MONDAY, JUNE 25. IN CONVENTION.

Resolution 4. being taken up.

M^r Pinkney spoke as follows--[106] The efficacy of the System will

depend on this article. In order to form a right judgm^t in the case, it

will be proper to examine the situation of this Country more accurately

than it has yet been done. The people of the U. States are perhaps the

most singular of any we are acquainted with. Among them there are fewer

distinctions of fortune & less of rank, than among the inhabitants of

any other nation. Every freeman has a right to the same protection &

security; and a very moderate share of property entitles them to the

possession of all the honors and privileges the Public can bestow: hence

arises a greater equality, than is to be found among the people of any

other Country, and an equality which is more likely to continue--I say

this equality is likely to continue, because in a new Country,

possessing immense tracts of uncultivated lands, where every temptation

is offered to emigration & where industry must be rewarded with

competency, there will be few poor, and few dependent--Every member of

the Society almost, will enjoy an equal power of arriving at the supreme

offices & consequently of directing the strength & sentiments of the

whole Community. None will be excluded by birth, & few by fortune, from

voting for proper persons to fill the offices of Government--the whole

community will enjoy in the fullest sense that kind of political liberty

which consists in the power the members of the State reserve to

themselves, of arriving at the Public offices, or at least, of having

votes in the nomination of those who fill them.

[106] Pinckney furnished Madison with a copy of this speech

which he transcribed, but apparently not with the whole of

it, as Madison's note at the end indicates. The original

Pinckney draft is among the Madison papers, and shows

Madison's copying to have been accurate.

If this State of things is true & the prospect of its continuing

probable, it is perhaps not politic to endeavour too close an imitation

of a Government calculated for a people whose situation is, & whose

views ought to be extremely different.

Much has been said of the Constitution of G. Britain. I will confess

that I believe it to be the best Constitution in existence; but at the

same time I am confident it is one that will not or cannot be introduced

into this Country, for many centuries.--If it were proper to go here

into a historical dissertation on the British Constitution, it might

easily be shewn that the peculiar excellence, the distinguishing feature

of that Governm^t cannot possibly be introduced into our System--that

its balance between the Crown & the people cannot be made a part of our

Constitution,--that we neither have nor can have the members to compose

it, nor the rights, privileges & properties of so distinct a class of

Citizens to guard,--that the materials for forming this balance or check

do not exist, nor is there a necessity for having so permanent a part of

our Legislative, until the Executive power is so constituted as to have

something fixed & dangerous in its principle--By this I mean a sole,

hereditary, though limited Executive.

That we cannot have a proper body for forming a Legislative balance

between the inordinate power of the Executive and the people, is evident

from a review of the accidents & circumstances which gave rise to the

peerage of Great Britain--I believe it is well ascertained that the

parts which compose the British Constitution arose immediately from the

forests of Germany; but the antiquity of the establishment of Nobility

is by no means clearly defined. Some authors are of opinion that the

dignity denoted by the titles of dux et comes, was derived from the old

Roman to the German Empire; while others are of the opinion that they

existed among the Germans long before the Romans were acquainted with

them. The institution however of Nobility is immemorial among the

Nations who may properly be termed the ancestors of Britain.--At the

time they were summoned in England to become a part of the National

Council, the circumstances which contributed to make them a Constituent

part of that constitution, must be well known to all gentlemen who have

had industry & curiosity enough to investigate the subject--The Nobles

with their possessions & dependents composed a body permanent in their

nature and formidable in point of power. They had a distinct interest

both from the King and the people; an interest which could only be

represented by themselves, and the guardianship could not be safely

intrusted to others.--At the time they were originally called to form a

part of the National Council, necessity perhaps as much as other cause,

induced the Monarch to look up to them. It was necessary to demand the

aid of his subjects in personal & pecuniary services. The power and

possessions of the Nobility would not permit taxation from any Assembly

of which they were not a part: & the blending the Deputies of the

Commons with them, & thus forming what they called their parlerment was

perhaps as much the effect of chance as of any thing else. The Commons

were at that time compleatly subordinate to the nobles, whose

consequence & influence seem to have been the only reasons for their

superiority; a superiority so degrading to the Commons that in the first

summons we find the peers are called upon to consult the commons to

consent. From this time the peers have composed a part of the British

Legislature, and notwithstanding their power and influence have

diminished & those of the Commons have increased, yet still they have

always formed an excellent balance ag^{st} either the encroachments of

the Crown or the people.

