J K 
 
 UC-NRLF 
 
 SB 22 MMS 
 
 Si 
 
 ILLUSTRATE; OP THE 
 
 PRACTICAL TENDENCIES 
 
 i'BL.LlPLES, ,". rc] INFLUENCES 
 
 LEADING MEN 
 
 IN TIIS ORIGINATION OF THE 
 
 M K 11 1 C A. iN" U JS ION 
 
 AND IN III! 
 
 FORMATION AND SUCCESSIVE ADMINISTRATIONS 
 
 THK ( 
 
 BY THADD1U 
 
 
 BOSTON 
 HERS, PR] 
 
 C R 
 
 -J 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 Microsoft Corporation 
 
 http://www.archive.org/details/factsillustrativOOallerich 
 
FACTS 
 
 ILLUSTRATIVE OF THE 
 
 PRACTICAL T NDENCIES 
 
 DISTINCTIVE VIEWS, PRINCIPLES, AGENCIES, AND INFLUENCES 
 
 LEADING MEN 
 
 IN THE ORIGINATION OF THE 
 
 AMEEICAN UNION, 
 
 AND IN THE 
 
 FORMATION AND SUCCESSIVE ADMINISTRATIONS 
 
 THE GOVERNMENT, 
 
 BY THADDEUS ALLEN, A.M. 
 
 TRUTH OUR AIM : FACTS OUR GUIDE. 
 
 BOSTON: 
 PRATT BROTHERS, PRINTERS, 37* CORNHILL, 
 
 1868. 
 
L Afc 
 
 Entered, according to Act of Congress, in the year 1868, by 
 
 THADDEUS ALLEN, 
 
 In the Clerk's Office of the District Court of the District of Massachusetts. 
 
 - . . . . 
 
FACTS TO GUIDE AMERICANS. IN 1866, '67, '68, ETC. 
 
 [Note. — These first eight pages were prepared, and intended to be published 
 by themselves, in I860.] 
 
 In this year of our Lord, 1866, the alarmingly complicated 
 derangements in the vital affairs of the Nation, and the con- 
 flicting views and opinions of its Rulers respecting their 
 cause and their remedy, so much resemble those recorded in 
 the latest and most disheartening years of the Confederation, 
 that the question naturally arises — a question now of special 
 public interest — whether these existing derangements, and 
 those so recorded, really had, as they appear to have had, 
 one and the same paternity ; and, if so, when and in what 
 manner were first manifested the agencies and influences 
 which caused them ? 
 
 Considering the late urgent and frequent appeals to the 
 people of the United States to maintain and preserve the 
 Constitution as it is, thus assuming it to be perfect in all its 
 parts ; and considering, also, that those appeals are made 
 while the Government — administered professedly according 
 to its sanctioned provisions — is in so unsettled and pre- 
 carious a condition as to produce deep anxiety and agitation 
 throughout the country, it seems to be quite time to inquire 
 with more care and discrimination into the origin and nature 
 of the two sections in that incomparable Charter of the 
 Fathers, which relate to the election of Representatives to 
 Congress. 
 
 The expediency of this can hardly fail to be perceived by 
 every one who realizes the fact, that the characteristic ten- 
 dency and legitimate results of the transfer of national power 
 from Congress to the several States, by those two Sections, 
 are now being clearly, and, to many at least, most calami- 
 tously illustrated by " my policy " in the administration of 
 the Government. 
 
 In aid of the inquiry alluded to, it may be stated that, on 
 the 24th of July, the memorable Convention of 1787 appointed 
 five of their members a committee, called by them the Com- 
 mittee of Detail, to more suitably arrange their " proceedings 
 for the establishment of a National Government." 
 
 At the opening of their business, May 29th, Mr. Charles 
 Pinckney, of South Carolina, offered a series of propositions 
 
2 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 in a form similar to that of the Constitution ; and, on the 
 26th of July, the Convention referred those propositions of 
 Mr. Pjnckney, together with their previously adopted Reso- 
 lutions, to that Committee of Detail appointed " to prepare 
 and report a Constitution conformable thereto.'' In the 
 twenty-three Resolutions so referred, the following is all that 
 related to the manner of electing those Representatives : — 
 
 " Resolved, That the first branch of the [National] Legislature ought 
 to be elected by the people of the several States, for the term of two 
 years." 
 
 Below are the propositions of Mr. Pinckney on the 
 
 subject. 
 
 Article III. — M The members of the House of Delegates [Representa- 
 tives] shall be chosen every year by the people of the several 
 
 States, and the qualifications of electors shall be the same as those of the 
 electors in the several States for their Legislatures." 
 
 Article V. — " Each State shall prescribe the time and manner of hold- 
 ing elections by the people for the House of Delegates [Representatives]." 
 
 Next are those two Sections in the Constitution. 
 
 Article I., Section 2d. — " The House of Representatives shall be com- 
 posed of members chosen every second year, by the people of the several 
 States ; and the electors in each State shall have the qualifications requi- 
 site for electors of the most numerous branch of the State Legislature." 
 
 Section 4th, of the same Article. — "The times, places, and manner of 
 holding elections for Senators and Representatives, shall be prescribed in 
 each State by the Legislature thereof; but the Congress may at any time, 
 by law, make or alter such regulations, except as to the place of choosing 
 Senators." 
 
 If these tw T o sections are accurately compared with the 
 above Resolution, and with Mr. Pinckney's Articles (3d and 
 5th), there could seemingly be little doubt in what quarter 
 their objectionable features originated. Mr. Rutledge, like- 
 wise of South Carolina, was a member of that Committee of 
 Detail. They delivered in their Report, August 6th. 
 
 When the last clause of Section 4th was taken up in the 
 Convention (the clause appended by the Committee to Mr. 
 Pinckney's Article 5th), " Mr. Pinckney and Mr. Rutledge 
 moved to strike it out. The States, they contended, could 
 and must be relied on in such cases." 
 
 If these immediately preceding facts are considered jointly 
 with the result of such comparison, there could seem to 
 remain no doubt that those objectionable features originated 
 in the deep-seated and too lasting jealousies and prejudices of 
 the notoriously erratic State of South Carolina. Had their 
 consequences been limited to that period of time, and to the 
 comparatively unimportant territory of that single State, it 
 would have been a matter of little interest to the great 
 American Republic, to trace those consequences ; but since 
 they have not only continued, but so increased and pre- 
 vailed through the whole Southern portion of the Union, 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 3 
 
 and still exist by far too extensively in the Northern, it 
 seems a matter of general interest, to direct attention to the 
 manner in which some of the other members of that Conven- 
 tion, then representing a majority of the people, regarded the 
 tendency of those two Sections, even as they were suffered 
 to stand in the Constitution 
 
 As already mentioned, the Committee of Detail reported 
 to the Convention, August 6th. 
 
 August 1th. — Section 2d, requiring that " the electors in 
 each State shall have the qualifications requisite for electors 
 of the most numerous branch of the State Legislature/' being 
 taken up, the member who reported it argued, that " it was 
 difficult to form any uniform rule of qualifications for the 
 States. Unnecessary innovations, he thought, too, should be 
 avoided." « 
 
 Mr. Gouverneur Morris [of Pennsylvania], after answering 
 the arguments used in support of it, added, " Another objec- 
 tion against the clause, as it stands, is, that it makes the qualifi- 
 cations for the National Legislature depend on the will of the 
 States, which he thought not proper." 
 
 August 8th. — The Convention taking up the part of Sec- 
 tion 2d concerning the prerequisite residence for a member 
 of the House of Representatives, " Mr. Rutledge urged 
 and moved that a residence of seven years should be required 
 in the State wherein the member should be elected. An 
 emigrant from New England to South Carolina or Georgia 
 could know little of its affairs, and could not be supposed 
 to acquire a thorough knowledge, in less time." 
 
 " Mr. George Read [of Delaware] reminded him that we 
 were now forming a National Government, and that such a 
 regulation would correspond little with the idea that we 
 were one people." 
 
 " Mr. James Wilson [of Pennsylvania] enforced the same 
 consideration." 
 
 Mr. John Francis Mercer* [of Maryland]. — "Such a 
 regulation would present a greater alienship than existed 
 under the old Federal system. It would interweave local 
 jealousies and State distinctions in the very Constitution 
 which is meant to cure them." 
 
 August dth. — It was on that day that Section 4th, respect- 
 ing " The times, places, etc., came under consideration, as 
 mentioned before, when Mr. Pinckney and Mr. Rutledge 
 moved to strike out the last clause, contending that the 
 States " could and must be relied on in such cases." 
 
 Mr. Nathaniel Gorham [of Massachusetts]. — " It would 
 be as improper to take this power from the National Legisla- 
 ture as to restrain the British Parliament from regulating 
 
 * Mr. Mercer took his seat in the Convention, Aug. 6th. 
 
AS THEIR 
 
 the circumstances of elections, leaving this business to the 
 counties themselves." 
 
 Mr. James Madison 1 [of Virginia]. — "The necessity of a 
 
 •General Government seems to decide that the 
 
 Legislatures of the States ought not to have the uncontrolled 
 •right of regulating the times, places, and manner, of holding 
 elections. These were words of great latitude. It was im- 
 possible to foresee all the abuses that might be made of such 
 
 discretionary power [in the States] It seemed 
 
 as improper in principle, though it might be less inconven- 
 ient in practice, to give to the State Legislatures this great 
 authority over the election of the Representatives of the peo- 
 ple in the General Legislature, as it would be to give to the 
 latter a like power over the election of their Representatives 
 in the State Legislature." $ 
 
 Mr. Rufus King [of Massachusetts]. — "If this power be 
 not given to the National Legislature, their right of judging 
 of the returns of their members may be frustrated. . . . 
 Although the scheme of erecting the General Government 
 on the authority of the State Legislatures has been fatal 
 to the Federal establishment, it would seem as if many gen- 
 tlemen still fostered the dangerous idea." 
 
 The above extracts from Mr. Madison's " Journal of De- 
 bates in the Convention " indicate clearly that both classes 
 of the members equally considered the Legislative, as the 
 department of Government to be possessed of the entire 
 and exclusive authority over those elections. On that sub- 
 ject, therefore, the only question between them was, whether 
 that authority should be vested in the National Legislature, 
 to secure the requisite uniformity through all parts of the 
 Union ; or whether the conditions of those elections should 
 be subjected to the control of the discordant jealousies and 
 prejudices of the several State Legislatures. 
 
 Thus, the issue between them appears to have been of the 
 same nature as that now pending between Congress and the 
 President, — the same as was manifested through the whole 
 course of the debates in the Convention, — and, indeed, of 
 the same nature as that which has in varied degrees dis- 
 turbed and agitated the Republic, from the autumn of 1775, 
 to the present time. 
 
 Who can tell the number or amount of the wide-spread- 
 ing evils which have been experienced in that period, from 
 the excess of power in the States, acquired principally by 
 their own assumptions, but in no small measure by the too 
 great concessions to them in parts of the Constitution? 
 
 Fortunately, Congress have so perceived some of those 
 evils, now most imminent, that they have attempted the only 
 effectual remedy, by proposing a necessary amendment to 
 the time-honored Charter of National Freedom. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 5 
 
 That such a measure has become necessary, can admit of 
 no fair question or doubt, when we consider the above two 
 sections in the Constitution with reference to a peculiar 
 policy recently adopted to restore to their former relations in 
 the Union the people of the territory lately in rebellion 
 against the nation. 
 
 Without some preliminary measure to effectually prevent 
 further mischiefs from those two sections, an attempt to bring 
 them into the Union by the action of those artificial beings 
 called States, — as they went out, — rather than by the action 
 of the loyal portion of the inhabitants of that territory, would 
 be virtually an attempt to surrender to the States the power 
 and duty of the National Government to defend and protect 
 those inhabitants, and thereby to expose them to whatever 
 persecutions and cruelties their treasonable neighbors and 
 State Legislatures might be prompted to inflict upon them. 
 It would be, moreover, at once to relinquish all the security 
 that has been gained by the immense sacrifices of blood and 
 treasure in the war, and to renew the liability to a repetition 
 of like calamities in future. 
 
 Few as are the preceding extracts from the debates, they 
 indicate the too generally unregarded fact, that in 1787, as 
 well as before and since, there were in the United States two 
 distinct classes of patriotic statesmen, — early divided from 
 each other by their different conceptions as to the kind of 
 principle whereon to form a plan or system of government, 
 and of all general operations, either civil or military, best 
 calculated to meet the various accumulating new and untried 
 exigencies, all of which they had been selected to provide 
 for. 
 
 They indicate no less intelligibly, also, that the members 
 of one of those classes directed their attention and care chief- 
 ly to local or State concerns, and earnestly and too success- 
 fully labored to transfer to the States essential powers which 
 the general welfare required to be possessed and exercised 
 by the National Government; and that the other class, — 
 whether in or out of the convention, — while recognizing the 
 importance of State authorities, regarded them as subordinate 
 and auxiliary to the infiuitely more important whole ; and, 
 accordingly, believing the substantial interests of the States 
 to be best provided for by securing the interests of the peo- 
 ple composing them, they exerted strenuously and persever- 
 ingly their utmost energies for the establishment of a National 
 Government, of adequate efficacy, stability, and permanency, 
 to secure the peace and freedom of all the people in all the 
 States. 
 
 The records show, that the principle of this latter class was 
 adopted as fundamental in the formation of the Union, in 
 1774; that it was observed as the basis of all plans of opera- 
 tion in the military department during the war for Independ- 
 
6 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 ence ; and that the wisest, ablest, and most experienced 
 statesmen of that period, regarded it as the true principle of 
 the Union and Government, till the close of their lives It is 
 likewise shown hy the records, that the principle of the for- 
 mer class, the class above represented by Mr. Pinckney and 
 Mr. Rutledge, was first publicly manifested in the autumn of 
 1775 ; that it originated in the peculiar conceptions of a few 
 then leading members of Congress, whose mental bias and 
 prejudice prompted them to renounce the principle of Union 
 on which they had unitedly begun, and, thus seceding from 
 their colleagues, to adopt as the basis of their system, a prin- 
 ciple far different in its stead. That was the first actual 
 secession in the United States, and the first practical applica- 
 tion of the principle on which has since been claimed a right 
 of nullification and secession. 
 
 That justly celebrated band of Patriots was in that manner 
 sundered into two political classes or parties. 
 
 Thenceforward, for years, there were practically employed 
 in conducting public operations two distinct systems, which 
 were soon found to be — and they continued so to be through 
 the stupendous war of Revolution — as widely divergent in 
 tendency as they were palpably different in principle. 
 
 It should be observed that each of those principles was 
 applied in directing public affairs — one in the military, the 
 other in the civil department — long before the theory founded 
 en either of them was formed into a system of government. 
 
 The one thus and then adopted prevailed in the adminis- 
 tration of those affairs in the civil department, from that time 
 till the organization of the government under the Constitu- 
 tion, in 1789. 
 
 The speedily resulting derangements, extending to every 
 public department, and almost continually increasing to their 
 consummation in the awfully anarchical condition of the coun- 
 try in 1787, so thoroughly convinced the people of the radi- 
 cal defect and perilous tendency of the system, that a major- 
 ity of them firmly resolved to abandon altogether the principle 
 on which it had been founded, and to substitute the principle 
 of the other system. For that purpose thaj called forth 
 those ever memorable benefactors, who had been first and 
 foremost in achieving Independence, as the class most reli- 
 able for counsel and guidance, and most competent to regu- 
 late and secure the freedom which they had so nobly won ; 
 and the event proved the wisdom of their course. 
 
 Opposed in the Convention as in the war of Revolution, by 
 a class numerically scarcely less than their own, that now 
 imperfectly appreciated class whose chief was Washington, 
 by oft-repeated and persistent efforts during more than three 
 months, so far succeeded, in spite of such opposition, as to 
 restore to the Union the amount of self-sustaining and con- 
 servative power there is in the Constitution. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 7 
 
 Called afterward to administer the government which they 
 had so largely contributed to form and establish, they u as by 
 magic w raised the then existing generation from the very 
 verge of bewildering anarchy to a condition of peace, order, 
 and prosperity. 
 
 So then, as always, the direct tendency of the former sys- 
 tem was, to disarrange and subvert ; that of the latter, to 
 regulate and establish. These truths the people of that 
 period thoroughly and practically learned, by their impres- 
 sive experiences of the opposite results from the two sys- 
 tems; and, in so learning them, they learned what counsels 
 and examples to confide in and follow, and what to distrust 
 and avoid. Unutterably fortunate it was for themselves, and 
 for the successive generations after them, that they at the 
 same time learned how to relieve and save their then greatly 
 depressed and imperiled country. 
 
 Much as it should be regretted, the main facts, especially 
 those relating to that period, have been so perverted or ob- 
 scured by many writers and speakers respecting the nature 
 and formation of the American Union and Government, that 
 only through the original records can be obtained the prac- 
 tical knowledge of those experiences, which guided the peo- 
 ple so well then, and which is exceedingly needful, if not 
 indispensable, to guide the people as well now, in 1866. 
 
 Viewing the foregoing facts in connection with the re- 
 markable political experiences of this year, and of sev- 
 eral preceding years, it would seem that intelligent patriot- 
 ism might be prompted to more efficient and persevering en- 
 deavors to distinguish the respective agencies and influences 
 of the two classes, and their respective bearings upon the 
 great interests of the country. 
 
 But few seem to know, or care to inquire, whether the 
 Government of the United States has been administered 
 by Franklin Pierce, James Buchanan, and Andrew John- 
 son, more in accordance with the true, original principle 
 of the Union and the Constitution, than with that of the pre- 
 vious system, called the Confederation ; or, in other words, 
 whether it has been administered by them more in accord- 
 ance with the political theory of George Washington than 
 with that of Thomas Jefferson. 
 
 However regarded, here is suggested a distinction, on 
 the observance of which depend, as hitherto and ever, the 
 vital interests, the peace, the security and prosperity of 
 the American nation. It is a distinction which every one 
 in a position of influence in the Government ought to be able 
 to promptly and truly define. No American statesman or 
 citizen should pretend to possess a practical knowledge of 
 the political history of his country, unless he has accurately 
 lo iiiiod the distinctive tendency of each of those theories, 
 as that tendency has been developed by its results in the 
 
8 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 successive generations since the commencement of the 
 Union. As long as he is unable to so mark those tenden- 
 cies respectively, as to clearly distinguish each from the 
 other, so long the plain teachings of his nation's varied ex- 
 periences will appear to him confused and unintelligible, and, 
 therefore, afford no practical guidance. 
 
 Pending the preposterous war of rebellion, its horrors 
 were greatly alleviated in the minds of the very many, who 
 confidently anticipated as a consequence the long-needed 
 correction of that radical error in the public sentiment of 
 the people, and in the public measures of their rulers, which, 
 stealthily increasing and advancing, had given birth to the 
 attempt of a State to nullify laws of the United States, and, 
 remaining still uncorrected, had at length misled a confiding 
 nation even to a condition so terrific and calamitous. 
 
 But the multiplied complications in the vastly momentous 
 concerns of the country since the close of actual war, and 
 some of the schemes proposed for regulating and adjusting 
 them, indicate too plainly that such anticipations are yet far 
 from being realized, and that there is now no little occasion 
 for a renewal of the knowledge and application of those les- 
 sons of warning as well as of encouragement, which were so 
 thoroughly and practically learned from the widely-different 
 experiences in the first quarter of a century from the nation's 
 beginning, — that fundamental period of American institutions. 
 
 Those different or rather opposite experiences, considered 
 then as the unmistakable evidences of the specific tendency 
 of the theory or principle from which they respectively result- 
 ed, were regarded by that generation as the true and infalli- 
 ble lessons for political guidance, not only in that period but 
 in all the subsequent periods of independent America. 
 
 Those lessons, however, are not imparted or acquired by 
 now and then quoting indiscriminately some of those memo- 
 rable men, wffo collectively are justly regarded as Fathers 
 of the Revolution. Indiscriminate references to those fa- 
 thers must appear of little significance to every one who 
 knows the fact, that, on a near view of an absolute and final 
 separation from Great Britain, no inconsiderable number of 
 them, from their peculiar mental bias and temperament, as 
 already shown, renounced the national principle on which 
 they had all begun, and adopted another. ^Adequate knowl- 
 edge of those lessons is possessed by only those who have 
 correctly learned the distinctive tendency of each of those 
 principles, which those two classes of patriots, whether in the 
 cabinet or field, respectively adopted as its peculiar basis of 
 every public arrangement. 
 
 May the people gain such knowledge from the original 
 records to be found in subsequent pages, and then practically 
 apply it as wisely for present and future exigencies as did 
 the generation of that period. f 
 
 * See page G. t See page 7. 
 
But the increased and still increasing complications in 
 national affairs, in 1867, '68, and the no less conflicting opin- 
 ions and plans for regulating and adjusting them, when viewed 
 with reference to the seemingly unnoticed cause from which 
 they mainly proceeded, appear to afford little prospect "of~~ 
 enduring advance in that direction, till the people and their 
 rulers so learn the distinctive character of the agencies and 
 influences of the several leading men in the birth-period of 
 the Nation, that they may be enabled to fully and practically 
 understand how those renowned patriots respectively affected 
 the nature of the Union, — whether for good, or whether for 
 evil, — first, in the various stages of the Revolution, then in 
 the formation of the Constitution, and again in the adminis- 
 tration of the Government. 
 
 To be satisfied of the infinite importance of possessing and 
 disseminating such knowledge throughout every section of 
 the country, requires only to adequately conceive how clearly 
 the widely different political views and influences, which 
 agitate the nation so deeply now, are traceable to their origin 
 and their respective authors in that period wherein so vastly 
 diverse plans of general operations were formed. 
 
 That the same influences, unchanged in character, though 
 successively varied in relative degrees, have descended 
 through the generations, to the present time, cannot be truth- 
 fully denied or reasonably doubted. 
 
 The great misfortune has been, that those tending to dis- 
 turb, disorganize, and unsettle, have too often and too much 
 prevailed over those which invariably tend to tranquillize, 
 regulate, and establish. 
 
 In this connection, some may recollect the significant fact, 
 that, both during the still-oontinued precarious condition of 
 the nation, and through the long course of influences and 
 events which led to it, not only reputed politicians, but 
 respected orators, editors, and even honored historians and 
 biographers, have repeatedly and most emphatically cited, as 
 model Statesmen, some of the most prominent members of 
 that class of the fathers, who have been twice referred to as 
 the authors of that system,* which twelve years' experience 
 of its legitimate results taught the people of 1787 to entirely 
 abandon and repudiate, as constantly tending to political 
 confusion and disaster. 
 
 Though so much to be lamented, such radically misguiding 
 exhibitions will excite little wonder, so far as the fact is 
 known and considered, that, mainly for prudential reasons, 
 which will appear in these pages, the most essential truths 
 relating to that period were never so clearly and fully 
 explained, as to be practically understood by even the gen- 
 eration which next succeeded it. 
 
 Hence, in very many of the writings and speeches on the 
 
 * See pages 6 and 7. 
 
10 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 subject, — especially in the latter portion of them, — errcr 
 is so extensively blended with the most important truths, or 
 those truths are so partially presented — often quite per- 
 verted — that, practically, as regards the distinctive counsels 
 and examples of those two classes of Statesmen, the last has 
 too nearly become the first ; and the first, last. 
 
 In view of these truths, it would seem, that both justice to 
 them, and a due regard for the present and future interests 
 of the nation, demand a more discriminate and thorough 
 knowledge of their respective agencies and influences as the 
 records show them. Toward this necessary attainment, the 
 first lesson to be learned, is, that those two classes were sev- 
 erally characterized by the particular principle of the system 
 of operations which they respectively originated or persist- 
 ently advocated; for it is only by previously learning their 
 characteristics, as thus distinguished from each other, that 
 those of their respective followers, in this or in any other period 
 subsequent to that first, can be so clearly distinguished as to 
 afford the practical guidance which has long been needed 
 — and which is now especially needed — for extricating the 
 great affairs of the nation from their present alarmingly mul- 
 tiplied derangements and difficulties. 
 
 Yet, pressing as are the various exigencies of those affairs, 
 few if any seem to know there was ever such an event as 
 that division among the country's chosen Guardians, men- 
 tioned in the preceding pages (6th and 7th). That event, 
 however, occurring at so early and critical a stage of the 
 Revolution, — and involving, at the same time, an entire de- 
 parture from the principle on which the public operations had 
 been from the beginning to that time directed, — was produc- 
 tive of consequences, which, in magnitude and extent, have 
 greatly exceeded those of any other political event in the 
 whole history of the Union. 
 
 By it, as has been shown, that august Assembly was sun- 
 dered into two political classes or parties. Although appar- 
 ently unknown, or unt nought of, for many years past, the 
 political distinction thus and then originated was thencefor- 
 ward carefully observed by each party, as of such vital impor- 
 tance for the salvation of the country, that it was the very 
 pivot on which were suspended all the political vibrations 
 during a half century, from the firSt public manifestation of 
 it in the autumn of 1775. 
 
 As that division among them arose entirely from their dif- 
 ferent views and plans for meeting occasions which were 
 then all new to them, it would seem reasonable to suppose 
 them to have been at that time equally honest and patriotic ; 
 but the widely variant practical tendencies and results of 
 their different plans soon indicated, and prolonged experience 
 has fully proved, that those two classes were far from being 
 equally sagacious and wise in directing their endeavors to 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 11 
 
 provide for the permanent freedom and welfare of their 
 country. 
 
 The following extracts are referred to, as affording some 
 just idea of the circumstances, nature, and extent of the earli- 
 est portion of the consequences experienced from tint divi- 
 sion : — 
 
 General Greene wrote to Gov. "Ward, in Congress, Oct. 16, 1775, — 
 " With regard to paying the troops part of their wages, and the Commit- 
 tee part, it will be productive of a multitude of inconveniences 
 
 As the troops are considered Continental, and not Colonial, there must be 
 some systematical plan for the payment, without reference to any particu- 
 lar Colonies. 
 
 " His Excellency has a great desire to banish every idea of local attach- 
 ments. . . . fror my part, I feel the cause, and not the place." 
 
 Hon. Thomas Lynch, in Congress, to General Washington, Nov., 1775. 
 — "With grief and shame, it must be confessed, that the whole blame 
 lies not with the army. You will find your hands straitened instead 
 of strengthened. What the event will be, it is impossible to foresee ; per- 
 haps it is only intended to force the Continent into their own terms, and 
 to show that neither General nor Congress [but the Colonies] shall be per- 
 mitted to control the army." 
 
 General Washington, to Colonel Read, Nov. 28, 1775. — " Could I have 
 foreseen what I have experienced, and am likely to experience, no consid- 
 eration upon earth should have induced me to accept this command." 
 
 General Washington, to the President of Congress, Dec. 14, 1775. — 
 " The resolves relative to captures made by Continental arme,d vessels, only 
 want a court established for trial to make them complete. This I hope 
 will soon be done, as I have taken the liberty to urge it often to the Con- 
 gress." 
 
 Yet, on the 20th, Congress passed the resolve, that such 
 cases should be libelled in the Courts of Admiralty erected in 
 the Colonies. 
 
 General Greene, to Governor Ward, in Congress, Dec. 31, 1775. — 
 " How unhappy for the interests of America, that such colonial prejudices 
 should prevail, and partial motives influence her councils ! If they are 
 nourished, they will sooner or later sap the foundation of the Union. . . 
 God in mercy avert so dreadful an evil." 
 
 General Washington, to the President of Congress, Sept. 24, 1776. — 
 " The wounds which my feelings, as an officer, have received by a thousand 
 things that have happened, contrary to my expectations and wishes, . . . 
 added to a consciousness of my inability to govern an army composed of 
 such discordant parts, — induce not only the belief, but a thorough con- 
 viction in my mind, that it will be impossible,. unless there is a thorough 
 change in our military system, for me to conduct matters in such a man- 
 ner as to give satisfaction to the public." 
 
 General Greene, to , Sept. 28, 1776. — " The policy of Congress 
 
 has been the most absurd and ridiculous imaginable. ... A military 
 force established upon such principles defeats itself. ... The Con- 
 gress goes upon a penurious plan." 
 
 General Washington, to the President of Congress, Oct. 4, 1776. — 
 "And I see such a distrust and jealousy of military power, that the Com- 
 mander-in-Chief has not an opportunity, even by recommendation, to give 
 the least assurances of reward for the most essential services. In a word, 
 such a cloud of perplexing circumstances appears before me, without one 
 flattering hope, that I am thoroughly convinced that unless the most vig- 
 orous and decisive exertions are immediately adopted to remedy these 
 evils., the certain and absolute los3 of our liberties will be the inevitable 
 consequence." 
 
12 
 
 The eccentric General Charles Lee, to General Gates, Oct. 14, 1776. — 
 " Inter nos, Congress seem to stumble at every step. . . . General 
 Washington is much to blame in not menacing them with resignation, 
 unless they refrain from unhinging the army by their absurd interference." 
 
 General Washington, to J. A. Washington, Nov. 19, 1776. — "I am 
 wearied almost to death with the retrograde motion of things, and sol- 
 emnly protest, that a pecuniary reward of twenty thousand pounds a year 
 would not induce me to undergo what I do ; and, after all, perhaps to lose 
 my character, as it is impossible, under such a variety of distressing cir- 
 cumstances, to conduct matters agreeably to public expectation, or even to 
 the expectation of those [Congress] who employ me, as they will not make 
 proper allowances for the difficulties their own errors have occasioned." 
 
 Same, to the President of Congress, Dec. 20, 1776. — " I can only add, 
 that desperate diseases require desperate remedies. . . . My feelings, 
 as an officer and a man, have been such as to force me to say, that no per- 
 son ever had a greater choice of difficulties to contend with than I have. 
 
 " That I have labored, ever since I have been in the service, to discour- 
 age all kinds of local attachments and , distinctions of country, denomina- 
 ting the whole by the greater name of American. But I have found it 
 impossible to overcome prejudices." 
 
 Robert Morris, in Congress, to General Washington, Dec. 23, 1776. — 
 " It is useless, at this period, to examine into the causes of our present 
 unhappy situation, unless that examination would be productive of a cure 
 for the evils which surround us. In fact, those causes have long been 
 known to such as would open their eyes. The very consequences of them 
 were foretold, and the measures execrated, by some of the best friends of 
 America ; but in vain, . . . and nothing is now left but to extricate 
 ourselves as well as we can." 
 
 Thus are indicated, in the language of some of those who 
 best knew and most deeply felt them, a portion of the early- 
 consequences of that substitution of a wholly different prin- 
 ciple of plan for directing public affairs, at so critical and 
 momentous a juncture. 
 
 It is proper to notice, that, to the extent indicated by the 
 preceding extracts, those consequences became embarrass- 
 ing, and imperiling throughout both the civil and military 
 departments, in little more than one year after that most 
 extraordinary change (or reverse) of public policy. 
 
 As may have been already inferred, that change was a 
 natural result of the excessive State attachment, State jeal- 
 ousy and prejudice, of a few then leading members of Con- 
 gress. By their influence, at the time, that venerated 
 Council were induced to adopt the new principle as the rule 
 of their proceedings, and, in 1776, to erect upon it that 
 impracticable structure called the Confederation, — the sys- 
 tem of government formed by Congress to achieve, and 
 to render perpetually secure, the independence, freedom, 
 harmony, and prosperity, of all the people comprehended in 
 the American Union. 
 
 Accordingly, as that system and all the proceedings of 
 Congress were based on the same State or Confederate 
 principle, the direction of public affairg, in the civil depart- 
 ment, was, from that juncture, little affected or varied, either 
 
ANCESTORS WERE GUIDED, IN 1787, '88. »89. 13 
 
 by the Declaration of Independence, by the completion of 
 the form of that system, in November, 1777, or by the final 
 acceptance and ratification of it, in March, 1781. Indeed, 
 the same general direction was continued by Congress till 
 the necessity for the Constitutional Convention of 1787 be- 
 came manifest to all, and to none more so than to Congress 
 themselves. 
 
 The evidences of some of the later consequences of that 
 change are found in the following extracts : — 
 
 General Greene, to , June 4, 1777. — "Wisdom and prudence 
 
 sometimes forsake the wisest bodies. I am exceedingly distressed at the 
 state of things in the great National Council." 
 
 General Washington, to R. H. Lee, in Congress, Oct. 17, 1777. — " To 
 sum up the whole, I hare been a slave to the service. I have undergone 
 more than most men are aware of, to harmonize so many discordant parts." 
 
 General Washington, to Benjamin Harrison, in the House of Dele- 
 gates, Va., Dec. 18, 1778. — "My conception of the matter impresses it 
 too strongly upon me that the States, separately, are too much engaged 
 in their local concerns. ... In a word, I think our political system 
 may be compared to the mechanism of a clock, and that we should derive 
 a lesson from it ; for it answers no good purpose to keep the smaller wheels 
 in order, if the greater one, which is the support and prime mover of the 
 whole, is neglected." 
 
