FRIDAY JUNE 15^{TH} 1787

M^r Patterson, laid before the Convention the plan which he said several

of the deputations wished to be substituted in place of that proposed by

M^r 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 request

of M^r Lansing[84] & some other gentlemen, it was also agreed that the

Convention should not go into Co[~m]ittee of the whole on the subject

till tomorrow, by which delay the friends of the plan proposed by M^r

Patterson w^d be better prepared to explain & support it, and all would

have an opportu^y of taking copies.[85]

[84] "Mr. Lansing is a practising Attorney at Albany, and Mayor

of that Corporation. He has a hisitation 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."--Pierce's Notes, _Am. Hist. Rev._, iii., 327.

[85] (This plan had been concerted among the deputations or

members thereof, from Con^t N. Y. N. J. Del. and perhaps M^r

Martin from Mary^d who made with them a common cause though

on different principles. Con^t & N. Y. were ag^{st} a

departure from the principle of the Confederation, wishing

rather to add a few new powers to Cong^s than to substitute,

a National Gov^t. The States of N. J. & Del. were opposed to

a National Gov^t because its patrons considered a

proportional representation of the States as the basis of

it. The eagerness displayed by the members opposed to a

Nat^l Gov^t from these different motives began now to

produce serious anxiety for the result of the Convention.

M^r Dickenson said to M^r Madison You see the consequence of

pushing things too far. Some of the members from the small

States wish for two branches in the General Legislature, and

are friends to a good National Government; but we would

sooner submit to foreign power, than submit to be deprived

of an equality of suffrage in both branches of the

legislature, and thereby be thrown under the domination of

the large States.)--Madison Note.

"Mr. Madison moved for the report of the committee, and the

question may then come on whether the convention will

postpone it in order to take into consideration the system

now offered.

"Mr. Lansing is of opinion that the two systems are fairly

contrasted. The one now offered is on the basis of amending

the federal government, and the other to be reported as a

national government, on propositions which exclude the

propriety of amendment. Considering therefore its

importance, and that justice may be done to its weighty

consideration, he is for postponing it a day.

"Col. Hamilton cannot say he is in sentiment with either

plan--supposes both might again be considered as federal

plans, and by this means they will be fairly in committee,

and be contrasted so as to make a comparative estimate of

the two."--Yates, _Secret Proceedings_, etc., 121, 122.

The propositions from N. Jersey moved by M^r Patterson were in the words

following.

1. Res^d that the articles of Confederation ought to be so

revised, corrected, & enlarged, as to render the federal

Constitution adequate to the exigencies of Government, & the

preservation of the Union.

2. Res^d 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 or 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 &

expedient; to make rules & regulations for the collection

thereof; and the same from time to time, to alter & amend in

such manner as they shall think proper, to pass Acts for the

regulation of trade & commerce as well with foreign Nations as

with each other: provided that all punishments, fines,

forfeitures & 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 & meaning of such Acts rules & regulations shall

have been committed or perpetrated, with liberty of commencing

in the first instance all suits & prosecutions for that purpose

in the Superior Common law Judiciary in such State, subject

nevertheless, for the correction of all errors, both in law &

fact in rendering Judgment, to an appeal to the Judiciary of the

U. States.

3. Res^d that whenever requisitions shall be necessary, instead

of the rule for making requisitions mentioned in the articles of

Confederation, the United States in Cong^s be authorized to make

such requisitions in proportion to the whole number of white &

other free citizens & inhabitants of every age Sex and condition

including those bound to servitude for a term of years & 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 & for that purpose to devise and pass acts directing &

authorizing the same; provided that none of the powers hereby

vested in the U. States in Cong^s 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. Res^d that the U. States in Cong^s 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 nor 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, & removeable by Cong^s 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, & 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 any other capacity.

5. Res^d that a federal Judiciary be established to consist of a

supreme Tribunal the Judges of which to be appointed by the

Executive, & to hold their offices during good behaviour, to

receive punctually at stated times a fixed compensation for

their services in which no increase nor 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 & determine in the

first instance on all impeachments of federal Officers, & 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 & 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

the 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 term of service, or for ----

thereafter.

6. Res^d that all Acts of the U. States in Cong^s made by virtue

& in pursuance of the powers hereby & by the Articles of

Confederation vested in them, and all Treaties made & 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 y^e

carrying into execution such acts or treaties, the federal

Executive shall be authorized to call forth y^e 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. Res^d that provision be made for the admission of new States

into the Union.

8. Res^d that the rule for naturalization ought to be same in

every State.

9. Res^d that a Citizen of one State committing an offence in

another State of the Union, shall be deemed guilty of the same

offence as if it had been committed by a Citizen of the State in

which the offence was committed.[86]

[86] This copy of M^r Patterson's propositions varies in

a few clauses from that in the printed Journal

furnished from the papers of M^r Brearley a

colleague of M^r Patterson. A confidence is felt,

notwithstanding, in its accuracy. That the copy in

the Journal is not entirely correct is shewn by the

ensuing speech of M^r Wilson (June 16) in which he

refers to the mode of removing the Executive by

impeachment & conviction as a feature in the Virg^a

plan forming one of its contrasts to that of M^r

Patterson, which proposed a removal on the

application of a majority of the Executives of the

States. In the copy printed in the Journal, the two

modes are combined in the same clause; whether

through inadvertence, or as a contemplated

amendment, does not appear.--Madison's Note.

