The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
| II. |
ORIGIN OF THE CONSTITUTIONAL CONVENTION.
A SKETCH NEVER FINISHED NOR APPLIED.
|
 | The writings of James Madison, |  |
ORIGIN OF THE CONSTITUTIONAL CONVENTION.
A SKETCH NEVER FINISHED NOR APPLIED.[117]
As the weakness and wants of man naturally lead to an association
of individuals under a Common Authority, whereby each
may have the protection of the whole against danger from without,
and enjoy in safety within, the advantages of social intercourse,
and an exchange of the necessaries & comforts of life; in like
manner feeble communities, independent of each other, have resorted
to a Union, less intimate, but with common Councils, for
the common safety agst. powerful neighbors, and for the preservation
of justice and peace among themselves. Ancient history
furnishes examples of these confederal[118]
associations, tho' with a
very imperfect account, of their structure, and of the attributes
and functions of the presiding Authority. There are examples of
modern date also, some of them still existing, the modifications
and transactions[119]
of which are sufficiently known.
It remained for the British Colonies, now United States, of
North America, to add to those examples, one of a more interesting
character than any of them[120]
which led to a system without an
example[121]
ancient or modern, a system founded on popular rights,
and so combining a federal form with the forms of individual
Republics, as may enable each to supply the defects of the other
and obtain that advantage of both.
Whilst the Colonies enjoyed the protection of the parent
Country as it was called, against foreign danger; and were secured
they continued independent of each other, under a common, tho'
limited dependence, on the Parental Authority. When however
the growth of the offspring in strength and in wealth, awakened
the jealousy and tempted the avidity of the parent, into schemes
of usurpation & exaction,[122] the obligation was felt by the former
of uniting their Counsels and efforts, to avert the impending
calamity.
As early as the year 1754, indications having been given of a
design[123]
in the British government to levy contributions on the
Colonies, without their consent; a meeting of Colonial deputies
took place at Albany, which attempted to introduce a compromising
substitute, that might at once satisfy the British requisitions,
and save their own rights from violation. The attempt had no
other effect, than by bringing these rights into a more conspicuous
view, to invigorate the attachment to them, on the one side; and
to nourish the haughty & encroaching spirit on the other.
In 1774. The progress made by G. B. in the open assertion of
her pretensions, and the apprehended purpose of otherwise maintaining
them by Legislative enactments and declarations, had been
such that the Colonies did not hesitate to assemble, by their
deputies, in a formal Congress, authorized to oppose to the British
innovations whatever measures might be found best adapted to
the occasion; without however losing sight of an eventual reconciliation.
The dissuasive[124]
measures of that Congress, being without
effect, another Congress was held[125]
in 1775, whose pacific
efforts to bring about a change in the views of the other
party, being equally unavailing, and the commencement of
actual hostilities having at length put an end to all hope of reconciliation;
the Congress finding moreover that the popular voice
began to call for an entire & perpetual dissolution of the political
ties which had connected them with G. B., proceeded on the
memorable 4th of July, 1776 to declare the 13 Colonies Independent
States.
During the discussions of this solemn. Act, a Committee consisting
of member from each colony had been appointed, to prepare
& digest a form of Confederation, for the future management
of the Common interests, which had hitherto been left to the discretion
of Congress, guided by the exigencies of the contest, and
by the known intentions or occasional instructions of the Colonial
Legislatures.
It appears that as early as the 21st. July 1775, A plan entitled
"Articles of Confederation & perpetual Union of the Colonies,"
had been sketched by Docr. Franklin, The plan being on that day
submitted by him to Congress; and tho' not copied into their
Journals remaining on their files in his handwriting. But notwithstanding
the term "perpetual" observed in the title, the
articles provided expressly for the event of a return of the Colonies
to a connection with G. Britain.
This sketch became a basis for the plan reported by the Come.
on the 12th. of July, now also remaining on the files of Congress, in
the handwriting of Mr. Dickinson. The plan, tho' dated after
the Declaration of Independence, was probably drawn up before
that event; since the name of Colonies, not States is used throughout
the draught. The plan reported, was debated and amended
from time to time, till the 17th. of November 1777, when it was
agreed to by Congress, and proposed to the Legislatures of the
States, with an explanatory and recommendatory letter. The
ratifications of these by their Delegates in Congs. duly authorized
took place at successive dates, but were not compleated till
March 1, 1781, when Maryland who had made it a prerequisite[126]
that the vacant lands acquired from the British Crown should be
a common fund, yielded to the persuasion that a final & formal
establishment of the federal Union & Govt. would make a favorable
impression not only on other foreign Nations, but on G. B.
herself.
The great difficulty experienced in so framing the fedl. system
as to obtain the unanimity required for its due sanction, may be
inferred from the long interval, and recurring discussions, between
the commencement and completion of the work; from the changes
it to the States, wch dwelt on the impracticability of devising
a system acceptable to all of them; from the reluctant assent
given by some; and the various alterations proposed by others;
and by tardiness in others again which produced a special address
to them from Gongs. enforcing the duty of sacrificing local considerations
and favorite opinions to the public safety, and the
necessary harmony: Nor was the assent of some of the States
finally yielded without strong protests against particular articles,
and a reliance on future amendments removing their objections.
