[403] Burke, speaking of Lord Chatham.
[404] The current editions of the Federalist are taken from an edition published at Washington in 1818, by Jacob Gideon, in which the numbers written by Mr. Madison purport to have been corrected by himself. There had been three editions previous to this. The first edition was published in 1788, in two small volumes, by J. & A. McLean, 41 Hanover Square, New York, under the following title: "The Federalist: a Collection of Essays written in Favor of the New Constitution, as agreed upon by the Federal Convention, September 17, 1787." The first volume was issued before the last of the essays were written, and the second followed it, as soon as the series was completed. The authentic text of the work is to be found in this edition; two of the authors were in the city of New York at the time it was printed, and probably superintended it. It was reissued from the same type, in 1789, by John Tiebout, 358 Pearl Street, New York. A second edition was published in 1802, at New York, in two volumes, containing also "Pacificus on the Proclamation of Neutrality, and the Constitution, with its Amendments." A third edition was published in 1810, by Williams & Whiting, New York. I have seen copies of the first and second editions only, in the library of Peter Force, Esq., of Washington, editor of the "American Archives." There are some discrepancies between the text of the first edition and that of 1818, from which the current editions are taken. By whom or on what authority the alterations were made, I have not been able to ascertain, nor have I learned when, or why, or how far Mr. Madison may have corrected or altered the papers which he wrote. Such of the changes as I have examined do not materially affect the sense; but it is very desirable that the true text of the Federalist should be reproduced. That text exists in the first edition, which was issued while the Constitution was before the people of the United States for their ratification; and as the Federalist was an argument addressed to the people in favor of the adoption of the Constitution, the exact text of that argument, as it was read and acted upon, ought to be restored, without regard to the reasons which may have led any of the writers, or any one else, to alter it. I know of no evidence that Colonel Hamilton ever made or sanctioned the alteration of a word. After the text of the Constitution itself, there is scarcely any thing the preservation of which is more important than the text of the Federalist as it was first published.
[405] Article "Madison" in the Penny Encyclopædia, written for that work by Professor George Tucker of the University of Virginia.
[406] Ante, pp. 131-141.
[407] It was drawn by James Duane of New York.
[408] Ante, pp. 174, 206-208.
[409] Ante, pp. 177-179.
[410] Ante, pp. 176, 186, 188.
[411] In preparing the note to page 342 (ante), I refrained from attributing to General Washington the suggestion of the enlarged plan recommended by the Alexandria commissioners, although it was concerted at his house, because there is no evidence, beyond that fact, of his having proposed this enlargement of the plan. Since that note was printed, I have learned in a direct manner, that Mr. Madison had stated to the Hon. Edward Coles, formerly his private secretary and afterwards Governor of Illinois, that he (Mr. Madison) first suggested it. In assigning, therefore, to the different individuals who took a prominent part in the measures which led to the formation of the Constitution, the various suggestions which had an important influence upon the course of events,—a curious and interesting inquiry,—I consider that to Mr. Madison belongs the credit of having originated that series of Virginia measures which brought about the meeting of commissioners of all the States at Annapolis, for the purpose of enlarging the powers of Congress over commerce; while Hamilton is to be considered the author of the plan in which the Convention at Annapolis was merged, for an entire revision of the federal system and the formation of a new constitution.
[412] The resolve was introduced by Mr. Tyler, father of the Ex-President, a person of much influence in the legislature, and who had never been in Congress. Although prepared by Mr. Madison, it was not offered by him, for the reason that a great jealousy was felt against those who had been in the federal councils, and because he was known to wish for an enlargement of the powers of Congress. See Madison's Introduction to the Debates in the Convention, Elliot, V. 113.
[413] Ibid., p. 114.
[414] Introduction to the Debates, Elliot, V. 121.
[415] Letter to Edmund Randolph, dated New York, April 8, 1787.
[416] Jefferson's Autobiography. Works, I. 41, edition of 1853.
[417] The following extract from an autograph letter of Mr. Madison, hitherto unpublished, which lies before me, written after the adoption of the Constitution, shows very clearly that he concurred with Hamilton in the opinion that the strongest government consistent with the republican form was necessary in the situation of this country. The letter is dated at Philadelphia, December 10, 1788, and is addressed to Philip Mazzei, at Paris.
"Your book, as I prophesied, sells nowhere but in Virginia; a very few copies only have been called for, either in New York or in this city. The language in which it is written will account for it. In order to attract notice, I translated the panegyric in the French Mercure, and had it made part of the advertisement. I did not translate the comment on the Federal Constitution, as you wished, because I could not spare the time, as well as because I did not approve the tendency of it. Some of your remarks prove that Horace's 'Cœlum non animum mutant qui trans mare currunt' does not hold without exception. In Europe, the abuses of power continually before your eyes have given a bias to your political reflections, which you did not feel in equal degree when you left America, and which you would feel less of, if you had remained in America. Philosophers on the old continent, in their zeal against tyranny would rush into anarchy; as the horrors of superstition drive them into atheism. Here, perhaps, the inconveniences of relaxed government have reconciled too many to the opposite extreme. If your plan of a single legislature, as in Pennsylvania, &c., were adopted, I sincerely believe that it would prove the most deadly blow ever given to republicanism. Were I an enemy to that form, I would preach the very doctrines which are preached by the enemies to the government proposed for the United States. Many of our best citizens are disgusted with the injustice, instability, and folly which characterize the American administrations. The number has for some time been rapidly increasing. Were the evils to be much longer protracted, the disgust would seize citizens of every description.
