The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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Friday June 15th. 1787 |
 | The writings of James Madison, |  |
Friday June 15th. 1787
Mr. Patterson, laid before the Convention the plan
which he said several of the deputations wished to
be substituted in place of that proposed by Mr. Randolph.
After some little discussion of the most
proper mode of giving it a fair deliberation it was
agreed that it should be referred to a Committee of
the Whole, and that in order to place the two plans
in due comparison, the other should be recommitted.
At the earnest request of Mr. Lansing[77]
& some other
gentlemen, it was also agreed that the Convention
should not go into Com̃ittee of the whole on the
subject till tomorrow, by which delay the friends of
the plan proposed by Mr. Patterson wd. be better
prepared to explain & support it, and all would have
an opportuy. of taking copies.[78]
The propositions from N. Jersey moved by Mr.
Patterson were in the words following.
Resd. that the articles of Confederation ought
to be so revised, corrected, & enlarged, as to render
the federal Constitution adequate to the exigencies
of Government, & the preservation of the Union.Resd. that in addition to the powers vested in
the U. States in Congress, by the present existing
articles of Confederation, they be authorized to pass
acts for raising a revenue, by levying a duty or
167duties on all goods or merchandizes of foreign growth
or manufacture, imported into any part of the U.
States, by Stamps on paper, vellum or parchment,
and by a postage on all letters or packages passing
through the general post-office, to be applied to such
federal purposes as they shall deem proper & expedient;
to make rules & regulations for the collection
thereof; and the same from time to time, to
alter & amend in such manner as they shall think
proper, to pass Acts for the regulation of trade &
commerce as well with foreign Nations as with each
other: provided that all punishments, fines, forfeitures
& penalties to be incurred for contravening
such acts rules and regulations shall be adjudged by
the Common law Judiciaries of the State in which
any Offence contrary to the true intent & meaning
of such Acts rules & regulations shall have been committed
or perpetrated, with liberty of commencing
in the first instance all suits & prosecutions for
that purpose in the Superior Common law Judiciary
in such State, subject nevertheless, for the correction
of all errors, both in law & fact in rendering
Judgment, to an appeal to the Judiciary of the
U. States.Resd. that whenever requisitions shall be necessary,
instead of the rule for making requisitions mentioned
in the articles of Confederation, the United
States in Congs. be authorized to make such requisitions
in proportion to the whole number of white &
other free citizens & inhabitants of every age Sex
and condition including those bound to servitude for
168a term of years & three fifths of all other persons not
comprehended in the foregoing description, except
Indians not paying taxes; that if such requisitions
be not complied with, in the time specified therein,
to direct the collection thereof in the non complying
States & for that purpose to devise and pass acts
directing & authorizing the same; provided that
none of the powers hereby vested in the U. States in
Congs. shall be exercised without the consent of at
least——— States, and in that proportion if the
number of Confederated States should hereafter be
increased or diminished.Resd. that the U. States in Congs. be authorized
to elect a federal Executive to consist of——— persons,
to continue in office for the term of———
years, to receive punctually at stated times a fixed
compensation for their services, in which no increase
nor diminution shall be made so as to affect
the persons composing the Executive at the time
of such increase or diminution, to be paid out of the
federal treasury; to be incapable of holding any
other office or appointment during their time of service
and for——— years thereafter: to be ineligible
a second time, & removeable by Congs. on application
by a majority of the Executives of the several
States; that the Executives besides their general
authority to execute the federal acts ought to appoint
all federal officers not otherwise provided for,
& to direct all military operations; provided that
none of the persons composing the federal Executive
shall on any occasion take command of any troops,
169so as personally to conduct any enterprise as General
or in any other capacity.Resd. that a federal Judiciary be established to
consist of a supreme Tribunal the Judges of which
to be appointed by the Executive, & to hold their
offices during good behaviour, to receive punctually
at stated times a fixed compensation for their services
in which no increase nor diminution shall be
made, so as to affect the persons actually in office at
the time of such increase or diminution: that the
Judiciary so established shall have authority to hear
& determine in the first instance on all impeachments
of federal Officers, & by way of appeal in the
dernier resort in all cases touching the rights of Ambassadors,
in all cases of captures from an enemy, in
all cases of piracies & felonies on the high Seas, in all
cases in which foreigners may be interested, in the
construction of any treaty or treaties, or which may
arise on any of the Acts for the regulation of trade,
or the collection of the federal Revenue: that none
of the Judiciary shall during the time they remain
in office be capable of receiving or holding any other
office or appointment during their term of service, or
for——— thereafter.Resd. that all Acts of the U. States in Congs.
