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CHAPTER V.

NEW JERSEY FEDERALIZES HERSELF.

THE THIRD TO RATIFY-VOTE, UNANIMOUS - DATE, DEC. 18, 1787.

N the convention of states, New Jersey was represented by Governor William Livingston, David Brearly, Wm. Patterson, and Jonathan Dayton. These statesmen, with the delegates from Connecticut, Delaware, and other minor states, insisted on the strict principles of federation being observed; and, as will be seen, they were completely successful, vanquishing their opponents in argument, as well as in voting. So satisfactory was the plan adopted, that they signed it, and aided at home to procure the ratification of their state, which was unanimous.

The Views of her Statesmen. - WILLIAM PATTERSON, who, in the federal convention, introduced the plan of the new system, known as the New Jersey plan [see I. Ell. Deb. 175], said that "the amendment of the confederacy was the object of all the laws and commissions upon the subject." "The commissions under which we act are not only the measure of our power: they denote, also, the sentiments of the states on the subject of our deliberation. The idea of a national government, as contradistinguished from a federal one, never entered into the mind of any of them; and to the public mind we must accommodate ourselves." [V. Ell. Deb. 176.] He said, further, in reference to a plan tending to consolidation: "We are met here as deputies of thirteen independent sovereign states, for federal purposes. Can we consolidate their sovereignty, and form one nation, and annihilate the sovereignty of our states, who have sent us here for other purposes? . . . But it is said that this national government is to act on individuals, and not on states; and cannot a federal government be so formed as to operate in the same way? It surely may. I therefore declare that I will never consent to the present system, and I shall make all the interest against it, in the state I represent, that I can." [I. Ell. Deb. 403.]

These remarks were made early in the session (June 9, 1787), when it was proposed to give the small states power in the new system only in proportion to their numbers, and when their delegates feared that

they would be gradually merged into a nation. The plan that finally prevailed, as will be seen, was, as he then expressed it, “a federal government," 'so formed as to operate" "on individuals, and not on states."

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I have many kindred expressions from the New Jersey statesmen, but not having space for them, I select the above as the most pithy, as well as a fair specimen. It is also one of the most accessible ones to the common reader. Moreover, it fairly represents the theory which predominated in the federal convention, not only in two or three decisive votes, but generally in the plan adopted. Strict federal principles prevailed. The states, as political bodies, were to be the parties federating, and were to remain unchanged, as the actors in the system. They were to continue to hold, of original right, all the elective power. Each was to choose, from her own citizens and subjects, her representatives, her senators, and her electors of President; and these, with the officers they acting as agents of the states should appoint, were to be the government. All federal acts, then, were to be the acts of the states, through their representatives and servants, and the government consisting of these, could but be subordinate to the creating and electing sovereignties.

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We, the People" of New Jersey. The federal delegates not only approved the plan, but they assured their state that her integrity and sovereignty were safe. Congress, as the agent of the states, sent the plan to New Jersey. The legislature, on the 29th of October, 1787, enacted that a convention should meet at the capital, and "then and there take into consideration the aforesaid constitution, and, if approved of by them, finally to ratify the same, in behalf and on the part of this state." [I. Ell. Deb. 320.]

The convention was held, and the constitution thoroughly discussed by sections; but no debates having been preserved, we must resort to the journals, political writings, etc., of that day, to learn the prevailing ideas. Here is an extract from an address to the people of the state, to induce them to accede: "By whom are those taxes to be laid? By the representatives of the several states in congress, in perfect conformity to that just maxim in free governments, that taxation and representation should go hand in hand. To what purpose are these taxes to be applied? To pay the debts, and provide for the common defence and general welfare of the united states. Although I drew my first breath in New Jersey, and have continued in it during my life, firmly attached to its local interest, yet when I consider the impossibility of its existence, at present, as a sovereign state, without a union with the others, I wish to feel myself more a citizen of the united states than of New Jersey alone." [American Museum, Nov.,

1787.] The idea was to unite the states, to preserve their sovereignty, and the involved blessings of their respective citizens. The following extract is instructive: "The convention of New Jersey was composed of accomplished civilians, able judges, experienced generals, and honest farmers." As "the groundwork of its proceedings " it "resolved that the federal constitution be read by sections; upon which the general question shall be taken, whether this convention, in the name and behalf of the people of this state, do ratify and confirm the said constitution." [Massachusetts Centinel, Jan. 6, 1788.]

