A New Corporate Body—With We the People as Shareholders
Directly below Blackstone’s paragraph about dissolution of corporations, James Wilson wrote "pr Eq II Kaims". (Principles of Equity, Book II, Kaims [later standardized to Kames])
Book II of Principles of Equity was about the utility of equity law, advocating remedies outside of the strict letter of the law to prevent individual or societal harm.
Perhaps more than any other delegate, James Wilson saw the Convention proceedings as a grand case in Kamesian equity. As a consummate lawyer, Wilson understood:
1. The Articles of Confederation was a breached compact causing public harm, and was without remedy.
2. The Confederation Congress was a failed corporate body that had forfeited its authority due to non-performance, and needed to be dissolved.
3. A new corporate body (government) and new Constitution were the equitable remedies to protect the nation’s shareholders, We the People.
The Convention’s equitable and revolutionary reconstitution of We the People and government powers would play out dynamically in a nation whose massive growth was already underway.
Next: A Constitution for Thirteen States and States Yet to Come