YATES
Tuesday, May 29th, 1787.↩
The additional rules agreed to.
His excellency
Governor Randolph, a member from Virginia, got up, and in a long and
elaborate speech, shewed the defects in the system of the present
federal government as [24]
totally inadequate to the peace, safety and security of the
confederation, and the absolute necessity of a more energetic
government.
government.
He closed these
remarks with a set of resolutions, fifteen in number, which he proposed
to the convention for their adoption, and as leading principles whereon
to form a new government — He candidly confessed that they were not
intended for a federal government — he meant a strong consolidated
union, in which the idea of states should be nearly annihilated. (I
have taken a copy of these resolutions, which are hereunto annexed.)18
He then moved that they should be taken up in committee of the whole house.
Mr. C. Pinkney, a
member from South-Carolina, then added, that he had reduced his ideas
of a new government to a system, which he read, and confessed that it
was grounded on the same principle as of the above resolutions.
The house then resolved, that they would the next day form themselves into a committee of the whole, to take into consideration the state of the union.
Adjourned to next day.
McHENRY
29.↩
Governor Randolph opened the business of the convention.18a He observed that the confederation fulfilled none
of the objects for which it was framed. 1st. It does not provide
against foreign invasions. 2dly. It does not secure harmony to the
States. 3d. It is incapable of producing certain blessings to the
States. 4 It cannot defend itself against encroachments. 5th. It is not
superior to State constitutions.
1st It does not provide against foreign invasion.
If a State acts against a foreign power contrary to the laws of nations
or violates a treaty, it cannot punish that State, or compel [25]
its obedience to the treaty. It can only leave the offending State to
the operations of the offended power. It therefore cannot prevent a war.
If the rights of an ambassador be invaded by any citizen it is only in a
few States that any laws exist to punish the offender. A State may
encroach on foreign possessions in its neighbourhood and Congress cannot
prevent it. Disputes that respect naturalization cannot be adjusted.
None of the judges in the several States under the obligation of an oath
to support the confederation, in which view this writing will be made
to yield to State constitutions.
Imbecility of
the Confederation equally conspicuous when called upon to support a war.
The journals of Congress a history of expedients. The States in arrears
to the federal treasury from theto the
What reason to
expect that the treasury will be better filled in future, or that money
can be obtained under the present powers of Congress to support a war. Volunteers not to be depended on for such a purpose. Militia difficult to be collected and almost impossible to be kept in the field. Draughts
stretch the strings of government too violently to be adopted. Nothing
short of a regular military force will answer the end of war, and this
only to be created and supported by money.
2. It does not secure harmony to the States.
It cannot preserve the particular States
against seditions within themselves or combinations against each other.
What laws in the confederation authorise Congress to intrude troops into
a State. What authority to determine which of the citizens of a State
is in the right, The supporters or the opposers of the government, Those
who wish to change it, or they who wish to preserve it.
No provision to prevent the States breaking
out into war. One State may as it were underbid another by duties, and
thus keep up a State of war.
3 Incapable to produce certain blessings.
The benefits of which we are singly incapable cannot be produced by the union. The 5 per cent impost not agreed; a blessing congress ought to be enabled to obtain.
[26]
Congress ought to possess a power to prevent emissions of bills of credit.
Under this head may be considered the
establishment of great national works — the improvement of inland
navigation — agriculture — manufactures — a freer intercourse among the
citizens.
4 It cannot defend itself against incroachments.
Not an animated existence which has not the powers of defence. Not a
political existence which ought not to possess it. In every Congress
there has been a party opposed to federal measures? In every State
assembly there has been a party opposed to federal measures. The States
have been therefore delinquent. To What expedient can congress resort,
to compel delinquent States to do what is right. If force, this force
must be drawn from the States, and the States may or may not furnish it.
5 Inferior to State constitutions.
State constitutions formed at an early period of the war, and by persons elected by the people for that purpose. These in general with one or two exceptions established about 1786. The confederation was formed long after this, and had its ratification not by any special appointment from the people, but from the several assemblies. No judge will say that the confederation is paramount to a State constition.
Thus we see that the confederation is incompetent to any one
object for which it was instituted. The framers of it wise and great
men; but human rights were the chief knowlege of the times when it was
framed so far as they applied to oppose Great Britain. Requisitions for
men and money had never offered their form to our assemblies. None of
those vices that have since discovered themselves were apprehended. Its
defects therefore no reflextion on its contrivers.
Having pointed out its defects, let us not
be affraid to view with a steady eye the perils with which we are
surrounded. Look at the public countenance from New Hampshire to
Georgia. Are we not on the eve of war, which is only prevented by the
hopes from this convention.
Our chief danger arises from the democratic parts of our constitutions. It is a maxim which I hold incontrovertible, [27]
that the powers of government exercised by the people swallows up the
other branches. None of the constitutions have provided sufficient
checks against the democracy. The feeble Senate of Virginia is a
phantom. Maryland has a more powerful senate, but the late distractions
in that State, have discovered that it is not powerful enough. The check
established in the constitution of New York and Massachusetts is yet a
stronger barrier against democracy, but they all seem insufficient.
He then submitted the following propositions which he read and commented upon seriatim. . . .19
The convention resolved that on to-morrow, the convention resolve itself into a committee of the whole.
to take into consideration the state of the american union.
It was observed by Mr. Hamilton before
adjourning that it struck him as a necessary and preliminary inquiry to
the propositions from Virginia whether the united States were
susceptible of one government, or required a separate existence
connected only by leagues offensive and defensive and treaties of
commerce.
PATERSON↩
Govr. Randolph —
Propositions founded upon republican Principles.20
1. The Articles of the Confdn. should be so enlarged and corrected as to answer the Purposes of the Instn.
2.
That the Rights of Suffrage shall be ascertained by the Quantum of
Property or Number of Souls — This the Basis upon which the larger
States can assent to any Reform.
Objn. — Sovereignty is an integral Thing — We ought to be one Nation —
3. That the national Legr. should consist of two Branches—
4. That the Members of the first Branch should be elected [28] by the People, etc. This the democratick Branch — Perhaps, if inconvenient, may be elected by the several Legrs. —
5.
Members of the 2d. Branch to be elected out of the first — to continue
for a certain Length of Time, etc. To be elected by Electors appointed
for that Purpose —
6.
The Powers to be vested in the national Legr. — A negative upon
particular acts, etc. contravening the Articles of the Union — Force —
7. A national Executive to be elected by the national Legr.
Checks upon the Legv. and Ex. Powers—
1. A Council of Revision to be selected out of the ex. and judy. Departments, etc.
2.
A natl Judiciary to be elected by the natl. Legr. — To consist of an
inferior and superior Tribunal — To determine Piracies, Captures,
Disputes between Foreigners and Citizens, and the Citizen of one State
and that of another, Revenue-matters, national Officers —
1. Provision for future States —
2. A Guary. by the United States to each State of its Territory, etc.
3. Continuation of Congress till a given Day.
4. Provision, that the Articles of national Union should be amended —
5. That the leg. ex. and judy. Officers should be bound by Oath to observe the Union.
6. That Members be elected by the People of the several States to ratify the Articles of national Union —
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