CHAPTER VII

THE POLITICAL DOCTRINES OF THE MEMBERS OF THE CONVENTION

Having examined the economic implications of the Constitution in the

light of the greatest of all commentaries, _The Federalist_, it is now

interesting to inquire whether the members of the Convention at large

entertained substantially identical views as to the political science of

the system. There are several difficulties in the way of such an

investigation. Not all of the delegates, indeed not all of the most

influential, were speech makers or writers or philosophers. As intensely

practical men they were concerned with tangible results, not with the

manner in which political scientists might view the details of their

operations. There is, accordingly, a considerable danger of attempting

too much in making generalizations, and to obviate this as far as

possible, the method of taking the members in alphabetical order is

adopted, and the evidence of the views entertained by each is fully

documented.[437]

The leaders in politics and political philosophy in the eighteenth

century were not far removed from that frank recognition of class rights

which characterized English society, and they were not under the

necessity of obscuring—at least to the same extent as modern partisan

writers—the essential economic antagonisms featuring in law and

constitution making. Their clarity of thought was greatly facilitated by

the disfranchisement of the propertyless, which made it unnecessary for

political writers to address themselves to the proletariat and to

explain dominant group interests in such a manner as to make them appear

in the garb of “public policy.”

There does not appear, of course, in the writings of American political

scientists in the eighteenth century, that sharp recognition of class

rights which characterizes the feudal legists, because within the

propertied interests politically represented in the government, there

were divisions which had to be glossed over; and there were also

mutterings of unrest on the part of the disfranchised which later broke

out in the storm that swept away the property qualifications on voters

and introduced political equalitarianism. Under these circumstances the

supporters of the Constitution had to be somewhat circumspect in the

expression of their views; but, happily for science, the proceedings at

Philadelphia during the drafting of the Constitution were secret, and

they were able to discuss with utmost frankness the actual

politico-economic results which they desired to reach. Fortunately,

also, fragmentary reports of these proceedings have come down to us, and

have been put in a definitive form by Professor Farrand.

_Abraham Baldwin_, of Georgia, did not indulge in any lengthy

disquisitions on government in the Convention, and his literary remains

are apparently very meagre. However, his view that the Senate of the

United States ought to represent property came out in the debate on June

29, over a motion by Ellsworth to the effect that the “rule of suffrage

in the second branch be the same as that established by the Articles of

Confederation.” Baldwin immediately opposed the proposition, saying, “He

thought the second branch ought to be the representation of property,

and that in forming it therefore some reference ought to be had to the

relative wealth of their constituents, and to the principles on which

the senate of Massachusetts was constituted.”[438] At the time the

senate of that commonwealth rested upon special freehold and personalty

qualifications,[439] and the members were apportioned among the several

districts on the basis of the amount of taxes paid by each. It is thus

apparent that Baldwin wished the Senate of the new government to be

based frankly upon property.

_Gunning Bedford_, of Delaware, did not participate extensively in the

debates of the Convention, but it seems from the character of the few

remarks that he made that he favored a more democratic form than was

finally adopted, although he signed the Constitution. This inference is

drawn from a brief notice of his objection to the establishment of a

council of revision composed of the executive and a certain number of

the judiciary to exercise a sort of censorship over the acts of

Congress. Madison records as follows: “Mr. Bedford was opposed to every

check on the Legislative, even the Council of Revision first proposed.

He thought it would be sufficient to mark out in the Constitution the

boundaries to the Legislative Authority, which would give all the

requisite security to the rights of the other departments. The

Representatives of the People were the best judges of what was for their

interest, and ought to be under no external controul whatever. The two

branches would produce a sufficient controul within the Legislature

itself.”[440]

_Jacob Broom_ was among those who wished to “lessen the dependence of

the general government on the people,” to use Jefferson’s phrase, by

lengthening the terms of public officers. He seconded Read’s motion to

increase the term of Senators to nine years;[441] he opposed the

election of the executive by popular vote, and supported Luther Martin’s

resolution in favor of election by electors appointed by the

legislatures of the several states;[442] he wished to give life tenure

to the executive, that is, during good behavior,[443] and he favored the

suggestion that Congress should be given a negative over state

legislatures.[444] Broom seldom spoke in the Convention, but there is no

doubt that he believed in a restricted and well “balanced” democracy.

