Part 5 (1/2)
”I presume you have heard, sir,” he said to Madison, ”that I was first appointed, and have since been re-chosen, president of the society of the Cincinnati; and you may have understood, also, that the triennial general meeting of this body is to be held in Philadelphia the first Monday in May next. Some particular reasons, combining with the peculiar situation of my private concerns, the necessity of paying attention to them, a wish for retirement and relaxation from public cares, and rheumatic pains which I begin to feel very sensibly, induced me to address a circular letter to each state society, informing them of my intention not to be at the next meeting, and of my desire not to be re-chosen president.”
Under these circ.u.mstances, and as the convention was to a.s.semble at the same place and at about the same time, he felt that he ought to decline serving, for he could not appear there without giving offence to the members of the society. They might, with reason, have grounds for suspecting his sincerity, or even of his having deserted the officers who had so n.o.bly supported him during the war for independence. He, therefore, in reply to the governor's official notification of his appointment, expressed a wish that some other gentleman should be subst.i.tuted for himself.
Was.h.i.+ngton did not absolutely refuse to serve, and Governor Randolph suggested that perhaps before the time for the a.s.sembling of the convention the objections in his mind might be removed. His name was therefore continued at the head of the Virginia convention.
Time moved on, and the subject of the convention of the states occupied a large place in the public mind. Was.h.i.+ngton received many letters.
Some of these from his warm, personal friends expressed doubts of the propriety of his attending the convention, and others advised against it. Some thought that, as it did not originate with the supreme legislature, acting under the articles of confederation which that convention was called to revise, it would be illegal; and those who were very tender of Was.h.i.+ngton's character, and had doubts concerning the results of such convention, advised against his going, as his brilliant reputation might suffer, should the whole affair prove abortive; while others, having heard insinuations that the opposers of the convention were monarchists, advised his going, to show that he favored it, and to give the weight of his name to a really republican movement in which the best interests of his country were involved.
Circ.u.mstances did finally occur which removed all objections from Was.h.i.+ngton's mind. The Congress legalized the convention by a resolution which declared it expedient, and fixing the day for its meeting. That day was the second Monday in May, and was chosen in reference to the general meeting of the society of the Cincinnati, which was to take place a week earlier, that, thereby, Was.h.i.+ngton might be allowed to meet with his brothers of the fraternity if he chose. Another circ.u.mstance was the insinuation just alluded to, that the opponents of the convention were monarchists, who were willing to have the difficulties and dangers of the country increase, under the weak control of the confederation, until republicanism should become hateful to the people; and a third circ.u.mstance was a dangerous insurrection in Ma.s.sachusetts which had grown out of efforts to enforce federal laws. Was.h.i.+ngton was unwilling to be cla.s.sed among the opponents of the convention, or to remain inactive, while violence was a.s.suming to defy all law, and when an era of anarchy in his country seemed about to dawn. Added to these considerations, and the sanction of the convention by law, his friends, whose minds had been changed in the course of a few months, now urged him, by every consideration of patriotism, to come forth from his retirement, for the salvation of the country depended in a great measure upon his exertions. Was.h.i.+ngton no longer hesitated, and prepared to go to the convention at the head of the Virginia deputies.
He resolved not to go uninformed upon the great subject that would engage the attention of that body, and he commenced a course of preparation. ”His knowledge of the inst.i.tutions of his country and of its political forms,” says Sparks, ”both in their general character and minute affiliated relations, gained by inquiry and long experience, was probably as complete as that of any other man. But he was not satisfied with this alone. He read the history and examined the principles of the ancient and modern confederacies. There is a paper in his handwriting which contains an abstract of each, and in which are noted, in a methodical order, their chief characteristics, the kinds of authority they possessed, their modes of operation, and their defects. The confederacies a.n.a.lyzed in this paper are the Lycian, Amphictyonic, Achaen, Helvetic, Belgic, and Germanic. He also read the standard works on general politics and the science of government, abridging parts of them, according to his usual practice, that he might impress the essential points more deeply on his mind.” He resolved to do all in his power, in that convention, to affect a radical cure of the political maladies with which his country was afflicted.
Was.h.i.+ngton set out from Mount Vernon on the ninth of May, in his carriage, for Philadelphia, to attend the convention. He arrived at Chester on the thirteenth, and was there met by General Mifflin (who was then the speaker of the Pennsylvania a.s.sembly), Generals Knox and Varnum, Colonels Humphreys and Meigs, and Majors Jackson and Nicholas, by whom he was escorted toward Philadelphia. At Gray's ferry, on the Schuylkill, a company of light-horse under Colonel Miles met and escorted him into the city, when the bells were rung in honor of his arrival. On the pressing invitation of Mr. and Mrs. Robert Morris, he took lodgings with them; and as soon as the dust of travel could be removed, he called upon Doctor Franklin, who was at that time president of the commonwealth of Pennsylvania. The following day was the time appointed for the a.s.sembling of the convention.
