22d. Voted, That Mr. Caleb West be desired to transmit a copy of the

proceedings of this convention to the convention of the County of

Worcester.

23d. Voted, That the chairman of the convention be desired to transmit

a copy of the proceedings of this convention to the county of Berkshire.

24th. Voted, That the chairman of this convention be directed to notify

a county convention, upon any motion made to him for that purpose, if

he judge the reasons offered be sufficient, giving such notice together

with the reasons therefor, in the publick papers of this county.

25th. Voted, That a copy of the proceedings of this convention be sent

to the press in Springfield for publication.

_b. Washington's Alarm_

(1) _George Washington to Henry Lee._

Washington's _Writings_ (Ford edition), XI, 76-78. Lee was a

Virginia delegate in the Continental Congress. Washington's letter

is in reply to one received from Lee.

MOUNT VERNON, October 31, 1786.

... The picture which you have exhibited ... of the commotions and

temper of numerous bodies in the eastern States, are equally to be

lamented and deprecated. They exhibit a melancholy proof of what our

transatlantic foe has predicted; and of another thing perhaps, which

is still more to be regretted, and is yet more unaccountable, =that

mankind, when left to themselves, are unfit for their own government=.

I am mortified beyond expression when I view the clouds that have

spread over the brightest morn that ever dawned upon any country.

In a word, I am lost in amazement when I behold what intrigue, the

interested views of desperate characters, ignorance, and jealously of

the minor part, are capable of effecting, as a scourge on the major

part of our fellow citizens of the Union; for it is hardly to be

supposed, that the great body of the people, though they will not act,

can be so shortsighted or enveloped in darkness, as not to see rays of

a distant sun through all this mist of intoxication and folly.

You talk, my good Sir, of employing influence to appease the present

tumults in Massachusetts. I know not where that influence is to be

found, or, if attainable, that it would be a proper remedy for the

disorders. _Influence_ is no _government_. Let us have one by which

our lives, liberties, and properties will be secured, or let us know

the worst at once. Under these impressions, my humble opinion is,

that there is a call for decision. Know precisely what the insurgents

aim at. If they have _real_ grievances, redress them if possible;

or acknowledge the justice of them, and your inability to do it in

the present moment. If they have not, employ the force of government

against them at once. If this is inadequate, _all_ will be convinced,

that the superstructure is bad, or wants support. To be more exposed in

the eyes of the world, and more contemptible than we already are, is

hardly possible. To delay one or the other of these, is to

exasperate ... or to give confidence, and will add to their numbers;

for, like snow-balls, such bodies increase by every moment unless there

is something in the way to obstruct and crumble them before the weight

is too great and irresistible....

(2) _George Washington, to James Madison._

_Writings_ (Ford edition), XI, 80, 81. Note especially the extracts

quoted from General Lincoln, in command against the rebels.

November 5, 1786.

I thank you for the communications in your letter of the 1st instant.

... Fain would I hope that the great and most important of all

subjects, the _federal government_, may be considered with ... calm

and deliberate attention. ... No morn ever dawned more favorably than

ours did; and no day was ever more clouded than the present. Wisdom

and good examples are necessary at this time to rescue the political

machine from the impending storm. Virginia has now an opportunity to

set the latter, and has enough of the former, I hope, to take the lead

in promoting this great and arduous work. Without an alteration in

our political creed, the superstructure we have been seven years in

raising, at the expense of so much treasure and blood, must fall. We

are fast verging to anarchy and confusion.

... a letter which I have received from General Knox, who had just

returned from Massachusetts, whither he had been sent by Congress

consequent of the commotions in that State, is replete with melancholy

accounts of the temper and designs of a considerable part of that

people. Among other things he says:

"Their creed is, that the property of the United States has been

protected from the confiscation of Britain by the joint exertions

of _all_; and therefore ought to be the _common property of all_;

and he that attempts opposition to this creed, is an enemy to

equity and justice, and ought to be swept from off the face of the

earth." Again: "They are determined to annihilate all debts, public

and private, and have agrarian laws, which are easily effected by

the means of unfunded paper money, which shall be a tender in all

cases whatever." He adds: "The number of these people amount in

Massachusetts to about one fifth part of several populous counties,

and to them may be collected people of similar sentiments from the

States of Rhode Island, Connecticut, and New Hampshire, so as to

constitute a body of about twelve or fifteen thousand desperate and

unprincipled men. They are chiefly of the young and active part of

the community."

How melancholy is the reflection, that in so short a space we should

have made such large strides towards fulfilling the predictions of our

transatlantic foes! "Leave them to themselves, and their government

will soon dissolve." Will not the wise and good strive hard to avert

this evil? Or will their supineness suffer ignorance, and the arts of

self interested, designing, disaffected, and desperate characters, to

involve this great country in wretchedness and contempt? What stronger

evidence can be given of the want of energy in our government, than

these disorders? If there is not power in it to check them, what

security has a man for life, liberty, or property? To you I am sure

I need not add aught on this subject. The consequences of a lax or

inefficient government are too obvious to be dwelt upon. Thirteen

sovereignties pulling against each other, and all tugging at the

federal head, will soon bring ruin on the whole; whereas a liberal and

energetic constitution, well guarded and closely watched to prevent

encroachments, might restore us to that degree of respectability and

consequence to which we had a fair claim....

152. A Shrewd Foreign Observer's View of the Social Conflict over the

Adoption of a New Constitution

_Louis Guillaume Otto to Vergennes_[149]

George Bancroft's _History of the Constitution_ (1882), II,

Appendix, 399 ff.

PHILADELPHIA, October 10, 1786.

[The letter first describes the failure of the Annapolis Convention.]

The people are not ignorant that the natural consequences of an

increase of power in the government would be a regular collection of

taxes, a strict administration of justice, extraordinary duties on

imports, =_rigorous executions against debtors_=--in short, =_a marked

preponderance of rich men and of large proprietors_=.

It is, however, for the interest of the people to guard as much as

possible the absolute freedom granted them in a time when no other law

was known but necessity, and when an English army, as it were, laid the

foundations of the political constitution.

In those stormy times =_it was necessary_= to agree that all power

ought to emanate only from the people; that everything was subject to

its supreme will, and that the magistrates were only its servants.

Although there are no nobles in America, there is a class of men

denominated "gentlemen," who, by reason of their wealth, their talents,

their education, their families, or the offices they hold, =_aspire to

a pre-eminence which the people refuse to grant them_=; and, although

many of these men have betrayed the interests of their order to gain

popularity, =_there reigns among them a connection so much the more

intimate as they almost all of them dread the efforts of the people to

despoil them of their possessions, and, moreover, they are creditors_=,

and therefore interested in strengthening the government, and watching

over the execution of the laws....

The majority of them being merchants, it is for their interest to

establish the credit of the United States in Europe on a solid

foundation by the exact payment of debts, and to grant to congress

powers extensive enough to compel the people to contribute for this

purpose. The attempt, my lord, has been vain, by pamphlets and

other publications, to spread notions of justice and integrity, and

to deprive the people of a freedom which they have so misused. By

proposing a new organization of the federal government all minds

would have been revolted; circumstances ruinous to the commerce of

America have happily arisen to furnish the reformers with a pretext for

introducing innovations.

They represented to the people that the American name had become

opprobrious among all the nations of Europe; that the flag of the

United States was everywhere exposed to insults and annoyance....

[Otto continues at length to represent that the gentry sought to

secure a stronger government by inflaming the common people against

foreign powers. He then declares that it was never intended that

the Annapolis convention should do anything; that it was only one

step in a "plot" to secure a more unfettered convention.]

The measures were so well taken that at the end of September no more

than five states were represented at Annapolis, and the commissioners

from the northern states tarried several days at New York, in order to

retard their arrival.

The states which assembled, after having waited nearly three weeks,

separated under the pretext that they were not in sufficient numbers to

enter on business, and, to justify this dissolution, they addressed to

the different legislatures and to congress a report, the translation of

which I have the honor to enclose to you [i.e., the paper reproduced in

No. 153].

In this paper the commissioners employ an infinity of circumlocutions

and ambiguous phrases to show to their constituents the impossibility

of taking into consideration a general plan of commerce and the powers

pertaining thereto, without at the same time touching upon other

objects closely connected with the prosperity and national importance

of the United States.

Without enumerating these objects, the commissioners enlarge upon

the present crisis of public affairs, upon the dangers to which the

confederation is exposed, upon the want of credit of the United States

abroad, and upon the necessity of uniting, under a single point of

view, the interests of all the states.

They close by proposing, for the month of May next, a new assembly of

commissioners, instructed to deliberate not only upon a general plan

of commerce, but upon other matters which may concern the harmony and

welfare of the states, and upon the means of rendering the federal

government adequate to the exigencies of the union.

In spite of the obscurity of this document, you will perceive, my lord,

that the commissioners were unwilling to take into consideration the

grievances of commerce, which are of exceeding interest for the people,

without at the same time perfecting the fundamental constitution of

congress.

FOOTNOTES:

[148] Which was so constituted as to represent wealth rather than men,

cf. _American History and Government_, # 154 and note.

[149] Otto was the French minister to the United States; Vergennes was

the French minister in charge of foreign affairs at Paris.

XXVII. MAKING THE CONSTITUTION

153. Call issued by the Annapolis Convention

_Documentary History of the Constitution_, I, 1-6. For a narrative

of the circumstances, cf. _American History and Government_, # 199.

Sundry of the States having in Consequence of a Resolution and

Circular Letter from the State of Virginia appointed Commissioners

to meet at such time and Place as should be agreed upon by them the

said Commissioners, to take into Consideration the Trade and Commerce

of the United States etc:--the Commissioners of Virginia, Delaware,

Pennsylvania, New Jersey and New York, met at the City of Annapolis

on the 11th of September 1786, but did not think it advisable to

proceed on the Business of their Mission. They therefore broke up after

making a Report to the States by which they had been appointed and

transmitting to Congress a Copy thereof which is as follows.

To the Honorable the Legislatures of Virginia, Delaware, Pennsylvania,

New Jersey and New York.

The Commissioners from the said States respectively Assembled at the

City of Annapolis, humbly beg leave to Report:

That, pursuant to their several Appointments, they met at Annapolis in

the State of Maryland, on the eleventh day of September Instant, and,

having proceeded to a communication of their Powers, they found that

the States of New York, Pennsylvania and Virginia had, in substance,

and nearly in the same terms, authorized their respective Commissioners

"to meet such Commissioners as were or might be appointed by the other

States in the Union, at such time and Place as should be agreed upon

by the said Commissioners, to take into Consideration the trade and

Commerce of the United States, to consider how far an uniform System

in their commercial intercourse and regulations might be necessary

to their common interest and permanent harmony, and _to report, to

the several States_, such an Act relative to this great Object, _as

when unanimously ratified by them_, would enable the United States in

Congress Assembled effectually to provide for the same."

