History of the Origin, Formation, and Adoption of the Constitution of the United States - Volume I Part 27
Library

Volume I Part 27

"A government may be composed of two or more of the simple forms above mentioned. Such is the British government. It would be an improper government for the United States, because it is inadequate to such an extent of territory, and because it is suited to an establishment of different orders of men. A more minute comparison between some parts of the British Const.i.tution, and some parts of the plan before us, may perhaps find a proper place in a subsequent period of our business.

"What is the nature and kind of that government which has been proposed for the United States by the late Convention? In its principle, it is purely democratical. But that principle is applied in different forms, in order to obtain the advantages, and exclude the inconveniences, of the simple modes of government.

"If we take an extended and accurate view of it, we shall find the streams of power running in different directions, in different dimensions, and at different heights,--watering, adorning, and fertilizing the fields and meadows through which their courses are led; but if we trace them, we shall discover that they all originally flow from one abundant fountain.

"In this Const.i.tution, _all authority is derived from the people_.

"Fit occasions will hereafter offer for particular remarks on the different parts of the plan."

After an elaborate examination of the Const.i.tution, he thus concludes:--

"A free government has often been compared to a pyramid. This allusion is made with peculiar propriety in the system before you; it is laid on the broad basis of the people; its powers gradually rise, while they are confined in proportion as they ascend, until they end in that most permanent of all forms. When you examine all its parts, they will invariably be found to preserve that essential mark of free governments,--a chain of connection with the people.

"Such, Sir, is the nature of this system of government; and the important question at length presents itself to our view,--Shall it be ratified, or shall it be rejected, by this Convention? In order to enable us still further to form a judgment on this truly momentous and interesting point, on which all we have, or can have, dear to us on earth is materially depending, let us for a moment consider the consequences that will result from one or the other measure. Suppose we reject this system of government; what will be the consequence? Let the farmer say,--he whose produce remains unasked for; nor can he find a single market for its consumption, though his fields are blessed with luxuriant abundance. Let the manufacturer, and let the mechanic, say; they can feel, and tell their feelings. Go along the wharves of Philadelphia, and observe the melancholy silence that reigns. I appeal not to those who enjoy places and abundance under the present government; they may well dilate upon the easy and happy situation of our country. Let the merchants tell you what is our commerce; let them say what has been their situation since the return of peace,--an era which they might have expected would furnish additional sources to our trade, and a continuance, and even an increase, to their fortunes. Have these ideas been realized? or do they not lose some of their capital in every adventure, and continue the unprofitable trade from year to year, subsisting under the hopes of happier times under an efficient general government? The ungainful trade carried on by our merchants has a baneful influence on the interests of the manufacturer, the mechanic, and the farmer; and these, I believe, are the chief interests of the people of the United States.

"I will go further. Is there now a government among us that can do a single act that a national government ought to do? Is there any power of the United States that can _command_ a single shilling? This is a plain and a home question.

"Congress may recommend; they can do no more: they may require; but they must not proceed one step further. If things are bad now,--and that they are not worse is only owing to hopes of improvement or change in the system,--will they become better when those hopes are disappointed? We have been told, by honorable gentlemen on this floor, that it is improper to urge this kind of argument in favor of a new system of government, or against the old one: unfortunately, Sir, these things are too severely felt to be omitted; the people feel them; they pervade all cla.s.ses of citizens, and every situation from New Hampshire to Georgia: the argument of necessity is the patriot's defence, as well as the tyrant's plea.

"Is it likely, Sir, that, if this system of government is rejected, a better will be framed and adopted? I will not expatiate on this subject; but I believe many reasons will suggest themselves to prove that such expectation would be illusory. If a better could be obtained at a future time, is there any thing wrong in this? I go further. Is there any thing wrong that cannot be amended more easily by the mode pointed out in the system itself, than could be done by calling convention after convention, before the organization of the government? Let us now turn to the consequences that will result if we a.s.sent to and ratify the instrument before you. I shall trace them as concisely as I can, because I have trespa.s.sed already too long on the patience and indulgence of the house.

"I stated, on a former occasion, one important advantage; by adopting this system, we become a _nation_; at present, we are not one. Can we perform a single national act? Can we do any thing to procure us dignity, or to preserve peace and tranquillity? Can we relieve the distress of our citizens? Can we provide for their welfare or happiness?