_Pierce Butler_, of South Carolina, on more than one occasion urged

the desirability of making property at least one of the elements in

the distribution of representation. On June 6, when Charles Pinckney

moved that the lower house of the national legislature should be

chosen by the state legislatures and not by the people, Butler said:

“I am against determining the mode of election until the ratio of

representation is fixed—if that proceeds on a principle favorable to

wealth as well as numbers of free inhabitants, I am content to unite

with Delaware (Mr. Read) in abolishing the state legislatures and

becoming one nation instead of a confederation of republics.”[445] In

connection with a discussion of the Senate, “he urged that the second

branch ought to represent the states according to their

property.”[446] Later in the sessions of the Convention he again

“warmly urged the justice and necessity of regarding wealth in the

apportionment of representation.”[447] He was also particularly

solicitous about slave property, and he declared that “the security

which the southern states want is that their negroes may not be taken

from them.”[448]

_Daniel Carroll_ favored the popular election of the executive, but he

advocated a three-fourths vote in Congress to overcome the executive

veto. Speaking on this point, “He remarked that as a majority was now to

be the quorum, seventeen in the larger and eight in the smaller house

might carry points. The advantage that might be taken of this seemed to

call for greater impediments to improper laws.”[449] Carroll did not

indulge in any philosophic reflections in the Convention so that his

“political science,” if he had worked out any definite system, is not

apparent in the records.

_George Clymer_ entertained the notions of government which were

common to the Federalists of his time. He held that “a representative

of the people is appointed to think _for_ and not _with_ his

constituents”;[450] and invariably, during the course of his career,

he “showed a total disregard to the opinions of his constituents when

opposed to the matured decisions of his own mind.” It was on these

principles that he “warmly opposed the proposition introducing a

clause in the Constitution which conferred upon the people the

unalienable right of instructing their representatives.”[451]

_W. R. Davie_, although he is reputed to have been an accomplished

orator and profound student, does not figure extensively in Madison’s

meagre records. At no point does he expound any philosophy of

government. His views were always practical. On the proposition to count

slaves in apportioning representation, he threw down the gauntlet to the

Convention, and declared that if the rate was not at least three-fifths,

North Carolina would not federate.[452] As to the basis of government

Davie “seemed to think that wealth or property ought to be represented

in the second branch; and numbers in the first branch.”[453]

Davie fully understood the significance of the obligation of contract

clause which was designed as a check on the propensities of popular

legislatures to assault private rights in property, particularly

personalty. Speaking in the convention of North Carolina on this clause,

he said: “That section is the best in the Constitution. It is founded on

the strongest principles of justice. It is a section, in short, which I

thought would have endeared the Constitution to this country.”[454]

Davie undoubtedly understood and approved the doctrines of balanced

classes in the government, as expounded in Adams’ _Defence of American

Constitutions_.[455]

At no time does Davie appear to have courted popular favor in his native

state, for a writer speaking of his candidacy for the legislature in

1798 says: “The ‘true Whigs,’ as they styled themselves, dined together

under the oaks and toasted Mr. Jefferson. The other party, who were

called ‘aristocrats,’ ate and drank in the house on entirely different

principles. General Davie dined in the house with the ‘aristocrats.’ The

‘true Whigs’ took offence at this and resolved to oppose his selection,

and it was only with much address that they were kept quiet.... If any

person had had the impudence to dispute the election, General Davie

would certainly not have been returned. The rabble, which in all places

is the majority, would have voted against him.”[456]

_John Dickinson_, of Delaware, frankly joined that minority which was

outspoken in its belief in a monarchy—an action that comported with his

refusal to sign the Declaration of Independence and his reluctance to

embark upon the stormy sea of Revolution. At the very opening of the

Convention, on June 2, he expressed his preference for a regal

government, although he admitted that the existing state of affairs

would not permit its establishment in America. Madison records him as

saying: “A limited Monarchy he considered as one of the best Governments

in the world. It was not certain that the same blessings were derivable

from any other form. It was certain that equal blessings had never yet

been derived from any of the republican form. A limited monarchy,

however, was out of the question.”[457]

Dickinson was also among the members of the Convention who wished to

establish a property qualification for voters because he thought no

other foundation for government would be secure. In the debate on this

subject on August 7, according to Madison’s notes: “Mr. Dickinson had a

very different idea of the tendency of vesting the right of suffrage in

the freeholders of the Country. He considered them as the best guardians

of liberty; And the restriction of the right to them as a necessary

defence agst. the dangerous influence of those multitudes without

property & without principle, with which our Country like all others,

will in time abound. As to the unpopularity of the innovation it was in

his opinion chimerical. The great mass of our Citizens is composed at

this time of freeholders, and will be pleased with it.”[458]

According to King’s notes: “Dickinson—It is said yr. restraining by ye

Constitution the rights of Election to Freeholders, is a step towards

aristocracy—is this true, No.—we are safe by trusting the owners of the

soil—the Owners of the Country—it will not be unpopular—because the

Freeholders are the most numerous at this Time—The Danger to Free

Governments has not been from Freeholders, but those who are not

Freeholders—there is no Danger—because our Laws favor the Division of

property—The Freehold will be parcelled among all the worthy men in the

State—The Merchants & Mechanicks are safe—They may become Freeholders

besides they are represented in ye State Legislatures, which elect the

Senate of the U.S.”[459]

