Page:Debates in the Several State Conventions, v1.djvu/444

424 will adopt, there is then a chance for our preservation. Although all the states have assented to the Confederation, an infraction of any one article by one of the states is a dissolution of the whole. This is the doctrine of the civil law on treaties.

Jersey pointedly refused complying with a requisition of Congress, and was guilty of this infraction, although she afterwards rescinded her non-complying resolve. What is the object of a confederation? It is twofold—1st, to maintain the union; 2dly, good government. Will the Jersey plan secure these points? No; it is still in the power of the confederated states to violate treaties. Has not Georgia, in direct violation of the Confederation, made war with the Indians, and concluded treaties? Have not Virginia and Maryland entered into a partial compact? Have not Pennsylvania and Jersey regulated the bounds of the Delaware? Has not the state of Massachusetts, at this time, a considerable body of troops in pay? Has not Congress been obliged to pass a conciliatory act in support of a decision of their federal court, between Connecticut and Pennsylvania, instead of having the power of carrying into effect the judgment of their own court? Nor does the Jersey plan provide for a ratification, by the respective states, of the powers intended to be vested. It is also defective in the establishment of the judiciary, granting only an appellate jurisdiction, without providing for a second trial; and in case the executive of a state should pardon an offender, how will it affect the definite judgment on appeal? It is evident, if we do not radically depart from a federal plan, we shall share the fate of ancient and modern confederacies. The Amphictyonic council, like the American Congress, had the power of judging, in the last resort, in war and peace—to call out forces—send ambassadors. What was its fate or continuance? Philip of Macedon, with little difficulty, destroyed every appearance of it. TheAthenian had nearly the same fate. The Helvetic confederacy is rather a league. In the German confederacy, the parts are too strong for the whole. The Dutch are in a most wretched situation—weak in all us parts, and only supported by surrounding contending powers.

The rights of individuals are infringed by many of the state laws—such as issuing paper money, and instituting a