The powers of our government are mere sound. If we offer to treat with a nation, we receive this humiliating answer: 'You cannot, in propriety of language, make a treaty, because you have no power to execute it.' Can we borrow money? There are too many examples of unfortunate creditors existing, both on this and the other side of the Atlantic, to expect success from this expedient. But could we borrow money, we cannot command a fund, to enable us to pay either the princ.i.p.al or interest; for, in instances where our friends have advanced the princ.i.p.al, they have been obliged to advance the interest also, in order to prevent the princ.i.p.al from being annihilated in their hands by depreciation. Can we raise an army? The prospect of a war is highly probable. The accounts we receive, by every vessel from Europe, mention that the highest exertions are making in the ports and a.r.s.enals of the greatest maritime powers.

But whatever the consequence may be, are we to lie supine? We know we are unable, under the Articles of Confederation, to exert ourselves; and shall we continue so, until a stroke be made on our commerce, or we see the debarkation of a hostile army on our unprotected sh.o.r.es? Who will guarantee that our property will not be laid waste, that our towns will not be put under contribution, by a small naval force, and subjected to all the horror and devastation of war? May not this be done without opposition, at least effectual opposition, in the present situation of our country? There may be safety over the Appalachian Mountains, but there can be none on our sea-coast. With what propriety can we hope our flag will be respected, while we have not a single gun to fire in its defence?

"Can we expect to make internal improvement, or accomplish any of those great national objects which I formerly alluded to, when we cannot find money to remove a single rock out of a river?

"This system, Sir, will at least make us a nation, and put it in the power of the Union to act as such. We shall be considered as such by every nation in the world. We shall regain the confidence of our citizens, and command the respect of others.

"As we shall become a nation, I trust that we shall also form a national character, and that this character will be adapted to the principles and genius of our system of government: as yet we possess none; our language, manners, customs, habits, and dress depend too much upon those of other countries. Every nation, in these respects, should possess originality; there are not, on any part of the globe, finer qualities for forming a national character, than those possessed by the children of America. Activity, perseverance, industry, laudable emulation, docility in acquiring information, firmness in adversity, and patience and magnanimity under the greatest hardships;--from these materials, what a respectable national character may be raised! In addition to this character, I think there is strong reason to believe that America may take the lead in literary improvements and national importance. This is a subject which, I confess, I have spent much pleasing time in considering. That language, Sir, which shall become most generally known in the civilized world will impart great importance over the nation that shall use it. The language of the United States will, in future times, be diffused over a greater extent of country than any other that we know. The French, indeed, have made laudable attempts towards establishing a universal language; but, beyond the boundaries of France, even the French language is not spoken by one in a thousand. Besides the freedom of our country, the great improvements she has made, and will make, in the science of government, will induce the patriots and _literati_ of every nation to read and understand our writings on that subject; and hence it is not improbable that she will take the lead in political knowledge.

"If we adopt this system of government, I think we may promise security, stability, and tranquillity to the governments of the different States.

They would not be exposed to the danger of compet.i.tion on questions of territory, or any other that have heretofore disturbed them. A tribunal is here found to decide, justly and quietly, any interfering claim; and now is accomplished what the great mind of Henry IV. of France had in contemplation,--a system of government for large and respectable dominions, united and bound together, in peace, under a superintending head, by which all their differences may be accommodated, without the destruction of the human race. We are told by Sully that this was the favorite pursuit of that good king during the last years of his life; and he would probably have carried it into execution, had not the dagger of an a.s.sa.s.sin deprived the world of his valuable life. I have, with pleasing emotion, seen the wisdom and beneficence of a less efficient power under the Articles of Confederation, in the determination of the controversy between the States of Pennsylvania and Connecticut; but I have lamented that the authority of Congress did not extend to extinguish, entirely, the spark which has kindled a dangerous flame in the district of Wyoming.

"Let gentlemen turn their attention to the amazing consequences which this principle will have in this extended country. The several States cannot war with each other; the general government is the great arbiter in contentions between them; the whole force of the Union can be called forth to reduce an aggressor to reason. What a happy exchange for the disjointed, contentious State sovereignties!

