CHAPTER VI.

THE FEDERAL CONVENTION.

[Sidenote: Difficult problem before the convention.]

[Sidenote: Washington's solemn appeal.]

The Federal Convention did wisely in withholding its debates from the

knowledge of the people. It was felt that discussion would be more

untrammelled, and that its result ought to go before the country as the

collective and unanimous voice of the convention. There was likely to be

wrangling enough among themselves; but should their scheme be unfolded,

bit by bit, before its parts could be viewed in their mutual relations,

popular excitement would become intense, there might be riots, and an

end would be put to that attitude of mental repose so necessary for the

constructive work that was to be done. It was thought best that the

scheme should be put forth as a completed whole, and that for several

years, even, until the new system of government should have had a fair

trial, the traces of the individual theories and preferences concerned

in its formation should not be revealed. For it was generally assumed

that a system of government new in some important respects would be

proposed by the convention, and while the people awaited the result the

wildest speculations and rumours were current. A few hoped, and many

feared, that some scheme of monarchy would be established. Such

surmises found their way across the ocean, and hopes were expressed in

England that, should a king be chosen, it might be a younger son of

George III. It was even hinted, with alarm, that, through gratitude to

our recent allies, we might be persuaded to offer the crown to some

member of the royal family of France. No such thoughts were entertained,

however, by any person present in the convention. Some of the delegates

came with the design of simply amending the articles of confederation by

taking away from the states the power of regulating commerce, and

intrusting this power to Congress. Others felt that if the work were not

done thoroughly now another chance might never be offered; and these men

thought it necessary to abolish the confederation, and establish a

federal republic, in which the general government should act directly

upon the people. The difficult problem was how to frame a plan of this

sort which people could be made to understand and adopt. At the very

outset some of the delegates began to exhibit symptoms of that peculiar

kind of moral cowardice which is wont to afflict free governments, and

of which American history furnishes so many instructive examples. It was

suggested that palliatives and half measures would be far more likely to

find favour with the people than any thorough-going reform, when

Washington suddenly interposed with a brief but immortal speech, which

ought to be blazoned in letters of gold, and posted on the wall of every

American assembly that shall meet to nominate a candidate, or declare a

policy, or pass a law, so long as the weakness of human nature shall

endure. Rising from his president's chair, his tall figure drawn up to

its full height, he exclaimed in tones unwontedly solemn with suppressed

emotion, "It is too probable that no plan we propose will be adopted.

Perhaps another dreadful conflict is to be sustained. If, to please the

people, we offer what we ourselves disapprove, how can we afterward

defend our work? Let us raise a standard to which the wise and the

honest can repair; the event is in the hand of God."

This outburst of noble eloquence carried conviction to every one, and

henceforth we do not hear that any attempt was avowedly made to avoid

the issues as they came up. It was a most wholesome tonic. It braced up

the convention to high resolves, and impressed upon all the delegates

that they were in a situation where faltering or trifling was both

wicked and dangerous. From that moment the mood in which they worked

caught something from the glorious spirit of Washington. There was need

of such high purpose, for two plans were presently laid before the

meeting, which, for a moment, brought out one of the chief elements of

antagonism existing between the states, and which at first seemed

irreconcilable. It was the happy compromise which united and harmonised

these two plans that smoothed the further work of the convention, and

made it possible for a stable and powerful government to be constructed.

[Sidenote: The root of all the difficulties.]

The first of these plans was known as the Virginia plan. It was agreed

upon in a committee of the delegates of that state, and was brought

forward by Edmund Randolph, governor of Virginia, in the name of the

state, but its chief author was Madison. It struck instantly at the root

of the difficulties under which the country had been staggering ever

since the Declaration of Independence. The federal government had

possessed no means of enforcing obedience to its laws. Its edicts were

without a sanction; and this was because they operated upon states, and

not upon individuals. When an individual defies the law, you can lock

him up in jail, or levy an execution upon his property. The immense

force of the community is arrayed against him, and he is as helpless as

a straw on the billows of the ocean. He cannot raise a militia to

protect himself. But when the law is defied by a state, it is quite

otherwise. You cannot put a state into jail, nor seize its goods; you

can only make war on it, and if you try that expedient you find that the

state is not helpless. Its local pride and prejudices are aroused

against you, and its militia will turn out in full force to uphold the

infraction of law. Against this obstinate and exasperated military force

what superior force can you bring? Under some rare combination of

circumstances you might get the military force of several of the other

states; but ordinarily, when what you are trying to do is simply to

enforce every-day laws, and when you simply represent a distrusted

general government in conflict with a local government, you cannot do

this. The other states will sympathize with the delinquent state; they

will feel that the very same condition of things which leads you to

attack that state to-day will lead you to attack some other state

to-morrow. Hence you cannot get any military help, and you are

powerless.

Such was the case with the Continental Congress. A novel and distrusted

institution, it was called upon to enforce its laws upon

long-established communities, full of sturdy independence and obstinate

local prejudices. It was able to act, though with clumsy slowness, as

long as there was an enemy in the field who was even more dreaded. But

as soon as this enemy had been beaten out of sight it could not act at

all. This had been because it did not represent the American people, but

only the American states. The vital force which moved it was not the

resistless force of a whole people, but only a shadowy semblance of

force, derived from a theoretical consent of thirteen corporate bodies,

which in their corporate capacity could never be compelled to agree

about anything under the sun; and unless compelled they would not agree.

Four years of disturbance in every part of the country, in the course of

which troops had been called out in several states, and civil war had

been narrowly averted at least half a dozen times, had proved this

beyond all cavil. With almost any other people than the Americans civil

war would have come already. With all the vast future interests that

were involved in these quarrels looming up before their keen, sagacious

minds, it was a wonder that they had been kept from coming to blows.

