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- Herausgeber: Musaicum Books
- Kategorie: Fachliteratur
- Sprache: Englisch
- Veröffentlichungsjahr: 2018
The anthology 'The Formation & Evolution of the American Constitution' presents a nuanced exploration of one of the most pivotal legal documents in world history. This collection traverses a broad spectrum of literary styles, from the analytical and scholarly to the passionately polemic, providing a wide lens through which the evolution of American democratic ideals and practical governance is viewed. Key essays detail significant moments and controversial amendments, offering a vivid tableau of the socio-political shifts that have shaped the U.S. Constitution over time. The collection stands as a testament to the dynamic and ongoing dialogue necessary for national growth and fidelity to the principles of liberty and justice. In compiling this volume, editors and contributors like James Madison, U.S. Congress, and the Center for Legislative Archives, along with legal scholar Helen M. Campbell, bring a rich array of professional insights and historical contexts. Their collective backgrounds—a blend of foundational political thought, legislative expertise, and constitutional scholarship—anchor the anthology firmly within significant historical and cultural movements. The diverse array of perspectives allows for a comprehensive understanding of the constitutional landscape, cementing the anthology's value as both academic resource and reflective exploration. The Formation & Evolution of the American Constitution' is an essential volume for anyone interested in the complexities of constitutional law, the intricacies of American political evolution, or the art of governance itself. Readers will benefit from the scholarly precision and deep analytical narratives that illuminate how a living document has moved through successive stages of redefinition and reaffirmation. This book not only educates but deeply enriches the understanding of what it means to engage with the enduring framework that continues to shape American society and its values.
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The Formation & Evolution of the American Constitution
Creating the Constitution
The Journal of the Debates in the Convention Which Framed the Constitution of the United States: Volume 1&2
The Journal of the Debates in the Convention Which Framed the Constitution of the United States (Vol. 1)
The Records of the Constitutional Convention
James Madison's contemporaries generally conceded that he was the leading statesman in the convention which framed the Constitution of the United States; but in addition to this he kept a record of the proceedings of the convention which outranks in importance all the other writings of the founders of the American Republic. He is thus identified, as no other man is, with the making of the Constitution and the correct interpretation of the intentions of the makers. His is the only continuous record of the proceedings of the convention. He took a seat immediately in front of the presiding officer, among the members, and took down every speech or motion as it was made, using abbreviations of his own and immediately afterwards transcribing his notes when he returned to his lodgings. A few motions only escaped him and of important speeches he omitted none. The proceedings were ordered to be kept secret, but his self-imposed task of reporter had the unofficial sanction of the convention. Alexander Hamilton corrected slightly Madison's report of his great speech and handed him his plan of government to copy. The same thing was done with Benjamin Franklin's speeches, which were written out by Franklin and read by his colleague Wilson, the fatigue of delivery being too great for the aged Franklin, and Madison also copied the Patterson plan. Edmund Randolph wrote out for him his opening speech from his notes two years after the convention adjourned.1
In the years after the convention Madison made a few alterations and additions in his journal, with the result that in parts there is much interlineation and erasure, but after patient study the meaning is always perfectly clear. Three different styles of Madison's own penmanship at different periods of his life appear in the journal, one being that of his old age within five years of his death. In this hand appears the following note at the end of the journal: "The few alterations and corrections made in the debates which are not in my handwriting were dictated by me and made in my presence by John C. Payne."2 The rare occasions where Payne's penmanship is distinguishable are indicated in the notes to this edition.
The importance attached by Madison to his record is shown by the terms of his will, dated April 15, 1835, fourteen months before his death:
"I give all my personal estate ornamental as well as useful, except as herein after otherwise given, to my dear Wife; and I also give to her all my manuscript papers, having entire confidence in her discreet and proper use of them, but subject to the qualification in the succeeding clause. Considering the peculiarity and magnitude of the occasion which produced the Convention at Philadelphia in 1787, the Characters who composed it, the Constitution which resulted from their deliberations, its effects during a trial of so many years on the prosperity of the people living under it, and the interest it has inspired among the friends of free Government, it is not an unreasonable inference that a careful and extended report of the proceedings and discussions of that body, which were with closed doors, by a member who was constant in his attendance, will be particularly gratifying to the people of the United States, and to all who take an interest in the progress of political science and the course of true liberty. It is my desire that the Report as made by me should be published under her authority and direction."3
This desire was never consummated, for Mrs. Madison's friends advised her that she could not herself profitably undertake the publication of the work, and she accordingly offered it to the Government, by which it was bought for $30,000, by act of Congress, approved March 3, 1837. On July 9, 1838, an act was approved authorizing the Joint Committee on the Library to cause the papers thus purchased to be published, and the Committee intrusted the superintendence of the work to Henry D. Gilpin, Solicitor of the Treasury. The duplicate copy of the journal which Mrs. Madison had delivered was, under authority of Congress, withdrawn from the State Department and placed in Mr. Gilpin's hands. In 1840 (Washington: Lantree & O'Sulivan), accordingly, appeared the three volumes, The Papers of James Madison Purchased by Order of Congress, edited by Henry D. Gilpin. Other issues of this edition, with changes of date, came out later in New York, Boston, and Mobile. This issue contained not only the journal of the Constitutional Convention, but Madison's notes of the debates in the Continental Congress and in the Congress of the Confederation from February 19 to April 25, 1787, and a report Jefferson had written of the debates in 1776 on the Declaration of Independence, besides a number of letters of Madison's. From the text of Gilpin a fifth volume was added to Elliot's Debates in 1845, and it was printed in one volume in Chicago, 1893.