It is to be recollected, no doubt, that these delays might be
occasioned in some degree, by an occupation of the Public
Councils both general & local, with the deliberations and measures,
essential to a Revolutionary struggle; But there must have
been a balance for these causes, in the obvious motives to hasten
the establishment of a regular and efficient Govt. and in the tendency
of the crisis to repress opinions and pretensions,[127]
which
might be inflexible in another state of things.
The principal difficulties which embarrassed the progress, and
retarded the completion of the plan of Confederation, may be
traced to 1. the natural repugnance[128]
of the parties to a relinquishment
of Power; 2 a natural jealousy of its abuse in other
hands than their own; 3 the rule of suffrage among parties unequal
in size, but equal in sovereignty; 4 the ratio of Contributions
in money and in troops, among parties, whose inequality in
size did not correspond with that of their wealth, or of their military
or free population; 5, the selection and definition of the
powers, at once necessary to the federal head, and safe to the
several members.
To these sources of difficulty, incident to the formation of all
such Confederacies, were added two others one of a temporary,
the other of a permanent nature. The first was the case of the
Crown lands, so called because they had been held by the British
Crown, and being ungranted to individuals when its authority
ceased, were considered by the States within whose charters or
by the others, that being wrested from the dethroned
Authority, by the equal exertions of all, they resulted of right and
in equity to the benefit of all. The lands being of vast extent and
of growing value, were[129] the occasion of much discussion & heartburning;
& proved the most obstinate of the impediments to an
earlier consummation of the plan of federal Govt. The State of
Maryland the last that acceded to it held out as already noticed,
till the 1. March 1781 and then yielded only to the hope that by
giving a stable & authoritative character to the Confederation,
a successful termination of the Contest might be accelerated.
The dispute was happily compromised by successive surrenders
of portions of the territory by the States having exclusive claims
to it, and acceptances of them by Congress.
The other source of dissatisfaction was the peculiar situation of
some of the States, which having no convenient ports for foreign
commerce, were subject to be taxed by their neighbors, thro' whose
ports, their commerce was carried on. New Jersey placed between
Philaa & N. York, was likened to a cask tapped at both ends; And
N. Carolina, between Virga & S. Carolina to a patient bleeding at
both Arms. The Articles of Confederation provided no remedy[130]
for the complaint; which produced a strong protest on the part of
N. Jersey; and never ceased to be a source of dissatisfaction &
discord, until the new Constitution superseded the old.
But the radical infirmity of the "Arts. of Confederation" was
the dependence of Congs. on the voluntary and simultaneous compliance
with its Requisitions, by so many independent Communities,
each consulting more or less its particular interests & convenience
and distrusting the compliance of the others. Whilst the paper
emissions of Congt. continued to circulate they were employed as
a sinew of war, like gold & silver. When that ceased to be the
case, and the fatal defect of the political System was felt in its
alarming force, the war was merely kept alive and brought to a
successful conclusion by such foreign aids and temporary expedients
as could be applied; a hope prevailing with many, and a wish
with all, that a state of peace, and the sources of prosperity opened
which had been inferred from its theory.
The close of the war however brought no cure for the public
embarrassments. The States relieved from the pressure of foreign
danger, and flushed with the enjoyment of independent and sovereign
power; (instead of a diminished disposition to part with it),
persevered in omissions and in measures incompatible with their
relations to the Federal Govt. and with those among themselves.
Having served as a member of Congs. through the period between
Mar. 1780 & the arrival of peace in 1783,1 had become intimately
acquainted with the public distresses and the causes of them. I
had observed the successful opposition to every attempt to procure
a remedy by new grants of power to Congs. I had found moreover
that despair of success hung over the compromising provision of
April 1783, for the Public necessities, which had been so elaborately
planned and so impressively recommended to the States.[131]
Sympathizing, under this aspect of affairs, in the alarm of the
friends of free Govt. at the threatened danger of an abortive result
to the great & perhaps last experiment in its favour, I could not
be insensible to the obligation to co-operate as far as I could in
averting the calamity. With this view I acceded to the desire of
my fellow Citizens of the County that I should be one of its representatives
in the Legislature, hoping that I might there best
contribute to inculcate the critical posture to which the Revolutionary
cause was reduced, and the merit of a leading agency of
the State in bringing about a rescue of the Union, and the blessings[132]
of liberty staked on it, from an impending catastrophe.
It required but little time after taking my seat in the House of
Delegates in May 1784, to discover that however favorable the
general disposition of the State might be towards[133]
the Confederacy
the Legislature retained the aversion of its predecessors to transfers
of power from the State to the Govt. of the Union; notwithstanding
the urgent demands of the Federal Treasury; the glaring
inadequacy of the authorized mode of supplying it, the rapid
among the States[134] by their conflicting regulations.
The temper of the Legislature & the wayward course of its proceedings
may be gathered from the Journals of its Sessions in the
years 1784 & 1785.