That the State of Delaware had given similar Powers to their

Commissioners, with this difference only, that the Act to be framed

in virtue of those Powers, is required to be reported "to the United

States in Congress Assembled to be agreed to by them and Confirmed by

the Legislatures of every State."

That the State of New Jersey has enlarged the Object of their

Appointment, empowering their Commissioners, "to consider how far an

uniform System in their Commercial Regulations, and _other important

matters_, might be necessary to the common interest and permanent

harmony of the several States;" and to "report such an Act on the

Subject, as when ratified by them" would "enable the United States in

Congress Assembled effectually to provide _for the exigencies of the

Union_."

That appointments of Commissioners have also been made by the States of

New Hampshire, Massachusetts, Rhode Island and North Carolina, none of

whom have however attended, but that no information has been received

by your Commissioners of any Appointment having been made by the States

of Connecticut, Maryland, South-Carolina or Georgia.

That the express terms of the Powers to your Commissioners supposing a

Deputation from _all_ the States, and having for Object _the trade and

Commerce of the United States_, your Commissioners did not conceive

it advisable to proceed on the business of their Mission, under the

Circumstance of so partial and defective a Representation.

Deeply impressed however with the magnitude and importance of the

Object confided to them on this Occasion, your Commissioners cannot

forbear to indulge an expression of their earnest and unanimous wish

that speedy measures may be taken to effect a general meeting of the

States in a future Convention, for the same, and such other Purposes,

as the situation of Public Affairs may be found to require.

If in expressing this wish, or in intimating any other Sentiment,

your Commissioners should seem to exceed the strict bounds of their

Appointment, they entertain a full Confidence that a Conduct dictated

by an anxiety for the welfare of the United States, will not fail to

receive an indulgent Construction.

In this persuasion, your Commissioners submit an Opinion, that the Idea

of extending the Powers of their Deputies to other Objects than those

of Commerce, which has been adopted by the State of New Jersey, was an

improvement on the original Plan, and will deserve to be incorporated

into that of a future Convention. They are the more naturally led to

which Conclusion, as in the course of the Reflections on the Subject,

they have been induced to think, that the Power of regulating Trade, is

of such comprehensive extent, and will enter so far into the General

System of the F[oe]deral Government, that to give it efficacy, and to

obviate questions and doubts concerning its precise nature and limits,

may require a corresponding adjustment of other Parts of the F[oe]deral

System.

That there are important defects in the System of the F[oe]deral

Government, is acknowledged by the Acts of those States which have

concurred in the present Meeting. That the defects, upon a closer

examination may be found greater and more numerous than even these

Acts imply, is at least so far probable from the embarrassments which

characterize the present state of our National Affairs, foreign and

domestic, as may reasonably be supposed to merit a deliberate and

candid discussion, in some mode, which will unite the Sentiments

and Councils of all the States. In the choice of the mode, your

Commissioners are of Opinion that a Convention of Deputies from the

different States, for the special and sole purpose of entering into

this investigation and digesting a Plan for supplying such defects as

may be discovered to exist, will be entitled to a preference, from

Considerations which will occur without being particularized.

Your Commissioners decline an enumeration of those National

Circumstances on which their Opinion respecting the Propriety of a

future Convention with more enlarged Powers is founded; as it would be

an useless intrusion of facts and Observations, most of which have been

frequently the Subject of Public Discussion, and none of which can have

escaped the penetration of those to whom they would in this instance

be addressed. They are however of a nature so serious as, in the View

of your Commissioners, to render the situation of the United States

delicate and critical, calling for an exertion of the united Virtue and

Wisdom of all the Members of the Confederacy.

Under this Impression Your Commissioners, with the most respectful

deference, beg leave to suggest =_their unanimous conviction that

it may essentially tend to advance the interests of the Union, if

the States by whom they have been respectively delegated would

themselves concur, and use their endeavours to procure the concurrence

of the other States, in the Appointment of Commissioners to meet

at Philadelphia on the second Monday in May next, to take into

Consideration the situation of the United States, to devise such

further Provisions as shall appear to them necessary to render the

Constitution of the F[oe]deral Government adequate to the exigencies

of the Union; and to report such an Act for that purpose to the United

States in Congress Assembled, as when "agreed to by them and afterwards

confirmed by the Legislatures of every State" will effectually provide

for the same_=.

Though your Commissioners could not with propriety address these

Observations and Sentiments to any but the States they have the honor

to Represent, they have nevertheless concluded, from motives of

respect, to transmit Copies of this Report, to the United States in

Congress Assembled, and to the Executives of the other States.

By Order of the Commissioners

John Dickinson, Chairman

Dated at Annapolis

September 14th 1786.

154. Appointment of Delegates: Credentials (Georgia)

_Records of the Federal Convention_ (Farrand), III, 576-577.

Georgia is here selected for illustration, because of the emphasis

upon the sovereignty of the State in the forms used.

GEORGIA

By the Honorable GEORGE MATHEWS Esquire, Captain General, Governor

and Commander in Chief, in and over the said State aforesaid.

To all to whom these Presents shall come Greeting.

KNOW YE that JOHN MILTON Esquire, who hath certified the annexed

Copy of an Ordinance intituled "An Ordinance for the appointment of

Deputies from this State for the purpose of revising the F[oe]deral

Constitution"--is Secretary of the said State in whose Office the

Archives of the same are deposited. Therefore all due faith, Credit and

Authority are and ought to be had and given the same.

IN TESTIMONY whereof I have hereunto set my hand and caused the Great

Seal of the said State to be put and affixed at _Augusta_, this Twenty

fourth day of April in the Year of our Lord One thousand seven hundred

and eighty seven and of _our_ Sovereignty and Independence the Eleventh.

GEO. (Seal) MATHEWS.

By his Honor's Command

J. MILTON Secy

AN ORDINANCE for the appointment of Deputies from this State for the

purpose of revising the F[oe]deral Constitution.

BE IT ORDAINED by the Representatives of the Freemen of the State of

Georgia in General Assembly met and by the Authority of the same, that

WILLIAM FEW, ABRAHAM BALDWIN, WILLIAM PIERCE, GEORGE WALTON, WILLIAM

HOUSTOUN and NATHANIEL PENDLETON ESQUIRES, Be, and they are hereby

appointed Commissioners, who, =_or any two or more of them_= are hereby

authorized as Deputies from this State to meet such deputies as maybe

appointed and authorized by other States to assemble in Convention at

Philadelphia and to join with them in devising and discussing all such

Alterations and farther Provisions as may be necessary to render the

Federal Constitution adequate to the exigencies of the Union, and in

reporting such an Act for that purpose to the United States in Congress

Assembled as _when agreed to by them, and duly confirmed by the several

States_ will effectually provide for the same. In case of the death of

any of the said Deputies, or of their declining their appointments, the

Executive are hereby authorized to supply such Vacancies.

By Order of the House

(signed) WM GIBBONS Speaker.

Augusta the 10th February 1787.

Georgia.

Secretary's Office

The above is a true Copy from the Original Ordinance deposited in my

Office.

Augusta }

24 April 1787. } J. MILTON, Secretary.

_The State of Georgia by the grace of God free, Sovereign and

Independent_

To the Honorable WILLIAM PIERCE, Esquire.

WHEREAS you, the said William Pierce, are in and by an Ordinance of the

General Assembly of our said State Nominated and Appointed a Deputy to

represent the same in a Convention of the United States to be assembled

at Philadelphia, for the Purposes of devising and discussing such

Alterations and farther Provisions as may be necessary to render the

F[oe]deral Constitution adequate to the exigencies of the Union.

You are therefore hereby Commissioned to proceed on the duties required

of you in virtue of the said Ordinance

Witness our trusty and well beloved _George Mathews_ Esquire, our[150]

Captain General, Governor, and Commander in Chief, under his hand and

our Great Seal at Augusta this Seventeenth day of April in the Year

of our Lord one thousand seven hundred and eighty seven and of our

Sovereignty and Independence the Eleventh.[151]

GEO: MATHEWS (Seal)

By His Honor's Command.

J. Milton. Secy.

[Like commissions for the other delegates.]

155. George Mason on the Preliminaries at Philadelphia

_George Mason to George Mason, Jr._

_Records of the Federal Convention_ (Farrand), III, 22-24.

PHILADELPHIA, May 20th, 1787.

... Upon our arrival here on Thursday evening, seventeenth May, I

found only the States of Virginia and Pennsylvania fully represented;

and there are at this time only five--New York, the two Carolinas,

and the two before mentioned. All the States, Rhode Island excepted,

have made their appointments; but the members drop in slowly; some of

the deputies from the Eastern States are here, but none of them have

yet a sufficient representation, and it will probably be several days

before the Convention will be authorized to proceed to business. The

expectations and hopes of all the Union centre in this Convention. God

grant that we may be able to concert effectual means of preserving our

country from the evils which threaten us.

The Virginia deputies (who are all here) meet and confer together two

or three hours every day, in order to form a proper correspondence of

sentiments; and for form's sake, to see what new deputies are arrived,

and to grow into some acquaintance with each other, we regularly meet

every day at three o'clock. These and some occasional conversations

with the deputies of different States and with some of the general

officers of the late army (who are here upon a general meeting of the

Cincinnati), are the only opportunities I have hitherto had of forming

any opinion upon the great subject of our mission, and, consequently,

a very imperfect and indecisive one. Yet, upon the great principles

of it, I have reason to hope there will be greater unanimity and

less opposition, except from the little States, than was at first

apprehended. The most prevalent idea in the principal States seems to

be a total alteration of the present federal system, and substituting

a great national council or parliament, consisting of two branches of

the legislature, founded upon the principles of equal proportionate

representation, with full legislative powers upon all the subjects of

the Union; and an executive: and to make the several State legislatures

subordinate to the national, by giving the latter the power of a

negative upon all such laws as they shall judge contrary to the

interest of the federal Union ... and what is a very extraordinary

phenomenon, we are likely to find the republicans, on this occasion,

issue from the Southern and Middle States, and the anti-republicans

from the Eastern; however extraordinary this may at first seem, it may,

I think be accounted for from a very common and natural impulse of the

human mind. Men disappointed in expectations too hastily and sanguinely

formed, tired and disgusted with the unexpected evils they have

experienced, and anxious to remove them as far as possible, are very

apt to run into the opposite extreme; and the people of the Eastern

States, setting out with more republican principles, have consequently

been more disappointed than we have been....