No member of the Convention distrusted anything savoring of “levelling

democracy” more than _Oliver Ellsworth_. Later as Chief Justice he

denounced from the bench Jefferson and the French party as “the apostles

of anarchy, bloodshed, and atheism.”[460] In the Convention, he opposed

the popular election of the President[461] and favored associating the

judges with the executive in the exercise of a veto power over acts of

Congress.[462] He believed in the restriction of the suffrage to those

who paid taxes.[463] He was a warm advocate of judicial control, in

general, and thoroughly understood the political significance of the

system.[464]

_Thomas Fitzsimons_, the wealthy merchant and stockbroker from

Pennsylvania, was, after his kind, not a loquacious man, but rather a

man of action—a practical man; and the records of the Convention contain

no lengthy speech by him. When Gouverneur Morris, on August 7, proposed

to restrain the right to vote to freeholders, Fitzsimons seconded the

motion, apparently without saying anything on the point.[465] While he

thus sympathized with the movement to set the Constitution frankly on a

property basis, Fitzsimons was naturally more interested in such matters

as protection to manufactures and harbor improvements.[466]

_Benjamin Franklin_, who at the time of the Convention was so advanced

in years as to be of little real weight in the formation of the

Constitution, seems to have entertained a more hopeful view of democracy

than any other member of that famous group. He favored a single

chambered legislature,[467] opposed an absolute veto in the

executive,[468] and resisted the attempt to place property

qualifications on the suffrage.[469] He signed the Constitution when it

was finished, but he was accounted by his contemporaries among the

doubters, and was put forward by the opponents of ratification in

Pennsylvania as a candidate for the state convention, but was

defeated.[470]

_Elbridge Gerry_, of Massachusetts, participated extensively in the

debates of the Convention, but his general view of government was

doubtless stated in his speech on May 31, when he expressed himself as

not liking the election of members of the lower house by popular vote.

He said on this point: “The evils we experience flow from the excess of

democracy. The people do not want virtue; but are the dupes of pretended

patriots. In Massts. it has been fully confirmed by experience that they

are daily misled into the most baneful measures and opinions by the

false reports circulated by designing men, and which no one on the spot

can refute. One principal evil arises from the want of due provision for

those employed in the administration of Governnt. It would seem to be a

maxim of democracy to starve the public servants. He mentioned the

popular clamour in Massts. for the reduction of salaries and the attack

made on that of the Govr. though secured by the spirit of the

Constitution itself. He had, he said, been too republican heretofore: he

was still, however, republican, but had been taught by experience the

danger of the levelling spirit.”[471]

When the proposition that Senators should be elected by the state

legislatures was up for consideration, “Mr. Gerry insisted that the

commercial and monied interest wd. be more secure in hands of the State

Legislatures, than of the people at large. The former have more sense of

character, and will be restrained by that from injustice. The people are

for paper money when the Legislatures are agst. it. In Massts. the

County Conventions had declared a wish for a depreciating paper that wd.

sink itself. Besides, in some States there are two Branches in the

Legislature, one of which is somewhat aristocratic. There wd. therefore

be so far a better chance of refinement in the choice.”[472]

_Nicholas Gilman_ was by temper and interest a man of affairs, more

concerned with the stability of public securities and the development of

western land schemes than with political theorizing. From Madison’s

record he does not appear to have said anything in the Convention.

_Nathaniel Gorham_ was opposed to property qualifications on the

suffrage in the federal Constitution and the association of the

judiciary with the executive in the exercise of the veto power.[473]

Speaking on the latter point, however, he said, “All agree that a check

on the legislature is necessary. But there are two objections against

admitting the judges to share in it which no observations on the other

side seem to obviate. The 1st is that the judges ought to carry into the

exposition of the laws no prepossessions with regard to them; 2d that as

the judges will outnumber the executive, the revisionary check would be

thrown entirely out of the executive hands, and instead of enabling him

to defend himself would enable the judges to sacrifice him.”

