ARTICLE X

This Constitution shall be submitted to the consideration of

Conventions in the several States, the members whereof shall

be chosen by the people of such States respectively under

the direction of their respective Legislatures. Each

Convention which shall ratify the same, shall appoint the

first representatives and Senators from such State according

to the rule prescribed in the ---- § of the ---- article.

The representatives so appointed shall continue in office

for one year only. Each Convention so ratifying shall give

notice thereof to the Congress of the United States,

transmitting at the same time a list of the Representatives

and Senators chosen. When the Constitution shall have been

duly ratified, Congress shall give notice of a day and place

for the meeting of the Senators and Representatives from the

several States; and when these or a majority of them shall

have assembled according to such notice, they shall by joint

ballot, by plurality of votes, elect a President of the

United States; and the Constitution thus organized shall be

carried into effect.--_Mad. MSS._

"Col: Hamilton did not propose in the Convention any plan of

a Constitution. He had sketched an outline which he read as

part of a speech; observing that he did not mean it as a

proposition, but only to give a more correct view of his

ideas.

"Mr. Patterson regularly proposed a plan which was discussed

& voted on."--Madison to John Quincy Adams, Montpellier,

Nov. 2, 1818, _Dept. of State MSS._, Miscellaneous Letters.

Committee rose & the House Adjourned.

TUESDAY JUNE 19^{TH} IN COMMITTEE OF WHOLE ON

THE PROPOSITIONS OF M^R PATTERSON,--[90]

[90] This was the last session of the Convention in Committee of the

Whole.

The substitute offered yesterday by M^r Dickenson being rejected by a

vote now taken on it; Con. N. Y. N. J. Del. ay. Mass. P^a V. N. C. S. C.

Geo. no. Mary^d divided M^r Patterson's plan was again at large before

the Committee.

M^r Madison. Much stress has been laid by some gentlemen on the want of

power in the Convention to propose any other than a _federal_ plan. To

what had been answered by others, he would only add, that neither of the

characteristics attached to a _federal_ plan would support this

objection. One characteristic, was that in a _federal_ Government, the

power was exercised not on the people individually; but on the people

_collectively_, on the _States_. Yet in some instances as in piracies,

captures &c. the existing Confederacy, and in many instances the

amendments to it proposed by M^r Patterson, must operate immediately on

individuals. The other characteristic was, that a _federal_ Gov^t

derived its appointments not immediately from the people, but from the

States which they respectively composed. Here too were facts on the

other side. In two of the States, Connect^t & Rh. Island, the delegates

to Cong^s were chosen, not by the Legislatures, but by the people at

large; and the plan of M^r P. intended no change in this particular.

It had been alledged (by M^r Patterson), that the Confederation having

been formed by unanimous consent, could be dissolved by unanimous

Consent only. Does this doctrine result from the nature of compacts?

does it arise from any particular stipulation in the articles of

Confederation? If we consider the federal Union as analagous to the

fundamental compact by which individuals compose one Society, and which

must in its theoretic origin at least, have been the unanimous act of

the component members, it cannot be said that no dissolution of the

compact can be effected without unanimous consent. A breach of the

fundamental principles of the compact by a part of the Society would

certainly absolve the other part from their obligations to it. If the

breach of _any_ article by _any_ of the parties, does not set the others

at liberty, it is because, the contrary is _implied_ in the compact

itself, and particularly by that law of it, which gives an indefinite

authority to the majority to bind the whole in all cases. This latter

circumstance shews that we are not to consider the federal Union as

analagous to the social compact of individuals: for if it were so, a

Majority would have a right to bind the rest, and even to form a new

Constitution for the whole, which the Gentl^n from N. Jersey would be

among the last to admit. If we consider the federal Union as analagous

not to the Social compacts among individual men: but to the conventions

among individual States, What is the doctrine resulting from these

conventions? Clearly, according to the Expositors of the law of Nations,

that a breach of any one article by any one party, leaves all the other

parties at liberty, to consider the whole convention as dissolved,

unless they choose rather to compel the delinquent party to repair the

breach. In some treaties indeed it is expressly stipulated that a

violation of particular articles shall not have this consequence, and

even that particular articles shall remain in force during war, which

in general is understood to dissolve all subsisting Treaties. But are

there any exceptions of this sort to the Articles of Confederation? So

far from it that there is not even an express stipulation that force

shall be used to compell an offending member of the Union to discharge

its duty. He observed that the violations of the federal articles had

been numerous & notorious. Among the most notorious was an act of N.