The Journal contains: "6. Resolved, that the

legislative, executive, and judiciary powers within

the several states, ought to be bound, by oath, to

support the articles of union," and "9. Resolved,

that provision ought to be made for hearing and

deciding upon all disputes arising between the

United States and an individual state, respecting

territory."--_Journal of the Federal Convention_,

126.

Adjourned.

SATURDAY JUNE 16. IN COMMITTEE OF THE WHOLE

on Resolutions propos^d by M^r P. & M^r R.

M^r Lansing called for the reading of the 1^{st} resolution of each

plan, which he considered as involving principles directly in contrast;

that of M^r Patterson says he sustains the sovereignty of the respective

States, that of M^r Randolph destroys it: the latter requires a negative

on all the laws of the particular States; the former, only certain

general powers for the general good. The plan of M^r R. in short absorbs

all power except what may be exercised in the little local matters of

the States which are not objects worthy of the supreme cognizance. He

grounded his preference of M^r P's plan, chiefly on two objections

ag^{st} that of M^r R. 1. want of power in the Convention to discuss &

propose it. 2. the improbability of its being adopted, 1. He was

decidedly of opinion that the power of the Convention was restrained

to amendments of a federal nature, and having for their basis the

Confederacy in being. The Act of Congress The tenor of the Acts of the

States, the Co[~m]issions produced by the several deputations all

proved this. And this limitation of the power to an amendment of the

Confederacy, marked the opinion of the States, that it was unnecessary &

improper to go farther. He was sure that this was the case with his

State. N. York would never have concurred in sending deputies to the

Convention, if she had supposed the deliberations were to turn on a

consolidation of the States, and a National Government.

2. was it probable that the States would adopt & ratify a scheme, which

they had never authorized us to propose? and which so far exceeded what

they regarded as sufficient? We see by their several Acts particularly

in relation to the plan of revenue proposed by Cong. in 1783, not

authorized by the Articles of Confederation, what were the ideas they

then entertained. Can so great a change be supposed to have already

taken place. To rely on any change which is hereafter to take place in

the sentiments of the people would be trusting to too great an

uncertainty. We know only what their present sentiments are. And it is

in vain to propose what will not accord with these. The States will

never feel a sufficient confidence in a general Government to give it a

negative on their laws. The Scheme is itself totally novel. There is no

parallel to it to be found. The Authority of Congress is familiar to the

people, and an augmentation of the powers of Congress will be readily

approved by them.

M^r Patterson, said as he had on a former occasion given his sentiments

on the plan proposed by M^r R. he would now avoiding repetition as much

as possible give his reasons in favor of that proposed by himself. He

preferred it because it accorded 1. with the powers of the Convention, 2

with the sentiments of the people. If the confederacy was radically

wrong, let us return to our States, and obtain larger powers, not assume

them ourselves. I came here not to speak my own sentiments, but the

sentiments of those who sent me. Our object is not such a Governm^t as

may be best in itself, but such a one as our Constituents have

authorized us to prepare, and as they will approve. If we argue the

matter on the supposition that no Confederacy at present exists, it can

not be denied that all the States stand on the footing of equal

sovereignty. All therefore must concur before any can be bound. If a

proportional representation be right, why do we not vote so here? If we

argue on the fact that a federal compact actually exists, and consult

the articles of it we still find an equal Sovereignty to be the basis of

it. He reads the 5^{th} art: of Confederation giving each State a

vote--& the 13^{th} declaring that no alteration shall be made without

unanimous consent. This is the nature of all treaties. What is

unanimously done, must be unanimously undone. It was observed (by M^r

Wilson) that the larger State gave up the point, not because it was

right, but because the circumstances of the moment urged the concession.