Mr. Gilpin's reading of the duplicate copy of the Madison journal is thus the only one that has hitherto been published.4 His work was both painstaking and thorough, but many inaccuracies and omissions have been revealed by a second reading from the original manuscript journal written in Madison's own hand, just as he himself left it; and this original manuscript has been followed with rigid accuracy in the text of the present edition.
The editor has compared carefully with Madison's report, as the notes will show, the incomplete and less important records of the convention, kept by others. Of these, the best known is that of Robert Yates, a delegate in the convention from New York, who took notes from the time he entered the convention, May 25, to July 5, when he went home to oppose what he foresaw would be the result of the convention's labors. These notes were published in 1821 (Albany), edited by Yates's colleague in the convention, John Lansing, under the title, Secret Proceedings and Debates of the Convention Assembled at Philadelphia, in the Year 1787, for the Purpose of Forming the Constitution of the United States of America. This was afterwards reprinted in several editions and in the three editions of The Debates on the Federal Constitution, by Jonathan Elliot (Washington, 1827-1836). Madison pronounced Yates's notes "Crude and broken." "When I looked over them some years ago," he wrote to J. C. Cabell, February 2, 1829, "I was struck with the number of instances in which he had totally mistaken what was said by me, or given it in scraps and terms which, taken without the developments or qualifications accompanying them, had an import essentially different from what was intended." Yates's notes were colored by his prejudices, which were strong against the leaders of the convention, but, making allowance for this and for their incompleteness, they are of high value and rank next to Madison's in importance.
Rufus King, a delegate from Massachusetts, kept a number of notes, scattered and imperfect, which were not published till 1894, when they appeared in King's Life and Correspondence of Rufus King (New York: Putnam's).
William Pierce, a delegate from Georgia, made some memoranda of the proceedings of the convention, and brief and interesting sketches of all the delegates, which were first printed in The Savannah Georgian, April, 18-28, 1828, and reprinted in The American Historical Review for January, 1898.
The notes of Yates, King, and Pierce are the only unofficial record of the convention extant, besides Madison's, and their chief value is in connection with the Madison record, which in the main they support, and which occasionally they elucidate.
December 30, 1818, Charles Pinckney wrote to John Quincy Adams that he had made more notes of the convention than any other member except Madison, but they were never published and have been lost or destroyed.5
In 1819 (Boston) was published the Journal, Acts and Proceedings of the Convention, etc., under the supervision of John Quincy Adams, Secretary of State, by authority of a joint resolution of Congress of March 27, 1818. This was the official journal of the convention, which the Secretary, William Jackson, had turned over to the President, George Washington, when the convention adjourned, Jackson having previously burned all other papers of the convention in his possession. March 16, 1796, Washington deposited the papers Jackson had given him with the Secretary of State, Timothy Pickering. They consisted of three volumes, — the journal of the convention, the journal of the proceedings of the Committee of the Whole of the convention, and a list of yeas and nays, beside a printed draft of the Constitution as reported August 6th, showing erasures and amendments afterwards adopted, and the Virginia plan in different stages of development.
In preparing the matter for publication Secretary Adams found that for Friday, September 14, and Saturday, September 15, the journal was a mere fragment, and Madison was applied to and completed it from his minutes. From General B. Bloomfield, executor of the estate of David Brearley, a delegate in the convention from New Jersey, Adams obtained a few additional papers, and from Charles Pinckney a copy of what purported to be the plan of a constitution submitted by him to the convention. All of these papers, with some others, appeared in the edition of 1819, which was a singularly accurate publication, as comparison by the present editor of the printed page with the original papers has shown.
The Pinckney plan, as it appeared in this edition of the journal, was incorporated by Madison into his record, as he had not secured a copy of it when the convention was sitting. But the draft furnished to Secretary Adams in 1818, and the plan presented by Pinckney to the convention in 1787 were not identical, as Madison conclusively proved in his note to his journal, in his letter to Jared Sparks of November 25, 1831, and in several other letters, in all of which he showed that the draft did not agree in several important respects with Pinckney's own votes and motions in the convention, and that there were important discrepancies between it and Pinckney's Observations on the Plan of Government, a pamphlet printed shortly after the convention adjourned.6
It is, indeed, inconceivable that the convention should have incorporated into the constitution so many of the provisions of the Pinckney draft, and that at the same time so little reference should have been made to it in the course of the debates; and it is equally extraordinary that the contemporaries of Pinckney did not accord to him the chief paternity of the Constitution, which honor would have belonged to him if the draft he sent to Mr. Adams in 1818 had been the one he actually offered the convention in the first week of its session. The editor has made a careful examination of the original manuscripts in the case. They consist (1) of Mr. Pinckney's letter to Mr. Adams of December 12, 1818, written from Winyaw, S. C., while Pinckney was temporarily absent from Charleston, acknowledging Mr. Adams's request for the draft, (2) his letter of December 30, written from Charleston, transmitting the draft, and (3) the draft. The penmanship of all three papers is contemporaneous, and the letter of December 30 and the draft were written with the same pen and ink. This may possibly admit of a difference of opinion, because the draft is in a somewhat larger chirography than the letter, having been, as befitted its importance, written more carefully. But the letter and the draft are written upon the same paper, and this paper was not made when the convention sat in 1787. There are several sheets of the draft and one of the letter, and all bear the same water-mark — "Russell & Co. 1797." The draft cannot, therefore, claim to be the original Pinckney plan, and was palpably made for the occasion, from Mr. Pinckney's original notes doubtless, aided and modified by a copy of the Constitution itself. Thirty years had elapsed since the close of the Constitutional Convention when the draft was compiled, and its incorrectness is not a circumstance to occasion great wonder.7
Correspondence on the subject of the convention, written while it was in session, was not extensive, but some unpublished letters throwing light upon contemporaneous opinion have been found and are quoted in the notes.
