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ganized into the regular departments, ty of Congress. Under a system
with physical means operating on in- which would operate without the in-
dividuals), to be sanctioned by the peo- tervention of the States, the case would
ple of the States, acting in their origi- be materially altered. A vote from
nal and sovereign character, was con- Delaware would have the same effect
tained in the letters of James Madison as one from Massachusetts or Virgi-
to Thomas Jefferson of the nineteenth nia.” Let it have a negative," con-
of March; to Governor Randolph of tinues Mr. Madison, "in all cases what-
the eighth of April; and to General soever, on the legislative acts of the
Washington of the sixteenth of April, States, as the King of Great Britain
1787.” The two former of these let- heretofore had. This I conceive to be
ters are published, for the first time, essential to the least possible abridg-
in the present collection. The third ment of the State sovereignties. With-
was not inserted by Mr. Madison in out such a defensive power, every posi-
this work, but is found in Sparks's tive power, that can be given on paper,
edition of the Writings of Washing will be unavailing. It will also give
ton. The letter to Randolph of the internal stability to the States. There
eighth of April, which is the one that has been no moment since the peace,
more immediately suggested the sub- when the Federal assent would have
stance of the Virginia plan, indicates been given to paper money, &c. Let
distinctly the three leading points this national supremacy be extended
presented in the Resolutions, viz., the also to the judiciary department. If
substitution of a national Government, the judges in the last resort depend on
organized with executive, legislative, the States, and are bound by their oaths
and judiciary departments, instead of to them and not the Union, the inten-
the existing confederation of inde- tion of the law and the interests of the
pendent States; the proportional vote nation may be defeated by the ob-
of the States in both branches of the sequiousness of the tribunals to the
national Legislature, instead of the policy or prejudices of the States. It
equal vote, allowed in the Congress of seems, at least, essential that an ap-
the Confederation ; and the negative by peal should lie to some national tri-
the national Government on the acts bunals in all cases which concern
of the States, to be exercised through foreigners, or inhabitants of other
the legislative departments as well as States."
the judiciary.

In regard to the proposed negative In regard to the first and second of by the General Government upon the these points, Mr. Madison remarks in acts of the State Legislatures, Mr. the letter to Randolph, above alluded Madison remarks, in the Introduction to, that " he holds it for a fundamental to the Debates, that " the feature in point, that an individual independence these letters, which vested in the genof the States is utterly irreconcilable eral authority a negative on the laws with the idea of an aggregate sover- of the States, was suggested by the eignty. “I think,” says he, “at the negative in the head of the British same time, that a consolidation of the empire, which prevented collisions beStates into one single republic is not tween the parts and the whole, and more unattainable, than it would be ex- between the parts themselves. It was pedient. Let it be tried then, whether supposed, that the substitution of an any middle ground can be taken, which elective and responsible authority, for will at once support a due supremacy an hereditary and irresponsible one, of the national authority, and leave in would avoid the appearance even of a force the local authorities, so far as departure from republicanism. But, they can be subordinately useful. The although the subject was so viewed in first step to be taken is, I think, a the convention, and the votes on it were change in the principle of representa- more than equally divided, it was tion. According to the present form finally and justly abandoned, as, apart of the Union, an equality of suffrage, from other objections, it was not pracif not just towards the larger members ticable among so many States, increasof it, is, at least, safe to them, as the ing in number, and enacting, each of liberty they exercise of rejecting or ex- them, so many laws. Instead of the ecuting the acts of Congress, is un- proposed negative, the objects of it controllable by the nominal sovereign- were left as in the Constitution.”