I have said that such a body cannot exist in this Country for ages, and

that untill the situation of our people is exceedingly changed no

necessity will exist for so permanent a part of the Legislature. To

illustrate this I have remarked that the people of the United States are

more equal in their circumstances than the people of any other

Country--that they have very few rich men among them,--by rich men I

mean those whose riches may have a dangerous influence, or such as are

esteemed rich in Europe--perhaps there are not one hundred such on the

Continent; that it is not probable this number will be greatly

increased; that the genius of the people their mediocrity of situation &

the prospects which are afforded their industry in a Country which must

be a new one for centuries are unfavorable to the rapid distinction of

ranks. The destruction of the right of primogeniture & the equal

division of the property of Intestates will also have an effect to

preserve this mediocrity; for laws invariably affect the manners of a

people. On the other hand that vast extent of unpeopled territory which

opens to the frugal & industrious a sure road to competency &

independence will effectually prevent for a considerable time the

increase of the poor or discontented, and be the means of preserving

that equality of condition which so eminently distinguishes us.

If equality is as I contend the leading feature of the U. States, where

then are the riches & wealth whose representation & protection is the

peculiar province of this Permanent body. Are they in the hands of the

few who may be called rich; in the possession of less than a hundred

citizens? Certainly not. They are in the great body of the people, among

whom there are no men of wealth, and very few of real poverty.--Is it

probable that a change will be created, and that a new order of men will

arise? If under the British Government, for a century no such change was

probable, I think it may be fairly concluded it will not take place

while even the semblance of Republicanism remains.--How is this change

to be effected? Where are the sources from whence it is to flow? From

the landed interest? No. That is too unproductive & too much divided in

most of the States. From the Monied interest? If such exists at present,

little is to be apprehended from that source. Is it to spring from

commerce? I believe it would be the first instance in which a nobility

sprang from merchants. Besides, Sir, I apprehend that on this point the

policy of the U. States has been much mistaken. We have unwisely

considered ourselves as the inhabitants of an old instead of a new

country. We have adopted the maxims of a State full of people &

manufactures & established in credit. We have deserted our true

interest, and instead of applying closely to those improvements in

domestic policy which would have ensured the future importance of our

commerce, we have rashly & prematurely engaged in schemes as extensive

as they are imprudent. This however is an error which daily corrects

itself & I have no doubt that a few more severe trials will convince us,

that very different commercial principles ought to govern the conduct of

these States.

The people of this Country are not only very different from the

inhabitants of any State we are acquainted with in the modern world; but

I assert that their situation is distinct from either the people of

Greece or Rome, or of any State we are acquainted with among the

antients.--Can the orders introduced by the institution of Solon, can

they be found in the United States? Can the military habits & manners of

Sparta be resembled to our habits & manners? Are the distinction of

Patrician & Plebeian known among us? Can the Helvetic or Belgic

confederacies, or can the unwieldy, unmeaning body called the Germanic

Empire, can they be said to possess either the same or a situation like

ours? I apprehend not.--They are perfectly different, in their

distinctions of rank, their Constitutions, their manners & their policy.

Our true situation appears to me to be this,--a new extensive Country

containing within itself the materials for forming a Government capable

of extending to its Citizens all the blessings of Civil & religious

liberty--capable of making them happy at home. This is the great end of

Republican Establishments. We mistake the object of our Government, if

we hope or wish that it is to make us respectable abroad. Conquest or

superiority among other powers is not or ought not ever to be the object

of republican Systems. If they are sufficiently active & energetic to

rescue us from contempt & preserve our domestic happiness & security, it

is all we can expect from them,--it is more than almost any other

Government ensures to its citizens.

I believe this observation will be found generally true:--that no two

people are so exactly alike in their situation or circumstances as to

admit the exercise of the same Government with equal benefit; that a

system must be suited to the habits & genius of the People it is to

govern, and must grow out of them.

The people of the U. S. may be divided into three classes--_Professional

men_ who must from their particular pursuits always have a considerable

weight in the Government while it remains popular--_Commercial men_, who

may or may not have weight as a wise or injudicious commercial policy is

pursued.--If that commercial policy is pursued which I conceive to be

the true one, the merchants of this Country will not or ought not for a

considerable time to have much weight in the political scale.--The third

is the _landed interest_, the owners and cultivators of the soil, who

are and ought ever to be the governing spring in the system.--These

three classes, however distinct in their pursuits are individually equal

in the political scale, and may be easily proved to have but one

interest. The dependence of each on the other is mutual. The merchant

depends on the planter. Both must in private as well as public affairs

be connected with the professional men; who in their turn must in some

measure depend on them. Hence it is clear from this manifest connection,

& the equality which I before stated exists, & must for the reasons then

assign, continue, that after all there is one, but one great & equal

body of Citizens composing the inhabitants of this Country among whom

there are no distinctions of rank, and very few or none of fortune.