Jersey herself; by which she _expressly refused_ to comply with a

Constitutional requisition of Cong^s and yielded no farther to the

expostulations of their deputies, than barely to rescind her vote of

refusal without passing any positive act of compliance. He did not wish

to draw any rigid inferences from these observations. He thought it

proper however that the true nature of the existing confederacy should

be investigated, and he was not anxious to strengthen the foundations on

which it now stands.

Proceeding to the consideration of M^r Patterson's plan, he stated the

object of a proper plan to be twofold. 1. to preserve the Union. 2. to

provide a Governm^t that will remedy the evils felt by the States both

in their united and individual capacities. Examine M^r P'^s plan, & say

whether it promises satisfaction in these respects.

1. Will it prevent the violations of the law of nations & of Treaties

which if not prevented must involve us in the calamities of foreign

wars? The tendency of the States to these violations has been manifested

in sundry instances. The files of Cong^s contain complaints already,

from almost every Nation with which treaties have been formed. Hitherto

indulgence has been shewn to us. This cannot be the permanent

disposition of foreign nations. A rupture with other powers is among the

greatest of national calamities. It ought therefore to be effectually

provided that no part of a nation shall have it in its power to bring

them on the whole. The existing Confederacy does not sufficiently

provide against this evil. The proposed amendment to it does not supply

the omission. It leaves the will of the States as uncontrouled as ever.

2. Will it prevent encroachments on the federal authority? A tendency to

such encroachments has been sufficiently exemplified, among ourselves,

as well as in every other confederated republic antient and modern. By

the federal articles, transactions with the Indians appertain to Cong^s.

Yet in several instances, the States have entered into treaties & wars

with them. In like manner no two or more States can form among

themselves any treaties &c. without the consent of Cong^s. Yet Virg^a &

Mary^d in one instance--Pen^a & N. Jersey in another, have entered into

compacts, without previous application or subsequent apology. No State

again can of right raise troops in time of peace without the like

consent. Of all cases of the league, this seems to require the most

scrupulous observance. Has not Mass^{ts}, notwithstanding, the most

powerful member of the Union, already raised a body of troops? Is she

not now augmenting them, without having even deigned to apprise Cong^s

of Her intention? In fine--Have we not seen the public land dealt out to

Con^t to bribe her acquiescence in the decree constitutionally awarded

ag^{st} her claim on the territory of Pen^a: for no other possible

motive can account for the policy of Cong^s in that measure?--If we

recur to the examples of other confederacies, we shall find in all of

them the same tendency of the parts to encroach on the authority of the

whole. He then reviewed the Amphyctionic & Achæan confederacies among

the antients, and the Helvetic, Germanic & Belgic among the moderns,

tracing their analogy to the U. States in the constitution and extent of

their federal authorities--in the tendency of the particular members to

usurp on these authorities, and to bring confusion & ruin on the

whole.--He observed that the plan of Mr. Pat[er]son, besides omitting a

controul over the States as a general defence of the federal

prerogatives was particularly defective in two of its provisions. 1. Its

ratification was not to be by the people at large, but by the

_legislatures_. It could not therefore render the acts of Cong^s in

pursuance of their powers, even legally _paramount_ to the acts of the

States. 2. It gave to the federal Tribunal an appellate jurisdiction

only--even in the criminal cases enumerated. The necessity of any such

provision supposed a danger of undue acquittals in the State tribunals,

of what avail c^d an appellate tribunal be, after an acquittal? Besides

in most if not all of the States, the Executives have by their

respective _Constitutions_, the right of pard^g. How could this be taken

from them by a _legislative_ ratification only?