Such self-restraint had been greatly to their credit. It was the blessed

fruit of more than a century of government by free discussion, while yet

these states were colonies, peopled by the very cream of English

freemen who had fought the decisive battle of civil and religious

freedom for mankind in that long crisis when the Invincible Armada was

overwhelmed and the Long Parliament won its triumphs. Such

self-restraint had this people shown in days of trial, under a vicious

government adopted in a time of hurry and sore distress. But late events

had gone far to show that it could not endure.

The words of Randolph's opening speech are worth quoting in this

connection. "The confederation," he said, "was made in the infancy of

the science of constitutions, when the inefficiency of requisitions was

unknown; when no commercial discord had arisen among states; when no

rebellion like that in Massachusetts had broken out; when foreign debts

were not urgent; when the havoc of paper money had not been foreseen;

when treaties had not been violated; and when nothing better could have

been conceded by states jealous of their sovereignty. But it offered no

security against foreign invasion, for Congress could neither prevent

nor conduct a war, nor punish infractions of treaties or of the law of

nations, nor control particular states from provoking war. The federal

government has no constitutional power to check a quarrel between

separate states; nor to suppress a rebellion in any one of them; nor to

establish a productive impost; nor to counteract the commercial

regulations of other nations; nor to defend itself against the

encroachments of the states. From the manner in which it has been

ratified in many of the states, it cannot be claimed to be paramount to

the state constitutions; so that there is a prospect of anarchy from the

inherent laxity of the government. As the remedy, the government to be

established must have for its basis the republican principle."

[Sidenote: The Virginia plan; a radical cure.]

Having thus tersely stated the whole problem, Randolph went on to

present the Virginia plan. To make the federal government operate

directly upon individuals, one provision was absolutely necessary. It

did not solve the whole problem, but it was an indispensable beginning.

This was the proposal that there should be a national legislature, in

which the American _people_ instead of the American states should be

represented. For the purposes of federal legislation, there must be an

assembly elected directly by the people, and with its members

apportioned according to population. There must be such an assembly as

our present House of Representatives, standing in the same immediate

relation to the people of the whole country as was sustained by the

assembly of each separate state to the people of that state. Without

such direct representation of the whole people in the Federal Congress,

it would be impossible to achieve one secure step toward the radical

reform of the weaknesses and vices of the confederation. It was the only

way in which the vexed question of one nation or thirteen could be made

to yield a satisfactory answer. At the same time it could not be denied

that such a proposal was revolutionary in character. It paved the way

for a national consolidation which might go further than any one could

foresee, and much further than was desirable. The moribund Congress of

the Confederation, with its delegates chosen by the state assemblies,

and casting its vote simply by states, had utterly failed to serve as a

national legislature. There was a good deal of truth in what John Adams

once said of it, that it was more a diplomatic than a legislative body.

It was, indeed, because of this consciously felt diplomatic character

that it was called a Congress, and not a Parliament. In its lack of

coercive power it resembled the international congresses of Europe

rather than the supreme legislature of any country. To substitute

abruptly for such a body a truly national legislature, based not upon

states but upon population, was quietly to inaugurate a revolution of no

less magnitude than that which had lately severed us from Great Britain.

So bold a step, while all-essential in order to complete that

revolution, and make its victorious issue fortunate instead of

disastrous to the American people, was sufficiently revolutionary to

awaken the fears of many members of the Federal Convention. To the

familiar state governments which had so long possessed their love and

allegiance, it was super-adding a new and untried government, which it

was feared would swallow up the states and everywhere extinguish local

independence. Nor can it be said that such fears were unreasonable. Our

federal government has indeed shown a strong tendency to encroach upon

the province of the state governments, especially since our late Civil

War. Too much centralization is our danger to-day, as the weakness of

the federal tie was our danger a century ago. The rule of the

Federalist party was needed in 1789 as the rule of the Republican party

was needed in 1861, to put a curb upon the centrifugal tendencies. But

after Federalism had fairly done its great work, at the beginning of the

nineteenth century, it was well that the administration of our national

affairs should pass into the hands of the party to which Thomas

Jefferson and Samuel Adams belonged, and which Madison, in his calm

statesmanlike wisdom, had come to join. And now that, in our own day,

the disruptive forces have been even more thoroughly and effectually

overcome, it is time for the principles of that party to be reasserted

with fresh emphasis. If the day should ever arrive (which God forbid!)

when the people of the different parts of our country shall allow their

local affairs to be administered by prefects sent from Washington, and

when the self-government of the states shall have been so far lost as

that of the departments of France, or even so far as that of the

counties of England,--on that day the progressive political career of

the American people will have come to an end, and the hopes that have

been built upon it for the future happiness and prosperity of mankind

will be wrecked forever.

I do not think that the historian writing at the present day need fear

any such direful calamity, for the past century has shown most

instructively how, in such a society as ours, the sense of political

dangers slowly makes its way through the whole mass of the people, until

movements at length are made to avert them, and the pendulum swings in

the opposite direction. The history of political parties in the United

States is especially rich in lessons of this sort. Compared with the

statesmen of the Federal Convention, we are at a great advantage in

studying this question of national consolidation; and we have no excuse

for failing to comprehend the attitude of the men who dreaded the

creation of a national legislature as the entering wedge which would by

and by rend asunder the structure of our liberties. The great mind of

Madison was one of the first to entertain distinctly the noble

conception of two kinds of government operating at one and the same time

upon the same individuals, harmonious with each other, but each supreme

in its own sphere. Such is the fundamental conception of our partly

federal, partly national, government, which appears throughout the

Virginia plan as well as in the Constitution which grew out of it. It

was a political conception of a higher order than had ever before been

entertained; it took a great deal of discussion to make it clear to the

minds of the delegates generally; and the struggle over this initial

measure of a national legislature was so bitter as to come near breaking

up the convention.