Be it so. Are they for that reason at liberty to take it back. Can the

donor resume his gift without the consent of the donee. This doctrine

may be convenient, but it is a doctrine that will sacrifice the lesser

States. The larger States acceded readily to the confederacy. It was the

small ones that came in reluctantly and slowly. N. Jersey & Maryland

were the two last, the former objecting to the want of power in Congress

over trade: both of them to the want of power to appropriate the vacant

territory to the benefit of the whole.--If the sovereignty of the States

is to be maintained, the Representatives must be drawn immediately from

the States, not from the people: and we have no power to vary the idea

of equal sovereignty. The only expedient that will cure the difficulty,

is that of throwing the States into Hotchpot. To say that this is

impracticable, will not make it so. Let it be tried, and we shall see

whether the Citizens of Mass^{ts} Pen^a & V^a accede to it. It will be

objected that Coercion will be impracticable. But will it be more so in

one plan than the other? Its efficacy will depend on the quantum of

power collected, not on its being drawn from the States, or from the

individuals; and according to his plan it may be exerted on individuals

as well as according that of M^r R. A distinct executive & Judiciary

also were equally provided by his plan. It is urged that two branches in

the Legislature are necessary. Why? for the purpose of a check. But the

reason of the precaution is not applicable to this case. Within a

particular State, where party heats prevail, such a check may be

necessary. In such a body as Congress it is less necessary, and besides,

the delegations of the different States are checks on each other. Do the

people at large complain of Cong^s? No, what they wish is that Cong^s

may have more power. If the power now proposed be not eno', the people

hereafter will make additions to it. With proper powers Cong^s will act

with more energy & wisdom than the proposed Nat^l Legislature; being

fewer in number, and more secreted & refined by the mode of election.

The plan of M^r R. will also be enormously expensive. Allowing Georgia &

Del. two representatives each in the popular branch the aggregate number

of that branch will be 180. Add to it half as many for the other branch

and you have 270, coming once at least a year from the most distant as

well as the most central parts of the republic. In the present deranged

State of our finances can so expensive a System be seriously thought of?

By enlarging the powers of Cong^s the greatest part of this expence will

be saved, and all purposes will be answered. At least a trial ought to

be made.

M^r Wilson entered into a contrast of the principal points of the two

plans so far he said as there had been time to examine the one last

proposed. These points were 1. in the Virg^a plan there are 2 & in some

degree 3 branches in the Legislature: in the plan from N. J. there is to

be a _single_ legislature only--2. Representation of the people at large

is the basis of one: the State Legislatures, the pillars of the

other--3. proportional representation prevails in one;--equality of

suffrage in the other--4. A single Executive Magistrate is at the head

of the one:--a plurality is held out in the other.--5. in the one the

majority of the people of the U. S. must prevail:--in the other a

minority may prevail. 6. the Nat^l Legislature is to make laws in all

cases to which the separate States are incompetent &:--in place of

this Cong^s are to have additional power in a few cases only--7. A

negative on the laws of the States:--in place of this coertion to be

substituted--8. The Executive to be removable on impeachment &

conviction;--in one plan: in the other to be removable at the instance

of a majority of the Executives of the States--9. Revision of the laws

provided for in one:--no such check in the other--10. inferior national

tribunals in one:--none such in the other. 11. In one y^e jurisdiction

of Nat^l tribunals to extend &c.--; an appellate jurisdiction only

allowed in the other. 12. Here the jurisdiction is to extend to all

cases affecting the Nation^l peace & harmony; _there_ a few cases only

are marked out. 13. finally y^e ratification is in this to be by the

people themselves:--in that by the legislative authorities according to

the 13 art: of the Confederation.

With regard to the _power of the Convention_, he conceived himself

authorized to _conclude nothing_, but to be at liberty to _propose any

thing_. In this particular he felt himself perfectly indifferent to the

two plans.

With _regard to the sentiments of the people_, he conceived it difficult

to know precisely what they are. Those of the particular circle in which

one moved, were commonly mistaken for the general voice. He could not

persuade himself that the State Gov^{ts} & Sovereignties were so much

the idols of the people, nor a Nat^l Gov^t so obnoxious to them, as some

supposed. Why s^d a Nat^l Gov^t be unpopular? Has it less dignity? will

each Citizen enjoy under it less liberty or protection? Will a Citizen

of _Deleware_ be degraded by becoming a Citizen of the _United States_?

Where do the people look at present for relief from the evils of which

they complain? Is it from an internal reform of their Gov^{ts}? no, Sir.

It is from the Nat^l Councils that relief is expected. For these reasons

he did not fear, that the people would not follow us into a National

Gov^t and it will be a further recommendation of M^r R'^s plan that it

is to be submitted to _them_, and not to the _Legislatures_, for

ratification.

Proceeding now to the 1^{st} point on which he had contrasted the two

plans, he observed that anxious as he was for some augmentation of the

federal powers, it would be with extreme reluctance indeed that he could

ever consent to give powers to Cong^s he had two reasons either of

w^{ch} was sufficient, 1. Cong^s as a Legislative body does not stand on

the people. 2. it is a _single_ body. 1. He would not repeat the remarks

he had formerly made on the principles of Representation, he would only

say that an inequality in it, has ever been a poison contaminating every

branch of Gov^t. In G. Britain where this poison has had a full

operation, the security of private rights is owing entirely to the

purity of her tribunals of Justice, the Judges of which are neither

appointed nor paid, by a venal Parliament. The political liberty of that

Nation, owing to the inequality of representation is at the mercy of its

rulers. He means not to insinuate that there is any parallel between the

situation of that Country & ours at present. But it is a lesson we ought

not to disregard, that the smallest bodies in G. B. are notoriously the

most corrupt. Every other source of influence must also be stronger in

small than large bodies of men. When Lord Chesterfield had told us that

one of the Dutch provinces had been seduced into the views of France, he

need not have added, that it was not Holland, but one of the _smallest_

of them. There are facts among ourselves which are known to all. Passing

over others, he will only remark that the _Impost_, so anxiously wished

for by the public was defeated not by any of the _larger_ States in the

Union. 2. _Congress is a single Legislature._ Despotism comes on Mankind

in different Shapes, sometimes in an Executive, sometimes in a Military,

one. Is there no danger of a Legislative despotism? Theory & practice

both proclaim it. If the Legislative authority be not restrained, there

can be neither liberty nor stability; and it can only be restrained by

dividing it within itself, into distinct and independent branches. In a

single House there is no check, but the inadequate one, of the virtue &

good sense of those who compose it.