3. Will it prevent trespasses of the States on each other? Of these

enough has been already seen. He instanced Acts of Virg^a & Maryland

which gave a preference to their own Citizens in cases where the

Citizens of other States are entitled to equality of privileges by the

Articles of Confederation. He considered the emissions of paper money &

other kindred measures as also aggressions. The States relatively to one

another being each of them either Debtor or Creditor; The creditor

States must suffer unjustly from every emission by the debtor States. We

have seen retaliating Acts on the subject which threatened danger not to

the harmony only, but the tranquillity of the Union. The plan of M^r

Paterson, not giving even a negative on the Acts of the States, left

them as much at liberty as ever to execute their unrighteous projects

ag^{st} each other.

4. Will it secure the internal tranquillity of the States themselves?

The insurrections in Mass^{ts} admonished all the States of the danger

to which they were exposed. Yet the plan of M^r P. contained no

provisions for supplying the defect of the Confederation on this point.

According to the Republican theory indeed, Right & power being both

vested in the majority, are held to be synonymous. According to fact &

experience, a minority may in an appeal to force be an overmatch for the

majority. 1. If the minority happen to include all such as possess the

skill & habits of military life, with such as possess the great

pecuniary resources, one third may conquer the remaining two thirds. 2.

one third of those who participate in the choice of rulers may be

rendered a majority by the accession of those whose poverty disqualifies

them from a suffrage, & who for obvious reasons may be more ready to

join the standard of sedition than that of established Government. 3.

where slavery exists, the Republican Theory becomes still more

fallacious.

5. Will it secure a good internal legislation & administration to the

particular States? In developing the evils which vitiate the political

system of the U. S. it is proper to take into view those which prevail

within the States individually as well as those which affect them

collectively: Since the former indirectly affect the whole; and there is

great reason to believe that the pressure of them had a full share in

the motives which produced the present Convention. Under this head he

enumerated and animadverted on 1. the multiplicity of the laws passed by

the several States. 2. the mutability of their laws. 3. the injustice of

them. 4. the impotence of them: observing that M^r Patterson's plan

contained no remedy for this dreadful class of evils, and could not

therefore be received as an adequate provision for the exigencies of the

Community.

6. Will it secure the Union ag^{st} the influence of foreign powers over

its members. He pretended not to say that any such influence had yet

been tried: but it was naturally to be expected that occasions would

produce it. As lessons which claimed particular attention, he cited the

intrigues practised among the Amphyctionic Confederates first by the

Kings of Persia, and afterwards fatally by Philip of Macedon: Among the

Achæans, first by Macedon & afterwards no less fatally by Rome: among

the Swiss by Austria, France & the lesser neighbouring powers: among the

members of the Germanic Body by France, England, Spain & Russia--And in

the Belgic Republic, by all the great neighbouring powers. The plan of

M^r Patterson, not giving to the general Councils any negative on the

will of the particular States, left the door open for the like

pernicious Machinations among ourselves.

7. He begged the smaller States which were most attached to M^r

Patterson's plan to consider the situation in which it would leave them.

In the first place they would continue to bear the whole expence of

maintaining their Delegates in Congress. It ought not to be said that if

they were willing to bear this burthen, no others had a right to

complain. As far as it led the small States to forbear keeping up a

representation, by which the public business was delayed, it was

evidently a matter of common concern. An examination of the minutes of

Congress would satisfy every one that the public business had been

frequently delayed by this cause; and that the States most frequently

unrepresented in Cong^s were not the larger States. He reminded the

Convention of another consequence of leaving on a small State the burden

of maintaining a Representation in Cong^s. During a considerable period

of the War, one of the Representatives of Delaware, in whom alone before

the signing of the Confederation the entire vote of that State and after

that event one half of its vote, frequently resided, was a Citizen &

Resident of Pen^a and held an office in his own State incompatible with

an appointment from it to Cong^s. During another period, the same State

was represented by three delegates two of whom were citizens of Penn^a

and the third a Citizen of New Jersey. These expedients must have been

intended to avoid the burden of supporting Delegates from their own

State. But whatever might have been y^e cause, was not in effect the

vote of one State doubled, and the influence of another increased by it?