_Alexander Hamilton_ had a profound admiration for the British

constitution. “The House of Lords,” he said in the Convention, “is a

noble institution. Having nothing to hope for by a change and a

sufficient interest by means of their property, in being faithful to the

national interest, they form a permanent barrier against every

pernicious innovation whether attempted on the part of the Crown or of

the Commons.”[474] Doubtless his maturely considered system of

government was summed up in the following words: “All communities divide

themselves into the few and the many. The first are the rich and well

born, the other the mass of the people. The voice of the people has been

said to be the voice of God; and however generally this maxim has been

quoted and believed, it is not true in fact. The people are turbulent

and changing; they seldom judge or determine right. Give therefore to

the first class a distinct, permanent share in the government. They will

check the unsteadiness of the second, and as they cannot receive any

advantage by a change, they therefore will ever maintain good

government. Can a democratic assembly who annually revolve in the mass

of the people, be supposed steadily to pursue the public good? Nothing

but a permanent body can check the imprudence of democracy.... It is

admitted that you cannot have a good executive upon a democratic

plan.”[475] In consonance with these principles Hamilton outlined his

scheme of government which included an assembly to consist of persons

elected for three years by popular vote, a senate chosen for life or

during good behavior by electors chosen by the voters, and a president

also elected for life or during good behavior by electors chosen by the

voters. The Convention failed to adopt his programme, and he entertained

a rather uncertain view of the Constitution as it was finally drafted,

doubting its stability and permanency.

_William Houstoun_, of Georgia, seems to have spoken only once or twice;

but he gave an indication of his political science in a remark which he

made to the effect that the Georgia constitution “was a very bad one,

and he hoped it would be revised and amended.”[476] The constitution to

which he alludes was the radical instrument made in 1777, which provided

for a legislature with a single chamber and an unusually wide extension

of the suffrage.[477]

_Jared Ingersoll_, in spite of his great abilities as a student and

lawyer, seems to have taken no part at all in the debates of the

Convention. Such at least is the view to which Madison’s records lead.

Something is known, however, of the political principles which he

entertained. Though he became intimately associated with President Reed

on his migration to Philadelphia in 1778, he never accepted the extreme

democratic principles embodied in the constitution of that state in

1776.[478] His biographer, after making an exception of Ingersoll’s

services in the Convention, says: “I am not aware that he held or sought

a position in any popular or representative body whatever. He was what

is called conservative in politics; that is to say, he was not by

constitutional temper a rebuilder or reconstructor of anything that had

been once reasonably well built; nor was his favorite order of political

architecture, the democratic. After the great subversion in 1801 he was

found as rarely as anybody in Pennsylvania on the side of the majority.

He was known to be inclined to the contrary, so far that with or without

his consent he was selected in that state, in the year 1812, as the

opposition or anti-Madisonian candidate for the office of Vice-President

of the United States.”[479]

_Rufus King_ correctly understood the idea of a balanced government

independent of “popular whims” and endowed with plenty of strength. He

favored a long term for the President, and speaking on the executive

department in the Convention he “expressed his apprehensions that an

extreme caution in favor of liberty might enervate the government we

were forming. He wished the house to recur to the primitive axiom that

the three great departments of governments should be separate and

independent: that the executive and the judiciary should be so, as well

as the legislative: that the executive should be equally so with the

judiciary.... He [the executive] ought not to be impeachable unless he

hold his office during good behavior, a tenure which would be most

agreeable to him; provided an independent and effectual forum could be

devised. But under no circumstances ought he to be impeachable by the

legislature. This would be destructive of his independence and of the

principles of the constitution. He relied on the vigor of the executive

as a great security for the public liberties.”[480] King also believed

in the principle of judicial control—that most effective check on the

popular attacks on property through legislatures.[481]

It was largely on King’s initiative that the prohibition against

interference with contracts was placed in the Constitution.[482]

_William Livingston_ took a middle ground between the “high-toned”

system of John Adams and the simple democracy of such writers as

“Centinel” of Pennsylvania.[483] _The Defence of the Constitutions_ he

impatiently characterized as “rubbage”; and a “Humiliating and

mortifying acknowledgement that man is incapable of governing himself.”

But for the opposite party that would set up a simple democratic

government through legislative majorities, Livingston had just as little

patience. “The security of the liberties of a people or state depends

wholly on a proper delegation of power. The several component powers of

government should be so distributed that no one man, or body of men,

should possess a larger share thereof than what is absolutely necessary

for the administration of government.... The people ever have been and

ever will be unfit to retain the exercise of power in their own hands;