156. The Virginia Plan

_Records of the Federal Convention_ (Farrand), I, 20-22, for May

29. For history of the plan, cf. _American History and Government_,

# 202. On the opening day of the Philadelphia Convention for

business Mr. Randolph, after a brilliant speech, introduced the

following resolutions in behalf of the Virginia delegation.

1. Resolved that the articles of Confederation ought to be so

corrected and enlarged as to accomplish the objects proposed by their

institution; namely, "common defence, security of liberty and general

welfare."

2. Resd. therefore that the rights of suffrage in the National

Legislature ought to be proportioned to the Quotas of contribution, or

to the number of free inhabitants, as the one or the other rule may

seem best in different cases.

3. Resd. that the National Legislature ought to consist of two branches.

4. Resd. that the members of the first branch of the National

Legislature ought to be elected by the people of the several States

every ---- for the term of ----; to be of the age of ---- years at

least; to receive liberal stipends by which they may be compensated for

the devotion of their time to public service; to be ineligible to any

office established by a particular State, or under the authority of the

United States, except those peculiarly belonging to the functions of

the first branch, during the term of service, and for the space of ----

after its expiration; to be incapable of re-election for the space

of ---- after the expiration of their term of service, and to be

subject to recall.

5. Resd. that the members of the second branch of the National

Legislature ought to be elected by those of the first, out of a proper

number of persons nominated by the individual Legislatures, to be

of the age of ---- years at least; to hold their offices for a term

sufficient to ensure their independency; to receive liberal stipends,

by which they may be compensated for the devotion of their time to

public service; and to be ineligible to any office established by a

particular State, or under the authority of the United States, except

those peculiarly belonging to the functions of the second branch,

during the term of service, and for the space of ---- after the

expiration thereof.

6. Resolved that each branch ought to possess the right of originating

Acts; that the National Legislature ought to be impowered to enjoy the

Legislative Rights vested in Congress by the Confederation and moreover

to legislate in all cases to which the separate states are incompetent,

or in which the harmony of the United States may be interrupted by the

exercise of individual Legislation; to negative all laws passed by the

several States, contravening in the opinion of the National Legislature

the articles of Union; and to call forth the force of the Union against

any member of the Union failing to fulfill its duty under the articles

thereof.

7. Resd. that a National Executive be instituted; to be chosen by the

National Legislature for the term of ---- years, to receive punctually

at stated times, a fixed compensation for the services rendered, in

which no increase or diminution shall be made so as to affect the

Magistracy existing at the time of increase or diminution, and to be

ineligible a second time; and that besides a general authority to

execute the National laws, it ought to enjoy the Executive rights

vested in Congress by the Confederation.

8. Resd. that the Executive and a convenient number of the National

Judiciary, ought to compose a council of revision with authority to

examine every act of the National Legislature before it shall operate,

and every act of a particular Legislature before a Negative thereon

shall be final; and that the dissent of the said Council shall amount

to a rejection, unless the Act of the National Legislature be again

passed, or that of a particular Legislature be again negatived by ----

of the members of each branch.

9. Resd. that a National Judiciary be established to consist of one or

more supreme tribunals, and of inferior tribunals to be chosen by the

National Legislature, to hold their offices during good behaviour;

and to receive punctually at stated times fixed compensation for their

services, in which no increase or diminution shall be made so as to

affect the persons actually in office at the time of such increase or

diminution that the jurisdiction of the inferior tribunals shall be to

hear and determine in the first instance, and of the supreme tribunal

to hear and determine in the dernier resort, all piracies and felonies

of the high seas, captures from an enemy; cases in which foreigners

or citizens of other States applying to such jurisdiction may be

interested, or which respect the collection of the National revenue;

impeachments of any National officers, and questions which may involve

the national peace and harmony.

10. Resd. that provision ought to be made for the admission of States

lawfully arising within the limits of the United States, whether from a

voluntary junction of Government and Territory or otherwise, with the

consent of a number of voices in the National legislature less than the

whole.

11. Resd. that a Republican Government and the territory of each State,

except in the instance of a voluntary junction of Government and

territory, ought to be guaranteed by the United States to each State.

12. Resd. that provision ought to be made for the continuance of

Congress and their authorities and privileges, until a given day after

the reform of the articles of Union shall be adopted, and for the

completion of all their engagements.

13. Resd. that provision ought to be made for the amendment of the

Articles of Union whensoever it shall seem necessary; and that the

assent of the National Legislature ought not to be required thereto.

14. Resd. that the Legislative Executive and Judiciary powers within

the several States ought to be bound by oath to support the articles of

Union.

15. Resd. that the amendments which shall be offered to the

Confederation by the Convention, ought at a proper time, or times,

after the approbation of Congress to be submitted to an assembly or

assemblies of Representatives, recommended by the several Legislatures

to be expressly chosen by the people to consider and decide thereon.

157. George Mason on the Convention and its Aristocratic Tendencies

(June, 1787)

_George Mason to George Mason, Jr._

Records of the Federal Convention (Farrand), III, 32-33

PHILADELPHIA, June 1, 1787.

... Virginia has had the honor of presenting the outlines of the plan

upon which the convention is proceeding; but so slowly that it is

impossible to judge when the business will be finished, most probably

not before August--_festina lente_ may very well be called our motto.

=_When I first came here, judging from casual conversations with

gentlemen from the different States, I was very apprehensive that,

soured and disgusted with the unexpected evils we had experienced from

the democratic principles of our governments, we should be apt to run

into the opposite extreme and in endeavoring to steer too far from

Scylla, we might be drawn into the vortex of Charybdis, of which I

still think there is some danger_=,[152] though I have the pleasure to

find in the convention, many men of fine republican principles. America

has certainly, upon this occasion, drawn forth her first characters;

there are upon this Convention many gentlemen of the most respectable

abilities, and so far as I can discover, of the purest intentions. The

eyes of the United States are turned upon this assembly, and their

expectations raised to a very anxious degree....

All communications of the proceedings are forbidden during the sitting

of the Convention; this I think was a necessary precaution to prevent

misrepresentations or mistakes; there being a material difference

between the appearance of a subject in its first crude and undigested

shape, and after it shall have been properly matured and arranged.

158. The New Jersey Plan

_Records of the Federal Convention_ (Farrand), I, 242-245 (for June

15). The Convention, in committee of the whole, in two weeks of

debate, had adopted nineteen resolutions based upon the fifteen in

the Virginia Plan above. Action upon this report of the committee

of the whole was then interrupted by the presentation of the

following plan on which the "Small States" had now agreed.

Mr. _Patterson_ [New Jersey] laid before the Convention the plan which

he said several of the deputations wished to be substituted in place

of that proposed by Mr. Randolph. After some little discussion of the

most proper mode of giving it a fair deliberation it was agreed that it

should be referred to a Committee of the Whole, and that in order to

place the two plans in due comparison, the other should be recommitted.

At the earnest desire of Mr. Lansing [New Jersey], and some other

gentlemen, it was also agreed that the Convention should not go into

Committee of the Whole on the subject till tomorrow, by which delay the

friends of the plan proposed by Mr. Patterson wd. be better prepared

to explain and support it, and all would have an opportunity of taking

copies.--

The propositions from N. Jersey moved by Mr. Patterson were in the

words following.

1. Resd. that the articles of Confederation ought to be so revised,

corrected and enlarged as to render the federal Constitution adequate

to the exigencies of Government, and the preservation of the Union.

2. Resd. that in addition to the powers vested in the U. States in

Congress, by the present existing articles of Confederation, they be

authorized to pass acts for raising a revenue, by levying a duty or

duties on all goods and merchandizes of foreign growth or manufacture,

imported into any part of the U. States, by Stamps on paper, vellum or

parchment, and by a postage on all letters or packages passing through

the general post-Office, to be applied to such federal purposes as

they shall deem proper and expedient; to make rules and regulations

for the collection thereof; and the same from time to time to alter

and amend in such manner as they shall think proper: to pass Acts

for the regulation of trade and commerce as well with foreign nations

as with each other: provided that all punishments, fines, forfeitures

and penalties, to be incurred for contravening such acts rules and

regulations shall be adjudged by the Common law judiciaries of the

State in which any offence contrary to the true intent and meaning

of such Acts rules and regulations shall have been committed or

perpetrated, with liberty of commencing in the first instance all suits

and prosecutions for that purpose in the superior Common law Judiciary

in such State, subject nevertheless, for the correction of all errors,

both in law and fact in rendering judgment, to an appeal to the

Judiciary to the U. States.

3. Resd. that whenever requisitions shall be necessary, instead

of the rule for making requisitions mentioned in the articles of

Confederation, the United States in Congs. be authorized to make such

requisitions in proportion to the whole number of white and other free

citizens and inhabitants of every age sex and condition including those

bound to servitude for a term of years and three fifths of all other

persons not comprehended in the foregoing description, except Indians

not paying taxes; that if such requisitions be not complied with, in

the time specified therein, to direct the collection thereof in the

non complying States and for that purpose to devise and pass acts

directing and authorizing the same; provided that none of the powers

hereby vested in the U. States in Congs. shall be exercised without the

consent of at least ---- States, and in that proportion, if the number

of Confederated States should hereafter be increased or diminished.

4. Resd. that the U. States in Congs. be authorized to elect a federal

Executive to consist of ---- persons, to continue in office for the

term of ---- years, to receive punctually at stated times a fixed

compensation for their services, in which no increase or diminution,

shall be made so as to affect the persons composing the Executive at

the time of such increase or diminution, to be paid out of the federal

treasury; to be incapable of holding any other office or appointment

during their time of service and for ---- years thereafter; to be

ineligible a second time, and removeable by Congs. on application by a

majority of the Executives of the several States; that the Executives

besides their general authority to execute the federal acts ought to

appoint all federal officers not otherwise provided for, and to direct

all military operations; provided that none of the persons composing

the federal Executive shall on any occasion take command of any troops,

so as personally to conduct any enterprise as General, or in other

capacity.