The failure however of the varied propositions in the Legislature,
for enlarging the powers of Congress, the continued failure
of the efforts of Congr to obtain from them the means of providing
for the debts of the Revolution; and of countervailing the commercial
laws of G. B., a source of much irritation & agst. which the
separate efforts of the States were found worse than abortive; these
Considerations with the lights thrown on the whole subject, by the
free & full discussion it had undergone led to a general acquiescence
in the Resoln. passed on the 21. of Jany 1786, which proposed
& invited a meeting of Deputies from all the States to—insert the
Resol. (See Journal.)[135]
The resolution had been brought forward some weeks before
on the failure of a proposed grant of power to Congress to collect
a revenue from commerce, which had been abandoned by its
friends in consequence of material alterations made in the grant
by a Committee of the whole. The Resolution Tho introduced
by Mr. Tyler an influential member, who having never served in
Congress, had more the ear of the House than those whose services
there exposed them to an imputable bias, was so little acceptable
that it was not then persisted in. Being now revived by him, on
the last day of the Session, and being the alternative of adjourning
without any effort for the crisis in the affairs of the Union, it obtained
a confidence in the success of the experiment than from a hope
that it might prove a step to a more comprehensive & adequate
provision for the wants of the Confederacy.
It happened also that Commissioners appointed by Virga &
Maryd to settle the jurisdiction on waters dividing the two States
had, apart from their official reports, recom̃ended a uniformity in
the regulations of the 2 States on several subjects & particularly
on those having relation to foreign trade. It appeared at the time
that Maryd. had deemed a concurrence of her neighbors, Pena &
Delaware, indispensable in such a case, who for like reasons would
require that of their neighbors. So apt and forcible an illustration
of the necessity of a uniformity throughout all the States
could not but favour the passage of a Resolution which proposed
a Convention having that for its object.
The com̃issioners appointed by the Legisl: & who attended the
Convention were E. Randolph the attorney of the state St. Geo:
Tucker & J. M. The designation of the time & place to be proposed
for its meeting, and communicated to the states having been
left to the Com" they named for the time early September and for
the place the City of Annapolis avoiding the residences of Congs.
and large Comercial Cities as liable to suspicions of an extraneous
influence.
Altho' the invited Meeting appeared to be generally favored,
five states only assembled; some failing to make appointments, and
some of the individuals appointed not hastening their attendance,
the result in both cases being ascribed mainly, to a belief that the
time had not arrived for such a political reform, as might be expected
from a further experience of its necessity.
But in the interval between the proposal of the Convention, and
the time of its meeting such had been the advance of public
opinion in the desired direction, stimulated as it had been by the
effect of the contemplated object, of the meeting, in turning the
general attention to the Critical State of things, and in calling
forth the sentiments and exertions of the most enlightened & influential
patriots, that the Convention thin as it was did not scruple
to decline the limited task assigned to it and to recommend to the
States a Convention with powers adequate to the occasion. Nor
had extended its object to a general provision for the exigencies of
the Union A recommendation for this enlarged purpose was accordingly
reported by a Come. to whom the subject had been
referred. It was drafted by Col: H., and finally agreed to unanimously
in the following form. Insert it.[136]
The recommendation was well recd. by the Legislature of Virga.,
which happened to be the first that acted on it, the example of her
compliance was made as conciliatory and impressive as possible.
The Legislature were unanimous or very nearly so on the occasion,
and as a proof of the magnitude & solemnity attached to it,
they placed Genl. W. at the head of the Deputation from the
State; and as a proof of the deep interest he felt in the case he
overstepped the obstacles to his acceptance of the appointment.[137]
The law[138]
complying with the recommendation[139]
from Annapolis
was in the terms following:[140]
A resort to a General Convention to remodel the Confederacy,
was not a new idea. It had entered at an early date into the conversations
and speculations of the most reflecting & foreseeing
In a pamphlet published in May 81 at the seat of Congs. Pelatiah
Webster an able tho' not conspicuous Citizen, after discussing the
fiscal system of the U. States, and suggesting among other remedial
provisions including national Bank remarks that "the
Authority of Congs, at present is very inadequate to the performance
of their duties; and this indicates the necessity of their
calling a Continental Convention for the express purpose of ascertaining,
defining, enlarging and limiting, the duties & powers of
their Constitution."
On the 1. day of Apl., 1783, Col: Hamilton, in a debate in Congs.
observed that[142]
He alluded probably to (see life of Schuyler in Longacre[143] —)
It does not appear however that his expectation had been
fulfilled.
In a letter to J. M. from R. H. Lee then President of Congs.
dated Novr 26, 1784 He says:[144]
The answer of J. M. remarks[145]
In 1785, Noah Webster whose pol & other valuable writings
had made him known to the Public, in one of his publications,
of American policy brought into view the same resort for supplying
the defects Fedl System (see his life in Longacre)[146]
The proposed & expected Convention at Annapolis the first of
a general character that appears to have been realized, & the
state of the public mind awakened by it, had attracted the particular
attention of Congs and favored the idea there of a Convention
with fuller powers for amending the Confederacy. to J.
M. letters of Monroe of Grayson.[147]
It does not appear that in any of these cases, the reform system
was to be otherwise sanctioned than by the Legislative authy of
the States; nor whether nor how far a change was to be made in
the structure of the Depository of the Federal powers.
