This Constitution does not
attempt to coerce sovereign bodies, States, in their political
capacity. No coercion is applicable to such bodies, but that of an
armed force. If we should attempt to execute the laws of the Union
by sending an armed force against a delinquent State, it would
involve the good and bad, the innocent and guilty, in the same
calamity. But this legal coercion singles out the guilty
individual, and punishes him for breaking the laws of the Union."
Indeed, Sir, if we look to all contemporary history, to the numbers of
the Federalist, to the debates in the conventions, to the publications
of friends and foes, they all agree, that a change had been made from a
confederacy of States to a different system; they all agree, that the
Convention had formed a Constitution for a national government. With
this result some were satisfied, and some were dissatisfied; but all
admitted that the thing had been done. In none of these various
productions and publications did any one intimate that the new
Constitution was but another compact between States in their sovereign
capacities. I do not find such an opinion advanced in a single instance.
Everywhere, the people were told that the old Confederation was to be
abandoned, and a new system to be tried; that a proper government was
proposed, to be founded in the name of the people, and to have a regular
organization of its own. Everywhere, the people were told that it was to
be a government with direct powers to make laws over individuals, and to
lay taxes and imposts without the consent of the States.
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