they must of necessity delegate it somewhere.... But it has been found

from experience that a government by representation, consisting of a

single house of representatives, is in some degree liable to the same

inconveniences which attend a pure democracy; a few leading men

influence the majority to pass laws calculated not for the public good,

but to promote some sinister views of their own. To prevent this,

another representative branch is added: these two separate houses form

mutual checks upon each other; but this expedient has not been found to

be altogether effectual. If the legislative power, even tho’ vested in

two distinct houses is left without any controul, they will inevitably

encroach upon the executive and judicial.... But further, as prejudices

always prevail, more or less, in all popular governments, it is

necessary that a check be placed somewhere in the hands of a power not

immediately dependent upon the breath of the people, in order to stem

the torrent, and prevent the mischiefs which blind passions and

rancorous prejudices might otherwise occasion. The executive and

judicial powers should of course then be vested with this check or

controul on the legislature; and that they may be enabled fully to

effect this beneficial purpose, they should be rendered as independent

as possible.... Tho’ it is so short a time since our governments have

been put in motion, yet examples have not been wanting of the prevalence

of this dangerous thirst after more power in some of our legislatures; a

negative therefore lodged in the hands of the executive and judicial

powers, is absolutely necessary in order that they may be able to defend

themselves from the encroachments of the legislature.”[484] Livingston

thought that there were some grave defects in the Constitution as

drafted at Philadelphia and proposed some emendations. He believed that

the President should enjoy the appointing power without any control by

the Senate; he thought the Chief Justice should hold office during good

behavior and be empowered to appoint his colleagues; and he further held

that the President, the Chief Justice, and a Superintendent of Finance

should be organized into a council of revision to pass upon the acts of

Congress.

_James McClurg_, of Virginia, left the Convention during the early part

of August, and was silent on most of the questions before that body. On

July 17th, he proposed that the term of the executive should be changed

from seven years to “good behavior”;[485] and he was particularly

anxious to have the executive independent of the legislature. He said

that he “was not so much afraid of the shadow of monarchy as to be

unwilling to approach it; nor so wedded to republican government as not

to be sensible of the tyrannies that had been and may be exercised under

that form. It was an essential object with him to make the executive

independent of the legislature; and the only mode left for effecting it,

after the vote destroying his ineligibility the second time, was to

appoint him during good behavior.”[486] That McClurg had small respect

for legislatures in general is shown by a letter which he wrote to

Madison from Virginia on August 7, 1787, in which he said: “The

necessity of some independent power to controul the Assembly by a

negative, seems now to be admitted by the most zealous Republicans—they

only differ about the mode of constituting such a power. B. Randolph

seems to think that a magistrate annually elected by the people might

exercise such a controul as independently as the King of G. B. I hope

that our representative, Marshall, will be a powerful aid to Mason in

the next Assembly. He has observ’d the continual depravation of Mens

manners, under the corrupting influence of our Legislature; & is

convinc’d that nothing but the adoption of some efficient plan from the

Convention can prevent Anarchy first, & civil convulsions

afterwards.”[487]

_James McHenry_ belonged to the conservative party of his state and

opposed “radical alterations” in the constitution of that commonwealth

as it stood in November, 1791.[488]

Writing in February, 1787, on the property qualifications placed on

voters and representatives in Maryland, McHenry explained that

“These disabilities, exclusions, and qualifications have for their

object an upright legislature, endowed with faculties to judge of

the things most proper to promote the public good.” He was warmly

opposed to the doctrine that the people had a right to instruct

their representatives.[489] Democracy was, in his opinion,

synonymous with “confusion and licentiousness.”[490]

_James Madison_ was the systematic philosopher of the Convention and set

forth his views with such cogency and consistency on so many different

topics that no short quotations will suffice to state his doctrines. His

general scheme of political science was, however, embodied in the tenth

number of _The Federalist_ which has been discussed above and need not

be reconsidered here.[491]

_Alexander Martin_ was among the silent members of the Convention, for

Madison records only an occasional and incidental participation by him

in the proceedings.

_Luther Martin_ was the champion of the extreme states’ rights’ view,

and entertained rather democratic notions for his time, although, in

arguing against the clause prohibiting Congress to issue paper money, he

held that, “considering the administration of the government would be

principally in the hands of the wealthy,” there could be little danger

from an abuse of this power. Martin was in fact a champion of paper

money in his state, and he opposed that part of the Constitution which

prohibited the emission of bills of credit. As a representative of the

more radical section of his community, he was against the clauses

restricting the states to the use of the gold and silver coin of the

United States, and was opposed to the clause forbidding the impairment

of the obligation of contract. Speaking on the latter point he said:

“There might be times of such great public calamities and distress, and

of such extreme scarcity of specie, as should render it the duty of a

government for the preservation of even the most valuable part of its

citizens in some measure to interfere in their favor, by passing laws

totally or partially stopping the courts of justice, or authorizing the

debtor to pay by installments, or by delivering up his property to his

creditors at a reasonable and honest valuation. The times have been such

as to render regulations of this kind necessary in most or all of the

states, to prevent the wealthy creditor and the moneyed man from totally

destroying the poor, though even industrious debtor. Such times may

again arrive.... I apprehend, Sir, the principal cause of complaint

among the people at large, is the public and private debt with which

they are oppressed, and which in the present scarcity of cash threatens

them with destruction, unless they can obtain so much indulgence in

point of time that by industry and frugality they may extricate

themselves.”[492]

As might have been expected, a man entertaining such radical notions

about the power and duty of a government to interfere with the rights of

personalty in behalf of the debtor could not have accepted the

instrument framed at Philadelphia. In fact, Martin refused to sign the

Constitution; he wrote a vehement protest against it to the legislature

of his state; he worked assiduously against its ratification; and as a

member of the state convention, he voted against its approval by his

commonwealth—but in vain.

