-
federation a compact as between, certain
parties n them, but did not consider that
The new Constitution. II accepted as Il vas
10 be, could properly bear the description
Of a compact which Calhoun was to
Among the defects Of the Articles Of Con-
federation designated by Madison four
may be particularly mentioned. The trsi
to wit: the failure Of the States TO comply
with the Constitutional regulations for
money. This evil" says Madison, has
been 70 fully experienced, 10Th during
the war and since h peace, results 80
naturally from the number and indopendeL'
authority OF the Suites. and has been so
uniformly e1emplined In every simllar.
Confederacy, that II may be considered
as not less radically and permanently In.
herent In, than IL Is fatal 10, the object o'
the present system Turning TO a second
States on the Federal authority, Madison
notes that Examples OF this are numerous
and repetitions may be foI eeeen In almost
every case where any favorite object OF a
State shall present a temptation, Among
these examples are the wars and treaties
Of Georgia with the Indians; the unlicentel
compacts between Virginia anu Maryland
and between Pennsylvania and New Jersey.
and the troops raised and 10 10 kept ~ W
Massachusetts A third defect In the
Of Confederation was the imp
of preventing violations 10y the
.,,,aral Geafaa If hA In ~ of naflOna ana OF
t~reaties. On this point Madison remark Ike;
From the number Of Legislatures, IT,
sphere OF life from which most Of thor
members are taken and the Circumstances
under which their legislative business =
carried on. Irregularities of this kind must
happen. Accordingly, not a
yenr has passed without instances OF them
In some one or other OF the states. lha
Treaty a Peace-th. treaty with Franc
the treaty with H~olland-have each been
violated. The causes OF these ~egu'an
ties u necessarily produce frequent
violations Of the law Of nations In Other
respects As yet, foreign Powers have not
been rigorous in a~nimadverting on US
This moderation. however, cannot be ms
for a permanent partially TO our
faults, or a permanent security agalns'
those disputes with other nations when.
being among the greatest OF public ca
l~anlities, Il ought 20 be least 10 the p"N"-
Of any part Of the community 70 hr'ng
the whole
The last defect 81 the articles ~ coni"'-
srntion 70 which we shall hsre refer was tho
propensity Of the States TO comInit tees
on the nghts 81 one another l'ess
Ircspassee. says Madison. are alsrnlu-
symptoms, ard may be daily apprehenir1.
a. we are admonished by daily erpsrienc".
the law Of Virginia restricting ior'gr
yesse.s 20 certain ports Of MAJ ylfnd In favor
vessels belonging TO her ovn ellscHs
of New York IN favor " tic same. laIci
installInents - debts, oocluhion ~
nA..hg p5.PSrty . ssss on
he ughts u oth'T States. AZ the OIL
PENS II every State aRgregA'e'y taken.
mole or less IN the = alton 81 'tl-
'uur o. debtors 20 the citizens 81 every
favor Of debtors aNeot ths creditor state
III the "a tne manner a. they Do L. twu en-.
rene, who are relatively creditors toward
other CiuLcns I4As rcmnrA NAV - 81
ended 90 foreign nations " 90" etn'',
regulation ~ the value and
authority. ths poh"y - u equally f"lhi'rt
! onnttjl ou The hhtes iu the oases Al1's
nsntioLsd II must have b-ru nran' iI-t'
- preserve Uniformity lr the "f'uAiHs
lrdium tlHnDugUuuf t4. uANt t~'oL1 70
event thu-s haulr "h t.u p.I.'hso uiI"
might disturb rs rful. ltv %
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