5. Resd. that a federal judiciary be established to consist of a

supreme Tribunal the Judges of which to be appointed by the Executive,

and to hold their offices during good behaviour, to receive punctually

at stated times a fixed compensation for their services in which no

increase or diminution shall be made, so as to affect the persons

actually in office at the time of such increase or diminution; that the

Judiciary so established shall have authority to hear and determine

in the first instance on all impeachments of federal officers, and

_by way of appeal, in the dernier resort, in all cases touching the

rights of Ambassadors, in all cases of captures from an enemy, in

all cases of piracies and felonies on the high seas, in all cases in

which foreigners may be interested, in the construction of any treaty

or treaties, or which may arise on any of the Acts for regulation of

trade, or the collection of the federal Revenue_: that none of the

Judiciary shall during the time they remain in Office be capable of

receiving or holding any other office or appointment during their time

of service, or for ---- thereafter.

6. =Resd. that all Acts of the U. States in Congs. made by virtue and

in pursuance of the powers hereby and by the articles of confederation

vested in them, and all Treaties made and ratified under the authority

of the U. States shall be the supreme law of the respective States so

far forth as those Acts or Treaties shall relate to the said States or

their Citizens, and _that the Judiciary of the several States_ shall

be bound thereby in their decisions, any thing in the respective laws

of the individual States to the contrary notwithstanding=; and that if

any State or any body of men in any State shall oppose or prevent the

carrying into execution such acts or treaties, the federal Executive

shall be authorized to call forth the power of the Confederated States,

or so much thereof as may be necessary to enforce and compel an

obedience to such Acts or an Observance of such Treaties.

7. Resd. that provision be made for the admission of new States into

the Union.

8. Resd. the rule for naturalization ought to be the same in every

State.

9. Resd. that a Citizen of one State committing an offence in another

State of the Union, shall be deemed guilty of the sane offence as if it

had been committed by a Citizen of the State in which the Offence was

committed.

Adjourned

159. Hamilton's Plan

On June 18, Hamilton occupied nearly the whole session with an

argument for a government stronger and more centralized even than

the Virginia Plan--to meet the advocates of the New Jersey Plan by

taking high ground. During this address he presented his own Plan

(not what he thought attainable, but desirable). The paper given

below (from Hamilton's _Works_, Federalist edition, I, 401 ff.)

seems to have been prepared to assist the delivery of this address,

as a sort of brief. The address itself is reported by Madison

(_Journal_, for June 18) much more at length, but with many of the

same phrases. The student would do well to compare the two. Copious

extracts from that speech, and from other words of Hamilton in the

Convention, are quoted in _American History and Government_, # 200.

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 people are turbulent and changing; they seldom judge or

determine right. Give therefore to the first class [the few] 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. ... Nothing but

a _permanent_ body can check the imprudence of democracy. Their

turbulent and uncontrollable disposition requires checks....

It is admitted that you cannot have a good Executive upon a democratic

plan. See the excellency of the British Executive. He is placed above

temptation. He can have no distinct interests from the public welfare.

=Nothing short of such an executive can be efficient. ... Let one body

of the Legislature be constituted during good behavior or life.= Let

one Executive be appointed who dares execute his powers. It may be

asked: Is this a republican system? It is strictly so, as long as they

remain elective. And let me observe that an Executive is less dangerous

to the liberties of the people when in office during life, than for

seven years. ... =Let electors be appointed in each of the States to

elect the Legislature=, to consist of two branches; and I would give

them [the national legislature] the _unlimited power of passing all

laws, without exception_. The Assembly to be elected for three years

by the people in districts. The Senate to be elected by electors to be

chosen for that purpose by the people, and to remain in office during

life. _The Executive to have the power of negativing all laws_; to make

war and peace, with their [Senate's] advice, but to have sole direction

of all military operations, and to send ambassadors, and appoint all

military officers; and to pardon all offenders, treason excepted,

unless by advice of the Senate ... Supreme judicial officers to be

appointed by the Executive and the Senate.

The Legislature to appoint courts in each State, _so as to make the

State governments unnecessary to it_. All state laws which contravene

the general laws to be absolutely void. _An officer to be appointed in

each State to have a negative on all State laws. ..._

160. Character Sketches of Delegates by William Pierce

_Records of the Federal Convention_, III, 87 ff.

Pierce was a delegate from Georgia. It is not known just when he

composed these sketches.

From New Hampshire.

Mr. Langdon is a man of considerable fortune....

From Massachusetts.

Rufus King, Natl. Gorham, Gerry and Jno. [Caleb] Strong Esquires.

Mr. King is a Man much distinguished for his eloquence and great

parliamentary talents. He was educated in Massachusetts and is said

to have good classical as well as legal knowledge. He has served

for three years in the Congress of the United States with great and

deserved applause, and is at this time high in the confidence and

approbation of his Countrymen. This Gentleman is about thirty three

years of age, about five feet ten Inches high, well formed, an handsome

face, with a strong expressive Eye, and a sweet high toned voice. In

his public speaking there is something peculiarly strong and rich in

his expression, clear, and convincing in his arguments, rapid and

irresistible at times in his eloquence but he is not always equal. His

action is natural, swimming and graceful, but there is a rudeness of

manner sometimes accompanying it. But take him _tout en semble_, he may

with propriety be ranked among the Luminaries of the present Age.

Mr. Gorham is a Merchant in Boston....

Mr. Gerry's character is marked for integrity and perseverance. He

is a hesitating and laborious speaker;--possesses a great degree of

confidence and goes extensively into all subjects that he speaks on,

without respect to elegance or flower of diction. He is connected and

sometimes clear in his arguments, conceives well, and cherishes as his

virtue, a love for his Country. Mr. Gerry is very much of a Gentleman

in his principles and manners;--he has been engaged in the mercantile

line and is a Man of property. He is about 37 years of age.

From Connecticut.

Saml. Johnson, Roger Sherman, and W. [Oliver] Elsworth Esquires.

* * * * *

Mr. Sherman exhibits the oddest shaped character I ever remember to

have met with. He is awkward, un-winning, and unaccountably strange in

his manner. But in his train of thinking there is something regular,

deep and comprehensive; yet the oddity of his address, the vulgarisms

that accompany his public speaking, and that strange New England cant

that runs through his public as well as his private speaking make

everything that is connected with him grotesque and laughable;--and yet

he deserves infinite praise,--no Man has a better Heart or a clearer

Head. If he cannot embellish he can furnish thoughts that are wise and

useful. He is an able politician and extremely artful in accomplishing

any particular object;--and it is remarked that he seldom fails. I am

told he sits on the bench in Connecticut, and is very correct in the

discharge of his Judicial functions. In the early part of his life

he was a Shoe-maker;--but despising the lowness of his condition, he

turned Almanack maker, and so progressed upwards to a Judge. He has

been several years a Member of Congress, and discharged the duties of

his Office with honor and credit to himself, and advantage to the State

he represented. He is about 60.

Mr. Elsworth is a Judge of the Supreme Court in Connecticut;--he is

a Gentleman of a clear, deep, and copious understanding; eloquent,

and connected in public debate; and always attentive to his duty. He

is very happy in a reply, and choice in selecting such parts of his

adversary's arguments as he finds make the strongest impressions,--in

order to take off the force of them, so as to admit the power of his

own. Mr. Elsworth is about 37 years of age, a Man much respected for

his integrity, and venerated for his abilities.

From New York.

Alexander Hamilton, [Robert] Yates, and W. [John] Lansing Esquires.

Colo. Hamilton is deservedly celebrated for his talents. He is a

practitioner of the Law, and reputed to be a finished Scholar. To a

clear and strong judgment he unites the ornaments of fancy, and whilst

he is able, convincing, and engaging in his eloquence the Heart and

Head sympathize in approving him. Yet there is something too feeble in

his voice to be equal to the strains of oratory;--it is my opinion that

he is rather a convincing Speaker, that [than] a blazing Orator. Colo.

Hamilton requires time to think,--he enquires into every part of his

subject with the searchings of philosophy, and when he comes forward

he comes highly charged with interesting matter. There is no skimming

over the surface of a subject with him, he must sink to the bottom to

see what foundation it rests on.--His language is not always equal,

sometimes didactic like Bolingbroke's at others light and tripping

like Stern's. His eloquence is not so diffusive as to trifle with the

senses, but he rambles just enough to strike and keep up the attention.

He is about 33 years old, of small stature, and lean. His manners are

tinctured with stiffness, and sometimes with a degree of vanity that is

highly disagreeable.

Mr. Yates is said to be an able Judge. He is a Man of great legal

abilities, but not distinguished as an Orator. Some of his Enemies say

he is an anti-federal Man, but I discovered no such disposition in him.

He is about 45 years old, and enjoys a great share of health.

Mr. Lansing is a practicing Attorney at Albany, and Mayor of that

Corporation. He has a hesitation in his speech, that will prevent his

being an Orator of any eminence;--his legal knowledge I am told is not

extensive, nor his education a good one. He is however a Man of good

sense, plain in his manners, and sincere in his friendships. He is

about 32 years of age.

From New Jersey.

Wm. Livingston, David Brearly, Wm. Patterson, and Jonn. Dayton,

Esquires.

Governor Livingston is confessedly a Man of the first rate talents,

but he appears to me rather to indulge a sportiveness of wit, than

a strength of thinking. He is however equal to anything, from the

extensiveness of his education and genius. His writings teem with

satyr and a neatness of style. But he is no Orator, and seems little

acquainted with the guiles of policy. He is about 60 years old, and

remarkably healthy.

Mr. Brearly is a man of good, rather than of brilliant parts. He is

a Judge of the Supreme Court of New Jersey, and is very much in the

esteem of the people. As an Orator he has little to boast of, but as a

Man he has every virtue to recommend him. Mr. Brearly is about 40 years

of age.

M. Patterson is one of those kind of Men whose powers break in upon

you, and create wonder and astonishment. He is a Man of great modesty,

with looks that bespeak talents of no great extent,--but he is a

Classic, a Lawyer, and an Orator;--and of a disposition so favorable

to his advancement that every one seemed ready to exalt him with their

praises. He is very happy in the choice of time and manner of engaging

in a debate, and never speaks but when he understands his subject well.

This Gentleman is about 34 years of age, of a very low stature.

Capt. Dayton is a young Gentleman of talents, with ambition to exert

them. He possesses a good education, and some reading; he speaks

well, and seems desirous of improving himself in Oratory. There is an

impetuosity in his temper that is injurious to him; but there is an

honest rectitude about him that makes him a valuable Member of Society,

and secures to him the esteem of all good Men. He is about 30 years

old, served with me as a Brother Aid to General Sullivan in the Western

expedition of '79.