The editor desires to record his obligation for assistance in preparing these volumes to his friend, Montgomery Blair, Esq., of Silver Spring, Md.
GAILLARD HUNT.
CHERRY HILL FARM, VA., September, 1902.
1 Madison to Randolph, April 21, 1789.
2 Mrs. Madison's brother.
3 Orange County, Va., MSS. records.
4 Volume iii of The Documentary History of the United States (Department of State, 1894) is a presentation of a literal print of the original journal, indicating by the use of larger and smaller type and by explanatory words the portions which are interlined or stricken out.
5 See p. 22, n.
6See P. L. Ford's Pamphlets on the Constitution, 419.
7 See p. 19, n.
Chronology of James Madison
1787.
1787. Prepares the "Virginia plan" in conjunction with the May 6-25. Virginia delegates.
May 14. Attends the first gathering of the delegates.
May 30. Moves postponement of question of representation by free population.
Moves that congressional representation be proportioned to the importance and size of the States.
Makes his first speech on this subject.
May 31. Advocates representation in one house by popular election.
Opposes uniting several States into one district for representation in Senate.
Doubts practicability of enumerating powers of national legislature.
Suggests the impossibility of using force to coerce individual States.
June 1. Moves that the powers of the Executive be enumerated.
June 2. Objects to giving Congress power to remove the President upon demand of a majority of the State legislatures.
June 4. Favors giving power to more than a majority of the national legislature to overrule an Executive negative of a law.
June 5. Opposes election of judges by both branches of Congress.
Advocates submission of constitution to conventions of the people.
Favors inferior judicial tribunals.
June 6. Speaks for popular representation in the House.
Seconds motion to include a portion of the Judiciary with the Executive in revisionary power over laws.
June 7. Speaks for proportional representation in both houses of Congress.
June 8. Seconds motion to give Congress power to negative State laws.
Suggests temporary operation of urgent laws.
June 12. Seconds motion to make term of Representatives three years.
Thinks the people will follow the convention.
Favors a term of seven years for Senators.
June 13. Moves defining powers of Judiciary.
Objects to appointment of judges by whole legislature.
Thinks both houses should have right to originate money bills.
Advocates a national government and opposes the "Jersey plan."
June 21. Speaks in favor of national supremacy.
Opposes annual or biennial elections of Representatives.
June 22. Favors fixing payment of salaries by a standard.
June 23. Proposes to debar Senators from offices created or enhanced during their term.
Speaks for the proposition.
June 25. Wishes to take up question of right of suffrage.
June 26. Speaks for a long term for Senators.
Opposes their payment by the States.
June 28. Speaks for proportional representation.
June 29. Insists that too much stress is laid on State sovereignty.
June 30. Contends against equal State representation in the Senate.
Speaks again on subject, but would preserve State rights.
July 2. Opposes submission of the question to a special committee.
July 5. Opposes compromise report of committee.
July 6. Thinks part of report need not be postponed.
July 7. Thinks question of representation ought to be settled before other questions.
July 9. Suggests free inhabitants as basis of representation in one house, and all inhabitants as basis in the other house.
July 10. Moves increase of Representatives.
July 11. Favors representation based on population.
July 14. Urges proportional representation as necessary to protect the smaller States.
July 17. Advocates national power of negative over State laws.
Thinks the branches of government should be kept separate.
Thinks monarchy likely to follow instability.
Thinks there should be provision for interregnum between adoption and operation of constitution.
Moves national guarantee of States against domestic violence.
Journal of the Constitutional Convention of 1787
Monday May 14th 1787 was the day fixed for the meeting of the deputies in Convention for revising the federal System of Government. On that day a small number only had assembled. Seven States were not convened till, Friday 25 of May, when the following members appeared to wit:
From Massachusetts, Rufus King. N. York, Robert Yates,1 Alex Hamilton. N. Jersey, David Brearly, William Churchill Houston, William Patterson. Pennsylvania, Robert Morris, Thomas Fitzsimons, James Wilson, Governeur Morris. Delaware, George Read, Richard Basset,2 Jacob Broome. Virginia, George Washington, Edmund Randolph, John Blair,3 James Madison, George Mason, George Wythe, James McClurg. N. Carolina, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, Hugh Williamson. S. Carolina, John Rutlidge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia, William Few.4
Mr. Robert Morris5 informed the members assembled that by the instruction & in behalf, of the deputation of Pennsylvania he proposed George Washington,Esquire late Commander in chief for president of the Convention. Mr. John Rutlidge seconded the motion; expressing his confidence that the choice would be unanimous, and observing that the presence of General Washington forbade any observations on the occasion which might otherwise be proper.