On another great point, the contrast was equally favorable to the plan

reported by the Committee of the whole. It vested the Executive powers

in a single Magistrate. The plan of N. Jersey, vested them in a

plurality. In order to controul the Legislative authority, you must

divide it. In order to controul the Executive you must unite it. One man

will be more responsible than three. Three will contend among themselves

till one becomes the master of his colleagues. In the triumvirates of

Rome first Cæsar, then Augustus, are witnesses of this truth. The Kings

of Sparta, & the Consuls of Rome prove also the factious consequences of

dividing the Executive Magistracy. Having already taken up so much time

he w^d not he s^d, proceed to any of the other points. Those on which he

had dwelt, are sufficient of themselves; and on the decision of them,

the fate of the others will depend.

M^r Pinkney,[87] the whole comes to this, as he conceived. Give N.

Jersey an equal vote, and she will dismiss her scruples, and concur in

the Nat^l system. He thought the Convention authorized to go any length

in recommending; which they found necessary to remedy the evils which

produced this Convention.

[87] Yates states it was C. C. Pinckney who said this.--_Secret

Proceedings_, etc., 123.

M^r Elseworth proposed as a more distinctive form of collecting the mind

of the Committee on the subject, "that the Legislative power of the

U.S. should remain in Cong^s" This was not seconded, though it seemed

better calculated for the purpose than the 1^{st} proposition of M^r

Patterson in place of which Mr. E. wished to substitute it.

M^r Randolph, was not scrupulous on the point of power. When the

Salvation of the Republic was at stake, it would be treason to our

trust, not to propose what we found necessary. He painted in strong

colours, the imbecility of the existing Confederacy, & the danger of

delaying a substantial reform. In answer to the objection drawn from the

sense of our Constituents as denoted by their acts relating to the

Convention and the objects of their deliberation, he observed that as

each State acted separately in the case, it would have been indecent for

it to have charged the existing Constitution with all the vices which it

might have perceived in it. The first State that set on foot this

experiment would not have been justified in going so far, ignorant as it

was of the opinion of others, and sensible as it must have been of the

uncertainty of a successful issue to the experiment. There are certainly

reasons of a peculiar nature where the ordinary cautions must be

dispensed with; and this is certainly one of them. He w^d not as far as

depended on him leave any thing that seemed necessary, undone. The

present moment is favorable, and is probably the last that will offer.

The true question is whether we shall adhere to the federal plan, or

introduce the national plan. The insufficiency of the former has been

fully displayed by the trial already made. There are but two modes, by

which the end of a Gen^l Gov^t can be attained: the 1^{st} is by

coercion as proposed by M^r P's plan 2. by real legislation as prop^d

by the other plan. Coercion he pronounced to be _impracticable_,

_expensive_, _cruel to individuals_. It tended also to habituate the

instruments of it to shed the blood & riot in the Spoils of their fellow

Citizens, and consequently trained them up for the service of Ambition.

We must resort therefore to a National _Legislation over individuals_,

for which Cong^s are unfit. To vest such power in them, would be

blending the Legislative with the Executive, contrary to the rec^d maxim

on this subject: If the Union of these powers heretofore in Cong^s has

been safe, it has been owing to the general impotency of that body.

Cong^s are moreover not elected by the people, but by the Legislatures

who retain even a power of recall. They have therefore no will of their

own, they are a mere diplomatic body, and are always obsequious to the

views of the States, who are always encroaching on the authority of the

U. States. A provision for harmony among the States, as in trade,

naturalization &.--for crushing rebellion whenever it may rear its

crest--and for certain other general benefits, must be made. The powers

for these purposes can never be given to a body, inadequate as Congress

are in point of representation, elected in the mode in which they are,

and possessing no more confidence than they do: for notwithstanding what

has been said to the contrary, his own experience satisfied him that a

rooted distrust of Congress pretty generally prevailed. A Nat^l Gov^t

alone, properly constituted, will answer the purpose; and he begged it

to be considered that the present is the last moment for establing one.

After this select experiment, the people will yield to despair.

The Committee rose & the House adjourned.

MONDAY JUNE 18. IN COMMITTEE OF THE WHOLE

on the propositions of M^r Patterson & M^r Randolph.

