The Papers of James Madison: Debates in the Congress of the Confederation ...

Cover The Papers of James Madison: Debates in the Congress of the Confederation ...
The Papers of James Madison: Debates in the Congress of the Confederation ...
James Madison, Henry Dilworth Gilpin
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It leaves the will of the States as uncontrolled as ever.
2. Will it prevent encroachments on the Federal authority ? A tendency to such encroachments has been sufficiently exemplified among ourselves, as well as in every other confederated republic, ancient and modem. By the Federal Articles, transactions with the Indians appertain to Congress, yet in several instances the States have entered into treaties and wars with them. In like manner, no Digitized by VjOOQIC 1787.] FEDERAL CONVENTION. 8
...97 two or more States can form among themselves any treaties, &c., without the consent of Congress : yet Virginia and Maryland, in one instance — ^Pennsyl- vania and New Jersey, in another — have entered into compacts without previous application or subse- quent apology. No State, again, can of right raise troops in time of peace without the like consent.
Of all cases of the league, this seems to require the most scrupulous observance. Has not Massachu- setts, notwithstanding, the most powerful member of the Union, already raised a body of troops 1 Is she not now augmenting them, without having evei* deigned to apprise Congress of her intentions ?


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