Speech of Hon John Cadwalader of Pennsylvania On the Legislation of the Unite

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Speech of Hon John Cadwalader of Pennsylvania On the Legislation of the Unite
John Cadwalader
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The first partition of territory was made by a scries of acts, in the years 1787, 1789, and 1790, followed by an act of 1802. The power of tho Confederacy which preceded our present Constitu- tion, if determinable solely by the terms of the Ar- ticles of Confederation, was, perhaps, not greater on the subject in question than that of the Con- federacy subsequently organized under our present Constitution. But there was this difference: Un- der the old Confederacy^, members of Congress were in c
...onstant communion with the Legisla- tures and executive governments of the several States which they respectively represented. They constantly acted under direct legislative instruc- tions. As representatives of the several States, they might be, and often were, authorized by their respective Legislatures, to perform acts of sover- eignty — exercising a delegated authority not un- like the treaty-making power, and binding the States by compacts with the confederated Gov- ernment. It is difficult to measure the legal extent of their power, when exercised under the sanction or acquiescence of the States.

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