On motion of M^r Dickinson to postpone the 1^{st} Resolution in M^r

Patterson's plan, in order to take up the following viz--"that the

Articles of Confederation ought to be revised and amended, so as to

render the Government of the U. S. adequate to the exigencies, the

preservation and the prosperity of the Union" the postponement was

agreed to by 10 States, Pen: divided.

Mr. Hamilton,[88] had been hitherto silent on the business before the

Convention, partly from respect to others whose superior abilities age &

experience rendered him unwilling to bring forward ideas dissimilar to

theirs, and partly from his delicate situation with respect to his own

State, to whose sentiments as expressed by his Colleages, he could by no

means accede. This crisis however which now marked our affairs, was too

serious to permit any scruples whatever to prevail over the duty imposed

on every man to contribute his efforts for the public safety &

happiness. He was obliged therefore to declare himself unfriendly to

both plans. He was particularly opposed to that from N. Jersey, being

fully convinced, that no amendment of the Confederation, leaving the

States in possession of their Sovereignty could possibly answer the

purpose. On the other hand he confessed he was much discouraged by the

amazing extent of Country in expecting the desired blessings from any

general sovereignty that could be substituted.--As to the powers of the

Convention, he thought the doubts started on that subject had arisen

from distinctions & reasonings too subtle. A _federal_ Gov^t he

conceived to mean an association of independent Communities into one.

Different Confederacies have different powers, and exercise them in

different ways. In some instances the powers are exercised over

collective bodies; in others over individuals, as in the German Diet--&

among ourselves in cases of piracy. Great latitude therefore must be

given to the signification of the term. The plan last proposed departs

itself from the _federal_ idea, as understood by some, since it is to

operate eventually on individuals. He agreed moreover with the Honble

gentleman from V^a (M^r R.) that we owed it to our Country, to do on

this emergency whatever we should deem essential to its happiness. The

States sent us here to provide for the exigencies of the Union. To rely

on & propose any plan not adequate to these exigencies, merely because

it was not clearly within our powers, would be to sacrifice the means

to the end. It may be said that the _States_ cannot _ratify_ a plan

not within the purview of the article of the Confederation providing

for alterations & amendments. But may not the States themselves in

which no constitutional authority equal to this purpose exists in the

Legislatures, have had in view a reference to the people at large. In

the Senate of N. York, a proviso was moved, that no act of the

Convention should be binding untill it should be referred to the

people & ratified; and the motion was lost by a single voice only, the

reason assigned ag^{st} it being, that it might possibly be found an

inconvenient shackle.

[88] Hamilton happened to call upon Madison while the latter was

putting the last touches to this speech and "acknowledged

its fidelity, without suggesting more than a few verbal

alterations which were made."--(Cf. _Madison's Writings_,

vol. ii.). A brief of the speech from the Hamilton Papers is

given in Lodge's _Works of Hamilton_, i., 353, where (i.,

375) Yates's report also is quoted.

[Illustration: HAMILTON'S PRINCIPAL SPEECH.

(Reduced.)]

The great question is what provision shall we make for the happiness of

our Country? He would first make a comparative examination of the two

plans--prove that there were essential defects in both--and point out

such changes as might render a _national one_, efficacious.--The great &

essential principles necessary for the support of Government are 1. an

active & constant interest in supporting it. This principle does not

exist in the States in favor of the federal Gov^t. They have evidently

in a high degree, the esprit de corps. They constantly pursue internal

interests adverse to those of the whole. They have their particular

debts--their particular plans of finance &c. All these when opposed to,

invariably prevail over the requisitions & plans of Congress. 2. The

love of power. Men love power. The same remarks are applicable to this

principle. The States have constantly shewn a disposition rather to

regain the powers delegated by them than to part with more, or to give

effect to what they had parted with. The ambition of their demagogues is

known to hate the controul of the Gen^l Government. It may be remarked

too that the Citizens have not that anxiety to prevent a dissolution of

the Gen^l Gov^t as of the particular Gov^{ts}. A dissolution of the

latter would be fatal; of the former would still leave the purposes of

Gov^t attainable to a considerable degree. Consider what such a State as

Virg^a will be in a few years, a few compared with the life of nations.

How strongly will it feel its importance and self-sufficiency? 3. An

habitual attachment of the people. The whole force of this tie is on

the side of the State Gov^t. Its sovereignty is immediately before

the eyes of the people: its protection is immediately enjoyed by

them. From its hand distributive justice, and all those acts which

familiarize & endear a Gov^t to a people, are dispensed to them. 4.

_Force_ by which may be understood a _coercion of laws_ or _coercion of

arms_. Cong^s have not the former except in few cases. In particular

States, this Coercion is nearly sufficient; tho' he held it in most

cases, not entirely so. A certain portion of military force is

absolutely necessary in large communities. Mass^{ts} is now feeling this

necessity & making provision for it. But how can this force be exerted

on the States collectively. It is impossible. It amounts to a war

between the parties. Foreign powers also will not be idle spectators.

