be repeated, present the solitary and strange spectacle of a nation disarming itself of a power exercised by every nation as a shield against the effect of the power as used by other nations. Who will say that such considerations as these are not among the best keys that can be applied to the text of the Constitution? and infinitely better keys than unexplained votes cited from the records of the Convention.
CCCXCI. James Madison to W.C. Rives.[1]
Montpr. Ocr. 21—33.
As the charges of M——s.[2] are founded in the main, on “Yates debates in the federal Convention of 1787”, it may be remarked without impeaching the integrity of the Reporter, that he was the representative in that Body of the party in N. York which was warmly opposed to the Convention, and to any change in the principles of the “articles of confederation”; that he was doubtless himself at the time, under all the political bias which an honest mind could feel; that he left the Convention, as the Journals shew, before the middle of the Session, and before the opinions or views of the members might have been developed into their precise & practical application; that the notes he took, are on the face of them, remarkably crude & desultory, having often the appearance of scraps & expressions as the ear hastily caught them, with a liability to omit the sequel of an observation or an argument which might qualify or explain it.
With respect to inferences from votes in the Journal of the Convention, it may be remarked, that being unaccompanied by the reasons for them, they may often have a meaning quite uncertain, and sometimes contrary to the apparent one. A proposition may be voted for, with a view to an expected qualification of it; or voted agst. as wrong in time or place, or as blended with other matter of objectionable import.
Although such was the imperfection of Mr Yates Notes of what passed in the Convention, it is on that authority alone that J. M. is charged with having said “that the States never possessed the essential rights of sovereignty; that these were always vested in Congress”
It must not be overlooked that this language is applied to the Condition of the States, and to that of Congress, under “the Articles of Confederation”. Now can it be believed that Mr. Yates did not misunderstand J. M in making him say, that the States had then