In its original shape the Virginia plan went much further toward

national consolidation than the Constitution as adopted. The reaction

against the evils of the loose-jointed confederation, which Randolph so

ably summed up, was extreme. According to the Virginia plan, the

national legislature was to be composed of two houses, like the

legislatures of the several states. The members of the lower house

should be chosen directly by the people; members of the upper house, or

Senate, should be elected by the lower house out of persons nominated by

the state legislatures. In both the lower and the upper branches of this

national legislature the votes were to be the votes of individuals, and

no longer the votes of states, as in the Continental Congress. Under the

articles of confederation each state had an equal vote, and two thirds

were required for every important measure. Under the proposed

Constitution each state was to have a number of representatives

proportionate either to its wealth or to the number of its free

inhabitants, and a bare majority of votes was to suffice to pass all

measures in the ordinary course of business; and these rules were to

apply both to the lower house and to the Senate. To adopt such a plan

would overthrow the equality of the states altogether. It would give

Virginia, the greatest state, sixteen representatives, where Georgia,

the smallest state, had but one; and besides, as the votes were no

longer to be taken by states, individual members could combine in any

way they pleased, quite irrespective of state lines. It was not strange

that to many delegates in the convention such a beginning should have

seemed revolutionary. This impression was deepened when it was further

proposed not only to clothe this national legislature with original

powers of legislation in all cases to which the several states are

incompetent, but also to allow it to set aside at discretion such state

laws as it might deem unconstitutional. It is interesting to find

Madison, whose Federalism afterward came to be so moderate, now

appearing as the earnest defender of this extreme provision, so

incompatible with state rights. But in Madison's mind at this moment, in

the actual presence of the anarchy of the confederation, the only

alternative which seemed to present itself was that of armed coercion.

"A negative on state laws," he said, "is the mildest expedient that can

be devised for enforcing a national decree. Should no such precaution be

engrafted, the only remedy would be coercion. The negative would render

the use of force unnecessary. This prerogative of the general government

is the great pervading principle that must control the centrifugal

tendency of the states, which, without it, will continually fly out of

their proper orbits, and destroy the order and harmony of the political

system." But these views were not destined to find favour with the

convention, which finally left the matter to be much more satisfactorily

adjusted through the medium of the federal judiciary.

Such were the fundamental provisions of the Virginia plan with regard to

the national legislature. To carry out the laws, it was proposed that

there should be a national executive, to be chosen by the national

legislature for a short term, and ineligible a second time. Whether the

executive power should be invested in a single person or in several was

not specified. As will be seen hereafter, this was regarded as an

extremely delicate point, with which it was thought best not to

embarrass the Virginia plan at the outset. Passing lightly over this, it

was urged that, in order to complete the action of the government upon

individuals, there must be a national judiciary to determine cases

arising under the Constitution, cases in admiralty, and cases in which

different states or their citizens appear as parties. The judges were to

be chosen by the national legislature, to hold office during good

behaviour.

[Sidenote: First reception of the Virginia plan.]

Such, in its main outlines, was the plan which Randolph laid before the

convention, in the name of the Virginia delegation. An audacious scheme!

exclaimed some of the delegates; it was enough to take your breath away.

If they were going to begin like this, they might as well go home, for

all discussion would be time wasted. They were not sent there to set on

foot a revolution, but to amend and strengthen the articles of

confederation. But this audacious plan simply abolished the

Confederation in order to substitute for it a consolidated national

government. Foremost in urging this objection were Yates and Lansing of

New York, with Luther Martin of Maryland. Dickinson said it was pushing

things altogether too far, and his colleague, George Read, hinted that

the delegation from Delaware might feel obliged to withdraw from the

convention if the election of representatives according to population

should be adopted. By the tact of Madison and Gouverneur Morris this

question was postponed for a few days. After some animated discussion,

the issues became so narrowed and defined that they could be taken up

one by one. It was first decided that the national legislature should

consist of two branches. Then came a warm discussion as to whether the

members of the lower house should be elected directly by the people.

Curiously enough, in a country where the principle of popular election

had long since taken such deep root, where the assemblies of the several

states had been chosen by the people from the very beginning, there was

some doubt as to whether the same principle could safely be applied to

the national House of Representatives. Gerry, with his head full of the

Shays rebellion and the "Know Ye" measures of the neighbouring state,

thought the people could not be trusted. "The people do not want

virtue," said he, "but are the dupes of pretended patriots." Roger

Sherman took a similar view, and was supported by Martin, Rutledge, and

both the Pinckneys; but the sounder opinion prevailed. On this point

Hamilton was at one with Mason, Wilson, and Dickinson. The proposed

assembly, said Mason, was to be, so to speak, our House of Commons, and

ought to know and sympathize with every part of the community. It ought

to have at heart the rights and interests of every class of the people,

and in no other way could this end be so completely attained as by

popular election. "Yes," added Wilson, "without the confidence of the

people no government, least of all a republican government, can long

subsist.... The election of the first branch by the people is not the

corner-stone only, but the foundation of the fabric." "It is essential

to the democratic rights of the community," said Hamilton, "that the

first branch be directly elected by the people." Madison argued

powerfully on the same side, and the question was finally decided in

favour of popular election.

[Sidenote: Antagonism between large states and small states.]

[Sidenote: The New Jersey plan; a feeble palliative.]

