The Journal of the Debates in the Convention which framed the Constitution of USA Volume I Part 2

The Journal of the Debates in the Convention which framed the Constitution of USA Volume I Part 2

"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 antic.i.p.ate 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, & abh.o.r.ed 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, dest.i.tute 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 a.s.sociated 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 princ.i.p.al 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 const.i.tution, 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 "GEN^l 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 21^{st} 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.--

"The failure of this State was owing to the Nonconcurrence of the Upper House of a.s.sembly with a Vote pa.s.sed in the Lower House, for appointing Delegates to attend the said Convention, at their Session holden at Newport on the first Wednesday of the present Month.--

"It is the general Opinion here and we believe of the well informed throughout this State, that full power for the Regulation of the Commerce of the United States, both Foreign & Domestick ought to be vested in the National Council.

"And that Effectual Arrangements should also be made for giving Operation to the present powers of Congress in their Requisitions upon the States for National purposes.--

"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 Circ.u.mstance 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.

"We have the Honour to be with perfect Consideration & Respect "Your most Obedient & "Most Humble Servant's

"JOHN BROWN JABEZ BOWEN } THO^S LLOYD HALSEY NICHO^S BROWN } JOS. NIGHTINGALE JOHN JENCKES } LEVI HALL WELCOME ARNOLD } Comtee.

PHILIP ALLEN WILLIAM RUSSELL } PAUL ALLEN JEREMIAH OLMY } WILLIAM BARTON } "The Hon^{ble} the Chairman of the General Convention "PHILADELPHIA"

--_Const. MSS._

Both letters are printed in the _Doc.u.mentary History of the Const.i.tution_, i., 277 and 275.

M^r Butler moved that the House provide ag^{st} interruption of business by absence of members,[26] and against licentious publications of their proceedings--to which was added by--M^r Spaight[27]--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.

[26] "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. M^r Butler is about 40 years of age; an Irishman by birth."--Pierce's Notes, _Am. Hist. Rev._, iii., 333.

[27] "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.

Adj^j till tomorrow 10. OClock.

TUESDAY MAY 29.

John d.i.c.kenson and Elbridge Gerry, the former from Delaware, the latter from Ma.s.s^{ts} took their seats. The following rules were added, on the report of M^r 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 pa.s.sed; 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 a.s.signed for that purpose.

M^r C. Pinkney[28] moved that a Committee be appointed to superintend the Minutes.

[28] "Mr. Charles Pinckney is a young Gentleman of the most promising talents. He is, altho' only 24 y^s of age, in possession of a very great variety of knowledge. Government, Law, History, and Phylosophy are his favorite studies, but he is intimately acquainted with every species of polite learning, and has a spirit of application and industry beyond most Men. He speaks with great neatness and perspicuity, and treats every subject as fully, without running into prolixity, as it requires. He has been a Member of Congress, and served in that Body with ability and eclat."--Pierce's Notes, _Am. Hist. Rev._, iii., 333.

M^r Gov^r 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. Randolph[29] then opened the main business.[30]

[29] "Mr. Randolph is Governor of Virginia,--a young Gentleman in whom unite all the accomplishments of the Scholar, and the Statesman. He came forward with the postulata, or first principles, on which the Convention acted, and he supported them with a force of eloquence and reasoning that did him great honor. He has a most harmonious voice, a fine person and striking manners. Mr. Randolph is about 32 years of age."--Pierce's Notes, _Id._, iii., 332.

[30] In the MS. in Randolph's hand: "[here insert his speech including his resolutions]." The speech also is in Randolph's hand, having been furnished by him.

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 const.i.tutions.

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 const.i.tutions, & of confederacies,--when the inefficiency of requisitions was unknown--no commercial discord had arisen among any States--no rebellion had appeared as in Ma.s.s^{ts}--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 const.i.tutional 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 const.i.tutions, 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.