From Pennsylvania.

Benja. Franklin, Thos. Mifflin, Robt. Morris, Geo. Clymer, Thomas

Fitzsimmons, Jared Ingersol, James Wilson, Governeur Morris.

Dr. Franklin is well known to be the greatest philosopher of the

present age;--all the operations of nature he seems to understand,--the

very heavens obey him, and the Clouds yield up their Lightning to

be imprisoned in his rod. But what claim he has to the politician

posterity must determine. It is certain that he does not shine much in

public Council,--he is no Speaker, nor does he seem to let politics

engage his attention. He is, however, a most extraordinary Man, and

tells a story in a style more engaging that anything I ever heard. Let

his Biographer finish his character. He is 82 years old, and possesses

an activity of mind equal to a youth of 25 years of age.

* * * * *

Robert Morris is a merchant of great eminence and wealth; an able

Financier, and a worthy Patriot. He has an understanding equal to any

public object, and possesses an energy of mind that few Men can boast

of. Although he is not learned, yet he is as great as those who are.

I am told that when he speaks in the Assembly of Pennsylvania, that

he bears down all before him. What could have been his reason for not

Speaking in the Convention I know not,--but he never spoke on any

point. This Gentleman is about 50 years of age....

Mr. Fitzsimmons is a Merchant of considerable talents....

* * * * *

Mr. Ingersol is a very able Attorney, and possesses a clear legal

understanding. He is well educated in the Classics and is a Man of

very extensive reading. Mr. Ingersol speaks well, and comprehends his

subject fully. There is a modesty in his character that keeps him back.

He is about 36 years old.

Mr. Wilson ranks among the foremost in legal and political knowledge.

He has joined to a fine genius all that can set him off and show him

to advantage. He is well acquainted with Man, and understands all the

passions that influence him.

Government seems to have been his peculiar Study, all the political

institutions of the World he knows in detail, and can trace the causes

and effects of every revolution from the earliest stages of the Grecian

commonwealth down to the present time. No man is more clear, copious,

and comprehensive than Mr. Wilson, yet he is no great Orator. He draws

the attention not by the charm of his eloquence, but by the force of

his reasoning. He is about 45 years old.

Mr. Governeur Morris is one of those Genius's in whom every species of

talents combine to render him conspicuous and flourishing in public

debate:--He winds through all the mazes of rhetoric, and throws around

him such a glare that he charms, captivates, and leads away the senses

of all who hear him. With an infinite stretch of fancy he brings to

view things when he is engaged in deep argument, that render all the

labor of reasoning easy and pleasing. But with all these powers he is

fickle and inconstant,--never pursuing one train of thinking,--nor ever

regular. He has gone through a very extensive course of reading, and

is acquainted with all the sciences. No Man has more wit,--nor can any

one engage the attention more than Mr. Morris. He was bred to the Law,

but I am told he disliked the profession, and turned merchant. He is

engaged in some great mercantile matters with his namesake Mr. Robt

Morris. This Gentleman is about 38 years old, he has been unfortunate

in losing one of his Legs, and getting all the flesh taken off his

right arm by a scald, when a youth.

From Delaware.

John Dickinson, Gunning Bedford, Geo: Richd. Bassett, and Jacob Broom

Esquires.

Mr. Dickinson has been famed through all America, for his Farmers

Letters; he is a Scholar, and said to be a Man of very extensive

information. When I saw him in the Convention I was induced to pay the

greatest attention to him whenever he spoke. I had often heard that he

was a great Orator, but I found him an indifferent Speaker. With an

affected air of wisdom he labors to produce a trifle,--his language is

irregular and incorrect,--his flourishes (for he sometimes attempts

them), are like expiring flames, they just shew themselves and go

out;--no traces of them are left on the mind to chear or animate it. He

is, however, a good writer and will ever be considered one of the most

important characters in the United States. He is about 55 years old,

and was bred a Quaker.

Mr. Bedford was educated for the Bar, and in his profession I am told

has merit. He is a bold and nervous Speaker, and has a very commanding

and striking manner;--but he is warm and inpetuous in his temper, and

precipitate in his judgment. [Cf. No. 161.] Mr. Bedford is about 32

years old, and very corpulent.

* * * * *

From Maryland.

Luther Martin, Jas. McHenry, Daniel of St. Thomas, Jenifer, and Daniel

Carrol Esquires.

Mr. Martin was educated for the Bar, and is Attorney general for the

State of Maryland. This Gentleman possesses a good deal of information,

but he has a very bad delivery, and so extremely prolix, that he never

speaks without tiring the patience of all who hear him. He is about 34

years of age.

Mr. Jenifer is a Gentleman of fortune....

Mr. Carroll is a Man of large fortune....

From Virginia.

Genl. Geo. Washington, Geo. Wythe, Geo. Mason, Jas. Maddison Jr. Jno.

Blair, Edmd. Randolph, and James McLurg.

* * * * *

Mr. Mason is a Gentleman of a remarkable strong powers, and possesses a

clear and copious understanding. He is able and convincing in debate,

steady and firm in his principles, and undoubtedly one of the best

politicians in America. Mr. Mason is about 60 years old, with a fine

strong constitution.

Mr. Maddison is a character who has long been in public life; and what

is very remarkable every Person seems to acknowledge his greatness.

He blends together the profound politician, with the Scholar. In the

management of every great question he evidently took the lead in the

Convention, and tho' he cannot be called an Orator, he is a most

agreable, eloquent, and convincing Speaker. From a spirit of industry

and application which he possesses in a most eminent degree, he always

comes forward the best informed Man of any point in debate. The affairs

of the United States, he perhaps, has the most correct knowledge of,

of any Man in the Union. He has been twice a Member of Congress, and

was always thought one of the ablest Members that ever sat in that

Council. Mr. Maddison is about 37 years of age, a Gentleman of great

modesty,--with a remarkable sweet temper. He is easy and unreserved

among his acquaintances, and has a most agreable style of conversation.

Mr. Blair is one of the most respectable Men in Virginia both on

account of his Family as well as his fortune....

Mr. Randolph is Governor of Virginia,--a young Gentleman in whom unite

all the accomplishments of the Scholar, and the States-man. He came

forward with the postulata or first principles, on which the Convention

acted, and he supported them with a force of eloquence and reasoning

that did him great honor. He has a most harmonious voice, a fine person

and striking manners. Mr. Randolph is about 32 years of age.

* * * * *

North Carolina.

Wm. Blount, Richd. Dobbs Spaight, Hugh Williamson, Wm. Davey, and Jno.

[Alexander] Martin Esquires.

Mr. Blount is a character strongly marked for integrity and honor. He

has been twice a Member of Congress, and in that office discharged

his duty with ability and faithfulness. He is no Speaker, nor does he

possess any of those talents that make Men shine;--he is plain, honest,

and sincere. Mr. Blount is about 36 years of age.

Mr. Spaight is a worthy Man, of some abilities, and fortune. Without

possessing a Genius to render him brilliant, he is able to discharge

any public trust that his Country may repose in him. He is about 31

years of age....

South Carolina.

Jno. Rutledge, Chs. Cotesworth Pinckney, Charles Pinckney, and Pierce

Butler Esquires.

Mr. Rutledge is one of those characters who was highly mounted at

the commencement of the late revolution; his reputation in the first

Congress gave him a distinguished rank among the American Worthies.

He was bred to the Law, and now acts as one of the Chancellors of

South Carolina. This Gentleman is much famed in his own State as an

Orator, but in my opinion he is too rapid in his public speaking to be

denominated an agreeable Orator. He is undoubtedly a man of abilities,

and a Gentleman of distinction and fortune. Mr. Rutledge was once

Governor of South Carolina. He is about 48 years of age.

Mr. Chas. Cotesworth Pinckney is a Gentleman of Family and fortune....

Mr. Charles Pinckney is a young Gentleman of most promising talents. He

is, altho only 24 years of age, in possession of a very great variety

of knowledge. Government, Law, History, and Philosophy are his favorite

studies, but he is intimately acquainted with many species of polite

learning....

* * * * *

For Georgia.

Wm. Few, Abraham Baldwin, Wm. Pierce, and Wm. Houstoun Esqrs.

Mr. Few possesses a strong natural Genius, and from application has

acquired some knowledge of legal matters; and he practices at the bar

of Georgia, and speaks tolerably well in the Legislature. He has been

twice a Member of Congress, and served in that capacity with fidelity

to his State, and honor to himself. Mr. Few is about 35 years of age.

Mr. Baldwin is a Gentleman of superior abilities, and joins in a public

debate with great art and eloquence. Having laid the foundation of a

compleat classical education at Harvard College, he pursues every other

study with ease. He is well acquainted with Books and Characters,

and has an accommodating turn of mind, which enables him to gain the

confidence of Men, and to understand them. He is a practicing Attorney

in Georgia, and has been twice a Member of Congress. Mr. Baldwin is

about 38 years of age.

Mr. Houstoun is an Attorney at Law. ... He is a Gentleman of Family,

and was educated in England. As to his legal or political knowledge,

he has very little to boast of. Nature seems to have done more for his

corporeal than mental powers. His person is striking....

161. One Day in the Philadelphia Convention

Madison's _Journal_. The day chosen was the closing day of debate

on the "Connecticut Compromise" proposition, when the Convention

came near disruption. For the narrative, cf. _American History and

Government_, # 203.

SATURDAY, JUNE 30th

_In Convention,_--Mr. BREARLY [New Jersey][153] moved that the

President write to the Executive of New Hampshire, informing it that

the business depending before the Convention was of such a nature as

to require the immediate attendance of the Deputies of that State.

In support of his motion, he observed that the difficulties of the

subject, and the diversity of opinions called for all the assistance we

could possibly obtain. (It was well understood that the object was to

add New Hampshire to the number of States opposed to the doctrine of

proportional representation, which it was presumed, from her relative

size, she must be adverse to.)

Mr. PATTERSON [New Jersey] seconded the motion.

Mr. RUTLEDGE [South Carolina] could see neither the necessity nor

propriety of such a measure. They are not unapprised of the meeting,

and can attend if they choose.

Rhode Island might as well be urged to appoint and send deputies. Are

we to suspend the business until the Deputies arrive? If we proceed, he

hoped all the great points would be adjusted before the letter could

produce its effect.

Mr. KING [Massachusetts] said he had written more than once as a

private correspondent, and the answer gave him every reason to expect

that State would be represented very shortly, if it should be so at

all. Circumstances of a personal nature had hitherto prevented it. A

letter could have no effect.