In the 2^d place the coercion, on which the efficacy of the plan

depends, can never be exerted but on themselves. The larger States will

be impregnable, the smaller only can feel the vengeance of it. He

illustrated the position by the history of the Amphyctionic

confederates: and the ban of the German Empire. It was the cobweb w^{ch}

could entangle the weak, but would be the sport of the strong.

8. He begged them to consider the situation in which they would remain

in case their pertinacious adherence to an inadmissible plan, should

prevent the adoption of any plan. The contemplation of such an event was

painful; but it would be prudent to submit to the task of examining it

at a distance, that the means of escaping it might be the more readily

embraced. Let the Union of the States be dissolved, and one of two

consequences must happen. Either the States must remain individually

independent & sovereign; or two or more Confederacies must be formed

among them. In the first event would the small States be more secure

ag^{st} the ambition & power of their larger neighbours, than they would

be under a General Government pervading with equal energy every part of

the Empire, and having an equal interest in protecting every part

ag^{st} every other part? In the second, can the smaller expect that

their larger neighbours would confederate with them on the principle of

the present Confederacy, which gives to each member, an equal suffrage;

or that they would exact less severe concessions from the smaller

States, than are proposed in the scheme of M^r Randolph?

The great difficulty lies in the affair of Representation; and if this

could be adjusted, all others would be surmountable. It was admitted by

both the gentlemen from N. Jersey, (M^r Brearly and M^r Patterson) that

it would not be _just to allow Virg^a_ which was 16 times as large as

Delaware an equal vote only. Their language was that it would not be

_safe for Delaware_ to allow Virg^a 16 times as many votes. The

expedient proposed by them was that all the States should be thrown into

one mass and a new partition be made into 13 equal parts. Would such a

scheme be practicable? The dissimilarities existing in the rules of

property, as well as in the manners, habits and prejudices of the

different States, amounted to a prohibition of the attempt. It had been

found impossible for the power of one of the most absolute princes in

Europe (K. of France) directed by the wisdom of one of the most

enlightened and patriotic Ministers (M^r Neckar) that any age has

produced, to equalize in some points only the different usages &

regulations of the different provinces. But admitting a general

amalgamation and repartition of the States to be practicable, and the

danger apprehended by the smaller States from a proportional

representation to be real; would not a particular and voluntary

coalition of these with their neighbours, be less inconvenient to the

whole community, and equally effectual for their own safety. If N.

Jersey or Delaware conceived that an advantage would accrue to them from

an equalization of the States, in which case they would necessarily form

a junction with their neighbours, why might not this end be attained by

leaving them at liberty by the Constitution to form such a junction

whenever they pleased? And why should they wish to obtrude a like

arrangement on all the States, when it was, to say the least, extremely

difficult, would be obnoxious to many of the States, and when neither

the inconveniency, nor the benefit of the expedient to themselves, would

be lessened by confining it to themselves.--The prospect of many new

States to the Westward was another consideration of importance. If they

should come into the Union at all, they would come when they contained

but few inhabitants. If they sh^d be entitled to vote according to their

proportions of inhabitants, all would be right & safe. Let them have an

equal vote, and a more objectionable minority than ever might give law

to the whole.[91]

[91] "Mr. Dickinson supposed that there were good regulations in

both. Let us therefore contrast the one with the other, and

consolidate such parts of them as the committee

approve."--Yates, _Secret Proceedings_, etc., 140.

On a question for postponing generally the 1^{st} proposition of M^r

Patterson's plan, it was agreed to: N. Y. & N. J. only being no.

On the question moved by M^r King whether the Co[~m]itee should rise &

M^r Randolph's proposition be reported without alteration, which was in

fact a question whether M^r R's should be adhered to as preferable to

those of M^r Patterson;

Mass^{ts} ay. Con^t ay. N. Y. no. N. J. no. P^a ay. Del. no.

M^d div^d. V^a ay. N. C. ay. S. C. ay. Geo. ay.

Copy of the Resol^{ns} of Mr. R. as altered in Com^e and reported to the

House.

