The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
TO THOMAS JEFFERSON.
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 | The writings of James Madison, |  |
TO THOMAS JEFFERSON.[1]
Dear Sir,—The inclosed paper is a copy of a report,[2]
from a committee, now lying on the table of Congress
of the subject makes me wish for your judgment on it,
before it undergoes the final decision of Congress.
The necessity of arming Congress with coercive
powers arises from the shameful deficiency of some
of the States which are most capable of yielding
their apportioned supplies, and the military exactions
to which others, already exhausted by the enemy and
our own troops, are in consequence exposed. Without
such powers, too, in the General Government,
the whole confederacy may be insulted, and the most
salutary measures frustrated, by the most inconsiderable
State in the Union. At a time when all the
other States were submitting to the loss and inconvenience
of an embargo on their exports, Delaware
absolutely declined coming into the measure, and not
only defeated the general object of it, but enriched
herself at the expense of those who did their duty.
The expediency, however, of making the proposed
of their complying with it. If they should refuse,
Congress will be in a worse situation than at
present; for as the Confederation now stands, and
according to the nature even of alliances much less
intimate, there is an implied right of coercion against
the delinquent party, and the exercise of it by Congress,
whenever a palpable necessity occurs, will
probably be acquiesced in.
It may be asked, perhaps, by what means Congress
could exercise such a power, if the States were to
invest them with it. As long as there is a regular
army on foot, a small detachment from it, acting
under civil authority, would at any time render a
voluntary contribution of supplies due from a State,
an eligible alternative. But there is a still more easy
and efficacious mode. The situation of most of the
States is such, that two or three vessels of force
to yield prompt obedience to all just requisitions on
them. With respect to those States that have little
or no foreign trade of their own, it is provided that
all inland trade with such States as supply them with
foreign merchandize may be interdicted, and the concurrence
of the latter may be enforced, in case of
refusal, by operations on their foreign trade.
There is a collateral reason which interests the
States who are feeble in maritime resources, in such
a plan. If a naval armament was considered as the
proper instrument of general government, it would be,
both preserved in a respectable state in time of peace,
and it would be an object to man it with citizens,
taken in due proportions, from every State. A navy
so formed, and under the orders of the General
Council of the State, would not only be a guard
against aggressions and insults from abroad, but,
without it, what is to protect the Southern States,
for many years to come, against the insults and
aggressions of their northern brethren?
"Whereas it is stipulated and declared in the 13th Article of the Confederation,
'that every State shall abide by the determinations of the United States
in Congress assembled, on all questions which by this Confederation are
submitted to them: And that the Articles of this Confederation shall be inviolably
observed by every State;' by which Article a general and implied
power is vested in the United States in Congress assembled, to enforce and
carry into effect all the Articles of the said Confederation against any of the
States which shall refuse or neglect to abide by such their determinations, or shall
otherwise violate any of the articles; but no determinate and particular provision
is made for that purpose: And whereas the want of such provision may
be a pretext to call into question the legality of such measures as may be
necessary for preserving the authority of the Confederation, and for doing justice
to the States which shall duly fulfil their federal engagements; and it is, moreover,
most consonant to the spirit of a free Constitution, that, on the one hand,
all exercise of power should be explicitly and precisely warranted, and, on the
other, that the penal consequences of a violation of duty should be clearly promulged
and understood: And whereas it is further declared by the said 13th
Article of the Confederation, that no addition shall be made to the articles
thereof, unless the same shall be agreed to in a Congress of the United States,
and be afterwards confirmed by the Legislatures of every State: The United
States in Congress assembled, having seriously and maturely deliberated on these
considerations, and being desirous as far as possible to cement and invigorate
the Federal Union, that it may be both established on the most immutable
basis, and be the more effectual for securing the immediate object of it, do hereby
agree and recommend to the Legislatures of every State, to confirm and to
authorize their Delegates in Congress to subscribe the following clause as an
additional article to the thirteen Articles of Confederation and perpetual union:
It is understood and hereby declared, that in case any one or more of the
confederated States shall refuse or neglect to abide by the determinations of the
United States in Congress assembled, and to observe all the Articles of Confederation
as required by the 13th Article, the said United States in Congress
assembled, are fully authorized to employ the force of the United States, as
well by sea as by land, to compel such State or States to fulfil their federal
engagements; and particularly to make distraint on any of the effects, vessels,
and merchandizes of such State or States, or of any of the citizens thereof,
wherever found, and to prohibit and prevent their trade and intercourse as
well with any other of the United States and the citizens thereof, as with any
foreign State, and as well by land as by sea, until full compensation or compliance
be obtained with respect to all requisitions made by the United States in
Congress assembled, in pursuance of the Articles of Confederation.
And it is understood, and is hereby agreed, that this article shall be binding
on all States not actually in possession of the enemy, as soon as the same
shall be acceded to and duly ratified by each of the said States."
| The writings of James Madison, | |