 Same, to Joseph Jones, in Congress, May 31, 1780. — "We can no 
 
 longer drudge on in the old way. . . We are always working up-hill. 
 
 . I see one head gradually changing into thirteen. I see one army 
 
 branching into thirteen, . . and I am fearful of the consequences." 
 
 Lafayette wrote, in his "Memoirs," — "The pecuniary succors [ob- 
 tained by him from France] were placed at the disposal of General Wash- 
 ington ; for it was upon that General that reposed the whole confidence of 
 the Government, and the hopes of the French nation." 
 
 General Washington, to John Matthews, in Congress, Oct A, 1780. — 
 " But, knowing the jealousies which have been entertained on this head 
 (Heaven knows how unjustly) , and that the political helm was in another 
 direction, I forbore to express my sentiments for a time ; but, at a moment 
 when we are tottering on the brink of a precipice, silence would have been 
 criminal." * 
 
 Same, to John Park Custis, in the House of Delegates, Va., Feb. 28, 
 1781. — " In a word, . . we have brought a cause, which might have 
 been happily terminated years ago by the adoption of proper measures, 
 to the very verge of ruin." 
 
 Same, to Colonel A. Hamilton, in Congress, March 31, 1783. — "I 
 rejoice most exceedingly that there is an end of our warfare, and that such 
 a field is opening to our view as will — with wisdom to cultivate it — 
 make us a great, a respectable, and a happy people; but it must be 
 improved by other means than State politics and unreasonable jealousies 
 and prejudices. . . . My wish to see the union of these States estab- 
 lished upon liberal and permanent principles, and inclination to contribute 
 my mite in pointing out the defects of the present Constitution [Confed- 
 eration], are equally great." f . . For, to the defects thereof, . . may 
 justly be ascribed the prolongation of the war, and consequently the 
 expenses occasioned by it. More than half the perplexities I have experi- 
 enced in the course of my command, and almost the whole of the difficul- 
 ties and distress of the army, have had their origin here." 
 
 * Alluding to a very plain and emphatic letter he had written to Congress, on 
 the 20th of the preceding Aujrust. 
 
 t Equally great as that expressed in a letter he had shortly before received 
 from Col. Hamilton, relating to the same suhject. 
 
24 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 Same, to Benjamin Harrison, Governor of Virginia. — " The disinclina- 
 tion of the individual States to yield competent powers to Congress, . . . 
 their unreasonable jealousy of that body and of one another, and the dispo- 
 sition, which seems to pervade each, of being all-wise and all-powerful 
 within itself, will, if there is not a change in the system, be our downfall 
 as a nation. This is as clear to me as A, B, C ; and I think we have 
 opposed Great Britain, and have arrived at the present state of indepen- 
 dency, to very little purpose, if we cannot conquer our own prejudices." 
 
 Same, to Hon. John Jay, May 18, 1786. — "I coincide perfectly with 
 you, my clear sir, that there are errors in our National Government which 
 call for correction, loudly, I would add. '. . . "We are certainly in a 
 delicate situation. . . . To be plainer, I think there is more wicked- 
 ness than ignorance mixed in our councils. Under this impression, I 
 scarcely know what opinion to entertain of a general Convention. . . 
 "Xet, something must be done, or the fabric must fall, for it is certainly 
 tottering. 
 
 " Ignorance and design are difficult to combat." 
 
 Same, to William Gratson, in Congress, July 26, 1786. — " In a word, 
 . . . our character as a nation is dwindling ; and what it must come to, 
 if a change should not soon take place, our enemies have foretold ; for, in 
 truth, we seem either not capable, or not willing, to take care of our- 
 selves." 
 
 Same, to John Jay, Aug. 1, 1786. — " Your sentiments — that our affairs 
 are drawing rapidly to a crisis — accord with my own. What the event 
 will be, is also beyond my foresight. We have errors to correct. . . . 
 I do not conceive we can exist long as a nation, without having lodged 
 somewhere a power, which will pervade the whole Union in as energetic a 
 manner as the authority of the State Governments extends over the sev- 
 eral States. 
 
 "To be fearful of investing Congress with ample powers for national 
 purposes, appears to me the very climax of popular absurdity and madness. 
 . . . . Requisitions are actually little better than a jest and a by- 
 word throughout the land. If you tell the Legislatures [of the States] 
 they have violated the treaty of peace, and invaded the prerogatives of 
 the Confederacy, they will laugh in your face. What, then, is to be 
 done?" 
 
 Same, to Bushrod Washington, Nov. 15, 1786 — "Among the great 
 objects which you took into consideration, at Richmond, how comes it to 
 
 giss, that you never turned your eyes to the inefficacy of the Federal 
 overnment?* . . . Every man, who considers the present constitu- 
 tion of it, and sees to what it is verging, trembles. The fabric, which took 
 nine years, at the expense of much blood and treasure, to rear, now totters 
 to the foundation, and without support, must soon fall." 
 
 In Mr. Madison's introduction to his report of the debates 
 in the Convention of 1787, he says, respecting the condition 
 of the country : — 
 
 " Among the defects which had been severely felt, was want of an uni- 
 formity in cases requiring it, — as laws of naturalization and bankruptcy, 
 a coercive authority operating on individuals, a guaranty of the internal 
 tranquillity of the States. " 
 
 "As a natural consequence of this distracted condition of the Union, the 
 Federal authority had ceased to be respected abroad ; and ... at home, 
 it had lost all confidence and credit, . . . involving a general decay of 
 
 confidence and credit between man and man 
 
 Such were the defects, the deformities, the diseases, and the ominous 
 prospects, for which the Convention were to provide a remedy, and which 
 
 * A reference to the objects of that meeting at Richmond, as described by B. 
 Washington, in a letter to the General. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 15 
 
 ought never to be overlooked in expounding and appreciating the Con- 
 stitutional Charter, the remedy that was provided." 
 
 OPENING OF THE CONVENTION. 
 
 Again, in the language of Mr. Madison, — 
 
 " Governor Randolph [of Virginia], in an address, May 29th, at the 
 opening of the main business of the Convention [of which he was a mem- 
 ber], reviewed the danger of our situation, and appealed to the sense of 
 the best friends of the United States — to the prospect of anarchy, from 
 the laxity of government everywhere." 
 
 Relative to the above-mentioned address, the late Chief 
 Justice Yates, of New York, — who was also a member, and 
 kept a journal, — says, under the same date, May 29th : — 
 
 " He [Gov. Randolph] closed these remarks with a set of Resolutions, — 
 fifteen in number, — which he proposed to the Convention for their adop- 
 tion, and as leading principles whereon to form a new Government. He 
 candidly confessed, that they were not intended for a Federal Government. 
 He meant a strong, consolidated Union, in which the idea of States should 
 be nearly annihilated. He then moved, that they should be taken up in 
 Committee of the whole House." 
 
 Judge Yates says, further, that — 
 
 " Mr. Charles Pincknev [a member from South Carolina] then added, 
 that he had reduced his ideas of a new Government to a system, which he 
 read ; and confessed that it was grounded on the same principle as that of 
 the above Resolutions." * 
 
 In Convention, May 30th. — The following Resolutions were taken 
 under consideration : — 
 
 " That a union of the States merely federal will not accomplish the ob- 
 jects proposed by the Articles of Confederation, namely, common defence, 
 security of liberty, and general welfare. 
 
 " That a National Government ought to be established, consisting of a 
 supreme Legislative, Executive, and Judiciary." 
 
 It seems proper to pause here, and to inquire whether there 
 is found in the preceding pages enough to convey some just 
 idea of the apparent want of aptitude and consistency in the 
 administration of civil affairs, and of the consequent declen- 
 sion of those affairs till they were reduced to the very verge 
 of hopeless degradation and anarchy. 
 
 An attempt will now be made, through an abridgment of 
 Mr. Madison's Report of the Debates, to show by what agen- 
 cies and influences those affairs were quickly extricated from 
 their extreme complications, and raised to an unprecedented 
 condition of order, harmony, and prosperity throughout the 
 land. 
 
 BEGINNING OF THE DEBATES. 
 
 The Resolution concerning the rights of suffrage in the 
 National Legislature, being taken up, — 
 
 " Mr. Madison [from Virginia] observed that, ... as the acts of the 
 General Government would take effect without an intervention of the State 
 
 * See expressions of General Washiugton, in his letter to Mr. Jay, Aug. 1, 1783, 
 p. 14. 
 
16 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 Legislatures, . . . there was the same reason for different numbers of Rep- 
 resentatives from different States, as from counties of different extents 
 within particular States." 
 
 May 31rf. — The Resolution, — " That the members of the first branch 
 of the National Legislature ought to be elected by the people of the several 
 States," — being taken up, — 
 
 " Mr. Sherman [from Connecticut] opposed the election by the people. 
 . . . The people, he said, immediately, should have as little to do as 
 may be about the Government. They want information, and are constantly 
 liable to be misled." 
 
 " Mr. Gerry [from Massachusetts]. — The evils we experience flow from 
 the excess of democracy. The people do not want virtue, but are the dupes 
 of pretended patriots. ... He said he was still republican ; but had 
 been taught by experience the danger of the levelling spirit." 
 
 " Mr. James Wilson [from Pennsylvania] contended strenuously for draw- 
 ing the most numerous branch immediately from the people. . . On ex- 
 amination, it would be found that the opposition of States to Federal 
 measures had proceeded much more from the officers of t^ie States than 
 from the people at large." 
 
 "Mr. Madison considered the popular election of one branch of the 
 National Legislature as essential to every plan of free government." 
 
 The clause of the Resolution, " authorizing an exertion of 
 the force of the whole against a delinquent State," coming 
 under consideration, — 
 
 " Mr. Madison. — The use of force against a State would look more like 
 a declaration of war, than an infliction of punishment, and would probably 
 be considered by the party attacked as a dissolution of all previous com- 
 pacts by which it might be bound. He hoped that such a system would be 
 framed as might render this resource unnecessary." 
 
 June (St h. — "Mr. George Reed [from Delaware]. — Too much attach- 
 ment is betrayed to the State Governments. . . If we do not establish 
 a good Government, on new principles, we must either go to ruin, or have 
 the work to do over again. The people at large are wrongly suspected of 
 being averse to a General Government. The aversion lies among inter- 
 ested men who possess their confidence." 
 
 June 8th. — " Mr. Charles Pincknev moved, that the National Legisla- 
 ture should have authority to negative all laws which they should judge to 
 be improper. He urged that such a universality of the power was indispen- 
 sably necessary to render it effectual ; . . . that, if the States were left to 
 act of themselves in any case, it would be impossible to defend the Na- 
 tional prerogatives, however extensive they might be, on paper." 
 
 " Mr Madison seconded the motion. Experience had evinced a constant 
 tendency in the States to encroach on the Federal authority ; to violate 
 national treaties ; to infringe the rights and interests of each other. . . . 
 A negative was the mildest expedient that could be devised for preventing 
 these mischiefs. The existence of such a check would prevent attempts to 
 commit them. Should no such precaution be engrafted, the only remedy 
 would be an appeal to coercion. Was such a remedy eligible? .... 
 Any government for the United States , formed on the supposed practicability 
 of using force against the unconstitutional proceedings of the States, would 
 prove as visionary and fallacious as the government of Congress. The 
 
 negative would render the use of force unnecessary 
 
 In a word, . . this prerogative of the General Government is the great 
 pervading principle that must control the centrifugal tendency of the 
 States ; which, without it, will continually fly out of their proper orbits, 
 and destroy the order and harmony of the political system." 
 
 "Mr. Wilson. — A discretion must be left on one side or the other. 
 Will it not be most safely lodged on the side of the National Government? 
 
ANCESTORS WERE GUIDED,' IN 1787, '88, '89. 17 
 
 Among the first sentiments expressed in the first Congress, one was, — 
 that Virginia is no more, that Massachusetts is no more, that Pennsyl- 
 vania is no more, etc. ; we are now one Nation of brethren : we must 
 bury all local interests and distinctions. This language continued for 
 some time. . . . No sooner were the State Governments formed, than 
 their jealousy and ambition began to display themselves. Each endeavored 
 to cut a slice from the common loaf ; . . till, at length, the Confederation 
 became frittered down to the impotent condition in which it now stands. 
 . . . To correct its vices is the business of this Convention. . . . 
 What danger is there, that the whole will unnecessarily sacrifice a part ? 
 But, reverse the case, and leave the whole at the mercy of each part, and 
 will not the general interest be continually sacrificed to local interests? " 
 " Mr. Joux Dickinson [from Delaware]. — We must take our choice of 
 two things. We must either subject the States to the danger of being 
 injured by the power of the National Government, or the latter to the dan- 
 ger of being injured by that of the States. He thought the danger greater 
 from the States." 
 
 June 9th. — " Mr. Brearly [of New Jersey]. — He was sorry, he said, that 
 any question on this point [the rule of suffrage] was brought into view. 
 It had been much agitated in Congress at the time of forming the Confed- 
 eration, and was then rightly settled, by allowing each sovereign State an 
 equal vote. Otherwise, the smaller States must have been destroyed, 
 instead of being saved. . . < . He had come to the Convention with a 
 view of being as useful as he could, in giving energy and stability to the 
 Federal Government. When the proposition for destroying the equality 
 of votes came forward, he was astonished, he was alarmed. Is it fair, 
 then, it will be asked, that Georgia should have an equal vote with Vir- 
 ginia ? He would not say it was. What remedy, then? One only ; that 
 a map of the United States be spread out, that all the existing boundaries 
 be erased, and that a new partition of the whole be made into thirteen 
 equal parts." 
 
 ' ' Mr. Patterson [of New Jersey] considered the proposition for a pro- 
 portional representation as striking at the existence of the lesser States. 
 . . . We have no power to go beyond the Federal scheme ; and if we 
 had, the people are not ripe for any other. We must follow the people ; 
 the people will not follow us. The proposition could not be maintained. 
 . . . If we are to be considered as a Nation, all State distinctions must 
 be abolished. The whole must be thrown into hotchpotch, and when an 
 equal division is made, then there may be fairly an equality of represen- 
 tation New Jersey will 
 
 never confederate on the plan before the Committee ; she would be swal- 
 lowed up. He would rather submit to a monarch, to a despot, than to 
 such a fate. He would not only oppose the plan here, but, on his return 
 home, do everything in his power to defeat it there." 
 
 "Mr. Wilson. — As all authority was derived from the people, equal 
 numbers of people ought to have an equal number of representatives ; and 
 different numbers of people, different numbers of representatives. This 
 principle had been improperly violated in the Confederation, owing to the 
 urgent circumstances of the time. . . . Representatives of different 
 districts ought clearly to hold the same proportion to each other, as their 
 respective constituents hold to each other. ... A new partition of 
 the States is desirable, but evidently and totally impracticable." 
 
 " Mr. Williamson [of North Carolina] illustrated the case by a compari- 
 son of the different States to counties of different sizes within the same 
 State." 
 
 June lllh. — "Mr. Randolph. — The National authority needs every 
 support we can give it. . . . The Executive and Judiciary of the 
 States, . . unless they be brought under some tie to the National system, will 
 always lean too much to the State systems, whenever a contest arises 
 between the two." 
 
18 
 
 June 12th. — "Mr. Madison. — No member of the Convention could 
 say what the opinions of his constituents were at this time. . . . We 
 ought to consider what was right and necessary in itself for the attain- 
 ment of a proper government. A plan adjusted to this idea will com- 
 mend itself." 
 
 Iii another speech, on the same day, Mr. Madison said : — 
 
 " What we wished was, to give to the Government that stability which 
 was everywhere called for. . . He conceived it to be of great impor- 
 tance that a stable and firm government, organized in the republican form, 
 should be held out to the people. If this be not done, . . it is much to 
 be feared, the time is not distant, when, in universal disgust, they Avill 
 renounce the blessing which they have purchased at so dear a rate, and 
 be ready for any change that may be proposed to them." 
 
 June 13th. — The Resolutions proposed by Governor Ran- 
 dolph, having been taken up and acted on, the Committee 
 rose, and Mr. Gorham made a Report, consisting of nineteen 
 Resolutions ; the first of which was the following : — 
 
 11 Resolved, That it is the opinion of this Committee, that a National 
 Government ought to be established, consisting of a Supreme Legislative, 
 Executive, and Judiciary." 
 
 They had accomplished so much in about two weeks, and 
 were thus encouraged to anticipate a speedy, successful 
 result of their efforts, in accordance with this Resolution. 
 
 The consideration of the Report was postponed till the 
 next day, " to give opportunity for other plans to be proposed." 
 
 June 15lh. — " Mr. Patterson laid before the Convention the plan [only 
 another edition of the Confederation, a little enlarged,] which, he said, 
 several of the Deputations wished to be substituted in place of that pro- 
 posed by Mr. Randolph." 
 
 The introduction of this plan changed the aspect of affairs 
 essentially ; but it was agreed to refer it, together with the 
 plan of Mr. Randolph, to a Committee of the Whole. 
 
 June \§th. — "In Committee of the Whole, on the Resolu- 
 tions proposed by Mr. Patterson and Mr. Randolph, — 
 
 " Mr. Lansing [from New York] called for the reading of the first Reso- 
 lution of each plan, which he considered as involving principles directly 
 in contrast. That of Mr. Patterson, says he, sustains the sovereignty of 
 the respective States ; that of Mr. Randolph destroys it . . The plan 
 of Mr. Randolph, in short, absorbs all power, except what may be exer- 
 cised in the little local matters of the States, which are not objects worthy 
 of the supreme cognizance. He grounds his preference of Mr. Patterson's 
 plan chiefly on two objections to that of Mr. Randolph, — first, want of 
 power in the Convention to discuss and propose it ; secondly, the improba- 
 bility of its being adopted." 
 
 " Mr. Patterson said, as he had on a former occasion given his senti- 
 ments on the plan proposed by Mr. Randolph, he would now give his rea- 
 sons in favor of that proposed by himself. He preferred it, because it 
 accorded, — first, with the powers of the Convention ; secondly, with the 
 sentiments of the people. . . I Came here, not to speak my own senti- 
 ments, but the sentiments of those who sent me. Our object is not such a 
 Government as may be best in itself, but such a Government as our con- 
 stituents have authorized us to prepare, and as they will approve. . . . 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 19 
 
 If the sovereignty of the States is to be maintained, the representatives 
 must be drawn immediately from the States, not from the people ; and we 
 have no power to vary the idea of equal sovereignty. The only expedient 
 that will cure the difficulty is that of throwing the States into hotchpotch." 
 
 " Mr. Wilson entered into a contrast of the principal points of the 
 
 two plans With regard to the power of the 
 
 Convention, he conceived himself authorized to conclude nothing, but to 
 be at liberty to propose anything. . . With regard to the sentinlents of the 
 people, he conceived it difficult to know precisely what they are. . He 
 could not persuade himself that the State Governments and sovereignties 
 were so much the idols of the people, nor a National Government so obnox- 
 ious to them, as some supposed. Where do the people look, at present, for 
 relief from the evils of which they complain? Is it from an internal 
 reform in their Governments? No, sir. It is from the National councils 
 that relief is expected. For these reasons, he did not fear that the people 
 would not follow us into a National Government ; and it will be a further 
 recommendation of Mr. Randolph's plan, that it is to be submitted to 
 them, and not to the Legislatures, for ratification." 
 
 " Ms. 0. Pincknev. — He thought the Convention authorized to go any 
 length, in recommending, which they found necessary to remedy the evils 
 which produced this Convention." 
 
 " Mr. Randolph was not scrupulous on the point of power. When the 
 salvation of the Republic was at stake, it would be treason to our trust, 
 not to propose what we found necessary. . . . The true question is, 
 whether we shall adhere to the Federal plan, or introduce the National 
 plan. Toe insufficiency of the former has been fully displayed by the 
 trial already made. There are but two modes by which the end of a Gen- 
 eral Government can be attained : the first, by coercion, as proposed by 
 Mr. Patterson's plan ; the second, by real legislation, as proposed by the 
 other plan. Coercion, he pronounced to be impracticable, expensive, cruet to 
 individuals. . . . We must resort, therefore, to a national legislation 
 
 over individuals ; for which Congress are unfit They are a 
 
 mere diplomatic body, and are always obsequious to the views of the 
 States, who are always encroaching on the authority of the United States. 
 A provision for harmony among the States — as in trade, naturalization, 
 etc. ; for crushing rebellion, whenever it may rear its crest ; and for cer- 
 tain other general benefits — must be made. ...... 
 
 A National Government alone, properly constituted, will answer the pur- 
 pose ; and he begged it to be considered, that the present is the last 
 moment for establishing one. After this select experiment, the people 
 will yield to despair." 
 
 June \%ih. — " Colonel Hamilton [from New York]. — He had been hith- 
 erto silent on the business before the Convention, partly from respect to 
 others whose superior abilities, age, and experience, rendered him unwil- 
 ling to bring forward ideas dissimilar to theirs, and partly from his 
 delicate situation with respect to his own State, to whose sentiments, as 
 expressed by his colleagues [Mr. Yates and Mr. Lansing], he could by no 
 means accede. . The crisis, however, which now marked our affairs, 
 was too serious to permit any scruples whatever to prevail over the duty 
 impjsed on every man to contribute his efforts for the public safety and 
 happiness. As to the powers of the Convention, he thought the doubts 
 started on that subject had arisen from distinctions and reasonings too 
 subtle. ... He agreed with the honorable gentleman from Virginia, 
 Mr. Randolph, that we owed it to our country, to do in this emergency, 
 whatever we should deem essential to its happiness. To rely on and pro- 
 pose any plan not adequate to its exigencies, merely because it was not 
 clearly within our powers, would be to sacrifice the means to the end 
 
 . . . . The great question is, what provision shall we make for the 
 happiness of our country? . . . The great and essential principles 
 necessary for the support of government are, — first, an active and con- 
 
20 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 Btant interest in supporting it. This principle does not exist in the Slates 
 in favor of the Federal Government. They have evidently in a high 
 degree, the esprit de corps. They constantly pursue internal interests 
 adverse to those of the whole. They have their particular debts, their 
 particular plans of finance, etc. All these, when opposed to, invariably 
 prevail over, . . . the plans of Congress. . . The ambition of their 
 demagogues is known to hate the control of the General Government. 
 
 An habitual attachment of the people. The whole force of this tie is on 
 
 the side of the State Government All the passions . . of 
 
 avarice, ambition, interest, which govern most individuals, and all public 
 bodies, fall into the current of the States, and do not flow into the stream 
 of the General Government. The former, therefore, will generally be an 
 overmatch for the General Government ; and render any Confederacy in its 
 very nature precarious. Theory is, in this case, fully confirmed by experi- 
 ence [as in the Amphictyonic Council, the German Confederacy, the Swiss 
 Cantons, etc.]. How, then, are all these evils to be avoided? Only by such 
 a complete sovereignty in the General Government as will turn all the 
 strong principles and passions above mentioned on its side. . . If States 
 are to deliberate on the mode, they will deliberate on the object, of the 
 supplies ; and will grant or not grant, as they approve or disapprove of it. 
 . . . Bad principles in a government, though slow, are sure in their 
 operation, and will gradually destroy it. . . Two sovereignties cannot 
 coexist within the same limits. It was once thought that the power of 
 Congress was amply sufficient to secure the end of their institution. The 
 error is now seen by every one. . . . One of the weak sides of repub- 
 lics was their being liable to foreign influence and corruption. Men of 
 little character, acquiring great power, become easily the tools of inter- 
 meddling neighbors. . . . What is the inference from all these obser- 
 vations ? That we ought to go as far, in order to attain stability and per- 
 manency, as republican principles will admit." 
 
 June 19th, — " Mr. Madison . . observed that violations of the Federal 
 Articles had been numerous and notorious. . . . He stated the object 
 of a proper plan to be two-fold, — first, to preserve the Union ; secondly, 
 to provide a Government that will remedy the evils felt by the States, both. 
 in their united and individual capacities. Examine Mr. Patterson's plan. 
 . . . Will it prevent the violations of the law of nations, and of treaties 
 which, if not prevented, must involve us in foreign wars ? The tendency 
 of the States to these violations has been manifested in sundry instances. 
 . . . Will it prevent encroachments on the Federal authority? A 
 tendency to such encroachments has been sufficiently exemplified among 
 ourselves, as well as in every other confederated republic, ancient or mod- 
 ern. . . . If we recur to the examples of other confederacies, we shall 
 find in all of them, the same tendency of the parts to encroach on the 
 authority of the whole. ... In developing the evils which vitiate 
 the political system of the United States, it is proper to take into view 
 those which prevail within the States individually, as well as those which 
 affect them collectively ; since the former indirectly affect the whole, and 
 there is great reason to believe that the pressure of them had a full share in 
 the motives which produced the present Convention. . . . The great 
 difficulty lies in the affair of representation. . . . Their language was, 
 that it would not be safe for Delaware to allow Virginia sixteen times as 
 many votes [as Delaware]. The expedient proposed by them was, that 
 all the States should be thrown into one mass, and a new partition be 
 made into thirteen equal parts. . . The dissimilarities . . amounted 
 to a prohibition of the attempt." 
 
 On the question, whether the Committee should rise, and 
 Mr. Randolph's propositions be reported without alteration, 
 ... as preferable to those of Mr. Patterson, — seven States 
 in the affirmative, three in the negative, one divided. 
 
ANCESTORS WERE GUIDED, IN 1787, *88, '89. 21 
 
 Mr. Randolph's plan, as reported by the Committee, June 
 13^, being then before the House, and the first Resolution, 
 — "That a National Government ought to be established," 
 etc.,* — being taken up, — 
 
 "Mr. Wilson observed that, by a National Government, he did not 
 mean one that would swallow up the State Governments. . . . They 
 were absolutely necessary for certain purposes which the former could not 
 reach. All large Governments must bo subdivided into lesser jurisdic- 
 tions." 
 
 '*■ Colonel Hamilton coincided with the proposition as it stood in the 
 Report. ... No boundary could be drawn between the National and 
 State Legislatures ; the former must therefore have indefinite authority. 
 If it were limited at all, the rivalship of the States would gradually sub- 
 vert it. Even, as corporations, the extent of some of them, as Virginia, 
 Massachusetts, etc., would be formidable. As States, he thought they 
 ought to be abolished ; but he admitted the necessity of leaving in them 
 subordinate jurisdictions." 
 
 " Mr. King. — The States were not sovereigns, in the sense contended 
 for by some. They did not possess the peculiar features of sovereignty. 
 . " . Considering them as political beings, they were dumb ; for they 
 could not speak to any foreign sovereign whatever. They were deaf; for 
 they could not hear any proposition from such sovereign. . . Congress 
 can act alone, without the States. . . No act of the States can vary the 
 situation, or prevent the judicial consequences. If the States, therefore, 
 retained some portion of their sovereignty, they had certainly divested 
 themselves of essential portions of it. If they formed a Confederacy in 
 some respects, they formed a Nation in others. He doubted much the 
 practicability of annihilating the States ; but thought much of their power 
 ought to be taken from them." 
 
 "Mr. Luther Martin saidf he considered that the separation from 
 Great Britain placed the thirteen States in a state of nature towards each 
 other ; . . . that he could never accede to a plan that would introduce 
 an inequality, and lay ten States at the mercy of Virginia, Massachusetts, 
 and Pennsylvania." 
 
 " Mr. Wilson could not admit the doctrine. . . He read the Decla- 
 ration of Independence, . . . inferring that they were independent, not 
 individually, but unitedly." 
 
 " Colonel Hamilton assented to the doctrine of Mr. Wilson. He denied 
 the doctrine, that the States were thrown into a state of nature. . . . 
 The more close the union of the States, and the more complete the author- 
 ity of the whole, the less opportunity will be allowed to the stronger 
 States to oppress the weaker." 
 
 June 20th. — The second Resolution, — " That the National 
 Legislature ought to consist of two branches," — being taken 
 up,— 
 
 " Mr. Lansing moved, instead of the second Resolution, that the powers 
 of Legislation be vested in Congress. He observed that the true question 
 was, whether the Convention would adhere to, or depart from, the founda- 
 tion of the present Confederacy. ... It could not be expected that 
 those possessing sovereignty would ever voluntarily part with it. It was 
 not to be expected from any one State, much less from thirteen. . . . 
 He doubted whether any General Government, equally beneficial to all, 
 
 * See that Resolution, p. 18. 
 
 t Mr. Martin was from Maryland. He took his seat in the Convention. June 
 Wi. 
 
22 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 can be attained. That now under consideration, he is sure, must be utterly 
 unattainable. . . . The system was too novel and complex. No man 
 could foresee what its operation will be, either with respect to the General 
 Government, or the State Governments. One or the other, it has been 
 surmised, must absorb the whole." 
 
 " Colonel Mason [from Virginia] did not expect this point would have 
 been reagitated. The essential differences between the two plans had been 
 clearly stated. The principal objections against that of Mr. Randolph 
 were the want of power and the want of practicability. There can be no 
 weight in the first, as the fiat is not to be here, but in the people. . . . 
 The impracticability of gaining the public concurrence, he thought, was 
 etill more groundless. . . . He meant not to throw any reflections on 
 Congress, as a body, much less on any particular members of it. He 
 meant, however, to speak his sentiments, without reserve, on this subject. 
 . . . Is it to be thought that the people of America . . . will surren- 
 der both the sword and the purse to the same body, — and that, too, not 
 chosen by themselves? . . . Will they give unbounded confidence to 
 a secret journal, — to the intrigues, to the factions, which, in the nature 
 of things, appertain to such an assembly? If any man doubts the exist- 
 ence of these characters of Congress, let him consult their journals for the 
 yeai-3 78, '79, and '80. ... It was acknowledged by Mr. Patterson 
 that his plan could not be enforced without military coercion. Does he 
 consider the force of this concession ? . . . Rebellion is the only case 
 in which the military force of the State can be properly exerted against its 
 citizens. In one point of view, he was struck with horror at the prospect 
 of recurring to this expedient. . . . He took this occasion to repeat, 
 that, notwithstanding his solicitude to establish a National Government, 
 he never would agree to abolish the State Governments, or render them 
 absolutely insignificant. . . The Convention . . could not be expected 
 to make a faultless Government. And he should prefer trusting to pos- 
 terity the amendment of its defects, rather than to push the experiment 
 too far." 
 
 " Mr. Luther Martin agreed with Colonel Mason, as to the importance 
 of the State Governments. He would support them, at the expense of the 
 General Government, which was instituted for the purpose of that sup- 
 port. He saw no necessity for two branches ; and, if it existed, Congress 
 might be organized into two 
 
 He thought . . that a National Judiciary, extended into the States, would 
 be ineffectual, and would be viewed with a jealousy inconsistent with its 
 usefulness." 
 
 " Mr. Sherman [from Connecticut] seconded and supported Mr. Lan- 
 sing's motion. . . Congress carried us through the war ; and, perhaps, 
 as well as any government would have done. . . . x\ll the States were 
 sensible of the defect of power in Congress. He thought much might be 
 said in apology for the failure of the State Legislatures to comply with the 
 Confederation. . . ■ Congress, indeed, by the Confederation, have, in 
 fact, the right of saying how much the people shall pay, and to what pur- 
 pose it shall be applied : and this right was granted to them in the expec- 
 tation that it would in all cases have its effect." 
 
 " Mr. Wilson urged the necessity of two branches. . . [After notic- 
 ing the defects of other Confederacies], he appealed to our own experience 
 of the defects of our own Confederacy. He had been, six years of the 
 twelve since the commencement of the Revolution, a member of Congress, 
 and had felt all its weaknesses. . . The success of the Revolution was 
 owing to other causes than the constitution of Congress. In many in- 
 stances, it went even against the difficulties arising from Congress them- 
 selves. He insisted that a jealousy would exist between the State Legisla- 
 tures and the General Legislature ; observing that the members of the 
 former would have views and feelings very distinct, in this respect, from 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 23 
 
 their constituents. ... He observed that the addresses of Congress to 
 the people at large had always been better received, and produced greater 
 effect, than those raade to the Legislatures." 
 
 The question was then taken ; and Mr. Lansing's motion, 
 seconded by Mr. Sherman, was lost, — Jye, four; No, six. 
 
 June 2lst. — The second Resolution in the Report of the 
 Committee of the Whole, — " That the National Legislature 
 ought to consist of two branches," — being again under con- 
 sideration, — 
 
 "Mr. Wilson. — It was asked, how the General Government and indi- 
 viduality of the particular States could be reconciled to each other, and 
 how the latter could be secured against the former ? Might it not, on the 
 other side, be asked, how the former was to be secured against the latter? 
 . . . The General Government will be as ready to preserve the rights 
 of the States as the latter are to preserve the rights of individuals, all the 
 members of the former having a common interest, as representatives of all 
 the people of the latter, to leave the State Governments in possession of 
 what the people wish them to retain. He could not discover, therefore, 
 any danger whatever on the side from which it was apprehended. On the 
 contrary, he conceived that, in spite of every precaution, the General 
 Government would be in perpetual danger of encroachments from the 
 State Governments." 
 