[Ill.u.s.tration: WAs.h.i.+NGTON PRESIDING IN THE CONVENTION. 1787]
CHAPTER VI.
THE CONVENTION OF STATES--WAs.h.i.+NGTON CHOSEN PRESIDENT OF THE CONVENTION--RANDOLPH'S SPEECH AND RESOLUTIONS--NUMBER AND NAMES OF DELEGATES--NOTICE OF SOME OF THEM--FRANKLIN IN THE CONVENTION OF 1754--THE LEADING SPEAKERS IN THE CONVENTION--POSITION OF THE MEMBERS IN REGARD TO PRECEDENTS--SYNOPSIS OF RANDOLPH'S PLAN--PINCKNEY'S SKETCH--NATIONAL AND STATE-RIGHTS MEN--PATTERSON'S PLAN--VIRGINIA AND NEW JERSEY PLANS--HAMILTON DISSENTS FROM BOTH--HIS CHARACTER, SPEECH, AND SCHEME--ALL PLANS AND AMENDMENTS REFERRED TO A COMMITTEE FOR REVISION--A CONSt.i.tUTION REPORTED AND ADOPTED--CRITICAL PERIODS IN THE CONVENTION--SUBJECTS FOR DIFFERENCES--WAs.h.i.+NGTON'S APPREHENSIONS AND VIEWS--PATRIOTISM OF HAMILTON--THE CONSt.i.tUTION SIGNED--REMARKS BY WAs.h.i.+NGTON AND FRANKLIN--CLOSE OF THE CONVENTION.
On Monday, the fourteenth day of May, 1787, those delegates to the convention called to revise the Articles of Confederation who were then in Philadelphia, a.s.sembled in the large room in the statehouse, since known as Independence hall; but it was not until Friday, the twenty-fifth, that seven states, the number required by Congress to form a quorum, were represented, and the convention was organized. On that day, New York, New Jersey, Pennsylvania, Delaware, Virginia, and North and South Carolina, were represented by an aggregate number of twenty-seven delegates; and on the nomination of Robert Morris, in behalf of the state of Pennsylvania, Was.h.i.+ngton was, by unanimous vote, elected president of the convention. William Jackson was chosen secretary; and on Monday, the twenty-eighth, Edmund Randolph, of Virginia, at the request of his colleagues, opened the business of the convention by an elaborate speech, in which he showed the defects of the Articles of Confederation, ill.u.s.trated their utter inadequacy to secure the peace and safety of the republic, and the absolute necessity of a more energetic government. When he closed his remarks, he offered for the consideration of the convention fifteen resolutions; not as a system of organic law, but as leading principles whereon to form a new government.
Very soon after the commencement of the session, eleven states were represented. New Hamps.h.i.+re sent delegates at the close of June, but the Rhode Island a.s.sembly refused to elect any. Some of the most influential men of that little commonwealth united in a letter to the convention, in which they expressed warm sympathy with the movement.
Sixty-one delegates had been appointed at the beginning of July, but only about fifty served in the convention.[8] These were among the most ill.u.s.trious citizens of the republic, most of whom had been distinguished for worth of character, talents, and patriotism, during the late struggle for the independence of the colonies. Eighteen of them were at that time members of the continental Congress.
It is not proposed to consider in detail, nor even in a synoptical manner, the proceedings of that convention, which occupied several hours each day for four months. We will merely glance at the men and measures, contemplate the result, and leave the reader to seek, in special sources, for information concerning the important and interesting subject of the formation of our federal const.i.tution.[9]
[Ill.u.s.tration: PORTRAITS OF RUFUS KING, JOHN d.i.c.kINSON, GOUVERNEUR MORRIS, OLIVER ELLSWORTH, AND JOHN RUTLEDGE]
Next to Was.h.i.+ngton, the venerable Doctor Franklin, then a little over eighty-one years of age, was the most conspicuous member. Thirty-three years before, he had submitted to a convention of colonial delegates, held at Albany, a plan for a confederation, similar to our federal const.i.tution, but it was not adopted. It satisfied neither the board of trade to whom it was submitted, nor the colonial a.s.semblies who discussed it. ”The a.s.semblies did not adopt it,” he said, ”as they all thought there was too much _prerogative_ in it, and in England it was judged to have too much of the _democratic_.”
d.i.c.kinson, Johnson, and Rutledge, had been members of the stamp-act Congress in 1765. The first and last had been compatriots with Was.h.i.+ngton in the Congress of 1774, and Sherman, Livingston, Read, and Wythe, had shared the same honors. The two latter, with Franklin, Sherman, Gerry, Morris, Clymer, and Wilson, had signed the Declaration of Independence. Was.h.i.+ngton, Mifflin, Hamilton, and Cotesworth Pinckney, represented the continental army; and the younger members, who became prominent after the Declaration of Independence, were Hamilton, Madison, and Edmund Randolph. The latter was then governor of Virginia, having succeeded Patrick Henry.