_George Mason_ thoroughly understood the doctrine of a balanced

government. Speaking in the Convention on the function of the upper

house, he said: “One important object in constituting the senate was to

secure the rights of property. To give them weight and firmness for this

purpose a considerable duration in office was thought necessary. But a

longer term than six years would be of no avail in this respect, if

needy persons should be appointed. He suggested therefore the propriety

of annexing to the office a qualification of property. He thought this

would be very practicable; as the rules of taxation would supply a scale

for measuring the degree of wealth possessed by every man.”[493] On

another occasion, he presented a motion requiring “certain

qualifications of landed property, in members of the legislature.”[494]

Although Mason refused to sign the Constitution, his reasons were based

on personal economic interests, not on any objections to its checks on

democratic legislatures.[495]

_J. F. Mercer_, of Maryland, who opposed the Constitution in its final

form and became the belligerent anti-federalist leader in that state,

does not appear to have been so warmly devoted to the “people’s cause,”

behind the closed doors of the Convention, for he took exceptions to the

proposition that the determination of the qualifications of voters

should be left to the several states. But his particular objection was

“to the mode of election by the people. The people cannot know and judge

of the characters of candidates. The worst possible choice will be

made.”[496]

_Thomas Mifflin_ took no part worthy of mention in the proceedings of

the Convention, and expounded no views of government during the debates.

_Gouverneur Morris_, of Pennsylvania, was the leader of those who wanted

to base the new system upon a freehold suffrage qualification; and, on

August 7, he made a motion to this effect. In the course of the

discussion which followed, Morris said: “He had long learned not to be

the dupe of words. The sound of Aristocracy, therefore, had no effect on

him. It was the thing, not the name, to which he was opposed, and one of

his principal objections to the Constitution as it is now before us, is

that it threatens this Country with an Aristocracy. The Aristocracy will

grow out of the House of Representatives. Give the votes to people who

have no property, and they will sell them to the rich who will be able

to buy them. We should not confine our attention to the present moment.

The time is not distant when this Country will abound with mechanics &

manufacturers who will receive their bread from their employers. Will

such men be the secure & faithful Guardians of liberty? Will they be the

impregnable barrier agst. aristocracy?—He was as little duped by the

association of the words, ‘taxation & Representation’—The man who does

not give his vote freely is not represented. It is the man who dictates

the vote. Children do not vote. Why? because they want prudence, because

they have no will of their own. The ignorant & the dependent can be as

little trusted with the public interest. He did not conceive the

difficulty of defining ‘freeholders’ to be insuperable. Still less that

the restriction could be unpopular. 9/10 of the people are at present

freeholders and these will certainly be pleased with it. As to Merchts.

&c. if they have wealth & value the right they can acquire it. If not

they don’t deserve it.”[497]

In all the proceedings of the Convention, Morris took a deep interest

and expressed his views freely, always showing his thorough distrust of

democratic institutions. As his biographer, Mr. Roosevelt puts it, “He

throughout appears as the _advocatus diaboli_; he puts the lowest

interpretation upon every act, and frankly avows his disbelief in all

generous and unselfish motives. His continual allusions to the

overpowering influence of the baser passions, and to their mastery of

the human race at all times, drew from Madison, although the two men

generally acted together, a protest against his ‘forever inculcating the

utter political depravity of men, and the necessity of opposing one vice

and interest as the only possible check to another vice and

interest.’”[498] This protest from Madison, however, betrays

inconsistency, for on more than one occasion in the Convention he

expounded principles substantially identical with those which he

reprobated in Morris.[499] Indeed, what appeared to be cynical

eccentricity on the part of the latter was nothing more than unusual

bluntness in setting forth Federalist doctrines.

_Robert Morris_, the merchant prince and speculator of Pennsylvania,

seems to have broken his rule of absolute silence only two or three

times in the Convention, and he apparently made no speech at all. He

nominated Washington as president of the assembly, and seconded Read’s

motion that Senators should hold office during good behavior.[500] There

is no doubt that Morris appreciated the relative weight of speeches and

private negotiations.[501]

In the proceedings of the Convention, _William Paterson_ was chiefly

concerned with protecting the rights of small states; but he signed the

Constitution, and after its adoption became an ardent Federalist,

serving as an associate justice of the Supreme Court. On the bench he

was one of the most scholarly and eminent supporters of the doctrine of

judicial control over legislation.[502]

_William Pierce_ took little part in the proceedings of the Convention.