It was now the 4th of June, when the great question came up which nearly

wrecked the convention before it was settled, after a whole month of

stormy debate. This was the question as to how the states should be

represented in the new Congress. On the Virginia plan, the smaller

states would be virtually swamped. Unless they could have equal votes,

without regard to wealth or population, they would be at the mercy of

the great states. In the division which ensued, the four most populous

states--Virginia, Massachusetts, Pennsylvania, and North

Carolina--favoured the Virginia plan; and they succeeded in carrying

South Carolina with them. Georgia, too, which, though weak at that

moment, possessed considerable room for expansion, voted upon the same

side. On the other hand, the states of Connecticut, New Jersey,

Delaware, and Maryland--which were not only small in area, but were cut

off from further expansion by their geographical situation--were not

inclined to give up their equal vote in either branch of the national

legislature. At this stage of the proceedings the delegation from New

Hampshire had not yet arrived upon the scene. On several occasions the

majority of the Maryland delegation went with the larger states, but

Luther Martin, always opposed to the Virginia plan, usually succeeded in

dividing the vote of the delegation. Of the New York members, Yates and

Lansing, here as always, thwarted Hamilton by voting with the smaller

states. Their policy throughout was one of obstruction. The members from

Connecticut were disposed to be conciliatory; but New Jersey was

obstinate and implacable. She knew what it was to be tyrannized over by

powerful neighbours. The wrongs she had suffered from New York and

Pennsylvania rankled in the minds of her delegates. Accordingly, in the

name of the smaller states, William Paterson laid before the convention

the so-called "New Jersey plan" for the amendment of the articles of

confederation. This scheme admitted a federal legislature, consisting of

a single house, an executive in the form of a council to be chosen by

Congress, and likewise a federal judiciary, with powers less extensive

than those contemplated by the Virginia plan. It gave to Congress the

power to regulate foreign and domestic commerce, to levy duties on

imports, and even to raise internal revenue by means of a Stamp Act. But

with all this apparent liberality on the surface, the New Jersey plan

was vicious at bottom. It did not really give Congress the power to act

immediately upon individuals. The federal legislature which it proposed

was to represent states, and not individuals, and the states were to

vote equally, without regard to wealth or population. If things were to

be left in this shape, there was no security that the powers granted to

Congress could ever be really exercised. Nay, it was almost certain that

they could not be put into operation. It was easy enough on paper to

give Congress the permission to levy duties and regulate commerce, but

such a permission would amount to nothing unless Congress were armed

with the power of enforcing its decrees upon individuals. And it could

in no wise acquire such power unless as the creature of the people, and

not of the states. The New Jersey plan, therefore, furnished no real

remedy for the evils which afflicted the country. It was vigorously

opposed by Hamilton, Madison, Wilson, and King. Hamilton, indeed, took

this occasion to offer a plan of his own, which, in addition to

Madison's scheme of a purely national legislature, contained the

features of a tenure for life or good behaviour, for the executive and

the members of the upper house. But to most of the delegates this scheme

seemed too little removed from a monarchy, and Hamilton's brilliant

speech in its favour, while applauded by many, was supported by none.

The weighty arguments of Wilson, King, and Madison prevailed, and the

New Jersey plan lost its original shape when it was decided that

Congress should consist of two houses. The principle of equal state

representation, however, remained as a stumbling-block. Paterson,

supported by his able colleague Brearley, as well as by Martin and the

two irreconcilables from New York, stoutly maintained that to depart

from this principle would be to exceed the powers of the convention,

which assuredly was not intended to remodel the government from

beginning to end. But Randolph answered, "When the salvation of the

republic is at stake, it would be treason to our trust not to propose

what we find necessary;" and Hamilton pithily reminded the delegates

that as they were there only for the purpose of recommending a scheme

which would have to be submitted to the states for acceptance, they

need not be deterred by any false scruples from using their wits to the

best possible advantage. The debate on the merits of the question was an

angry one. According to the Virginia plan, said Brearly, the three

states of Virginia, Massachusetts, and Pennsylvania will carry

everything before them. "It was known to him, from facts within New

Jersey, that where large and small counties were united into a district

for electing representatives for the district, the large counties always

carried their point, and consequently the large states would do so....

Was it fair, on the other hand, that Georgia should have an equal vote

with Virginia? He would not say it was. What remedy, then? One only:

that a map of the United States be spread out, that all the existing

boundaries be erased, and that a new partition of the whole be made into

thirteen equal parts." "Yes," said Paterson, "a confederacy supposes

sovereignty in the members composing it, and sovereignty supposes

equality. If we are to be considered as a nation, all state distinctions

must be abolished, the whole must be thrown into hotchpot, and when an

equal division is made then there may be fairly an equality of

representation." This argument was repeated with a triumphant air, as

seeming to reduce the Virginia plan to absurdity. Paterson went on to

say that "there was no more reason that a great individual state,

contributing much, should have more votes than a small one, contributing

little, than that a rich individual citizen should have more votes than

an indigent one. If the ratable property of A was to that of B as forty

to one, ought A, for that reason, to have forty times as many votes as

B?... Give the large states an influence in proportion to their

magnitude, and what will be the consequence? Their ambition will be

proportionally increased, and the small states will have everything to

fear. It was once proposed by Galloway [in the first Continental

Congress] that America should be represented in the British Parliament,

and then be bound by its laws. America could not have been entitled to

more than one third of the representatives which would fall to the share

of Great Britain: would American rights and interests have been safe

under an authority thus constituted?" Then, warming with the subject, he

exclaimed, If the great states wish to unite on such a plan, "let them

unite if they please, but let them remember that they have no authority

to compel the others to unite.... Shall I submit the welfare of New

Jersey with five votes in a council where Virginia has sixteen?... I

will never consent to the proposed plan. I will not only oppose it here,

but on my return home will do everything in my power to defeat it there.

Neither my state nor myself will ever submit to tyranny."

Paterson was ably answered by James Wilson, of Pennsylvania, who pointed

out the absurdity of giving 180,000 men in one part of the country as

much weight in the national legislature as 750,000 in another part. It

is unjust, he said. "The gentleman from New Jersey is candid. He

declares his opinions boldly. I commend him for it. I will be equally

candid.... I never will confederate on his principles." The convention

grew nervous and excited over this seemingly irreconcilable antagonism.

