Page:State Documents on Federal Relations.djvu/87

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73]
MASSACHUSETTS ON THE EMBARGO
29

lieve that the provisions of our state and national constitutions, as well as the great principles of the common law are so plain, that no act of this Legislature can afford any additional security. And as to the prohibition of our fisheries and coasting trade, the Committee cannot, at this distressing juncture, recommend a remedy to be relied on so inadequate as would be afforded by the enaction of penal laws.

On the subject of a convention, the committee observe, that they entertain no doubt of the right of the Legislature to invite other states to a convention, and to join it themselves, for the great purposes of consulting for the general good, and of procuring amendments to the constitution, whenever they find that the practical construction given to it by the rulers, for the time being, is contrary to its true spirit and injurious to their immediate constituents. We know of no surer or better way to prevent that hostility to the Union, the result of oppression, which will eventually terminate in its downfall, than for the Wise and Good, of those States, which deem themselves oppressed, to assemble with delegated authority, and to propose, urge, and even insist upon such explicit declarations of power, or restriction, as will prevent the most hardy from any future attempts to oppress, under the color of the constitution. This was the mode proposed by Mr. Madison in answer to objections made, as to the tendency of the general Government, to usurp upon that of the States. And though he at a former period led the Legislature of Virginia into an opposition, without any justifiable cause; yet it may be supposed that he and all others who understand the principles of our concurrent Sovereignty, will acknowledge the fitness and propriety of their asserting rights, which no people can ever relinquish.

But althongh the Committee are convinced of the right, and think the Legislature ought to vindicate it, of acting in concert with other States, in order to produce a powerful, and if possible an irresistable claim for such alterations, as will tend to preserve the Union, and restore violated privileges, yet they have considered that there are reasons which render it inexpedient at the present moment to exercise this power. Some of these reasons your Committee would suggest, that the memorialists may know that their pressing appeals are not postponed from any insensibil-