General Washington6 was accordingly unanimously elected by ballot, and conducted to the Chair by Mr. R. Morris and Mr. Rutlidge; from which in a very emphatic manner he thanked the Convention for the honor they had conferred on him, reminded them of the novelty of the scene of business in which he was to act, lamented his want of better qualifications, and claimed the indulgence of the House towards the involuntary errors which his inexperience might occasion.
(The nomination came with particular grace from Pennsylvania, as Doctor Franklin alone could have been thought of as a competitor. The Doctor was himself to have made the nomination of General Washington, but the state of the weather and of his health confined him to his house.)
Mr. Wilson7 moved that a Secretary be appointed, and nominated Mr. Temple Franklin.
Col Hamilton8 nominated Major Jackson.
On the ballot Major Jackson had 5 votes & Mr. Franklin 2 votes.
On reading the credentials of the deputies it was noticed that those from Delaware were prohibited from changing the Article in the Confederation establishing an equality of votes among the States.9
The appointment of a Committee, consisting of Messrs. Wythe, Hamilton & C. Pinckney, on the motion of Mr. Pinckney, to prepare standing rules & orders was the only remaining step taken on this day.
William Pierce, delegate from Georgia, made an estimate of each member of the convention, the only contemporary estimate thus far brought to light. Yates did not speak in the Convention.
"Mr. Yates is said to be an able Judge. He is a Man of great legal abilities, but not distinguished as an Orator. Some of his Enemies say he is an anti-federal Man, but I discovered no such disposition in him. He is about 45 years old, and enjoys a great share of health." — Pierce's Notes, Am. Hist. Rev., iii., 327. For more about Pierce's Notes, see p. 45, n.
2 "Mr. Bassett is a religious enthusiast, lately turned Methodist, and serves his Country because it is the will of the people that he should do so. He is a Man of plain sense, and has modesty enough to hold his Tongue. He is Gentlemanly Man and is in high estimation among the Methodists. Mr. Bassett is about 36 years old." — Pierce's Notes, Id., iii., 330. He did not speak in the Convention.
3 "Mr. Blair is one of the most respectable Men in Virginia, both on account of his Family as well as fortune. He is one of the Judges of the Supreme Court in Virginia, and acknowledged to have a very extensive knowledge of the Laws. Mr. Blair is however, no Orator, but his good sense, and most excellent principles, compensate for other deficiencies. He is about 50 years of age." — Pierce's Notes, Am. Hist. Rev., iii., 331. He did not speak in the Convention.
"Mr. Few possesses a strong natural Genius, and from application has acquired some knowledge of legal matters; — he practises at the bar of Georgia, and speaks tolerably well in the Legislature. He has been twice a Member of Congress, and served in that capacity with fidelity to his State, and honor to himself. Mr. Few is about 35 years of age." — Pierce's Notes, Id., iii., 333. He did not speak in the Convention.
The credentials of Connecticut and Maryland required but one deputy to represent the state; of New York, South Carolina, Georgia, and New Hampshire, two deputies; of Massachusetts, New Jersey, Delaware, Virginia, and North Carolina, three; of Pennsylvania, four. — Journal of the Federal Convention, 16 et seq.; Documentary History of the Constitution, i., 10 et seq.
5 "Robert Morris is a merchant of great eminence and wealth; an able Financier, and a worthy Patriot. He has an understanding equal to any public object, and possesses an energy of mind that few Men can boast of. Although he is not learned, yet he is as great as those who are. I am told that when he speaks in the Assembly of Pennsylvania, that he bears down all before him. What could have been his reason for not Speaking in the Convention I know not, — but he never once spoke on any point. This Gentleman is about 50 years old." — Pierce's Notes, Am. Hist: Rev., iii., 328.
6 "General Washington is well known as the Commander in chief of the late American Army. Having conducted these States to independence and peace, he now appears to assist in framing a Government to make the People happy. Like Gustavus Vasa, he may be said to be the deliverer of his Country; — like Peter the great he appears as the politician and the States-man; and like Cincinnatus he returned to his farm perfectly contented with being only a plain Citizen, after enjoying the highest honor of the confederacy, — and now only seeks for the approbation of his Country-men by being virtuous and useful. The General was conducted to the Chair as President of the Convention by the unanimous voice of its Members. He is in the 52d year of his age." — Pierce's Notes, Am. Hist. Rev., iii., 331.
7 "Mr. Wilson ranks among the foremost in legal and political knowledge. He has joined to a fine genius all that can set him off and show him to advantage. He is well acquainted with Man, and understands all the passions that influence him. Government seems to have been his peculiar Study, all the political institutions of the World he knows in detail, and can trace the causes and effects of every revolution from the earliest stages of the Greecian commonwealth down to the present time. No man is more clear, copious, and comprehensive than Mr. Wilson, yet he is no great Orator. He draws the attention not by the charm of his eloquence, but by the force of his reasoning. He is about 45 years old." — Pierce's Notes, Am. Hist. Rev., iii., 329.
