FRIDAY JUNE 29^{TH} IN CONVENTION.

Doc^r Johnson. The controversy must be endless whilst Gentlemen differ

in the grounds of their arguments; Those on one side considering the

States as districts of people composing one political Society; those on

the other considering them as so many political societies. The fact is

that the States do exist as political Societies, and a Gov^t is to be

formed for them in their political capacity, as well as for the

individuals composing them. Does it not seem to follow, that if the

States as such are to exist they must be armed with some power of

self-defence. This is the idea of (Col. Mason) who appears to have

looked to the bottom of this matter. Besides the aristocratic and other

interests, which ought to have the means of defending themselves, the

States have their interests as such, and are equally entitled to like

means. On the whole he thought that as in some respects the States are

to be considered in their political capacity, and in others as districts

of individual citizens the two ideas embraced on different sides,

instead of being opposed to each other, ought to be combined; that in

_one_ branch the _people_, ought to be represented, in the _other_ the

_States_.

M^r Ghoram. The States as now confederated have no doubt a right to

refuse to be consolidated, or to be formed into any new system. But he

wished the small States which seemed most ready to object, to consider

which are to give up most, they or the larger ones. He conceived that a

rupture of the Union w^d be an event unhappy for all, but surely the

large States would be least unable to take care of themselves, and to

make connections with one another. The weak therefore were most

interested in establishing some general system for maintaining order. If

among individuals, composed partly of weak, and partly of strong, the

former most need the protection of law & Government, the case is exactly

the same with weak & powerful States. What would be the situation of

Delaware (for these things he found must be spoken out, & it might as

well be done at first as last) what w^d be the situation of Delaware in

case of a separation of the States? Would she not be at the mercy of

Pennsylvania? would not her true interest lie in being consolidated with

her, and ought she not now to wish for such a union with P^a under one

Gov^t as will put it out of the power of Pen^a to oppress her? Nothing

can be more ideal than the danger apprehended by the States from their

being formed into one nation. Mass^{ts} was originally three colonies,

viz old Mass^{ts} Plymouth--& the province of Mayne. These apprehensions

existed then. An incorporation took place; all parties were safe &

satisfied; and every distinction is now forgotten. The case was similar

with Connecticut & New haven. The dread of Union was reciprocal; the

consequence of it equally salutary and satisfactory. In like manner N.

Jersey has been made one society out of two parts. Should a separation

of the States take place, the fate of N. Jersey w^d be worst of all. She

has no foreign commerce & can have but little. P^a & N. York will

continue to levy taxes on her consumption. If she consults her interest

she w^d beg of all things to be annihilated. The apprehensions of the

small States ought to be appeased by another reflection Mass^{ts} will

be divided. The province of Maine is already considered as approaching

the term of its annexation to it; and P^a will probably not increase,

considering the present state of her population, & other events that may

happen. On the whole he considered a Union of the States as necessary to

their happiness, & a firm Gen^l Gov^t as necessary to their Union. He

sh^d consider it as his duty if his colleagues viewed the matter in the

same light he did to stay here as long as any other State would remain

with them, in order to agree on some plan that could with propriety be

recommended to the people.

M^r Elseworth, did not despair. He still trusted that some good plan of

Gov^t w^d be devised & adopted.

M^r Read. He sh^d have no objection to the system if it were truly

national, but it has too much of a federal mixture in it. The little

States he thought had not much to fear. He suspected that the large

States felt their want of energy, & wished for a Gen^l Gov^t to supply

the defect. Mass^{ts} was evidently labouring under her weakness and he

believed Delaware w^d not be in much danger if in her neighbourhood.

Delaware had enjoyed tranquillity & he flattered himself w^d continue to

do so. He was not however so selfish as not to wish for a good Gen^l

Gov^t. In order to obtain one the whole States must be incorporated. If

the States remain, the representatives of the large ones will stick

together, and carry everything before them. The Executive also will be

chosen under the influence of this partiality, and will betray it in his

administration. These jealousies are inseparable from the scheme of

leaving the States in existence. They must be done away. The ungranted

lands also which have been assumed by particular States must also be

given up. He repeated his approbation of the plan of M^r Hamilton, &

wished it to be substituted in the place of that on the table.