Mr. WILSON [Pennsylvania] wished to know, whether it would be

consistent with rule or reason of secrecy, to communicate to New

Hampshire that the business was of such a nature as the motion

described. It would spread a great alarm. Besides he doubted the

propriety of soliciting any State on the subject, the meeting being

merely voluntary.

On motion of Mr. BREARLY.

New York, New Jersey, aye--2; Massachusetts, Connecticut, Virginia,

North Carolina, South Carolina, no--5; Maryland divided; Pennsylvania,

Delaware, Georgia, not on the floor.

The motion of Mr. ELLSWORTH being resumed, for allowing each State an

equal vote in the second branch,--[154]

Mr. WILSON did not expect such a motion after the establishment of

the contrary principle in the first branch; and considering the

reasons which would oppose it, even if an equal vote had been allowed

in the first branch. The gentleman from Connecticut (Mr. ELLSWORTH)

had pronounced, that if the motion should not be acceded to, of all

the States north of Pennsylvania one only would agree to any General

Government. He entertained more favourable hopes of Connecticut and of

the other Northern States. He hoped the alarms exceeded their cause,

and that they would not abandon a country to which they were bound

by so many strong and endearing ties. But should the deplored event

happen, it would neither stagger his sentiments nor his duty. _If the

minority of the people of America refuse to coalesce with the majority

on just and proper principles; if a separation must take place, it

could never happen on better grounds._ The votes of yesterday against

the just principle of representation were as twenty-two to ninety of

the people of America. Taking the opinions to be the same on this

point, and he was sure, if there was any room for change, it could not

be on the side of the majority, the question will be, shall less than

one-fourth of the United States withdraw themselves from the Union, or

shall more than three-fourths renounce the inherent, indisputable and

unalienable rights of men, in favor of the artificial system of States?

If issue must be joined, it was on this point he would choose to join

it. The gentleman from Connecticut, in supposing that the preponderance

secured to the majority in the first branch had removed the objections

to an equality of votes in the second branch for the security of the

minority, narrowed the case extremely. Such an equality will enable

the minority to control, in all cases whatsoever, the sentiments and

interests of the majority. Seven States will control six: seven States,

according to the estimates that had been used, composed twenty-four

ninetieths of the whole people. It would be in the power, then, of

less than one-third to overrule two-thirds, whenever a question should

happen to divide the States in that manner....

Mr. ELLSWORTH. The capital objection of Mr. WILSON, "that the minority

will rule the majority," is not true. =_The power is given to the few

to save them from being destroyed by the many._= If an equality of

votes had been given to them in both branches, the objection might have

weight. Is it a novel thing that the few should have a check on the

many? Is it not the case in the British Constitution, the wisdom of

which so many gentlemen have united in applauding? Have not the House

of Lords, who form so small a proportion of the nation, a negative

on the laws, as a necessary defence of their peculiar rights against

the encroachments of the Commons? No instance of a confederacy has

existed in which an equality of voices has not been exercised by the

members of it. We are running from one extreme to another. We are

razing the foundations of the building, when we need only repair the

roof. No salutary measure has been lost for want of _a majority of

the States_ to favor it. If security be all that the great States

wish for, the first branch secures them. The danger of combinations

among them is not imaginary. Although no particular abuses could be

foreseen by him the possibility of them would be sufficient to alarm

him. But he could easily conceive cases in which they might result

from such combinations. Suppose, that, in pursuance of some commercial

treaty or arrangement, three or four free ports and no more were to

be established, would not combinations be formed in favor of Boston,

Philadelphia, and some port of the Chesapeake? A like concert might be

formed in the appointment of the great offices. He appealed again to

=_the obligations of the Federal compact_= [Articles of Confederation]

=_in force_=, and which had been entered =_into with so much solemnity;

persuading himself that some regard would still be paid to the

plighted faith under which each State, small as well as great, held an

equal right of suffrage in the general councils_=. His remarks were

not the result of partial or local views. The State he represented

(Connecticut) held a middle rank.

Mr. MADISON did justice to the able and close reasoning of Mr.

ELLSWORTH, but must observe that it did not always accord with itself.

On another occasion, the large States were described by him as the

aristocratic States, ready to oppress the small. Now the small are

the House of Lords, requiring a negative to defend them against the

more numerous Commons. Mr. ELLSWORTH had also erred in saying that no

instance had existed in which confederated states had not retained to

themselves a perfect equality of suffrage. Passing over the German

system, in which the King of Prussia has nine voices, he reminded Mr.

ELLSWORTH of the Lycian confederacy, in which the component members

had votes proportioned to their importance, and which Montesquieu

recommends as the fittest model for that form of government. Had the

fact been as stated by Mr. ELLSWORTH, it would have been of little

avail to him, or rather would have strengthened the arguments against

him; the history and fate of the several confederacies, modern as

well as ancient, demonstrating some radical vice in their structure.

In reply to the appeal of Mr. ELLSWORTH to the faith plighted in

the existing federal compact, he remarked, that the party claiming

from others an adherence to a common engagement, ought at least to

be guiltless itself of a violation. Of all the States, however,

Connecticut was perhaps least able to urge this plea. Besides the

various omissions to perform the stipulated acts, from which no State

was free, the Legislature of that State had, by a pretty recent vote,

_positively refused_ to pass a law for complying with the requisitions

of Congress, and transmitted a copy of the vote to Congress.[155] It

was urged, he said, continually, that an equality of votes in the

second branch was not only necessary to secure the small, but would be

perfectly safe to the large ones; whose majority in the first branch

was an effectual bulwark. But notwithstanding this apparent defence,

the majority of States might still injure the majority of the people.

... He admitted that every peculiar interest, whether in any class of

citizens or any description of States, ought to be secured as far as

possible. Wherever there is danger of attack, there ought to be given

a constitutional power of defence. =But he contended that the States

were divided into different interests, not by their difference of size,

but other circumstances; the most material of which resulted partly

from climate, but principally from the effects of their having or not

having slaves. These two causes concurred in forming the great division

of interests in the United States. It did not lie between the large and

small States. It lay between the Northern and Southern. ...=

Mr. ELLSWORTH assured the House, that, whatever might be thought of

the Representatives of Connecticut, the State was entirely Federal in

her disposition. He appealed to her great exertions during the war, in

supplying both men and money. _The muster-rolls would show she had more

troops in the field than Virginia._[156] If she had been delinquent, it

had been from inability, and not more so than other States.

Mr. SHERMAN. Mr. MADISON animadverted on the delinquency of the States,

when his object required him to prove that the constitution of Congress

was faulty. Congress is not to blame for the faults of the States.

Their measures have been right, and the only thing wanting has been a

further power in Congress to render them effectual.

Mr. DAVIE [North Carolina] was much embarrassed, and wished for

explanations. The Report of the Committee [of the Whole], allowing the

Legislatures to choose the Senate, and establishing a proportional

representation in it, seemed to be impracticable. There will, according

to this rule, be ninety members in the outset, and the number will

increase as new States are added. It was impossible that so numerous

a body could possess the activity and other qualities required in it.

Were he to vote on the comparative merits of the Report, as it stood,

and the amendment, he should be constrained to prefer the latter....

Under this view of the subject, he could not vote for any plan for the

Senate yet proposed. He thought that, in general, there were extremes

on both sides. _We were partly federal, partly national, in our union_;

and he did not see why the Government might not in some respects

operate on the States, in others on the people.

Mr. WILSON admitted the question concerning the number of Senators to

be embarrassing. If the smallest States be allowed one, and the others

in proportion, the Senate will certainly be too numerous. He looked

forward to the time when the smallest States will contain a hundred

thousand souls at least. Let there be then one Senator in each, for

every hundred thousand souls, and let the States not having that

number of inhabitants be allowed one. He was willing himself to submit

to this temporary concession to the small States; and threw out the

idea as a ground of compromise....

Doctor FRANKLIN. The diversity of opinions turns on two points. If

a proportional representation takes place, the small States contend

that their liberties will be in danger. If an equality of votes is

to be put in its place, the large States say their money will be in

danger. When a broad table is to be made, and the edges of planks do

not fit, the artist takes a little from both, and makes a good joint.

In like manner, here, both sides must part from some of their demands,

in order that they may join in some accommodating proposition. He had

prepared one which he would read, that it might lie on the table for

consideration. The proposition was in the words following:

"That the Legislatures of the several States shall choose and send

an equal number of delegates, namely ..., who are to compose the

second branch of the General Legislature.

"That in all cases or questions wherein the sovereignty of

individual States may be affected, or whereby their authority over

their own citizens may be diminished, or the authority of the

General Government within the several States augmented, each State

shall have equal suffrage.

"That in the appointment of all civil officers of the General

Government, in the election of whom the second branch may by the

constitution have part, each State shall have equal suffrage.

"That in fixing the salaries of such officers, and in all

allowances for public services, and generally in all appropriations

and disposition of money to be drawn out of the general Treasury;

and in all laws for supplying that Treasury, the Delegates of the

several States shall have suffrage in proportion to the sums which

their respective States do actually contribute to the Treasury."

Where a ship had many owners, this was the rule of deciding on her

expedition. He had been one of the ministers from this country to

France during the joint war, and would have been very glad if allowed

to vote in distributing the money to carry it on.

Mr. KING observed, that the simple question was, whether each State

should have an equal vote in the second branch; that it must be

apparent to those gentlemen who liked neither the motion for this

quality, nor the Report as it stood, that the Report was as susceptible

of melioration as the motion; that a reform would be nugatory and

nominal only, if we should make another Congress of the proposed

Senate; that if the adherence to an equality of votes was fixed and

unalterable, there could not be less obstinacy on the other side; and

that =_we were in fact cut asunder already, and it was in vain to shut

our eyes against it_=. That he was, however, filled with astonishment,

that, if we were convinced that every _man_ in America was secured

in all his rights, we should be ready to sacrifice this substantial

good to the phantom of _State_ sovereignty. That his feelings were

more harrowed and his fears more agitated for his country than he

could express; that he conceived this to be the last opportunity of

providing for its liberty and happiness: that he could not, therefore,

but repeat his amazement, that when a just government, founded on a

fair representation of the _People_ of America, was within our reach,

we should renounce the blessing, from an attachment to the ideal

freedom and importance of _States_. That should this wonderful illusion

continue to prevail, his mind was prepared for any event, rather

than sit down under a Government founded on a vicious principle of

representation, and which must be as short-lived as it would be unjust.

