Washington and the American Republic, Vol. 3.

by Benson John Lossing

Dickinson, Johnson, and Rutledge, had been members of the stamp-act Congress in 1765. The first and last had been compatriots with Washington in the Congress of 1774, and Sherman, Livingston, Read, and Wythe, had shared the same honors. The two latter, with Franklin, Sherman, Gerry, Morris, Clymer, and Wilson, had signed the Declaration of Independence. Washington, Mifflin, Hamilton, and Cotesworth Pinckney, represented the continental army; and the younger members, who became prominent after the Declaration of Independence, were Hamilton, Madison, and Edmund Randolph. The latter was then governor of Virginia, having succeeded Patrick Henry.

The leading speakers in the long and warm debates elicited by the resolutions of Governor Randolph and others, were King, Gerry, and Gorham, of Massachusetts; Hamilton and Lansing, of New York; Ellsworth, Johnson, and Sherman, of Connecticut; Paterson, of New Jersey, who presented a scheme counter to that of Randolph; Franklin, Wilson, and Morris, of Pennsylvania; Dickinson, of Delaware; Martin, of Maryland; Randolph, Madison, and Mason, of Virginia; Williamson, of North Carolina; and the Pinckneys, of South Carolina. Such were the men with whom Washington was associated in the contrivance and construction of a new system of government.

“At that time,” says Curtis, “the world had witnessed no such spectacle as that of the deputies of a nation, chosen by the free action of great communities, and assembled for the purpose of thoroughly reforming its constitution, by the exercise and with the authority of the national will. All that had been done, both in ancient and in modern times, in forming, moulding, or modifying constitutions of government, bore little resemblance to the present undertaking of the states of America. Neither among the Greeks nor the Romans was there a precedent, and scarcely an analogy.”

The great political maxim established by the Revolution was the original residence of all human sovereignty in the people; and the statesmen in the federal convention had scarcely any precedent, in theory or practice, by which they might be governed in parcelling out so much of that sovereignty as the people of the several states should be willing to dismiss from their local political institutions, in making a strong and harmonious federal republic, that should be at the same time harmless toward reserved state-rights.

Randolph's resolutions proposed: First, To correct and enlarge the Articles of Confederation, so as to accomplish the original objects of common defence, security of liberty, and general welfare. Secondly, To make the right of suffrage in the national legislature proportioned to the quotas of contribution, or to the number of free inhabitants, as might seem best in different cases. Thirdly, To make the national legislature consist of two branches; the members of the first to be elected by the people of the several states at certain intervals for a specified term. They were to be of a prescribed age, entitled to liberal emolument for their public services, and to be ineligible to any office, state or federal, except such as pertained to the functions of that first branch, during their service; also to be ineligible to re-election until after a certain space of time succeeding their term of service. Fourthly, To have the members of the second branch elected by those of the first from among those who should be nominated by the state legislatures; to hold their offices “for a term sufficient to insure their independency;” to be liberally paid for their services, and to be subject to restrictions similar to those of the first. Fifthly, To have each branch invested with power to originate acts; to give the national legislature the right to legislate in all cases where the state governments might be incompetent, or in which the harmony of the confederation might be interrupted by the exercise of individual legislation; to negative all laws passed by the individual states that might contravene the articles of union; and to call forth the whole Union against any member of the confederation that should fail to fulfil its stipulated duty. Sixthly, To institute a national executive, to be chosen periodically, liberally remunerated, and to be ineligible to a second official term. Seventhly, To constitute the executive and a convenient number of the national judiciary a council of revision, who should have authority to examine every act of the national legislature before it should operate, and of every individual legislature before a negative thereon should be final, the dissent of said council amounting to a rejection unless such act be again passed, or that of such particular legislature should be again negatived by a specified number of members of each branch. Eighthly, To establish a national judiciary, the members of which should hold office during good behavior; and to define their duties, powers, privileges, and emoluments. Ninthly, To provide for the admission of new states into the Union. Tenthly, To guaranty a republican form of government to each state and territory. Eleventhly, To provide for a continuation of a Congress with its delegated powers, until a new constitution should be established. Twelfthly, To make provision for the amendment of the article of union whenever it should seem necessary, the assent thereto of the national legislature to be required. Thirteenthly, To require the legislative, executive, and judiciary powers within the several states to be bound by oath to support the Union. Fourteenthly, To submit the amendments made by the convention, after the approbation of the same by Congress, “to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon.”

Upon general principles, the scheme of Randolph, called the “Virginia plan,” was highly approved; but there were many zealous and pure-minded patriots in that convention, who regarded the preservation of state sovereignty, in all its integrity, as essential to the stability of the republic. Holding the “Virginia plan” to be an infringement upon the prerogatives of such sovereignty, they opposed it with vehemence. This plan and a sketch submitted by Charles Pinckney, which appears to have furnished the outline of the constitution as finally adopted, was referred to a committee.

The question arose at the beginning, and frequently recurred, “What limit has the convention in revising the Articles of Confederation? and has it power to prepare an entirely new system of government?” It was properly argued, that as a favorably-received resolution in Mr. Randolph's plan proposed to submit the matter finally to popular conventions in the several states, that question need not to be considered.

The debates were carried on warmly, day after day, in committee of the whole house, and the convention soon became divided into national and state-rights men, the representatives of six of the states being in favor of the broad national view, and five for the state-rights view.

Randolph's resolutions were taken up consecutively and debated for a fortnight, when, after many modifications, they were reported back to the house. Paterson, of New Jersey, then immediately brought forward a counter scheme, which was called the “New Jersey plan,” and embodied the peculiar views of the state-rights party. It proposed to preserve the continental Congress as the federal legislature, with additional power to levy duties on foreign importations; to impose stamp and postage taxes; to collect, without hinderance, requisitions not promptly met by the states; and to regulate commerce with foreign nations. It proposed a plural federal executive and a federal judiciary, and made acts of Congress and foreign treaties supreme laws.

Paterson's plan and Randolph's modified resolutions were referred to a new committee, and the whole question concerning a national government was again considered. Again debates ran high. In the course of these, Hamilton, who had come into the convention with more courage and fixed plan than any other member, avowed his dissent from both the schemes before the committee. He was listened to with the most profound respect; and gray-haired men, as they looked upon his delicate form and youthful features, were filled with wonder at the display of his great genius for political construction, his extensive knowledge of the means by which true conservative liberty might be secured, and his thorough comprehension of the wants and resources of his country. He had come into the convention fully prepared to propound a solution of the great questions which he knew would perplex the members; and at the close of an elaborate and in many respects most extraordinary speech, he offered a written sketch of a system, not, he said, for discussion in the committee, nor with the idea that the public mind was yet prepared for it, but as explanatory of his own views and introductory to some amendments he intended to propose. He then departed for New York, leaving his two colleagues, who took the state-rights view of the matter, to represent his state in the convention. They too soon left, and never returned.