(Of M^r Randolph's plan as reported from the Co[~m]ittee)--the 1.

propos: "that a Nat^l Gov^t ought to be established consisting &c."

being taken up in the House.

M^r Wilson observed that by a Nat^l Gov^t he did not mean one that

would swallow up the State Gov^{ts} as seemed to be wished by some

gentlemen. He was tenacious of the idea of preserving the latter. He

thought, contrary to the opinion of (Col. Hamilton) that they might

not only subsist but subsist on friendly terms with the former. They

were absolutely necessary for certain purposes which the former could

not reach. All large Governments must be subdivided into lesser

jurisdictions. As Examples he mentioned Persia, Rome, and particularly

the divisions & subdivisions of England by Alfred.

Col. Hamilton coincided with the proposition as it stood in the Report.

He had not been understood yesterday. By an abolition of the States, he

meant that no boundary could be drawn between the National & State

Legislatures; that the former must therefore have indefinite authority.

If it were limited at all, the rivalship of the States would gradually

subvert it. Even as Corporations the extent of some of them as V^a

Mass^{ts} &c. would be formidable. _As States_, he thought they ought to

be abolished. But he admitted the necessity of leaving in them,

subordinate jurisdictions. The examples of Persia & the Roman Empire,

cited by (M^r Wilson) were he thought in favor of his doctrine: the

great powers delegated to the Satraps & proconsuls having frequently

produced revolts, and schemes of independence.

M^r King wished as every thing depended on this proposition, that no

objections might be improperly indulged ag^{st} the phraseology of it.

He conceived that the import of the term "States" "Sovereignty"

"_national_" "federal," had been often used & applied in the discussions

inaccurately & delusively. The States were not "Sovereigns" in the sense

contended for by some. They did not possess the peculiar features of

sovereignty, they could not make war, nor peace, nor alliances nor

treaties. Considering them as political Beings, they were dumb, for they

could not speak to any for[~e]gn Sovereign whatever. They were deaf, for

they could not hear any propositions from such Sovereign. They had not

even the organs or faculties of defence or offence, for they could not

of themselves raise troops, or equip vessels, for war. On the other

side, if the Union of the States comprises the idea of a confederation,

it comprises that also of consolidation. A Union of the States is a

Union of the men composing them, from whence a _national_ character

results to the whole. Cong^s can act alone without the States--they can

act & their acts will be binding ag^{st} the Instructions of the States.

If they declare war: war is de jure declared--captures made in pursuance

of it are lawful--no Acts of the States can vary the situation, or

prevent the judicial consequences. If the States therefore retained some

portion of their sovereignty, they had certainly divested themselves of

essential portions of it. If they formed a confederacy in some

respects--they formed a Nation in others. The Convention could clearly

deliberate on & propose any alterations that Cong^s could have done

under y^e federal articles, and Could not Cong^s propose by virtue of

the last article, a change in any article whatever; and as well that

relating to the equality of suffrage, as any other. He made these

remarks to obviate some scruples which had been expressed. He doubted

much the practicability of annihilating the States; but thought that

much of their power ought to be taken from them.[92]

[92] King, in his notes, gives a résumé of his speech. It

illustrates the accuracy of Madison's reporting:

"Answer (R. King) The States under the confed. are

not sovereign States they can do no act but such as

are of a subordinate nature or such as terminate in

themselves--and even these are restrained--coinage,

P. office &c. they are wholly incompetent to the

exercise of any of the gt. & distinguishing acts of

sovereignty--They can neither make nor receive

(embassies) to or from any other sovereign--they

have not the powers of injuring another or of

defending themselves from an Injury offered from one

another--they are deaf, dumb and impotent--these

Faculties are yielded up and the U. S. in C. Assd.

hold and possess them, and they alone can exercise

them--they are so far out of the controul of the

separate States yt. if every State in the Union was

to instruct yr. Deleg., and those Delegates within

ye powers of the Arts. of Union shd. do an act in

violation of their Instructions it wd. nevertheless

be valid. If they declared a war, any giving aid or

comfort to the enemy wd. be Treason; if peace, any

capture on the high seas wd. be piracy. This remark

proves yt. the States are now subordinate

corporations or societies and not sovereigns--these

imperfect States are the confederates and they are

the electors of the magistrates who exercise the

national sovereignty. The Articles of Confedr. and

perpetual Union, are partly federal & partly of the

nature of a constitution or form of Govt. arising

from and applying to the Citizens of the U. S. & not

from the individual States.