New Jersey unanimously ratified as follows: "In convention of the state of New Jersey. . . . Now be it known that we, the delegates of the state of New Jersey, chosen by the people thereof for the purpose aforesaid, having maturely deliberated on and considered the aforesaid proposed constitution, do hereby, for and on behalf of the people of the said state of New Jersey, agree to ratify and confirm the same, and every part thereof. Done in convention, by the unanimous consent of the members present, this eighteenth day of December, A.D. 1787."

The federal constitution and government have no existence or power in New Jersey, except by virtue of this ordinance. This, as to her, constitutes the league called the federal constitution.

CHAPTER VI.

PENNSYLVANIA FEDERALIZES HERSELF.

THE SECOND TO RATIFY-VOTE, 46 TO 23-DATE, DEC. 12, 1787.

PENNSY

ENNSYLVANIA was the first of the states to call a convention; though the opponents compelled a month's debate, thus allowing Delaware to bear off the honor of the first ratification. It was in the convention of this state, however, that the first grand contest over the new system took place, and the vindication of it is peculiarly significant and interesting. The charges were mainly those we have already reviewed. One-third of the 69 members issued an able address, putting them strongly, and winding up with the assertion that consolidation pervades the whole instrument." The system had just transpired from what was called a "secret conclave," and it was alike seemingly novel and really surprising. The people feared that it would overshadow and gradually destroy the state, while they were intensely anxious to preserve her sovereignty.

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In a subsequent chapter, I shall take Pennsylvania as an exemplar, to exhibit the original formation of an Anglo-American state, and show how thoroughly separate she was in settlement, organization, and government; how the people of the prospective commonwealth were habituated to the traditions and ideas of complete political disconnection, except as to the sovereign, England: how the people of the state were declaredly England's successor in the sovereignty; how all the states joined in acknowledging and guaranteeing each to be sovereign [see art. II. of the first federal compact]; how the statesmen, in all they did, were obliged to obey and conform to, and not impair and destroy, this sovereignty; and, finally, how the federation, being one of republics, named in the compact and remaining unchanged, must, in the nature of things, be and continue purely voluntary. Precisely consonant with these ideas are the explanations of the statesmen of Pennsylvania, now to be given.

She associates as a Sovereign. - TENCH COXE, one of her great leaders, and one of the ablest political writers of that day, explained that the constitution was to be "the act of the people;" "yet," said he, "it is to be done in their capacities as citizens of the several mem

bers of our confederacy, who are declared to be the people of the united states." [Am. Museum for February, 1788.] With express reference to consolidation, he said: "If the federal convention had meant to exclude the idea of 'union'. that is, of several and separate sovereignties joining in a confederacy-they would have said : 'We, the people of America;' for union necessarily involves the idea of competent states, which complete consolidation excludes." [Ibid.] In reference to the senators in congress, he said: "Each of whom will be chosen by the legislature of a free, sovereign, and independent state." [Am. Museum for October, 1787.] And in meeting the objection that the new constitution contained no bill of rights, he wrote as follows: "The old federal constitution contained many of the same things, which, from error or disingenuousness, are urged against the new one. Neither of them has a bill of rights; nor does either notice the liberty of the press, because they are already provided for by the state constitutions; and, relating only to personal rights, they could not be mentioned in a contract among sovereign states." [Ibid.] Here we have the idea, so frequently brought to view, that personal or private rights are already secured by the social compact, the obligation of which requires the body-politic or state to protect them; and that the great object of the federal compact was to make the securers secure, that is, to unite the states for their common defence and general welfare.

JAMES WILSON, a leading member of both the federal and state conventions, one of the very first statesmen of that period, and afterwards one of the federal supreme judges, said, in the ratifying convention, to allay the fear that the state governments might not be preserved, that "upon their existence depends the existence of the federal plan." In answering the question where sovereignty resided, he said: "The supreme, absolute, and uncontrollable power is in the people, before they make a constitution, and remains in them after it is made. . . The sovereignty resides in the people. This principle settled, they can take from the state governments powers with which they have hitherto trusted them, and place them in the general government, if it is thought they will there be productive of more good." Of course, he could only mean that the authority which formed the state government could withdraw and redelegate the said "powers," and this could but be the state as a commonwealth of people. The following extracts show this. He compared "the advantages and necessity of civil government among individuals with those of "a federal government among states." Of course, he knew that in the self-formation of a free society of men or states, the integrity of the constituents must be preserved. In none of his speeches or writings does he disregard

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