He might prevail on himself to accede to some such expedient as had

been hinted by Mr. WILSON; but =_he never could listen to an equality

of votes, as proposed in the motion_=.

Mr. DAYTON. =_When assertion is given for proof, and terror substituted

for argument, he presumed they would have no effect, however eloquently

spoken._= It should have been shown that the evils we have experienced

have proceeded from the equality now objected to; and that the seeds

of dissolution for the State Governments are not sown in the General

Government. He considered the system on the table [Virginia Plan] as a

novelty, an amphibious monster; and was persuaded that it never would

be received by the people.

Mr. MARTIN [Maryland] =_would never confederate, if it could not be

done on just principles_= [_i.e._, giving small States equal voice in

at least one House].

Mr. MADISON would acquiesce in the concession hinted by Mr. WILSON, on

condition that a due independence should be given to the Senate. The

plan in its present shape makes the Senate absolutely dependent on the

States. The Senate, therefore, is only another edition of Congress. He

knew the faults of that body, and had used a bold language against it.

Still he would preserve the State rights as carefully as the trial by

jury.

Mr. BEDFORD [Delaware] contended, that there was no middle way between

a perfect consolidation, and a mere confederacy of the States. The

first is out of the question; and in the latter they must continue,

if not perfectly, yet _equally_, sovereign. If political societies

possess ambition, avarice, and all the other passions which render

them formidable to each other, ought we not to view them in this light

here? Will not the same motives operate in America as elsewhere? If

any gentleman doubts it, let him look at the votes. Have they not

been dictated by interest, by ambition? =_Are not the large States

evidently seeking to aggrandize themselves at the expense of the

small?_= They think, no doubt, that they have right on their side,

but interest has blinded their eyes. Look at Georgia. Though a small

State at present, she is actuated by the prospect of soon being a

great one. South Carolina is actuated both by present interest, and

future prospects. She hopes, too, to see the other States cut down to

her own dimensions. North Carolina has the same motives of present and

future interest. Virginia follows. Maryland is not on that side of the

question. Pennsylvania has a direct and future interest. Massachusetts

has a decided and palpable interest in the part she takes. ... =_The

three large States have a common interest to bind them together in

commerce._= But whether a combination, as we supposed, shall take place

among them, in either case the small States must be ruined. We must,

like Solon, make such a government as the people will approve. Will the

smaller States ever agree to the proposed degradation of them? It is

not true that the people will not agree to enlarge the powers of the

present Congress. The language of the people has been, that Congress

ought to have the power of collecting an impost, and of coercing the

States where it may be necessary. On the first point they have been

explicit, and, in a manner, unanimous in their declarations. And must

they not agree to this, and similar measures, if they ever mean to

discharge their engagements? The little States are willing to observe

their engagements, _=but will meet the large ones on no ground but that

of the Confederation. We have been told, with dictatorial air, this is

the last moment for a fair trial in favor of a good government. It will

be the last, indeed, if the propositions reported from the Committee go

forth to the people. He was under no apprehensions. The large States

dare not dissolve the Confederation.= If they do, the small ones will

find some foreign ally, of more honour and good faith, who will take

them by the hand, and do them justice._ He did not mean, by this, to

intimidate or alarm. It was a natural consequence, which ought to be

avoided by enlarging the Federal powers, not annihilating the Federal

system. This is what the people expect. All agree in the necessity of a

more efficient government, and why not make such an one as they desire?

Mr. ELLSWORTH. Under a National Government, he should participate in

the national security, as remarked by Mr. KING; but that was all. What

he wanted was domestic happiness. The National Government could not

descend to the local objects on which this depended. It could only

embrace objects of a general nature. He turned his eyes, therefore, for

the preservation of his rights, to the State Governments. From these

alone he could derive the greatest happiness he expects in this life.

His happiness depends on their existence, as much as a new-born infant

on its mother for nourishment. If this reasoning was not satisfactory,

he had nothing to add that could be so.

Mr. KING was for preserving the States in a subordinate degree, and

as far as they could be necessary for the purposes stated by Mr.

ELLSWORTH. He did not think a full answer had been given to those who

apprehended a dangerous encroachment on their jurisdictions. ... He

could not sit down without taking some notice of the language of the

honorable gentleman from Delaware (Mr. BEDFORD). It was not he [King]

that had uttered a dictatorial language. This intemperance had marked

the honorable gentleman himself. It was not he [King] who, with a

vehemence unprecedented in that House, had declared himself ready to

turn his hopes from our common country, and court the protection of

some foreign hand. This, too, was the language of the honorable member

himself. He was grieved that such an expression had dropped from his

lips. The gentleman could only excuse it to himself on the score of

passion. For himself, _whatever might be his distress, he would never

court relief from a foreign power_.

Adjourned.

[The vote, taken on the opening of the next session, is recorded as

follows:

"_In Convention_,--On the question for allowing each State one vote

in the second branch, as moved by Mr. ELLSWORTH, it was lost, by

an equal division of votes,--Connecticut, New York, New Jersey,

Delaware, Maryland, aye--5; Massachusetts, Pennsylvania, Virginia,

North Carolina, South Carolina, no--5; Georgia, divided (Mr.

Baldwin aye, Mr. Houston, no)."

This was a tie, intentionally made so by the Georgia delegate who

voted last. For this and for the final victory of the "Compromise,"

cf. _American History and Government_, # 203.]

FOOTNOTES:

[150] This was an old royal form, now used by the _State_ instead of by

the King.

[151] Some States dated: "in the year of the Sovereignty and

Independence of the United States the Eleventh." Others were even more

specific than Georgia; as, "in the Eleventh year of the Independence

of the Delaware State"; or, as in New York,--"the Eleventh year of the

Independence of the Said State."

[152] Later, Mason became again convinced there was much such danger.

Cf. No. 161 below.

[153] Observe the motion was a "small-State" move, opposed by the

"large States" in debate as in vote.

[154] This motion had been made the day before. The Convention had

previously agreed that voting in the "first branch" should be in

proportion to population.

[155] This begins the rather unhappy "personalities" of the debate.

[156] Cf. note above.

XXVIII. RATIFYING THE CONSTITUTION[157]

162. George Mason's Objections to the Constitution, 1787

Kate Mason Rowland's _Life of George Mason_ (1892), II, 387-390.

Mason had been one of the most enthusiastic of the Philadelphia

Convention in its early stages, writing to his son, after a few

weeks, that he would "bury my bones in Philadelphia" rather than

injure the business by leaving prematurely, though his private

affairs were pressing. But he was more democratic than the

Convention, and, before its close, he came to look upon the results

with suspicion. He refused to sign the completed constitution,

and afterward he opposed its ratification in Virginia. Mason was

the chief author of the Virginia Bill of Rights of 1776 (No. 136

above). Cf. also No. 163.

_There is no Declaration of Rights_, and, the laws of the general

government being paramount to the laws and constitution of the several

States, the Declaration of Rights in the separate States are no

security. _Nor are the people secured even in the enjoyment of the

benefit of the common law._

In the House of Representatives there is not the substance but

the shadow only of representation; which can never produce proper

information in the legislature, or inspire confidence in the people;

the laws will therefore be generally made by men little concerned in,

and unacquainted with their effects and consequences.

The Senate have the power of altering all money bills, and of

originating appropriations of money, and the salaries of the officers

of their own appointment, in conjunction with the president of the

United States, although they are not the representatives of the people

or amenable to them.

These with their other great powers (viz.: their power in the

appointment of ambassadors and all public officers; in making treaties,

and in trying all impeachments; their influence upon and connection

with the supreme Executive from these causes; their duration of office

and their being a constantly existing body, almost continually sitting;

joined with their being one complete branch of the legislature) will

destroy any balance in the government, and enable them to accomplish

what usurpations they please upon the rights and liberties of the

people.

The Judiciary of the United States is so constructed and extended, as

to absorb and destroy the judiciaries of the several States; thereby

rendering law as tedious, intricate and expensive, and justice as

unattainable, by a great part of the community, as in England, and

enabling the rich to oppress and ruin the poor.

The President of the United States has no Constitutional Council, a

thing unknown in any safe and regular government. He will therefore

be unsupported by proper information and advice, and will generally

be directed by minions and favorites; or he will become a tool to

the Senate--or a Council of State will grow out of the principal

officers of the great departments; the worst and most dangerous of

all ingredients for such a Council in a free country. From this fatal

defect has arisen the improper power of the Senate in the appointment

of public officers, and the alarming dependence and connection between

that branch of the legislature and the supreme Executive.

Hence also sprung that unnecessary officer the Vice-President, who

for want of other employment is made president of the Senate, thereby

dangerously blending the executive and legislative powers, besides

always giving to some one of the States an unnecessary and unjust

preeminence over the others.

The President of the United States has the unrestrained power of

granting pardons for treason, which may be sometimes exercised to

screen from punishment those whom he had secretly instigated to commit

the crime, and thereby prevent a discovery of his own guilt.

By declaring all treaties supreme laws of the land, the Executive and

the Senate have, in many cases, an exclusive power of legislation;

which might have been avoided by proper distinctions with respect to

treaties, and requiring the assent of the House of Representatives,

where it could be done with safety.

By requiring only a majority to make all commercial and navigation

laws, the five Southern States, whose produce and circumstances are

totally different from that of the eight Northern and Eastern States,

may be ruined, for such rigid and premature regulations may be made as

will enable the merchants of the Northern and Eastern States not only

to demand an exorbitant freight, but to monopolize the purchase of the

commodities at their own price, for many years, to the great injury of

the landed interest, and impoverishment of the people; and the danger

is the greater as the gain on one side will be in proportion to the

loss on the other. Whereas requiring two-thirds of the members present

in both Houses would have produced mutual moderation, promoted the

general interest, and removed an insuperable objection to the adoption

of this government.

=_Under their own construction of the general clause, at the end of

the enumerated powers_=,[158] the Congress may grant monopolies in

trade and commerce, constitute new crimes, inflict unusual and severe

punishments, and extend their powers as far as they shall think proper;

so that the State legislatures have no security for the powers now

presumed to remain to them, or the people for their rights.

_There is no declaration of any kind, for preserving the liberty of the

press, or the trial by jury in civil causes; nor against the danger of

standing armies in time of peace._

The State legislatures are restrained from laying export duties on

their own produce.

Both the general legislature and the State legislature are expressly

prohibited making _ex post facto_ laws; though there never was nor can

be a legislature but must and will make such laws, when necessity and

the public safety require them; which will hereafter be a breach of

all the constitutions in the Union, and afford precedents for other

innovations.