8 "Colonel Hamilton is deservedly celebrated for his talents. He is a practitioner of the Law, and reputed to be a finished Scholar. To a clear and strong judgment he unites the ornaments of fancy, and whilst he is able, convincing, and engaging in his eloquence the Heart and Head sympathize in approving him. Yet there is something too feeble in his voice to be equal to the strains of oratory; — it is my opinion he is rather a convincing Speaker, that [than] a blazing Orator. Colonel Hamilton requires time to think, — he enquires into every part of his subject with the searchings of phylosophy, and when he comes forward he comes highly charged with interesting matter, there is no skimming over the surface of a subject with him, he must sink to the bottom to see what foundation it rests on. — His language is not always equal, sometimes didactic like Bolingbroke's, at others light and tripping like Stern's. His eloquence is not so defusive as to trifle with the senses, but he rambles just enough to strike and keep up the attention. He is about 33 years old, of small stature, and lean. His manners are tinctured with stiffness, and sometimes with a degree of vanity that is highly disagreable." — Pierce's Notes, Id., iii., 327.
9 "… So also and Provided, that such Alterations or further Provisions, or any of them, do not extend to that part of the Fifth Article of the Confederation of the said States, finally ratified on the first day March, in the Year One thousand seven hundred and eighty one, which declares that 'In determining Questions in the United States in Congress Assembled each State shall have one Vote.'" — Documentary History of the Constitution (Dept. of State), i., 24.
Monday May 28
From Massrs. Nat: Gorham & Caleb Strong. From Connecticut Oliver Elseworth. From Delaware, Gunning Bedford. From Maryland James McHenry. From Pennsylvania B. Franklin, George Clymer, Ths Mifflin & Jared Ingersol, took their seats.1
Mr. Wythe2 from the Committee for preparing rules made a report which employed the deliberations of this day.
Mr. King3 objected to one of the rules in the Report authorizing any member to call for the yeas & nays and have them entered on the minutes. He urged that as the acts of the Convention were not to bind the Constituents, it was unnecessary to exhibit this evidence of the votes; and improper as changes of opinion would be frequent in the course of the business & would fill the minutes with contradictions.
Col. Mason4 seconded the objection; adding that such a record of the opinions of members would be an obstacle to a change of them on conviction; and in case of its being hereafter promulged must furnish handles to the adversaries of the Result of the Meeting.
The proposed rule was rejected nem. contrad certe. The standing rules5 agreed to were as follows:6
Viz.
A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.
Immediately after the President shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the Secretary.
Every member, rising to speak, shall address the President; and whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet or paper, printed or manuscript — and of two members rising at the same time, the President shall name him who shall be first heard.
A member shall not speak oftener than twice, without special leave, upon the same question; and not the second time, before every other, who had been silent, shall have been heard, if he choose to speak upon the subject.
A motion made and seconded, shall be repeated, and if written, as it shall be when any member shall so require, read aloud by the Secretary, before it shall be debated; and may be withdrawn at any time, before the vote upon it shall have been declared.
Orders of the day shall be read next after the minutes, and either discussed or postponed, before any other business shall be introduced.
When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate shall be received.
7A question which is complicated, shall, at the request of any member, be divided, and put separately on the propositions of which it is compounded.
The determination of a question, altho' fully debated, shall be postponed, if the deputies of any State desire it until the next day.
A writing which contains any matter brought on to be considered, shall be read once throughout for information, then by paragraphs to be debated, and again, with the amendments, if any, made on the second reading; and afterwards the question shall be put on the whole, amended, or approved in its original form, as the case shall be.
Committees shall be appointed by ballot; and the members who have the greatest number of ballots, altho' not a majority of the votes present, shall be the Committee. When two or more members have an equal number of votes, the member standing first on the list in the order of taking down the ballots, shall be preferred.
A member may be called to order by any other member, as well as by the President; and may be allowed to explain his conduct or expressions supposed to be reprehensible. And all questions of order shall be decided by the President without appeal or debate.
Upon a question to adjourn for the day, which may be made at any time, if it be seconded, the question shall be put without a debate.
When the House shall adjourn, every member shall stand in his place, until the President pass him.
A letter from sundry persons of the State of Rho. Island addressed to the Honorable The Chairman of the General Convention was presented to the Chair by Mr. Gouverneur Morris,8 and being read, was ordered to lie on the table for further consideration.9
Mr. Butler moved that the House provide against interruption of business by absence of members,10 and against licentious publications of their proceedings — to which was added by — Mr. Spaight11 — a motion to provide that on the one hand the House might not be precluded by a vote upon any question, from revising the subject matter of it, When they see cause, nor, on the other hand, be led too hastily to rescind a decision, which was the result of mature discussion. — Whereupon it was ordered that these motions be referred for the consideration of the Committee appointed to draw up the standing rules and that the Committee make report thereon.
adjourned till tomorrow 10. OClock.
1 "Entre nous. I believe the Eastern people have taken ground they will not depart from respecting the Convention. — One legislature composed of a lower-house triennially elected and an Executive & Senate for a good number of years. — I shall see Gerry & Johnson, as they pass & may perhaps give you a hint." — William Grayson to Madison, New York, May 24, 1787, Mad. MSS.
2 "Mr. Wythe is the famous Professor of Law at the University of William and Mary. He is confessedly one of the most learned legal Characters of the present age. From his close attention to the study of general learning he has acquired a compleat knowledge of the dead languages and all the sciences. He is remarked for his exemplary life, and universally esteemed for his good principles. No Man it is said understands the history of Government better than Mr. Wythe, — nor any one who understands the fluctuating condition to which all societies are liable better than he does, yet from his too favorable opinion of Men, he is no great politician. He is a neat and pleasing Speaker, and a most correct and able Writer. Mr. Wythe is about 55 years of age." — Pierce's Notes, Am. Hist. Rev., iii., 331.
