g peace or war, alliances, coinage, requisitions for money,
raising military force, or appointing its commander-in-chief. 2.
The lesser ones which comprehend all other matters submitted by the
Confederation to the federal head. 3. The single question of adjourning
from day to day. This gradation of questions is distinctly characterized
by the article.
In proportion to the magnitude of these questions, a greater concurrence
of the voices composing the Union was thought necessary. Three degrees
of concurrence, well distinguished by substantial circumstances, offered
themselves to notice. 1. A concurrence of a majority of the people of
the Union. It was thought that this would be insured by requiring the
voices of nine States; because according to the loose estimates which
had then been made of the inhabitants, and the proportion of them which
were free, it was believed, that even the nine smallest would include
a majority of the free citizens of the Union. The voices, therefore, of
nine States were required in the greater questions. 2. A concurrence of
the majority of the States. Seven constitute that majority. This number,
therefore, was required in the lesser questions. 3. A concurrence of the
majority of Congress, that is to say, of the States actually present
in it. As there is no Congress when there are not seven States present,
this concurrence could never be of less than four States. But these
might happen to be the four smallest, which would not include one
ninth part of the free citizens of the Union. This kind of majority,
therefore, was entrusted with nothing but the power of adjourning
themselves from day to day.
Here then are three kinds of majorities. 1. Of the people. 2. Of the
States. 3. Of the Congress. Each of which is entrusted to a certain
length.
Though the paragraph in question be clumsily expressed, yet it strictly
announces its own intentions. It defines with precision, the greater
questions, for which nine votes shall be requisite. In the lesser
questions, it then requires a majority of the United States in Congress
assembled: a term which will apply either to the number seven, as being
a majority of the States, or to the number four, as being a majority
of Congress. Which of the two kinds of majority was meant. Clearly that
which would leave a still smaller kind for the decision of the question
of adjournment. The contrary construction would be absurd.
This paragraph, therefore, should be
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