The leading speakers in the long and warm debates elicited by the resolutions of Governor Randolph and others, were King, Gerry, and Gorham, of Ma.s.sachusetts; Hamilton and Lansing, of New York; Ellsworth, Johnson, and Sherman, of Connecticut; Paterson, of New Jersey, who presented a scheme counter to that of Randolph; Franklin, Wilson, and Morris, of Pennsylvania; d.i.c.kinson, of Delaware; Martin, of Maryland; Randolph, Madison, and Mason, of Virginia; Williamson, of North Carolina; and the Pinckneys, of South Carolina. Such were the men with whom Was.h.i.+ngton was a.s.sociated in the contrivance and construction of a new system of government.
”At that time,” says Curtis, ”the world had witnessed no such spectacle as that of the deputies of a nation, chosen by the free action of great communities, and a.s.sembled for the purpose of thoroughly reforming its const.i.tution, by the exercise and with the authority of the national will. All that had been done, both in ancient and in modern times, in forming, moulding, or modifying const.i.tutions of government, bore little resemblance to the present undertaking of the states of America. Neither among the Greeks nor the Romans was there a precedent, and scarcely an a.n.a.logy.”
The great political maxim established by the Revolution was the original residence of all human sovereignty in the people; and the statesmen in the federal convention had scarcely any precedent, in theory or practice, by which they might be governed in parcelling out so much of that sovereignty as the people of the several states should be willing to dismiss from their local political inst.i.tutions, in making a strong and harmonious federal republic, that should be at the same time harmless toward reserved state-rights.
Randolph's resolutions proposed: First, To correct and enlarge the Articles of Confederation, so as to accomplish the original objects of common defence, security of liberty, and general welfare. Secondly, To make the right of suffrage in the national legislature proportioned to the quotas of contribution, or to the number of free inhabitants, as might seem best in different cases. Thirdly, To make the national legislature consist of two branches; the members of the first to be elected by the people of the several states at certain intervals for a specified term. They were to be of a prescribed age, ent.i.tled to liberal emolument for their public services, and to be ineligible to any office, state or federal, except such as pertained to the functions of that first branch, during their service; also to be ineligible to re-election until after a certain s.p.a.ce of time succeeding their term of service.
Fourthly, To have the members of the second branch elected by those of the first from among those who should be nominated by the state legislatures; to hold their offices ”for a term sufficient to insure their independency;” to be liberally paid for their services, and to be subject to restrictions similar to those of the first. Fifthly, To have each branch invested with power to originate acts; to give the national legislature the right to legislate in all cases where the state governments might be incompetent, or in which the harmony of the confederation might be interrupted by the exercise of individual legislation; to negative all laws pa.s.sed by the individual states that might contravene the articles of union; and to call forth the whole Union against any member of the confederation that should fail to fulfil its stipulated duty. Sixthly, To inst.i.tute a national executive, to be chosen periodically, liberally remunerated, and to be ineligible to a second official term. Seventhly, To const.i.tute the executive and a convenient number of the national judiciary a council of revision, who should have authority to examine every act of the national legislature before it should operate, and of every individual legislature before a negative thereon should be final, the dissent of said council amounting to a rejection unless such act be again pa.s.sed, or that of such particular legislature should be again negatived by a specified number of members of each branch. Eighthly, To establish a national judiciary, the members of which should hold office during good behavior; and to define their duties, powers, privileges, and emoluments. Ninthly, To provide for the admission of new states into the Union. Tenthly, To guaranty a republican form of government to each state and territory.
Eleventhly, To provide for a continuation of a Congress with its delegated powers, until a new const.i.tution should be established.
Twelfthly, To make provision for the amendment of the article of union whenever it should seem necessary, the a.s.sent thereto of the national legislature to be required. Thirteenthly, To require the legislative, executive, and judiciary powers within the several states to be bound by oath to support the Union. Fourteenthly, To submit the amendments made by the convention, after the approbation of the same by Congress, ”to an a.s.sembly or a.s.semblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon.”
Upon general principles, the scheme of Randolph, called the ”Virginia plan,” was highly approved; but there were many zealous and pure-minded patriots in that convention, who regarded the preservation of state sovereignty, in all its integrity, as essential to the stability of the republic. Holding the ”Virginia plan” to be an infringement upon the prerogatives of such sovereignty, they opposed it with vehemence. This plan and a sketch submitted by Charles Pinckney, which appears to have furnished the outline of the const.i.tution as finally adopted, was referred to a committee.