In the above remark, “that the State. In the year 1819, the journal of votes upon this question were more than the Convention was published by order once equally divided,” Mr. Madison, of Congress under the direction of the probably from defect of memory at department of State, and a copy of the the time when the Introduction to the missing paper was, at that time, furDebates was written, has hardly done nished by Mr. Pinckney himself. It justice to the favor with which the appears, however, that some doubt proposal was received by the Conven- may be entertained; whether the paper iion. The clause, as it stands in Mr. thus furnished, is a correct copy of the Randolph's plan, giving authority to one presented to the Convention. Mr. the national Legislature to negative all Madison, in a note on the subject, State laws contravening the articles of points out several discrepancies beunion, was taken up for the first time tween the suggestions made in the on the 31st of May, and agreed to plan, and the course taken in debate by without debate or dissent.' The vote the author. The plan, for example, was afterwards reconsidered on motion provides, that the members of the of Mr. Pinckney, with a view not to House of Representatives shall be an abridgment, but to an extension of chosen by the people, while the author, the power previously given; and on on the 6th of June, a few days only the 8th of June he proposed, “that a after the draft was presented and after national Legislature should have au- giving previous notice, opposed that thority to negative” (not only such method and recommended an election State laws, as might, in their opinion, by the Legislatures of the States. contravene the articles of union and There is an exact coincidence between existing treaties, but all laws which the language of the plan and that of they should judge to be improper.” the Constitution as adopted, in several Mr. Madison seconded, and strongly passages, in which the language of supported the motion, which was also the Constitution was the result of resupported in debate by Mr. Wilson and peated discussions and amendments, Mr. Dickinson. It was lost by a vote and could not, of course, have been of seven to three; Massachusetts, Penn- anticipated at the commencement of sylvania, and Virginia being in favor of the proceedings. Mr. Madison conit; Delaware divided; Connecticut, jectures, we think with great probabiliNew Jersey, New York, Maryland, ty, that the paper, communicated North Carolina, South Carolina, and to the department of State by Mr. Georgia against it. The vote, which Pinckney, was a rough draft, on which had been taken on the 31st of May, the author had interlined a portion of was not, however, at this time altered; the proceedings of the Convention which and in the report made by Mr. Gor- was subsequently confounded with the ham on the 13th of June, of the pro- original text. This plan was not di. ceedings of the committee of the whole rectly acted on either in committee of on Mr. Randolph's resolutions, the the whole, or in the Convention. It was clause stands as originally offered, with referred, with the plan of Mr. Patterno other alteration than the addition, son, to the committee of detail,” made on motion of Dr. Franklin, when which was appointed on the 24th of the subject was first considered, of July, to report the draft of a Constitu“ existing treaties ” after “articles of tion upon the basis of the resolutions union.” We shall advert to this point previously adopted. again hereafter.

There is a general resemblance beOn the same day on which Mr. tween the plan proposed by Mr. PinckRandolph presented his resolutions, ney and the Constitution, as adopted, Mr. Charles Pinckney proposed a plan, which, with the direct coincidence in in the form of a draft or projet of a language in several passages above alcomplete constitution of government. luded to, would render the document No copy of this document was taken curious, if the correctness of the copy by Mr. Madison, nor was the original could be depended on. The unceron file among the papers of the Con- tainty that exists on this point, in a vention, which remained in the cus- great measure deprives it of value. tody of Washington and were deposit. The leading ideas are substantially ed by him, while President of the the same as those contained in the plan United States, in the department of of Mr. Randolph. It is, therefore, not photo


to be regarded as the expression of any 10th of June, when, on motion of Mr.
political opinion, prevailing in the Con- Patterson, seconded by Mr. Brearley,
vention, distinct from that represented both of New Jersey, the subject of the
by Randolph's Resolutions, but merely mode of suffrage in the Legislature,
as another draft on substantially the which had been postponed on motion
same basis. For this reason, as well of Mr. Read, of Delaware, was re-
as the uncertainty in regard to the cor- sumed.
reciness of the copy, we deem it unne. It then appeared that in the interval,
cessary to insert the document here. which had since elapsed, the State.

On the 30th of May, the day after Rights party had matured their ideas,
these two plans had been offered, the and were prepared to take decided
Convention went into committee of the ground. Messrs. Brearley and Patter-
whole on the state of the Union, Mr. son both spoke at length in opposition
Gorham, of Massachusetts, in the to the plan of a proportional vote; and
chair; and on that day, and several the latter took the occasion to express
succeeding ones, took up, successively, himself strongly against the general
and acted on the whole of Mr. Ran- scheme of a national government, or
dolph's Resolutions. The State-Rights any material variation from the Arti-
party do not appear at this time to cles of the Confederation, “ which
have matured their ideas sufficiently to were," as he said, “the proper basis of
act upon them with much decision, all the proceedings.” “The commis-
and the leading points in the Virginia sions under which we acted,” he conti-
plan were agreed to with little, and, in nued, “ were not only the measure of
some cases, with no opposition. On our powers; they denoted also the sen-
the first day, after a very short discus- timents of the States on the subject of
sion, the grand principle which was our deliberations. We have no power
to serve as the basis for the whole re- to go beyond the Federal scheme;
form--the substitution of a regularly and if we had, the people are not ripe
organized national Government for the for any other. We must follow the
existing confederacy--was agreed to by people; the people will not follow
a very unanimous vote, Massachu- us."
setts, Pennsylvania, Delaware, Virgi- The discussion was continued through
nia, North Carolina, and South Caro- the day, and resumed on the following
lina, being in favor of it; Connecticut one. In the debate of the 11th, Mr.
only against it; New York, divided. Sherman, of Connecticut, suggested for
On the same day the question of the the first time the plan, which was
proportional vote in the national Le- finally adopted at a later period of the
gislature was taken up, and, on motion proceedings, though it did not now pre-
of Mr. Madison, seconded by Gouver- vail, of a proportional vote in the House
neur Morris, the principle “ being,"as of Representatives, and an equal vole
the Report says, “ generally relished, in the Senate. On the same day the
would have been agreed to," had not a proportional vote on the first branch was
postponement been moved by Mr. agreed to on motion of Mr. King, of
Read, of Delaware, on the ground that Massachusetts, seconded by Mr. Wil-
the delegates from that State were pro- son, of Pennsylvania, by a vote of seven
hibited by positive instructions from to three--Massachusetts, Connecticut,
agreeing to a change in the rule of Pennsylvania, Virginia, North Caro
suffrage. The subject was accordingly lina, South Carolina, and Georgia, be-
postponed. On the following day, as ing in favor of it; New York, New
has been already remarked, the third Jersey, and Delaware, against it; and
leading principle, of a negative by the Maryland, divided. The rule of pro-
General Government on all acts of the portion, as it stands in the Constitution,
States, inconsistent with the articles of was then adopted, on motion of Messrs.
union, “ was agreed to without debate Wilson and Pinckney, by the same
or dissent.” Thus the basis of the pro- vote, with the difference that New
posed reform was substantially settled York and Maryland now voted in the
on the first day, almost without discus- affirmative, making the numbers nine
sion or difference of opinion; and the to two. Mr. Sherman, seconded by
debates proceeded with great unanimi. Mr. Ellsworth, now proposed his sug-
ty for several days on matters of com- gestion, of an equality of suffrage in the
paratively minor importance, until the Senate, in the form of a regular mon