"It is of infinite importance to the cause of liberty to ascertain the degree of it which will consist with the purposes of society. An error on one side may be as fatal as on the other. Hitherto, the error in the United States has lain in the excess.
"All the States, except North Carolina and Rhode Island, have ratified the proposed Constitution. Seven of them have appointed their Senators, of whom those of Virginia, R. H. Lee and Colonel Grayson, alone are among the opponents of the system. The appointments of Maryland, South Carolina, and Georgia will pretty certainly be of the same stamp with the majority. The House of Representatives is yet to be chosen, everywhere except in Pennsylvania. From the partial returns received, the election will wear a federal aspect unless the event in one or two particular counties should contradict every calculation. If the eight members from this State be on the side of the Constitution, it will in a manner secure the majority in that branch of the Congress also. The object of the anti-Federalists is, to bring about another general convention, which would either agree on nothing, as would be agreeable to some, and throw every thing into confusion, or expunge from the Constitution parts which are held by its friends to be essential to it. The latter party are willing to gratify their opponents with every supplemental provision for general rights, but insist that this can be better done in the mode provided for amendments.
"I remain, with great sincerity, your friend and servant,
[418] In 1753, he was appointed Deputy Postmaster-General for the British Colonies, from which place he was dismissed in 1774, while in England, on account of the part he had taken in American affairs.
[419] In 1754. See an account of this plan, ante, p. 8.
[420] He first went to England in 1757, as agent of the Pennsylvania Assembly to settle their difficulties with the Proprietaries, where he remained until 1762. In 1764, he was reappointed provincial agent in England for Pennsylvania; in 1768, he received a similar appointment from Georgia; in 1769, he was chosen agent for New Jersey; and in 1770, he became agent for Massachusetts. His whole residence in England, from 1757 to 1775, embraced a period of sixteen years, two years having been passed at home. He resided in France about nine years, from 1776 to 1785.
[421] He added, with his usual quiet humor, that "whoever looks over the lists of public officers, civil and military, of that nation, will find, I believe, that the North Britons enjoy their full proportion of emolument." Madison, Elliot, V. 179.
[422] Madison, Elliot, V. 554.
[423] Mr. Madison has recorded the following anecdote at the end of the Debates, as an incident worthy of being known to posterity. "Whilst the last members were signing, Dr. Franklin, looking towards the President's chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that painters had often found it difficult, in their art, to distinguish a rising from a setting sun. 'I have,' said he, 'often and often, in the course of the session, and the vicissitude of my hopes and 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 is a rising, and not a setting sun.'"
[424] Sparks's Life of Franklin, 528.
[425] Sparks's Life of G. Morris, I. 103. The florid and declamatory style of this speech belongs to the period and to the youth of the speaker. The breadth of its views and its vigor of thought display the characteristics which belonged to him through life. He had a prophetic insight of the future resources of this country, and made many remarkable predictions of its greatness. His biographer has claimed for him the suggestion of the plan for uniting the waters of Lake Erie with those of the Hudson, and upon very strong evidence.
[426] See the Report and the debates thereon, Secret Journals, II. 132 et seq.
[427] In January, 1782, the Financier made a report, which was officially signed by him, but which Mr. Jefferson says was prepared by his Assistant, Gouverneur Morris. It embraced an elaborate statement of the denominations and comparative value of the foreign coins in circulation in the different States, and proposed the adoption of a money unit and a system of decimal notation for a new coinage. The unit suggested was such a portion of pure silver as would be a common measure of the penny of every State, without leaving a fraction. This common divisor Mr. Morris found to be one 1440th of a dollar, or one 1600th of the crown sterling. The value of a dollar was therefore to be expressed by 1,440 units, and that of a crown by 1,600, each unit containing a quarter of a grain of fine silver. Nothing, however, was done, until 1784, when Mr. Jefferson, being in Congress, took up the subject. He approved of Mr. Morris's general views, and his method of decimal notation, but objected to his unit as too minute for ordinary use. Mr. Jefferson proposed the dollar as the unit of account and payment, and that its divisions and subdivisions should be in the decimal ratio. This plan was adopted in August, 1785, and in 1786 the names and characters of the coins were determined. The ordinance establishing the coinage was passed August 8, 1786, and that establishing the mint, on the 16th of October, in the same year. (Jefferson's Autobiography, Works, I. 52-54. Life of Gouverneur Morris, I. 273. Journals of Congress, XI. 179, 254.)
[428] The materials for the final preparation of the instrument, consisting of a reported draft in detail and the various resolutions which had been adopted, were placed in the hands of a committee of revision, of which William Samuel Johnson, of Connecticut, was the chairman; the other members being Messrs. Hamilton, Gouverneur Morris, Madison, and King. The chairman committed the work to Mr. Morris, and the Constitution, as adopted, was prepared by him. (See Mr. Madison's letter to Mr. Sparks, Life of Gouverneur Morris, I. 284. Madison's Debates, Elliot, V. 530.)
[429] Life of Morris, I. 284-286.
[430] Ibid. 266.