The act of Virga providing for the Convention at Philada., was
succeeded by appointments from the other states as their Legislatures
were assembled, the appointments being selections from the
most experienced & highest[148]
standing Citizens. Rh. Is. was the
only exception to a compliance with the recommendation from
Annapolis, well known to have been swayed by an obdurate adherence
to an advantage which her position gave her of taxing her
neighbors thro' their consumption of imported supplies, an advantage
which it was forseen would be taken from her by a revisal
of the "articles of Confederation."
As the pub. mind had been ripened for a salutary Reform of
the pol. System, in the interval between the proposal & the meeting
of the Comrs. at Annapolis, the interval between the last event,
and the meeting of Deps at Phila had continued to develope more
& more the necessity & the extent of a systematic provision for
the preservation and Govt of the Union. Among the ripening
incidents was the Insurrection of Shays, in Massts., against her
Govt.; which was with difficulty suppressed, notwithstanding the
influence on the insurgents of an apprehended interposition of the
Fedl. troops.
At the date of the Convention, the aspect & retrospect of the
pol. condition of the U. S. could not but fill the pub. mind with a
gloom which was relieved only by a hope that so select a Body
would devise an adequate remedy for the existing and prospective
evils so impressively demanding it.
It was seen that the public debt rendered so sacred by the
for its payment. The reiterated and elaborate efforts of
Cong. to procure from the States a more adequate power to raise
the means of payment had failed. The effect of the ordinary
requisitions of Congress had only displayed the inefficiency of
the authy making them; none of the States having duly complied
with them, some having failed altogether or nearly so; and in one
instance, that of N. Jersey, a compliance was expressly refused;
nor was more yielded to the expostulations of members of Congs
deputed to her Legislature, than a mere repeal of the law, without
a compliance (see letter of Grayson to J. M.).
The want of Authy in Congs. to regulate Commerce had produced
in Foreign nations particularly G. B., a monopolizing policy
injurious to the trade of the U. S., and destructive to their navigation;
the imbecility and anticipated dissolution of the Confederacy
extinguishg all apprehensions of a Countervailing policy on
the part of the U. States.
The same want of a general power over Commerce led to an
exercise of the power separately, by the States, wch. not only
proved abortive, but engendered rival, conflicting and angry regulations.
Besides the vain attempts to supply their respective
treasuries by imposts, which turned their commerce into the
neighbouring ports, and to coerce a relaxation of the British monopoly
of the W. Inda. navigation, which was attempted by Virginia,[149]
(see Journal of [OMITTED]) the States having ports for foreign commerce,
taxed & irritated the adjoining States, trading thro' them,
as N. Y., Pena., Virga & S. Carolina. Some of the States, as Connecticut,
taxed imports as from Massts, higher than imports even
from G. B. of wch Massts. complained to Virga. and doubtless to
other States (see letter of J. M.). In sundry instances as of N. Y.,
N. J., Pa. & Maryld, (see [OMITTED]). The navigation laws treated the
Citizens of other States as aliens.
In certain cases the Authy of the Confederacy was disregarded,
as in violation not only of the Treaty of peace; but of Treaties
with France & Holland, which were complained of to Congs.
In other cases the Fedl Authy was violated by Treaties &
wars with Indians, as by Geo.; by troops raised & kept up witht.
the consent of Congs, as by Massts.; by compacts witht. the consent
of Congs., as between Pena. and N. Jersey, and between Virga &
Maryld. From the Legisl: Journals of Virga it appears, that a
vote refusing to apply for a sanction of Congs was followed by a
vote agst the communication of the Compact to Congs.
In the internal administration of the States a violation of Contracts
had become familiar in the form of depreciated paper made
a legal tender, of property substituted for money, of Instalment
laws, and of the occlusions of the Courts of Justice; although
evident that all such interferences affected the rights of other
States, Relatively creditor, as well as Citizens Creditors within
the State.
Among the defects which had been severely felt was that of a
uniformity in cases requiring it, as laws of naturalization and
bankruptcy, a Coercive authority operating on individuals and a
guaranty of the internal tranquillity of the States.
As a natural consequence of this distracted and disheartening
condition[150]
of the union, the Fedl Authy had ceased to be respected
abroad, and dispositions were shewn there, particularly
in G. B., to take advantage of its imbecility, and to speculate on
its approaching downfall: At home it had lost all confidence &
credit; the unstable and unjust career of the States had also forfeited
the respect & confidence essential to order and good Govt.
involving a general decay of confidence between Man & man.
It was found moreover that those least partial to popular Govt, or
most distrustful of its efficacy were yielding to anticipations, that
from an increase of the confusion a Govt. might result more congenial
with their taste or their opinions. Whilst those most devoted
to the principles and forms of Republics, were alarmed for
the cause of liberty itself, at stake in the American Experiment,
and anxious for a system that wd. avoid the inefficacy of a mere
confederacy without passing into the opposite extreme of a consolidated
govt. It was known that there were individuals who had
betrayed a bias towards Monarchy (see Knox to G. W. and him
unfavorable to a partition of the Union into several Confederacies;
either from a better chance of figuring on a Sectional
Theatre, or that the Sections would require stronger Govts, or by
their hostile conflicts lead to a monarchical consolidation. The
idea of a dismemberment had recently made its appearance in
the Newspapers.
