Prohibitions on the States - Tonnage Duties - Making War§ 1395.§ 1396.§ 1397.§ 1398.§ 1399.§ 1400.§ 1401.§ 1402.§ 1403.
FOOTNOTES
1. 1 Tucker's Black. Comm. App. 310.
2. The corresponding article of the confederation did not present exactly the same embarrassments in its construction. One clause was, "No state, without the consent of the United States, in congress assembled, shall enter into any conference, agreement, alliance, or treaty with any king, prince, or state"; and "No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States, etc.; specifying accurately the purposes, for which the same is to be entered into, and how long it shall continue." Taking both clauses, it is manifest, that the former refers exclusively to foreign states, or nations; and the latter to the states of the Union.
3. In this view, one might be almost tempted to conjecture, that the original reading was "treaties of alliance, or confederation," if the corresponding article of the confederation (art. 6) did not repel it.
4. There were corresponding prohibitions in the confederation, (art. 6,) which differ more in form, than in substance, from these in the constitution. No state was at liberty, in time of peace, to keep up vessels of war, or land forces, without the consent of congress. Nor was any state at liberty to engage in war without the consent of congress, unless invaded, or in imminent danger thereof.
5.Green v. Biddle, 8 Wheat. R. 1, 85, 86, 87.
6. See Ogden v. Saunders, 12 Wheat. R. 334, 335.
7. 1 Kent's Comm. Lect. 19, p. 382.
8.United States v. Wilson, 8 Wheat. R. 253; United States v. Hoar, 2 Mason R. 311.
9. 1 Tuck. Black. Comm. App. 314.
10. Journal of Convention, 68, 86, 87, 104, 107, 136, 183, 283; North American Review, October, 1827, p. 264, 266; 2 Pitkin's History, 261. -- This seems to have been a favourite opinion or Mr. Madison, as well as of some other distinguished statesmen. North American Review, October, 1827, p. 264, 265, 266; 2 Pitkin's History, 251, 259.