made by virtue & in pursuance of the powers hereby
& by the Articles of Confederation vested in them,
and all Treaties made & ratified under the authority
of the U. States shall be the supreme law of the respective
States so far forth as those Acts or Treaties
shall relate to the said States or their Citizens, and
170that the Judiciary of the several States shall be
bound thereby in their decisions any thing in the respective
laws of the Individual States to the Contrary
notwithstanding: and that if any State, or any
body of men in any State shall oppose or prevent
ye. carrying into execution such acts or treaties, the
federal Executive shall be authorized to call forth
ye. power of the Confederated States, or so much
thereof as may be necessary to enforce and compel
an Obedience to such Acts, or an observance of such
Treaties.Resd. that provision be made for the admission
of new States into the Union.Resd. that the rule for naturalization ought to
be same in every State.Resd. that a Citizen of one State committing
an offence in another State of the Union, shall be
deemed guilty of the same offence as if it had been
committed by a Citizen of the State in which the
offence was committed.[79]
1.
2.
3.
4.
5.
6.
7.
8.
9.
Adjourned.
"Mr. Lansing is a practising Attorney at Albany, and Mayor of
that Corporation. He has a hisitation in his speech, that will prevent
his being an Orator of any eminence;—his legal knowledge I am told is
not extensive, nor his education a good one. He is however a Man of
good sense, plain in his manners, and sincere in his friendships. He is
about 32 years of age."—Pierce's Notes, Am. Hist. Rev., iii, 327.
(This plan had been concerted among the deputations or members
thereof, from Cont. N. Y. N. J. Del. and perhaps Mr. Martin from
Maryd who made with them a common cause though on different
principles. Cont. & N. Y. were agst. a departure from the principle of
the Confederation, wishing rather to add a few new powers to Congs.
than to substitute, a National Govt. The States of N. J. & Del. were
opposed to a National Govt. because its patrons considered a proportional
representation of the States as the basis of it. The eagerness
displayed by the members opposed to a Natl. Govt. from these different
motives began now to produce serious anxiety for the result of the
Convention. Mr. Dickenson said to Mr. Madison You see the consequence
of pushing things too far. Some of the members from the
small States wish for two branches in the General Legislature, and are
friends to a good National Government; but we would sooner submit
to foreign power, than submit to be deprived of an equality of suffrage
in both branches of the legislature, and thereby be thrown under the
domination of the large States.)—Madison Note.
"Mr. Madison moved for the report of the committee, and the question
may then come on whether the convention will postpone it in
order to take into consideration the system now offered.
"Mr. Lansing is of opinion that the two systems are fairly contrasted.
The one now offered is on the basis of amending the federal government,
and the other to be reported as a national government, on
propositions which exclude the propriety of amendment. Considering
therefore its importance, and that justice may be done to its weighty
consideration, he is for postponing it a day.
"Col. Hamilton cannot say he is in sentiment with either plan—
supposes both might again be considered as federal plans, and by this
means they will be fairly in committee, and be contrasted so as to make
a comparative estimate of the two."—Yates, Secret Proceedings, etc.,
121, 122.
This copy of Mr. Patterson's propositions varies in a few clauses
from that in the printed Journal furnished from the papers of Mr.
Brearley a colleague of Mr. Patterson. A confidence is felt, notwithstanding,
in its accuracy. That the copy in the Journal is not entirely
correct is shewn by the ensuing speech of Mr. Wilson (June 16) in which
he refers to the mode of removing the Executive by impeachment &
conviction as a feature in the Virga. plan forming one of its contrasts to
that of Mr. Patterson, which proposed a removal on the application of
a majority of the Executives of the States. In the copy printed in the
Journal, the two modes are combined in the same clause; whether
through inadvertence, or as a contemplated amendment, does not
appear.—Madison's Note.
The Journal contains: "6. Resolved, that the legislative, executive,
and judiciary powers within the several states, ought to be bound,
by oath, to support the articles of union," and "9. Resolved, that
provision ought to be made for hearing and deciding upon all disputes
arising between the United States and an individual state, respecting
territory."—Journal of the Federal Convention, 126.
| The writings of James Madison, | |