any thing stated by him has that tendency, it must be among the many errors in his crude & broken notes of what passed in that Body. When I looked over them some years ago, I was struck with a number of instances in which he had totally mistaken what was said by me, or given it in scraps & terms, which, taken without the developments or qualifications accompanying them, had an import essentially different from what was intended. Mr. Yates bore the character of an honest man, & I do not impute to him wilful misrepresentation. But beside the fallible & faulty mode in which he noted down what passed, the prejudices he felt on the occasion, with those of which he was a Representative, were such as to give every tincture & warp to his mind of which an honest one could be susceptable. It is to be recollected too that he was present during the early discussions only, which were of a more loose & general cast; having withdrawn to make his welcome Report, before the rough materials were reduced to the size & shape proper for the contemplated Edifice. Certain it is that I shall never admit his report as a test of my opinions, when not in accordance with those which have been repeatedly explained & authenticated by myself. The Report of Luther Martin is as little to be relied on for accuracy & fairness.
ⅭⅭⅭⅬⅩⅥ. James Madison to J.C. Cabell.[1]
For a like reason, I made no reference to the “power to regulate commerce among the several States.” I always foresaw that difficulties might be started in relation to that power which could not be fully explained without recurring to views of it, which, however just, might give birth to specious though unsound objections. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.
ⅭⅭⅭⅬⅩⅦ. Jared Sparks: Journal.[2]
[1830], April 19th. It was necessary for the old Congress to sit with closed doors, because it was the executive as well as legislative