On the question of states’ rights he held a broad view, saying, “state

distinctions must be sacrificed so far as the general government shall

render it necessary—without, however, destroying them altogether.

Although I am here as a representative from a small state, I consider

myself as a citizen of the United States, whose general interest I will

always support.”[503] On no occasion, apparently, did Pierce indulge in

any general reflections on the basis of all government. He did not sign

the Constitution, but he explained this fact by saying, “I was absent in

New York on a piece of business so necessary that it became unavoidable.

I approve of its principles and would have signed it with all my heart

had I been present. To say, however, that I consider it as perfect would

be to make an acknowledgement immediately opposed to my judgment.”[504]

_Charles Pinckney_ was among the members of the Convention who thought

that it was desirable to fix the property qualifications of members of

the national legislature firmly in the Constitution. Speaking on the

subject of property and government he said: “The Committee as he had

conceived were instructed to report the proper qualifications of

property for the members of the Natl. Legislature; instead of which they

have referred the task to the Natl. Legislature itself. Should it be

left on this footing, the first Legislature will meet without any

particular qualifications of property; and if it should happen to

consist of rich men they might fix such qualifications as may be too

favorable to the rich; if of poor men, an opposite extreme might be run

into. He was opposed to the establishment of an undue aristocratic

influence in the Constitution, but he thought it essential that the

members of the Legislature, the Executive, and the Judges—should be

possessed of competent property to make them independent & respectable.

It was prudent when such great powers were to be trusted to connect the

tie of property with that of reputation in securing a faithful

administration. The Legislature would have the fate of the Nation put

into their hands. The President would also have a very great influence

on it. The Judges would have not only important causes between Citizen &

Citizen but also where foreigners were concerned. They will even be the

Umpires between the U. States and individual States as well as between

one State & another. Were he to fix the quantum of property which should

be required, he should not think of less than one hundred thousand

dollars for the President, half of that sum for each of the Judges, and

in like proportion for the members of the Natl. Legislature. He would

however leave the sum blank. His motion was that the President of the U.

S., the Judges, and members of the Legislature should be required to

swear that they were respectively possessed of a clear unincumbered

Estate to the amount of —— in the case of the President, &c &c—”[505]

Pinckney, in fact, had no confidence in popular government, for on March

28, 1788, he wrote to Madison: “Are you not ... abundantly impressed

that the theoretical nonsense of an election of Congress by the people

in the first instance is clearly and practically wrong, that it will in

the end be the means of bringing our councils into contempt.”[506]

_General Charles Cotesworth Pinckney_ entertained views with regard to

the special position that should be enjoyed by property, which were

substantially identical with those held by his cousin. He proposed that

no salary should be paid to members of the Senate. As this branch, he

said, “was meant to represent the wealth of the country, it ought to be

composed of persons of wealth; and if no allowance was to be made the

wealthy alone would undertake the service.”[507] General Pinckney also

wished to extend property qualifications not only to members of the

legislature, but also to the executive and judicial departments.[508]

_Edmund Randolph_ was not only fully aware of the distress to which

property had been put under the Articles of Confederation, but he also

understood the elements of a “balanced” government. Speaking on the

subject of the structure of the Senate, he said: “If he was to give an

opinion as to the number of the second branch, he should say that it

ought to be much smaller than that of the first, so small as to be

exempt from the passionate proceedings to which numerous assemblies are

liable. He observed that the general object was to provide a cure for

the evils under which the U. S. Laboured; that in tracing these evils to

their origin every man had found it in the turbulence and follies of

democracy: that some check therefore was to be sought for agst. this

tendency of our governments: and that a good Senate seemed most likely

to answer the purpose.... Mr. Randolph was for the term of 7 years. The

Democratic licentiousness of the State Legislatures proved the necessity

of a firm Senate. The object of this 2d. branch is to controul the

democratic branch of the Natl. Legislature. If it be not a firm body,

the other branch being more numerous, and coming immediately from the

people, will overwhelm it. The Senate of Maryland constituted on like

principles had been scarcely able to stem the popular torrent. No

mischief can be apprehended, as the concurrence of the other branch, and

in some measure, of the Executive, will in all cases be necessary. A

firmness & independence may be the more necessary also in this branch,

as it ought to guard the Constitution agst. encroachments of the

Executive who will be apt to form combinations with the demagogues of

the popular branch.”[509]

_George Read_ was most outspoken in his desire to see the Articles of

Confederation completely discarded. He said that “he was against

patching up the old federal system: he hoped the idea would be

dismissed. It would be like putting new cloth on an old garment. The

Confederation was founded on temporary principles. It cannot last; it

cannot be amended.”[510] He favored vesting an absolute veto power in

the executive;[511] and he proposed that Senators should hold office

during good behavior.[512]