[431] Madison, Elliot, V. 276, 277.
[432] Madison, Elliot, V. 556.
[433] Life, I. 287.
[434] Ibid. 288-290.
[435] Ibid. 517.
[436] Ante, p. 339, note.
[437] Mr. King being in Boston in October, 1786, was desired by the legislature to attend and give an account of the state of national affairs. For an abstract of his address, see Boston Magazine for the year 1786, p. 406.
[438] Ante, p. 266 et seq.
[439] Ibid.
[440] Journals, XII. 15-17.
[441] Madison, Elliot, V. 212, 213.
[442] Madison, Elliot, V. 266.
[443] The Ordinance for the government of the Northwestern Territory was drawn by Nathan Dane of Massachusetts. It was reported in Congress July 11th, 1787, and was passed July 13th. The committee by whom it was reported were Messrs. Carrington and R. H. Lee of Virginia, Kearney of Delaware, Smith of New York, and Mr. Dane. The clause relating to contracts was in these words: "And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shall in any manner whatever interfere with or affect private contracts or engagements, bona fide and without fraud previously formed." On the 28th of August, Mr. King moved in the Convention to insert the same clause in the Constitution; but it was opposed, and was not finally adopted until September 14, when it was incorporated in the phraseology in which it now stands in the Constitution. (Madison, Elliot, V. 485; Journal of the Convention, Elliot, I. 311.)
[444] Madison, Elliot, V. 133.
[445] Denmark, it is said, abolished the foreign slave-trade and the importation into her colonies in 1792, but the prohibitions were not to take effect until 1804. 1 Kent's Commentaries, 198, note (citing Mr. Wheaton).
[446] In the first draft of the Constitution reported by the Committee of Detail, it was provided that the importation of such persons as the States might think proper to admit should not be prohibited. When the committee to arrange, if possible, certain compromises between the Northern and Southern States was raised, this provision, with other matters, was referred, and it was finally agreed that the importation should not be prohibited before the year 1808. After the adoption of the Constitution, Congress, by the acts of March 22d, 1794, and May 10, 1800, prohibited the citizens and residents of the United States from carrying slaves to any foreign territory for the purpose of traffic. By the act of March 2, 1807, the importation of slaves into the United States after January 1, 1808, was prohibited under severe penalties. In 1818 and 1819 these penalties were further increased, and in 1820, the offence was made piracy. Although the discussion of the subject commenced in England at about the same time (1788), it was nearly twenty years before a bill could be carried through Parliament for the abolition of the traffic. Through the whole of that period, and down to the very last, counsel were repeatedly heard at the bar, in behalf of interested parties, to oppose the reform. The trade was finally abolished by act of Parliament in March, 1807; it was made a felony in 1810, and declared to be piracy in 1824. While, therefore, the representatives of a few of the Southern States of this Union refused to consent to an immediate prohibition, they did consent to engraft upon the Constitution what was in effect a declaration that the trade should be prohibited at a fixed period of time; and the trade was thus abolished by the United States, under a government of limited powers, with respect to their own territories, as soon as it was abolished by the "omnipotent" Parliament of Great Britain. Moreover, by consenting to give to the Union the power to regulate commerce, the Southern States enabled Congress to abolish the slave-trade with foreign countries thirteen years before the same trade was made unlawful to British vessels.
[447] Encyclopædia Americana, Art. "Wilson, James."
[448] Madison, Elliot, V. 78.
[449] Ibid. 213.
[450] The following extracts from the speech referred to will well repay a careful perusal.
"Tacitus,—the profound politician Tacitus,—who lived towards the latter end of those ages which are now denominated ancient, who undoubtedly had studied the constitutions of all the states and kingdoms known before and in his time, and who certainly was qualified, in an uncommon degree, for understanding the full force and operation of each of them, considers, after all he had known and read, a mixed government, composed of the three simple forms, as a thing rather to be wished than expected. And he thinks that, if such a government could even be instituted, its duration could not be long. One thing is very certain,—that the doctrine of representation in government was altogether unknown to the ancients. Now, the knowledge and practice of this doctrine is, in my opinion, essential to every system that can possess the qualities of freedom, wisdom, and energy.
"It is worthy of remark, and the remark may, perhaps, excite some surprise, that representation of the people is not, even at this day, the sole principle of any government in Europe. Great Britain boasts—and she may well boast—of the improvement she has made in politics by the admission of representation; for the improvement is important as far as it goes; but it by no means goes far enough. Is the executive power of Great Britain founded on representation? This is not pretended. Before the Revolution, many of the kings claimed to reign by divine right, and others by hereditary right; and even at the Revolution, nothing further was effected or attempted than the recognition of certain parts of an original contract (Blackstone, 233), supposed, at some former remote period, to have been made between the king and the people. A contract seems to exclude, rather than to imply, delegated power. The judges of Great Britain are appointed by the crown. The judicial authority, therefore, does not depend upon representation, even in its most remote degree. Does representation prevail in the legislative department of the British government? Even here it does not predominate, though it may serve as a check. The legislature consists of three branches,—the king, the lords, and the commons. Of these, only the latter are supposed by the constitution to represent the authority of the people. This short analysis clearly shows to what a narrow corner of the British constitution the principle of representation is confined. I believe it does not extend farther, if so far, in any other government in Europe. For the American States were reserved the glory and the happiness of diffusing this vital principle throughout the constituent parts of government. Representation is the chain of communication between the people and those to whom they have committed the exercise of the powers of government. This chain may consist of one or more links, but in all cases it should be sufficiently strong and discernible.
