M^r Jonathan Dayton from N. Jersey took his seat.[94]

[94] From June 21 to July 18 inclusive not copied by M^r

Eppes.--Madison's Note. This applies evidently to notes he

permitted Hon. George W. Eppes, Jefferson's son-in-law, to

take.

Doc^r Johnson.[95] On a comparison of the two plans which had been

proposed from Virginia & N. Jersey, it appeared that the peculiarity

which characterized the latter was its being calculated to preserve the

individuality of the States. The plan from V^a did not profess to

destroy this individuality altogether, but was charged with such a

tendency. One Gentleman alone (Col. Hamilton) in his animadversions on

the plan of N. Jersey, boldly and decisively contended for an abolition

of the State Gov^{ts}. M^r Wilson & the gentleman from Virg^a who also

were adversaries of the plan of N. Jersey held a different language.

They wished to leave the States in possession of a considerable, tho' a

subordinate jurisdiction. They had not yet however shewn how this c^d

consist with, or be secured ag^{st} the general sovereignty &

jurisdiction, which they proposed to give to the National Government. If

this could be shewn in such a manner as to satisfy the patrons of the N.

Jersey propositions, that the individuality of the States would not be

endangered, many of their objections would no doubt be removed. If this

could not be shewn their objections would have their full force. He

wished it therefore to be well considered whether in case the States, as

was proposed, sh^d retain some portion of sovereignty at least, this

portion could be preserved, without allowing them to participate

effectually in the Gen^l Gov^t, without giving them each a distinct and

equal vote for the purpose of defending themselves in the general

Councils.

[95] "D^r Johnson is a character much celebrated for his

legal knowledge; he is said to be one of the first classics

in America, and certainly possesses a very strong and

enlightened understanding.

"As an Orator in my opinion, there is nothing in him that

warrants the high reputation which he has for public

speaking. There is something in the tone of his voice not

pleasing to the Ear,--but he is eloquent and clear,--always

abounding with information and instruction. He was once

employed as an Agent for the State of Connecticut to state

her claims to certain landed territory before the British

House of Commons; this Office he discharged with so much

dignity, and made such an ingenious display of his powers,

that he laid the foundation of a reputation which will

probably last much longer than his own life. D^r Johnson is

about sixty years of age, possesses the manners of a

Gentleman, and engages the Hearts of Men by the sweetness of

his temper, and that affectionate style of address with

which he accosts his acquaintance."--Pierce's Notes, _Am.

Hist. Rev._, iii., 326.

M^r Wilson's respect for Doc^r Johnson, added to the importance of the

subject led him to attempt, unprepared as he was, to solve the

difficulty which had been started. It was asked how the Gen^l Gov^t and

individuality of the particular States could be reconciled to each

other; and how the latter could be secured ag^{st} the former? Might it

not, on the other side be asked how the former was to be secured ag^{st}

the latter? It was generally admitted that a jealousy & rivalship would

be felt between the Gen^l & particular Gov^{ts}. As the plan now stood,

tho' indeed contrary to his opinion, one branch of the Gen^l Gov^t (the

Senate or second branch) was to be appointed by the State Legislatures.

The State Legislatures, therefore, by this participation in the Gen^l

Gov^t would have an opportunity of defending their rights. Ought not a

reciprocal opportunity to be given to the Gen^l Gov^t of defending

itself by having an appointment of some one constituent branch of the

State Gov^{ts}. If a security be necessary on one side, it w^d seem

reasonable to demand it on the other. But taking the matter in a more

general view, he saw no danger to the States from the Gen^l Gov^t. In

case a combination should be made by the large ones it w^d produce a

general alarm among the rest; and the project w^d be frustrated. But

there was no temptation to such a project. The States having in general

a similar interest, in case of any propositions in the National

Legislature to encroach on the State Legislatures, he conceived a

general alarm w^d take place in the National Legislature itself, that it

would communicate itself to the State Legislatures, and w^d finally

spread among the people at large. The Gen^l Gov^t will be as ready to

preserve the rights of the States as the latter are to preserve the

rights of individuals; all the members of the former, having a common

interest, as representatives of all the people of the latter, to leave

the State Gov^{ts} in possession of what the people wish them to retain.