_John Rutledge_ held that the apportionment of representatives should be

on a basis of wealth and population.[513] He favored a property

qualification for the legislative, executive, and judicial

departments;[514] and he thought that Senators should not be paid.[515]

In fact, he was one of the most ardent champions of the rights of

property in government in the Convention. He was strictly opposed to the

introduction of sentimental considerations in politics, for, speaking on

an aspect of slavery and the Constitution, he said: “Religion & humanity

had nothing to do with this question—Interest alone is the governing

principle with Nations—The true question at present is whether the

Southn. States shall or shall not be parties to the Union. If the

Northern States consult their interests they will not oppose the

increase of Slaves which will increase the commodities of which they

will become the carriers.”[516]

_Roger Sherman_ believed in reducing the popular influence in the new

government to the minimum. When it was proposed that the members of the

first branch of the national legislature should be elected, Sherman said

that he was “opposed to the election by the people, insisting that it

ought to be by the state legislatures. The people, he said, immediately

should have as little to do as may be about the government. They want

information and are constantly liable to be misled.”[517]

_Richard Dobbs Spaight_ does not seem to have made any very lengthy

speeches in the Convention, but his occasional motions show that he was

not among those who believed in “frequent recurrence to the people.” On

September 6, he moved that the length of the President’s term be

increased to seven years, and finding this lost he attempted to

substitute six years for four.[518] Spaight was the one member of the

Convention, however, who came out clearly and denounced judicial

control;[519] but he nevertheless proved a stout champion of the

Constitution in North Carolina—defending it warmly against charges to

the effect that it was aristocratic in character.[520]

_Caleb Strong_ carried into the Convention the old Massachusetts

tradition in favor of frequent elections. He favored a one year term for

representatives,[521] voted against a seven year term for

President,[522] and also opposed a seven year term for Senators.[523] He

supported the Constitution, however, in his native state, and was a

member of the convention that ratified it.

_George Washington’s_ part in the proceedings of the Convention was

almost negligible, and it does not appear that in public document or

private letter he ever set forth any coherent theory of government. When

he had occasion to dwell upon the nature of the new system he indulged

in the general language of the bench rather than that of the penetrating

observer. For example, in his Farewell Address, which was written

largely by Hamilton, he spoke of the government’s being “the offspring

of our own choice, uninfluenced and unawed, adopted upon full

investigation, and mature deliberation, completely free in its

principles, in the distribution of its powers, uniting security with

energy.”[524] He feared, however, the type of politics represented by

the Democratic Societies which sprang up during his administration, and

looked upon criticism of the government as akin to sedition.[525] Like

Jefferson, he also viewed with apprehension the growth of an urban

population, for in a letter to La Fayette at the time of the French

Revolution, he said, “The tumultuous populace of large cities are ever

to be dreaded. Their indiscriminate violence prostrates for the time all

public authority.”[526]

_Hugh Williamson_ was against placing property qualifications on voters

for members of Congress;[527] and he was opposed to the association of

the judges with the executive in the exercise of the veto power.[528] He

preferred to insert a provision requiring a two-thirds vote for every

“effective act of the legislature.”[529] He was, however, an opponent of

the paper money party in North Carolina[530] and in the Convention he

supported a proposition forbidding the states to pass ex post facto

laws, on the ground that “the judges can take hold of it.”[531]

_James Wilson_ was among the philosophers of the period who had

seriously pondered on politics in its historical and practical aspects.

In the Convention he took a democratic view on several matters. He

favored the annual election of representatives by the people,[532] he

advocated the popular election of United States Senators,[533] and he

believed also in the popular election of the President.[534] He

furthermore opposed the proposition to place property qualifications on

voters.[535] His check on popular legislation was to be found in

judicial control, at first in the association of the judges with the

executive in its exercise, and later in its simple, direct form.[536] In

fact, Wilson shared the apprehensions of his colleagues as to the

dangers of democratic legislatures, though he did not frankly advocate

direct property checks.[537] He doubtless believed that judicial control

would be sufficient.

_George Wythe_ was a representative of the old school of lawyers in

Virginia, and he was a profound student of historical jurisprudence,

although he apparently made no attempt to apply his learning to any of

the general political questions before the Convention. He was a warm

advocate of the doctrine of judicial control and gave practical effect

to principles while on the bench in Virginia.[538]

The conclusion seems warranted that the authors of _The Federalist_

generalized the political doctrines of the members of the Convention

with a high degree of precision, in spite of the great diversity of

opinion which prevailed on many matters.

An economic interpretation of the Constitution of the United States · 第 8 / 13 章