"To be left without guide or precedent was not the only difficulty in which the Convention were involved, by proposing to their constituents a plan of a confederate republic. They found themselves embarrassed with another, of peculiar delicacy and importance. I mean that of drawing a proper line between the national government and the governments of the several States. It was easy to discover a proper and satisfactory principle on the subject. Whatever object of government is confined, in its operation and effects, within the bounds of a particular State, should be considered as belonging to the government of that State; whatever object of government extends, in its operation or effects, beyond the bounds of a particular State, should be considered as belonging to the government of the United States. But though this principle be sound and satisfactory, its application to particular cases would be accompanied with much difficulty, because, in its application, room must be allowed for great discretionary latitude of construction of the principle. In order to lessen or remove the difficulty arising from discretionary construction on this subject, an enumeration of particular instances, in which the application of the principle ought to take place, has been attempted with much industry and care. It is only in mathematical science that a line can be described with mathematical precision. But I flatter myself that, upon the strictest investigation, the enumeration will be found to be safe and unexceptionable, and accurate, too, in as great a degree as accuracy can be expected in a subject of this nature. Particulars under this head will be more properly explained, when we descend to the minute view of the enumeration which is made in the proposed Constitution.
"After all, it will be necessary that, on a subject so peculiarly delicate as this, much prudence, much candor, much moderation, and much liberality should be exercised and displayed both by the federal government and by the governments of the several States. It is to be hoped that those virtues in government will be exercised and displayed, when we consider that the powers of the federal government and those of the State governments are drawn from sources equally pure. If a difference can be discovered between them, it is in favor of the federal government, because that government is founded on a representation of the whole Union; whereas the government of any particular State is founded only on the representation of a part, inconsiderable when compared with the whole. Is it not more reasonable to suppose that the counsels of the whole will embrace the interest of every part, than that the counsels of any part will embrace the interests of the whole?
"I intend not, Sir, by this description of the difficulties with which the Convention were surrounded, to magnify their skill or their merit in surmounting them, or to insinuate that any predicament in which the Convention stood should prevent the closest and most cautious scrutiny into the performance which they have exhibited to their constituents and to the world. My intention is of far other and higher aim,—to evince, by the conflicts and difficulties which must arise from the many and powerful causes which I have enumerated, that it is hopeless and impracticable to form a constitution which, in every part, will be acceptable to every citizen, or even to every government, in the United States; and that all which can be expected is, to form such a constitution as, upon the whole, is the best that can possibly be obtained. Man and perfection!—a state and perfection!—an assemblage of states and perfection! Can we reasonably expect, however ardently we may wish, to behold the glorious union?
"I can well recollect, though I believe I cannot convey to others, the impression which, on many occasions, was made by the difficulties which surrounded and pressed the Convention. The great undertaking sometimes seemed to be at a stand; at other times, its motion seemed to be retrograde. At the conclusion, however, of our work, many of the members expressed their astonishment at the success with which it terminated.
"Having enumerated some of the difficulties which the Convention were obliged to encounter in the course of their proceedings, I shall next point out the end which they proposed to accomplish. Our wants, our talents, our affections, our passions, all tell us that we were made for a state of society. But a state of society could not be supported long or happily without some civil restraint. It is true, that, in a state of nature, any one individual may act uncontrolled by others; but it is equally true, that, in such a state, every other individual may act uncontrolled by him. Amidst this universal independence, the dissensions and animosities between interfering members of the society would be numerous and ungovernable. The consequence would be, that each member, in such a natural state, would enjoy less liberty, and suffer more interruption, than he would in a regulated society. Hence the universal introduction of governments of some kind or other into the social state. The liberty of every member is increased by this introduction; for each gains more by the limitation of the freedom of every other member, than he loses by the limitation of his own. The result is, that civil government is necessary to the perfection and happiness of man. In forming this government, and carrying it into execution, it is essential that the interest and authority of the whole community should be binding in every part of it.
"The foregoing principles and conclusions are generally admitted to be just and sound with regard to the nature and formation of single governments, and the duty of submission to them. In some cases, they will apply, with much propriety and force, to states already formed. The advantages and necessity of civil government among individuals in society are not greater or stronger than, in some situations and circumstances, are the advantages and necessity of a federal government among states. A natural and very important question now presents itself,—Is such the situation, are such the circumstances, of the United States? A proper answer to this question will unfold some very interesting truths.