Such were the defects, the deformities, the diseases and the
remedy, and which ought never to be overlooked in expounding
& appreciating the Constitutional Charter, the remedy that was
provided.
As a sketch on paper, the earliest perhaps wch. of a Constitutional
Govt for the Union (organized into the regular Departments
with physical means operating on individuals) to be sanctioned
character, was contained in a letter from J. M. of Apl 8 1787 to
Govr. Randolph, a copy of the latter is here inserted.
The feature in the letter which vested in the general Authy a
negative on the laws of the States, was suggested by the negative
in the head of the British Empire, which prevented collisions between
the parts & the whole, and between the parts themselves.
It was supposed that the substitution, of an elective and responsible
authority for an hereditary and irresponsible one, would avoid
the appearance even of a departure from the principle of Republicanism.
But altho' the subject was so viewed in the Convention,
and the votes on it were more than once equally divided, it
was finally & justly abandoned, as apart from other objections
it was not practicable among so many states increasing in number
and enacting each of them so many laws. Instead of the
proposed negative, the objects of it were left as finally provided
for in the Constitution.
On the arrival of the Virginia Deputies at Philada, it occurred
to them that from the early and prominent part taken by that
State in bringing about the Convention some initiative step might
be expected from them. The Resolutions introduced by Governor
Randolph were the result of a Consultation on the subject;
with an understanding that they left all the Deputies entirely open
or modifications which their reflections and judgments might approve.
The Resolutions as the Journals shew became the basis
on which the proceedings of the Convention commenced, and to
the developments, variations and modifications of which the plan
of Govt. proposed by the Convention may be traced.
The curiosity I had felt during my researches into the History
of the most distinguished Confederacies, particularly those of
antiquity, and the deficiency I found in the means of satisfying it
more especially in what related to the process, the principles, the
reasons, & the anticipations, which prevailed in the formation of
them, determined me to preserve as far as I could an exact
account of what might pass in the Convention whilst executing its
trust, with the magnitude of which I was duly impressed, as I was
with the gratification promised to future curiosity by an authentic
exhibition of the objects, the opinions, & the reasonings from
which the new System of Govt. was to receive its peculiar structure
& organization. Nor was I unaware of the value of such a contribution
to the fund of materials for the History of a Constitution
on which would be Staked the happiness of a people great
even in its infancy, and possibly[152]
the cause of liberty throughout
the world.
In pursuance of the task I had assumed I chose a seat in front
of the presiding member, with the other members on my right &
left hands. In this favorable position for hearing all that passed,
I noted in terms legible & in abbreviations & marks intelligible to
myself what was read from the Chair or spoken by the members;
and losing not a moment unnecessarily between the adjournment
& reassembling of the Convention I was enabled to write out my
daily notes during the session or within a few finishing days after
its close, in the extent and form preserved in my own hand on my
files.
In the labor and correctness of this I was not a little aided by
practice, and by a familiarity with the style and the train of observation
and reasoning which characterized the principal speakers.
It happened, also, that I was not absent a single day, nor
not have lost a single speech unless a very short one.
It may be proper to remark, that, with a very few exceptions,
the speeches were neither furnished, nor revised, nor sanctioned,
by the speakers, but written out from my notes, aided by the
freshness of my recollections. A further remark may be proper,
that views of the subject might occasionally be presented, in the
speeches and proceedings, with a latent reference to a compromise
on some middle ground, by mutual concessions. The exceptions
alluded to were,—first, the sketch furnished by Mr.
Randolph of his speech on the introduction of his propositions,
on the twenty-ninth day of May; secondly, the speech of Mr.
Hamilton, who happened to call on me when putting the last hand
to it, and who acknowledged its fidelity, without suggesting more
than a very few verbal alterations which were made; thirdly, the
speech of Gouverneur Morris on the second day of May, which
was communicated to him on a like occasion, and who acquiesced
in it without even a verbal change. The correctness of his language
and the distinctness of his enunciation were particularly
favorable to a reporter. The speeches of Doctor Franklin, excepting
a few brief ones, were copied from the written ones read
to the Convention by his colleague, Mr. Wilson, it being inconvenient
to the Doctor to remain long on his feet.
Of the ability and intelligence of those who composed the Convention
the debates and proceedings may be a test; as the character
of the work which was the offspring of their deliberations
must be tested by the experience of the future, added to that of
nearly half a century which has passed.
But whatever may be the judgment pronounced on the
competency of the architects of the Constitution, or whatever
may be the destiny of the edifice prepared by them, I
feel it a duty to express my profound and solemn conviction, derived
from my intimate opportunity of observing and appreciating
the views of the Convention, collectively and individually,
that there never was an assembly of men, charged with a great
and arduous trust, who were more pure in their motives, or more
exclusively or anxiously devoted to the object committed to them,
than were the members of the Federal Convention of 1787, to the
should best supply the defects of that which it was to replace, and
best secure the permanent liberty and happiness of their country.
