their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ART. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of It may be noted here that the States, as separate governments, were the parties to this Confederation. This was a defect in the union so formed. It was remedied by the action of the people in adopting the Constitution. Under the Confederation, a delinquent was always a State, possessing counsels and means for defence. And there was no way to coerce a delinquent State, but for the complying States to unite in making war upon it. This was the cause of many civil wars in ancient Greece, and of the entire overthrow of its confederacy. Indeed, as human nature is, every confederacy between independent States, like the one under consideration, or that of the Grecian States, must soon end, either in civil war, in total neglect and violation of its conditions, or in a voluntary abandonment of its terms for a union of a different kind. a But in the ratification of the Constitution, the States took no part whatever. That is, the existing State governments were not consulted, and did not act. The whole was done by the people, acting in their original capacity, and exercising their ultimate sovereignty. Hence, under the Constitution, State is never a delinquent, and is never in a position to be coerced by the general government. It is the people, the individual persons, that stand in this position, and it is on them only that the general government acts. ART. 4. The substance of this Article has been incorporated into the Constitution. See Art. 4, Sec. 1 and 2. What is noted here? Was this a defect? How was it remedied? What was a delinquent under the Confederation? How only can such a delinquent be coerced? What did this cause in ancient Greece? How must such confederacies always end? What took no part in ratifying the Constitution? By whom was it done? In what capacity? Who therefore can be directly acted on by the general government? What are the leading points of Art. 4? Where found in the Constitution? the different States of this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant; provided, also, that no imposition, duties, or restriction shall be laid by any State, on the property of the United States, or either of them. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the government or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence. Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State. ART. V. For the more convenient management of the general interests of the United States, delegates ART. 5. The power of the States to recall their delegates and appoint others; the representation of the States in Con gress; the restriction on the eligibility of delegates; the method of the maintenance of delegates; and the single vote of each State in Congress; are peculiarities of the Confedera. tion, which were set aside on the adoption of the Constitution. They show the prevailing views of the time respecting State rights, and the general unpreparedness for a stable and effi Art. 5. When did Congress meet? What power reserved to the States? How were States represented? shall be annually appointed, in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States. In determining questions in the United States, in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to, and from, and attendance on Congress, except for treason, felony, or breach of the peace. cient government. The equality of the States has been in part preserved, indeed, in the construction of the Senate. The substance of the prohibition of members' holding other offices under the United States, and of their privileges to, from, and in, Congress, is found in the Constitution, Art. 1, Sec. 6. What restrictions on eligibility? How were delegates maintained? How many votes did each State have? What privileges were secured to members? What things were set aside by the Constitution? What do they show? What of this article is found in the Constitution? * ART. VI. No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or State; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State; nor shall the United States, in Congress assembled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, confederation, or alliance whatever, between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince, or State, in pursuance of any treaties ART. 6. Much of this Article was incorporated into the Constitution, as may be seen by comparing it with Art. 1, Sec. 9 and 10 of that instrument. The right of the States, to some extent at least, to lay imposts and duties, and to grant letters of marque and reprisal, is here admitted. These powers were found to be inconsistent with the national purposes of the Confederation, and were given exclusively to the general government by the Constitution, Art. 1, Sec. 8. Though as it respects the laying of imposts and duties, some latitude is given, with the consent of Congress, and for internal purposes, in Sec. 10 of the same Article. The reasons of the provisions of this Article are obvious, and need not be argued. It seems that at that early period Repeat the leading prohibitions of Art. 6. Where is much of this Article to be found? What right is admitted to the States? How was it found inconsistent? Where are these powers given to the general government? already proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up, in time of peace, by any State, except such number only as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State; but every State shall always keep a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, amunition, and camp-equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled; unless such attempts were made to sustain the interests of the United States in the courts of France and Spain; and the state of war, in which they then were, made it proper to require of the States that attention to the training and arming of the militia, which by the Constitution is committed to the general government, and is only permitted to the States in the second Article of amendments. |