Complete Works. Hamilton Alexander
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of disqualification. But the Legislature may be law provide that persons holding offices under the United States, or either of them, shall not be eligible to a place in the Assembly or Senate, and shall be, during their continuance in office, suspended from sitting in the Senate.
Sec. 4. No person having an office or place of trust under the United States shall, without permission of the Legislature, accept any present, emolument, office, or title from any foreign prince or State.
Sec. 5. The citizens of each State shall be entitled to the rights, privileges, and immunities of citizens in every other State; and full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of another.
Sec. 6. Fugitives from justice from one State who shall be found in another, shall be delivered up on the application of the State from which they fled.
Sec. 7. No new State shall be erected within the limits of another, or by the junction of two or more, without the concurrent consent of the Legislatures of the United States and of the States concerned. The Legislature of the United States may admit new States into the Union.
Sec. 8. The United States are hereby declared to be bound to guarantee to each State a republican form of government, and to protect each State as well against domestic violence as foreign invasion.
Sec. 9. All treaties, contracts, and engagements of the United States of America, under the Articles of Confederation and Perpetual Union, shall have equal validity under this Constitution.
Sec. 10. No State shall enter into a treaty, alliance, or contract with another, or with a foreign power, without the consent of the United States.
Sec. 11. The members of the Legislature of the United States, and of each State, and all officers, executive and judicial, of the one and of the other, shall take an oath or affirmation to support the Constitution of the United States.
Sec. 12. This Constitution may receive such alterations and amendments as may be proposed by the Legislature of the United States, with the concurrence of two thirds of the members of both Houses and ratified by the Legislatures of, or by conventions of deputies chosen by the people in, two thirds of the States composing the Union.
[Article X., which relates to the mode of submitting the Constitution, is omitted as totally unimportant.]
BRIEF OF SPEECH ON SUBMITTING HIS PLAN OF CONSTITUTION
Introduction
I Importance of the occasion.
II A solid plan, without regard to temporary opinions.
III If an ineffectual plan be again proposed, it will beget despair, and no government will grow out of consent.
IV There seem to be but three lines of conduct:
I A league offensive, treaty of commerce, and apportionment of the public debt.
II An amendment of the present Confederation, by adding such powers as the public mind seems nearest being matured to grant.
III The forming a new government to pervade the whole, with decisive powers; in short, with complete sovereignty.
Last seems to be the prevailing sentiment.
I Its practicability to be examined.
Immense extent unfavorable to representation.
Vast expense.
Double sets of officers.
Difficulty of judging of local circumstances.
Distance has a physical effect on men's minds.
Difficulty of drawing proper characters from home.
Execution of laws, feeble at a distance from government—particularly in the collection of revenue.
Sentiment of obedience - Opinion
I Objections to the present Confederation.
Intrusts the great interests of the nation to hands incapable of managing them.
All matters in which foreigners are concerned.
The care of the public peace—debts.
Power of treaty, without power of execution.
Common defence, without power to raise troops—have a fleet—raise money.
Power to contract debts, without the power to pay.
These great interests of the State must be well managed, or the public prosperity must be the victim.
Legislates upon communities.
Where the Legislatures are to act, they will deliberate.
To ask money, not to collect it, and by an unjust measure.
No sanction!!
Amendment of Confederation according to present ideas.
I Difficult, because not agreed upon any thing. Ex.—Impost.
Commerce—different theories.
To ascertain the practicability of this, let us examine the principles of civil obedience.
Supports of Government
I Interest to support it.
II Opinion of utility and necessity.
III Habitual sense of obligation.
IV Force.
V Influence.
I Interest—particular and general interests.
Esprit de corps.
Vox populi, vox Dei.
II Opinion of utility and necessity.
First will decrease with the growth of the States.
Necessity.
This does not apply to Federal Government.
This may dissolve, and yet the order of the community continue.
Anarchy not a necessary consequence.
III Habitual sense of obligation.
This results from administration of private justice.
Demand of service or money odious.
IV Force—of two kinds.
Coercion of laws—Coercion of arms.
First does not exist—and the last useless.
Attempt to use it, a war between the States.
Foreign aid.
Delinquency not confined to one.
V Influence—
1 From municipal jurisdiction.
2 Appointment of officers.
3 Military jurisdiction.
4 Fiscal jurisdiction. All these now reside in (the) particular States. Their governments are the chief sources of honor and emolument.
AMBITION—AVARICE.
To effect any thing, passions must be turned toward the General Government.
Present Confederation cannot be amended, unless the most important powers be given to Congress, constituted as they are.
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