He could not discover, therefore any danger whatever on the side from

which it was apprehended. On the contrary, he conceived that in spite of

every precaution the General Gov^t would be in perpetual danger of

encroachments from the State Gov^{ts}.

M^r Madison was of opinion that there was 1. less danger of encroachment

from the Gen^l Gov^t than from the State Gov^{ts} 2. that the mischief

from encroachments would be less fatal if made by the former, than if

made by the latter. 1. All the examples of other confederacies prove the

greater tendency in such systems to anarchy than to tyranny; to a

disobedience of the members than usurpations of the federal head. Our

own experience had fully illustrated this tendency.--But it will be said

that the proposed change in the principles & form of the Union will vary

the tendency; that the Gen^l Gov^t will have real & greater powers, and

will be derived in one branch at least from the people, not from the

Gov^{ts} of the States. To give full force to this objection, let it be

supposed for a moment that indefinite power should be given to the Gen^l

Legislature, and the States reduced to Corporations dependent on the

Gen^l Legislature; Why sh^d it follow that the Gen^l Gov^t w^d take from

the States any branch of their power as far as its operation was

beneficial, and its continuance desireable to the people? In some of the

States, particularly in Connecticut, all the Townships are incorporated,

and have a certain limited jurisdiction. Have the Representatives of the

people of the Townships in the Legislature of the State ever endeavoured

to despoil the Townships of any part of their local authority? As far as

this local authority is convenient to the people they are attached to

it; and their representatives chosen by & amenable to them, naturally

respect their attachment to this, as much as their attachment to any

other right or interest. The relation of a General Gov^t to State

Gov^{ts} is parallel. 2. Guards were more necessary ag^{st}

encroachments of the State Gov^{ts} on the Gen^l Gov^t than of the

latter on the former. The great objection made ag^{st} an abolition of

the State Gov^{ts} was that the Gen^l Gov^t could not extend its care to

all the minute objects which fall under the cognizance of the local

jurisdictions. The objection as stated lay not ag^{st} the probable

abuse of the general power, but ag^{st} the imperfect use that could be

made of it throughout so great an extent of country, and over so great a

variety of objects. As far as its operation would be practicable it

could not in this view be improper; as far as it would be impracticable,

the conveniency of the Gen^l Gov^t itself would concur with that of the

people in the maintenance of subordinate Governments. Were it

practicable for the Gen^l Gov^t to extend its care to every requisite

object without the cooperation of the State Gov^{ts} the people would

not be less free as members of one great Republic than as members of

thirteen small ones. A Citizen of Delaware was not more free than a

Citizen of Virginia: nor would either be more free than a Citizen of

America. Supposing therefore a tendency in the Gen^l Government to

absorb the State Gov^{ts} no fatal consequence could result. Taking the

reverse as the supposition, that a tendency should be left in the State

Gov^{ts} towards an independence on the General Gov^t and the gloomy

consequences need not be pointed out. The imagination of them, must have

suggested to the States the experiment we are now making to prevent the

calamity, and must have formed the chief motive with those present to

undertake the arduous task.

On the question for resolving "that the Legislature ought to consist of

two Branches"

Mass. ay. Con^t ay. N. Y. no. N. Jersey, no. P^a ay.

Del. no. M^d div^d. V^a ay. N. C. ay. S. C. ay. Geo. ay.

The _third_ resolution of the Report taken into consideration.

Gen^l Pinkney moved "that the 1^{st} branch, instead of being elected by

the people, sh^d be elected in such manner as the Legislature of each

State should direct." He urged 1. that this liberty would give more

satisfaction, as the Legislatures could then accommodate the mode to the

conveniency & opinions of the people. 2. that it would avoid the undue

influence of large Counties which would prevail if the elections were to

be made in districts as must be the mode intended by the Report of the

Committee. 3. that otherwise disputed elections must be referred to the

General Legislature which would be attended with intolerable expence and

trouble to the distant parts of the Republic.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 62 / 114 题