"The only criterion of determining what is federal &

what is national is this, those acts which are for

the government of the States only are purely

federal, those which are for the government of the

Citizens of the individual States are national and

not federal.

"If then the articles of Confedr. & perpetual union

have this twofold capacity, and if they provide for

an alteration in a certain mode, why may not they be

so altered as that the federal article may be

changed to a national one, and the national to a

federal? I see no argument that can be objected to

the authority. The 5th article regulates the

influence of the several States and makes them

equal--does not the confed. authorize this

alteration, that instead of this Equality, one state

may have double the Influence of another--I conceive

it does--and so of every Article except that wh.

destroys the Idea of a confedy. I think it may be

proved that every article may be totally altered

provided you have one guarantying to each State the

right of regulating its private & internal affairs

in the manner of a subordinate corporation.

"But admitting that the Arts, of Confed. & perpet.

Union, or the powers of the Legis. did not extend to

the proposed Reform; yet the public Deputations &

the public Danger require it--the system proposed to

be adopted is no scheme of a day, calculated to

postpone the hour of Danger, & thus leave it to fall

with double ruin on our successors--It is no crude

and undigested plan; the child of narrow and

unextensive views, brought forward under the

Auspices of Cowardice & Irresolution--It is a

measure of Decision, it is the foundation of Freedom

& of national Glory. It will draw on itself and be

able to support the severest scrutiny & Examination.

It is no idle experiment, no romantic

speculation--the measure forces itself upon wise

men, and if they have not firmness to look it in the

face and protect it--Farewell to the Freedom of our

Government--our military glory will be tarnished and

our boasts of Freedom will be the scorn of the

Enemies of Liberty."--_Life and Correspondence of

Rufus King_, i., 602, n.

M^r Martin.[93] said he considered that the separation from G. B. placed

the 13 States in a state of Nature towards each other; that they would

have remained in that state till this time, but for the confederation;

that they entered into the Confederation on the footing of equality;

that they met now to amend it on the same footing; and that he could

never accede to a plan that would introduce an inequality and lay 10

States at the mercy of V^a Mass^{ts} and Penn^a.

[93] "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."--Pierce's Notes, _Am. Hist. Rev._, iii., 330.

M^r Wilson, could not admit the doctrine that when the Colonies became

independent of G. Britain, they became independent also of each other.

He read the declaration of Independence, observing thereon that the

_United Colonies_ were declared to be free & independent States; and

inferring that they were independent, not _individually_ but _Unitedly_

and that they were confederated as they were independent, States.

Col. Hamilton assented to the doctrine of M^r Wilson. He denied the

doctrine that the States were thrown into a State of Nature. He was not

yet prepared to admit the doctrine that the Confederacy, could be

dissolved by partial infractions of it. He admitted that the States met

now on an equal footing but could see no inference from that against

concerting a change of the system in this particular. He took this

occasion of observing for the purpose of appeasing the fears of the

small States, that two circumstances would render them secure under a

National Gov^t in which they might lose the equality of rank they now

held: one was the local situation of the 3 largest States Virg^a

Mass^{ts} & P^a. They were separated from each other by distance of

place, and equally so, by all the peculiarities which distinguish the

interests of one State from those of another. No combination therefore

could be dreaded. In the second place, as there was a gradation in the

States from V^a the largest down to Delaware the smallest, it would

always happen that ambitious combinations among a few States might & w^d

be counteracted by defensive combinations of greater extent among the

rest. No combination has been seen among the large Counties merely as

such, ag^{st} lesser Counties. The more close the Union of the States,

and the more compleat the authority of the whole: the less opportunity

will be allowed to the stronger States to injure the weaker.

Adj^d.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 59 / 114 题