The convention speeded through the remainder of the Virginia plan. A guarantee to each state of its territory was declined. A republican constitution, the only one suited to the genius of the United States, to the principles on which they had conducted their war for independence, to their assumption before the world of the responsibility of demonstrating man's capacity for self-government, was guaranteed to each one of the United States. The requirement of an oath from the highest state officers to support the articles of union was opposed by Sherman * as an intrusion into the state jurisdictions, and supported by Randolph as a necessary precaution. "An oath of fidelity to the states from national officers might as well be required,” said Gerry. Martin observed: "If the new oath should conflict with that already taken by state officers, it would be improper; if coincident, it would be superfluous."+ The clause was retained by the vote of the six national states. By the same vote the new system was referred for consideration and decision to assemblies chosen expressly for the purpose by the people of the several states. The articles of union were thereafter open to "amendment whensoever it should seem necessary." Sherman and Ellsworth, speaking on the twelfth, wished the members of the popular branch to be chosen annually. "The people of New England," said Gerry, "will never give up annual elections." "We ought," replied Madison, "to consider what is right and necessary in itself for the attainment of a proper government;" and his proposal of a term of three years was adopted for the time; though, to humor the eastern states, it was afterward changed to two. The ineligibility of members of congress to national offices was limited to one year after their retirement; but, on the motion of Charles Pinckney, the restriction on their re-election was removed, and the power of recalling them, which was plainly inconsistent with their choice by the people, was taken away.# The qualification of age was at a later day fixed at twentyfive years for the branch elected by the people. For senators * Gilpin, 845; Elliot, 182. Gilpin, 845; Elliot, 183. Gilpin, 847; Elliot, 184. #Gilpin, 851; Elliot, 185. the qualification of age was at that time fixed at thirty. Pierce would have limited their term of service to three years; Sherman to not more than five; but a great majority held seven years by no means too long. The resolutions of the committee departed from the original plan of Virginia but rarely, and, for the most part, for the better. Thus amended, it formed a complete outline of a federal republic. The mighty work was finished in thirteen sessions, with little opposition except from the small states, and from them chiefly because they insisted on equality of suffrage in at least one branch of the legislature. CHAPTER II. NEW JERSEY CLAIMS AN EQUAL REPRESENTATION OF THE STATES. THE FIFTEENTH TO THE NINETEENTH OF JUNE 1787. THE plan of Virginia divested the smaller states of the equality of suffrage, which they had enjoyed from the inception of the union. "See the consequence of pushing things too far," said Dickinson to Madison; the smaller states, though some of their members, like himself and the delegates from Connecticut, wished for a good national government with two branches of the legislature, were compelled, in self-defence, to fall back upon the articles of confederation.* The project which in importance stands next to that of Virginia is the series of propositions of Connecticut. It consisted of nine sections, and in the sessions of the convention received the support of every one of the Connecticut delegation, particularly of Sherman and Ellsworth. It was framed. while they were still contriving amendments of the articles of the confederation. It gave to the legislature of the United *Gilpin, 863, note; Elliot, 191. + Therefore, certainly, before 19 June, and probably soon after the arrival of Sherman in Philadelphia. The Connecticut members were not chosen till Saturday, the twelfth of May. Ellsworth took his seat the twenty-eighth of May, Sherman the thirtieth, and Johnson the second of June. For the plan, see the Life of Roger Sherman by Jeremiah Evarts, in Biography of the Signers, Ed. of 1828, pp. 42-44. It may be that Sherman drew the paper; but one of the articles corresponds with the sixth recommendation of a committee on which Ellsworth served with Randolph in 1781; and is very similar to a proposition made in 1786 by a sub-committee of which Johnson was a member; and another, the sixth, does no more than adopt the report of a committee of which Ellsworth was a member with Hamilton and Madison in 1783. It is hard to say whether Sherman or Ells. States the power over commerce with foreign nations and between the states in the union, with a revenue from customs and the post-office. The United States were to make laws in all cases which concerned their common interests; but not to interfere with the governments of the states in matters wherein the general welfare of the United States is not affected. The laws of the United States relating to their common interests were to be enforced by the judiciary and executive officers of the respective states. The United States were to institute one supreme tribunal and other necessary tribunals, and to ascertain their respective powers and jurisdiction. The individual states were forbidden to emit bills of credit for a currency, or to make laws for the payment or discharge of debts or contracts in any manner differing from the agreement of the parties, whereby foreigners and the citizens of other states might be affected. The common treasury was to be supplied by the several states in proportion to the whole number of white and other free citizens and inhabitants and three fifths of all other persons, except Indians not paying taxes, in each state. Should any state neglect to furnish its quota of supplies, the United States might levy and collect the same on the inhabitants of such state. The United States might call forth aid from the people to assist the civil officers in the execution of their laws. The trial for a criminal offence must be by jury, and must take place within the state in which the offence shall have been committed. The task of leading resistance to the large states fell to New Jersey. Paterson, one of its foremost statesmen, of ScotchIrish descent, brought from Ireland in infancy, a graduate of Princeton, desired a thoroughly good general government. Cheerful in disposition, playful in manner, and of an even temper, he was undisturbed by resentments, and knew how to bring back his friends from a disappointment to a good humor with themselves and with the world.* In his present under worth was the greatest hater of paper money. Compare Gilpin, 1345, 1442; Elliot, 435, 485. For proof of their unity of action, compare their joint letter from New London, 26 September 1787, to Governor Huntington of Connecticut, in Elliot, i., 491. * Dayton to Paterson, 1 February 1801. MS. taking he was obliged to call around him a group of states agreeing in almost nothing. New York, his strongest ally, acted only from faction. New Jersey itself needed protection for its commerce against New York. Luther Martin could bring the support of Maryland only in the absence of a majority of his colleagues. The people of Connecticut * saw the need of a vigorous general government, with a legislature in two branches. The plan of New Jersey, which Paterson presented on the fifteenth, was a revision of the articles of confederation. It preserved a congress of states in a single body; granted to the United States a revenue from duties, stamps, and the post-office, but nothing more except by requisitions; established a plural executive to be elected and to be removable by congress; and conferred on state courts original though not final jurisdiction over infractions of United States laws.t "The New Jersey system," said John Lansing of New York, on the sixteenth, "is federal; the Virginia system, national. In the first, the powers flow from the state governments; in the second, they derive authority from the people of the states, and must ultimately annihilate the state governments. We are invested only with power to alter and amend defective parts of the present confederation.” # Now the powers granted by Virginia extended to "all further provisions necessary to render the federal constitution adequate to the exigencies of the Union." "Fully adequate," were the still more energetic words of Pennsylvania. New Jersey did not so much as name the articles of confederation; while Connecticut limited the discussions of its delegates only by "the general principles of republican government." | The states, Lansing further insisted, would not ratify a * Gilpin, 862, 863, Elliot, 191, note, wrongly classes New York and Connecticut together. In conduct and intention the delegates of Connecticut were very unlike Yates and Lansing. MSS. Paterson MSS.; Elliot, i., 175–177; Gilpin, 863-867; Elliot, 191–193. |