3 "Mr. King is a Man much distinguished for his eloquence and great parliamentary talents. He was educated in Massachusetts, and is said to have good classical as well as legal knowledge. He has served for three years in the Congress of the United States with great and deserved applause, and is at this time high in the confidence and approbation of his Country-men. This Gentleman is about thirty three years of age, about five feet ten inches high, well formed, an handsome face, with a strong expressive Eye, and a sweet high toned voice. In his public speaking there is something peculiarly strong and rich in his expression, clear, and convincing in his arguments, rapid and irresistible at times in his eloquence but he is not always equal. His action is natural, swimming, and graceful, but there is a rudeness of manner sometimes accompanying it. But take him tout en semble, he may with propriety be ranked among the luminaries of the present Age." — Pierce's Notes, Am. Hist. Rev., iii., 325.
4 "Mr. Mason is a Gentleman of remarkable strong powers, and possesses a clear and copious understanding. He is able and convincing in debate, steady and firm in his principles, and undoubtedly one of the best politicians in America. Mr. Mason is about 60 years old, with a fine strong constitution." — Pierce's Notes, Id., iii., 331.
5 Previous to the arrival of a majority of the States, the rule by which they ought to vote in the Convention had been made a subject of conversation among the members present. It was pressed by Governeur Morris and favored by Robert Morris and others from Pennsylvania, that the large States should unite in firmly refusing to the small states an equal vote, as unreasonable, and as enabling the small States to negative every good system of Government, which must, in the nature of things, be founded on a violation of that equality. The members from Virginia, conceiving that such an attempt might beget fatal altercations between the large & small States, and that it would be easier to prevail on the latter, in the course of the deliberations, to give up their equality for the sake of an effective Government, than on taking the field of discussion to disarm themselves of the right & thereby throw themselves on the mercy of the larger States, discountenanced and stifled the project. — Madison's Note.
6 In the MS. Madison adds: "[See the Journal & copy here the printed rules]," and they were copied by him from the Journal of the Federal Convention (1819). They have been compared with the MS. journal and found to be correct.
7 An undecided line is drawn through the page in the MS. from here to the end of the rules; but not, as it would appear, to strike them out, as they were actually adopted by the Convention.
8 "Mr. Governeur Morris is one of those Genius's in whom every species of talents combine to render him conspicuous and flourishing in public debate: — He winds through all the mazes of rhetoric, and throws around him such a glare that he charms, captivates, and leads away the senses of all who hear him. With an infinite streach of fancy he brings to view things when he is engaged in deep argumentation, that render all the labor of reasoning easy and pleasing. But with all these powers he is fickle and inconstant, — never pursuing one train of thinking, — nor ever regular. He has gone through a very extensive course of reading, and is acquainted with all the sciences. No Man has more wit, — nor can any one engage the attention more than Mr. Morris. He was bred to the Law, but I am told he disliked the profession, and turned Merchant. He is engaged in some great mercantile matters with his namesake, Mr. Robert Morris. This Gentleman is about 38 years old, he has been unfortunate in losing one of his Legs, and getting all the flesh taken off his right arm by a scald, when a youth." — Pierce's Notes, Am. Hist. Rev., iii., 329.
"NEWPORT June 18th 1787
"Sir —
"The inclosed address, of which I presume your Excellency has received a duplicate, was returned to me from New York after my arrival in this State. I flattered myself that our Legislature, which convened on monday last, would have receded from the resolution therein refer'd to, and have complied with the recommendation of Congress in sending deligates to the federal convention. The upper house, or Governor, & Council, embraced the measure, but it was negatived in the house of Assembly by a large majority, notwithstanding the greatest exertions were made to support it.
"Being disappointed in their expectations, the minority in the administration and all the worthy citizens of this State, whose minds are well informd regreting the peculiarities of their Situation place their fullest confidence in the wisdom & moderation of the national council, and indulge the warmest hopes of being favorably consider'd in their deliberations. From these deliberations they anticipate a political System which must finally be adopted & from which will result the Safety, the honour, & the happiness of the United States.
"Permit me, Sir, to observe, that the measures of our present Legislature do not exhibit the real character of the State. They are equally reprobated, & abhored by Gentlemen of the learned professions, by the whole mercantile body, & by most of the respectable farmers and mechanicks. The majority of the administration is composed of a licentious number of men, destitute of education, and many of them, Void of principle. From anarchy and confusion they derive their temporary consequence, and this they endeavor to prolong by debauching the minds of the common people, whose attention is wholly directed to the Abolition of debts both public & private. With these are associated the disaffected of every description, particularly those who were unfriendly during the war. Their paper money System, founded in oppression & fraud, they are determined to Support at every hazard. And rather than relinquish their favorite pursuit they trample upon the most sacred obligations. As a proof of this they refused to comply with a requisition of Congress for repealing all laws repugnant to the treaty of peace with Great Britain, and urged as their principal reason, that it would be calling in question the propriety of their former measures.
"These evils may be attributed, partly to the extreme freedom of our own constitution, and partly to the want of energy in the federal Union: And it is greatly to be apprehended that they cannot Speedily be removed but by uncommon and very serious exertions. It is fortunate however that the wealth and resources of this State are chiefly in possion of the well Affected, & that they are intirely devoted to the public good.