The discussion was kept up with much learning and acuteness by Madison,

Ellsworth, and Martin, and history was ransacked for testimony from the

Amphiktyonic Council to Old Sarum, and back again to the Lykian League.

Madison, rightly reading the future, declared that if once the proposed

union should be formed, the real danger would come not from the rivalry

between large and small states, but from the antagonistic interests of

the slave-holding and non-slaveholding states. Hamilton pointed out that

in the state of New York five counties had a majority of the

representatives, and yet the citizens of the other counties were in no

danger of tyranny, as the laws have an equal operation upon all. Rufus

King called attention to the fact that the rights of Scotland were

secure from encroachments, although her representation in Parliament was

necessarily smaller than that of England. But New Jersey and Delaware,

mindful of recent grievances, were not to be argued down or soothed.

Gunning Bedford of Delaware was especially violent. "Pretences to

support ambition," said he, "are never wanting. The cry is, Where is the

danger? and it is insisted that although the powers of the general

government will be increased, yet it will be for the good of the whole;

and although the three great states form nearly a majority of the people

of America, they never will injure the lesser states. _Gentlemen, I do

not trust you._ If you possess the power, the abuse of it could not be

checked; and what then would prevent you from exercising it to our

destruction?... Sooner than be ruined, _there are foreign powers who

will take us by the hand_. I say this not to threaten or intimidate, but

that we should reflect seriously before we act." This language called

forth a rebuke from Rufus King. "I am concerned," said he, "for what

fell from the gentleman from Delaware,--_take a foreign power by the

hand!_ I am sorry he mentioned it, and I hope he is able to excuse it to

himself on the score of passion."

[Sidenote: The Connecticut compromise.]

The situation had become dangerous. "The convention," said Martin, "was

on the verge of dissolution, scarce held together by the strength of a

hair." When things were looking darkest, Oliver Ellsworth and Roger

Sherman suggested a compromise. "Yes," said Franklin, "when a joiner

wishes to fit two boards, he sometimes pares off a bit from both." The

famous Connecticut compromise led the way to the arrangement which was

ultimately adopted, according to which the national principle was to

prevail in the House of Representatives, and the federal principle in

the Senate. But at first the compromise met with little favour. Neither

party was willing to give way. "No compromise for us," said Luther

Martin. "You must give each state an equal suffrage, or our business is

at an end." "Then we are come to a full stop," said Roger Sherman. "I

suppose it was never meant that we should break up without doing

something." When the question as to allowing equality of suffrage to the

states in the Federal Senate was put to vote, the result was a tie.

Connecticut, New York, New Jersey, Delaware, and Maryland--five

states--voted in the affirmative; Massachusetts, Pennsylvania, Virginia,

North Carolina, and South Carolina--five states--voted in the negative;

the vote of Georgia was divided and lost. It was Abraham Baldwin, a

native of Connecticut and lately a tutor in Yale College, a recent

emigrant to Georgia, who thus divided the vote of that state, and

prevented a decision which would in all probability have broken up the

convention. His state was the last to vote, and the house was hushed in

anxious expectation, when this brave and wise young man yielded his

private conviction to what he saw to be the paramount necessity of

keeping the convention together. All honour to his memory!

The moral effect of the tie vote was in favour of the Connecticut

compromise; for no one could doubt that the little states, New Hampshire

and Rhode Island, had they been represented in the division, would have

voted upon that side. The matter was referred to a committee as

impartially constituted as possible, with Elbridge Gerry as chairman;

and On the 5th of July, after a recess of three days, the committee

reported in favour of the compromise. Fresh objections on the part of

the large states were now offered by Wilson and Gouverneur Morris, and

gloom again overhung the convention. Gerry said that, while he did not

fully approve of the compromise, he had nevertheless supported it,

because he felt sure that if nothing were done war and confusion must

ensue, the old confederation being already virtually at an end. George

Mason observed that "it could not be more inconvenient for any

gentleman to remain absent from his private affairs than it was for him;

but he would bury his bones in that city rather than expose his country

to the consequences of a dissolution of the convention." Mason's

subsequent behaviour was hardly in keeping with the promise of this

brave speech, and in Gerry we shall observe like inconsistency. At

present a timely speech from Madison soothed the troubled waters; but it

was only after eleven days of somewhat more tranquil debate that the

compromise was adopted on the 16th of July. Even then it was but

narrowly secured. The ayes were Connecticut, New Jersey, Delaware,

Maryland, and North Carolina,--five states; the noes were Pennsylvania,

Virginia, South Carolina, and Georgia,--four states; Gerry and Strong

against King and Gorham divided the vote of Massachusetts, which was

thus lost. New York, for reasons presently to be stated, was absent. It

is accordingly to Elbridge Gerry and Caleb Strong that posterity are

indebted for here preventing a tie, and thus bringing the vexed question

to a happy issue.

According to the compromise secured with so much difficulty, it was

arranged that in the lower house population was to be represented, and

in the upper house the states, each of which, without regard to size,

was forever to be entitled to two senators. In the lower house there was

to be one representative for every 40,000 inhabitants, but at

Washington's suggestion the number was changed to 30,000, so as to

increase the house, which then seemed likely to be too small in numbers.

Some one suggested that with the growth of population that rate would

make an unwieldy house within a hundred and fifty years from that time,

whereat Gorham of Massachusetts laughed to scorn the idea that any

system of government they could devise in that room could possibly last

a hundred and fifty years. The difficulty has been surmounted by

enlarging from time to time the basis of representation. It now seemed

inadvisable that the senators should be chosen by the lower house out of

persons nominated by the state legislatures; and it was accordingly

decided that they should be not merely nominated, but elected, by the

state legislatures. Thus the Senate was made quite independent of the

lower house. At the same time, the senators were to vote as individuals,

and thus the old practice of voting by states, except in certain

peculiar emergencies, was finally done away with.

