because it includes within itself the wisdom of the judges themselves; and this may lead either to the better instruction of the court, or to an amendment of the constitution by the collective mind of the country. The consolidation of the union was to be made visible to the nation and the world by the establishment of a seat of government for the United States under their exclusive jurisdiction; and like authority was to be exercised over all places purchased for forts, dock-yards, and other needful buildings.* It was not doubted that the government of the union should defend each state against foreign enemies and concurrently against domestic violence; and should guarantee to every one of the states the form of a republic.t Sherman hesitated about granting power to establish uniform laws on the subject of bankruptcies, lest they might be made punishable even with death. "This," said Gouverneur Morris, "is an extensive and delicate subject. I see no danger of abuse of the power by the legislature of the United States." + On the question the clause was agreed to, Connecticut alone being in the negative. So soon as it was agreed that the states should have an equal representation in the senate, the small states ceased to be jealous of its influence on money bills; finally, on the eighth of September, it was settled that, while all bills for raising revenue should originate in the house of representatives, the senate might propose or concur with amendments as on other bills.# On the same day, just before the adjournment, Williamson strove to increase the number of the first house of representatives; and was seconded by Madison. Hamilton spoke with earnestness and anxiety for the motion. "I am," said he, "a friend to a vigorous government; at the same time I hold it essential that the popular branch of the government should rest on a broad foundation. The house of representatives is on so narrow a scale as to warrant a jealousy in the people for their * Gilpin, 740, 1218, 1295, 1612; Elliot, 130, 374, 409, 561. Gilpin, 734, 861, 1141, 1241,1621; Elliot, 128, 190, 333, 381, 564. #Gilpin, 1494, 1530, 1531; Elliot, 510, 529; Elliot, i., 285, 294, 295. liberties. The connection between the president and the senate will tend to perpetuate him by corrupt influence; on this account a numerous representation in the other branch of the legislature should be established." The motion was lost by one majority; Pennsylvania and the four states nearest her on the south being outvoted by New Jersey and the New England states at one extreme, and South Carolina and Georgia at the other.* It remained to mark out the way in which the new constitution should be ratified. The convention had shown a disinclination to ask for it the approbation of congress. Hamilton saw in the omission an indecorum, and made the rash motion that congress, if they should agree to the constitution, should transmit it for ratification to the legislatures of the several states. Gerry seconded him.† Wilson strongly disapproved "the suspending the plan of the convention on the approbation of congress." He declared it worse than folly to rely on the concurrence of the Rhode Island members of congress. Maryland had voted, on the floor of the convention, for requiring the unanimous assent of the thirteen states to the change in the federal system; for a long time New York had not been represented; deputies from other states had spoken against the plan. "Can it then be safe to make the assent of congress necessary? We are ourselves, at the close, throwing insuperable obstacles in the way of its success." Clymer thought the proposed mode would fetter and embarrass congress; and King and Rutledge concurring with him, Hamilton's motion. was supported only by Connecticut.# It was then voted, in the words of the report of the committee of detail: "This constitution shall be laid before the United States in congress assembled; and it is the opinion of this convention that it should be afterward submitted to a convention chosen in each state, under the recommendation of its legislature, in order to receive the ratification of such convention." In substance this method was never changed; in form it was removed from the constitution and imbodied in a directory resolution. [ * Gilpin, 1533; Elliot, 530. Gilpin, 1540; Elliot, 534. Gilpin, 1539; Elliot, 533. #Gilpin, 1541; Elliot, 534. Art. xxii. of draft of the constitution submitted to the committee of revi sion, September 10th. Gilpin, 1570; Elliot, 541. Randolph now began to speak of the constitution as a plan which would end in tyranny; and proposed that the state conventions, on receiving it, should have power to adopt, reject, or amend it; after which another general convention should meet with full power to adopt or reject the proposed alterations, and to establish finally the government. Franklin seconded the motion.* Out of respect to its authors, the proposition was allowed to remain on the table; but by a unanimous vote it was ordered that the constitution should be established on its ratification by the conventions of nine states.† Finally, a committee of five was appointed to revise its style and the arrangement of its articles. Gilpin, 1542; Elliot, 535. Gilpin, 1571; Elliot, 541. CHAPTER XI. THE LAST DAYS OF THE CONVENTION. SEPTEMBER 12 TO SEPTEMBER 17, 1787. THE Committee to whom the constitution was referred for the arrangement of its articles and the revision of its style were Johnson, Hamilton, Gouverneur Morris, Madison, and King. The final draft of the instrument was written by Gouverneur Morris,* who knew how to reject redundant and equivocal expressions, and to use language with clearness and vigor; but the convention itself had given so minute, long-continued, and oft-renewed attention to every phrase in every section, that there scarcely remained room for improvement except in the distribution of its parts. Its first words are: "We the people of the United States, in order to form a more perfect union, to establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America." Here is no transient compact between parties: it is the institution of government by an act of the highest sovereignty; the decree of many who are yet one; their law of laws, inviolably supreme, and not to be changed except in the way which their forecast has provided. The names of the thirteen states, so carefully enumerated in the declaration of independence and in the treaty of peace, were omitted, because the constitution was to go into effect on its acceptance by nine of them, and the states by which it would * G. Morris to T. Pickering, 22 December 1814, in Life by Sparks, iii., 323. be ratified could not be foreknown. The deputies in the convention, representing but eleven states, did not pretend to be "the people;" and could not institute a general government in its name. The instrument which they framed was like the report of a bill beginning with the words "it is enacted,” though the binding enactment awaits the will of the legislature; or like a deed drawn up by an attorney for several parties, and awaiting its execution by the principals themselves. Only by its acceptance could the words "we the people of the United States" become words of truth and power. The phrase "general welfare," * adopted from the articles of confederation, though seemingly vague, was employed in a rigidly restrictive sense to signify "the concerns of the union at large, not the particular policy of any state." The word "national" was excluded from the constitution, because it might seem to present the idea of the union of the people without at the same time bringing into view that the one republic was formed out of many states. Toward foreign powers the country presented itself as one nation. The arrangement of the articles and sections is faultless; the style of the whole is nearly so. The branches of the legis lature are definitively named senate and house of representatives, the senate, at last, having precedence; the two together take the historic name of congress. The veto of the president could still be overruled only by three fourths of each branch of congress; the majority of the convention, fearing lest so large a requisition would impose too great a difficulty in repealing bad laws, ‡ at this last moment substituted the vote of two thirds. Williamson pointed out the necessity of providing for juries in civil cases. "It is not possible," said Gorham, "to discriminate equity cases from those in which juries would be proper; and the matter may safely be trusted to the representatives of the people." # Gerry urged the necessity of juries as a safeguard against corrupt judges. "A general principle laid down on this and some other points would be sufficient," *Gilpin, 1543; Elliot, 558. + Washington to William Gordon, 8 July 1783. Gilpin, 1563; Elliot, 537. # Gilpin, 1565; Elliot, 588. |