"The United States may adopt any one of four different systems. They may become consolidated into one government, in which the separate existence of the States shall be entirely absolved. They may reject any plan of union or association, and act as separate and unconnected States. They may form two or more confederacies. They may unite in one federal republic. Which of these systems ought to have been formed by the Convention? To support, with vigor, a single government over the whole extent of the United States, would demand a system of the most unqualified and the most unremitted despotism. Such a number of separate States, contiguous in situation, unconnected and disunited in government, would be, at one time, the prey of foreign force, foreign influence, and foreign intrigue; at another, the victims of mutual rage, rancor, and revenge. Neither of these systems found advocates in the late Convention. I presume they will not find advocates in this. Would it be proper to divide the United States into two or more confederacies? It will not be unadvisable to take a more minute survey of this subject. Some aspects under which it may be viewed are far from being, at first sight, uninviting. Two or more confederacies would be each more compact and more manageable than a single one extending over the same territory. By dividing the United States into two or more confederacies, the great collision of interests apparently or really different and contrary, in the whole extent of their dominion, would be broken, and, in a great measure, disappear, in the several parts. But these advantages, which are discovered from certain points of view, are greatly overbalanced by inconveniences that will appear on a more accurate examination. Animosities, and perhaps wars, would arise from assigning the extent, the limits, and the rights of the different confederacies. The expenses of governing would be multiplied by the number of federal governments. The danger resulting from foreign influence and mutual dissensions would not, perhaps, be less great and alarming in the instance of different confederacies, than in the instance of different, though more numerous, unassociated States.
"These observations, and many others that might be made on the subject, will be sufficient to evince that a division of the United States into a number of separate confederacies would probably be an unsatisfactory and an unsuccessful experiment. The remaining system which the American States may adopt, is a union of them under one confederate republic. It will not be necessary to employ much time, or many arguments, to show that this is the most eligible system that can be proposed. By adopting this system, the vigor and decision of a wide-spreading monarchy may be joined to the freedom and beneficence of a contracted republic. The extent of territory, the diversity of climate and soil, the number and greatness and connection of lakes and rivers with which the United States are intersected and almost surrounded,—all indicate an enlarged government to be fit and advantageous for them. The principles and dispositions of their citizens indicate that, in this government, liberty shall reign triumphant. Such, indeed, have been the general opinions and wishes entertained since the era of independence. If those opinions and wishes are as well founded as they have been general, the late Convention were justified in proposing to their constituents one confederate republic, as the best system of a national government for the United States.
"In forming this system, it was proper to give minute attention to the interest of all the parts; but there was a duty of still higher import,—to feel and to show a predominating regard to the superior interests of the whole. If this great principle had not prevailed, the plan before us would never have made its appearance. The same principle that was so necessary in forming it is equally necessary in our deliberations, whether we should reject or ratify it.
"I make these observations with a design to prove and illustrate this great and important truth,—that, in our decisions on the work of the late Convention, we should not limit our views and regards to the State of Pennsylvania. The aim of the Convention was to form a system of good and efficient government, on the more extensive scale of the United States. In this, and in every other instance, the work should be judged with the same spirit with which it was performed. A principle of duty, as well as candor, demands this.
"We have remarked, that civil government is necessary to the perfection of society; we now remark, that civil liberty is necessary to the perfection of civil government. Civil liberty is natural liberty itself, divested of only that part which, placed in the government, produces more good and happiness to the community than if it had remained in the individual. Hence it follows that civil liberty, while it resigns a part of natural liberty, retains the free and generous exercise of all the human faculties, so far as it is compatible with the public welfare.
"In considering and developing the nature and end of the system before us, it is necessary to mention another kind of liberty, which has not yet, as far as I know, received a name. I shall distinguish it by the appellation of federal liberty. When a single government is instituted, the individuals of which it is composed surrender to it a part of their natural independence, which they before enjoyed as men. When a confederate republic is instituted, the communities of which it is composed surrender to it a part of their political independence, which they before enjoyed as States. The principles which directed, in the former case, what part of the natural liberty of the man ought to be given up, and what part ought to be retained, will give similar directions in the latter case. The States should resign to the national government that part, and that part only, of their political liberty, which, placed in that government, will produce more good to the whole than if it had remained in the several States. While they resign this part of their political liberty, they retain the free and generous exercise of all their other faculties, as States, so far as it is compatible with the welfare of the general and superintending confederacy.
"Since States, as well as citizens, are represented in the Constitution before us, and form the objects on which that Constitution is proposed to operate, it was necessary to notice and define federal as well as civil liberty.
"These general reflections have been made in order to introduce, with more propriety and advantage, a practical illustration of the end proposed to be accomplished by the late Convention.
"It has been too well known, it has been too severely felt, that the present Confederation is inadequate to the government, and to the exigencies, of the United States. The great struggle for Liberty in this country, should it be unsuccessful, will probably be the last one which she will have for her existence and prosperity in any part of the globe. And it must be confessed that this struggle has, in some of the stages of its progress, been attended with symptoms that foreboded no fortunate issue. To the iron hand of Tyranny, which was lifted up against her, she manifested, indeed, an intrepid superiority. She broke in pieces the fetters which were forged for her, and showed that she was unassailable by force. But she was environed with dangers of another kind, and springing from a very different source. While she kept her eye steadily fixed on the efforts of oppression, licentiousness was secretly undermining the rock on which she stood.
"Need I call to your remembrance the contrasted scenes of which we have been witnesses? On the glorious conclusion of our conflict with Britain, what high expectations were formed concerning us by others! What high expectations did we form concerning ourselves! Have those expectations been realized? No. What has been the cause? Did our citizens lose their perseverance and magnanimity? No. Did they become insensible of resentment and indignation at any high-handed attempt that might have been made to injure or enslave them? No. What, then, has been the cause? The truth is, we dreaded danger only on one side: this we manfully repelled. But, on another side, danger, not less formidable, but more insidious, stole in upon us; and our unsuspicious tempers were not sufficiently attentive either to its approach or to its operations. Those whom foreign strength could not overpower have wellnigh become the victims of internal anarchy.