 ** Mr. Madison was of opinion, in the first place, that there was less 
 danger of encroachment from the General Government than from the State 
 Governments ; and, in the second place, that the mischiefs from encroach- 
 ments would be less fatal, if made by the former than if made by the 
 latter. 
 
 "All the examples of other confederacies prove the greater tendency, in 
 euch systems, to anarchy than to tyranny ; to disobedience of the members 
 than to usurpations of the federal head. Our own experience had fully 
 illustrated this tendency. ... In some of the States, particularly in 
 Connecticut, all the townships are incorporated, and have certain limited 
 jurisdictions. Have the representatives of the people of the townships, in 
 the Legislature of the State, ever endeavored to despoil the townships of 
 any part of their local authority ? . . . . The relation of a General 
 Government to State Governments is parallel. 
 
 " Guards were more necessary against the encroachments of the State 
 Governments on the General Government, than of the latter on the former. 
 . . . . Were it practicable for the General Government to extend its 
 care to every requisite object, without the cooperation of the State Gov- 
 ernments, the people would not be less free, as members of one great 
 Republic than as members of thirteen small ones. . . . Supposing, 
 therefore, a tendency in the General Government to absorb the State 
 Governments, no fatal consequences could result. Taking the reverse as 
 the supposition, that a tendency should be left in the State Governments 
 towards an independence on the General Government, and the gloomy 
 consequences need not be pointed out. The imagination of them must 
 have suggested to the States the experiment we are now making to 
 prevent the calamity, and must have formed the chief motive with those 
 present to undertake the arduous task." 
 
 The question being taken on the Resolution, — " That the 
 Legislature ought to consist of two branches," — the votes 
 were, Aye, seven ; No, three. Maryland divided, and there- 
 fore not counted. 
 
 The third Resolution of the Report, on the 13th, — "That 
 the members of the first branch of the National Legislature 
 
24 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 ought to be elected by the people of the several States," — 
 being taken up, — 
 
 " General Pinckney [from South Carolina] moved that the first branch, 
 instead of being elected by the people, should be elected in such manner 
 as the Legislature of each State should direct." 
 
 4 ' Mr. L. Martin seconded the motion." 
 
 " Colonel Hamilton considered the motion as intended manifestly to 
 transfei the election from the people to the State Legislatures, which would 
 essentially vitiate the plan. It would increase the State influence, which 
 could not he too watchfully guarded against." 
 
 " Mr. Sfkrman would like an election by the Legislatures best, but is 
 contend with the plan as it stands." 
 
 " Mr. Wilson considered the election of the first branch by the people 
 not ')ii\j aF the corner-stone, but as the foundation of the fabric. . . . 
 The Legislatures are actuated not merely by the sentiment of the people, 
 but. have a.n official sentiment opposed to that of the General Government, 
 and perhaps to that of the people themselves." 
 
 " Mr. King enlarged on the same distinction." 
 
 " On the question for General Pinckney's motion, Aye, 
 four; No, six ; Maryland, divided." 
 
 " On the question for the election of the first branch by 
 the people, Aye, nine ; No, one; Maryland, divided.'' 
 
 June 22c?. — The clause in the third Resolution, — "To 
 receive fixed stipends . . out of the National Treasury," — « 
 being considered, — 
 
 "Mr. Ellsworth [from Connecticut] moved to substitute payment by 
 the States out of their own treasuries." 
 
 " Mr. Gorham wished not to refer the matter to the State Legislatures. 
 . . . Let the National Legislature provide for their own wages, from 
 time to time, as the State Legislatures do." 
 
 " Mr. Randolph. — If the States were to pay the members of the 
 National Legislature, a dependence would be created that would vitiate 
 the whole system. The whole nation has an interest in the attendance 
 and services of the members. The National Treasury, therefore, is the 
 proper fund for supporting them." 
 
 " Mr. King urged the danger of creating a dependence on the States, 
 by leaving to them the payment of the members of the National Legisla- 
 ture." 
 
 " Mr. Sherman contended for referring both the quantum and the pay- 
 ment of it to the State Legislatures." 
 
 "Mr. Wilson. — Rethought it of great moment, that the members 
 of the National Government should be left as independent as possible of 
 the State Governments in all respects." 
 
 " Mr. Madison concurred in the necessity of preserving the compensa- 
 tions for the National Government independent of the State Governments." 
 
 " Colonel Hamilton. — He was strenuous against making the National 
 Council dependent on the legislative rewards of the States. . . . He 
 expatiated emphatically on the difference between the feelings and views 
 of the people and those of the Government of the States, arising from the 
 personal interests and official inducements which must render the latter 
 unfriendly to the General Government." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, *89. 25 
 
 On the question for striking out " National Treasury," as 
 moved by Mr. Ellsworth. — 
 
 " Colonel Hamilton renewed his opposition to it. He pressed the 
 distinction between the State Governments and the people. The former 
 would be the rivals of the General Government. The State Legislatures 
 ought not, therefore, to be paymasters of the latter." 
 
 On the question for Mr. Ellsworth's motion, Aye, four ; 
 No, five. 
 
 June 25th. — The Resolution in the Report, — " That the 
 members of the second branch of the National Legislature 
 ought to be chosen by the individual Legislatures," — being 
 taken up, — 
 
 "Mr. Charles Pinckney. — The efficacy of the system will depend on 
 this Article. In order to form a right judgment in the case, it will be 
 proper to examine the situation of this country. ..... 
 
 " Our true situation appears to me to be this, — a new, extensive coun- 
 try, containing within itself the materials for forming a Government 
 capable of extending to its citizens all the blessings of civil and religious 
 liberty ; capable of making them happy at home. This is the great end 
 of republican establishments. . . . The people of the United States 
 may be divided into three classes, — professional men, . . . commercial 
 men, . . and the landed interest, the owners and cultivators of the soil. 
 . . . . 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, . . that, after all, 
 there is one, but one, great and equal body of citizens composing the 
 inhabitants of this country. . . For a people thus circumstanced are 
 we, then, to form a Government ; and the question is, what sort of Gov- 
 ernment is best suited to them ? . . "We must, as has been observed, 
 suit our Government to the people it is to direct. These are, I believe, 
 as active, intelligent, and as susceptible of good government 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 and defects of a Gov- 
 ernment 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 government 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, which 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 Com- 
 mittee will fully answer this end." 
 
 " Mr. Wilson. — . . It was necessary to observe the two-fold relation 
 in which the people will stand, first, as citizens of the General Govern- 
 ment ; and, secondly, as citizens of their particular State. The General 
 Government was meant for them, in the first capacity ; the State Govern- 
 ments, in the second. Both Governments 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 Governments were applicable to their rela- 
 tions to the General Government. And, in forming the latter, we ought 
 to proceed by abstracting as much as possible from the idea of the State 
 Governments. . . The General Government 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 StateB, ought to be represented in it." 
 
26 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 On the question to agree " That the members of the second 
 branch be chosen by the individual Legislatures," Aye, nine ; 
 iVb, two. 
 
 The clause, — " That the second branch hold their offices 
 for a term of seven years," — being considered, — 
 
 "Mr. Read proposed that they should hold their offices during good 
 behavior." 
 
 " Mr. Robert Morris [from Pennsylvania] seconds him."* 
 
 Jane 26th. — The duration of the second branch being 
 again under consideration, — 
 
 " Mr. Gorham moved to fill the blank with six years, one-third of the 
 members to go out every second year." 
 
 " Mr. Wilson seconded the motion." 
 
 " General Pincknev opposed six, in favor of four years." 
 
 " Mr. Read moved that the term be nine years. . . He would still 
 prefer ' during good behavior ;' but, being little supported in that idea, he 
 was willing to take the longest term that could be obtained." 
 
 •■' Mr. Jacob Broom [from Delaware] seconded the motion." 
 
 "Mr. Madison. — In order to judge of the form to be given to this 
 institution, it would be proper to take a view of the ends to be served 
 by it. These were, — first, to protect the people against their rulers; 
 secondly, to protect the people against the transient impressions into 
 which they themselves might be led. . . Such being the objects of the 
 second branch in the proposed Government, he thought a considerable 
 duration ought to be given to it. He did not conceive that the term of 
 nine years could threaten any real danger. . . . He observed that, as 
 it was more than probable we were now digesting a plan, which, in its 
 operation, would decide forever the fate of republican government, we 
 ought not only to provide every guard to liberty that its preservation 
 could require, but be equally careful to supply the defects which our own 
 experience had particularly pointed out." 
 
 " Mr Read wished it to be considered by the small States that it was 
 their interest that we should become one people as much as possible ; that 
 State attachments should be extinguished as much as possible ; that the 
 Senate should be so constituted as to have the feelings of citizens of the 
 whole." 
 
 " Colonel Hamilton. — He did not mean to enter particularly into the 
 subject. He concurred with Mr. Madison in thinking we were now to 
 decide forever the fate of republican government ; and if we did not give 
 to that form due stability and wisdom, it would be disgraced and lost 
 among ourselves, disgraced and lost to mankind forever. . . He con- 
 curred, also, in the general observations of Mr. Madison on the subject, 
 which might be supported by others, if it were necessary. It was certainly 
 true that nothing like an equality of property existed ; that an inequality 
 would exist as long as liberty existed, and that it would result from that 
 very liberty itself." 
 
 " Mr. Gerry wished we could be united in our ideas concerning a 
 permanent Government. All aim at the same end; but there are great 
 differences as to the means. . . The Convention ought to be extremely 
 cautious in what they hold out to the people. ... If the plan should 
 
 *In a generally approved history of the Revolution, it is stated that the pecu- 
 niary services of Robert Morris contributed hardly less to the success of that 
 wonderful struggle, than did the military services of General Washington. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 27 
 
 be of such a nature as to rouse a violent opposition, it is easy to foresee 
 that discord and confusion will ensue. . . . He admitted the evils 
 arising from a frequency of elections, and would agree to give the Senate 
 a duration of four or five years A longer term would defeat itself. It 
 never would be adopted by the people." 
 
 " Mb. Wilson. — .... The true reason why Great Britain has 
 not yet listened to a commercial treaty with us has been, because she has no 
 confidence in the stability or efficacy of our Government. Nine years, with 
 a rotation, will provide these desirable qualities. . . In such a body, 
 the personal character will be lost in the political. The popuht r objection 
 against appointing any public body for a long term was that it might, by 
 gradual encroachments, prolong itself, first, into a body for life, and 
 finally become a hereditary one. ... As one-third would go out 
 triennially, there would be always three divisions, holding their places 
 for unequal terms, and consequently acting under the influence of different 
 views and different impulses." 
 
 On the question for nine years, Aye, three ; No, eight. 
 
 On the question for six years, Aye, seven ; No, four. 
 
 The clause of the fourth Resolution, — " To receive a com- 
 pensation for their services/' — being under consideration, — 
 
 " Mr. Ellsworth moved to strike out ' to be paid out of the National 
 Treasury,' and insert ' to be paid by their respective States.' " 
 
 "Mr. Madison considered this as a departure from a fundamental 
 principle, and subverting the end intended, by allowing the Senate a 
 duration of six years. . . . The motion would make the Senate, like 
 Congress, the mere agents and advocates of State interests and views, 
 instead of being the impartial umpires and guardians of justice and the 
 general good." 
 
 " Mr. Jonathan Dayton [from New Jersey] considered the payment of 
 the Senate by the States as fatal to their independence. He was decided 
 for paying them out of the National Treasury." * 
 
 On the question for payment of the Senate, as moved by 
 Mr. Ellsworth, Aye, five ; No, six. 
 
 On the question, whether the words " to be paid out of the 
 National Treasury" should stand, Aye, five ; No, six. 
 
 June 21th. — A question being proposed on the Resolution 
 declaring " that the suffrage in the first branch should be 
 according to an equitable ratio " [of .representation], — , 
 
 " Mr. Luther Martin contended, at great length, and with great eager- 
 ness, that the General Government was meant merely to preserve th^ State 
 Governments, not to govern individuals ; that its powers ought to be kept 
 within narrow limits . . . That individuals, as such, have little to 
 do but with their own States. . . . That the States, like individuals, 
 were in a state of nature, equally sovereign and free. . . . That the 
 propositions on the table were a system of slavery for ten States. . . . 
 That it will be in vain to propose any plan offensive to the rulers of 
 the States, whose influence over the people will certainly prevent their 
 adopting it " 
 
 June 2Sth. — " Mr. Madison said he was much disposed to concur 
 in any expedient, not inconsistent with fundamental principles, that 
 
 ♦Mr. Dayton took his seat in the Convention, June 21s*. 
 
28 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 could remove the difficulty concerning the rule of representation. But 
 he could neither be convinced that the rule contended for was just, nor 
 that it was necessary for the safety of the small States against the large 
 States. That it was not just, had been conceded by Mr. Brearly and 
 Mr. Patterson themselves. The expedient proposed by them was a new 
 
 partition of the territory of the United States 
 
 The true policy of the small States lies in promoting those principles, and 
 that form of Government, which will most approximate the States to the 
 condition of counties. . . . Give to the General Government sufficient 
 energy and permanency, and gradual partitions of the large, and junctions 
 of the small, States will be facilitated; and time may effect that equaliza- 
 tion which is wished for by the small States now, but can never be accom- 
 plished at once." 
 
 " Doctor [Benjamin] Franklin. — Mr. President, the small progress we 
 have made, after four or five weeks' close attendance and continual reason- 
 ings with each other, . . is, methinks, a melancholy proof of the imperfec- 
 tion of the human understanding. . . We have gone back to ancient 
 history for models of government, . . and we have viewed modern States all 
 round Europe, but find none of their Constitutions suitable to our circum- 
 stances. . . In the beginning of the contest with Great Britain, when we 
 were sensible of danger , we had daily prayers in this room for the Divine 
 protection. . . . All of us, who were engaged in the struggle, must 
 nave observed frequent instances of a superintending Providence in our 
 favor. To that kind Providence we owe this happy opportunity of consid- 
 ering, in peace, on the means of establishing our future National felicity. 
 . . . I have lived, sir, a long time ; and the longer I live, the more 
 convincing proofs I see of this truth, — that God governs in the affairs of 
 men. ... I firmly believe this ; and I also believe, that without His 
 concurring aid, we shall succeed in this political building no better than 
 the builders of Babel. We shall be divided by our little partial local 
 interests ; our projects will be confounded ; and we ourselves shall become 
 a reproach and byword down to future ages. 
 
 " I therefore beg leave to move, that henceforth, prayers, imploring the 
 Divine assistance of Heaven, and its blessings on our deliberations, be 
 held in this Assembly, every morning, before we proceed to business." 
 
 The following is Mr. Madison's explanation of the manner 
 in which this address was received and disposed of in the 
 Convention : — 
 
 " Mr. Sherman seconded the motion." 
 
 " Colonel Hamilton and several others expressed their apprehensions, 
 that, however proper such a Resolution might have been at the beginning 
 of the Convention, it might, at this late day, in the first place, bring on 
 it some disagreeable animadversions [because so long omitted] ; and, in the 
 second, lead the public to believe that the embarrassments and dissensions 
 within the Convention had suggested this measure." 
 
 " Mr. Williamson observed that the true cause of the omission could not 
 be mistaken. The Convention had no funds." 
 
 "Mr. Randolph proposed, in order to give a favorable aspect to the 
 measure, that a sermon be preached, at the request of the Convention, on 
 the Fourth of July, the anniversary of Independence ; and thenceforward, 
 prayers, etc., be read in the Convention every morning." 
 
 " Doctor Franklin seconded this motion." 
 
 "After several unsuccessful attempts for silent Jy postponing this matter 
 by adjourning, the adjournment was at length carried, without any vote on 
 the motion." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 29 
 
 June 29th. — " Doctor Johnson [from Connecticut], — 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 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 com- 
 bined ; that in one branch, the people ought to be represented ; in the 
 -other, the States," 
 
 ■" Me. Gorham, — He conceived that a rupture of* the Union would be 
 an event unhappy for all ; but surely the large States would be least 
 unable to take care of themselves On the whole, he consid- 
 ered a union of the States as necessary to their happiness, and a firm 
 General Government as necessary to their union. He should consider it 
 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. ' ' 
 
 ** Mr. Ellsworth did not despair. He still trusted that some good plan 
 of Government would be devised and adopted." 
 
 " Mr. Read. — He should have no objection to the system if it were 
 
 truly national, but it has too much of a federal mixture in it 
 
 Delaware had enjoyed tranquillity, and, he nattered himself, would continue 
 to do so. He was not, however, so selfish as not to wish for a good General 
 Government. In order to obtain one, the whole States must be incorpo- 
 rated. . , They must be done away. The ungranted lands, also, which 
 have been assumed by particular States, must be given up. He repeated his 
 approbation of the plan of Mr. Hamilton, and wished it to be substituted 
 for that on the table," 
 
 ■** Mr. Madison agreed with Doctor Johnson, that the mixed nature of 
 the Government ought to be kept in view, but thought too much stress 
 was laid on the rank of States as political societies. . . He pointed out 
 the limitations on the sovereignty of the States, as now confederated. . . 
 He entreated the gentlemen representing the small States to renounce a 
 principle which was confessedly unjust ; which could never be admitted ; 
 and which, if admitted, must infuse mortality into a Constitution which 
 we wished to last forever. He prayed them to ponder well the conse- 
 quences of suffering the Confederacy to go to pieces. . . The same 
 causes which have rendered the Old World the theatre of incessant wars, 
 and have banished liberty from the face of it, would soon produce the 
 
 same effects here These consequences, he conceived, ought 
 
 to be apprehended,; whether the States should run into a total separation 
 from each other, or should enter into partial confederacies. Either event 
 would be truly deplorable ; and those who might be accessory to either 
 could never be forgiven by their country, nor by themselves." 
 
 "•Colonel Hamilton observed that individuals forming political socie- 
 ties modify their rights differently, with regard to suffrage. Examples of 
 it are found in all the States. . . . 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 and absurd than to sacrifice the former 
 to the latter. .It has been said, 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? . . . Will the 
 people of Delaware be less free, if each citizen have an equal vote with 
 each citizen of J^ennsylvauia? . . . No considerable inconveniences 
 
30 
 
 had been found from the division of the State of New York into districts 
 of different sizes. Some of the consequences of a dissolution of the Union, 
 and of the establishment of partial confederacies, have been pointed out. 
 lie would add another, of a most serious nature. Alliances . . with 
 different and hostile nations of Europe, who will make us parties to all 
 their own quarrels. . . It has been said, that respectability in the eyes 
 of foreign nations was not the object at which ws aimed ; that the proper 
 object of republican government was domestic tranquillity and happiness. 
 . . No government could give us tranquillity and happiness at home, 
 which did not possess sufficient stability and strength to make us respected 
 abroad. This was the critical moment for forming such a government. 
 . . As yet, we retain the habits of union. We are weak, and sensible 
 of our weakness. Henceforward, the motives will become feebler and the 
 difficulties greater. It is a miracle that we are now here, exercising our 
 tranquil and free deliberations on the subject. It would be madness to 
 trust to future miracles. A thousand causes must obstruct a reproduction 
 of them." * 
 
 "Mr. "William Pierce [from Georgia], — The members of Congress 
 were advocates for local advantages. State distinctions must be sacrificed, 
 as far as the general good required, but without destroying the States. 
 Though from a small State, he felt himself a citizen of the United States, 
 whose general interest he would always support." f 
 
 " Mr. Gerry urged that we never were independent States, were not 
 such now, and never could be, even on the principle of the Confederation. 
 . . . The present Confederation he considered as dissolving. The fate 
 of the Union will be decided by the Convention." 
 
 " Mr Luther Martin remarked, that the language of States being sov- 
 ereign and independent, was once familiar and understood, though it 
 seemed now so strange and obscure." 
 
 "Mr. Ellsworth. — To the eastward, he was sure Massachusetts was 
 the only State that would listen to a proposition for excluding the States, 
 as equal political societies, from an equal voice in both branches. The 
 others would risk every consequence, rather than part with so dear a 
 right." 
 
 June 30th. — "Mr. Wilson. — The gentleman from Connecticut (Mr. 
 Ellsworth) had pronounced that, if the motion [for an equal vote in the 
 second branch] should not be acceded to, of all the States north of Penn- 
 sylvania, one only would agree to any General Government. ... He 
 hoped the alarms exceeded their cause, and that they would not aban- 
 don a country to which they were bound by so many strong and endearing 
 ties. . . Can we forget for whom we are forming a Government ? Is 
 it for men, or for the imaginary beings called States Y ... It is all a 
 mere illusion of names. We talk of States till we forget what they are 
 composed of. . . Bad governments are of two sorts, — first, that which 
 does too little; secondly, that which does too much, — that which fails 
 through weakness, and that which destroys through oppression. Under 
 which of these evils do the United States at present groan ? Under the 
 weakness and inefficiency of its Government. To remedy this weakness, 
 we have been sent to this Convention." 
 
 "Mr. Madison. — He contended that the States were divided into 
 different interests, not by their difference of size, but by other circum- 
 stances ; the most natural of which resulted partly from climate, but prin- 
 cipally from the effects of their having or not having slaves. These two 
 causes concurred in forming the great division of the interests. in the 
 United States. It did not lie between the large and small States. It lay 
 
 . * From that day, Colonel Hamilton was absent till August 13th. 
 • r t A few of these extracts are taken from Judge Yates's Journal. Mr. Pierce took 
 his seat in ihe Convention, May Slst. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 31 
 
 between the Northern and Southern ; and, if any defensive power were 
 necessary, it ought to be mutually given to those two interests." 
 
 " Mr. Ellsworth assured the House that, whatever might be thought 
 of the Representatives of Connecticut, the State was entirely Federal in 
 her disposition." 
 
 " Mr. Sherman. — Congress is not to blame for the faults of the States. 
 Their measures have been right, and the only thing wanting has been a 
 further power in Congress to render them effectual." 
 
 " Mr. William R. Davie [from North Carolina] was much embarrassed. 
 If a proportional representation was attended with insuperable difficulties, 
 the making the Senate the representative of the States [as moved by Mr. 
 Ellsworth] looked like bringing us back to Congress again, and shutting 
 out all the advantages expected from it." * 
 
 " Mr King observed, . . that a reform would be nugatory and nominal 
 only, if we should make another Congress of the proposed Senate ; that 
 if the adherence to an equality of votes was fixed and unalterable, there 
 could not be less obstinacy on the other side. . . That he was, how- 
 ever, filled with astonishment, that, if we were convinced that every man 
 in America was secure in all his rights, we should be ready to sacrifice 
 this substantial good to the phantom of State Sovereignty. That his 
 feelings were more harrowed, and his fears more agitated, for his country, 
 than he could express ; that he conceived this to be the last opportunity 
 of providing for its liberty and happiness ; that he could not, therefore 
 but repeat his amazemement, that, when a just Government, founded on a 
 fair representation of the people of America, was within our reach, we 
 should renounce the blessing, from an attachment to the ideal freedom 
 and importance of States. That, should this wonderful illusion continue 
 to prevail, his mind was prepared for every event, rather than sit down 
 under a Government founded on a vicious principle of representation, and 
 which must be as short-lived as it would be unjust." 
 
 "Mr. Dayton. — It should have been shown, that the evils we have 
 experienced have proceeded from the equality now objected to ; and that 
 the seeds of dissolution for the State Governments are not sown in the 
 General Government." 
 
 " Mr. Martin would not confederate, if it could not be done on just 
 principles." 
 
 "Mr. Madison. — -The plan, in its present shape, makes the Senate 
 absolutely dependent on the States. The Senate, therefore, is only another 
 edition of Congress. He knew the faults of that body, and had used a 
 bold language against it." 
 
 "Mr. Gunning Bedford [from Delaware] contended that there was no 
 middle ground between a perfect consolidation, and a mere confederacy, of 
 the States. The first is out of the question ; and in the latter they must 
 continue, if not perfectly, yet equally, sovereign. . . The three large 
 States have a common interest to bind them together in commerce. But, 
 whether a combination, as we supposed, or a competition, as others .sup- 
 
 Eosed, should take place among them, — in either case, the small States will 
 e ruined. We must, like Solon, make such a Government as the people 
 will approve. ... It is not true that the people will not agree to 
 enlarge the powers of the present Congress. The language of the people has 
 been, that Congress ought to have the power of collecting the impost, and of 
 coercing the States where it may be necessary. . . We have been told, . . 
 that this is the last moment for a fair trial in favor of a good Government. 
 It will be the last, indeed, if the propositions reported from the Committee 
 go forth to the people. He was under no apprehensions. The large States 
 
 * Mr. Davie took his seat at the opening of the Convention. 
 
32 
 
 dare not dissolve the Confederation. If they do, the small ones will find 
 Borne foreign ally, of more honor and good faith, who will take them by 
 the hand, and do them justice. He did not mean by this to intimidate or 
 alarm. It was a natural consequence, which ought to be avoided by 
 enlarging the Federal powers, not by annihilating the Federal system. 
 This is what the people expect. All agree in the necessity of a more 
 efficient Government, and why not make such an one as they desire ? " * 
 
 "Mr. Ellsworth. — Under a National Government, he should partici- 
 pate in the national security, as remarked by Mr. King ; but that was all. 
 What he wanted was domestic happiness." 
 
 "Mr. King was for preserving the States in 'a subordinate degree, and 
 as far as they would be necessary for the purposes stated by Mr. Ells- 
 worth. . . . For himself, whatever might be his distress, he never 
 would court relief from a foreign power. ' ' 
 
 July 2d. — " Mr. C. Pinckney. — . . He was extremely anxious that 
 something should be done, considering this as the last appeal to a regular 
 experiment. Congress have failed in almost every effort for an amend- 
 ment of the Federal system. Nothing has prevented a dissolution of it 
 but the appointment of this Convention ; and he could not express his 
 alarms for the consequence of such an event." 
 
 " General Pinckney. — . . Some compromise seemed to be necessary, 
 the States being equally divided on the question for an equality of votes 
 in the second branch. He proposed that a Committee, consisting of a 
 member from each State, should be appointed to devise and report some 
 compromise." 
 
 " Mr. L. Martin had no objection to a commitment ; but no modifica- 
 tions whatever could reconcile the smaller States to the least diminution 
 of their equal sovereignty." 
 
 " Mr. Sherman. — We are now at a full stop. . . A Committee he 
 thought most likely to hit on some expedient." 
 
 " Mr. Gouverneur Morris [a delegate from Pennsylvania] thought a 
 Committee advisable, as the Convention had been equally divided." f 
 
 " Mr. Randolph favored a commitment, though he did not expect much 
 benefit from the expedient." 
 
 " Mr. Caleb Strong [from Massachusetts] was for the commitment." 
 
 " Mr. Lansing would not oppose the commitment, though he expected 
 little advantage from it." 
 
 How changed the prospect since the 13th of June ! % 
 This was indeed an appalling crisis in the business of the 
 Convention. It was evidently so regarded by its members. 
 A number of those members, however, doubtless anticipated 
 or apprehended such kind of crisis, from the apparent deter- 
 mination evinced to procure, if possible, the substitution of 
 the plan proposed by Mr. Patterson, on the \bth of June, § 
 for the one proposed by Mr. Randolph, at the beginning. 
 
 " Mr. Williamson. — If we do not concede on both sides, our business 
 ■will soon be at an end." 
 
 " Mr. Gerry was for the commitment. Something must be done, or we 
 
 * Mr. Bedford took his seat at the opening of the Convention. 
 
 fMr. Morris was in the Convention at its opening, but left soon after the com- 
 mencement of its business. Having been so long absent, he had now just returned 
 from New York. 
 
 t See p. 18. § See p. 18. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 33 
 
 ehall disappoint, not only America, but the whole world. . . Accom- 
 modation is absolutely necessary, and defects may be amended by a future 
 Convention." 
 
 M Mr. Madison. — If you appoint one from each State, we shall have in 
 it the whole force of State prejudices. The great difficulty is to conquer 
 former opinions. The motion of the gentleman from South Carolina can 
 be as well decided here as in committee." 
 
 The Committee was appointed by ballot. It consisted of 
 "Mr. Gerry, Mr. Ellsworth, Mr. Yates, Mr. Patterson, 
 Dr. Franklin, Mr. Bedford, Mr. Martin, Mr. Mason, Mr. 
 Davie, Mr. Rutledge, Mr. Baldwin." 
 
 The Convention then adjourned to Thursday, July 5th. 
 
 July 5ih. — "The Report of the Committee was read.' 7 
 
 " That, in the first branch of the Legislature, each of the 
 States now in the Union be allowed one member for every 
 forty thousand inhabitants. . . That each State, not con- 
 taining that number, shall be allowed one member. 
 
 " That all bills for raising or appropriating money, and for 
 fixing the salaries of the officers of the government of the 
 United States, shall originate in the first branch ; . . . and 
 that no money shall be drawn from the public Treasury, but 
 in pursuance of appropriations to be originated in the first 
 branch. 
 
 " That, in the second branch of the Legislature, each State 
 shall have an equal vote." 
 
 " Mr. Gorham. — I call for an explanation of the principles on which 
 it [the Report] is grounded." 
 
 " Mr. Martin. — The one representation is proposed as an expedient foi 
 the adoption of the other." 
 
 " Mr. Wilson. — The Committee have exceeded their powers." 
 
 " Mr. Martin proposed to take the question on the whole of the Report.* 
 
 " Mr. Wilson. — I do not choose to take a leap in the dark. I have a 
 right to call for a division of the question on each distinct proposition." 
 
 " Mr Madison could not regard the privilege of originating money bills 
 as any concession on the side of the small States. Experience proved that 
 it had no effect. . . It was in vain to purchase concord in the Conven- 
 tion on terms which would perpetuate discord among their constituents. 
 The Convention ought to pursue a plan which would bear the test of 
 examination, which would be espoused and supported by the enlightened 
 and impartial part of America ; and which they could themselves vindicate 
 and urge. . . The merits of the system alone can finally and effectually 
 obtain the public suffrage. He was not apprehensive that the people of 
 the small States would obstinately refuse to accede to a Government 
 founded on just principles, and promising them substantial protection. 
 .... Harmony in the Convention was, no doubt, much to be desired. 
 Satisfaction to all the States, in the first instance, still more so. But if 
 the principal States, comprehending a majority of the people of the United 
 States, should concur in a just and judicious plan, he had the firmest hopes 
 that all the other States would by degrees accede to it." 
 
 " Mr. Gouverneur Morris. — . . He came here as a Representative 
 of America ; he flattered himself he came here, in some degree, as a 
 
34 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 Representative of the whole human race ; for the whole human race will 
 be affected by the proceedings of this Convention. He wished gentlemen 
 to extend their views beyond the present moment of time, beyond the 
 narrow limits of place from which they derive their political origin. If 
 he were to believe some things which he had heard, he should suppose 
 that we were assembled to truck and bargain for our particular States. 
 He cannot descend to think that any gentlemen are really actuated by these 
 views. We must look forward to the effects of what we do. These alone 
 ought to guide us. Much has been said of the sentiments of the people. 
 They are unknown. They could not be known. All that we can infer, is, 
 that if the plan we recommend be reasonable and right, all who have reason- 
 able minds and sound- intentions will embrace it, notwithstanding what 
 has been said by some gentlemen. Let us suppose that the larger States 
 shall agree, and that the smaller refuse ; and let us trace the consequences. 
 . . This country must be united. If persuasion does not unite it, the sword 
 will. He begged this consideration might have its weight. The scenes of 
 horror attending civil commotions cannot be described ; and the conclusion 
 of them will be worse than the term of their continuance. . . State 
 attachments and State importance have been the bane of this country. 
 We cannot annihilate, but we may perhaps take out the teeth of, the ser- 
 pents. He wished our ideas to be enlarged to the true interest of man, 
 instead of being circumscribed within the narrow compass of a particular 
 spot. And, after alj, how little can be the motive yielded by selfishness 
 for such a policy? Who can say whether he himself, much less whether 
 his children, will the next yea/be an inhabitant of this or that State? " 
 
 " Mr. Bedford. — . . No man can foresee to what extremities the small 
 States may be driven by oppression. . . . The smaller States have 
 conceded as to the constitution of the first branch, and as to money bills. 
 If they be not gratified by correspondent concessions as to the second 
 branch, is it to be supposed that they will ever accede to the plan? And 
 what will be the. consequence, if nothing should be done? The condition 
 of the United States requires that something should be immediately done. 
 It is better that a defective plan should be adopted, than that none should 
 be recommended. He saw no reason why defects might not be supplied 
 by meetings ten, fifteen, or twenty years hence." 
 