They will interpose, the confusion will increase, and a dissolution of

the Union will ensue. 5. _Influence._ he did not mean corruption, but a

dispensation of those regular honors & emoluments, which produce an

attachment to the Gov^t. Almost all the weight of these is on the side

of the States; and must continue so as long as the States continue to

exist. All the passions then we see, of avarice, ambition, interest,

which govern most individuals, and all public bodies, fall into the

current of the States, and do not flow into the stream of the Gen^l

Gov^t. The former therefore will generally be an overmatch for the Gen^l

Gov^t and render any confederacy, in its very nature precarious. Theory

is in this case fully confirmed by experience. The Amphyctionic Council

had it would seem ample powers for general purposes. It had in

particular the power of fining and using force ag^{st} delinquent

members. What was the consequence. Their decrees were mere signals of

war. The Phocian war is a striking example of it. Philip at length

taking advantage of their disunion, and insinuating himself into their

councils, made himself master of their fortunes. The German Confederacy

affords another lesson. The Authority of Charlemagne seemed to be as

great as could be necessary. The great feudal chiefs however, exercising

their local sovereignties, soon felt the spirit & found the means of,

encroachments, which reduced the imperial authority to a nominal

sovereignty. The Diet has succeeded, which tho' aided by a Prince at its

head, of great authority independently of his imperial attributes, is a

striking illustration of the weakness of Confederated Governments. Other

examples instruct us in the same truth. The Swiss cantons have scarce

any union at all, and have been more than once at war with one

another.--How then are all these evils to be avoided? only by such a

compleat sovereignty in the General Goverm^t as will turn all the strong

principles & passions abovementioned on its side. Does the scheme of N.

Jersey produce this effect? does it afford any substantial remedy

whatever? On the contrary it labors under great defects, and the defect

of some of its provisions will destroy the efficacy of others. It gives

a direct revenue to Cong^s but this will not be sufficient. The balance

can only be supplied by requisitions: which experience proves cannot be

relied on. If States are to deliberate on the mode, they will also

deliberate on the object of the supplies, and will grant or not grant as

they approve or disapprove of it. The delinquency of one will invite and

countenance it in others. Quotas too must in the nature of things be so

unequal as to produce the same evil. To what standard will you resort?

Land is a fallacious one. Compare Holland with Russia; France or Eng^d

with other countries of Europe, Pen^a with N. Carol^a will the relative

pecuniary abilities in those instances, correspond with the relative

value of land. Take numbers of inhabitants for the rule and make like

comparison of different countries, and you will find it to be equally

unjust. The different degrees of industry and improvement in different

Countries render the first object a precarious measure of wealth. Much

depends too on _situation_. Con^t N. Jersey & N. Carolina, not being

commercial States & contributing to the wealth of the Commercial ones,

can never bear quotas assessed by the ordinary rules of proportion. They

will & must fail in their duty, their example will be followed, and the

union itself be dissolved. Whence then is the national revenue to be

drawn? from Commerce; even from exports which notwithstanding the

co[~m]on opinion are fit objects of moderate taxation, from excise, &c

&c. These tho' not equal, are less unequal than quotas. Another

destructive ingredient in the plan, is that equality of suffrage which

is so much desired by the small States. It is not in human nature that

V^a & the large States should consent to it, or if they did that they

sh^d long abide by it. It shocks too much all ideas of Justice, and

every human feeling. Bad principles in a Gov^t tho slow are sure in

their operation, and will gradually destroy it. A doubt has been raised

whether Cong^s at present have a right to keep Ships or troops in time

of peace. He leans to the negative. Mr. P'^s plan provides no

remedy.--If the powers proposed were adequate, the organization of

Cong^s is such that they could never be properly & effectually

exercised. The members of Cong^s being chosen by the States & subject to

recall, represent all the local prejudices. Should the powers be found

effectual, they will from time to time be heaped on them, till a

tyrannic sway shall be established. The general power whatever be its

form if it preserves itself, must swallow up the State powers. Otherwise

it will be swallowed up by them. It is ag^{st} all the principles of a

good Government to vest the requisite powers in such a body as Cong^s.

Two Sovereignties can not co-exist within the same limits. Giving powers

to Cong^s must eventuate in a bad Gov^t or in no Gov^t. The plan of N.

Jersey therefore will not do. What then is to be done? Here he was

embarrassed. The extent of the Country to be governed, discouraged him.

The expence of a general Gov^t was also formidable; unless there were

such a diminution of expence on the side of the State Gov^{ts} as the

case would admit. If they were extinguished, he was persuaded that great

oeconomy might be obtained by substituting a general Gov^t. He did not

mean however to shock the public opinion by proposing such a measure. On

the other hand he saw no _other_ necessity for declining it. They are

not necessary for any of the great purposes of commerce, revenue, or

agriculture. Subordinate authorities he was aware would be necessary.

There must be district tribunals; corporations for local purposes. But

cui bono, the vast & expensive apparatus now appertaining to the States.