[Sidenote: It was a decisive victory for Madison's scheme.]

[Sidenote: Irreconcilables go home.]

It is seldom, if ever, that a political compromise leaves things evenly

balanced. Almost every such arrangement, when once set working, weighs

down the scales decidedly to the one side or the other. The Connecticut

compromise was really a decisive victory for Madison and his party,

although it modified the Virginia plan so considerably. They could well

afford to defer to the fears and prejudices of the smaller states in the

structure of the Senate, for by securing a lower house, which

represented the American people, and not the American states, they won

the whole battle in so far as the question of radically reforming the

government was concerned. As soon as the foundation was thus laid for a

government which should act directly upon individuals, it obviously

became necessary to abandon the articles of confederation, and work out

a new constitution in all its details. The plan, as now reported,

omitted the obnoxious adjective "national," and spoke of the _federal_

legislature and _federal_ courts. But to the men who were still blindly

wedded to the old confederation this soothing change of phraseology did

not conceal their defeat. On the very day that the compromise was

favourably reported by the committee, Yates and Lansing quit the

convention in disgust, and went home to New York. After the departure of

these uncongenial colleagues, Hamilton might have acted with power, had

he not known too well that the sentiment of his state did not support

him. As a mere individual he could do but little, and accordingly he

went home for a while to attend to pressing business, returning just in

time to take part in the closing scenes. His share in the work of

framing the Federal Constitution was very small. About the time that

Hamilton returned, Luther Martin, whose wrath had waxed hotter every

day, as he saw power after power extended to the federal government, at

length gave way and went back to Maryland, vowing that he would have

nothing more to do with such high-handed proceedings.

While the Connecticut compromise thus scattered a few scintillations of

discontent, and relieved the convention of some of its most discordant

elements, its general effect was wonderfully harmonizing. The men who

had opposed the Virginia plan only through their dread of the larger

states were now more than conciliated. The concession of equal

representation in the Senate turned out to have been a master stroke of

diplomacy. As soon as the little states were assured of an equal share

in the control of one of the two central legislative bodies, they

suddenly forgot their scruples about thoroughly overhauling the

government, and none were readier than they to intrust extensive powers

to the new Congress. Paterson of New Jersey, the fiercest opponent of

the Virginia plan, became from that time forth to the end of his life

the most devoted of Federalists.

[Sidenote: Other antagonisms; vague dread of the future west.]

[Sidenote: Antagonism between slave states and free states.]

That first step which proverbially gives the most trouble had now been

fairly taken. But other compromises were needed before the work of

construction could properly be carried out. As the antagonism between

great and small states disappeared from the scene, other antagonisms

appeared. It is worth noting that just for a moment there was revealed a

glimmering of jealousy and dread on the part of the eastern states

toward those of which the foundations were laid in the northwestern

territory. Many people in New England feared that their children would

be drawn westward in such numbers as to create immense states beyond the

Ohio; and thus it was foreseen that the relative political weight of New

England in the future would be diminished. To a certain extent this

prediction has been justified by events, but Roger Sherman rightly

maintained that it afforded no just grounds for dread. King and Gerry

introduced a most illiberal and mischievous motion, that the total

number of representatives from new states must never be allowed to

exceed the total number from the original thirteen. Such an arrangement,

which would surely have been enough to create that antagonism between

east and west which it sought to forestall and avoid, was supported by

Massachusetts and Connecticut, with Delaware and Maryland; but it was

defeated by the combination of New Jersey with the four states south of

Maryland. The ground was thus cleared for a very different kind of

sectional antagonism,--that which, as Madison truly said, would prove

the most deep-seated and enduring of all,--the antagonism between north

and south. The first great struggle between the pro-slavery and

anti-slavery parties began in the Federal Convention, and it resulted in

the first two of the long series of compromises by which the

irrepressible conflict was postponed until the north had waxed strong

enough to confront the dreaded spectre of secession, and, summoning all

its energies in one stupendous effort, exorcise it forever. From this

moment down to 1865 we shall continually be made to realize how the

American people had entered into the shadow of the coming Civil War

before they had fairly emerged from that of the Revolution; and as we

pass from scene to scene of the solemn story, we shall learn how to be

forever grateful for the sudden and final clearing of the air wrought by

that frightful storm which men not yet old can still so well remember.

The first compromise related to the distribution of representatives

between north and south. Was representation in the lower house of

Congress to be proportioned to wealth, or to population; and if the

latter, were all the inhabitants, or only all the free inhabitants, to

be counted? It was soon agreed that wealth was difficult to reckon and

population easy to count; and to an extent sufficient for all ordinary

purposes, population might serve as an index of wealth. A state with

500,000 inhabitants would be in most cases richer than one with 400,000.

In those days, when cities were few and small, this was approximately

true. In our day it is not at all true. A state with large commercial

and manufacturing cities is sure to be much richer than a state in which

the population is chiefly rural. The population of Massachusetts is

somewhat smaller than that of Indiana; but her aggregate wealth is more

than double that of Indiana. Disparities like this, which do not trouble

us to-day, would have troubled the Federal Convention. We no longer

think it desirable to give political representation to wealth, or to

anything but persons. We have become thoroughly democratic, but our

great-grandfathers had not. To them it seemed quite essential that

wealth should be represented as well as persons; but they got over the

main difficulty easily, because under the economic conditions of that

time population could serve roughly as an index to wealth, and it was

much easier to count noses than to assess the value of farms and stock.

[Sidenote: Were slaves to be reckoned as persons or as chattels?]