"I have the honor of being Sir, "with the greatest Veneration & esteem, "Your excellencys very obedient & "most humble servant — ["J. M. VARNUM.]
"His excellency "GENERAL WASHINGTON."
The letter was inadvertently unsigned, but it was well known to come from General Varnum. The enclosure was as follows:
"PROVIDENCE, May 11. 1787. "GENTLEMEN:
"Since the Legislature of this State have finally declined sending Delegates to Meet you in Convention for the purposes mentioned in the Resolve of Congress of the 21st February 1787, the Merchants Tradesmen and others of this place, deeply affected with the evils of the present unhappy times, have thought proper to Communicate in writing their approbation of your Meeting, And their regret that it will fall short of a Compleat Representation of the Federal Union. —
"As the Object of this Letter is chiefly to prevent any impressions unfavorable to the Commercial Interest of this State, from taking place in our Sister States from the Circumstance of our being unrepresented in the present National Convention, we shall not presume to enter into any detail of the objects we hope your deliberations will embrace and provide for being convinced they will be such as have a tendency to strengthen the Union, promote Commerce, increase the power & Establish the Credit of the United States.
"The result of your deliberations tending to these desireable purposes we still hope may finally be Approved and Adopted by this State, for which we pledge our Influence and best exertions. —
"In behalf of the Merchants, Tradesmen &c.
Both letters are printed in the Documentary History of the Constitution, i., 277 and 275.
10 "Mr. Butler is a character much respected for the many excellent virtues which he possesses. But as a politician or an Orator, he has no pretensions to either. He is a Gentleman of fortune, and takes rank among the first in South Carolina. He has been appointed to Congress, and is now a Member of the Legislature of South Carolina. Mr. Butler is about 40 years of age; an Irishman by birth." — Pierce's Notes, Am. Hist. Rev., iii., 333.
11 "Mr. Spaight is a worthy Man, of some abilities, and fortune. Without possessing a Genius to render him brilliant, he is able to discharge any public trust that his Country may repose in him. He is about 31 years of age." — Pierce's Notes, Id., iii., 332.
Tuesday May 29
John Dickenson and Elbridge Gerry, the former from Delaware, the latter from Massachusetts took their seats. The following rules were added, on the report of Mr. Wythe from the Committee —
That no member be absent from the House, so as to interrupt the representation of the State, without leave.
That Committees do not sit whilst the House shall be or ought to be, sitting.
That no copy be taken of any entry on the journal during the sitting of the House without leave of the House.
That members only be permitted to inspect the journal.
That nothing spoken in the House be printed, or otherwise published or communicated without leave.
That a motion to reconsider a matter which has been determined by a majority, may be made, with leave unanimously given, on the same day on which the vote passed; but otherwise not without one day's previous notice: in which last case, if the House agree to the reconsideration, some future day shall be assigned for that purpose.
Mr. C. Pinkney1 moved that a Committee be appointed to superintend the Minutes.
Mr. Gouverneur Morris objected to it. The entry of the proceedings of the Convention belonged to the Secretary as their impartial officer. A committee might have an interest & bias in moulding the entry according to their opinions and wishes.
The motion was negatived, 5 noes, 4 ays.
Mr. Randolph2 then opened the main business.3
He expressed his regret, that it should fall to him, rather than those, who were of longer standing in life and political experience, to open the great subject of their mission. But, as the convention had originated from Virginia, and his colleagues supposed that some proposition was expected from them, they had imposed this task on him.
He then commented on the difficulty of the crisis, and the necessity of preventing the fulfilment of the prophecies of the American downfal.
He observed that in revising the foederal system we ought to inquire 1. into the properties, which such a government ought to possess, 2. the defects of the confederation, 3. the danger of our situation & 4. the remedy.
1. The Character of such a government ought to secure 1. against foreign invasion: 2. against dissensions between members of the Union, or seditions in particular States: 3. to procure to the several States various blessings, of which an isolated situation was incapable: 4. to be able to defend itself against encroachment: & 5. to be paramount to the state constitutions.
2. In speaking of the defects of the confederation he professed a high respect for its authors, and considered them as having done all that patriots could do, in the then infancy of the science, of constitutions, & of confederacies, — when the inefficiency of requisitions was unknown — no commercial discord had arisen among any States — no rebellion had appeared as in Massachusetts — foreign debts had not become urgent — the havoc of paper money had not been foreseen — treaties had not been violated — and perhaps nothing better could be obtained from the jealousy of the states with regard to their sovereignty.
He then proceeded to enumerate the defects. 1. that the confederation produced no security against foreign invasion; congress not being permitted to prevent a war nor to support it by their own authority — Of this he cited many examples; most of which tended to shew, that they could not cause infractions of treaties or of the law of nations to be punished: that particular states might by their conduct provoke war without controul; and that neither militia nor draughts being fit for defence on such occasions, enlistments only could be successful, and these could not be executed without money.
2, that the foederal government could not check the quarrels between states, nor a rebellion in any, not having constitutional power nor means to interpose according to the exigency.
3, that there were many advantages, which the U. S. might acquire, which were not attainable under the confederation — such as a productive impost — counteraction of the commercial regulations of other nations — pushing of commerce ad libitum, — &c &c.
4, that the foederal government could not defend itself against encroachments from the states.
5, that it was not even paramount to the state constitutions, ratified as it was in many of the states.