M^r Madison agreed with Doc^r Johnson, that the mixed nature of the

Gov^t ought to be kept in view; but thought too much stress was laid on

the rank of the States as political societies. There was a gradation, he

observed from the smallest corporation, with the most limited powers, to

the largest empire with the most perfect sovereignty. He pointed out the

limitations on the sovereignty of the States, as now confederated their

laws in relation to the paramount law of the Confederacy were analagous

to that of bye laws to the supreme law within a State. Under the

proposed Gov^t the powers of the States will be much farther reduced.

According to the views of every member, the Gen^l Gov^t will have powers

far beyond those exercised by the British Parliament, when the States

were part of the British Empire. It will in particular have the power,

without the consent of the State Legislatures, to levy money directly on

the people themselves; and therefore not to divest such _unequal_

portions of the people as composed the several States, of an _equal_

voice, would subject the system to the reproaches & evils which have

resulted from the vicious representation in G. B.

He entreated the gentlemen representing the small States to renounce a

principle w^{ch} was confessedly unjust, which c^d never be admitted, &

if admitted must infuse mortality into a Constitution which we wished to

last forever. He prayed them to ponder well the consequences of

suffering the Confederacy to go to pieces. It had been s^d that the want

of energy in the large states w^d be a security to the small. It was

forgotten that this want of energy proceeded from the supposed security

of the States ag^{st} all external danger. Let each state depend on

itself for its security, & let apprehensions arise of danger, from

distant powers or from neighbouring States, & the languishing condition

of all the States, large as well as small, w^d soon be transformed into

vigorous & high toned Gov^{ts}. His great fear was that their Gov^{ts}

w^d then have too much energy, that these might not only be formidable

in the large to the small States, but fatal to the internal liberty of

all. The same causes which have rendered the old world the Theatre of

incessant wars, & have banished liberty from the face of it, w^d soon

produce the same effects here. The weakness & jealousy of the small

States w^d quickly introduce some regular military force ag^{st} sudden

danger from their powerful neighbours. The example w^d be followed by

others, and w^d soon become universal. In time of actual war, great

discretionary powers are constantly given to the Executive Magistrate.

Constant apprehension of war, has the same tendency to render the head

too large for the body. A standing military force, with an overgrown

Executive will not long be safe companions to liberty. The means of

defence ag^{st} foreign danger, have been always the instruments of

tyranny at home. Among the Romans it was a standing maxim to excite a

war, whenever a revolt was apprehended. Throughout all Europe, the

armies kept up under the pretext of defending, have enslaved the people.

It is perhaps questionable, whether the best concerted system of

absolute power in Europe c^d maintain itself, in a situation, where no

alarms of external danger c^d tame the people to the domestic yoke. The

insular situation of G. Britain was the principal cause of her being an

exception to the general fate of Europe. It has rendered less defence

necessary, and admitted a kind of defence w^{ch} c^d not be used for the

purpose of oppression.--These consequences he conceived ought to be

apprehended whether the States should run into a total separation from

each other, or sh^d enter into partial confederacies. Either event w^d

be truly deplorable; & those who might be accessary to either, could

never be forgiven by their Country, nor by themselves.

