Federal v. Consolidated Government
CHAPTER 8|Document 4
James Wilson, Considerations on the Bank1785Works 2:829--30
Though the United States in Congress assembled derive from the particular states no power, jurisdiction, or right, which is not expressly delegated by the confederation, it does not thence follow, that the United States in congress have no other powers, jurisdiction, or rights, than those delegated by the particular states.
The United States have general rights, general powers, and general obligations, not derived from any particular states, nor from all the particular states, taken separately; but resulting from the union of the whole: and, therefore, it is provided, in the fifth article of the confederation, "that for the more convenient management of the general interests of the United States, delegates shall be annually appointed to meet in congress."
To many purposes, the United States are to be considered as one undivided, independent nation; and as possessed of all the rights, and powers, and properties, by the law of nations incident to such.
Whenever an object occurs, to the direction of which no particular state is competent, the management of it must, of necessity, belong to the United States in congress assembled. There are many objects of this extended nature. The purchase, the sale, the defence, and the government of lands and countries, not within any state, are all included under this description. An institution for circulating paper, and establishing its credit over the whole United States, is naturally ranged in the same class.
The act of independence was made before the articles of confederation. This act declares, that "these United colonies," (not enumerating them separately) "are free and independent states; and that, as free and independent states, they have full power to do all acts and things which independent states may, of right, do."
The confederation was not intended to weaken or abridge the powers and rights, to which the United States were previously entitled. It was not intended to transfer any of those powers or rights to the particular states, or any of them. If, therefore, the power now in question was vested in the United States before the confederation; it continues vested in them still. The confederation clothed the United States with many though, perhaps, not with sufficient powers: but of none did it disrobe them.
It is no new position, that rights may be vested in a political body, which did not previously reside in any or in all the members of that body. They may be derived solely from the union of those members. "The case," says the celebrated Burlamaqui, "is here very near the same as in that of several voices collected together, which, by their union, produce a harmony, that was not to be found separately in each."
A number of unconnected inhabitants are settled on each side of a navigable river; it belongs to none of them; it belongs not to them all, for they have nothing in common: let them unite; the river is the property of the united body.
The arguments drawn from the political associations of individuals into a state will apply, with equal force and propriety, to a number of states united by a confederacy.
New states must be formed and established: their extent and boundaries must be regulated and ascertained. How can this be done, unless by the United States in congress assembled?
The Works of James Wilson. Edited by Robert Green McCloskey. 2 vols. Cambridge: Belknap Press of Harvard University Press, 1967.
© 1987 by The University of Chicago