3. He next reviewed the danger of our situation, appealed to the sense of the best friends of the U. S. the prospect of anarchy from the laxity of government every where; and to other considerations.
4. He then proceeded to the remedy; the basis of which he said must be the republican principle.
He proposed as conformable to his ideas the following resolutions, which he explained one by one.
1. Resolved that the articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely, "common defence, security of liberty, and general welfare."
2. Resolved therefore that the rights of suffrage in the National Legislature ought to be proportioned to the Quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.
3.Resolved that the National Legislature ought to consist of two branches.
4. Resolved that the members of the first branch of the National Legislature ought to be elected by the people of the several States every — — for the term of — — ; to be of the age of — — years at least, to receive liberal stipends by which they may be compensated for the devotion of their time to the public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belong to the functions of the first branch, during the term of service, and for the space of — — after its expiration; to be incapable of re-election for the space of — — after the expiration of their term of service, and to be subject to recall.
5. Resolved that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of — — years at least; to hold their offices for a term sufficient to ensure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service; and for the space of — — after the expiration thereof.
6. Resolved that each branch ought to possess the right of originating Acts; that the National Legislature ought to be empowered to enjoy the Legislative Rights vested in Congress by the Confederation & moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation; to negative all laws passed by the several States contravening in the opinion of the National Legislature the articles of Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof.
7.Resolved that a National Executive be instituted; to be chosen by the National Legislature for the term of — — years, to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that besides a general authority to execute the national laws, it ought to enjoy the Executive rights vested in Congress by the Confederation.
8. Resolved that the Executive and a convenient number of the National Judiciary, ought to compose a Council of revision with authority to examine every act of the National Legislature before it shall operate, & every act of a particular Legislature before a Negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived by — — of the members of each branch.
9. Resolved that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all Piracies & felonies on the high seas, captures from an enemy: cases in which foreigners or Citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenues; impeachments of any national officers, and questions which may involve the national peace and harmony.
10. Resolved that provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of Government & Territory or otherwise, with the consent of a number of voices in the National Legislature less than the whole.
11. Resolved that a Republican Government & the territory of each State, except in the instance of a voluntary junction of Government & territory, ought to be guarantied by the United States to each State.
12. Resolved that provision ought to be made for the continuance of Congress and their authorities and privileges, until a given day after the reform of the articles of Union shall be adopted, and for the completion of all their engagements.
13. Resolved that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto.
14. Resolved that the Legislative Executive & Judiciary powers within the several States ought to be bound by oath to support the articles of Union.
15. Resolved that the amendments which shall be offered to the Confederation, by the Convention ought at a proper time, or times, after the approbation of Congress to be submitted to an assembly or assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people to consider & decide thereon.
He concluded with an exhortation, not to suffer the present opportunity of establishing general peace, harmony, happiness and liberty in the U. S. to pass away unimproved.4
It was then Resolved — That the House will tomorrow resolve itself into a Committee of the Whole House to consider of the state of the American Union — and that the propositions moved by Mr. Randolph be referred to the said Committee.
Mr. Charles Pinkney laid before the House the draft of a federal Government which he had prepared, to be agreed upon between the free and independent States of America.5 — Mr. P. plan ordered that the same be referred to the Committee of the Whole appointed to consider the state of the American Union.6
We the People of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina & Georgia do ordain, declare & establish the following Constitution for the government of ourselves & Posterity.
ARTICLE 1:
The Style of this Government shall be The United States of America & the Government shall consist of supreme legislative Executive & judicial Powers.
2
The Legislative Power shall be vested in a Congress to consist of two separate Houses — one to be called the House of Delegates & the other the Senate who shall meet on the — — — — Day of — — in every year.
3
The members of the House of Delegates shall be chosen every — — year by the people of the several States & the qualification of the electors shall be the same as those of the electors in the several States for their legislatures — each member shall have been a citizen of the United States for — — years; and shall be of — — years of age & a resident in the State he is chosen for. — — Until a census of the people shall be taken in the manner herein after mentioned the House of Delegates shall consist of — — to be chosen from the different States in the following proportions: for New Hampshire, — — ; for Massachusetts, — — for Rhode Island, — — for Connecticut, — — for New York, — — for New Jersey, — — for Pennsylvania, — — for Delaware, — — for Maryland, — — for Virginia, — — for North Carolina, — — for South Carolina, — — for Georgia, — — & the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions herein after made, at the rate of one for every — — thousand. — All money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate. The House of Delegates shall exclusively possess the power of impeachment & shall choose it's own officers & vacancies therein shall be supplied by the executive authority of the State in the representation from which they shall happen.
4
The Senate shall be elected & chosen by the House of Delegates which House immediately after their meeting shall choose by ballot — — Senators from among the Citizens & residents of New Hampshire — — from among those of Massachusetts — — from among those of Rhode Island — — from among those of Connecticut — — from among those of New York — — from among those of New Jersey — — from among those of Pennsylvania — — from among those of Delaware — — from among those of Maryland — — from among those of Virginia — — from among those of North Carolina — — from among those of South Carolina & — — from among those of Georgia — —
The Senators chosen from New Hampshire Massachusetts Rhode Island & Connecticut shall form one class — those from New York New Jersey Pennsylvania & Delaware one class — & those from Maryland Virginia North, Carolina South Carolina & Georgia one class.
