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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1

United States. Constitutional Convention (recorded by James Madison) · 1787 (composed during the convention; Madison’s notes later revised) primary

passage 65 of 238 · part of the Fifth Article of the Confederation of the said > part I was extremely so, for putting my hand in my pocket I (32/72)

↪ you wandered here via “master-servant authority coercion” — the connecting lines are tinted below

in brief
In Committee of the Whole on June 8, 1787, Pinkney and Madison argue for a broad national legislature negative on all improper State laws (treaties and prerogatives), while Williamson, Gerry, and Sherman raise fears of overreach and propose defining or limiting cases.

efficient national Gov^t; that under the British Gov^t the negative of the Crown had been found beneficial, and the States are more one nation now, than the Colonies were then.

M^r Madison seconded the motion. He could not but regard an indefinite power to negative legislative acts of the States as absolutely necessary to a perfect System. Experience had evinced a constant tendency in the States to encroach on the federal authority; to violate national Treaties; to infringe the rights & interests of each other; to oppress the weaker party within their respective jurisdictions. A negative was the mildest expedient that could be devised for preventing these mischiefs. The existence of such a check would prevent attempts to commit them. Should no such precaution be engrafted, the only remedy w^d lie in an appeal to coercion. Was such a remedy eligible? was it practicable? Could the national resources, if exerted to the utmost enforce a national decree ag^{st} Mass^{ts} abetted perhaps by several of her neighbours? It w^d not be possible. A small proportion 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 Gov^t for the U. States formed on the supposed practicability of using force ag^{st} the unconstitutional proceedings of the States, w^d prove as visionary & fallacious as the Gov^t of Cong^s. The negative w^d render the use of force unnecessary. The States c^d of themselves pass no operative act, any more than one branch of a Legislature where there are two branches, can proceed without the other. But in order to give the negative this efficacy, it must extend to all cases. A discrimination w^d only be a fresh source of contention between the two authorities. In a word, to recur to the illustrations borrowed from the planetary system. This prerogative of the General Gov^t, is the great pervading principle that must controul the centrifugal tendency of the States; which, without it, will continually fly out of their proper orbits and destroy the order & harmony of the political System.

M^r Williamson was ag^{st} giving a power that might restrain the States from regulating their internal police.

M^r Gerry c^d not see the extent of such a power, and was ag^{st} every power that was not necessary. He thought a remonstrance ag^{st} unreasonable acts of the States w^d reclaim them. If it sh^d not force might be resorted to. He had no objection to authorize a negative to paper money and similar measures. When the confederation was depending before Congress, Massachusetts was then for inserting the power of emitting paper money am^g the exclusive powers of Congress. He observed that the proposed negative w^d extend to the regulations of the Militia, a matter on which the existence of a State might depend. The Nat^l Legislature with such a power may enslave the States. Such an idea as this will never be acceded to. It has never been suggested or conceived among the people. No speculative projector, and there are eno' of that character among us, in politics as well as in other things, has in any pamphlet or newspaper thrown out the idea. The States too have different interests and are ignorant of each other's interests. The Negative therefore will be abused. New States too having separate views from the old States will never come into the Union. They may even be under some foreign influence; are they in such case to participate in the negative on the will of the other States?

M^r Sherman thought the cases in which the negative ought to be exercised, might be defined. He wished the point might not be decided till a trial at least sh^d be made for that purpose.

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topics: conquest, plunder, and captives · crime and punishment · forms of government · treaties, truces, and peacemaking

The Journal of the Debates in the Convention which Framed the Constitut… · United States. Constitutional Convention (recorded by James Madison) · 1787