 " Mr. Gerry. — Though he had assented to the Report in the Committee, 
 he had very material objections to it. We were, however, in a peculiar 
 situation. We were neither the same nation, nor different nations. We 
 ought not, therefore, to pursue the one or the other of these ideas too 
 closely. If no compromise should take place, . . a secession , he foresaw, 
 would take place ; for some gentlemen seemed decided on it. Two different 
 plans would be proposed, and the result no man could foresee." 
 
 July 6th. — " Mr. Gouverneur Morris moved to commit 
 so much of the Report as relates to one member for every 
 forty thousand inhabitants." 
 
 " Mr. Wilson seconded the motion, but with a view of leaving the 
 Committee under no implied shackles." 
 
 " Mr. Goriiam apprehended great inconvenience from fixing directly 
 the number of Representatives to be allowed to each State. He thought the 
 number of inhabitants the true guide ; though perhaps some departure 
 might be expedient from the full proportion." 
 
 " Mr. Gerry. — . . He favored the commitment, and thought that 
 representation ought to be in the combined ratio of numbers of inhabi- 
 tants and of wealta, and not of either singly." 
 
 " Mr. King wished the clause to be committed, chiefly in order to detach 
 it from the Raport, with which it had no connection." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 35 
 
 " Mr. Pinckney saw no good reason for committing. The value of land 
 had been found, on full investigation, to be an impracticable rule.* . . 
 The number of inhabitants appeared to him the only just and practicable 
 rule." 
 
 Mr. Morris's motion prevailed ; and the Committee was 
 appointed, consisting of five members. 
 
 July Wi. — The question, — "Shall the clause allowing 
 each State one vote in the second branch stand in the 
 Report ? " — being taken up, — 
 
 " Mr. Gerry. — . . He had rather agree to it than have no accommo- 
 dation. A Government, short of a proper national plan, if generally 
 acceptable, would be preferable to a proper one which, if it could be 
 carried at all, would operate on discontented States. He thought it would 
 be best to suspend the question till the Committee appointed yesterday 
 should make report." 
 
 " Mr. Sherman supposed that it was the wish of every one that some 
 General Government should be established." 
 
 " Mr. Wilson was not deficient in a conciliatory temper ; but, . . con- 
 ciliation . . was pursued here rather among the Representatives, than 
 among the constituents ; and it would be of little consequence if not estab- 
 lished among the latter. There could be little hope of its being established 
 among them, if the foundation should not be laid in justice and right." 
 
 On the question, — " Shall the words stand as part of the 
 Report ? " — Aye, six ; No, three. 
 
 " Mr. Patterson would not decide whether the privilege concerning 
 money bills were a valuable consideration, or not ; but, . . after the 
 establishment of that point [the rule of representation in the first branch], 
 the small States would never be able to defend themselves without an 
 equality of votes in the second branch. There was no other ground of 
 accommodation. His resolution was fixed. He would meet the large States 
 on that ground, and no other." 
 
 "Mr. Gouverneur Morris. — He had no resolution unalterably fixed, 
 except to do what should finally appear to him right. He was against the 
 Report, because it maintained the improper constitution of the second 
 branch. It made it another Congress. . . It had been said by Mr. 
 Gerry, that the new Government would be partly National, partly 
 Federal ; that it ought, in the first quality, to protect individuals ; in the 
 second, the State. But, in what quality was it to protect the aggregate 
 interest of the whole? . . It had been one of our greatest misfortunes, 
 that the great objects of the Nation had been sacrificed constantly to local 
 views. . . . We must have an efficient Government ; and if there be 
 an efficiency in the local [State] Governments, the former is impossible. 
 . . He will be ready to join in devising such an amendment of the plan 
 as will be most likely to secure our liberty and happiness." 
 
 July 9th. — "Mr. Daniel Carroll [from Maryland] took his seat." 
 
 " Mr. Gouverneur Morris delivered a Report from the 
 Committee of five members" [appointed on the 6th]. 
 
 " Mr. Sherman moved to refer the first part, apportioning Representa- 
 tives, to a Committee of a member from each State." 
 
 * The " value of land " adopted in the Confederation as the rule to govern the 
 States, in levying their respective proportions to supply the " common Treasury." 
 
36 
 
 M Mr Gouverneur Morris seconded the motion. . . The Report is 
 little more than a guess. Wealth was not altogether disregarded by the 
 Committee. . . The Committee meant little more than to bring the 
 matter to a point for the consideration of the House." 
 
 "Mr. Randolph disliked the Report of the Committee, but had' been 
 unwilling to object to it. . . He was in favor of a commitment to a 
 member from each State." 
 
 " Mr. Butler urged warmly the justice and necessity of regarding 
 wealth in the apportionment of Representatives." 
 
 On the question for committing to a member from each 
 State, as moved by Mr. Sherman, Aye, nine ; No, two. 
 
 "The Committee appointed were Messrs. King, Sherman, 
 Yates, Brearly, Gouverneur Morris, Read, Carroll, Madi- 
 son, Williamson, Rutledge, Houston." 
 
 July 10th. — "Mr. King reported, from the Committee 
 yesterday appointed, that the States, at the first meeting of 
 the General Legislature, should be represented by sixty-five 
 members; . . to wit, — New Hampshire, by three; Massa- 
 chusetts, eight ; Rhode Island, one ; Connecticut, five ; New 
 York, six; New Jersey, four; Pennsylvania, eight; Dela- 
 ware, one ; Maryland, six ; Virginia, ten ; North Carolina, 
 five ; South Carolina, five ; Georgia, three." 
 
 " Mr. John Rutledge [from South Carolina] moved that New Hamp- 
 shire be reduced from three to two members." % 
 
 " General Pinckney seconds the motion." 
 
 " Mr. King. — New Hampshire has probably more than one hundred and 
 twenty thousand inhabitants, and has an extensive country of tolerable 
 fertility. Its inhabitants may therefore be expected to increase fast." 
 
 " General Pinckney. — The Report, before it was committed, was more 
 favorable to the Southern States than as it now stands." 
 
 " Mr. Williamson was not for reducing New Hampshire from three to 
 two, but for reducing some others." 
 
 " General Pinckney urged the reduction ; dwelt on the superior wealth 
 of the Southern States, and insisted on its having its due weight in the 
 Government." 
 
 " Mr. Gouverneur Morris regretted the turn of the debate. The States, 
 he found, had many Representatives on the floor. Few, he feared, were to 
 be deemed the Representatives of America. He thought the Southern 
 States have by the Report, more than their share of representation. Prop- 
 erty ought to have its weight, but not all the weight. . . He was 
 against reducing New Hampshire." 
 
 On the question for reducing New Hampshire, from three 
 to two Representatives, Aye, two ; No, eight. 
 
 It would seem hardly consistent to omit the insertion of the 
 following significant letter, so illustrative of its author's views 
 as to the proceedings and prospective issue of the Conven- 
 tion, — especially as to those parts of the proceedings which 
 were the objects of the particular allusions it contains : — 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 37 
 
 General Washington to Colonel Hamilton. 
 
 "Philadelphia, 10th July, 1787. • 
 "Dear Sir, — I thank you for your communication of the 3d instant. 
 When I refer you to the state of the counsels which prevailed at the period 
 you left this city [June 29th], and add that they are now, if possible, in a 
 worse train than ever, you will find but little ground on which the hope of 
 a good establishment can be formed. In a word, I almost despair of seeing 
 a favorable issue to the proceedings of our Convention, and do therefore 
 repent having had any agency in the business. The men who oppose a 
 strong and energetic Government, are, in my opinion, narrow-minded poli- 
 ticians, or are under the influence of local views. The apprehension 
 expressed by them, that the people will not accede to the form proposed, 
 is the ostensible, not the real, cause of opposition. But, admitting that 
 the present sentiment is as they prognosticate, the proper question ought 
 nevertheless to be, — Is it, or is it not, the best form that such a country as 
 this can adopt? If it be the best, recommend it ; and it will assuredly 
 obtain, maugre opposition. I am sorry you went away. I wish you were 
 back. The crisis is equally important and alarming. No opposition, 
 under such circumstances, should discourage exertions till the signature 
 is offered. I will not at this time trouble you with more than my best 
 wishes and sincere regard. 
 
 44 1 am, dear sir, etc." * 
 
 " General Pinckney, and Mr. Alexander Martin [from North Caro- 
 lina], moved ' that six Representatives, instead of five,' be allowed to North 
 Carolina." 
 
 On the question, Aye, three ; No, seven. 
 
 " General Pinckney, and Mr. Pierce Butler [from South Carolina], 
 made the same motion in favor of South Carolina." 
 
 On the question, Aye, four ; No, seven. 
 
 11 General Pinckney, and Mr. William Houston [from Georgia], moved 
 * that Georgia be allowed four instead of three Representatives ; ' urging the 
 unexampled celerity of its population." 
 
 On the question, Aye, four ; No, seven. 
 
 On the question for agreeing to the appointment of Rep- 
 resentatives, as amended by the last Committee, Aye, nine ; 
 No, two. 
 
 JulylZth. — "Mr. Gouverneur Morris. — The train of business, and 
 the late turn which it had taken, had led him into deep meditation on it ; 
 and he would candidly state the result. A distinction had been set 
 up, and urged, between the Northern and Southern States. He had 
 hitherto considered this doctrine as heretical. He still thought the dis- 
 tinction groundless. He sees, however, that it is persisted in ; and the 
 Southern gentlemen will not be satisfied, unless they see the way open to 
 their gaining a majority in the public councils. The consequence of such 
 a transfer of power from the maritime to the interior and landed interest, 
 will, he foresees, be such an oppression to commerce, that he shall be 
 
 * It is recommended to re-examine, in connection with this letter, the extract of 
 the one dated March 31st, 1783; p. 13. In this may be noticed a reference to one 
 letter; and iu that extract a reference to two, previously received from Colonel 
 Hamilton. In them appears the same devoted and interested attention to the 
 common cause, the same coincidence of political views, and the same concurrence 
 of exertions to promote that cause, which characterzied all their correspondence 
 from the spring of 1777. 
 
 lhc above letter may be found, in the "Writings of Washington," by Doctor 
 Sp uks, vol. ix. p. 260. 
 
38 
 
 obliged to vote for the vicious principle of equality in the second branch, 
 in order to provide some defence for the Northern States against it.. . . . 
 There can be no end of demands for security, if every particular interest 
 is to be entitled to it. The Eastern States may claim it for . . . other 
 objects, as the Southern States claim it for their peculiar objects. In this 
 struggle between the two ends of the Union, what part ought the Middle 
 States, in point of policy, to take? To join their Eastern brethren, 
 according to his ideas." 
 
 July 14th. — "Mr. L. Martin called for the question on the whole 
 Report, including the parts relating to the origination of money bills, and 
 the equality of votes in the second branch." 
 
 " Mr. Rutledge proposed to reconsider the two propositions touching 
 the originating of money bills in the first, and the equality of votes in the 
 second, branch." 
 
 " Mr. Sherman was for the question on the whole at once." 
 
 11 Mr. L. Martin urged the question on the whole." 
 
 " Mr. Dayton. — The smaller States can never give up their equality. 
 For himself, he would in no event yield that security for their rights." 
 
 " Mr. Sherman urged the equality of votes." 
 
 " Mr. King. — He considered the proposed Government as substantially 
 and formally a General and National Government over the people of 
 America. There never will be a case in which it will act as a Federal 
 Government on the States and not on the individual citizens. And is it 
 not a clear principle that, in a free government, those who are to be the 
 objects of a government ought to influence the operations of it? . 
 The General Government can never wish to intrude on the State Govern- 
 ments There could be no temptation. None had been pointed out. In 
 order to prevent the interference of measures which seemed most likely to 
 happen, he would have no objection to throwing all the State debts into 
 the Federal debt, making one aggregate debt of about seventy million 
 dollars, and leaving it to be discharged by the General Government. . . 
 He was sure that no government would last that was not founded on just 
 principles. He preferred the doing of nothing, to an allowance of an 
 equal vote to all the States. It would be better, he thought, to submit 
 to a little more confusion and convulsion, than to submit to such an evil." 
 
 "Mr. Strong. — The Convention had been much divided in opinion. 
 In order to avoid the consequences of it, an accommodation had been 
 
 Eroposed. A committee had been appointed. . . It is agreed, on all 
 ands, that Congress are nearly at an end. If no accommodation takes 
 place, the Union itself must soon be dissolved. . . He thought the 
 small States had made a considerable concession, in the article of money 
 bills, and that they might naturally expect some concessions on the other 
 side. From this view of the matter, he was compelled to give his vote for 
 the Report taken together." 
 
 " Mr. Madison expressed his apprehensions, that, if the proper founda- 
 tion of government was destroyed, by substituting an equality in place of 
 a proportional representation, no proper structure would be raised. . . 
 He reminded them [the small States] of the consequences of laying the 
 existing Confederation on improper principles. All the principal parties 
 to its compilation joined immediately in mutilating and fettering the 
 Government in such a manner, that it has disappointed every hope placed 
 on it. He appealed to the doctrine and arguments used by themselves on 
 a former occasion. . . . He called for a single instance, in which the 
 General Government was not to operate on the people individually. The 
 practicability of making laws, with coercive sanctions, for the States as 
 political bodies, had been exploded on all hands. . . No one would say 
 that, in Congress or out of Congress, Delaware had equal weight with 
 

 ANCESTORS WERE GUIDED, IN 1787, '88, '89. 39 
 
 Pennsylvania. . . It seemed now to be pretty well understood, that 
 the real difference of interests lay, not between the large and small, but 
 between the Northern and Southern States. The institution of slavery, 
 and its consequences, formed the line of discrimination." 
 
 " Mr. Wilson. — . . A vice in the representation, like an error in 
 the first concoction, must be followed by disease, convulsions, and finally, 
 death itself. The justice of the general principle of proportional repre- 
 sentation has not, in argument at least, been yet contradicted. . . . 
 The great fault of the existing Confederacy is its inactivity. . . To 
 remedy this defect, we were sent here. Shall we effect the cure by estab- 
 lishing an equality of votes, as is proposed ? No ; this very equality carries 
 us directly to Congress, — to the system which it is our duty to rectify." 
 
 July 16th. — " On the question for agreeing to the whole 
 Report, as amended, and including the equality of votes in 
 the second branch," Aye, five ; No, four. 
 
 " Mr, Randolph. — The vote of this morning (involving an equality of 
 suffrage in the second branch) had embarrassed the business extremely. 
 All the powers given in the Report from the Committee of the Whole were 
 founded on the supposition that a proportional representation was to prevail 
 in both branches of the Legislature. . . . He could not but think 
 we were unprepared to discuss this subject further. . . He wished the 
 Convention to adjourn, that the large States might consider the steps 
 proper to be taken, in the present solemn crisis of the business ; and that 
 the small States might also deliberate on the means of conciliation." 
 
 " Mr. Patterson. — No conciliation could be admissible, on the part 
 of the smaller States, on any other ground than that of an equality of 
 votes in the second branch. If Mr. Randolph would reduce to form his 
 motion for an adjournment sine die, he would second it with all his heart." 
 
 " Mr Randolph had never entertained an idea of an adjournment sine 
 die ; and was sorry that his meaning had been so readily and strangely 
 misinterpreted. He had in view merely an adjournment till tomorrow, 
 in order that some conciliatory experiment might, if possible, be devised." 
 
 " Mr. Patterson seconded the adjournment till tomorrow ; as an oppor- 
 tunity seemed to be wished by the larger States to deliberate further on 
 conciliatory expedients." 
 
 "Mr. Broom thought it his duty to declare his opinion against an 
 adjournment sine die, as had been urged by Mr. Patterson. Such a 
 measure, he thought, would be fatal. Something must be done by the 
 Convention, though it should be by a bare majority." 
 
 " Mr. Rutledge could see no need of an adjournment, because he could 
 see no chance of a compromise. The little States were fixed. They had 
 repeatedly and solemnly declared themselves to be so. All the large 
 States, then, had to do, was to decide whether they would yield or not. 
 For his part, he conceived, that, although we could not do what we thought 
 best in itself, we ought to do something." 
 
 " Mr. Randolph and Mr. King renewed the motion to adjourn till to- 
 morrow." 
 
 On the question, Aye, seven ; No, two. 
 
 The Convention accordingly adjourned. 
 
 From Mr. Madison's description, as follows, the result of 
 the adjournment appears to have greatly disappointed the 
 mover and several others: — 
 
40 
 
 " On the morning following, before the hour of the Convention, a 
 number of the members . . met for the purpose of consulting on the 
 proper steps to be taken. . . The time was wasted in vague conversa- 
 tion on the subject . . It appeared, indeed, that the opinions of the 
 members, who disliked the equality of votes, differed much as to the 
 importance of that point, and as to the policy of risking a failure of any 
 general act of the Convention by inflexibly opposing it. Several of them, 
 supposing that no good government could or would be built on that foun- 
 dation, .... would have concurred in a firm opposition to the smaller 
 States, and on a separate recommendation, if eventually necessary. Others 
 seemed inclined to yield to the smaller States, and to concur in such an 
 act, however imperfect and exceptionable, as might be agreed on by the 
 Convention as a body, though decided by a bare majority of States and by 
 a minority of the people of the United States." * 
 
 July 11th. — "Mr. Gouverneur Morris moved to recon- 
 sider the whole Resolution agreed to yesterday concerningthe 
 constitution of the two branches of the Legislature." 
 
 Mr. Madison states that "This motion was not seconded ; 
 but was probably approved by several members, who eithei 
 despaired of success, or were apprehensive that the attempt 
 would inflame the jealousies of the smaller States." 
 
 The clause, — "To negative all laws passed by the several 
 States contravening, in the opinion of the National Legisla- 
 ture, the Articles of Union, or any treaties subsisting under 
 the authority of the Union," — was ta^en up. 
 
 "Mr. Madison considered the negative on the laws of the States as 
 essential to the efficacy and security of the General Government. The 
 necessity of a General Government proceeds from the propensity of the 
 States to pursue their particular interests, in opposition to> the general 
 interest. This propensity will continue to disturb the system unless effec- 
 tually controlled. Nothing short of a negative on their laws will control 
 it. . Confidence cannot be put in the State tribunals as guardians of 
 
 the National authority and interests." 
 
 " Mr. Pinckney urged the necessity of the negative." f 
 
 "On the question for agreeing to the power, Aye, three; 
 No, seven." 
 
 The clause — "That a National Executive be instituted, 
 to consist of a single person," — was agreed to, nem. con. 
 
 The next clause, — " To be chosen by the National Legis- 
 lature," — being considered, — 
 
 "Mr. Gouverneur Morris was pointedly against his being so chosen. 
 He will be the mere creature of the Legislature. . ► . He ought to 
 be elected by the people at large. . . He *moved to strike out fc National 
 Legislature,' and insert 'citizens of the United States.' " 
 
 " Mr. Sherman thought that the sense of the Nation would be better 
 expressed by the Legislature, than by the people at large." 
 
 " Colonel Mason. — . . . He conceived it would be as unnatural to 
 refer the choice of a proper character for Chief Magistrate to the people, 
 as it would, to refer a trial of colors to a blind man." 
 
 * This crisis, on the 16th of July, is worthy of particular notice,, as having 
 probably appeared then even more solemn and appalling than that,, on the 2n<i; 
 as S(en, p. 3'2. 
 
 t See Mr. Pinckney's motion, seconded by Mr. Madison, June 9th; p. 16. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 41 
 
 On the question for an election by the people, instead of 
 the Legislature, Aye, one ; No, nine. 
 
 On the question, u to be chosen by the National Legisla- 
 ture," Aye, unanimously. 
 
 On the question, " For the term of seven years, to be in- 
 eligible a second time," — 
 
 u Mr. Houston moved to strike out, ' to be ineligible a 
 second time.' " 
 
 On the question for striking out, as moved by Mr. Hous- 
 ton, Aye, six ; No, four. 
 
 The clause, " for the term of seven years," being resumed, — 
 
 " Doctor James McClurg [of Virginia], moved to strike out ' seven 
 years,' and insert ' during good behavior.' By striking out the words, 
 declaring him ineligble [a second time], he was put into a situation that 
 would keep him dependent forever on the Legislature ; and he conceived 
 the independence of the Executive to be equally essential with that of the 
 Judiciary department." 
 
 11 Mr. Gouverneur Morris seconded the motion. He expressed great 
 pleasure in hearing it. This was the way to get a good Government." 
 
 " Mr. Broom highly approved the motion. It obviated all his difficulties. " 
 
 "Mr. Madison. — If it be essential to the preservation of liberty, that 
 the Legislative, Executive, and Judiciary powers be separate, it is essen- 
 tial to a maintenance of the separation, that they should be indepen- 
 dent of each other. Th^plxecutive could not be independent of the 
 Legislature, if dependent on the pleasure of that branch for a reappoint- 
 ment. . . There was an analogy between the Executive and Judiciary 
 departments in several respects. . . It might be more dangerous to 
 3uffer a union between the Executive and Legislative powers, than between 
 the Judiciary and Legislative powers. He conceived it to be absolutely 
 necessary to a well constituted Republic, that the two first should be kept 
 distinct and independent of each other." 
 
 " Colonel Mason. — He considered an Executive during good behavior 
 as a softer name only, for an Executive for life ; and that the next would 
 be an easy step to hereditary monarchy. If the motion should finally 
 succeed, he might himself live to see such a revolution. . . No State, 
 he was sure, had so far revolted from Republican principles, as to have the 
 least bias in its favor." 
 
 " Mr. Madison was not apprehensive of being thought to favor any 
 step towards monarchy. The real object with him, was to prevent its 
 introduction." 
 
 " Mr. Gouverneur Morris was as little a friend to monarchy as any 
 gentleman. He concurred in the opinion, that the way to keep out 
 monarchical government, was to establish such a Republican government 
 as would make the people happy, and prevent a desire of change." 
 
 " Doctor McClurg was not so much afraid of the shadow of monarchy, 
 as to be unwilling to approach it ; nor so wedded to Republican govern- 
 ment, as not to be sensible of the tyrannies that had been, and may be, 
 exercised under that form." * 
 
 July 18th. — The Resolution, — " That the National Legis- 
 lature be empowered to appoint inferior tribunals," — being 
 taken up, — 
 
 From the writings of General Washington, Mr. Madison, and Mr. Jefferson, 
 Doctor McClurg appears to have been considered as possessing talents and 
 attainments of the highest order. 
 
42 
 
 ''Mr. Butler could sec no necessity for such tribunals. The State 
 tribunals might do the business." 
 
 " Mr. L. Martin concurred. They will create jealousies and oppositions 
 in the State tribunals, with the jurisdiction of which they will interfere." 
 
 "Mr. Gorham. — There are in the States already Federal Courts, with 
 jurisdiction for trial of piracies, etc. No complaints have been made by 
 the States, or the Courts of the States Inferior tribunals are essential to 
 render the authority of the National Legislature effectual." 
 
 " Mr. Randolph observed, that the Courts of the States cannot be trusted 
 with the administration of the National laws." 
 
 " Mr. Gouverneur 'Morris urged also the necessity of such a provision." 
 
 "Mr. Sherman was willing to give the power to the Legislature, but 
 wished them to make use of the State tribunals, whenever it could be 
 done with safety to the general interest." 
 
 On the question " for empowering the National Legislature 
 to appoint inferior tribunals," agreed to, nem. con. 
 
 " Mr. Madison moved ' that the constitutional authority of the States ' 
 shall be guaranteed to them, respectively, against domestic as well as 
 foreign violence." 
 
 " Doctor McClurg seconded the motion." 
 
 " Mr. Houston was afraid of perpetuating the existing Constitutions of 
 the States. That of Georgia is a very bad one, amd [he] hoped [it] would be 
 revised and amended. It may also be difficult for the General Government 
 to decide between contending parties, each of which claim the sanction of 
 the Constitution." 
 
 "Mr. L. Martin was for leaving the States to suppress rebellions them- 
 selves." 
 
 " Mr. Gorham thought it strange, that a rebellion should be known to 
 exist in the Empire, and the General Government should be restrained 
 from interposing to subdue it. . . . With regard to different parties 
 in a State, as long as they confine their disputes to words, they will be 
 harmless to the General Government, and to each other. If they appeal 
 to the sword, it will then be necessary for the General Government, how- 
 ever difficult it may be to decide on the merits of their contest, to interpose, 
 and put an end to it." 
 
 " Mr. Carroll. — Some such provision is essential. Every State ought 
 to wish for it." 
 
 " Mr. Wilson moved, as a better expression of the idea, that a repub- 
 lican form of Government shall be guaranteed to each State ; and that 
 each State shall be protected against foreign and domestic violence." 
 
 On the question, — " for agreeing to Mr. Wilson's motion," 
 — it passed, nem. con. 
 
 July 19th. — "Mr. L. Martin moved [in regard to the tenure of the 
 Executive office] to reinstate the words, — 'to be ineligible a second 
 time.'" 
 
 "Mr. Gouverneur Morris. — It is necessary to take into one view all 
 that relates to the establishment of the Executive. . . Our country is 
 an extensive one. We must either, then, renounce the blessings of the 
 Union, or provide an Executive with sufficient vigor to pervade every part 
 of it. . ... The Executive, therefore, ought to be so constitute J as to be 
 
ANCESTORS WERE GUIDED IN 1787, '88, '89. 43 
 
 the great protector of the mass of the people. It is the duty of the Execu- 
 tive to appoint the officers, and to command the forces, of the Republic ; 
 to appoint, first, ministerial officers for the administration of public affairs ; 
 secondly, officers for the dispensation of justice. Who will be the best judges 
 whether these appointments be well made? The people at large; who 
 will know, will 6ee, will feel, the effects of them. Again, who can judge 
 so well of the discharge of military duties, for the protection and security 
 of the people, as the people themselves, who are to be protected and 
 secured ? . . . If he is to be the guardian of the people, let him be 
 appointed by the people. . . It has been said, that the candidates for 
 this office will not be known to the people. If they be known to the Legis- 
 lature, they must have such a notoriety and eminence of character, that 
 they cannot possibly be unknown to the people at large. . . It deserved 
 consideration, also, that such an ingredient in the plan would render it 
 extremely palatable to the people. These were the general ideas which 
 occurred to him on the subject, and led him to wish and move, that the 
 whole constitution of the Executive might undergo reconsideration." 
 
 " Mr. Wilson. — . . He perceived, with pleasure, that the idea was 
 gaining ground of an election, mediately or immediately, by the people " 
 [rather than by the Legislature]. 
 
 " Mr. Madison. — . . There is the same, perhaps greater, reason 
 why the Executive should be independent of the Legislature, than why the 
 Judiciary should. A coalition of the two former powers would be_ more 
 immediately and certainly dangerous to public liberty. It is essential, 
 then, that the appointment of the Executive should either be drawn from 
 some source, or held by some tenure, that will give him a free agency with 
 regard to the Legislature, ^his could not be, if he was to be appointable, 
 from time to time, by the Legislature. . . . . He was disposed, for 
 these reasons, to refer the appointment to some other source. The people 
 at large was, in his opinion, the fittest in itself. . . . There was one 
 difficulty, however, of a serious nature, attending an immediate choice by 
 the people. The right of suffrage was much more diffusive in the Northern 
 than in the Southern States ; and the latter could have no influence in the 
 election on the score of the negroes. The substitution of Electors obviated 
 this difficulty, and seemed, on the whole, liable to the fewest objections." 
 
 " Mr. Gerry. — . . He was against a popular election. The people 
 are uninformed, and would be misled by a few designing men. . . The 
 popular mode of electing the Chief Magistrate would certainly be the 
 worst of all." 
 
 On the question, on Mr. Gouverneur Morris's motion, — 
 " To reconsider generally the constitution of the Executive," 
 — Aye, unanimously. 
 
 July 23c/. — " Mr. John Langdon and Mr. Nicholas Gil- 
 man, from New Hampshire, took their seats." 
 
 The Resolution, — "Referring the new Constitution to 
 Assemblies, to be chosen by the people, for the express 
 purpose of ratifying it," — was taken into consideration. 
 
 " Mr. Ellsworth moved, that it be referred to the Legis- 
 latures of the States for ratification." 
 
 " Mr. Patterson seconded the motion." 
 
 " Colonel Mason considered a reference of the plan to the authority of 
 the people as one of the most important and essential of the Resolutions. 
 The Legislatures have no power to ratify it. They are the mere creatures 
 of the State Constitutions, and cannot be greater than their creators." 
 
44 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " Mr. Ram>olph. — One idea has pervaded all our proceedings ; to wit, 
 that opposition, as well from the States as from individuals, will be made 
 to the system proposed. . . Whose opposition will be most likely to be 
 excited against the system ? That of the local demagogues, who will 
 be degraded by it from the importance they now hold. These will spare 
 no efforts to impede that progress in the popular mind which will be 
 necessary to the adoption of the plan, and which every member will find 
 to have taken place in his own, if he will compare his present opinions- 
 with those he brought with him into the Convention. It is of great 
 importance, therefore, that the consideration of this subject should be 
 transferred from the Legislatures, where this class of men have their full 
 influence, to a field in which their efforts can be less mischievous." 
 
 " Mr. Gerry. — . . Great confusion, he was confident, would result 
 from a recurrence to the people. They would never agree on anything. 
 He could not see any ground to suppose that the people will do what their 
 rulers will not. The rulers will either conform to, or influence the sense 
 of, the people. " 
 
 " Mr. Gorham was against referring the plan to the Legislatures. Men 
 chosen by the people for the particular purpose will discuss the subject 
 more candidly than members of the Legislature, who are to lose the power 
 which is to be given up to the General Government. . . In the States, 
 many of the ablest men are excluded from the Legislatures, but may be 
 elected into a Convention. Among these may be ranked many of the 
 clergy, who are generally friends to good government. Their services 
 were found to be valuable in the formation and establishment of the 
 Constitution of Massachusetts. . . If the last Article of the Confed- 
 eration is to be pursued, the unanimous concurrence of the States will be 
 necessary. It would, therefore, deserve serious consideration, whether 
 provision ought not to be made for giving effect to the system without 
 waiting for the unanimous concurrence of the States." 
 
 " Mr. Gouverneur Morris. — If the Confederation is to be pursued, no 
 alteration can be made without the unanimous consent of the Legislatures. 
 . . . Whereas, in case of an appeal to the people of the United States, 
 the supreme authority, the Federal compact may be altered by a majority 
 of them, in like manner as the Constitution of a particular State may be 
 altered by a majority of the people of the State. The amendment 
 moved by Mr. Ellsworth erroneously supposes that we are proceeding on 
 the basis of the Confederation. This Convention is unknown to the 
 Confederation." 
 
 " Mr. King. — He preferred a reference to the authority of the people, 
 expressly delegated to Conventions, as the most certain means of obviating 
 all disputes and doubts concerning the legitimacy of the new Constitution, 
 as well as the most likely means of drawing forth the best men in the 
 States to decide on it. . . . He considered it as of some consequence, 
 also, to get rid of the scruples which some members of the State Legis- 
 latures might derive from their oaths to support and maintain the existing 
 Constitutions." 
 
 " Mr. Madison thought it clear that the Legislatures were incompetent 
 to the proposed changes. These changes would make essential inroads on 
 the State Constitutions. . . He considered the difference between a 
 system founded on the [State] Legislatures only, and one founded on the 
 people, to be the true difference between a league or treaty, and a Constitu- 
 tion. The former, in point of moral obligation, might be as inviolable as- 
 the latter. In point of political operation, there were two important dis- 
 tinctions in favor of the latter. . Comparing the two modes, in point, 
 of expediency, he thought all the considerations which recommended this- 
 Convention, in preference to Congress, for proposing the reform, were in. 
 favor of State Conventions, in preference to the Legislatures for examin- 
 ing and adopting it." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 45 
 
 On the question, for Mr. Ellsworth's motion [seconded 
 by Mr. Patterson], " to refer the plan to the Legislatures of 
 the States," Aye, three ; No, seven. 
 
 " Mr. Gouverneur Morris moved [as according with his 
 ideas concerning the extent of the interests involved], that 
 the reference of the plan be made to one general Conven- 
 tion, chosen and authorized by the people to consider, amend, 
 and establish the same." 
 
 On the question for agreeing to the Resolution, — . . . 
 "To refer the Constitution ... to Assemblies chosen by the 
 people," — Aye, nine; No, one. 
 
 " Mr. Gerry moved, that the proceedings of the Convention for the 
 establishment of a National Government (except the parts relating to the 
 Executive) be referred to a Committee to prepare and report a Constitu- 
 tion conformable thereto." 
 