From the context it would appear that this sketch was written about the
year 1835, when Madison was preparing for posthumous publication his journal
of the constitutional convention. It is an exceedingly rough draft, written
upon separate slips of paper, and some of these slips have been lost since Gilpin
used the sketch in his edition of Madison's Works (1840). The Bulletin of the
Bureau of Rolls and Library, Department of State, No. 9, October, 1897,
contained about a fifth part of the sketch, but since then all of it has been
found, except the last four paragraphs which are reprinted here from the Gilpin
edition.
"Resolved, that Edmund Randolph, James Madison, Jr., Walter Jones, St.
George Tucker, and Meriwether Smith, Esquires, be appointed Commissioners,
who, or any three of whom, shall meet such Commissioners as may be appointed
in the other States of the Union, at a time and place to be agreed on, to take
into consideration, the trade of the United States; to examine the relative situations
and trade of said States; to consider how far a uniform system in their
commercial regulations may be necessary to their common interest and their
permanent harmony; and to report to the several States such an act, relative to
this great object, as, when unanimously ratified by them, will enable the United
States in Congress effectually to provide for the same." See Madison's letter
of Jany. 22, 1786, to Jefferson.
The adoption of the address was the only thing done by the Annapolis meeting.
The draft was submitted by Hamilton at a conference and some of the
more radical features were toned down at the insistence of Randolph. Madison
said to Hamilton: "You had better yield to this man, for otherwise all Virginia
will be against you."—Morse's Hamilton, I, 167, The address was as follows:
* * * "Deeply impressed, however, with the magnitude and importance
of the object confided to them on this occasion, your Commissioners cannot forbear
to indulge an expression of their earnest and unanimous wish, that speedy
measures may be taken to effect a general meeting of the States in a future
Convention, for the same and such other purposes, as the situation of public affairs
may be found to require.
"If, in expressing this wish, or in intimating any other sentiment, your Commissioners
should seem to exceed the strict bounds of their appointment, they
entertain a full confidence, that a conduct dictated by an anxiety for the welfare
of the United States will not fail to receive an indulgent construction.
"In this persuasion, your Commissioners submit an opinion, that the idea of
extending the powers of their Deputies to other objects than those of commerce,
which has been adopted by the State of New Jersey, was an improvement on
the original plan, and will deserve to be incorporated into that of a future Convention.
They are the more naturally led to this conclusion, as, in the course
of their reflections on the subject, they have been induced to think that the
power of regulating trade is of such comprehensive extent, and will enter so far
into the general system of the Federal Government, that to give it efficacy, and
to obviate questions and doubts concerning its precise nature and limits, may
require a correspondent adjustment of other parts of the Federal System.
"That there are important defects in the system of the Federal Government,
is acknowledged by the acts of all those States which have concurred in the
present meeting. That the defects, upon a closer examination, may be found
greater and more numerous than even these acts imply, is at least so far probable,
from the embarrassments which characterize the present state of our national
affairs, foreign and domestic, as may reasonably be supposed to merit a
deliberate and candid discussion, in some mode which will unite the sentiments
and councils of all the States. In the choice of the mode, your Commissioners
are of opinion, that a Convention of deputies from the different States, for the
special and sole purpose of entering into this investigation, and digesting a
plan for supplying such defects as may be discovered to exist, will be entitled
to a preference, from considerations which will occur without being particularized.
"Your Commissioners decline an enumeration of those national circumstances
on which their opinion, respecting the propriety of a future Convention with
more enlarged powers, is founded; as it would be an useless intrusion of facts
and observations, most of which have been frequently the subject of public discussion,
and none of which can have escaped the penetration of those to whom
they would in this instance be addressed. They are, however, of a nature so
serious, as, in the view of your Commissioners, to render the situation of the
United States delicate and critical, calling for an exertion of the united virtue
and wisdom of all the members of the Confederacy.
"Under this impression, your Commissioners, with the most respectful deference,
beg leave to suggest their unanimous conviction, that it may essentially
tend to advance the interests of the Union, if the States by whom they have
been respectively delegated would themselves concur, and use their endeavors
to procure the concurrence of the other States, in the appointment of Commissioners,
to meet at Philadelphia on the second Monday in May next, to take
into consideration the situation of the United States; to devise such further provisions
as shall appear to them necessary to render the constitution of the Federal
Government adequate to the exigencies of the Union; and to report such
an act for that purpose, to the United States in Congress assembled, as, when
agreed to by them, and afterwards confirmed by the Legislatures of every State,
will effectually provide for the same.
"Though your Commissioners could not with propriety address these observations
and sentiments to any but the States they have the honor to represent,
they have nevertheless concluded, from motives of respect, to transmit copies
of this Report to the United States in Congress assembled, and to the Executives
of the other States."