The only difficulty of a serious nature which occurred to him, was that

of drawing representatives from the extremes to the centre of the

Community. What inducements can be offered that will suffice? The

moderate wages for the 1^{st} branch would only be a bait to little

demagogues. Three dollars or thereabouts he supposed would be the

utmost. The Senate he feared from a similar cause, would be filled by

certain undertakers who wish for particular offices under the Gov^t.

This view of the subject almost led him to despair that a Republican

Gov^t could be established over so great an extent. He was sensible at

the same time that it would be unwise to propose one of any other form.

In his private opinion he had no scruple in declaring, supported as he

was by the opinion of so many of the wise & good, that the British Gov^t

was the best in the world: and that he doubted much whether any thing

short of it would do in America. He hoped Gentlemen of different

opinions would bear with him in this, and begged them to recollect the

change of opinion on this subject which had taken place and was still

going on. It was once thought that the power of Cong^s was amply

sufficient to secure the end of their institution. The error was now

seen by every one. The members most tenacious of republicanism, he

observed, were as loud as any in declaiming ag^{st} the vices of

democracy. This progress of the public mind led him to anticipate the

time, when others as well as himself would join in the praise bestowed

by M^r Neckar on the British Constitution, namely, that it is the only

Gov^t in the world "which unites public strength with individual

security."--In every Co[~m]unity where industry is encouraged, there

will be a division of it into the few & the many. Hence separate

interests will arise. There will be debtors & Creditors &c. Give all

power to the many, they will oppress the few. Give all power to the few,

they will oppress the many. Both therefore ought to have the power, that

each may defend itself ag^{st} the other. To the want of this check we

owe our paper money, instalment laws &c. To the proper adjustment of it

the British owe the excellence of their Constitution. Their house of

Lords is a most noble institution. Having nothing to hope for by a

change, and a sufficient interest by means of their property, in being

faithful to the national interest, they form a permanent barrier ag^{st}

every pernicious innovation, whether attempted on the part of the Crown

or of the Commons. No temporary Senate will have firmness eno' to answer

the purpose. The Senate (of Maryland) which seems to be so much appealed

to, has not yet been sufficiently tried. Had the people been unanimous &

eager in the late appeal to them on the subject of a paper emission they

would have yielded to the torrent. Their acquiescing in such an appeal

is a proof of it.--Gentlemen differ in their opinions concerning the

necessary checks, from the different estimates they form of the human

passions. They suppose seven years a sufficient period to give the

senate an adequate firmness, from not duly considering the amazing

violence & turbulence of the democratic spirit. When a great object of

Gov^t is pursued, which seizes the popular passions, they spread like

wild fire, and become irresistable. He appealed to the gentlemen from

the N. England States whether experience had not there verified the

remark.--As to the Executive, it seemed to be admitted that no good one

could be established on Republican Principles. Was not this giving up

the merits of the question; for can there be a good Gov^t without a good

Executive. The English Model was the only good one on this subject. The

Hereditary interest of the King was so interwoven with that of the

Nation, and his personal emoluments so great, that he was placed above

the danger of being corrupted from abroad--and at the same time was both

sufficiently independent and sufficiently controuled, to answer the

purpose of the institution at home, one of the weak sides of Republics

was their being liable to foreign influence & corruption. Men of little

character, acquiring great power become easily the tools of

intermeddling Neibours. Sweden was a striking instance. The French &

English had each their parties during the late Revolution which was

effected by the predominant influence of the former.--What is the

inference from all these observations? That we ought to go as far in

order to attain stability and permanency, as republican principles will

admit. Let one branch of the Legislature hold their places for life or

at least during good behaviour. Let the Executive also be for life. He

appealed to the feelings of the members present whether a term of seven

years, would induce the sacrifices of private affairs which an

acceptance of public trust would require, so as to ensure the services

of the best Citizens. On this plan we should have in the Senate a

permanent will, a weighty interest, which would answer essential

purposes. But is this a Republican Gov^t, it will be asked? Yes if all

the Magistrates are appointed, and vacancies are filled, by the people,

or a process of election originating with the people. He was sensible

that an Executive constituted as he proposed would have in fact but

little of the power and independence that might be necessary. On the

other plan of appointing him for 7 years, he thought the Executive ought

to have but little power. He would be ambitious, with the means of

making creatures, and as the object of his ambition w^d be to _prolong_

his power, it is probable that in case of a war, he would avail himself

of the emergence, to evade or refuse a degradation from his place. An

Executive for life has not this motive for forgetting his fidelity, and

will therefore be a safer depository of power. It will be objected

probably, that such an Executive will be an _elective Monarch_, and will

give birth to the tumults which characterize that form of Gov^t. He w^d

reply that _Monarch_ is an indefinite term. It marks not either the

degree or duration of power. If this Executive Magistrate w^d be a

monarch for life--the other prop^d by the Report from the Co[~m]ittee of

the whole, w^d be a monarch for seven years. The circumstance of being