tion, which was negatived by a vote of ing to Mr. Madison's Report, “ that it six to five-New York, New Jersey, was the wish of several deputations, Connecticut, Delaware, and Maryland, particularly that of New Jersey, that in the affirmative ; Massachusetts, farther time might be allowed them to Pennsylvania, Virginia, North Caro- contemplate the plan reported from the lina, South Carolina, and Georgia, in committee of the whole, and to digest the negative. It was finally decided, one purely federal, and contradistinon motion of Mr. Wilson and Mr. Ha- guished from the reported plan. He milton, by the same vote, that “the said they hoped to have such an one right of suffrage in the second branch, ready by to-morrow to be laid before or Senate, ought to be according to the the Convention: and the Convention same rule, as in the first branch, or adjourned that leisure might be given House of Representatives.” The sub- for the purpose.” Accordingly, on the ject was thus definitely disposed of, following day, June 15th, Mr. Patterand was not resumed till after the Re- son offered the project in question, port of the committee of the whole on which, as the formal expression of one Randolph's Resolutions, where it of the two leading opinions which distands in the form just stated; viz., vided the Convention, we copy entire: “the votes of the States in both branches are to be in proportion to the whole MR. PATTERSON'S RESOLUTIONS. number of white and other free citizens and inhabitants of every age, sex,

"1. Resolved, That the Articles of Conand condition, including those bound to federation ought to be so revised, correctservitude for a term of years, and ed, and enlarged, as to render the Federal three-fifths of all other persons not

Constitution adequate to the exigencies of

in government and the preservation of the comprehended in the foregoing descrip

Union. tion, except Indians not paying taxes « 2. Resolved. That, in addition to the in each State.”

powers vested in the United States in It is curious, considering the change Congress by the present existing Articles in the relative importance of the seve- of Confederation, they be authorized to ral members of the Union, that has pass acts for raising a revenue, by levying since taken place, to find the Empire a duty or duties on all goods, or merchanState identifying herself in interest dise of foreign growth, or manufacture, with her smaller sisters, and sustain- imported into the United States, by stamps ing their policy on this, as on most on paper, vellum, and parchment; and by other occasions, throughout the pro- a postage on all letters or packages passceedings. Of her three delegates, Ha- ing through the general post-office, to be milton only was national; Yates and applied to such federal purposes as they Lansing, constituting the majority, and shall deem proper and expedient; to make giving in most cases the vote of the

the rules and regulations for the collection State, were ultra State-Rights. When

thereof; and the same, from time to time,

to alter and amend in such manner as the great question between a national

they shall think proper; to pass acts for government and a confederacy of the regulation of trade and commerce, as States was finally decided against their well with foreign nations as with each views, the two last seceded from the other; provided, that all punishments, Convention. On the 13th of June, fines, forfeitures, and penalties, to be inMr. Gorham, from the committee of curred for contravening such acts, rules, the whole, reported nineteen resolu- and regulations, shall be adjudged by the tions, expressing, with various modifi- common law judiciaries of the State, in cations of minor importance, substan- which any offence, contrary to the true intially the principles of the Virginia tent and meaning of such acts, rules, and plan.