It was written by Madison:
"Whereas, the Commissioners who assembled at Annapolis, on the fourteenth
day of September last, for the purpose of devising and reporting the means of
enabling Congress to provide effectually for the commercial interests of the
United States, have represented the necessity of extending the revision of the
Federal system to all its defects; and have recommended that deputies for
that purpose be appointed by the several Legislatures, to meet in Convention
in the City of Philadelphia, on the second Monday of May next,—a provision
which seems preferable to a discussion of the subject in Congress, where it
might be too much interrupted by the ordinary business before them, and
where it would, besides, be deprived of the valuable counsels of sundry individuals
who are disqualified by the constitutions or laws of particular States,
or restrained by peculiar circumstances from a seat in that Assembly:
"And whereas, the General Assembly of this Commonwealth, taking into
view the actual situation of the Confederacy, as well as reflecting on the
alarming representations made from time to time, by the United States in Congress,
particularly in their act of the fifteenth day of February last, can no
longer doubt that the crisis is arrived at which the good people of America are
to decide the solemn question, whether they will, by wise and magnanimous
efforts, reap the just fruits of that independence which they have so gloriously
acquired, and of that union which they have cemented with so much of their
common blood; or whether, by giving way to unmanly jealousies and prejudices,
or to partial and transitory interests, they will renounce the auspicious
blessings prepared for them by the Revolution, and furnish to its enemies
an eventual triumph over those, by whose virtue and valour, it has been
accomplished:
"And whereas, the same noble and extended policy, and the same fraternal
and affectionate sentiments, which originally determined the citizens of this
Commonwealth to unite with their brethren of the other States, in establishing
a federal government, cannot but be felt with equal force now, as motives to
lay aside every inferior consideration, and to concur in such farther concessions
and provisions, as may be necessary to secure the great objects for which that
government was instituted, and to render the United States as happy in
peace, as they have been glorious in war.
"Be it, therefore, enacted, by the General Assembly of the Commonwealth
of Virginia, That seven Commissioners be appointed by joint ballot of both
Houses of Assembly, who, or any three of them, are hereby authorized as
Deputies of this Commonwealth, to meet such Deputies as may be appointed
and authorized by other States, to assemble in Convention at Philadelphia, as
above recommended, and to join with them in devising and discussing all such
alterations and farther provisions, as may be necessary to render the Federal
Constitution adequate to the exigencies of the Union; and in reporting such an act
for that purpose, to the United States in Congress, as when agreed to by them,
and duly confirmed by the several States, will effectually provide for the same.
"And be it further enacted, That in case of the death of any of the said
deputies, or of their declining their appointments, the Executive are hereby
authorized to supply such vacancies; and the Governor is requested to transmit
forthwith a copy of this act to the United States in Congress, and to the Executives
of each of the States in the Union."
—he wished to see a general convention with the object of strengthening
the federal constitution instead of several conventions of representatives of the
several sections of the country. Vol. i., 439, of this edition.
The reference is incorrect, and should be to the sketch of Hamilton in
Longacre, Vol. ii.: "The same legislature [of 1782] that appointed him
[Hamilton] unanimously passed resolutions, introduced into the senate by
General Schuyler, declaring that the confederation was defective in not giving
congress power to provide revenue for itself, or in not investing them with
funds from established and productive sources; and that it would be advisable
to revise and amend the confederation."
—that a general convention to revise the articles of confederation is being
talked about in congress.
—that he favors the project, but doubts if it is favored in Virginia. See
his letter to Lee, December 24, 1784, ante.
Cf. the letters of Monroe to Madison, December 26, 1785, February 11 and
March 19, 1786. Writings of Monroe, i., 109, 122, 123. The letter of Grayson
is dated New York, March 22, 1786:
* * * * * * * *
"There has been a great contest in Jersey for the Argent papier; but though
it went triumphantly through the lower house, it was lost in the Council, 8 to 5,
—some of the Members who were adverse to it, have been burnt in effigy, in
particular Colo. Ogden at or near Elizabeth town: the old Governor was drawn
up to the Stake but pardoned, on account of his having been the first magistrate:
This same Jersey bill was one of the most iniquitous things I ever saw
in my life; the money was a tender; if it was refused, the debt was suspended
for 12 years, in the mean time the act of limitation ran of course, which in effect
destroyed it.—Jersey has not been singular in her attempts at cheating: in this
place a bill is depending, of the same purport as that of Jersey, & which it is
probable will pass, although it is violently opposed by the upright & respectable
part of the Commy. The Antients were surely men of more candor than We
are; they contended openly for an abolition of debts in so many words, while
we strive as hard for the same thing under the decent & specious pretense of
a circulating medium. Montesquieu was not wrong when he said the democratical
might be as tyranical as the despotic, for where is there a greater act of
despotism than that of issuing paper to depreciate for the purpose of paying
debts, on easy terms; If Lord Effingham is right that an act agt. the Constitution
is void, surely paper money with a tender annexed to it is void for is it not
an attack upon property, the security of which is made a fundamental in every
State in the Union:—There has been some serious thoughts in the minds of
some of the Members of Congress to recommend to the States the meeting of a
general Convention, to consider, of an alteration of the Confederation & there
is a motion to this effect now under Consideration: it is contended that the
present Confederation is utterly inefficient, and that if it remains much longer
in its present State of imbecillity we shall be one of the most contemptible
Nations on the face of the Earth:—for my own part I have not yet made up my
mind on the subject: I am doubtful whether it is not better to bear those ills
we have than fly to others that we know not of: I am however in no doubt
about the weakness of the foederal Government: if it was weaker notwithstanding,
it would answer if the States had power as in the United Netherlands the
foederal Government is weak but the Individual States are strong—It is no
wonder our Government should not work well, being formed on the Dutch
model where circumstances are so materially different:—* * *."