 " General Pinckney reminded the Convention, that, if the Committee 
 should fail to insert some security to the Southern States against the 
 emancipation of slaves, and taxes on exports, he should be bound by duty 
 to his State to vote against their Report.'' 
 
 " The appointment of a Committee, as moved by Mr. Gerry, was agreed 
 to," nem. con. 
 
 July 2Wi. — "On a ballot, . . . the members chosen 
 were : — Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. 
 Ellsworth, Mr. Wilson." 
 
 July 25th. — The clause "relating to the Executive" being 
 again under consideration, — 
 
 " Mr. Williamson. — The principal objection against an election by the 
 people seemed to be, the disadvantage under which it would place the 
 smaller States. He suggested, as a cure for this difficulty, that each man 
 should vote for three candidates ; one of them, he observed, would be 
 probably of his own State, the other two of some other States ; and as 
 probably of a small as a large one." 
 
 " Mr. Gouverneur Morris liked the idea ; Mr. Madison also thought 
 something valuable might be made of the suggestion." 
 
 "Mr. Gerry. — A popular election in this case is radically vicious. 
 The ignorance of the people would put it in the power of some one set of 
 men dispersed through the Union, and acting in concert, to delude them 
 into any appointment. He observed that such a society of men existed in 
 the Order of the Cincinnati. . . They will, in fact, elect the Chief 
 Magistrate in every instance, if the election be referred to the people. 
 His respect for the characters composing this Society could not blind 
 him to the danger and impropriety of throwing such a power into their 
 hands." 
 
 " Mr. John Dickinson. — He had long leaned towards an election by the 
 people, which he regarded as the best and purest source. Objections, he 
 was aware, lay against this mode, but not so great, he thought, as against 
 the other modes. The greatest difficulty, in the opinion of the House, 
 seemed to arise from the partiality of the States to their respective 
 citizens." 
 
 Ju-ij 2bth. — "Colonel Mason. — In every stage of the question relative 
 to tbo Executive, the difficulty of the subject, and the diversity of opinions 
 
46 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 concerning it, have appeared. ... A popular election, in any form, 
 as Mr. Gerry has observed, would throw the appointment into the hands 
 of the Cincinnati ; a society, for the members of which he had a great 
 respect, but which he never wished to have a preponderating influence in 
 
 the Government 
 
 He concluded with moving that the constitution of the Executive, as 
 reported by the Committee of the Whole, be reinstated ; namely, ' that the 
 Executive be appointed for seven years, and be ineligble a second time.' M 
 
 " Mr. Davie seconded the motion." 
 
 On the question, Aye, seven ; No, three. 
 
 " Mr. Gouverneur Morris was now against the whole paragraph." 
 
 On the question for the whole Resolution, as amended, — 
 " That a National Executive be instituted, to consist of a 
 single person, to be chosen by the National Legislature, for 
 the term of seven years, to be ineligble a second time/' — 
 u New Hampshire, Connecticut, New Jersey, North Carolina, 
 South Carolina, Georgia, Aye, six ; Pennsylvania, Delaware, 
 Maryland, No, three ; Massachusetts, not on the floor ; Vir- 
 ginia, divided, — Mr. Blair and Colonel Mason, Aye ; Gen- 
 eral Washington and Mr. Madison, No. Mr. Randolph 
 happened to be out of the house." 
 
 " Colonel Mason moved, that the Committee of Detail be instructed to 
 receive a clause requiring certain qualifications of landed property, and 
 citizenship of the United States, in members of the National Legislature, 
 and disqualifying persons having unsettled accounts with, or being indebted 
 to, the United States, from being members of the National Legislature." 
 
 " Mr. Gouverneur Morris. — If qualifications are proper, he would pre- 
 fer them in the electors, rather than the elected. As to debtors of the 
 United States, they are few. As to persons having unsettled accounts, 
 he believed them to be pretty many. He thought, however, such a 
 discrimination to be both odious and useless, and, in many instances, 
 unjust and cruel. The delay of settlement had been more the fault 
 of the public, than of the individuals. What will be done with those 
 patriotic citizens who have lent money, or services, or property, to their 
 country, without having been yet able to obtain a liquidation of their 
 claims ? Are they to be excluded ? " 
 
 " Mr. Gorham was for leaving to the Legislature the providing against 
 such abuses as had been mentioned." 
 
 " Mr. Madison. — . . It might be well to limit the exclusion to 
 persons who had received money from the public, and had not accounted 
 for it." 
 
 "Mr. Gerry thought the inconvenience of excluding a few worthy 
 individuals, . . ought not to be put in the scale against the public 
 advantages of the regulation, and that the motion did not go far enough." 
 
 "Mr. Dickinson. — It seemed improper that any man of merit should 
 be subjected to disabilities in a republic, where merit was understood to 
 form the great title to public trust, honors, and rewards." 
 
 " Mr. Gerry. — If property be one object of government, provisions to 
 secure it cannot be improper." 
 
 " Mr. Wilson. — We should consider that we are providing a Constitu- 
 tion for future generations, and not merely for the peculiar circumstances 
 of the moment. The time has been, and will again be, when the public 
 
 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 47 
 
 safety may depend on the voluntary aids of individuals, which will neces- 
 sarily open accounts with the public ; and when such accounts will be 
 a characteristic of patriotism. Besides, a partial enumeration of cases 
 will disable the Legislature from disqualifying odious and dangerous 
 characters." 
 
 " Mr. Langdon was for striking out the whole clause, for the reasons 
 given by Mr. Wilson. So many exclusions, he thought, too, would render 
 the system unacceptable to the people." 
 
 " Mr. Gerry. — If the arguments used today were to prevail, we might 
 have a Legislature composed of public debtors, pensioners, placemen, and 
 contractors. He thought the proposed disqualifications would be pleasing 
 to the people. . . He moved to add * pensioners ' to the disqualified 
 characters." 
 
 On the question, Aye, three ; No, seven. 
 
 " Mr. Gouverneur Morris. — He repeated, that it had not been so much 
 the fault of individuals, as of the public, that transactions between them 
 had not been more generally liquidated and adjusted. At all events, 
 to draw from our short and scanty experience, rules that are to operate 
 through succeeding -ages, does not savor much of real wisdom." 
 
 On the question for striking out, as moved by Mr. Lang- 
 don, Aye, nine ; No, two. 
 
 On the question for agreeing to the clause " disqualifying 
 public debtors/' Aye, two ; No, nine. 
 
 It has been shown (p. 45), that, on the 23d, the Convention 
 voted unanimously to appoint a Committee, " to prepare and 
 report a Constitution, conformable to " the Resolutions 
 which they had adopted ; that, on the 24th, they appointed 
 that Committee, consisting of five members; and that they 
 then voted to discharge the Committee of the Whole from 
 the propositions submitted by Mr. C. Pinckney, on the 29th 
 of May, and refer them, and also those offered by Mr. Pat- 
 terson, on the 15th of June, " to the Committee of Detail 
 just appointed." On the 26th, they voted to refer likewise 
 their proceedings since the 23rd to the same Committee. 
 
 The Convention adjourned, soon after, " till August 6th, that 
 the Committee might have time to prepare and report the 
 Constitution." 
 
 Such is a summary view of the manner in which the 
 Convention were occupied six weeks in considering and 
 acting upon the Resolutions of Mr. Randolph, as those 
 Resolutions had, in two weeks, been amended and agreed 
 to in Committee of the Whole, and reported to the House 
 on the 13th of June (as seen, p. 18). 
 
 Considering the striking contrast of views and opinions 
 which were so repeatedly and threateningly exhibited ; con 
 sidering also that the question of slavery was yet to be taken 
 up, for the first time, as a special matter to be disposed of; 
 and considering, moreover, that a review of the subjects 
 already under debate, together with the consideration of 
 oUiers afterward introduced, protracted the debates through 
 
48 FACTS TO GUIDE AMERICANS, IN 1866, '67, '68, ETC. 
 
 an additional period of more than seven weeks, — it seems 
 wonderful, that they were enabled to reach any practical 
 issue whatever ; and still more wonderful, that they finally 
 reached an issue, so productive of unparalleled blessings, not 
 only to themselves and their generation, but to successive 
 generations after them. 
 
 At this stage of the work, it is deemed appropriate to 
 append to what has been presented in the preceding pages, 
 the following testimony of Mr. Madison : — 
 
 il "Whatever may be the judgment pronounced on the architects of the 
 Constitution, or whatever may be the destiny of the edifice prepared by 
 them, I feel it a duty to express my profound and solemn conviction, 
 derived from my intimate opportunity of observing and appreciating the 
 views of the Convention, collectively and individually, that there never 
 was an assembly of men, charged with a great and arduous trust, who 
 were more pure in their motives, or more exclusively, or more anxiously 
 devoted to the object committed to them, than were the members of the 
 Federal Convention of 1787, to the object of devising and proposing a 
 constitutional system, which should best supply the defects of that which 
 it was to replace , and best secure the permanent liberty and happiness 
 of their country." 
 
 
ANCESTORS WERE GUIDED, IN 1787, '88, *89. 49 
 
 August Qt7i. — Mr. John Francis Mercer took his seat in 
 that body, as stated in the note to the preceding p. 3. 
 
 According to appointment when the Convention adjourned, 
 the Committee of Detail, by their chairman, Mr. Rdtledge, 
 delivered in their Report ; a copy of which was furnished to 
 each member. 
 
 " A motion was made to adjourn, in order to give leisure 
 to examine the Report." 
 
 " The House then adjourned till tomorrow at eleven 
 o'clock." 
 
 In compliance with their instructions, their Report was 
 the draft of a Constitution, and from that time during the 
 session of the Convention, their debates related to the 
 provisions it contained, or to such others as were proposed. 
 Those instructions, and the several documents referred to them 
 for their guidance in forming it, were designated in p. 47, 
 
 Of the proceedings in the Convention from this date to the 
 14th, the portions deemed specially adapted to the original 
 and present design of this work, were given in the preced- 
 ing pp. 1 — 4 ; to which the reader is referred. 
 
 August litJi. — Section 1st of Article VI., in the Report, 
 viz.: — "The members of each House shall receive a com- 
 pensation for their services, to be ascertained and paid by 
 the State in which they shall be chosen," being taken up, — 
 
 11 Mr. Ellsworth said that, in reflecting on the subject, he had been sat- 
 isfied that too much dependence would be produced by that mode of pay- 
 ment. He moved to strike out and insert, that they should be paid out 
 
 of the Treasury of the United States, an allowance not exceeding 
 
 dollars per day." * 
 
 " Mr. Gouverneur Morris moved that the payment be out of the Na- 
 tional Treasury ; leaving the quantum to the National Legislature. 
 There could be no reason to fear that they would overpay themselves." 
 
 11 Mr. Butler contended for payment by the States; particularly in the 
 case of the Senate." 
 
 " Mr. Langdon was against payment by the States." 
 
 " Mr. Madtson. — If the House of Representatives is to be chosen bi- 
 ennially, and the Senate to be constantly dependent on the Legislatures [of 
 the States], which are chosen annually, he could not see any chance for 
 that stability in the General Government, the want of which was a prin- 
 cipal evil in the State Governments. His fear was, that the organization 
 of the Government, supposing the Senate to be really independent for six 
 years, would not effect our purpose." 
 
 " Mr. Broom could see no danger in trusting the General Legislature 
 with the payment of themselves. The State Legislatures had this 
 power, and no complaint had been made of it." 
 
 " Mr. Sherman . . thought the best plan would be, to fix a moder- 
 ate allowance to be paid out ot the National Treasury, and let the States 
 make such additions as they might judge lit." 
 
 * See Mr. Ellsworth's former expressions on the subject, pp. 24, 27, 
 
50 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " Mr. Carroll had been much surprised at seeing this clause in the 
 Report. The dependence of both Houses on the State Legislatures is com- 
 plete. . . . The new Government in this farm was nothing more than 
 a second edition of Congress, in two volumes instead of one, and, perhaps, 
 witu very few amendments." 
 
 " Mr. Dickinson took it for granted that all were convinced of the ne- 
 cessity of making the General Government independent of the pr judices, 
 passions, and improper views, of the State Legislatures. The contrary of 
 
 this was off cted by the section as it stands If the General 
 
 Gov rnment should be left dependent on the State Legislatures, it would 
 be happy for us if we had never met in this room." 
 
 " Mr. Ellsworth was not unwilling himself to trust the Legislature 
 with authority to regulate their own wages ; but well knew that an un- 
 limited discretion for that purpose would produce strong, though perhaps 
 not insuperable, objections [to the contemplated Government]." 
 
 " Mr. L. Martin. — As the Senate is to represent the States, the mem- 
 bers of it ought to be paid by the States." 
 
 " Mr. Carroll. — The Senate was to represent and manage the affairs of 
 the whole, anl not to be the advocates of Stace interests. Tney ought, 
 then, not to be dependent on, nor paid by, the States." 
 
 " Oq the question for paying the members of the Legisla- 
 ture out of the National Treasury, — Aye, nine; No, two." 
 
 " It was moved and agreed to amend the section by adding, 
 i to be ascertained by law.' " 
 
 " The section, as amended, was then agreed to, nem. con." 
 
 August 11th. — The clause, "to subdue a rebellion in any 
 State on the application of its Legislature," was considered. 
 
 " Mr. Pinckney moved to strike out, ' on the application of its Legis- 
 lature.' " 
 
 "Mr. Gouverneur Morris seconds." 
 
 *' Mr. L. Martin opposed it, as giving a dangerous and unnecessary 
 power. The consent of the State ougnt to precede the introduction of any 
 extraneous force whatever." 
 
 "Mr. Ellsworth proposed to add after Legislature, 'or 
 Executive.'" 
 
 " Mr. Gouverneur Morris. — The General Government should enforce 
 obedience in all cases where it may be necessary." 
 
 " Mr. Ellsworth, — . . . He was willing to vary his motion so as to 
 read, 'or without it,' when the Legislature cannot meet." 
 
 " Mr. Gerry was against letting loose the myrmidons of the United 
 States without its consent. The States will be the best judges in such 
 cases." 
 
 " Mr. Langdon was for striking out, as moved by Mr. Pinckney. The 
 apprehension of the National force will have a salutary effect, in prevent- 
 ing insurrections." 
 
 " Mr. Randolph. — If the National Legislature is to judge whether the 
 State Legislatures can or cannot meet, that amendment would make the 
 clause as objectionable as the motion of Mr. Pinckney." 
 
 " Mr. Gouverneur Morris. — We are acting a very strange part. We 
 first form a strong man to protect us, and at the same time wish to tie his 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 51 
 
 hands behind him. The Legislature may surely be trusted with such a 
 power to preserve the public tranquillity." 
 
 u On the motion to add l or without it [application] when the 
 Legislature cannot meet/ — Aye, five ; No, three." 
 
 August ISth. — " Mr. Rutledge moved to refer [to the Com- 
 mittee of Detail] a clause, ' that funds appropriated to pub- 
 lic creditors should not be diverted to other purposes.' " 
 
 *' Mr. Mason was much attached to the principle, but was afraid such 
 a feU r might be dangerous in time of war. He suggested the necessity 
 of preventing the danger of perpetual revenue." 
 
 " Mr. Rutledge's motion was referred. He then moved 
 that a Grand Committee be appointed to consider the neces- 
 sit.3^ and expediency of the United States assuming all the 
 State debts. . . . The assumption would be just ; as the 
 State debts were contracted in the common defence. . . . 
 It would be politic ; as, by disburdening the people of the 
 State debts, it would conciliate them to the plan." 
 
 *' Mr. King and Mr. Pinckney seconded the motion." 
 
 " Mr. King. — . . Besides the considerations of justice and policy 
 which have been mentioned, it might be remarked that the State creditors, 
 an active and formidable party, would otherwise be opposed to a plan 
 which transferred to the Union the best resources, . . . witnout 
 transferring the State debts at tie same time. . . . He would not say 
 that it was practicable to consolidate the debts, but he thought it would 
 be prudent to have the subject considered by a Committee." 
 
 " Mr. Rutledge's motion, * that a Committee be appointed 
 to consider of the assumption/ etc., was agreed to. — Aye, six ; 
 No j four." 
 
 " Mr. King suggested that all unlocated lands of particu- 
 lar States ought to be given up." 
 
 " Mr. Williamson concurred in the idea." 
 
 "A Grand Committee [according to Mr. Rutledge's mo- 
 tion] was then appointed, consisting of Mr. Langdon, Mr. 
 King, Mr. Sherman, Mr. Livingston, Mr. Clymer, Mr. Dick- 
 inson, Mu. McIIenry, Mr. Mason, Mr. Williamson, Mr. 
 C. C. Pinckney, and Mr. Baldwin." 
 
 " The House proceeded to the clause, 'to raise armies.' " 
 
 " Mr. Gorham moved to add ' and support/ after ' raise/ 
 Agreed to, nem. con." 
 
 "Then the clause, as amended, was agreed to, nem. con." 
 
 11 Mr. Gerry took notice that there was no check here against standing 
 armies in time of peace. . . . The people were jealous on this head, 
 and great opposition to the plan would spring from such an omission. . 
 He thought an army dangerous in time of peace, and could never consent 
 to a power to keep up an indefinite number. He proposed that there 
 
 should not be kept up in time, of peace more than thousand truops. 
 
 His idea was, that the blank should be filled with two or three thousand." 
 
52 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " A clause, ' to make rules for the government and regula- 
 tion of the land and naval forces/ was added from the exist- 
 ing Articles of Confederation." 
 
 " Mr. L. Martin, and Mr. Gerry, now regularly moved, ' provided "that 
 
 in time of peace, the army shall not consist of more than thousand 
 
 men.' " 
 
 "' General Pinckxey asked, whether no troops were ever to be raised 
 until an attack should be made onus?" 
 
 " Mr. Gerry. — If there be no restriction, a few States may establish a 
 military Government." 
 
 " Mr. Langdon saw no room for Mr. Gerry's distrust of the Repre- 
 sentatives of the people." 
 
 "Mr. Dayton. — Preparations for war are generally made in time of 
 peace ; and a standing force of some sort may, for aught we know, become 
 unavoidable. He should object to no restriction consistent with the^e 
 ideas." 
 
 " The motion of Mr. Martin and Mr. Gerry was disagreed 
 to, nem. con. 11 
 
 " Mr. Mason moved, as an additional power, ' to make laws 
 for the regulation and discipline of the militia of the several' 
 States, reserving to the States the appointment of the 
 officers/ " 
 
 " Mr. Pinckney mentioned a case during the [Revolutionary] war, in 
 which a dissimilarity in the militia of different States had produced the 
 most serious mischiefs. Uniformity was essential. The States will never 
 keep up a proper discipline of the militia." 
 
 11 Mr. Mason had suggested the idea of a select mi ! ith. He was led to 
 think that would be, in fact, as much as the General Government co sld 
 advantageously be charged with. He was afraid of creating insuperable 
 objections to the plan." 
 
 " General Pinckney renewed Mr. Mason's original motion.* For a 
 part to be under the General Government, and a part under the State Uov- 
 ernments, would be an incurable evil. He saw no room for such distrust 
 of the General Government." 
 
 " Mr. Langdon seconds General Pinckney's renewal. He saw no more 
 reason to be afraid of the General Government than of the State Govern- 
 ments, lie was more apprehensive of the confusion of the different 
 authorities on this subject, than of either." 
 
 "Mr. Madison thought the regulation of the militia naturally apper- 
 taining to the authority charged with the public defence. It did not 
 seem, in its nature, to be divisible between two distinct authorities. . . 
 Those who had a full view of the public situation, would, from a sense 
 of the danger, guard against it. The States would not be separately 
 impressed with the general situation, nor have the due confidence in ihe 
 concurrent exertions of each other." 
 
 " Mr. Pinckney thought the power such an one as could not be abused, 
 and that the States would see the necessity of surrendering it. He had, 
 however, but a scanty faith in militia. There must be also a real military 
 force. This alone can effectually an;-wer the purpose. The United States 
 
 i 
 * Mr. Mason's original motion was, to refer to the Committee, "a power to regulato 
 the militia." * 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 53 
 
 has been making an experiment without it, and we see the consequence 
 in their rapid approaches toward anarchy." • 
 
 " Mr. Gerry thought this the last point remaining to be surrendered. 
 If it be agreed to by the Convention, the plan will have as black a mark 
 as was set on Cain. He had no such confidence in the General Govern- 
 ment as some gentlemen possessed, and believed it would be found the 
 States have not." 
 
 " Mr. Read doubted the propriety of leaving the appointment of the 
 militia officers to the States." 
 
 " On the question for committing to the Grand Committee, 
 last appointed, the latter motion of Colonel Mason, and the 
 original one revived by General Pinckney. Aye, eight ; No, 
 two. Maryland, divided." 
 
 August 20th. — Mr. Pinckney submitted to the House, in order to be 
 referred to the Committee of Detail, a number of propositions, two of 
 which were the following : — 
 
 * The United States shall be forever considered as one body 
 corporate and politic in law, and entitled to all the rights, 
 privileges and immunities which to bodies corporate do or 
 ought to appertain." 
 
 " The jurisdiction of the Supreme Court shall be extended 
 to all controversies between the United States and an indi- 
 vidual State ; or, the United States and the citizens of an in- 
 dividual State." 
 
 " These propositions were referred to the Committee of De- 
 tail, without debate or consideration of them by the House." 
 
 " Colonel Mason moved to enable Congress < to enact 
 sumptuary laws.' No Government can be maintained, unless 
 the manners be made consonant to it. Such a discretion- 
 ary power may do good, and can do no harm." 
 
 On this motion, as to " sumptuary laws," Aye, three ; No, 
 eight. 
 
 u The clause, ' to make all laws necessary and proper for 
 carrying into execution the foregoing powers, and all other 
 powers vested by this Constitution in the Government of 
 the United States, or any department or officer thereof,' — 
 was agreed to, nem. con." 
 
 " The Section concerning treason, was then taken up." 
 
 " Doctor Johnson. — . . He contended that treason could not be 
 both against the United States, and individual States ; being an offence 
 against the sovereignty, which can be but one in the same community.' , 
 
 11 Mr. Ellsworth. — There can be no danger to the general authority, as 
 the laws of the United States are to be paramount." 
 
 " Doctor Johnson was still of opinion there could be no treason against 
 a particular State. It could not, even at present, as the Confederation 
 now stands, the sovereignty being in the Union ; much less can it be under 
 the proposed system." 
 
54 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " Colonel Mason. — . . The individual States will retain a part of 
 the sovereignty. An acfcmay be treason against a particular State, which 
 is not so against the United States. He cited the rebellion of Bacon, in 
 Virginia, as an illustration of the doctrine." 
 
 " Doctor Johnson. — That case would amount to treason against the 
 sovereign, the supreme sovereign, the United States." 
 
 " Mr Kixg. — No line can be drawn between levying war and adhering 
 to the enemy against the United States, and against an individual State. 
 Treason against the latter must be so against the former." 
 
 " Mr. Sherman. — Resistance against the laws of the United States, as 
 distinguished from resistance against the laws of a particular State, forms 
 the lino." 
 
 {* Mr. Ellsworth. — The United States are.sovereign on one side of the 
 line — the States on the other." 
 
 "Mr. Dickinson. — War or insurrection against a member of the 
 Union, must be so against the whole body." 
 
 After several amendments, the " section was agreed to, 
 nem. con" 
 
 August 2lst. — The clause, — "No tax or duty shall be laid 
 by the Legislature on articles exported from any State," — 
 was taken up. 
 
 " Mr. Langdon. — By this section the States are left at liberty to tax 
 exports. New Hampshire, therefore, with other non-exporting States, will 
 be subject to be taxed by the States exporting its produce." 
 
 "Mr. Ellsworth. — . . . The power of regulating trade between 
 the States will protect them against each other." 
 
 " Mr. Williamson. — .... He would never agree to this powei*. 
 Should it take place, it would destroy the last hope of the adoption of the 
 plan." 
 
 "Mr. Gouverneur Morrts. — These local considerations ought not to 
 impede the general interest. There is great weight in the argument, that 
 the exporting States will tax the produce of their uncommercial neigh- 
 bors. The power of regulating the trade between Pennsylvania and New 
 Jersey, will never prevent the former from taxing the latter. [But] if 
 no tax can be laid on exports, an embargo cannot be laid ; though, in 
 time of war, such a measure may be of critical importance. Tobacco, 
 iuinb r, and live-stock, are three objects belonging to different States, 
 of which great advantage might be made by a [general] power to t ix 
 exports. To these may be added ginseng, and masts for ships, by which a 
 tax might be thrown on other nations. . . The state of the country, also, 
 will change, and render duties on exports, as skins, beaver, and other 
 peculiar raw materials, politic in the view of encouraging American manu- 
 factures. ' ' 
 
 " Mr. Butler was strenuously opposed to a power over exports, as 
 unjust, and alarming to the Staple States [meaning the Southern States]." 
 
 "Mr. Dickinson. — The power of taxing exports may be inconvenient 
 at present ; but it must be of dangerous consequence to prohibit it, with 
 respect to all articles and forever." 
 
 "Mr. Sherman. — It is best to prohibit the National Legislature in all 
 cases. The States will never give up all power over trade." 
 
 "Mr. Madison. — As we ought to be governed by National and 
 permanent views, it is a sufficient argument for giving the power over 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 55 
 
 exports, that a tax, though it may not be expedient at present, may be so 
 hereafter. A proper regulation of exports may, and probably will, be 
 necessary hereafter, and for the same purposes as the regulation of imports ; 
 viz., for revenue, domestic manufactures, and procuring equitable regula- 
 tions from other nations." 
 
 " Mr. WrLsoN. — Pennsylvania exports the produce of Maryland, New 
 Jersey, Delaware, and will, by and by, wnen the River Delaware is opened, 
 export for New York, in favoring . the general power over exports, there- 
 fore, he opposed the particular interest of his State. . . To deny this 
 power, is to take from the common Government half the regulation of 
 trade. It was his opinionthat a power over exports might be more effectual, 
 than that over imports, in obtaining beneficial treaties of commerce." 
 
 M Mr. Gerry was strenuously opposed to the power over exports. It 
 might be made use of to compel the States to comply with the will of the 
 General Government, and to grant it any new power which might be 
 demanded. We have given it more power already than we know how will 
 be exercised. It will enable the General Government to oppress the States, 
 as much as Ireland is oppressed by Great Britain." 
 
 " Mr. Fitzsimons would be against a tax on exports to be laid immedi- 
 ately ; but was for giving a power of laying a tax when a proper time 
 may call for it. This would certainly be the case when America should 
 become a manufacturing country." 
 
 •« Colonel Mason. — If he were for reducing the States to mere corpora- 
 tions, as seemed to be the tendency of some arguments, he should be for 
 subjecting their exports, as well as imports, to a power of general taxation. 
 . . The eight Northern States have an interest different from the five 
 Southern States ; and have, inoue branch of the Legislature, thirty-six votes 
 against twenty-nine ; and in the other, in the prop >rtion of eight against five. 
 The Southern States had, therefore, ground for their suspicion. The case of 
 exports was not the same with that of imports. The latter were the same 
 throughout the States ; the former, very different." 
 
 " Mr. Clymer remarked that every State might reason with regard to 
 its particular productions in the same manner as the Southern States. The 
 Middle States may apprehend an oppression of their wheat, flour, provisions, 
 etc. ; and with more reason, as these articles were exposed to a competition 
 in foreign markets, not incident to tobacco, rice, etc." 
 
 " Mr Madison, in order to require two-thirds of each House to tax 
 exports, as a lesser evil than a total prohibition, moved to insert the words, 
 * unless by consent of two-thirds of the Legislature.' " 
 
 " Mr. Wilson seconds ; and on this question, it passed in 
 the negative, — Aye, five; No, six; Virginia, Colonel 
 Mason, Mr. Randolph, Mr. Blair, No ; General Washington, 
 Mr. Madison, Aye. 11 
 
 August 23d. — " The following clause in the Report of the 
 Committee of eleven, being taken up, — ■ ' To make laws for 
 organizing, arming and disciplining the militia, and for gov- 
 erning such parts of them as may be employed in the service 
 of the United States ; reserving to the States, respectively, 
 the appointment of the officers, and authority of training the 
 militia according to the discipline prescribed. 7 " 
 
 11 Mr. Sherman moved to strike out the last member, * and authority of 
 training, etc' " 
 
56 
 
 "Mr. King, by way of explanation, faid that, by organizing, the Com- 
 mitter meant proportioning the officers and men, — by arming, specifying 
 the kind, size, and calibre of arms, — and, by disciplining, prescribing the 
 manual exercise, evolutions, etc." 
 
 "Mr. Gfrry. — This power in the United States, as explained, is 
 making the States drill-sergeants. He had as lief let the citizens of Massa- 
 chusetts be disarmed, as to take the command from the State, and subject 
 them to the General Legislature. It would be regarded as a system of 
 despotism.." 
 
 " Mr. King added to his former explanation, that arming . . included 
 the authority to regulate the modes of furnishing, either by the militia 
 themselves, the State Government, or the National Treasury ; that laws for 
 disciplining must involve penalties, and everything necessary for enforcing 
 penalties." 
 
 " Mr. Dayton moved to postpone the paragraph. " 
 
 " On the motion to postpone, — Aye, three ; No, eight." 
 
 " Mr. Ellsworth and Mr. Sherman moved to postpone the second 
 clause." 
 
 •• Mr. Langdon said he could not understand the jealousy expre^se 1 by 
 some gentlemen. The General and State Governments were not enemies 
 to each other, but different institutions for the good of the peoplo of 
 America. As one of the people he could say, the National Gove.nment is 
 mine, the State Government is mine. In transferring power fom one to 
 the other, I only take out of my left hand what it cannot so well use, and 
 put it into my right hand, where it can be better used." 
 
 " Mr. Gerry thought it was rather taking out of the right hand, and 
 putting it into the left. Will any man say that liberty will be as safo in 
 the hands of eighty or an hundred men taken from the whole Continent, 
 as in the hands of two or three hundred from a single State ? " 
 
 " General Pinckney preferred the clause reported by the Committee, 
 extending the meaning of it to the case of fines, etc." 
 
 "Mr. Madison. — The primary object is, to secure an effectual disci- 
 pline of the militia. This will no more be done, if left to the States sepa- 
 rately, than the requisitions have been hitherto paid by them T e 
 States neglect their militia now, . . in like manner as the militia of a 
 State would have been still more neglected than it has been, if each county 
 had been independently charged witn the care of its militia. The disci- 
 pline of the militia is evidently a national concern, and ought to be provided 
 for in the national Constitution." 
 
 " Mr. L. Martin was confident that the States would never give up the 
 power over the militia." 
 
 " Mr Randolph asked what dinger there could be, that the militia 
 would be brought into the field, and made to commit suicide on themselves. 
 This is a power that cannot, from its nature, be abused ; unless, indeed, 
 the whole mass should be corrupted. . . He urged tins as an essential 
 
 Eoint : observing that the militia were everywhere neglected by the State 
 legislatures, the members of which courted popularity too much to enforce 
 a proper discipline." 
 
 "On the question on the motion of Mr. Ellsworth and 
 Mr. Sherman, — Aye, one ; No, ten." 
 
 u On the question to agree to the first part of the clause, 
 < — l To make laws for organizing, arming and disciplining the 
 
ANCESTORS WERE GUIDED, IN 1787, *88, *89. 57 
 
 militia, and for governing such part of them as may be 
 employed in the service of the United States/ — Aye, nine ; 
 No, two." 
 
 " Mr. Madison moved to amend the next part of the clause 
 so as to read, 'reserving to the States, respectively, the 
 appointment of the officers, under the rank of general officers.'' " 
 
 *'* Mr. Sherman considered this as absolutely inadmissible." 
 
 " Mr. Gerry. — Let us at once destroy the State Governments, have an. 
 Executive for life or hereditary, and a proper Senate ; and then there 
 would be some consistency in giving full power to the General Govern- 
 rn< nr. . . He warned the Convention against pushing the experiment 
 too far. Some people will support a plan of vigorous government, at every 
 risk. Others, of a more democratic cast, will oppose it with equal 
 determination ; and a civil war may be produced by the conflict." 
 
 " Mr. Madison. — As the greatest danger is that of disunion of the 
 States, it is necessary to guard against it by sufficient powers to the common 
 Gov rnment ; and as the greatest danger to liberty is from large standing 
 armies, it is best to prevent them by an effectual provision for a good 
 militia." 
 
 " On the question to agree to Mr. Madison's motion, — Aye, 
 three ; No, eight. 7 ' 
 
 " On the clause, 'and the authority of training the militia 
 according to the discipline prescribed by the United States/ 
 — Aye, seven ; No, four." 
 