[119]M^r Hamilton observed that individuals forming political Societies

modify their rights differently with regard to suffrage. Examples of it

are found in all the States. In all of them some individuals are

deprived of the right altogether, not having the requisite qualification

of property. In some of the States the right of suffrage is allowed in

some cases and refused in others. To vote for a member in one branch, a

certain quantum of property, to vote for a member in another branch of

the Legislature, a higher quantum of property is required. In like

manner States may modify their right of suffrage differently, the larger

exercising a larger, the smaller a smaller share of it. But as States

are a collection of individual men which ought we to respect most, the

rights of the people composing them, or of the artificial beings

resulting from the composition. Nothing could be more preposterous or

absurd than to sacrifice the former to the latter. It has been s^d that

if the smaller States renounce their _equality_, they renounce at the

same time their _liberty_. The truth is it is a contest for power, not

for liberty. Will the men composing the small States be less free than

those composing the larger. The State of Delaware having 40,000 souls

will _lose power_, if she has 1/10 only of the votes allowed to P^a

having 400,000: but will the people of Del: _be less free_, if each

citizen has an equal vote with each citizen of P^a He admitted that

common residence within the same State would produce a certain degree of

attachment; and that this principle might have a certain influence in

public affairs. He thought however that this might by some precautions

be in a great measure excluded: and that no material inconvenience could

result from it, as there could not be any ground for combination among

the States whose influence was most dreaded. The only considerable

distinction of interests, lay between the carrying & non-carrying

States, which divides instead of uniting the largest States. No

considerable inconvenience had been found from the division of the State

of N. York into different districts of different sizes.

[119] From this date he was absent till the ---- of

----.--Madison's Note.

Some of the consequences of a dissolution of the Union, and the

establishment of partial confederacies, had been pointed out. He would

add another of a most serious nature. Alliances will immediately be

formed with different rival & hostile nations of Europes, who will

foment disturbances among ourselves, and make us parties to all their

own quarrels. Foreign Nations having American dominion are & must be

jealous of us. Their representatives betray the utmost anxiety for our

fate, & for the result of this meeting, which must have an essential

influence on it.--It had been said that respectability in the eyes of

foreign Nations was not the object at which we aimed; that the proper

object of republican Government was domestic tranquillity & happiness.

This was an ideal distinction. No Government could give us tranquillity

& happiness at home, which did not possess sufficient stability and

strength to make us respectable abroad. This was the critical moment for

forming such a Government. We should run every risk in trusting to

future amendments. As yet we retain the habits of union. We are weak &

sensible of our weakness. Henceforward the motives will become feebler,

and the difficulties greater. It is a miracle that we were now here

exercising our tranquil & free deliberations on the subject. It would be

madness to trust to future miracles. A thousand causes must obstruct a

reproduction of them.

M^r Pierce considered the equality of votes under the Confederation as

the great source of the public difficulties. The members of Cong^s were

advocates for local advantages. State distinctions must be sacrificed as

far as the general good required, but without destroying the States.

Tho' from a small State he felt himself a Citizen of the U. S.

M^r Gerry, urged that we never were independent States, were not such

now, & never could be even on the principles of the Confederation. The

States & the advocates for them were intoxicated with the idea of their

_sovereignty_. He was a member of Congress at the time the federal

articles were formed. The injustice of allowing each State an equal vote

was long insisted on. He voted for it, but it was ag^{st} his Judgment,

and under the pressure of public danger, and the obstinacy of the lesser

States. The present Confederation he considered as dissolving. The fate

of the Union will be decided by the Convention. If they do not agree on

something, few delegates will probably be appointed to Cong^s. If they

do Cong^s will probably be kept up till the new System should be

adopted. He lamented that instead of coming here like a band of

brothers, belonging to the same family, we seemed to have brought with

us the spirit of political negotiators.

M^r L. Martin remarked that the language of the States being _sovereign

& independent_, was once familiar & understood; though it seemed now so

strange & obscure. He read those passages in the articles of

Confederation, which describe them in that language.

On the question as moved by M^r Lansing. Shall the word "not" be struck

out.

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

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

On the motion to agree to the clause as reported, "that the rule of

suffrage in the 1^{st} branch ought not to be according to that

established by the Articles of the Confederation

Mass. ay. Con^t no. 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.

Doc^r Johnson & M^r Elseworth moved to postpone the residue of the

clause, & take up y^e 8 Resol:

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 79 / 114 题