=This government will set out a moderate aristocracy=: it is at present

impossible to foresee whether it will, in its operation, produce a

monarchy, or a corrupt, tyrannical aristocracy; it will most probably

vibrate some years between the two, and then terminate in the one or

the other.

The general legislature is restrained from prohibiting the further

importation of slaves for twenty odd years; though such importations

render the United States weaker, more vulnerable, and less capable of

defence.

163. Mason's Explanation of the Preparation of his "Objections" (and

Accusation of "Railroading" through the Plan of the Majority)

_George Mason to Thomas Jefferson_ [_in France_]

_Records of the Federal Convention_, III, 304-305.

VIRGINIA, GUNSTON HALL, May 26, 1788.

I make no Doubt that You have long ago received Copies of the new

Constitution. ... Upon the most mature consideration I was capable of,

and from Motives of sincere Patriotism, I was under the Necessity of

refusing my Signature, as one of the Virginia Delegates; and drew up

some general Objections; which I intended to offer, by way of Protest;

but was discouraged from doing so, by the precipitate and intemperate,

not to say indecent, Manner, in which the Business was conducted during

the last week of the Convention, after the Patrons of this New Plan

formed they had a decided Majority in their Favour: which was obtained

by a Compromise between the Eastern and the two Southern States, to

permit the latter to continue the Importation of Slaves for twenty odd

years; a more favorite Object with them than the Liberty and Happiness

of the People.

164. An Unfriendly Account of Hancock's Support of the Constitution in

the Massachusetts Ratifying Convention of 1788

_Writings of Laco_, VII, 23 ff. (a series of "Letters" published by

Stephen Higginson and other Federalists, in 1789, to defeat Hancock

in his candidacy for reëlection to the governorship). Higginson

was a Boston merchant, and a leading Federalist. The "plan" he

refers to as placed in Hancock's hands, favored the adoption of the

Constitution with a list of amendments to be adopted later by the

new government.

There are men in every free society, who have not a common interest

with the community at large; and who rely wholly on the popular

affection in their favour, to give them promotion and support in

publick life. ... Without abilities to make them really useful in

publick life, and devoid of principles or merits that can command

respect, they have no dependence but upon popular attention to bring

them into view; and, having been long attentive to the popular pulse,

and always acquainted with the darling object with the multitude for

the time, they rarely fail to touch the right string, and to make the

people subserve their own selfish and private views. ... There cannot

be found within the compass of our memory, an instance, so strongly

verifying the preceding observation, as that of Mr. H. and his adhering

dependents....

... The course of his conduct from his reassuming the chair, to the

meeting of our State Convention, for considering and adopting the new

form of government for the Union, was nothing more than a renewed

exhibition of the same levities, and a uniform preference of his own

private interest, to that of the public.

A scene now opens upon us, very interesting and important:--The objects

which [were] then presented for our consideration, were so novel,

and of such magnitude, as deservedly engrossed the feelings and the

attention of every man. No one could remain mute and indifferent, while

the question as to the New Constitution was pending; and every one,

who felt no other bias than a regard to the safety and happiness of

our country, ... was most anxiously solicitous for its adoption. But

the popular demagogues, and those [who] were very much embarrassed

in their affairs, united to oppose it with all their might; and they

laboured incessantly, night and day, to alarm the simple and credulous,

by insinuating, that, however specious its appearance, and that of its

advocates, tyranny and vassalage would result from its principles.

The former of those descriptions were conscious, that a stable and

efficient government would deprive them of all future importance, or

support from the publick; and the latter of them knew, that nothing

but weakness and convulsions in government could screen them from

payment of their debts. How far Mr. H. was influenced by either, or

both of those motives, it is not easy to determine; but no one, who

recollects his general habits, who knows his situation and views, and

was acquainted with the open conversation and conduct of his cabinet

counsellors, can have a doubt of his being opposed to it. We all know,

that Mr. Quondam, and Mr. Changeling, as well as the _once venerable

old Patriot_ [Samuel Adams], who, by a notable defection, has lately

thrown himself into the arms of Mr. H. in violation of every principle;

and for the paltry privilege of sharing in his smiles, has, at the eve

of life, cast an indelible stain over his former reputation--it is

well known, I say, that these men do not dare to speak in publick a

language opposite to that of their patron; and it is equally notorious,

that they were open in their opposition to the Constitution--They

even went so far as to vilify its compilers, that they might thence

draw an argument to support their suggestions of its containing the

seeds of latent tyranny and oppression. They endeavoured by every

possible mean in their power, to create a popular clamour against the

Constitution; but they failed in their attempt; and Mr. H. and his

friends were obliged, upon their own principles to grow more cautious

in their opposition. The good sense of the _Mechanicks of Boston_ had

produced some manly and spirited resolutions, which effectually checked

Mr. H. and his followers in their opposition to the Constitution; and

eventually occasioned _four_ votes in its favour, which otherwise would

have been most certainly against it. Had those resolutions not made

their appearance, Mr. H. and three others of our Delegates would have

been in the negative; but it was thought necessary by them, after they

had appeared, to vote in favour of it. Having settled this point, the

next thing was to do it with a good grace, and to profit as much by it

as they could; and Mr. H. accordingly intimated to the advocates for

the adoption, that he would appear in its favour, if they would make

it worth his while. This intimation was given through a common friend,

who assured the friends of the Constitution, that nothing more would

be required on the part of Mr. H. than a promise to support him in the

chair at the next election. This promise, though a bitter pill, was

agreed to be given; for such was the state of things, that they were

very much afraid to decide upon the question, whilst he was opposed to

it. The famous conciliatory proposition of Mr. H. as it was called,

was then prepared by the advocates, and adopted by him; but the truth

is, he never was consulted about it, nor knew its contents, before it

was handed to him to bring forward in Convention. At the appointed

time, Mr. H. with all the parade of an Arbiter of States, came out with

the motion, not only in the words, but the very original paper that

was given him; and, with a confidence astonishing to all who were in

the secret, he called it his own, and said it was the result of his

own reflections on the subject, in the short intervals of ease which

he had enjoyed, during a most painful disorder. In this pompous and

farcical manner did he make that famous proposition, upon which he and

his adherents have arrogated so much; but neither he nor they have any

other merit in the case, than an attempt to deceive both parties can

fairly entitle them. For, at the very time he was buoying up the hopes

of the advocates, he was assuring the opposers of the Constitution,

by his emissaries, that he was really adverse to it; and upon the

strictest scrutiny we cannot find that any one vote was gained by his

being ostensibly in favour of it. The votes of the Old Patriot, and Mr.

Changeling, and Mr. Joyce, jun. we know were determined in its favour

by the resolutions of the Mechanicks; but the votes of many others,

who used implicitly to follow Mr. H. were in the negative, which were

counted upon by the friends of the Constitution, as being certain on

their side. This is a strong confirmation that Mr. H. was then playing

a game, which these people well understood; and indeed they, some of

them, explicitly declared it at the time. His subsequent conduct, in

regard to amendments, is a clear proof also, that by appearing in its

favour in Convention, he did not mean to support it; and that he was

not serious when he declared his proposition to be only conciliatory,

and not to remedy any defects existing in his mind in the constitution

as reported, which he explicitly declared at the time was the case.

165. The Federal Constitution

Recommended by the Philadelphia Convention to the States, September

17, 1787; ratified by the ninth State, June 21, 1788; in effect,

April 30, 1789 (_American History and Government_, ## 210, 212).

The text is that authorized by the Department of State and

printed in the _Revised Statutes_ (1878), except for the footnote

references and the brackets used in a few instances to inclose

portions of the document no longer effective, and for the omission

of numbers for the paragraphs. Interpolated explanatory matter is

in the same type as this paragraph, and is placed within marks of

parenthesis.

We the People[159] of the United States, in Order to form a more

perfect Union, establish Justice, insure domestic Tranquillity, provide

for the common defence, promote the general Welfare,[160] and secure

the Blessings of Liberty to ourselves and our Posterity, do ordain and

establish this CONSTITUTION for the United States of America.

ARTICLE I

SECTION 1. All legislative Powers herein granted shall be vested in

a Congress of the United States, which shall consist of a Senate and

House of Representatives.

SECTION 2. The House of Representatives shall be composed of Members

chosen every second Year by the People of the several States, and the

Electors in each State shall have the Qualifications requisite for

electors of the most numerous Branch of the State Legislature.[161]

No Person shall be a Representative who shall not have attained to the

Age of twenty five-Years, and been seven Years a Citizen of the United

States, and who shall not, when elected, be an Inhabitant of that State

in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several

States which may be included within this Union, according to their

respective numbers [which shall be determined by adding to the whole

Number of free Persons, including those bound to Service for a Term of

Years], and excluding Indians not taxed, [three fifths of all other

Persons].[162] The actual Enumeration shall be made within three Years

after the first Meeting of the Congress of the United States, and

within every subsequent Term of ten Years, in such Manner as they shall

by Law direct.[163] The number of Representatives shall not exceed one

for every thirty Thousand,[164] but each State shall have at Least one

Representative; [and until such enumeration shall be made, the State of

New Hampshire shall be entitled to chuse three, Massachusetts eight,

Rhode-Island and Providence Plantations one, Connecticut five, New-York

six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,

Virginia ten, North Carolina five, South Carolina five, and Georgia

three].

When vacancies happen in the Representation from any State, the

Executive Authority thereof shall issue Writs of Election to fill such

Vacancies.

The House of Representatives shall chuse their Speaker and other

Officers; and shall have the sole Power of Impeachment.

SECTION 3. The Senate of the United States shall be composed of two

Senators from each State, chosen [by the Legislature thereof],[165] for

six Years; and each Senator shall have one Vote.

[Immediately after they shall be assembled in Consequence of the

first Election, they shall be divided as equally as may be into three

Classes. The Seats of the Senators of the first Class shall be vacated

at the Expiration of the second Year, of the second Class at the

Expiration of the fourth Year, and of the third Class at the Expiration

of the sixth Year], so that one third may be chosen every second

Year;[166] and if Vacancies happen by Resignation, or otherwise, during

the Recess of the Legislature of any State, the Executive thereof may

make temporary Appointments until the next Meeting of the Legislature,

which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of

thirty Years, and been nine Years a Citizen of the United States, and

who shall not, when elected, be an Inhabitant of that State for which

he shall be chosen.

The Vice President of the United States shall be President of the

Senate, but shall have no Vote, unless they[167] be equally divided.

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