 " Mr. Rutledge moved to amend Article VIII. [in the 
 Report of August 6tb, p. 49], to read as follows: — 'This 
 Constitution, and the laws of the United States made in 
 pursuance thereof, and all the treaties made under the 
 authority of the United States, shall be the. supreme law 
 of the several States and of their citizens and inhabitants ; 
 and the Judges of the several States shall be bound thereby in 
 their decisions, anything in the Constitution or laws of the 
 several States to the contrary, notwithstanding/ — which was 
 agreed, to nem. con." 
 
 " Mr. Gouverneur Morris moved to alter the first part 
 of the clause [concerning the militia], so as to read, ' to 
 provide for calling forth the militia, to execute the laws 
 of tiie Union, suppress insurrections, and repel invasions ; — 
 which was agreed to, nem. con." 
 
 " Mr. Charles Pinckney moved", as an additional power to 
 be vested in the Legislature of the United States, ' to nega- 
 tive all laws passed by the several States interfering, in the 
 opinion of the Legislature, with the general interests and 
 harmony of the Union ; provided that two-thirds of the mem- 
 bers of each House assent to the same.' This principle, he 
 observed, had formerly been agreed to. He considered the 
 precaution as essentially necessary." 
 
58 ^ACTS TO GtJIDE AMERICANS, AS THEIR 
 
 " Mr. Broom seconded the proposition." 
 
 " Mr. Madison proposed that it should be committed. He had been 
 from the beginning a friend to the principle ; but thought the modification 
 might be made better." 
 
 " Mr. Wilson considered this as the key-stone wanted to complete the 
 wide arch of government we are raising. The power of self-defence had 
 been urged as necessary for the State Governments. It was equally neces- 
 sary for the General Government. Tne firmness of Judges is not of itself 
 sufficient. Something further is requisite. It will be better to prevent 
 the passage of an improper law, than to declare it void when passed." 
 
 " Mr. Ellsworth observed, that the power contended for would require 
 that all laws of theSiate Legislatures should . . be transmitted to the 
 General Legislature, or that the State Executives should be appointed by 
 the General Government, and have a control over the State laws. 
 
 " Mr. Pincknky declared, that the State Executives ought to be so 
 appointed, with euch control ; and that it would be so provided, if another 
 Convention should take place." 
 
 " Mr. Langdon was in favor of the proposition. He considered it as 
 resolvable into the question, whether the extent of the National Consti- 
 tution was to be judged of by the General or State Governments ?" * 
 
 " On the question for commitment, — Aye, five ; No, six." 
 
 August 25th. — " Mr. McHenry and General Pinckney 
 made the following proposition : — ' All duties, imposts and 
 excises, prohibitions or restraints, laid or made by the Legis- 
 lature of the United States, shall be uniform and equal 
 throughout the United States.' " 
 
 " Referred [with other propositions], nem. con., to a Com- 
 mittee composed of a member from each State." 
 
 August 28th. — The clause, — " No State, "without the 
 consent of the Legislature of the United States, shall lay- 
 impost or duties on imports," — being under consideration, — 
 
 " Mr. Ktng moved to add, ' a prohibition on the States to 
 interfere in private contracts.' " 
 
 " Mr. Gouverneur Morris. — This would be going too far." 
 " Mr. Wilson was in favor of Mr. King's motion. " 
 
 M Mr. Madison admitted that inconveniences might arise from such a 
 prohibition ; but thought on the wiiole it would he overbalanced by the 
 utility of it. He conceived, however, that a negative on the State laws 
 could alone Becure the effect." * 
 
 " Colonel Mason observed, that particular States might wish to 
 encourage, by impost duties, certain manufactures, for which they enjoyed 
 natural advantages ; as Virginia, the manufacture of hemp, etc." 
 
 ** Mr. Madison. — The encouragement of manufactures in that mode 
 requires duties, not only on imports directly from foreign countries, but 
 from the other States in the Union ; which would revive all the mischiefs 
 experienced from the want of a General Government over commerce." 
 
 * Relative to the proposition for such a power, and the debates upon it, see pp. 16, 40. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 59 
 
 " Mr. King moved to insert, after the word ' imports,' the words, 
 'or exports ;' so as to prohibit the States from taxing either." 
 
 " On the question, — Aye, six ; No, five." 
 
 August 30th. — The Article, — " The United States shall 
 guaranty to each State a republican form of government ; 
 and shall protect each State against invasions ; and, on the 
 application of its Legislature, against domestic violence," — 
 being taken under consideration, — 
 
 " Mr. Dickinson moved to strike out, ' on the application of its Legis- 
 lature.' He thought it of essential importance to the tranquillity of the 
 United States, that they should, in all cases, suppress domestic violence, 
 which may proceed from the State Legislature itself, or from disputes 
 between the two branches, where such may exist." 
 
 u On the question, — Aye, three ; No, eight." 
 
 "Mr. Dickinson moved to insert the words, ' or Executive,' after the 
 words, ■ application of its -Legislature.' The occasion itself, he remarked, 
 might hinder the Legislature from meeting." 
 
 "On this question, — Aye, eight; No, two; Maryland, 
 divided." 
 
 " Mr. L. Martin moved to subjoin to the last amendment, 
 the words, * in the recess of the Legislature,' — on which 
 question, Maryland only, Aye" 
 
 " On the last clause as amended, — Aye, nine ; No, two." 
 
 The Article, — " The ratification of the Conventions of 
 
 States shall be sufficient for organizing this Constitution." 
 
 " Mr. Sherman observed that the States being now confederated by 
 Articles which require unanimity in changes, he thought the ratification, 
 in this case, of ten States at least ought to be made necessary." 
 
 " Mr. Randolph was for filling the blank with ' nine,' that being a 
 respectable majority of the whole, and being a number made familiar by 
 the constitution of the existing Congress." 
 
 "Mr. Dickinson asked, whether the concurrence of Congress is to be 
 essential to the establishment of the system — whether the ret using States 
 in the Confederacy could be deserted — and whether Congress could concur 
 in contravening the system under which they acted? " 
 
 44 Mr. Wilson. — As the Constitution stands, the States only which 
 ratify can be bound. We must, he said, in this case, go to the original 
 powers of society. The house on fire must be extinguished, without a 
 scrupulous regard to ordinary rights." 
 
 44 Mr. Butler was in favor of • nine.' He revolted at the idea that 
 one or two States should restrain the rest from consulting their safety." 
 
 11 Mr. King thought the amendment necessary ; otherwise, as the Consti- 
 tution now stands, it will operate on the whole, though ratified by a part 
 only." 
 
 August 3lst. — "Mr. King moved to add to the end of 
 the Article, the words, ' between the said States/ so as 
 to confine the operation of the Government to the States 
 ratifying it." 
 
60 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " On the question, — Aye, nine ; No, one." 
 
 " Mr. Sherman doubted the propriety of authorizing less than all the 
 States to execute the Constitution, considering the nature of the existing 
 Confederation." 
 
 " Mr. Carroll mentioned the mode of altering the Constitution of 
 Maryland pointed out therein, and that no other mode could be pursued 
 in tha: State." 
 
 '•Mr. King. — . . Conventions alone, which will avoid all tho 
 obstacles from the complicated formation of the Legislatures, will succeed ; 
 and, if not positively required by the plan, its enemies will oppose that 
 mode." 
 
 " Mr. Madison considered it best to require Conventions. . . The 
 difficulty in Maryland w<is no greater than in other Stages, where no mode 
 of change was pointed out by their Constitution, and all officers were under 
 oath to support it. The people were, in fact, the fountain of all power, 
 and by recurring to them, all difficulties were got over They could alter 
 constitutions as they pleased. It was a principle in the Bills of Rights, 
 that first principles might be resorted to." 
 
 11 Mr. Gorham urged the expediency of Conventions ; also Mr. 
 Pinckney, for reasons formerly urged on a discussion of this question." 
 
 " Mr. L. Martin insisted on a reference to the State Legislatures. He 
 urged the danger of commotions from a resort to the people and to first 
 principles ; in which the Government might be on one side, and the people 
 on the other." 
 
 After the successive motions, to fill the blank with thirteen, ten, etc., 
 had bem negatived, k< Colonel Mason [remarked that] nine Sates had 
 been required in all great cases under the Confederation, and that number 
 was on that account, preferable." 
 
 On the question for " nine/' — Aye, eight ; No, three. 
 
 The Article, as amended, was then agreed to by all the 
 States, Maryland excepted " [though Mr. Jenifer, one of its 
 delegates, voted Aye}" 
 
 "On the question on the clause of the Report, — 'and all 
 duties, imposts, and excises, laid by the Legislature, shall be 
 uniform throughout the United States,' — it was agreed to, 
 nem. con." 
 
 The Article, as amended on motion of Mr. Gouverneur 
 Morris and Mr. Pinckney, was then taken up ; viz. : — " This 
 Constitution shall belaid before the United States in Congress 
 assembled ; and it is the opinion of this Convention that it 
 should afterwards be submitted to a Convention chosen in 
 each State, in order to receive the ratification of such 
 Conventions, to which end the several Legislatures ought to 
 provide for the calling of Conventions within their respective 
 States, as speedily as circumstances will permit." 
 
 " Mr Gouverneur Morris said his object w.ih, to impress in stronger 
 terms the necessity of calling Conventions in order to p- event enemies to 
 the plan from giving it the goby. When it first appears, with the sanction 
 of this Convention, the people will be favorable to it. By degrees tho 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 61 
 
 State officers, and those interested in the State Governments, will intrigue, 
 and turn the popular current against it." 
 
 " Mr. L. Martin believed Mr. Morris to be right, that after a while 
 the people would be against it ; but for a different reason from that alleged. 
 He believed they would not ratify it, unless hurried into it by surprise." 
 
 " Mr. Gerry enlarged on the idea of Mr. L. Martin, in which he 
 concurred; represented the system as full of vices; and dwelt on the 
 impropriety of destroying the existing Confederation, without the unan- 
 imous consent of the parties to it." 
 
 " Mr. Gerry moved to postpone the Article." 
 
 " Colonel Mason seconded the motion, declaring that he would sooner 
 chop off his right hand, than put it to the Constitution as it now stands. 
 He wished to s°e some points, not yet decided, brought to a decision. 
 . . Should these points be improperly settled, his wish would then be, 
 to bring the whole subject before another General Convention." 
 
 " Mr. Gouverneur Morris was ready for a postponement. He had 
 long wished for another Convention, that will have the firmness to provide 
 a vigorous Government, which we are afraid to do." 
 
 u On the question for postponing, — Aye, three ; No, eight." 
 
 " On the question on the Article, — Aye, ten ; Maryland, No." 
 
 September 5th s — The proposition, in the Report of the 
 Committee of eleven, — " To add to the clause, ' to raise 
 and support armies/ the words, l but no appropriation of 
 money for that use shall be for a longer term than two years/ " 
 — being taken up, — 
 
 " Mr. Gerry objected, that it admitted of appropriations to an army for 
 two years, instead of one ; for which he could not conceive a reason ; that 
 it implied there was to be a standing army, which he inveighed against, as 
 dangerous to liberty — as unnecessary, even for so great an extent of 
 country as this — and if necessary, some restriction on the number and 
 duration ought to be provided. Nor was this a proper time for such an 
 innovation. The people would not bear it." 
 
 " Mr. Sherman remarked, that the appropriations were permitted only, 
 not required, to be for two years. As the Legislature is to be biennially 
 elected, it would be inconvenient to require appropriations to be for one 
 year, as there might be no session within the time necessary to renew 
 them." 
 
 " The clause was then agreed to, nem. con." 
 
 a The part of the clause, in the same Report, — ' to exercise 
 like authority [exclusive legislation] over all pjaces purchased 
 for the erection of forts, magazines, arsenals, dock-yards, and 
 other needful buildings/ — coming under consideration, — " 
 
 " Mr. Gerry contended that this power might be made use of to enslave 
 any particular State, by buying up its territory, and that the strong-holds 
 proposed would be a means of awing the State into an undue obedience to 
 the General Government." 
 
 "Mr. King . . would move to insert, after the word ' purchased,' 
 the words, ' by the consent of the Legislature of the State.' This would 
 certainly make the power safe." 
 
62 FACTS TO GUIDE AMERICANS, AS *THEIR 
 
 " Mr. Gouverneur Morris seconded the motion, which was agreed to 
 nem. con. ; as was then the residue of the clause, as amended." 
 
 September 1th. — The Section, — "The Vice-President 
 shall be ex-officio President of the Senate," — being 
 considered, — 
 
 " Mr Gerry opposed this regulation. We might as well put the 
 President himself at the head of the Legislature. The close intimacy that 
 must subsist hetween the President and Vice-President makes it absolutely 
 improper. He was against having any Vice-President." 
 
 " Mr. Gouverneur Morris. — The Vice-President then will be the first 
 heir-apparent that ever loved his father. If there should be no Vice- 
 President, the President of the Senate would be temporary successor, which 
 would amount to the same thing." 
 
 " Mr. Sherman saw no danger in the case. If the Vice-President was 
 not to be President of the Senate, . . some member, by being made 
 President, must be deprived of his vote, unless when an equal division of 
 votes might happen in the Senate, which would be but seldom." 
 
 " Mr. Randolph concurred in the opposition to the clause." 
 
 " Colonel Mason thought the office of Vice-President an encroachment 
 on the rights of the Senate, and that it mixed too much the Legislative 
 and the Executive, which, as well as the Judiciary department, ought to 
 be kept as separate as possible." 
 
 * On the question, ' Shall the Vice-President be ex-officio 
 President of the Senate?' — Aye, eight; No, two." 
 
 September 8th. — " Mr. McHenry observed, that the 
 President had not yet been any where authorized to convene 
 the Senate, and moved to amend Article VI., Section 2, by- 
 striking out the words, l He may convene the Legislature on 
 extraordinary occasions/ and inserting, ' He may convene 
 both, or either of the Houses, on extraordinary occasions.' ' 
 
 On the question, — Aye, seven ; No, four. 
 
 " A Committee was then appointed by ballot, to revise the 
 style of, and arrange, the Articles which had been agreed to 
 by the House. The Committee consisted of Mr. Johnson, 
 Mr. Hamilton, Mr. Gouverneur Morris, Mr. Madison, and 
 Mr. King." 
 
 " Mr. Williamso» moved that, previous to this work of the Committee, 
 the clause relating to the number of the House of Representatives should 
 be reconsidered, for the purpose of increasing the number." 
 
 " Mr. Madison seconded the motion." 
 
 '* Mr. Sherman opposed it. He thought the provision on that subject 
 amply sufficient." 
 
 •' Colonel Hamilton expressed himself with great earnestness and 
 anxiety in favor of the motion. He avowed himself a friend to a vigorous 
 government, but would declare, at the same time, he held it essential that 
 the popular branch of it should be on a broad foundation, lie was seriously 
 of opinion, that the House of Representatives was on so nar.row a scale, 
 as to be really dangerous, and to warrant a jealousy in the people, for 
 their liberties." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 63 
 
 "On this motion to reconsider, — Aye, five; Nb f six." 
 
 September 10th. — " Mr. Gerry moved to reconsider the 
 Article, — ? On the application of the Legislatures of two-thirds 
 of the States in the Union, for an amendment of this Consti- 
 tution, the Legislature of the United States shall call a 
 Convention for that purpose.' n 
 
 This Constitution, he said, is to be paramount to the State Constitutions. 
 It follows, hence, from this article, that two-thirds of the States may 
 obtain a Convention, a majority of which can bind the Union to inno- 
 vations that may subveit the State Constitutions altogether. He asked 
 whether this was a situation proper to be run into ? 
 
 Colonel Hamilton seconded the motion; but, he said, with a different 
 view from Mr. Gerry. He did not object to the consequences stated by 
 Mr. Gerry. There was no greater evil in subjecting the people of the 
 United States to the major voice, than the people of a particular State. It 
 had been wished by many, and was much to have been desired, that an 
 easier mode of introducing amendments had been provided by the Articles 
 of Confederation. It was equally desirable now, that an easy mode should 
 be established for supplying defects which will probably appear in the 
 new system. The mode proposed was not adequate. The State Legis- 
 latures will not apply for alterations ; but with a view to increase their 
 own powers. The National Legislature will be the first to perceive, and 
 will be the most sensible to, the necessity of amendments ; and ought also 
 to be empowered, whenever two-thirds of each branch should concur, to call 
 a Convention. There could be no danger in giving this power, as the 
 people would finally decide in the case. 
 
 "On Mr. Gerry's motion to reconsider, — Aye, nine; No, 
 one." 
 
 Mr. Sherman moved to add to the article, " or the Legislature may 
 propose amendments to the several States ; but no amendments shall be 
 binding until consented to by the several States." 
 
 " Mr. Gerry seconded the motion." 
 
 Mr. Madison moved to postpone the consideration of the proposition, in 
 order to take up the following : — 
 
 " The Legislature of the United States, whenever two-thirds 
 of both Houses shall deem necessary, or on application of 
 two-thirds of the Legislatures of the several States, shall 
 propose amendments to this Constitution, which shall be valid 
 to all intents and purposes as part thereof, when the same 
 shall have been ratified by three-fourths, at least, of the Legis- 
 latures of the several States, or by Conventions in three- 
 fourths thereof, as one or the other mode of ratification may 
 be proposed by the Legislature of the United States." 
 
 " Colonel Hamilton seconded the motion." 
 " The postponement being agreed to," — 
 
 " On the proposition of Mr. Madison and Colonel 
 Hamilton," with the addition of the proviso olfered by Mr. 
 Rutledge, — Aye, nine ; JSlo, one.* 
 
 * The proviso is contained in the 9th Section of the first Article in the Constitution. 
 
64 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 "Mr. Pinckney moved, that it be an instruction to tbe Committee for 
 r vising the style an J arrangement of the Articles agreed on, to prepare an 
 address to the people, to accompany the present Constitution, and to be 
 laid, with the same, before the United States in Congress." 
 
 u The motion itself was referred to the Committee, 
 nem. con." 
 
 September 12th. — " Doctor Johnson, from the Committee of utyle, etc., 
 reported a digest of the plan, of which printed copies were ordered to be 
 famished to the members. He also reported a letter to accompany the 
 plan to Congress." 
 
 " The clause relating to exports being reconsidered at the instance of 
 Colonel Mason, — 
 
 u He moved as follows : — ' provided nothing herein contained shall be 
 construed to restrain any State from laying duties on exports for the sole 
 purpose of defraying the charges of inspecting, packing, storing, and 
 in le unifying the losses in keeping the commodities in the care of public 
 officers, before exportation.' " 
 
 " Mr. Madison seconded the motion." 
 
 " Mr. Gorham and Mr. Langdon thought there would be no security, 
 if tie proviso should be agreed to, for the States exporting through other 
 States, against the oppressions of the latter. How was redress to be 
 obtained, in case duties should be laid beyond the purpose expressed ?" 
 
 ''Mr. Madison. — There will be the same security as in other cases. 
 The j .risdiction of the Supreme Court must be the source of redress. 
 So f.T only had provision been made by the plan, against injurious acts of 
 the Spates. His own opinion was, that this was insufficient. A negative 
 on the State laws alone could meet all the shapes which these could assume. 
 But this had been overruled." * 
 
 September 15th. — " Mr. Randolph animadverting on the indefinite and 
 dang- tous power given by the Constitution to Congress, expressing the 
 pain he felt at differing from the body of the Convention on the close 
 of the great and awful subject of their labors, . . and anxiously 
 
 wishng lor some accommodating expedient which would relieve hiin fruin 
 his embarrassments, made a motion importing, ' that amendments to the 
 plan might be offered by the State Conventions, which should be submit ed 
 10, and finally decided on, by another general Convention.' Sho ild th>s 
 proposition be disregarded, it would, he said, be impossible for him to put 
 his name to the instrument." 
 
 " Colonel Mason seconded and followed Mr. Randolph in animadversions 
 on the dangerous power and structure of the Government, concluding that 
 it would end cither in monarchy, or a tyrannical aristocracy. . . This 
 Constitu ion had been formed without the knowledge or idea of the pe pi *. 
 A second Convention will know more of the sense of the people. . . 'Ast'se 
 Constitution now stmds, he could neither give it his support or vote in 
 Virginia ; and he could not sign here what he could not support there. 
 With the expedient of another Convention, as proposed, he could sign." 
 
 " Mr. Pinckney. — These declarations from members so respectable, at 
 the cl jse of this important scene, give a peculiar solemnity to the present 
 moment. . . Nothing but confusion and contrariety will spring from 
 the experiment [proposed]. He was not without objections, as well as 
 others, to the plan. . . But apprehending the danger of a general 
 confusion, and an ultimate decision by the sword, he should give the plan 
 his support." 
 
 * See Mr. Madison's expressions as to such a power, on pp. 16, 40, 58 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 65 
 
 " Mr. Gerry stated the objections which determined him to withhold 
 
 his name from the Constitution 
 
 M He could, however, he said, get over all these, if the rights of the citizens 
 were not rendered insecure — first, by the general power of the Legis- 
 lature to make what laws they may pie >se to call • necessary and proper ;' 
 s condly, to raise armies and money without limit ; thirdly, to establish a 
 t'ibunal without juries, which will be a Star Chamber as to civil cases. 
 Under such a view of the Constitution, the best that could be done, he 
 conceived, was to provide for a second General Convention." 
 
 " On the question, on the proposition of Mr. Randolph, all 
 the States answered, — No" 
 
 " On the question, to agree to the Constitution as amended, 
 all the States, — Aye." 
 
 " The Constitution was then ordered to be engrossed, and 
 the House Adjourned.'' 
 
 " Monday, September 11th." 
 
 " The engrossed Constitution being read, — 
 
 " Doctor Franklin rose to offer a speech which he had prepared in 
 writing for the occasion, and which Mr. WiLson read, as follows : — 
 
 " Mr. President, — 
 
 " I confess that there are several parts of this Constitution which I do 
 not at present approve, but I am not sure I never shall approve them. 
 For, having lived long, I hare experienced many instances of being 
 obliged, by better information, or fuller consideration, to change opinions, 
 ev j n on important subjects, which I once thought right, but found to he 
 otherwise. It is therefore that the older I grow, the more apt I am to 
 doubt my own judgment, and to pay more respect to the judgment of 
 
 others. In these sentiments, sir, I agree to 
 
 this Constitution, with all its faults, if they are such, because I think a 
 
 General Government necessary for us. I doubt too 
 
 whether any other Convention we can obtain may be able to make a better 
 
 Constitution Thus I consent, sir, 
 
 to 'his Constitution, because I expect no better, and because I am not 
 sure that it is not the best. The opinions I have had of its errors I sacrifice 
 to the public good. I have never whispered a syllable of them abroad. 
 Within these walls.they were born, and here they shall die. If every one 
 of us, in returning to our constituents, were to report the objections he has 
 had to it, and endeavor to gain partisans in support of them, we might 
 prevent its being generally received; and thereby lose all the salutary 
 effaets and great advantages resulting naturally in our favor among foreign 
 nations, as well as among ourselves, from our real or apparent unanimity. 
 . I hope, therefore, that for our own sakes, as a part of the people, 
 and for the sake of posterity, we shall act heartily and unanimously in 
 recommend ng the Constitution (if approved by Congress and' confirmed 
 by the Contentions) wherever our influence may extend ; and turn our 
 future thoughts and endeavors to the means of having it well administered. 
 
 " On the whole, sir, 1 cannot help expressing a wish that every member 
 of the Convention, who may still have objections to it, would with me, on 
 this occasion, doubt a little of his own infallibility, and, to make manifest 
 our unanimity, put his name to this instrument." 
 
 "He then . . offered the following as a convenient form, 
 for signing; viz.: — 'Done in Convention by the unanimous 
 consent of the States present, the seventeenth of September, 
 
66 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 etc. In witness whereof we have hereunto subscribed our 
 names.' "• 
 
 Mr. Madison states that, " This ambiguous form had been 
 drawn up by Mr. Gouverneur Morrts, in order to gain the 
 dissenting members, and put into the hands of Doctor 
 Franklin, that it might have the better chance of success.' 7 
 
 M Mr. Gorham said, if not too late, he could wish, for the purpose of 
 lessening objections to the Constitution, that the clause, declaring that the 
 4 number of liepresentatives shall not exceed one for ever^ forty thousand,' 
 which had produced so much discussion, might be yet reconsidered, in 
 order to strike out * forty thousand,' and insert * thirty thousand.' This 
 would not, h« remarked, establish that as an absolute rule, but only give 
 Congress a greater latitude, which could nut be thought unreasonable." 
 
 " Mr. King and Mr. Carroll seconded and supported the ideas of 
 Mr. Gorham." 
 
 " When the President rose for the purpose of putting the question, he 
 said that, although his situation had hitherto restrained him from offering 
 his sentiments on questions depending in the House, and, it might be 
 thought, ought now to impose silence on him, yet he could not forbear 
 expressing his wish that the alteration proposed might take place. It was 
 much to be desired, that the objections to the plan recommended might he 
 made as few as possible. The smallness of the proportion of Representatives 
 had been considered, by many members of the Convention, an insufficient 
 security for the rights and interests of the people. He acknowledged that 
 it had always appeared to himself among the exceptionable parts of the 
 plan ; and late as the present moment was for admitting amendments, he 
 thought this of so much consequence, that it would give him much satis- 
 faction to see it adopted." * 
 
 " No opposition was made to the proposition of Mr. 
 Gorham, and it was agreed to unanimously." 
 
 " On the question to agree to the Constitution, enrolled, in 
 order to be signed, it was agreed to, all the States answering, 
 Aye." 
 
 " Mr. Randolph then rose, and . . apologized for his refusing to 
 sign the Constitution, notwithstanding the vast majority and venerable 
 names that would give sanction to its wisdom and its worth. He said, 
 however, that he did not mean by this refusal to decide that he should 
 oppose the Constitution without-doors. He meant only to keep himself 
 free to be governed by his duty, as it should be prescribed by his future 
 judgment. He refused to sign, because he thought the object of the 
 Convention would be frustrated by the al ernative which it presented to 
 the people. Nine States will fail to ratify the plan, and confusion must 
 ensue." 
 
 " Mr. Gouverneur Morris said, that he too had objections, but, consid- 
 ering the present plan as the best that was to be attained, he should take 
 it with ah its faults. The majority had determined in its favor, and by 
 that determination he should abide. The moment this plan goes forth, all 
 othe r considerations will be laid aside, and the great question will be, — 
 Shall there be a National Government or not? and this must take place, 
 or a general anarchy will be the alternative. He remarked that the signing, 
 in the form proposed, related only to the fact that the Slates present were 
 unanimous." 
 
 * Mr. Madison says, in a note, "This was the only occasion on which the President 
 entered at all into the discussions of the Convention." 
 
 i 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 67 
 
 " Mr. Williamson. — . . For himself he did not think abetter plan 
 was to be expected, and had no scruples against putting his name to it." 
 
 " Colonel Hamilton expressed his anxiety that every member should 
 sign. A few characters of consequence, by opposing, or even refusing to 
 sign, the Constitution, might do infinite mischief, by kindling the 
 latent sparks that lurk under an enthusiasm in favor of the Convention, 
 which may soon subside. No man's ideas were more remote from the 
 p'an than his were known to be ; but is it possible to deliberate between 
 anarchy and convulsion on one side, and the chance of good to be 
 expected from the plan on the other?" 
 
 " Mr. Blount said, he had declared that he would not sign so as to 
 pledge himself in support of the plan, but he was relieved by the form 
 proposed, and would, without committing himself, attest the fact that the 
 plan was the unanimous act of the States in Convention." * 
 
 " Mr. Randolph could not but regard the signing in the proposed form, 
 as the same with signing the Constitution. The change of form, therefore, 
 could make no difference with him. ... He repeated his persuasion, 
 that the holding out this plan, with a final alternative to the people of 
 accepting or rejecting it in toto, would really produce the anarchy and 
 civil convulsions which were apprehended from the refusal of individuals 
 to sign it." 
 
 "Mr. Gerry. — . . Whilst the plan was depending, he had treated 
 it with all the freedom he thought it deserved. He now felt himself bound, 
 as he was disposed, to treat it with the respect due to the act of the 
 Convention. He hoped he should not violate that respect in declaring, 
 on this occasion, his fears that a civil war may result from the present 
 crisis of the United States. In Massachusetts, particularly, he saw the 
 danger of this calamitous event. In that State there are two parties, one 
 devoted to Democracy, the worst, he thought, of all political evils ; the 
 other, as violent in the opposite extreme. Jb'rom the collision of thes?, in 
 opposing and resisting the Constitution, confusion was greatly to be feared. 
 He had thought it necessary, for this and other reasons, that the plan 
 should have been proposed in a more mediating shape, in order to abate 
 the heat and opposition of parties. As it had been pissed by the 
 Convention, he was persuaded it would have the contrary effect He could 
 not, therefore, by signing the Constitution, pledge himself to abide by it 
 at all events. The proposed form made no difference with him.' ; 
 
 " General Pjnckney. — We are not likely to gain many converts by 
 the ambiguity of the proposed form of signing. He thought it best to be 
 candid, and let the form speak the substance. If the meaning of the 
 signers be left in doubt, his purpose would not be answered. He should 
 6>gn the Constitution with a view to support it with all his influence, and 
 wished to pltdge himself accordingly." 
 
 " Mr. Ingersoll did not consider the signing, either as a mere attestation 
 of the fact, or as pledging the signers to support the Constitution at all 
 events ; but as a recommendation of what, all things considered, was the 
 most eligible." 
 
 " Mr. King suggested that the Journals of the Convention should be 
 either destroyed, or deposited in the custody of the President. He thought, 
 if suffered to be made public, a bad use would be made of them by those 
 who would wish to prevent the adoption of the Constitution." 
 
 " Mr. Wilson preferred the second expedient. He had at one time 
 liked the first best ; hut, as false suggestions may be propagated, it should 
 not be made impossible to contradicc them." 
 
 * Mr. William Blount, from North Carolina. He took his seat in the Convention, 
 
 June 20«A. 
 
68 FACTS TO GUIDE AMERICANS, AS THEIR 
 
 " A question was then put on depositing the Journals, and 
 other papers of the Convention, in the hands of the President ; 
 on which, — Aye, ten ; No, one." 
 
 "It was resolved, nem. con., 'that he retain the Journal 
 and other papers, subject to the order of Congress, if ever 
 formed under the Constitution.' " 
 
 " The members then proceeded to sign the Constitution." 
 
 What those signers meant and understood to be the 
 distinctive nature, and whatthe specific objects and purposes 
 contemplated, they most explicitly declared in the following 
 first clause of the Instrument : — 
 
 "We, the people [not of the several States, but] of tfie 
 United States, in order to form a more perfect Union, e>tablisli 
 justice, insure domestic tranquillity, provide for the common 
 defence, promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain and 
 establish this Constitution for the United States of America/ 7 
 
 In perfect harmony with the foregoing first clause, are the 
 following extracts from the address or letter which, as 
 proposed, Sept. 10th, was sent with the Constitution to 
 Congress. 
 
 "September \lth, 1787." 
 
 1 We have now the honor to submit to the consideration of 
 the United States in Congress assembled, that Constitution 
 which has appeared to us the most advisable. 
 
 "In all our deliberations on this subject, we kept steadily 
 in our view, that which appears to us the greatest interest of 
 every true American, — the consolidation of our Union ; in 
 which is involved our prosperity, felicity, safety, perhaps our 
 national existence. 
 
 "That it may promote the lasting welfare of that country 
 so dear to us all, and secure her freedom and happiness, is 
 our most ardent wish. 
 
 " With great respect, etc., 
 
 " George Washington, President." 
 
 " By unanimous order of the Convention." 
 
 As Mr. Madison relates, — "The Constitution being; signed 'y all the 
 members, except Mr. Randolph, Mr. Mason, and Mr. Gerry, who declined 
 giving it the sanction of their names, the Convention dissolved itself by 
 an adjournment sine die." 
 
 " Whilst the last members were sign ; ng, Doctor Franklin, looking 
 towards the President's chair, at the back of which a rising nun happ ne»l 
 to be painted, observed to a few members near him, that painters I ad 
 found it difficult to distinguish in their art, a rising, from a setting sin. 
 I have, said he, often and often, in the course of the session, an t the 
 vicissitud< s of my hopes »nd fears as to its issue, looked at that, behind 
 the President, without being able to tell whether it was rising or setting ; 
 but now, at length, I have the happiness to know, that it in a rising and 
 not a stttiny sun." 
 
ANCESTORS WERE GUIDED, IN 1787, *88, '89. €9 
 
 Such was the progress, and such the conclusion, of the 
 difficult and vastly momentous labors of the Convention of 
 1787, — labors, which ought to be far better understood, so 
 that if possible they may be justly appreciated by every 
 American citizen, whether native or adopted. 
 