"If we become a little more particular, we shall find that the foregoing representation is by no means exaggerated. When we had baffled all the menaces of foreign power, we neglected to establish among ourselves a government that would insure domestic vigor and stability. What was the consequence? The commencement of peace was the commencement of every disgrace and distress that could befall a people in a peaceful state. Devoid of national power, we could not prohibit the extravagance of our importations, nor could we derive a revenue from their excess. Devoid of national importance, we could not procure for our exports a tolerable sale at foreign markets. Devoid of national credit, we saw our public securities melt in the hands of the holders, like snow before the sun. Devoid of national dignity, we could not, in some instances, perform our treaties on our part; and, in other instances, we could neither obtain nor compel the performance of them on the part of others. Devoid of national energy, we could not carry into execution our own resolutions, decisions, or laws.
"Shall I become more particular still? The tedious detail would disgust me. The years of languor are now over. We have felt the dishonor with which we have been covered; we have seen the destruction with which we have been threatened. We have penetrated to the causes of both, and when we have once discovered them, we have begun to search for the means of removing them. For the confirmation of these remarks, I need not appeal to an enumeration of facts. The proceedings of Congress, and of the several States, are replete with them. They all point out the weakness and insufficiency as the cause, and an efficient general government as the only cure, of our political distempers.
"Under these impressions, and with these views, was the late Convention appointed; and under these impressions, and with these views, the late Convention met.
"We now see the great end which they proposed to accomplish. It was to frame, for the consideration of their constituents, one federal and national constitution,—a constitution that would produce the advantages of good, and prevent the inconveniences of bad government;—a constitution whose beneficence and energy would pervade the whole Union, and bind and embrace the interests of every part;—a constitution that would insure peace, freedom, and happiness to the States and people of America.
"We are now naturally led to examine the means by which they proposed to accomplish this end. This opens more particularly to our view the discussion before us. But, previously to our entering upon it, it will not be improper to state some general and leading principles of government, which will receive particular application in the course of our investigations.
"There necessarily exists, in every government, a power from which there is no appeal, and which, for that reason, may be termed supreme, absolute, and uncontrollable. Where does this power reside? To this question writers on different governments will give different answers. Sir William Blackstone will tell you, that in Britain the power is lodged in the British Parliament; that the Parliament may alter the form of the government; and that its power is absolute, without control. The idea of a constitution, limiting and superintending the operations of legislative authority, seems not to have been accurately understood in Britain. There are, at least, no traces of practice conformable to such a principle. The British Constitution is just what the British Parliament pleases. When the Parliament transferred legislative authority to Henry VIII., the act transferring could not, in the strict acceptation of the term, be called unconstitutional.
"To control the power and conduct of the legislature by an overruling constitution, was an improvement in the science and practice of government reserved to the American States.
"Perhaps some politician, who has not considered with sufficient accuracy our political systems, would answer that, in our governments, the supreme power was vested in the constitutions. This opinion approaches a step nearer to the truth, but does not reach it. The truth is, that, in our governments, the supreme, absolute, and uncontrollable power remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. Indeed, the superiority, in this last instance, is much greater; for the people possess over our constitutions control in act, as well as right.
"The consequence is, that the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them.
"These important truths, Sir, are far from being merely speculative. We, at this moment, speak and deliberate under their immediate and benign influence. To the operation of these truths we are to ascribe the scene, hitherto unparalleled, which America now exhibits to the world,—a gentle, a peaceful, a voluntary, and a deliberate transition from one constitution of government to another. In other parts of the world, the idea of revolutions in government is, by a mournful and an indissoluble association, connected with the idea of wars, and all the calamities attendant on wars. But happy experience teaches us to view such revolutions in a very different light,—to consider them only as progressive steps in improving the knowledge of government, and increasing the happiness of society and mankind.
"Oft have I marked, with silent pleasure and admiration, the force and prevalence, through the United States, of the principle that the supreme power resides in the people, and that they never part with it. It may be called the panacea in politics. There can be no disorder in the community but may here receive a radical cure. If the error be in the legislature, it may be corrected by the constitution; if in the constitution, it may be corrected by the people. There is a remedy, therefore, for every distemper in government, if the people are not wanting to themselves; if they are wanting to themselves, there is no remedy. From their power, as we have seen, there is no appeal; of their error, there is no superior principle of correction.
"There are three simple species of government;—monarchy, where the supreme power is in a single person; aristocracy, where the supreme power is in a select assembly, the members of which either fill up, by election, the vacancies in their own body, or succeed to their places in it by inheritance, property, or in respect of some personal right or qualification; a republic or democracy, where the people at large retain the supreme power, and act either collectively or by representation.
"Each of these species of government has its advantages and disadvantages.
"The advantages of a monarchy are strength, despatch, secrecy, unity of counsel. Its disadvantages are tyranny, expense, ignorance of the situation and wants of the people, insecurity, unnecessary wars, evils attending elections or successions.
"The advantages of aristocracy are wisdom, arising from experience and education. Its disadvantages are dissensions among themselves, oppression to the lower orders.