But now there was in all the southern states, and in most of the

northern, a peculiar species of collective existence, which might be

described either as wealth or as population. As human beings the slaves

might be described as population, but in the eye of the law they were

chattels. In the northern states slavery was rapidly disappearing, and

the property in negroes was so small as to be hardly worth considering;

while south of Mason and Dixon's line this peculiar kind of property was

the chief wealth of the states. But clearly, in apportioning

representation, in sharing political power in the federal assembly, the

same rule should have been applied impartially to all the states. At

this point, Pierce Butler and Cotesworth Pinckney of South Carolina

insisted that slaves were part of the population, and as such must be

counted in ascertaining the basis of representation. A fierce and

complicated dispute ensued. The South Carolina proposal suggested a

uniform rule, but it was one that would scarcely alter the political

weight of the north, while it would vastly increase the weight of the

south; and it would increase it most in just the quarter where slavery

was most deeply rooted. The power of South Carolina, as a member of the

Union, would be doubled by such a measure. Hence the northern delegates

maintained that slaves, as chattels, ought no more to be reckoned as

part of the population than houses or ships. "Has a man in Virginia,"

exclaimed Paterson, "a number of votes in proportion to the number of

his slaves? And if negroes are not represented in the states to which

they belong, why should they be represented in the general

government?... If a meeting of the people were to take place in a slave

state, would the slaves vote? They would not. Why then should they be

represented in a federal government?" "I can never agree," said

Gouverneur Morris, "to give such encouragement to the slave-trade as

would be given by allowing the southern states a representation for

their negroes.... I would sooner submit myself to a tax for paying for

all the negroes in the United States than saddle posterity with such a

constitution."

[Sidenote: The three fifths compromise; a genuine English solution, if

ever there was one.]

The attitude taken by Virginia was that of peace-maker. On the one hand,

such men as Washington, Madison, and Mason, who were earnestly hoping to

see their own state soon freed from the curse of slavery, could not fail

to perceive that if Virginia were to gain an increase of political

weight from the existence of that institution, the difficulty of getting

the state legislature to abolish it would be enhanced. But on the other

hand, they saw that South Carolina was inexorable, and that her refusal

to adopt the Constitution for this reason would certainly carry Georgia

with her, and probably North Carolina, also. Even had South Carolina

alone been involved, it was not simply a question of forming a Union

which should either include her or leave her out in the cold. The case

was much more complicated than that. It was really doubtful if, without

the cordial assistance of South Carolina, a Union could be formed at

all. A Federal Constitution had not only to be framed, but it had to be

presented to the thirteen states for adoption. It was by no means clear

that enough states would ratify it to enable the experiment of the new

government to go into operation. New York and Rhode Island were known to

be bitterly opposed to it; Massachusetts could not be counted on as

sure; to add South Carolina to this list would be to endanger

everything. The event justified this caution. We shall hereafter see

that it was absolutely necessary to satisfy South Carolina, and that but

for her ratification, coming just at the moment when it did, the work of

the Federal Convention would probably have been done in vain. It was a

clear perception of the wonderful complication of interests involved in

the final appeal to the people that induced the Virginia statesmen to

take the lead in a compromise. Four years before, in 1783, when Congress

was endeavouring to apportion the quotas of revenue to be required of

the several states, a similar dispute had arisen. If taxation were to be

distributed according to population, it made a great difference whether

slaves were to be counted as population or not. If slaves were to be

counted, the southern states would have to pay more than their equitable

share into the federal treasury; if slaves were not to be counted, it

was argued at the north that they would be paying less than their

equitable share. Consequently, at that time the north had been inclined

to maintain that the slaves were population, while the south had

preferred to regard them as chattels. Thus we see that in politics, as

well as in algebra, it makes all the difference in the world whether you

start with _plus_ or with _minus_. On that occasion Madison had offered

a successful compromise, in which a slave figured as three fifths of a

freeman; and Rutledge of South Carolina, who was now present in the

convention, had supported the measure. Madison now proposed the same

method of getting over the difficulty about representation, and his

compromise was adopted. It was agreed that in counting population,

whether for direct taxation or for representation in the lower house of

Congress, five slaves should be reckoned as three individuals.

[Sidenote: In other words, it was the best solution attainable under the

circumstances.]

All this was thoroughly illogical, of course; it left the question

whether slaves are population or chattels for theorizers to wrangle

over, and for future events to decide. It was easy for James Wilson to

show that there was neither rhyme nor reason in it: but he subscribed to

it, nevertheless, just as the northern abolitionists, Rufus King and

Gouverneur Morris, joined with Washington and Madison, and with the

pro-slavery Pinckneys, in subscribing to it, because they all believed

that without such a compromise the Constitution would not be adopted;

and in this there can be little doubt that they were right. The evil

consequences were unquestionably very serious indeed. Henceforth, so

long as slavery lasted, the vote of a southerner counted for more than

the vote of a northerner; and just where negroes were most numerous the

power of their masters became greatest. In South Carolina there soon

came to be more blacks than whites, and the application of the rule

therefore went far toward doubling the vote of South Carolina in the

House of Representatives and in the electoral college. Every five

slaveholders down there were equal in political weight to not less than

eight farmers or merchants in the north; and thus this troublesome state

acquired a power of working mischief out of all proportion to her real

size. At a later date the operation of the rule in Mississippi was

similar; and in general it was just the most backward and barbarous

parts of the Union that were thus favoured at the expense of the most

civilized parts. Admitting all this, however, it remains undeniable that

the Constitution saved us from anarchy; and there can be little doubt

that slavery and every other remnant of barbarism in American society

would have thriven far more lustily under a state of chronic anarchy

than was possible under the Constitution. Four years of concentrated

warfare, animated by an intense and lofty moral purpose, could not hurt

the character or mar the fortunes of the people, like a century of

aimless and miscellaneous squabbling over a host of petty local

interests. The War of Secession was a terrible ordeal to pass through;

but when one tries to picture what might have happened in this fair land

without the work of the Federal Convention, the imagination stands

aghast.