 It is suggested, as a matter of much interest and conse- 
 quence, to notice the modifying effects of the influences 
 exerted by some of the members, of broadest and maturest 
 experience; of most cultivated, enlarged, and comprehensive 
 patriotism ; as those effects are apparent from the beginning 
 till the full attainment of that auspicious result, which had 
 been long hoped for, with manifestly anxious and tremulous 
 doubt, — whether hard-earned Independence was to run riot 
 in lawless anarchy ; or whether dear-bought Liberty was to 
 be regulated and secured by the operations of a well-organized 
 and adequately efficient government. 
 
 As the Achievement of independence gave to the Declara- 
 tion its reputed importance ; so, the Construction of the 
 government by that Convention gave to both of them, their 
 practical value and significance. 
 
 The portion of the debates relating to slavery, have been 
 purposely omitted ; because the final abolition of it.seems to 
 have superseded the expediency of further controversy or 
 agitation on the subject. Besides, it appeared to be incon- 
 sistent with the main design, to introduce a subject likely to 
 divert attention from that continued line of division, which 
 so clearly marked the whole proceedings of the Convention, 
 which has been mentioned or alluded to in these pages as 
 deranging and endangering the plans of public operations 
 from an early stage of the Revolution, and which, on that 
 floor, as has been shown, more than once threatened to 
 entirely defeat the best-directed, the most strenuous and 
 ablest, efforts to remedy the rapidly increasing complication 
 of appalling evils, then prevailing throughout the length and 
 breadth of the country. 
 
 Nor did that division end with the process of forming the 
 Constitution. 
 
 But it continued still so unabated, that, during the interval 
 of suspense which followed, labors no less difficult and anx- 
 ious than in its formation, were required and effectively 
 performed to procure its acceptance. 
 
 Moreover, decidedly opposite opinions of its character and 
 tendencies were as emphatically declared by some prominent 
 men outside of the Convention, as such opinions were de- 
 clared' by some of the members inside of that justly venerated 
 Assembly. 
 
 These facts would seem to need for confirmation, no plainer 
 evidence than the immediately following extracts. 
 
70 
 
 General Washington - , to David Stewart. — Mount Vernon, Oct. 17, 
 1787. " Dear Sir, — As the enclosed Advertiser contains a speech of Mr. 
 Wilson's, as able, candid, and honesc a member as was in the Convention, 
 which will place the most of Colonel Mason's objections in their true 
 point of light, I send it to you. The republication of it, if you can get it 
 done, will be serviceable at this juncture." 
 
 Same, to Colonel Hamilton, Oct. 18, 1787. — "It is with unfeigned 
 concern I p rceive a p ditical dispute has arisen between Gjvernor 
 Clinton and yourself. For both of you I have the highest esteem and 
 regard. But, as you siy it is insinuated by some of your political adver- 
 saries, and may obtain credit, • that you palmed yourself upon me, and 
 were dismissed from my family,' and call on me to do you justice by a 
 recital of facts, I do therefore explicitly declare, that both charges are en- 
 tirely unfounded. With respect to t^e first, I have no cause to believe 
 that you ever took a single step to accomplish, or had the most distant 
 idea of receiving, an appointment in my family, till you were invited into 
 it; and, with respect to the second, your quitting it was altogether the 
 effect of your own choice. 
 
 " Whea the situation of this country calls loudly for vigor and una- 
 nimity, it is to be lamented that gentlemen of talents and character should 
 disagree in their sentiments for promoting the public weal ; but, un- 
 fortunately, this ever has been, and probably ever will be the case, in the 
 affairs of mankind." 
 
 Thomas Jefferson, to John Adams, # Paris, Nov. 13, 1787. — " How do 
 you like our new Constitution? I confe?s there are things in it, which 
 stagger all my dispositions to subscribe to what such an Assembly has 
 propped. The House of federal Representatives will not be adequate to the 
 management of affairs, either foreign or federal. Their President seems a 
 bad edition of a Polish king. He may be elected from four years to four 
 years, for life. Reason and experience prove to us, that a Chief Magistrate, 
 so continuable, is an office for life. . . . Once in office, and p >ssessing 
 the military force of the Union, without the aid or check of a council, he 
 would not be easily dethroned, even if the people could be induced to 
 withdraw their votes from him. I wish that at the end of the four years, 
 they had made him for ever ineligible a second time. Indeed, I think all 
 the good of this new Constitution might have been couched in three or 
 four new Articles, to be addei to the good, old, and venerable fabric,f 
 which should have been preserved, even as a religious relic." 
 
 General Washington, toJBusHROD Washington,! Nov. 10, 1787. — " The 
 only question with me was, whether it [the Constitution] would go forth 
 under favorable auspices, or receive the stamp of disapprobation. The oppo- 
 nents I expected (for it ever has been, that toe adversaries of a measure are 
 more active than its friends), would endeavor to stamp it with unfavorable 
 impressions, iu order to bias the judgment that is ultimately to decide 
 upon it. This is evidently the case with the writers in opposition, whose 
 objections are better calculated to alarm the fears, than to convince the 
 judgment, of their readers. They build their objections upon principles 
 that do not exist, which the Constitution does not support them in, and 
 the existence of which has, by an appeal to the Constitution itself, been 
 flatly denied ; and tlfen, as if they were unanswerable, draw all the 
 dreadful consequences that are necessary to alarm the apprehensions of the 
 ignorant or unthinking. It is not the interest of the major part of these 
 characters to be convinced ; nor will their local views yield to arguments 
 
 * Mr. Jefferson and Mr. Adams were American Ministers at foreign courts; the 
 former, at that of France, the latter at the court of Great Britain. 
 
 t By " venerable fabric " Mr. Jefferson meant the Confederation. 
 
 $ Afterwards Judge Washington, of the supreme court of the United States. 
 
ANCESTORS WERE GUIDED, IN 1737, '88, '89. 71 
 
 which do not accord with their present or future prospects. . . It ia 
 agreed on all hands, that no Government can be well administered without 
 powers ; yet, the instant these are delegated, though those who are 
 intrusted with the administration, are no more than the creatures of the 
 people, act as it were but for a day, and are answerable for every step they 
 take ; they are, from the moment they receive it, set down as tyrants. 
 One would conceive from this, that their natures are immediately changed, 
 and that they have no other disposition but to oppress. Of these things, 
 in a government constituted and guarded as ours is, I have no idea, and 
 do firmly believe that, whilst many ostensible reasons are assigned to 
 prevent the adoption of it, the real ones are concealed behind the curtain; 
 because they are not of a nature to appear in open day. I believe further, 
 supposing them pure, that evils as great result from too great jealousy, as 
 from the want of it." 
 
 Thomas Jefferson, to Colonel Smith,* Nov. 13, 1787. — "I do not 
 know whether it is to yourself, or Mr. Adams, I am to give my thanks for 
 the copy of the new Constitution. I beg leave through you, to place them 
 'where due. . . . There are very good Articles in it, and very bad. I 
 do not know which preponderate. . . . "What we have always read 
 of the elections of Polish Kings, should have forever excluded this idea 
 of one continuable for life. . . . The British Ministry have so long 
 hired their gazetteers to repeat, and model into every form, lies about our 
 being in anarchy, that the world has at length believed them, . . . 
 and what is more wonderful, we have believed them ourselves. Yet, 
 where does this anarchy exist ? Where did it ever exist, except in the 
 eingle instance of Massachusetts? And can history produce an instance 
 of rebellion so honorably conducted ? I say nothing of its motives. . . . 
 God forbid we should ever be twenty years without such a rebellion. 
 . . . We have had thirteen States independent for eleven years. 
 There has been one rebellion. That comes to one rebellion in a century 
 and a half, for each State. . . . What country can preserve its 
 liberties, if its rulers are not warned, from time to time, that this people 
 preserve the spirit of resistance ? Let them take arms. The remedy is, 
 to set them right as to facts, pardon and pacify them. What signify a 
 few lives lost in a century or two? The tree of liberty must be 
 refreshed from time to time, with the blood of patriots and tyrants. It is 
 its natural manure. Our Convention has been too much impressed by the 
 insurrection of Massachusetts ; and, on the spur of the moment, they are 
 setting up a kite to keep the hen-yard in order. I hope in God, this 
 Article [relating to the office of President] will be rectified, before the new 
 Constitution is accepted." 
 
 General Washington, to Colonel Hamilton. — Nov. 10, 1787. 
 "Dear Sir, — I thank you for the pamphlet contained in your letter of the 
 30th ultimo. For the remaining numbers of Publius I shall acknowledge 
 myself obliged, as I am persuaded the subject will be well handled by the 
 author of them." 
 
 Same, to David Stewart, Nov. 30, 1787. — "I have seen no publication 
 yet, that ought in my judgment to shake the proposed Constitution in 
 the mind of an impartial and candid public. In fine, 1 have hardly seen 
 one, that is not addressed to the passions of the people, and obviously 
 calculated to alarm their fears. . . . That there are some writers, and 
 others perhaps who have not written, that wish to see this Union divided 
 into several Confederacies, is pretty evident. As an antidote to these 
 opinions, and in order to investigate the ground of objections to the 
 Constitution which is submitted, the Federalist, under the signature of 
 Publius, is written. The numbers which have been published, I send you. 
 If there, is a printer in Richmond, who is really well disposed to support 
 
 * Colonel Smith was Minister Adams's Secretary. 
 
72 FACTS- TO GUIDE AMERICANS AS THEIR 
 
 the new Constitution, he would do well to give them a place in his paper. 
 They are, I think I may venture to say, written by able men ; and, be.'ore 
 they are finished, will, or 1 am mistaken, place matters in a true point 
 of light."* 
 
 Thomas Jefferson, to William Carmichael, Dec. 11, 1787. — " Mr. 
 Adams, as you know, has asked his recall. This has been granted, and Col- 
 onel Smith is to return too. 
 
 " Our new Constitution is powerfully attacked in the American news- 
 papers. The objections are, that its effect would be, to form the thirteen 
 States into one ; that, proposing to melt all down into one General Govern- 
 ment, they have fenced the people by no Declaration of Rights ; they have 
 not renounced the power of keeping a standing army ; they have not 
 secured the liberty of the press ; they have reserved the power of abolishing 
 Trials by Jury in civil cases ; they have proposed that the laws of the 
 Federal Legislature shall be paramount to the laws and constitutions of 
 the States ; they have abandoned rotation in office ; and particularly, their 
 President may be re-elected from four years to four years, for life, so as to 
 render him a king for life, like a king of Pohind ; and they have not given 
 him either the check or aid of a council. To these they add calculations 
 of expense, etc. 
 
 " You will perceive that those objections are serious, and some of them not 
 without foundation. The Constitution, however, has been received with 
 very general enthusiasm, and as far as can be judged from external dem- 
 onstrations, the bulk of the people are eager to adopt it. In the Eastern 
 States, the printers will print nothing against it, unless the writer sub- 
 scribes his name. ... In New York, there is a division. The 
 Governor (Clinton) is known to be hostile to it.f . . . Pennsylvania 
 is divided, and all the bitterness of her factions has been kindled anew on 
 it. But the party in favor of it is strongest, both in and out of the Legis- 
 lature. This is the party anciently of Mocris, Wilson, etc. ... As 
 to Virginia, two of her Delegates refused to sign it. . . . Besidt s 
 these, Henry, HARRison, Nelson, and the Lees are against it. General 
 Washington will be for it, but it is not in his.character to exert himself 
 much in the case. Madison will be its main pillar ; but it is questionable 
 whether he can bear the weight of such a host. So that the presumption 
 is, that Virginia will reject it. 1 know nothing of the dispositions of the 
 States south of this. Should it fall through, as is possible, . . it is 
 probable that Congress will propose that the objections being once known, 
 another Convention shall be assembled. ... In this way, union may be 
 produced under a happy Constitution, and one which shall not be too 
 energetic." 
 
 General Washington, to James Madison, in Congress, Dec. 7, 1787. — 
 "Mr Dear Sir, — Since my last to you, I have been favored with your 
 letters of the 28th of October and 18th of November. With the last came 
 seven numbers of the Federalist, under the signature of Publius, for which 
 I thank you They are forwarded to a gentleman in Richmond for repub- 
 lication ; the doing of which in this State will, I am persuade!, have a 
 good effect ; as there are cert unly characters, who are no friends to a 
 General Government. Perhaps 1 should not g> too far, were I to add, 
 who have no great objection to the introduction of anarchy and confusion. 
 
 " The solicitude to discover what thes-veral State Legislatures would do 
 with the Constitution, is now transferred to the several Conventions. 
 . . . Nor.h Carolina, it has b^en said by some accounts from Rich- 
 mond, will be governed in a great measure by the conduct of Virginia. 
 
 * Few, it is presumed, need to be told at this day, that these numbers were 
 written by Alexander Hamilton, John Jay, and James Madison. 
 
 t See General Washington's letter, October 18, p. 70, in reply to one from Colouel 
 Hamilton. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 73 
 
 The pride of South Carolina will not, I conceive, suffer this influence to 
 work in her councils ; and the disturbances in Georgia will, or I am 
 mbtaken, show the people the propriety of beim* united, and the necessity 
 there is for a General Government. If these, with the States eastward and 
 northward of us, should accede to the Government, I think the citizens of 
 this State wiil have no cause to bless the opponents of it here, if they 
 should carry their point." * 
 
 Thomas Jkfferson, to James Madison, Dec. 20, 1787. **- " I will now tell 
 you what I do not like [in the proposed Constitution]. First, the omission 
 of a Bill of Rights. ... To say, as Mr. Wilson does, that a Bill of 
 Rights is not necessary, ... is opposed by strong inferences from the 
 body of the instrument, as well as from the omission of the clause of our 
 prssent Confederation, which had made the reservation in express terms. 
 Let me add, that a Bill of Rights is what the people are entitled to against 
 every Government on earth, general and particular ; and what no just 
 Government should refuse or" rest on inference. 
 
 *• The second feature I dislike, and strongly dislike, is the abandonment 
 in every instancs, of the principle of rotation in office, and most particularly 
 in the case of the President. Reason and experience tell us that the First 
 Magistrate will always be re-elected, if he may be re-elected. He is then an 
 officer for life. . . . Smaller objections are the appeals on matters of 
 fact, a* well as law ; and the binding all persons, Legislative, Executive, 
 and Judiciary, by oath, to maintain that Constitution. 1 do not pretend 
 to decide what would be the best method of procuring . other good things in 
 this Constitution, and of getting rid of the bad. Whether by adopting it, 
 in hopes of future amendment ; or, after it shall have been duly canvassed 
 by the people, ... to say to them ; We see now what you wish. 
 . . .. Ba it so. Send together your Deputies again. Let them estab- 
 lish your fundamental rights by a sacrosanct declaration, and let them pass 
 the parts of the Constitution you have approved. These will give power 
 to your Federal Government sufficient for your happiness. 
 
 '• This is whatmiiiht be said, and would probably produce a speedy, more 
 pei feet, and more permanent form of Government." f 
 
 General Washington, to the Marquis de Lafayette, Feb. 7, 1788. — 
 You appear to be, as might be expected from a real friend to this country, 
 anxiously concerned about its present political situation. . . . As to 
 my sentiments with respect to the merits of the new Constitution, I will 
 disclose them without reserve, although bypassing through the post-offices 
 they should become known to all the world ; for in truth, 1 have nothing to 
 conceal on that subject. 
 
 It appears to me, then, little short of a miracle, that Delegates from so 
 many Scates. different from each other, as you know, in their manners, 
 circumstances, and prejudices, should unite in forming a system of National 
 Government so little liable to well-founded objections. . . Nor yet 
 am I such an enthusiastic, partial, or undiscriminating admirer of it 
 
 * April 25th, — General Washington wrote to John Armstrong — " Baffled in 
 their attacks upon the Constitution, they have attempted to vilify and debase the 
 characters who formed it; but even here I trust they will not succeed. Upon the 
 whole, I doubt whether the opposition to the Constitution will not ultimately 
 be proJuetive of more good than evil. It has called forth in its defence abilities, 
 which would not perhaps have otherwise existed. ... It has given 
 the rights of man a full and fair discussion, and explained in so clear and forcible 
 a manner, as cannot fail to mike a listing impression upon those who read the 
 last publications on the subject, and particularly the pieces under the signature of 
 Publius. There will be a greater weight of abilities opposed to the System in the 
 Convention of this State [Virginia], than there has been in any other." 
 
 t Tho nex*; day, Doc. 21, Mr. Jefferson wrote to Colonel E. Carrington, — " As to the 
 new Constitution, I find myself nearly a neutral; " and referred him to the explanation 
 in the above letter to Mr. Madiaon. 
 
74 FACTS TO GUIDE AMERICANS AS THEIR 
 
 as not to perceive it is tinctured with same real, though not radical, 
 defects. . . With regard to the two great points, the pivots upon which 
 toe whole machine must move, my creed is simply, — 
 
 " First, that the General Government is not in vested with more powers 
 than are indispensably necessary to perform the functions of a good gov- 
 ernraent, and consequently no objection ought to be made against the 
 quantity of power delegated to it. 
 
 Secondly, that these powers — as the appointment of all rulers will 
 ever arise from, and at sh ;rt stated intervals recur to, the free suffrage of 
 the people — are so distributed among the Legislative, Executive, and 
 Judicial branches, into which the General Government is a. ranged, that it 
 can never hi in danger of degenerating into a monarchy, an oligarchy, 
 an aristocracy, or any other despotic or oppressive form, so long as there 
 shall remain any virtue in the body of the people. 
 
 " I would not be understood, my dear Marquis, to speak of consequences 
 which may be produced in the revolution of ages, by corruption of 
 morals, profligacy of manners, and listlessness in the preservation of the 
 natural and inalienable rights of mankind, . . as these are contin- 
 gencies against which' no human prudence can effectually provide. 
 
 "It will at least be a recommendation to the proposeJ Constitution, 
 that it is provided with more checks and barriers against the introduction 
 of tyranny, and those of a nature less liable to be surmounted, than any 
 government hitherto instituted among mortals. We are not to expect 
 perfection in this world. . . Should that which is now offered to the 
 people of America be found, on experiment, less perfect than it can be 
 made, a constitutional door is left open for its amelioration. 
 
 " Some respectable characters have wished that the States, after having 
 pointed out whatever alterations and amendments mav be judged necessary, 
 would appoint another Federal Convention to modify it upon those sug- 
 gestions. For myself, I have wondered that sensible men should not see 
 the impracticability of this scheme. The members would go fortified 
 witli sueh instructions that nothing but discordant ideas could prevail. 
 Had I but slightly suspected, at the time when the late Convention was in 
 session, that another Convention would not be likely to agree upon a 
 better form of government, I should now be confirmed in the fixed belief 
 that they would not be able to agree upon any system whatever ; so many, 
 
 I may add, such contradictory and unfounded objections have been urged 
 against the system in contemplation, many of which would operate 
 equaily against any efficient government that might be proposed. 1 will 
 only say, as a further opinion, founded on the maturest deliberation, that 
 there is no alternative, no hope of alteration, no resting-place, between 
 the adoption of this, and a recurrence to an unqualified state of anarchy, 
 with all its deplorable consequences." 
 
 Thomas Jefferson, to A. Donald, Feb. 7, 1788. — "I wish, with all 
 my soul, that the nine first conventions may accept the new Constitution. 
 . . . But I equally wish that the four latest conventions, whichever 
 they be, may refuse to accede to it, till a Declaration of Rights be 
 annexed. . . By a Declaration of Rights, I mean one which shall 
 stipulate freedom of religion, freedom of the press, freedom of commerce 
 against monopolies, Trial by Jury in all cases, no suspension of the habeas 
 corpus, no standing armies. These are fetters against doing evil which no 
 honest government should decline. There is another strong feature in 
 the new Constitution, which I as strongly dislike ; that is the perpetual 
 re-eligibility of the President. . It will be productive of cruel distress to 
 our country, even in your day and mine." 
 
 General Washington, to the Marquis de Lafayette, April 28, 1788. — 
 
 II At present, or under our existing form of Confederation, it would be 
 idle to think of making commercial regulations on our part. One State 
 passes a prohibitory law respecting some article ; another State opens 
 
ANCESTORS WERE GUIDED, IN 1787, ; 88, '89. 75 
 
 wide the avenue for its admission. One Assembly makes a system, 
 another Assembly unmakes it. Virginia, in the very last session of her 
 Legislature, was about to pass some of the most extravagant and preposte- 
 rous edicts on the subject of trade that ever stained the leaves of a legis- 
 lative code. It is in vain to hope for a remedy of these, and innumerable 
 other evils, until a General Government shall be adopted. 
 
 " The Conventions of six States only have as yet accepted the new Con- 
 stitution. No one has rejected it. 
 
 " On the general merits of this proposed Constitution I wrote to you 
 some time ago my sentiments pretty freely.* . . Although it is not to 
 be expected that every individual in society will or can be brought to 
 agree upon what is exactly the best form of government, yet there are 
 many things in the Constitution which only need to be explained in 
 order to prove equally satisfactory to all parties For example, there was 
 not a member of the Convention, I believe, who had the least objection 
 to what is contended for by the advocates for a Bill of Rights, and Trial 
 by Jury. The first, where the people evidently retained everything which 
 tiiey did not in express terms give up, was considered nugatory ; as you 
 will find to have been more fully explained by Mr. Wilson and others; 
 and as to the second, it was only the difficulty of establishing a mode 
 which should not interfere with the fixed modes of any of the States, that 
 induced the Convention to leave it as a matter of future adjustment. 
 
 " There are other points on which opinions would be more likely to vary. 
 As, for instance, on the ineligibility of the same person for President, 
 after he should have served a certain course of years. Guarded so effect- 
 ually as the proposed Constitution is, in respect to the prevention of 
 bribery and undue influence in the choice of President, I confess 1 differ 
 widely myself from Mr. Jefferson and you, as to the expediency or 
 necessity of rotation in that appointment. The matter was fairly discussed 
 in the Convention, and to my full conviction ; though I caunot have time 
 or room to sum up the arguments in this letter. There cannot, in my 
 judgment, be the least danger that the President will, by any practicable 
 intrigue, ever be able to continue himself one moment in office, much 
 less to perpetuate himself in it, but in the last stage of corrupted morals 
 and political depravity ; and even then, there is as much danger that 
 any other species of domination would prevail. Though, when a people 
 shall have become incapable of governing themselves, and fit for a master, 
 it is of little consequence from what quarter he comes. Under an extended 
 view of this part of the subject, I can see no propriety in precluding our- 
 selves from the services of any man who, in some great emergency, shall 
 be deemed universally most capable of serving the public." \ 
 
 The Convention of New Hampshire adopted the Constitu- 
 tion, June 2lst, and that of Virginia, June 25th. 
 
 As has been shown, the Constitution had at length been 
 accepted and ratified by even a greater number of States 
 than, by its provisions, were required to give it legitimate 
 
 * See the letter of February 7, p. 73. 
 
 t In a letter to Lafayette, June 18th, General Washington said : — " In a letter I wrote 
 you a few days ago . . I gave you the state of politics to that period. Since which 
 the Convention of South Carolina has ratified the Constitution by a great majority. That 
 of this State has been sitting almost three weeks. . . It is probable the m ijority will 
 be small, let it fall on whichever part it may. I am inclined to believe it will be in 
 favor of the adoption. Tho Conventions of New York and New Hampshire both assem- 
 ble this week. A large proportion of the members, with the Governor at their head, in 
 the former, are said to be opposed to the Government in contemplation. New Hamp- 
 shire, it is thought, will adopt it without much hesitation or delay. It is a little strange 
 that the men of large property in tho South should bo more afraid that the Constitution 
 will produce an aristocracy or a monarchy, than tne genuine domocratical people of the 
 East. Such are our actual prospects. The accession of one State more will completo the 
 number which by the constitutional provision will be sufficient, in the first instance, to 
 oarry the Government into efibot." 
 
76 FACTS TO GUIDE AMERICANS AS THEIR 
 
 force and effect. It was thus rendered the established and 
 permanent form of Governaient, to be observed and obeyed 
 throughout those States. 
 
 In reference to that exceedingly important event, and to 
 other favorable indications about that time, General Wash- 
 ington, in a letter to General Lincoln, June 2dlh, wrote : — 
 " No one can rejoice more than I do, at every step the people 
 of this great country take to preserve the Union, to establish 
 good order and Government, and to render the Nation happy 
 at home and respectable abroad. No country upon earth 
 ever had it more in its power to attain these blessings than 
 United America. *' 
 
 It may be seen, however, that the prospect, which appeared 
 then so encouraging, was of short duration. 
 
 The indirect and secret course assumed by the opponents 
 of the Constitution, soon excited anxiety and solicitude 
 nearly or quite as intense as had been experienced before. 
 
 General Washington, to James McHenry, July Zlst, 1788. — " Dear Sir, ' 
 — . . lam less likely than almost any person to have been informed i»f the 
 circumstance to which you allude.* That some of the leading characters 
 among the opponents of the proposed Government have not laid aside their 
 ideas of obtaining great and essential changes, through a constitutional 
 opposition, as they term it, may be collected from their public speeches. 
 That others will use more secret and perhaps insidious means to prevent its 
 organization, may be presumed from their previous conduct on the subject. 
 . . The casual information received from visitants at my house would 
 lead me to expect that a considerable effort will be made to procure the 
 election of anti-federalists to the first Congress, in order to bring the 
 subject immediately before the State Legislatures, to open an extensive 
 correspondence between the minorities, for obtaining alterations, and, in 
 short, to undo all that has been done. 
 
 " It is reported that a respectable neighbor of mine has said the Consti- 
 tution cannot be carried into execution without great amendments. . . 
 I think there will be great reason for those who are well affected to the 
 Government, to use their utmost exertions that the worthiest citizens may 
 be appointed to the two Houses of the first Congress. . . For much will 
 doubtless depend on their prudence in conducting business at the begin- 
 ning, and reconciling discordant dispositions to a reasonable acquies- 
 cence with candid and honest measures. 
 
 *' 1 earnestly pray that the Omnipotent Being, who has not deserted the 
 cause of America in the hour of its extremest hazard, may never yield so 
 fair a heritage of freedom a prey to anarchy or despotism." 
 
 Same, to General Lincoln, August 2&lh, 1788. — " So far as I am able to 
 learn, federal principles are gaining ground considerably. . . I will, 
 however, just mention that there are suggestions that attempts will be 
 made to procure the election of a number of anti-feoVral characters to the 
 first Congress, in order to embarrass the details of Government, and pro- 
 duce premature alterations in its Constitution. . . It will be advisable, 
 I should think, for the federalists to be on their guard, so far as not to 
 suffer any secret machinations to prevail, without taking measures to frus- 
 trate them. . . I will confess, my apprehension is, that the New York 
 circular letter is intended to bring on a General Convention at too early 
 
 * " A concerted and organized combination among those opposed to the Constitution, 
 in different parts of the Union, with the view to suspend its operation, or deioat it aito- 
 gether" 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 77 
 
 a period, and, in short, by referring the subject to the Legislatures, to set 
 eveiything afloat again. I wish I maybe mistaken, in imagining that there 
 are persons who, upon finding they could not carry their point by an open 
 attack upon the Constitution, have some sinister designs, to be silently 
 effected, if possible. But I trust in that Providence, which has saved us 
 in six troubles, yea, in seven, to rescue us again from any imminent 
 though unseen dangers. Nothing, however, on our part, ought to be left 
 undone. I conceive it to be of unspeakable importance that whatever 
 there be of wisdom and prudence and patriotism on the Continent, 
 should be concentred in the public councils at the outset." 
 
 Same, to Colonel Hamilton, August 28M, 1788. — "Dear Sir, — I have 
 had the pleasure to receive your letter, dated the 13th, accompanied by 
 one to General Morgan. 
 
 "As the perusal of the political papers under the signature of Poblius 
 has afforded me great satisfaction, I shall certainly consider them as 
 claiming a most distinguished place in my library. I have read every 
 performance which has been printed, on one side and the other of the 
 great question lately agitated, so far as I have been able to obtain them ; 
 and, without an unmeaning compliment, I will say, that I have seen no 
 other so well calculated, in my judgment, to produce conviction on an 
 unbiassed mind, as the production of your triumvirate. When the tran- 
 sient circumstances and fugitive performances which attended this crisis 
 shall have disappeared, that work will merit the notice of posterity ; 
 because in it are candidly and ably discussed the principles of freedom 
 and the topics of Government, which will be always interesting to man- 
 kind so long os they shall be connected in civil society." 
 
 " The circular letter from your Convention, I presume, was the equiva- 
 lent by which you obtained an acquiescence in the proposed Constitution. 
 . . 1 am not very well satisfied with the tendency of it ; yet the federal 
 affairs have proceeded, with few exceptions, in so good a train, that I 
 hope the political machine may be put in motion, without much effort or 
 hazard of miscarrying.* 
 
 " On the delicate subject with which you conclude your letter I can say 
 nothing, because the event alluded to may never happen, and because . . 
 I would not wish to conceal my prevailing sentiment from you ; for you 
 know me well enough, my good sir, to be persuaded that 1 am not guilty 
 of affectation when I tell you, that it is my great and sole desire to live 
 and die in peace and retirement on my own farm. . . Still 1 hope 1 shall 
 always possess firmness and virtue enough to maintain what 1 consider 
 the most enviable of titles, the character of an honest man, as well as prove 
 what I desire to be considered in reality, that 
 
 I am, with great sincerity and esteem, dear sir, etc."f 
 
 General Washington, to Thomas Jefferson, Aug. 31st, 1788. — " The 
 merits and defects of the proposed Constitution have been largely and 
 ably discussed. . . I can say there are scarcely any of the amendments 
 which have been suggested to which I have much objection, except that 
 
 * Concerning the circular referred to, Mr. Madison wrote-. — "You will hare seen tha 
 circular letter from the Convention of this State [New York]. It has a pestilent ten- 
 dency. If an early General Convention cannot be parried, it is seriously to be feared, 
 that the System which has resisted so many direct attacks, may be at last successfully 
 undermined by its enemies " — New York. Aug. llth. 
 
 '* This circular letter was sent by the Convention of New York to the Legislatures of 
 the several States, recommending that a new General Convention should be called, for 
 ihe purpose of taking into consideration various amendments to the Constitution. 
 The Ass^mblj- of Virginia convened soon afterwards, and adopted strong Resolutions to 
 the same effect, and sent an application to Congress, and a circular letter to tue several 
 States, recommending another General Convention." 
 
 f From Colonel Hamilton's letter. — "I take it for granted, sir, you have concluded 
 to comply with what will undoubtedly be the general call of your country in relation to 
 the new Government. You will permit me to say, that it is indispensable you should 
 lend j ourself to its first operations. It is to little purpose to have introduced a System, 
 if the weightiest infiueuce is not given to its firm establishment in the outset."— 
 Awj. 13th. 
 
78 FACTS TO GUIDE AMERICANS AS THEIR 
 
 which goes to the prevention of direct taxation. And that, I presume, 
 will be more strenuously advocated and insisted upon hereafter titan any 
 other. I had indulged the expectation, that the new Government would 
 enable those entruste 1 with its administration, to do justice to the public 
 creditors and retrieve the national ehancter. But if no means are to be 
 employed bat requisitions, that expectation was vain, and we may as 
 well recur to the old Confederation. If the System can be put in oper- 
 ation without touching much the pockets of the people, perhaps it may 
 be done; but, in ray judgment, infinite circumspection and prudence are 
 yet necessary in the experiment. It is nearly impossible for any one who 
 has not been on the spot,* to conceive what the delicacy and danger of our 
 situation have been. Though the peril is not past entirely, thank God, 
 the prospect is somewhat brightening." 
 
 Same, to Henry Lee, in Congress, Sept. 22d, 1788. — "Your observations 
 on the solemnity of the crisis and its application to myself, bring before 
 me subjects of the mo6t momentous and interesting nature. f In our 
 endeavors to establish a new General Government, the contest, Nationally 
 considered, seems not to have been so much for glory as [for] existence. 
 It was for a long time doubtful whether we were to survive as an indepen- 
 dent Republic, or decline from our federal dignity into insignificant and 
 wretched fragments of an Empire. The adoption of the Constitution so 
 extensively, and with so liberal an acquiescence on the part of the minori- 
 ties in general, promised the former; until lately, the circular letter of 
 New York, carried, in my apprehension, an unfavorable, if not an insidious 
 tendency to a contrary policy. I still hope for the best ; but before you 
 mentioned it, I could not help fearing it would serve as a standard, to 
 which the disaffected might resort. It is now evidently the part of all 
 honest men, who are friends of the new Constitution, to endeavor to give 
 it a chance to disclose its merits and defects, by carrying it fairly into 
 effect in the first instance. For it is to be apprehended, that by an 
 attempt to obtain amendments before the experiment has been fairly made, 
 4 more is meant than meets the ear ; ' that an intention is concealed to 
 accomplish slily what could not have been done openly, — to undo all that 
 has been done. 
 