"The advantages of democracy are liberty, equality, cautious and salutary laws, public spirit, frugality, peace, opportunities of exciting and producing abilities of the best citizens. Its disadvantages are dissensions, the delay and disclosure of public counsels, the imbecility of public measures, retarded by the necessity of a numerous consent.
"A government may be composed of two or more of the simple forms above mentioned. Such is the British government. It would be an improper government for the United States, because it is inadequate to such an extent of territory, and because it is suited to an establishment of different orders of men. A more minute comparison between some parts of the British Constitution, and some parts of the plan before us, may perhaps find a proper place in a subsequent period of our business.
"What is the nature and kind of that government which has been proposed for the United States by the late Convention? In its principle, it is purely democratical. But that principle is applied in different forms, in order to obtain the advantages, and exclude the inconveniences, of the simple modes of government.
"If we take an extended and accurate view of it, we shall find the streams of power running in different directions, in different dimensions, and at different heights,—watering, adorning, and fertilizing the fields and meadows through which their courses are led; but if we trace them, we shall discover that they all originally flow from one abundant fountain.
"In this Constitution, all authority is derived from the people.
"Fit occasions will hereafter offer for particular remarks on the different parts of the plan."
After an elaborate examination of the Constitution, he thus concludes:—
"A free government has often been compared to a pyramid. This allusion is made with peculiar propriety in the system before you; it is laid on the broad basis of the people; its powers gradually rise, while they are confined in proportion as they ascend, until they end in that most permanent of all forms. When you examine all its parts, they will invariably be found to preserve that essential mark of free governments,—a chain of connection with the people.
"Such, Sir, is the nature of this system of government; and the important question at length presents itself to our view,—Shall it be ratified, or shall it be rejected, by this Convention? In order to enable us still further to form a judgment on this truly momentous and interesting point, on which all we have, or can have, dear to us on earth is materially depending, let us for a moment consider the consequences that will result from one or the other measure. Suppose we reject this system of government; what will be the consequence? Let the farmer say,—he whose produce remains unasked for; nor can he find a single market for its consumption, though his fields are blessed with luxuriant abundance. Let the manufacturer, and let the mechanic, say; they can feel, and tell their feelings. Go along the wharves of Philadelphia, and observe the melancholy silence that reigns. I appeal not to those who enjoy places and abundance under the present government; they may well dilate upon the easy and happy situation of our country. Let the merchants tell you what is our commerce; let them say what has been their situation since the return of peace,—an era which they might have expected would furnish additional sources to our trade, and a continuance, and even an increase, to their fortunes. Have these ideas been realized? or do they not lose some of their capital in every adventure, and continue the unprofitable trade from year to year, subsisting under the hopes of happier times under an efficient general government? The ungainful trade carried on by our merchants has a baneful influence on the interests of the manufacturer, the mechanic, and the farmer; and these, I believe, are the chief interests of the people of the United States.
"I will go further. Is there now a government among us that can do a single act that a national government ought to do? Is there any power of the United States that can command a single shilling? This is a plain and a home question.
"Congress may recommend; they can do no more: they may require; but they must not proceed one step further. If things are bad now,—and that they are not worse is only owing to hopes of improvement or change in the system,—will they become better when those hopes are disappointed? We have been told, by honorable gentlemen on this floor, that it is improper to urge this kind of argument in favor of a new system of government, or against the old one: unfortunately, Sir, these things are too severely felt to be omitted; the people feel them; they pervade all classes of citizens, and every situation from New Hampshire to Georgia: the argument of necessity is the patriot's defence, as well as the tyrant's plea.
"Is it likely, Sir, that, if this system of government is rejected, a better will be framed and adopted? I will not expatiate on this subject; but I believe many reasons will suggest themselves to prove that such expectation would be illusory. If a better could be obtained at a future time, is there any thing wrong in this? I go further. Is there any thing wrong that cannot be amended more easily by the mode pointed out in the system itself, than could be done by calling convention after convention, before the organization of the government? Let us now turn to the consequences that will result if we assent to and ratify the instrument before you. I shall trace them as concisely as I can, because I have trespassed already too long on the patience and indulgence of the house.
"I stated, on a former occasion, one important advantage; by adopting this system, we become a nation; at present, we are not one. Can we perform a single national act? Can we do any thing to procure us dignity, or to preserve peace and tranquillity? Can we relieve the distress of our citizens? Can we provide for their welfare or happiness? The powers of our government are mere sound. If we offer to treat with a nation, we receive this humiliating answer: 'You cannot, in propriety of language, make a treaty, because you have no power to execute it.' Can we borrow money? There are too many examples of unfortunate creditors existing, both on this and the other side of the Atlantic, to expect success from this expedient. But could we borrow money, we cannot command a fund, to enable us to pay either the principal or interest; for, in instances where our friends have advanced the principal, they have been obliged to advance the interest also, in order to prevent the principal from being annihilated in their hands by depreciation. Can we raise an army? The prospect of a war is highly probable. The accounts we receive, by every vessel from Europe, mention that the highest exertions are making in the ports and arsenals of the greatest maritime powers. But whatever the consequence may be, are we to lie supine? We know we are unable, under the Articles of Confederation, to exert ourselves; and shall we continue so, until a stroke be made on our commerce, or we see the debarkation of a hostile army on our unprotected shores? Who will guarantee that our property will not be laid waste, that our towns will not be put under contribution, by a small naval force, and subjected to all the horror and devastation of war? May not this be done without opposition, at least effectual opposition, in the present situation of our country? There may be safety over the Appalachian Mountains, but there can be none on our sea-coast. With what propriety can we hope our flag will be respected, while we have not a single gun to fire in its defence?