[Sidenote: Compromise between New England and South Carolina as to the

foreign slave-trade.]

The second great compromise between northern and southern interests

related to the abolition of the foreign slave-trade and the power of the

federal government over commerce. All the states except South Carolina

and Georgia wished to stop the importation of slaves; but the physical

conditions of rice and indigo culture exhausted the negroes so fast

that these two states felt that their industries would be dried up at

the very source if the importation of fresh negroes were to be stopped.

Cotesworth Pinckney accordingly declared that South Carolina would

consider a vote to abolish the slave-trade as simply a polite way of

telling her that she was not wanted in the Union. On the other hand, the

three New England states present in the convention had made up their

minds that it would not do to allow the several states any longer to

regulate commerce each according to its own whim. It was of vital

importance that this power should be taken from the states and lodged in

Congress; otherwise, the Union would soon be rent in pieces by

commercial disputes. The policy of New York had thoroughly impressed

this lesson upon all the neighbouring states. But none of the southern

states were in favour of granting this power unreservedly to Congress.

If a navigation act could be passed by a simple majority in Congress, it

was feared that the New Englanders would get all the carrying trade into

their own hands, and then charge ruinous freights for carrying rice,

indigo, and tobacco to the north and to Europe. On this point,

accordingly, the southern delegates acted as a unit in insisting that

Congress should not be empowered to pass navigation acts, except by a

two thirds vote of both houses. This would have tied the hands of the

federal government most unfortunately; and the New Englanders,

enlightened by their own interests, saw it to be so. Here were the

materials ready for a compromise, or, as the stout abolitionist,

Gouverneur Morris, truly called it, a "bargain" between New England and

the far south. New Hampshire, Massachusetts, and Connecticut consented

to the prolonging of the foreign slave-trade for twenty years, or until

1808; and in return South Carolina and Georgia consented to the clause

empowering Congress to pass navigation acts and otherwise regulate

commerce by a simple majority of votes. At the same time, as a

concession to rice and indigo, the New Englanders agreed that Congress

should be forever prohibited from taxing exports; and thus one remnant

of mediæval political economy was neatly swept away.

[Sidenote: This last compromise seems to make the adhesion of Virginia

doubtful.]

This compromise was carried against the sturdy opposition of Virginia.

The language of George Mason of Virginia is worth quoting, for it was

such as Theodore Parker might have used. He called the slave-trade "this

infernal traffic." "Slavery," said he, "discourages arts and

manufactures. The poor despise labour when performed by slaves. They

prevent the immigration of whites, who really strengthen and enrich a

country. They produce the most pernicious effect on manners. Every

master of slaves is born a petty tyrant. They bring the judgment of

Heaven on a country. As nations cannot be rewarded or punished in the

next world, they must be in this. By an inevitable chain of causes and

effects, Providence punishes national sins by national calamities." But

these prophetic words were powerless against the combination of New

England with the far south. One thing was now made certain,--that the

vast influence of Rutledge and the Pinckneys would be thrown

unreservedly in behalf of the new Constitution. "I will confess," said

Cotesworth Pinckney, "that I had prejudices against the eastern states

before I came here, but I have found them as liberal and candid as any

men whatever." But this compromise, which finally secured South Carolina

and Georgia, made Virginia for the moment doubtful; for Mason and

Randolph were so disgusted at the absolute power over commerce conceded

to Congress that, when the Constitution was finished and engrossed on

paper, they refused to sign it.

It is difficult to read this or any other episode in our history whereby

negro slavery was extended and fostered without burning indignation. But

this is not the proper mood for the historian, whose aim is to interpret

men's actions by the circumstances of their time, in order to judge

their motives correctly. In 1787 slavery was the cloud like unto a man's

hand which portended a deluge, but those who could truly read the signs

were few. From north to south, slavery had been slowly dying out for

nearly fifty years. It had become extinct in Massachusetts, it was

nearly so in all the other northern states, and it had just been forever

prohibited in the national domain. In Maryland and Virginia there was a

strong and growing party in favour of abolition. The movement had even

gathered strength in North Carolina. Only the rice-swamps of the far

south remained wedded to their idols. It was quite generally believed

that slavery was destined speedily to expire, to give place to a better

system of labour, without any great danger or disturbance; and this

opinion was distinctly set forth by many delegates in the convention.[7]

Even Charles Pinckney went so far as to express a hope that South

Carolina, if not too much meddled with, would by and by voluntarily rank

herself among the emancipating states; but his older cousin declared

himself bound in candour to acknowledge that there was very little

likelihood indeed of so desirable an event. Not even these South

Carolinians ventured to defend slavery on principle. This belief in the

moribund condition of slavery prevented the convention from realizing

the actual effect of the concessions which were made. Scarcely any

cotton was grown at that time, and none was sent to England. The

industrial revolution about to be wrought by the inventions of Arkwright

and Hargreaves, Cartwright and Watt and Whitney, could not be foreseen.

Nor could it be foreseen that presently, when there should thus arise a

great demand for slaves from Virginia as a breeding-ground, the

abolitionist party in that state would disappear, leaving her to join

in the odious struggle for introducing slavery into the national domain.

Though these things were so soon to happen, the wisest man in 1787 could

not foresee them. The convention hoped that twenty years would see not

only the end of the foreign slave-trade, but the restriction and

diminution of slavery itself. It was in such a mood that they completed

the compromise by recommending a tariff of ten dollars a head upon all

negroes imported, while at the same time a clause was added for insuring

the recovery of fugitive slaves, quite similar to the clause in the

ordinance for the government of the northwestern territory.

[Sidenote: The foundations of the Constitution were thus laid in

compromise.]

The Critical Period of American History · 第 6 / 8 章