 If . . a kind of combination is forming to stifle the Government in 
 embryo, it is a hippy circumstance that the design has become suspected. 
 Preparations should be the sure attendant upon forewarning. Probably 
 prudence, wisdom, and patriotism, were never more essentially necessary 
 than at the present moment ; and so far as it can be done in an irre- 
 proachably direct manner, no effort ought to be left unassayed 'to procure 
 the election of the best possible characters to the new Congress. On their 
 harmony, deliberation, and decision, everything will depend. . . 
 
 " The principal topic of your letter is to me a point of great delicacy 
 indeed, insomuch that I can scarcely without impropriety touch upon it.f 
 
 * An expression he many times employed in the Revolutionary war, with reference 
 to the pressing exigencies proceeding from a similar cause. 
 
 t From Colonel Lee's letter.— "My dear General, — At length the new Government 
 has received the- last act necessary to its existence This day Congress passed the requi- 
 site previous arrangements. The first Wednesday in January tho ratifying States are 
 to appoint Electors; on the first Wednesday in February the President is to be chosen ; 
 and the first Wednesday in March is the time, and this city [New York] the place, for 
 
 commencing proceedings The solemnity of tho moment, and its application 
 
 to yourself, has fixed my mind in contemplations of a public and personal nature; and 
 I feel an involuntary impulse which I cannot resist, of communicating without reserve 
 to you some of the reflections which tho hour has produced. Solicitous for our common 
 happiness as a people, and convinced, as I continuo to be, that our peace and prosperity 
 depend on tho proper improvement of tho present period, my anxiety is extremo that 
 tho new Government may have an auspicious beginning. To effect thi?, and to perpet- 
 uate a Nation formed under your auspices, it is certain thai; again you will be called 
 foith. . . The new Government . . must encounter . many difficulties. Tho obstacles 
 to its harmonious progress wi 1 ! receive additional weight and inlluenca from tho active 
 and enterprising characters, wh) continue to, inflame the passions and systematize tho 
 measures of opposition. Tho circular letter from this btate [New York], seems to be 
 tho standard to which tho various minorities will repair • and, if they should succeed 
 in bringing quickly into action the objects of that letter, new and serious difficulties 
 must arise which Will cross and may destroy the Government in its infancy." — New 
 York, Sept. lOtk. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 79 
 
 • . You are among the small number of those who know my invincible 
 attachment to domestic life, and that my Bincerest wish is, to continue in 
 the enjoyment of it solely until my final hour. . . Now justice to 
 myself and tranquillity of conscience require, that I should act a part, if 
 not above imputation, at least capable of vindication. . . 
 
 " While doing what my conscience informed me was right, as it re- 
 spected my God, my country, and myself, I could despise all the party 
 clamor and unjust censure, which might be expected from some, whose 
 
 Fersonal enmity might be occasioned by their hostility to the Government, 
 am concious that I fear alone to give any real occasion for obloquy, and 
 that I do not dread to meet with unmerited reproach. And certain I am, 
 whensoever I shall be convinced the good of my country requires my repu- 
 tation to be put in risk, regard for my own fame will not come in compe- 
 tition with an object of so much magnitude. . . To say more would be 
 indiscreet. . . You will perceive, my dear Sir, . . that my inclinations 
 will dispose and decide me to remain as I am, unless a clear and insur- 
 mountable conviction should be impressed on my mind, that some very 
 disagreeable consequences must, in all human probability, result from 
 the indulgence of my wishes." 
 
 Same, to Colonel Hamilton, Oct. 3d, 1788. — "In acknowledging the 
 receipt of your candid and kind letter by the last post, little more is 
 incumbent upon me than to thank you sincerely for the frankness with 
 which you communicated your sentiments, and to assure you that the 
 same manly tone of intercourse will always be more than barely welcome ; 
 indeed, it will be highly acceptable to me. 1 am particularly glad in the 
 present instance, that you have dealt thus freely and like a friend.* . . 
 Situated as I am, I could hardly bring the question into the slightest 
 discussion, or ask an opinion even in the most confidential manner, with- 
 out betraying, in my judgment, some impropriety of conduct- . . Now, 
 if I am not grossly deceived in myself, I should unfeignedly rejoice in 
 case the Electors, by giving their votes in favor of some other person, 
 would save me from the dreadful dilemma of being forced to accept or 
 refuse. 
 
 " If that may not be, . . I am truly solicitous to obtain all the 
 previous information, which the circumstances will afford, and to deter- 
 mine (when the determination can with propriety be no longer postponed) 
 according to the principles of right reason and the dictates of a clear 
 conscience, without too great a reference to the unforeseen consequences 
 which may affect my person or reputation. Until that period, I may 
 fairly hold myself open to conviction ; though I allow your sentiments to 
 have weight in them, and I shall not pass by your arguments without 
 giving them as dispassionate a consideration as I can possibly bestow. . . 
 
 " You will, I am well assured, believe the assertion, though 1 have little 
 expectation it would gain credit from those who are less acquainted with 
 me, that, if I should receive the appointment, and if I should be prevailed 
 upon to accept it, the acceptance would be attended with more diffi- 
 dence and reluctance than I ever experienced before in my life. . . 
 
 * Referring to the reply of Colonel Hamilton to remarks in General Washington's 
 preceding letter of Aug, 23th, p. 77. The following is an abstract of that reply : — "I 
 should be deeply pained, my dear Sir, if your scruples in regard to a cert ; in station 
 should be matured into a resolution to decline it. . . It cannot bo considered as a com- 
 
 gliment,to say that on your acceptance of the office of President, the success of the new 
 overnment in its commencement may materially depend. Your agency and influence 
 will be not less important in preserving it from future attacks of its enomies, th;m they 
 have been in recommending it in the first instance to tho adoption of the peoplo. . . In 
 a matter so ess3ntial to the well-being of society, as the prosparlly of a nowly institu'ed 
 Government, a citizen of so much consequence as yourself to its success, has no option 
 but to lend his servicos if called for. . . Your signature to tho proposed System pledges 
 your judgment for its being such an ono as upon tho whole was worthy of tho public 
 approbation. If it should miscarry (as men commonly decide from success or tho want 
 
 of it), the blamo will in all probability bo laid upon tho System itself 
 
 " I will only add, that in my estimate of tho matter, that [your] aid is indispensable. 
 . . I flatter myself tho frankness with which I havo delivered myself will not be dis- 
 pleasing to you. It has been prompted by motives which you would not disapprove:" 
 
80 FACTS TO GUIDE AMERICANS AS THEIR 
 
 " Bit why these anticipations? If the friends to the Constitution con- 
 ceive that my Jidministering it will be the means of its acceleration and 
 strength, is it improbable that the adversaries of it m iy not ent rtain 
 the same iJeas, and of course make it an object of opposition? That many 
 of this description will become Electors, I can have no doubt, any more than 
 that their opposition will extend to any character, who, from whatever 
 cause, would be likely to thwart their measures. It might be in politic 
 in them to make this declaration previous to the election ; but I shall be 
 out in my c >njectures if they do not act conformably thereto, and, if 
 the seeding moderation, by which they appear to be accuated at present, 
 is either more or less than a finesse to luli and deceive. Their plan of 
 operations is systematized, and a regular intercourse, I have much reason 
 to believe, between the leaders of it in the several States, is formed to 
 render it more effectual." * 
 
 Ghneral Washington, to General Lincoln, Oct. 267A, 1788. — "As the 
 period is now rapidly approaching, which must decide the fate of the new 
 Constitution,- . . it is not wonderful that we should all feel an unusual 
 degree of anxiety on the occasion. I must acknowledge my fears have 
 been greatly alarmed, but still I am not without hopes. IVim the tiood 
 beginning that has been made in Pennsylvania, a State from which much 
 was to be feared, I cannot help anticipating well of the others. Tint is 
 to say, V flatter myself a majority of them will appoint federal members 
 to the several branches of the new Government. . . There will, how- 
 ever, be no reason for the advocates of the Constitution to relax in their 
 exertions; for, if they should be lulled into security, appointments of 
 anti-federal men may probably take place, and the consequences, which 
 you so justly dread, be realised. . . Perhaps as much opposition, or, in 
 other words, as great an effort for early amendments, is to be apprehended 
 from this ctate as from any but New York 
 
 " I would willingly pass over in silence that part of your letter in 
 which you mention the persons who are candidates for the two tirst offices 
 in the Executive, if I did not fear the omission might seem to betray a 
 want of confidence. Motives of delicacy have prevented me hitherto from 
 conversing or writing on the subject, whenever I could avoid it with 
 decency. . . 1 must reserve to myself the right of making up my final 
 decision at the last moment, when it can be brought into one view, and 
 when the expediency or inexpediency of a refusal can be more judiciously 
 
 determined than at present If, after all, I should conceive 
 
 myselr in a manner constrained to accept, I call Heaven to witness, that 
 this very act would be the greatest sacrifice of my personal feelings aid 
 wishes, that ever 1 have been called upon to make. It would be to forego 
 repose and domestic enjoyment, for trouble, perhaps for public obloquy ; 
 for 1 should consider myself as entering upon an unexplored field, envel- 
 oped on every side with clouds and darkness." f 
 
 * To this letter, also, Colonel H^mi'ton replied. The following extract from his 
 reply indicates no change in his sentiments respecting the main point of the discus-ion: 
 — ''I feel a conviction that you will finally see your acceptance to be indispensable. 
 It is no c -mpliment to say, tint no other man can sufficiently unite the public opinion, 
 or can give the requisite weight to tho office in the commencement of tho Government. 
 These considerations appear to me of themselves decisive. I am not sure that your 
 refusal would not throw everything into confusion. I am sure it would have the worst 
 effect imaginable. Indeed, as I hinted in a former letter, I think circumstances leave 
 no option." 
 
 f From General Lincoln's letter, — "The information which your Excellency has 
 received respecting the machinations of the anti-federal characters, appears, from what 
 circulates in this p irt of the country, but too well founded. I have no doubt but every 
 exertion will be made to introduce into the new (Jovernment, in the first instance, 
 characters unfriendly to those parts of it, which, in my opinion, are its brightest orna- 
 imnts and its most pr.ecious jtwels. To this they will be induced . . first, with a view 
 totally to change the nature of the Government immediately. But, should they fail of 
 that, tbey will then have it in their power to introduce into all the important offices in 
 Government, men of their own sentiments ; so that in a short tnno. by their influence, 
 they may bring about that change, which cannot at first or in any other way be effected 
 by them. . . There novor was an instance, when it cmld have been more necessary 
 to call into exercise tho wisdom, the prudence, and the patriotism, of the United States, 
 
1 1 
 
 ANCESTORS WERE GUIDED, IN 1787, '88, '89. 81 
 
 General Washington, to TVilltam Gordon, in England, Dec. 23rf, 1788. 
 — " The prospect, that a good General Government will, in all human 
 probability, be s>on established in America, affords me more substantial 
 satisfaction than I have ever before derived from any political event ; 
 because there is a rational ground for believing, that not only the happi- 
 ness of my own countrymen, but that of mankind in general, will be pro- 
 moted by it." 
 
 Same, to the Marquis de Lafayette, Jan. 2Qth, 1789. — " The last 
 letter, which I had the pleasure of writing to you, was forwarded by Mr. 
 Gouverneur Morris.* Since his departure from America, . . the minds 
 of men have not been in a stagnant state ; but patriotism, instead of 
 faction, has generally agitated them. . . The choice of Senators, 
 Representatives, and Electors, which, excepting that of the last descrip- 
 tion, took place at different times in the different States, has afforded 
 abundant topics for domestic news since the beginning; of Autumn. . As I 
 imagine you see most of the several particulars detailed in the American 
 Gazettes, I will content myself with only saying, that the elections have 
 been hitherto vastly more favorable than we could have expected ; that 
 federal sentiments seem to be growing with uncommon rapidity, and that 
 this increasing unanimity is not less indicative of the good disposition 
 than of the good sense of the Americans. Did it not savor so much of 
 partiality for my countrymen, 1 might add, that I cannot help flattering 
 myself, that the new.Congress, on account of the self-created respecta- 
 bility and various talents of its members, will not be inferior to any 
 Assembly in the world. From these, and some other circumstances, I 
 really entertain greater hopes that America will not finally disappoint 
 the expectations of her friends, than I have at almost any former period. 
 
 than it will be in the important transactions of appointing the Executive and Legislative 
 brandies of the new Government. For the first impression made therein will probably 
 give a tone to all future measures. 
 
 u We are happv here in finding it to be the unanimous voice of this rising Empire, 
 that your Excellency, who has so just a claim to the merit of its establishment, should 
 now take it under your pr -tection. The share you hold in the affections of the people, 
 and the unlimited confidence they place in your integrity and judgment, give you an 
 elevated stand among them, which no other man can or probably ever will command. 
 These things must insure to you all which a susceptible mind can wLm, — a power of pro- 
 moting in the highest degree the happiness of a virtuous and enlightened country. 
 
 " But will not these verj' important considerations alarm those anti-federal characters 
 before mentioned? . . .We must expect, and we should be guarded in every point 
 to prevent, the influence of the intrigues and combinations of those, who wish to see 
 every thing again afloat. They will endeavor, as one of the most probable means by 
 which they may effect their purpose, to prevont your acceptance of the Presidency, 
 your election they cannot hinder 
 
 " I have, my dear General, thus freely written from the fullest conviction of duty, 
 and in perfect confidence in your Excellency. I feel myself exceeding^ interested to 
 see such a Government, as we want and need, established without loss of time, , . I 
 hope yet to live an I enjoy the blessings of it. . . I wish to see a Government in 
 existence, and properly administered, that I may not suffer the sad mortification, which 
 would take place, if, after all the toils, danger.', andsufferings of a longand distressingwar, 
 prosecuted for the purpose of warding off an impending blow, and of establishing our 
 country in those rights to which it was justly entitled, the people should, from any 
 conduct of theirs, lose those blessings, to secure which, was the sole end of the important 
 struggle." 
 
 * It is doubtless recollected that Mr. Morris was one of the most active and influential 
 members of the Convention. In the prosecution of business engagements with Robert 
 Morris he embarked on board a vessel for France, Dec. 18£A, 178S, and was absent from 
 the United States ten years. In a letter to him, Nov. 23fA, prior to his departure for 
 France, General Washington wrote, in reference to one previously received from Mr. 
 Morris, — "As to what you hint respecting myself, towards the close of your letter, 
 I have really but little leisure or inclination to enter on the discussion of a subject so 
 unpleasant to me." 
 
 Mr. Morris rejoined, — " On the subject which has closed both your letter and mine, 
 I feel too much not to say something. 1 have ever thought and said, that you must be 
 President. No other man can fill that office. No other man can draw forth the abilities 
 of our coun'ry into the various departments of civil life. You alone can awe the inso- 
 lence of opposing factions, and the greater insolence of assuming adherents. , . You 
 will becomo the father of more than three millions of children; and while your bosom 
 glows with parental tenderness, in t/ieirs, or at least a majority of them, you will excite 
 the duteous sentiments of filial affection. . . I form my conclusions from those talents 
 and virtues, whioh the world believes, and your friends know you possess," —Philadelphia, 
 Dec. 6th. 
 
82 PACTS TO GUIDE AMERICANS, AS THEIR 
 
 Still, however, in such a fickle state of existence I would not be too 
 sanguine. . . lest some unforeseen mischance or perverseness should 
 occasion the greater mortification, by blasting the enjoyment in the very 
 bud. 
 
 " I can say little or nothing new, in consequence of the repetition of 
 your opinion, on the expediency there will be for my accepting the office 
 to which you refer. Your sentiments, indeed, coincide much more nearly 
 with those of my other friends than with my own feelings.* . . Should 
 circumstances render it, in a manner, inevitably necessary, . be assured, 
 my dear Sir, I shall assume the task with the most unfeigned reluctance, 
 and with a real diffidence, for which 1 shall probably receive no credit 
 from the world. If I know my own heart, nothing short of a conviction 
 of duty will induce me again to take an active part in public affairs ; and 
 in that case, if I can form a plan for my own conduct, my endeavors shall 
 be unremittingly exerted, even at the hazard of former fame or present 
 popularity, to extricate my country from the embarrassments in which it 
 is entangled ; . . and to establish a general system of policy, which, 
 if pursued, will ensure permanent felicity to the Commonwealth. 1 think 
 I see a path as clear and as direct as a ray of light, which leads to the 
 attainment of that object. Nothing but harmony, honesty, industry, and 
 frugality, are necessary to make us a great and happy people. Happily, 
 the present posture of affairs, and the prevailing disposition of my 
 countrymen, promise to co-operate in establishing thoBe four great and 
 essential pillars of public felicity. 
 
 " While you are quarrelling among yourselves in Europe ; while one 
 king is running mad, and others acting as if they were already so, by 
 cutting the throats of the subjects of their neighbors ; I think you need 
 not doubt, my dear Marquis, that we shall continue in tranquillity here, 
 and that population will be progressive, so long as there shall continue 
 to be so many easy means for obtaining a subsistence, and so ample a 
 field for the exertion of talents and industry." 
 
 To Count de Rochambeau, he wrote, on the same day, — M We are on 
 the point of seeing the completion of the new Government, which, by 
 giving motives to labor, and security to property, cannot fail to augment, 
 beyond all former example, the capital stock, that is to say, the aggregate 
 amount of property in the country. I speak with the more confidence, 
 because so many of the elections of Senators and Representatives to Con- 
 gress are already made, that there is the best reason to believe the wisdom, 
 the patriotism, and the virtue, of America will be conspicuously concen- 
 tred in that body." 
 
 As would seem, no intelligent reader of the last preceding 
 thirteen pages, could fail to believe that the emphatic expres- 
 sions of increased hope and confidence in the last three extracts, 
 were prompted by the apparent success of the earnest and 
 indefatigable endeavors of the wisest patriots to secure a fair 
 trial of the Constitution, in the same form and condition iu 
 which it was sent to Congress by the Convention. 
 
 * All public men, who enjoyed opportunities for sufficiently extended observation 
 and experience, appear to have coincided in the opiuion, that as an object of political 
 necessity, General Washington must be the first President. Dr. Franklin, the most emi- 
 nent among them, in a letter, June 8tk, 1788, wrote,— " General Washington is the man 
 that all our eyes are fixed on for President, and what little influence I may have is 
 devoted to him." 
 
 Governor Johnson, of Maryland, wrote, Oct. lOtk, — " We cannot, Sir, do without you; 
 and I and thousands more can explain to anybody but yourself why we cannot do with- 
 out you." 
 
 In consequence of the omission in the appropriate place, page 78, where Colonel 
 Lee's name occurs, it seems due to truth to mention that he did not belong to the 
 class of Lees referred to, page 72; but was distinguished for his efficient services 
 as a cavalry officer during the Revolutionary war, and was a steadfast friend of the 
 Constitution and of the policy of Washington. — Editob. 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 83 
 
 COMMENCEMENT OP THE NEW GOVERNMENT. 
 
 The commencement of a new Government, instituted 
 
 BY AND FOR AN INTELLIGENT, A FREE, AND PROSPECTIVELY A 
 
 great and happy people, was an event of such magnitude, 
 and so obviously of immeasurable, — of absolutely vital interest 
 and consequence to the whole and every part of the Nation, 
 that some important facts, viewed in their connection with 
 it, afford another illustration of the degenerate and relaxed 
 state to which, as has been repeatedly shown, public sentiment 
 had at that period been reduced. Concerning those facts, an 
 opinion may be derived from the following description in the 
 language of the late Chief Justice Marshall : — * 
 
 <4 The impotence of the late Government [the Confederation], added to 
 the dilatoriness inseparable from its perplexed mode of proceeding on the 
 public business, and to its continu-ed session, had produced among the 
 members of Congress such an habitual disregard of punctuality in their 
 attendance on that body, that, although the new Government was to com- 
 mence its operations on the 4/ A of March, 1789, a House of Representa- 
 tives was not formed until the first, nor a Senate until the sixth, day of 
 April. 
 
 " The ceremonies of inauguration having been adjusted by Congress, the 
 President attended in the Senate-chamber on the 30th of April, in order 
 to take, in the presence of both Houses, the oath prescribed by the Con- 
 stitution. 
 
 • " Having taken it in the view of an immense concourse of people, he 
 delivered the address. ' ' 
 
 Whether or not the favorable results anticipated by Gen- 
 eral Washington, and by a majority of his countrymen, were 
 realized from the operations of the new Government un- 
 der his administration, may be inferred from the following 
 extracts : — 
 
 In a letter to Gocverneur Morris, Oct. 13M, 1789, President Washington 
 wrote : — " That the national Government is organized, and, as far as my 
 information goes, to the satisfaction of all parties ; that opposition is 
 either no more, or hides its head ; that it is hoped and expected it will 
 take strong root, and that the non-acceding States [North Carolina and 
 Rhode Island] will very soon become members of the Union." 
 
 In Mr. Morris's Reply, dated Paris, Jan. 24th, 1790, he wrote : — "It 
 gave me very sincere pleasure to learn fiom you the good tidings, which 
 \ou communicated respecting our new form of Government. . . I have 
 from time to time received very great pleasure, at the development of its 
 
 * Marshall's Washington, in two volumes, vol. 2, pp. 138, 146. 
 
 A? nearly all the extracts from letters of Washington, have heon taken from his 
 Writings In twelve volumes, edited by the late Dr. Sparks, their several places are 
 indicated by their dates. 
 
 Likewieo th.»so, from Mr. Jefferson's letters in his Works in four volumes, are indicated 
 in the tamo manner. 
 
84 
 
 Erinciples by the Legislature, which in my opinion does thera the greatest 
 onor. They have far, very far, outgone ray expectations, and even c >me 
 up, not only to my hopes, but to my very wishes. . . I hope in God, 
 my dear Sir, that you will long continue to preside, and that not on'y 
 you, but all who succeed y >u, may be assisted by counsellors as able and 
 honest, as those who now fill the different seats in Congress. The prospect 
 of public felicity, which must be toe result - ,, fills my bosom with delight. 
 
 my country, how happy ! ddst thou but know thy blessedness." 
 President Washingt >n,to Mrs. Catharine MacaulaY Graham, Jan. 9th, 
 
 1700. — " If, after all my humble but faithful endeavors to advance the 
 felicity of my country and mankind, I may indulge a hope, that my 
 labors have not been altogether without succoss, it will be the only real 
 compensation I can receive in the closing scenes of life. 
 
 " On the actual situation of this country under its new Government, I 
 will make a few remarks. That the Government, though not actually 
 perfect, is one of the best in the world, I have little doubt. ... It 
 was indeed next to a miracle, that there should have been so much una- 
 nimity in points of so greit importance among such a number of citizens, 
 bo widely scattered, and so different in their habits in many respects, as 
 the Americans were. Nor are the growing unanimity and increasing good 
 will of the citizens to the Government less remarkable, than [those] 
 favorable circumstances. • 
 
 " So far as we have gone with the new Government (and it is completely 
 organized and in operation), we have had greater reason than the mo-t 
 sanguine could expect, to be satisfied with its success. The increase of 
 commerce is visible in every port, and .the number of new manufactures 
 introduced in one year is astonishing. I have larely made a tour through 
 the Eastern States. I found the country in a great "decree recovered fro n 
 the ravages of the war ; the towns flourishing, and the people delighted 
 with a Government instituted by themselves, and for their own good. The 
 eame facts, I have also reason to believe from good authority, exist in the 
 Southern States. 
 
 44 By what 1 have just observed, I think you will be persuaded that the 
 ill-boding politicians, who prognosticated that America never would enjoy 
 any fruits from her Independence, and that she would be obliged to 
 have recourse to foreign power for protection, have at least been mistaken. 
 
 1 shall sincerely rejoice to see, that the, American Revolution has been 
 productive of happy consequences on both sides of the Atlantic." 
 
 Same, to Charles Pinckney, of S.C., Jan. 11//*, 1790. — " My late tour 
 through the Eastern States has been of salutary consequence iri confirming 
 my health. I have likewise had an opportunity of seeing how lar the 
 c ountry has recovered from the ravages of the war, and how well the 
 inhabitants are disposed to support the General Government." 
 
 Same, to the Marquis de la Luzerne, April 29th, 1790. — "I am much 
 pleased with the interest you take in our national reputation ; nnd the 
 information you give, that our credit is becoming respectable in Europe, 
 under the influence of our new Government." 
 
 Same, to the Marquis de Lafayette, June 3d, 1790. — " You have 
 doubtless been informed, from time to time, of the happy progress of our 
 affairs. The principal difficulties which oppose themselves in any shape 
 to the prosperous execution of our Government, seem in a great measure to 
 have been surmounted. A goo<l temper prevails among our citizens. . . 
 
 "Our Government is now happily came 1 into operation. Although botdtj 
 thorny questions still remain, it is to be hope 1 that the wisdom of thfy*n 
 concerned in the national Legislature will dispose of them prudently. A 
 funding system is one of the subjects which occasions most anxiety nnd 
 perplexity. Yet our revenues have been considerably more productive 
 than it wis imagined they woi I d be . . Our trade to she East Iiuii s 
 flourishes. The profits to individuals are so considerable as to induce more 
 persons to engage in it continually." 
 
ANCESTORS WERE GUIDED, IN 1787, '88, '89. 85 
 
 Same, to David Stewart, June \5th, 1790. — " Our reputation has risen in 
 every part of the globe ; and our credit, especially in Holland, where our 
 funds are above par. lias got higher than that of any nation in Europe, as 
 appears by official advices just received." * 
 
 Same, to Thomas Marshall [of Kentucky], Feb. 6th, 1791. — "I never 
 doubted that the operations of this Government, if not perverted by 
 prejudice or evil designs, would inspire the citizens of America with such 
 confidence in it, as effectually to do away those apprehensions, which, 
 under the former, our best men entertained of divisions among ourselves, 
 or allurements from other nations. I am therefore happy to find that such 
 a disposition prevails in your part of the country, as to remove any idea 
 of that evil, which a few years ago you so much dreaded." 
 
 Same, to the Marquis de Lafayette, March 19th, 1791. — " Our country, 
 my dear Sir (and it is truly yours), is fast advancing in its political im- 
 portance and social happiness. . . The laws of the United States, adapted 
 to the public exigencies, are framed with wisdom, and acquiesced in with 
 cheei fulness. The administration of them, aided by the affectionate par- 
 tiality of my countrymen, is attended with no unnecessary inconvenience, 
 and every circumstance is auspicious to your fellow-citizens in this section 
 of the globe." 
 
 Same, to Mrs. Catharine Macaulat Graham,| July 19th, 1791. — " I shall 
 only further add, what I know will give you pleasure, that the United 
 States enjoy a scene of prosperity and tranquillity under the new Govern- 
 ment, that Gould hardly have been hoped for under the old ; and that, 
 while you, in Europe, are troubled with war and rumors of war, every one 
 here ujay bit under his own vine, and none to molest or make him afraid." 
 
 Same, to David Humphreys, July 20th, 1791. — " Each day's experience 
 of the Government, of the Unrted States seems to confirm its establishment, 
 and to render it more popular. A ready acquiescence in the laws made 
 under it, si.ows in u strong light the confidence which the people have in 
 their Representatives, and in the upright views of those who administer 
 the Government. . . Our public credit stands on that ground, which 
 three years a^o it would have been a species of madness to have foretold. 
 The astonishing rapidity with which the newly instituted bank was 
 filled, gives an unexampled proof of the resources of our countrymen, and 
 their confidence in public measures. On the first day of opening the 
 subscription, the whole number of shares (twenty thousand) were taken 
 up in one hour, an 1 application made for upwards of four thousand more 
 than were granted by the institution, besides many others that were coming 
 in from different quarters." J 
 
 Same, to the Marquis de Lafayette, July 28th, 1791. — " On the sixth of 
 this month I returned from a tour through the Southern States. . . In 
 the course of this journey, 1 have been highly gratified in observing the 
 flourishing state of the country, and the good dispositions of the people. 
 Industry and economy have become very fashionable in those parts, which 
 were formerly noted for the opposite qualities. The attachment of all 
 classes of citizens to the General Government seems to be a pleasing 
 pres ge of th< ir future happiness and respectability- 
 
 " The complete establishment of our puMic credit is a strong mark of 
 the confidence of the people, in the virtue of their Representatives, and the 
 
 * Previous to the new Government, claims against the United States had depreciated 
 
 to one oightli of their nominal value. 
 
 t This letter was not received by Mrs. Graham. Sho died, June 22nd, 1791. 
 
 tile wrote to Count de Moustier, Sept. 5th.— ''The favorable sentiments which you 
 express of our eou itry and its councils are very agroeablo to me. 
 
 " You will learn with pleasure, that events have realized tho most sanguine hopesof 
 Mfjotia/ 1 prosperity. Tho imiuoncoof tho General Government has extended to every 
 ♦elation oi political improvement, and to the promotion of our social happiness." 
 
86 PACTS TO GUIDE AMEBIC ANS, ETC. 
 
 wisdom of their measures. . . This contrast between the situation of 
 the people of the United States and those of Europe, is too striking to be 
 passed over, even by the most superficial observer. . . But we do not 
 wish to be the only people, who may taste the sweets of an equal and good 
 Government. We look with an anxious eye to the time when happiness 
 and tranquillity shall prevail in your country, and when all Europe shall 
 be freed from commotions, tumults and alarms." 
 
 Same, to Gouverneur Morris, July 28th, 1791. — "Dear Sir, — The 
 communications ia your several letters, relative to the state of affairs in 
 Europe, are very gratefully received. . . 
 
 ** The change of systems, which have so long prevailed in Europe, will 
 undoubtedly affect us in a degree proportioned to oar political or commer- 
 cial connections with the several nations of it. . . The present moment 
 seems pregnant with great events. . . That a change there will be 
 favorable to this country, I have no doubt. For under the former system 
 we were seen either in the distresses of war, or viewed after the peaee in a 
 most unfavorable light through the medium of our distracted state. In 
 neither point could we appear of much consequence among nations. . . 
 A change of system will open a new view of things, and we shall then 
 burst upon them, as it were, with redouiled advantages. . . 
 
 44 In my late tour through the Southern States, I experienced great 
 satisfaction in seeing the good effects of the General Government in that 
 part of the Union. The people at large have felt the security which it 
 gives, and the equal justice which it administers to them. The farmer, 
 the merchant, and the mechanic, have seen their several interests attended 
 to, and thence they unite in placing a confidence in their Representatives, 
 as well as in those in whose hands the execution of the laws is placed. 
 Industry has there taken place of idleness, and economy, of dissipation. 
 . . The establishment of public credit is an immense point gained in 
 our national concerns. This, I believe, exceeds the expectation of the most 
 sanguine among us." 
 
 Same, to the Marquis de Lafayette, June 10M, 1792. — " The affairs 
 of the United States still go on in a prosperous train. We increase daily 
 in numbers and riches, and the people are blessed with the enjoyment of 
 those rights, which alone can give security and happiness to a Nation." 
 
 After seeing how essential interests are affected by the nature 
 of a Government resting on the Ballot, who can doubt the need 
 of regarding the distinctive nature of that system of Government 
 called the Confederation, whose results are shown in pp. 11-14, 
 and often declared in the Convention, and of then noticing the 
 perfect contrast between those results and the true developments 
 from the unperverted operations of the new System called the 
 Constitution, as these developments are seen through the extracts 
 in pp. 83-86 ? 
 
 If any one, who has learned these opposite lessons from the 
 Fathers, will add the teachings derivable from his past and 
 present observations of public affairs, and from the contents of the 
 pages in this Work complete, he may be able to judge with much 
 confidence, whether there is now, or ever has been since the 
 beginning of the Union, as strong a tendency to a possibly 
 dangerous consolidation, as to a probably entire and final destruc- 
 tion of all the great interests, and consequently of the long-cherished 
 hopes and expectations, of United America. In this connection is 
 suggested the Inquiiy, — By whose agencies and influences was 
 National Liberty gained, and, afterward, so far regulated and 
 secured as to have been defended and preserved to the present time 1 
 
tf 
 
 14 DAY USE 
 
 RETURN TO DESK FROM WHICH BORROWED 
 
 LOAN DEPT. 
 
 This book is due on the last date stamped below, or 
 
 on the date to which renewed. 
 
 Renewed books are subject to immediate recall. 
 
 *? 
 
 «* 
 
 «&. 
 
 RECD UO 
 
 NOV 1 4 " ;r 
 
 4«ar'e2WA 
 
 R£CD LP 
 
 LIB 
 
 JUI 
 
 H3 2 G 1952 
 
 ^ — 0ct6.1>2nF 
 REC'D LD 
 
 R 22 186? 
 
 LD 2lA-50m-8.'61 
 (Cl795sl0)476B 
 
 General Library 
 
 University of California 
 
 Berkeley 
 
 U 
 
y 089, 
 
 34