I say it is not, in my judgment, unconstitutional, for the following reasons, in which I mean briefly to answer to the call that has been made upon me: It appears by the Journal of the Convention that formed the Constitution of the United States, that I was the only member of that body that ever submitted the plan of a constitution completely drawn in articles and sections; and this having been done at a very early state of their proceedings, the article on which now so much stress is laid, and on the meaning of which the whole of this question is made to turn, and which is in these words: “the citizens of each State shall be entitled to all privileges and immunities in every State,” having been made by me, it is supposed I must know, or perfectly recollect, what I meant by it. In answer, I say, that, at the time I drew that constitution, I perfectly knew that there did not then exist such a thing in the Union as a black or colored citizen, nor could I then have conceived it possible such a thing could have ever existed in it; nor, notwithstanding all that has been said on the subject, do I now believe one does exist in it.
ⅭⅭⅭⅩⅩⅩⅨ. James Madison to Joseph Gales.[1]
I thank you for your friendly letter of the 20th. inclosing an extract from notes by Judge Yates, of debates in the Convention of 1787, as published in a N. Y. paper.[2] The letter did not come to hand till yesterday.
If the extract be a fair sample, the work about to be published will not have the value claimed for it. Who can believe that so palpable a mistatement was made on the floor of the Convention, as that the several States were political Societies, varying from the lowest Corporation to the highest Sovereign; or that the States had vested all the essential rights of sovereignty in the Old Congress? This intrinsic evidence alone ought to satisfy every candid reader of the extreme incorrectness of the passage in question. As to the remark that the States ought to be under the controul of the Genl. Govt. at least as much as they formerly were under the King & B. parliament, it amounts as it stands when taken in its presumable meaning, to nothing more than what actually makes a part of the Constitution; the powers of Congs. being much greater, especially on the great points of taxation & trade than the B. Legislature were ever permitted to exercise.