For a people thus circumstanced are we then to form a Government & the

question is what sort of Government is best suited to them.

Will it be the British Gov^t? No. Why? Because G. Britain contains three

orders of people distinct in their situation, their possessions & their

principles.--These orders combined form the great body of the Nation.

And as in national expences the wealth of the whole community must

contribute, so ought each component part to be properly & duly

represented.--No other combination of power could form this due

representation, but the one that exists.--Neither the peers or the

people could represent the royalty, nor could the Royalty & the people

form a proper representation for the Peers.--Each therefore must of

necessity be represented by itself, or the sign of itself; and this

accidental mixture has certainly formed a Government admirably well

balanced.

But the U. States contain but one order that can be assimilated to the

British Nation,--this is the order of Commons. They will not surely then

attempt to form a Government consisting of three branches, two of which

shall have nothing to represent. They will not have an Executive &

Senate (hereditary) because the King & Lords of England are so. The same

reasons do not exist and therefore the same provisions are not

necessary.

We must as has been observed suit our Governm^t to the people it is to

direct. These are I believe as active, intelligent & susceptible of good

Governm^t as any people in the world. The Confusion which has produced

the present relaxed State is not owing to them. It is owing to the

weakness & (defects) of a Gov^t incapable of combining the various

interests it is intended to unite, and destitute of energy.--All that we

have to do then is to distribute the powers of Gov^t in such a manner,

and for such limited periods, as while it gives a proper degree of

permanency to the Magistrate, will reserve to the people, the right of

election they will not or ought not frequently to part with.--I am of

opinion that this may easily be done; and that with some amendments the

propositions before the Committee will fully answer this end.

No position appears to me more true than this; that the General Gov^t

cannot effectually exist without reserving to the States the possession

of their local rights. They are the instruments upon which the Union

must frequently depend for the support & execution of their powers,

however immediately operating upon the people, and not upon the States.

Much has been said about the propriety of abolishing the distinction of

State Governments, & having but one general System. Suffer me for a

moment to examine this question.[107]

[107] The residue of this speech was not furnished, like the

above, by Mr. Pinckney.--Madison's Note.

Yates' report of the speech is meagre. The closing

paragraph, apparently the part lacking in Madison's report,

is:

"While we were dependent on the crown of Great Britain, it

was in contemplation to form the whole into one; but it was

found impracticable. No legislature could make good laws for

the whole, nor can it now be done. It would necessarily

place the power in the hands of the few nearest the seat of

government. State governments must therefore remain, if you

mean to prevent confusion. The general negative powers will

support the general government. Upon these considerations, I

am led to form the second branch differently from the

report. These powers are important, and the number not too

large, upon the principle of proportion. I have considered

the subject with great attention; and I propose this plan

(reads it), and if no better plan is proposed, I will then

move its adoption."--Yates, _Secret Proceedings_, etc., 163.

The mode of constituting the 2^d branch being under consideration.

The word "national" was struck out, and "United States" inserted.

M^r Ghorum, inclined to a compromise as to the rule of proportion. He

thought there was some weight in the objections of the small States. If

V^a should have 16. votes & Del^{re} with several other States together

16, those from Virg^a would be more likely to unite than the others, and

would therefore have an undue influence. This remark was applicable not

only to States, but to Counties or other districts of the same State.

Accordingly the Constitution of Mass^{ts} had provided that the

representatives of the larger districts should not be in an exact ratio

to their numbers, and experience he thought had shewn the provision to

be expedient.

M^r Read. The States have heretofore been in a sort of partnership. They

ought to adjust their old affairs before they open a new account. He

brought into view the appropriation of the co[~m]on interest in the

Western lands, to the use of particular States. Let justice be done on

this head; let the fund be applied fairly & equally to the discharge of

the general debt, and the smaller States who had been injured; would

listen then perhaps to those ideas of just representation which had been

held out.

M^r Ghorum, did not see how the Convention could interpose in the case.

Errors he allowed had been committed on the subject. But Cong^s were now

using their endeavours to rectify them. The best remedy would be such a

Government as would have vigor enough to do justice throughout. This was

certainly the best chance that could be afforded to the smaller States.