regulations, shall have been committed or The State-Rights party, having now

w perpetrated, with liberty of commencing, matured their views and taken their

in the first instance, all suits and prosecu

tions for that purpose in the superior ground, appear to have thought the

common law judiciary of such State; subproper time had come for testing their

ject, nevertheless, for the correction of all strength in a formal way. On the

errors, both in law and fact, in rendering 14th of June, the day after the pre- judgment, to an appeal to the Judiciary sentation of Mr. Gorham's Repor, Mr. of the United States. Patterson, who acted as their leader, “3. Resolved, That whenever requisi“ observed to the Convention,” accord- tions shall be necessary, instead of the

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rule for making requisitions, mentioned in captives from an enemy; in all cases of
the Articles of Confederation, the United piracies and felonies on the high seas; in
States in Congress be authorized to make all cases in which foreigners may be in-
such requisitions in proportion to the terested; in the construction of any treaty
whole number of white and other free citi- or treaties, or which may arise on any of
zens and inhabitants of every age, sex, the acts for the regulation of trade, or the
and condition, including those bound to collection of the Federal revenue; that
servitude for a term of years, and three- none of the Judiciary shall be capa-
fifths of all persons not comprehended in ble of receiving or holding any other
the foregoing description, except Indians office or appointment during their term of
not paying taxes; that, if such requisitions service, and for — thereafter,
be not complied with in the time specified “6. Resolved, That all acts of the Uni-
therein, to direct the collection thereof in ted States in Congress, made by virtue
the non-complying States; and for that and in pursuance of the powers hereby,
purpose to devise and pass acts directing and by the Articles of Confederation,
and authorizing the same; provided that vested in them, and all treaties made and
none of the powers, hereby vested in the ratified under the authority of the United
United States, in Congress, shall be exer- States, shall be the supreme law of the
cised without the consent of at least respective States, so far forth as those

States, and in that proportion if acts or treaties shall relate to the said the number of confederated States shall States or their citizens, and that the Judibe hereafter increased or diminished. ciary of the several States shall be bound

“4. Resolved, That the United States, thereby in their decisions, anything in the in Congress, be authorized to elect a Fe- respective laws of the individual States to deral Executive, to consist of per- the contrary notwithstanding; and that if sons, to continue in office for the term of any State, or any body of men, in any

years; to receive punctually, at State, shall oppose or prevent the carrystated times, a fixed compensation for ing into execution such acts or treaties, their services, in which no increase nor the Federal Executive shall be authorized diminution shall be made, so as to affect to call forth the powers of the confederatthe persons composing the Executive ated States, or so much thereof as may be the time of such increase or diminution; necessary, to enforce and compel an obeto be paid out of the Federal Treasury; dience to such acts, or an observance of to be incapable of holding any other office such treaties. or appointment during their term of ser- «7. Resolved, That the rule for natuvice and for years thereafter; to ralization ought to be the same in every be ineligible a second time, and remova- State. ble by Congress on application by a ma- “8. Resolved, That a citizen of one jority of the Executives of the several State, committing an offence in another States; that the Executives, besides their State of the Union, shall be deemed guilty general authority to execute the Federal of the same offence, as if it had been acts, ought to appoint all Federal officers, committed by a citizen of the State in not otherwise provided for, and to direct which the offence was committed.” all military operations; provided that none of the persons composing the Fede. In a note upon this plan Mr. Madi. ral Executive, shall, on any occasion, take son remarks, “that it had been concommand of any troops. so as personally certed among the deputations, or memto conduct any military enterprise, as bers thereof, from Connecticut, New General, or in any other capacity.

York, New Jersey, Delaware, and per“5. Resolved, That a Federal Judiciary haps Mr. Martin, from Maryland, who be established, to consist of a supreme tri- made with them a common cause, bunal, the judges of which to be appointed though on different principles. Conby the Executive; to hold their offices necticut and New York were against a during good behavior; to receive punc- departure from the principle of the tually, at stated times, a fixed compensa Confederation, wishing rather to add a tion for their services, in which no in- few new powers to Congress, than to crease nor diminution shall be made, so as

substitute a national government. The to affect the persons actually in office at

States of New Jersey and Delaware the time of such increase or diminution. That the Judiciary so established shall were opposed to a national govern. have authority to hear and determine, in ment, becay

ment, because its natives considered a the first instance, on all impeachments of proportional representation of the States Federal officers, and, by way of appeal, as the basis of it. The eagerness disin the dernier ressort, in all cases touching played by the members opposed to a the rights of ambassadors ; in all cases of national government from these differ

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