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To: GOPcapitalist; capitan_refugio
No, the only fraud going on is from your side.

One could debate the issue of the formation of the States vs the Union.

However, the fact is that the states did join the union either as states or colonies (and then becoming states in that relationship) and never were apart from that union.

Virgina never made a foreign pact with another nation.

Each state from 1774 on was seen in relationship to one another as a state.

Yes, they had a great deal of local control, due to the absence of a Federal gov't, but that did not mean they were ever separate nations or ever acted in that capacity.

Article 7 states that the States agreed unanimously as the Independent United States of America,

The Confederate States did not call themselves that, but listed each state individually, showing that they were signing as independent states.

The U.S. Constitution was ratified by the States United

978 posted on 11/24/2004 12:45:42 AM PST by fortheDeclaration
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To: fortheDeclaration
However, the fact is that the states did join the union either as states or colonies (and then becoming states in that relationship) and never were apart from that union.

Why would they need to be apart from something they individually and voluntarily joined?

Virgina never made a foreign pact with another nation.

I'm not so certain that you are correct about that. I'll admittedly have to research it further but I seem to recall there being a "problem" in the pre-constitutional era of individual states engaging in agreements with foreign nations and with each other. I've already directed your attention to the 1777 case of Georgia and South Carolina individually entering into a treaty with each other and the Cherokee Nation, thus disproving the gist of your claim. This also seems to be the reason why the constitutional convention chose to prohibit states from entering into treaties - because they had been doing so under the articles and the continental congress.

Each state from 1774 on was seen in relationship to one another as a state.

You are incorrect. All 13 "states" were known among each other as colonies into the spring of 1776. At that point some of the colonies individually altered their status from colony to state or to commonwealth prior to July 4th, the remainder doing so with the act of the 4th.

The U.S. Constitution was ratified by the States United

Incorrect. Article VII of the Constitution spells out the ratification process, which is very clearly done by the States to form "this Constitution between the States."

"The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."

984 posted on 11/24/2004 12:57:58 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: fortheDeclaration; GOPcapitalist; capitan_refugio
[ftD] Article 7 states that the States agreed unanimously as the Independent United States of America,

No it does not. I quote it in full below for all to see what it actually says.

Article 7 says "done in Convention by the Unanimous Consent of the States present...."

Rhode Island refused to participate and no representative was present.

The states represented at the Convention unanimously agreed to the draft of the Constitution to be "submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification...."

The States United did NOT approve of that recommendation. Rhode Island REFUSED to send a representative to the Convention. ONLY TWELVE STATES WERE REPRESENTED. Only ELEVEN states are listed by name when it came to "In convention ... present ... Resolved...." When one comes to New York, it reads "MR Hamilton from New York." Mr. Hamilton was not the only representative appointed by New York, but the others were no longer present. Mr. Hamilton lacked lawful authority to act individually on behalf of the state of New York. New York was not considered "present" either.

[ftD] The U.S. Constitution was ratified by the States United

This did not happen. George Washington was inaugurated with two states still not ratifying the Constitution -- North Carolina and Rhode Island. When the Constitutional government was formed, neither North Carolina nor Rhode Island had agreed to the Constitution, and neither was was a member of the new union, nor were they represented in the new Congress. Rhode Island held out for more than a year.

Washington was inaugurated March 4, 1789. North Carolina ratified on November 21, 1789. Rhode Island ratified on May 29, 1790.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names,

Attest William Jackson
Secretary

Go. Washington
--Presidt. and deputy from Virginia

New Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm Saml Johnson
Roger Sherman

New York
Alexander Hamilton

New Jersey
Wil: Livingston
David Brearley.
Wm Patterson.
Jona: Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos FitzSimons
Jared Ingersol
James Wilson
Gouv Morris

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James McHenry
Dan of St Thos Jenifer
Danl Carroll

Virginia
John Blair--
James Madison Jr.

North Carolina
Wm Blount
Richd Dobbs Spaight
Hu Williamson
J. Rutledge

South Carolina
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia
William Few
Abr Baldwin

In Convention Monday, September 17th 1787. Present The States of New Hampshire, Massachusetts, Connecticut, MR Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Resolved,

That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.

By the Unanimous Order of the Convention

Go: Washington--Presidt. W. Jackson Secretary.


1,032 posted on 11/24/2004 7:10:38 AM PST by nolu chan
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