M^r Wilson, the question is shall the members of the 2^d branch be

chosen by the Legislatures of the States? When he considered the amazing

extent of Country--the immense population which is to fill it, the

influence which the Gov^t we are to form will have, not only on the

present generation of our people & their multiplied posterity, but on

the whole Globe, he was lost in the magnitude of the object. The project

of Henry the 4^{th} & his Statesmen was but the picture in miniature of

the great portrait to be exhibited. He was opposed to an election by the

State Legislatures. In explaining his reasons it was necessary to

observe the twofold relation in which the people would stand, 1. as

Citizens of the Gen^l Gov^t 2. as Citizens of their particular State.

The Gen^l Gov^t was meant for them in the first capacity: the State

Gov^{ts} in the second. Both Gov^{ts} were derived from the people--both

meant for the people--both therefore ought to be regulated on the same

principles. The same train of ideas which belonged to the relation of

the Citizens to their State Gov^{ts} were applicable to their relation

to the Gen^l Gov^t and in forming the latter, we ought to proceed, by

abstracting as much as possible from the idea of the State Gov^{ts}.

With respect to the province & object of the Gen^l Gov^t they should be

considered as having no existence. The election of the 2^d branch by the

Legislatures, will introduce & cherish local interests & local

prejudices. The Gen^l Gov^t is not an assemblage of States, but of

individuals for certain political purposes--it is not meant for the

States, but for the individuals composing them; the _individuals_

therefore not the _States_, ought to be represented in it: A proportion

in this representation can be preserved in the 2^d as well as in the

1^{st} branch; and the election can be made by electors chosen by the

people for that purpose. He moved an amendment to that effect which was

not seconded.

M^r Elseworth saw no reason for departing from the mode contained in the

Report. Whoever chooses the member, he will be a Citizen of the State he

is to represent & will feel the same spirit & act the same part whether

he be appointed by the people or the Legislature. Every State has its

particular views & prejudices, which will find their way into the

general Councils, through whatever channel they may flow. Wisdom was one

of the characteristics which it was in contemplation to give the second

branch. Would not more of it issue from the Legislatures; than from an

immediate election by the people. He urged the necessity of maintaining

the existence, & agency of the States. Without their co-operation it

would be impossible to support a Republican Gov^t over so great an

extent of Country. An army could scarcely render it practicable. The

largest States are the worst Governed. Virg^a is obliged to acknowledge

her incapacity to extend her Gov^t to Kentuckey. Mass^{ts} cannot keep

the peace one hundred miles from her capitol and is now forming an army

for its support. How long Pen^a may be free from a like situation cannot

be foreseen. If the principles & materials of our Gov^t are not adequate

to the extent of these single States; how can it be imagined that they

can support a single Gov^t throughout the U. States. The only chance of

supporting a Gen^l Gov^t lies in grafting it on that of the individual

States.

Doc^r Johnson urged the necessity of preserving the State Gov^{ts} which

would be at the mercy of the Gen^l Gov^t on M^r Wilson's plan.

M^r Madison thought it w^d obviate difficulty if the present resol: were

postponed, & the 8{th} taken up, which is to fix the right of suffrage

in the 2^d branch.

Doc^r Williamson professed himself a friend to such a system as would

secure the existence of the State Gov^{ts}. The happiness of the people

depended on it. He was at a loss to give his vote as to the Senate

untill he knew the number of its members. In order to ascertain this, he

moved to insert these words after "2^d branch of the Nat^l

Legislature"--"who shall bear such proportion to the n^o of the 1^{st}

branch as 1 to ----." He was not seconded.

M^r Mason. It has been agreed on all hands that an efficient Gov^t is

necessary that to render it such it ought to have the faculty of self

defence, that to render its different branches effectual each of them

ought to have the same power of self defence. He did not wonder that

such an agreement should have prevailed in these points. He only

wondered that there should be any disagreement about the necessity of

allowing the State Gov^{ts} the same self-defence. If they are to be

preserved as he conceived to be essential, they certainly ought to have

this power. And the only mode left of giving it to them, was by allowing

them to appoint the 2^d branch of the Nat^l Legislature.

M^r Butler observing that we were put to difficulties at every step by

the uncertainty whether an equality or a ratio of representation w^d

prevail finally in the 2^d branch, moved to postpone the 4^{th} Resol: &

to proceed to the Resol: on that point. M^r Madison seconded him.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 70 / 114 题