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Re: Union vs Constitution
In Response To: Re: Union vs Constitution ()

"On September 13, 1788, the Articles Congress certified that the new Constitution had been ratified. The new government would be inaugurated with eleven of the thirteen. The Articles Congress directed the new government to begin in New York City on the first Wednesday in March, [58] and on March 4, 1789, the government duly began operations." Source Wikipedia.

Nope. Wikipedia strikes again.

The U.S. Constitution was ratified on June 21, 1788 with New Hampshire's vote, that still left Virginia (four days later), New York (1 month later), North Carolina (1789) and Rhode Island (1790) under the AOC. The laws of the U.S. Constitution only applied to those States that ratified it. The Republic of Vermont ratified it on January 10, 1791. Where these States guilty for not consenting to the supreme law of the land? No they were not...

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Reports of cases argued and decided in the Supreme Court of the United States

Cross Et Al. v. Harrison Supreme Court Case, 1853.

From those authorities {Articles of Confederation} it will appear that the States, individually, regulated their foreign commerce and duties, and were in this respect foreign sovereigns to each other, and they maintained this relation until the adoption of the Constitution of the United States. Thus we find that by the 7th Article of the Constitution, the ratification thereof by the conventions of nine of the original thirteen States was to be sufficient for the establishment of the Constitution, and that on 26th July, 1788. eleven of the thirteen had adopted it, and that North Carolina and Rhode Island stood aloof; the first until 2d November, 1789, and the last till 29th May. 1790. (See Mr. Dickey's Book, published in 1847, p. 24.)

Between the 26th July, 1788, and 29th May. 1790, Rhode Island was therefore in the position of a foreign State, regulating her own commerce, and laying her own duties, and she did not send deputies to the convention al Philadelphia to form a constitution. (See Gales & Seaton's History of Debates in Congress from 1789 to 1791, Vol. I., p. 4 of Introduction.) Rhode Island was thus in a position to force British goods into the United States by Long Island and Connecticut. (Id., p. 124, Mr. Boudinot's speech.) She did, in fact, enter into the neighboring States linen and barley that had not paid duty to the United States. (Id., p. 164.)

(d.) The position of North Carolina and of Rhode Island was that of foreign Slates, as to the United States, and they were so treated by the Congress of the United States, under the Constitution. Thus (Gales & Seaton's History of Debates in Congress from 3d March, 1787, to 3d March, 1791, Vol. I., pp. 1011, 1012), a bill passed the Senate to prevent goods from being brought from Rhode Island into the United States; and (History of Congress from March 4, 1789, to March 31, 1793, by Carey, Lea & Blanchard, p. 609, 2d sess. 1 Consr., Senate Journal, p. 134) on 28th April, 1790, a committee was appointed to consider what provisions would be proper for Congress to make respecting Rhode Island; and on 11th May, 1790, their report was considered (same Journal, pp. 138, 139), and a resolution was passed, that all commercial intercourse between the United States and Rhode Island from 1st July next be prohibited; and on 13th May, 1790, the com mil ire reported a bill for that purpose; Od 14th May it was ordered to a third reading, and on the 18th May it was passed by the Senate, 13 171*] ayes to 7 noes. *In the House, it passed first and second readings; and on 1st June, 1790, the President communicated, by a message to both houses, that Rhode Island had acceded to the Constitution. (See House Journal, p. 219, 232; also, Gales & Seaton's History of Debates in Congress, Vol. II., p. 1009, 11th May, 1790.) When Rhode Island came into the Union, Acts of Congress were passed to extend to this State the laws of Congress relative to the judiciary, the census, &c. (Vol. I.. Gales & Seaton's History of Debates in Congress, pp. 1020, 1023, 1026; Id.. 1711; also, Id., 1006.)

The State of Vermont was admitted by 1 Stat, at L., 191, ch. 7, February. 1791, and laws extended over her by ch. 12, March, 1791, 1 Stat, at L., 197, 198.

Rhode Island and North Carolina were, therefore, until they adopted the Constitution of the United States, foreign to the United States, and to the laws of Congress, and were outside of all provisions in regard to commerce and duties unless expressly named in the statutes of Congress. The General Collection Act of 81st July, 1789, ch. 5 (1 Stat, at Large, p. 29), by section 1, establishes collection districts, in each of the eleven States that had adopted the Constitution; and by section 39. 1 L. U. S., 48, recites that North Carolina and Rhode Island had not adopted the Constitution, and " lays duties on goods not the produce of those States, when imported from either of them into the United States." The Act of 16th September, 1789, ch. 15 (1 Stat, at L., 69), section 2, gives to vessels of North Carolina and Rhode Island the same privileges, when registered, as to vessels of the United Slates; section 3 lavs on rum, loaf-sugar and chocolate made in North Carolina and Rhode Island, the same duties as when imported from other foreign countries; neither North Carolina nor Rhode Island were embraced in the Act of 23d September, 1789. ch. 18, to compensate the judges of the Supreme Court (I Stat, at L., 72), and of 24th September, 1789, eh. 20, establishing the judiciary of the United States (1 Stat, at L., 73). North Carolina was brought within the revenue laws by the Act of 8th February, 1790. sec. 1, ch. 1 (1 Stat, at L., 99); and the Judiciary Act was extended to North Carolina 4th June, 1790, ch. 17 (1 Stat, at L., 126). And the second section of Act of 16th September, 1789. was revived against Rhode Island bv the first section of the Act of 8th of FebruaYv, 1790 (1 Slat, at L., 100). The Census Act of the 1st March, 1790, ch. 2, did not embrace her. (1 Stat, at L., 102.) And on the 4lh June, 1790, ch. 19(1 Stat, at L., 127), the Revenue Acts were extended to Rhode Island, and by reason thereof, the thirty-ninth section of the Act 1789, ch. 5, ceased to operate, when she came into the Union; and on 23d 172*] Mime, 1790, ch. 21. extended the Ju diciary Act to Rhode Island; and the law of 5th July, 1790, extended to her the Census Act.

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David Upton

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Union vs Constitution
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