"Can we expect to make internal improvement, or accomplish any of those great national objects which I formerly alluded to, when we cannot find money to remove a single rock out of a river?
"This system, Sir, will at least make us a nation, and put it in the power of the Union to act as such. We shall be considered as such by every nation in the world. We shall regain the confidence of our citizens, and command the respect of others.
"As we shall become a nation, I trust that we shall also form a national character, and that this character will be adapted to the principles and genius of our system of government: as yet we possess none; our language, manners, customs, habits, and dress depend too much upon those of other countries. Every nation, in these respects, should possess originality; there are not, on any part of the globe, finer qualities for forming a national character, than those possessed by the children of America. Activity, perseverance, industry, laudable emulation, docility in acquiring information, firmness in adversity, and patience and magnanimity under the greatest hardships;—from these materials, what a respectable national character may be raised! In addition to this character, I think there is strong reason to believe that America may take the lead in literary improvements and national importance. This is a subject which, I confess, I have spent much pleasing time in considering. That language, Sir, which shall become most generally known in the civilized world will impart great importance over the nation that shall use it. The language of the United States will, in future times, be diffused over a greater extent of country than any other that we know. The French, indeed, have made laudable attempts towards establishing a universal language; but, beyond the boundaries of France, even the French language is not spoken by one in a thousand. Besides the freedom of our country, the great improvements she has made, and will make, in the science of government, will induce the patriots and literati of every nation to read and understand our writings on that subject; and hence it is not improbable that she will take the lead in political knowledge.
"If we adopt this system of government, I think we may promise security, stability, and tranquillity to the governments of the different States. They would not be exposed to the danger of competition on questions of territory, or any other that have heretofore disturbed them. A tribunal is here found to decide, justly and quietly, any interfering claim; and now is accomplished what the great mind of Henry IV. of France had in contemplation,—a system of government for large and respectable dominions, united and bound together, in peace, under a superintending head, by which all their differences may be accommodated, without the destruction of the human race. We are told by Sully that this was the favorite pursuit of that good king during the last years of his life; and he would probably have carried it into execution, had not the dagger of an assassin deprived the world of his valuable life. I have, with pleasing emotion, seen the wisdom and beneficence of a less efficient power under the Articles of Confederation, in the determination of the controversy between the States of Pennsylvania and Connecticut; but I have lamented that the authority of Congress did not extend to extinguish, entirely, the spark which has kindled a dangerous flame in the district of Wyoming.
"Let gentlemen turn their attention to the amazing consequences which this principle will have in this extended country. The several States cannot war with each other; the general government is the great arbiter in contentions between them; the whole force of the Union can be called forth to reduce an aggressor to reason. What a happy exchange for the disjointed, contentious State sovereignties!
"The adoption of this system will also secure us from danger, and procure us advantages from foreign nations. This, in our situation, is of great consequence. We are still an inviting object to one European power at least; and, if we cannot defend ourselves, the temptation may become too alluring to be resisted. I do not mean that, with an efficient government, we should mix with the commotions of Europe. No, Sir; we are happily removed from them, and are not obliged to throw ourselves into the scale with any. This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important power of declaring war is vested in the legislature at large: this declaration must be made with the concurrence of the House of Representatives: from this circumstance we may draw a certain conclusion, that nothing but our national interest can draw us into a war. I cannot forbear, on this occasion, the pleasure of mentioning to you the sentiments of the great and benevolent man, whose works I have already quoted on another subject. M. Necker has addressed this country in language important and applicable in the strictest degree to its situation and to the present subject. Speaking of war, and the greatest caution that all nations ought to use in order to avoid its calamities,—'And you, rising nation,' says he, 'whom generous efforts have freed from the yoke of Europe! let the universe be struck with still greater reverence at the sight of the privileges you have acquired, by seeing you continually employed for the public felicity: do not offer it as a sacrifice at the unsettled shrine of political ideas, and of the deceitful combinations of warlike ambition; avoid, or at least delay, participating in the passions of our hemisphere; make your own advantage of the knowledge which experience alone has given to our old age, and preserve, for a long time, the simplicity of childhood; in short, honor human nature, by showing that, when left to its own feelings, it is still capable of those virtues that maintain public order, and of that prudence which insures public tranquillity.'
"Permit me to offer one consideration more, that ought to induce our acceptance of this system. I feel myself lost in the contemplation of its magnitude. By adopting this system, we shall probably lay a foundation for erecting temples of liberty in every part of the earth. It has been thought by many, that on the success of the struggle America has made for freedom will depend the exertions of the brave and enlightened of other nations. The advantages resulting from this system will not be confined to the United States, but will draw from Europe many worthy characters, who pant for the enjoyment of freedom. It will induce princes, in order to preserve their subjects, to restore to them a portion of that liberty of which they have for many ages been deprived. It will be subservient to the great designs of Providence with regard to this globe,—the multiplication of mankind, their improvement in knowledge, and their advancement in happiness." (Elliot's Debates, II. 423-434, 524-529.)