elective was also applicable to both. It had been observed by judicious

writers that elective monarchies w^d be the best if they could be

guarded ag^{st} the _tumults_ excited by the ambition and intrigues of

competitors. He was not sure that tumults were an inseparable evil. He

rather thought this character of Elective Monarchies had been taken

rather from particular cases than from general principles. The election

of Roman Emperors was made by the _Army_. In _Poland_ the election is

made by great rival _princes_ with independent power, and ample means,

of raising commotions. In the German Empire, The appointment is made by

the Electors & Princes, who have equal motives & means, for exciting

cabals & parties. Might not such a mode of election be devised among

ourselves as will defend the community ag^{st} these effects in any

dangerous degree? Having made these observations he would read to the

Committee a sketch of a plan which he sh^d prefer to either of those

under consideration. He was aware that it went beyond the ideas of most

members. But will such a plan be adopted out of doors? In return he

would ask will the people adopt the other plan? At present they will

adopt neither. But he sees the Union dissolving or already dissolved--he

sees evils operating in the States which must soon cure the people of

their fondness for democracies--he sees that a great progress has been

already made & is still going on in the public mind. He thinks therefore

that the people will in time be unshackled from their prejudices; and

whenever that happens, they will themselves not be satisfied at stopping

where the plan of M^r R. w^d place them, but be ready to go as far at

least as he proposes. He did not mean to offer the paper he had sketched

as a proposition to the Committee. It was meant only to give a more

correct view of his ideas, and to suggest the amendments which he should

probably propose to the plan of M^r R. in the proper stages of its

future discussion. He read his sketch in the words following; to wit

I. The supreme Legislative power of the United States of America

to be vested in two different bodies of men; the one to be

called the Assembly, the other the Senate who together shall

form the Legislature of the United States with power to pass all

laws whatsoever subject to the Negative hereafter mentioned.

II. The Assembly to consist of persons elected by the people to

serve for three years.

III. The Senate to consist of persons elected to serve during

good behaviour; their election to be made by electors chosen for

that purpose by the people: in order to this the States to be

divided into election districts. On the death, removal or

resignation of any Senator his place to be filled out of the

district from which he came.

IV. The supreme Executive authority of the United States to be

vested in a Governour to be elected to serve during good

behaviour--the election to be made by Electors chosen by the

people in the Election Districts aforesaid--The authorities &

functions of the Executive to be as follows: to have a negative

on all laws about to be passed, and the execution of all laws

passed; to have the direction of war when authorized or begun;

to have with the advice and approbation of the Senate the power

of making all treaties; to have the sole appointment of the

heads or chief officers of the departments of Finance, War and

Foreign Affairs; to have the nomination of all other officers

(Ambassadors to foreign Nations included) subject to the

approbation or rejection of the Senate; to have the power of

pardoning all offences except Treason; which he shall not pardon

without the approbation of the Senate.

V. On the death resignation or removal of the Governour his

authorities to be exercised by the President of the Senate till

a Successor be appointed.

VI. The Senate to have the sole power of declaring war, the

power of advising and approving all Treaties, the power of

approving or rejecting all appointments of officers except the

heads or chiefs of the departments of Finance War and foreign

affairs.

VII. The supreme Judicial authority to be vested in ---- Judges

to hold their offices during good behaviour with adequate and

permanent salaries. This Court to have original jurisdiction in

all causes of capture, and an appellative jurisdiction in all

causes in which the revenues of the General Government or the

Citizens of foreign Nations are concerned.

VIII. The Legislature of the United States to have power to

institute Courts in each State for the determination of all

matters of general concern.

IX. The Governour Senators and all officers of the United States

to be liable to impeachment for mal- and corrupt conduct; and

upon conviction to be removed from office, & disqualified for

holding any place of trust or profit--All impeachments to be

tried by a Court to consist of the Chief ---- or Judge of the

Superior Court of Law of each State, provided such Judge shall

hold his place during good behavior, and have a permanent

salary.

X. All laws of the particular States contrary to the

Constitution or laws of the United States to be utterly void;

and the better to prevent such laws being passed, the Governour

or president of each State shall be appointed by the General

Government and shall have a Negative upon the laws about to be

passed in the State of which he is the Governour or President.

XI. No State to have any forces land or Naval; and the militia

of all the States to be under the sole and exclusive direction

of the United States, the officers of which to be appointed and

commissioned by them.

On these several articles he entered into explanatory observations

corresponding with the principles of his introductory reasoning.[89]

[89] COPY OF A PAPER COMMUNICATED TO J. M. BY COL. HAMILTON,

ABOUT THE CLOSE OF THE CONVENTION IN PHILAD^A, 1787, WHICH

HE SAID DELINEATED THE CONSTITUTION WHICH HE WOULD HAVE

WISHED TO BE PROPOSED BY THE CONVENTION. HE HAD STATED THE

PRINCIPLES OF IT IN THE COURSE OF THE DELIBERATIONS.

The people of the United States of America do ordain &

establish this Constitution for the government of themselves

and their posterity.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 49 / 114 题