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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"


Mr. Randolph, it will be recollected, introduced a _projet_ for a
Government, consisting of a series of resolutions. Among them was one
which proposed to give Congress the power "to call forth the force of
the Union against any member of the Union failing to fulfill its duty
under the articles thereof." That was, to give Congress the power to
coerce the States; to bring the States into subjection to the Federal
Government. Now, sir, let us see how that was treated; and first I will
refer to one whose wisdom, as we take a retrospective view, seems to me
marvelous. Not conspicuous in debate, at least not among the names which
first occur when we think of that bright galaxy of patriots and
statesmen, he was the man who, above all others, it seems to me, laid
his finger upon every danger, and indicated the course which that danger
was to take. I refer to Mr. Mason.
"Mr. Mason observed, not only that the present Confederation was
deficient in not providing for coercion and punishment against
delinquent States, but argued very cogently that punishment could not,
in the nature of things, be executed on the States collectively; and,
therefore, that such a Government was necessary as could directly
operate on individuals, and would punish those only whose guilt required
it."[199]
Mr. Madison, who has been called sometimes the father of the
Constitution, upon the same question, said:
"A union of the States containing such an ingredient seemed to provide
for its own destruction.


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