The allusion is to the act of the Virginia Assembly passed January 21,
1786, imposing a tonnage tax of 5s. on vessels of foreigners, described in Madison's letter to Monroe of January 22, 1786, ante.
June 27, 1786, Jay wrote to Washington: "What I most fear is, that the
better kind of people (by which I mean the people who are orderly and industrious,
who are content with their situations, and not uneasy in their circumstances)
will be led by the insecurity of property, the loss of confidence in their
rulers, and the want of public faith and rectitude, to consider the charms of
liberty as imaginary and delusive. A state of uncertainty and fluctuation must
disgust and alarm such men, and prepare their minds for almost any change
that may promise them quiet and security." In the course of his reply Washington
said: "What astonishing changes a few years are capable of producing!
I am told that even respectable characters speak of a monarchical form of government
without horror. From thinking, proceeds speaking, thence to acting
is often but a single step. But how irrevocable and tremendous! what a
triumph for our enemies to verify their predictions!—what a triumph for the
advocates of despotism to find that we are incapable of governing ourselves, and
that systems founded on the basis of equal liberty are merely ideal and fallacious!
Would to God that wise measures may be taken in time to avert the
consequences we have but too much reason to apprehend."—Marshall's Washington
(2d. Ed.), ii., 107, 109.
From New York, October 28, 1786, Knox wrote to Washington as follows:
". . . Our political machine constituted of thirteen independent sovereignties,
have [sic] been constantly operating against each other, and against the
federal head, ever since the peace. The powers of Congress are utterly inadequate
to preserve the balance between the respective States, and oblige them
to do those things which are essential to their own welfare, and for the general
good. The human mind in the local legislatures seems to be exerted, to prevent
the federal constitution from having any beneficial effects. The machine
works inversely to the public good in all its parts. Not only is State against
State, and all against the federal head, but the States within themselves possess
the name only, without having the essential concomitant of government, the
power of preserving the peace, the protection of the liberties and property of
the citizens.
"On the first impression of Faction and licentiousness the fine theoretic government
of Massachusetts has given way, and its laws arrested and trampled
under foot. Men at a distance, who have admired our systems of government,
unfounded in nature, are apt to accuse the rulers, and say that taxes have been
assessed too high and collected too rigidly. This is a deception equal to any
that has hitherto been entertained. It is indeed a fact, that high taxes are the
ostensible cause of the commotions, but that they are the real cause is as far
remote from truth as light from darkness. The people who are the insurgents
have never paid any, or but very little taxes. But they see the weakness of
government; They feel at once their own poverty, compared with the opulent,
and their own force, and they are determined to make use of the latter, in order
to remedy the former. Their creed is 'That the property of the United States
has been protected from the confiscation of Great Britain by the joint exertions
of all, and therefore ought to be the common property of all. And he that attempts
opposition to this creed is an enemy to equity and justice, and ought to
be swept from off the face of the earth.' In a word they are determined to
annihilate all debts public and private and have agrarian Laws, which are
easily affected by the means of unfortunate paper money which shall be a tender
in all cases whatever.
"The numbers of these people amount in Massachusetts to about one fifth
part of several populous counties, and to them may be collected, people of
similar sentiments, from the States of Rhode Island, Connecticut and New
Hampshire so as to constitute a body of 12 or 15000 desperate & unprincipled
men. They are chiefly of the young and active part of the community, more
easily collected than perhaps kept together afterwards. But they will probably
commit overt acts of treason, which will compell them to embody for their own
safety—once embodied they will be constrained to submit to discipline for the
same reason. Having proceeded to this length for which they are now ripe,
we shall have a formidable rebellion against reason, the principles of all government,
and the very name of liberty. This dreadful situation has alarmed
every man of principle and property in New England. They start as from a
dream, and ask what has been the cause of our delusion? what is to afford us
security against the violence of lawless men? Our government must be braced,
changed, or altered to secure our lives and property. We imagined that the
mildness of our government and the virtue of the people were so correspondent,
that we were not as other nations requiring brutal force to support the laws. Bat
we find that we are men, actual men, possessing all the turbulent passions belonging
to that animal and that we must have government proper and adequate
for him. The people of Massachusetts for instance, are far advanced in this doctrine,
and the men of reflection, & principle, are determined to endeavor to establish
a government which shall have the power to protect them in their lawful
pursuits, and which will be efficient in all cases of internal commotions or foreign
invasions. They mean that liberty shall be the basis, a liberty resulting
from the equal and firm administration of the laws. They wish for a general
government of unity as they see the local legislatures, must naturally and necessarily
tend to retard and frustrate all general government.
"We have arrived at that point of time in which we are forced to see our
national humiliation, and that a progression in this line, cannot be productive
of happiness either public or private. Something is wanting and something must
be done or we shall be involved in all the horror of faction and civil war without
a prospect of its termination. Every tried friend to the liberties of his country
is bound to reflect, and to step forward to prevent the dreadful consequences
which will result from a government of events. Unless this is done we shall be
liable to be ruled by an arbitrary and capricious armed tyranny, whose word
and will must be law. . . ."—Wash. MSS.
| The writings of James Madison, | |