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ganized into the regular departments, ty of Congress. Under a system
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.
On the 30th of May, the day after Rights party had matured their ideas,
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
rule for making requisitions, mentioned in captives from an enemy; in all cases of
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