"The adoption of this system will also secure us from danger, and procure us advantages from foreign nations. This, in our situation, is of great consequence. We are still an inviting object to one European power at least; and, if we cannot defend ourselves, the temptation may become too alluring to be resisted. I do not mean that, with an efficient government, we should mix with the commotions of Europe. No, Sir; we are happily removed from them, and are not obliged to throw ourselves into the scale with any. This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important power of declaring war is vested in the legislature at large: this declaration must be made with the concurrence of the House of Representatives: from this circ.u.mstance we may draw a certain conclusion, that nothing but our national interest can draw us into a war. I cannot forbear, on this occasion, the pleasure of mentioning to you the sentiments of the great and benevolent man, whose works I have already quoted on another subject. M. Necker has addressed this country in language important and applicable in the strictest degree to its situation and to the present subject. Speaking of war, and the greatest caution that all nations ought to use in order to avoid its calamities,--'And you, rising nation,' says he, 'whom generous efforts have freed from the yoke of Europe! let the universe be struck with still greater reverence at the sight of the privileges you have acquired, by seeing you continually employed for the public felicity: do not offer it as a sacrifice at the unsettled shrine of political ideas, and of the deceitful combinations of warlike ambition; avoid, or at least delay, partic.i.p.ating in the pa.s.sions of our hemisphere; make your own advantage of the knowledge which experience alone has given to our old age, and preserve, for a long time, the simplicity of childhood; in short, honor human nature, by showing that, when left to its own feelings, it is still capable of those virtues that maintain public order, and of that prudence which insures public tranquillity.'

"Permit me to offer one consideration more, that ought to induce our acceptance of this system. I feel myself lost in the contemplation of its magnitude. By adopting this system, we shall probably lay a foundation for erecting temples of liberty in every part of the earth.

It has been thought by many, that on the success of the struggle America has made for freedom will depend the exertions of the brave and enlightened of other nations. The advantages resulting from this system will not be confined to the United States, but will draw from Europe many worthy characters, who pant for the enjoyment of freedom. It will induce princes, in order to preserve their subjects, to restore to them a portion of that liberty of which they have for many ages been deprived. It will be subservient to the great designs of Providence with regard to this globe,--the multiplication of mankind, their improvement in knowledge, and their advancement in happiness." (Elliot's Debates, II. 423-434, 524-529.)

CHAPTER XV.

RANDOLPH.

Edmund Randolph, a "child of the Revolution,"[451] was Governor of Virginia at the time of the Federal Convention. Probably it was on account of his position as the chief magistrate of the State that he was, by the general consent of his colleagues, selected to bring forward the Virginia plan of government, which was submitted at an early period of the deliberations, and which became, after great modifications, the nucleus of the Const.i.tution.

At an early age, in August, 1775, this gentleman joined the army at Cambridge, and was immediately taken into Washington's military family as an aide-de-camp.[452] He served in this capacity, however, no longer than until the following November, when he was suddenly recalled to Virginia by the death of his relative, Peyton Randolph, the President of the First Continental Congress.

In 1779, he became a member of Congress from Virginia, and served until March, 1782.

In 1786, he was elected Governor of Virginia, succeeding in that office Patrick Henry. In this capacity, it became his duty to secure the attendance of Washington upon the Federal Convention. This matter he managed with great tact and delicacy; and, by the aid of other friends, he succeeded in overcoming the scruples of the ill.u.s.trious patriot then reposing in the retirement of Mount Vernon.

Governor Randolph's conduct with regard to the Const.i.tution might seem to be marked by inconsistency, if we were not able to explain it by the motive of disinterested patriotism from which he evidently acted. He brought to the Convention the most serious apprehensions for the fate of the Union. But he thought that the dangers with which it was surrounded might be averted, by correcting and enlarging the Articles of Confederation. When, at length, the government which was actually framed was found to be a system containing far greater restraints upon the powers of the States than he believed to be either expedient or safe, he endeavored to procure a vote authorizing amendments to be submitted by the State conventions and to be finally decided on by another general convention. This proposition having been rejected, he declined to sign the Const.i.tution, desiring to be free to oppose or advocate its adoption, when it should come before his own State, as his judgment might dictate.

When the time for such action came, he saw that the rejection of the Const.i.tution must be followed by disunion. He had wearied himself in endeavoring to find a possibility of preserving the Union without an unconditional ratification by Virginia. To the people of Virginia, therefore, he painted with great force and eloquence the consequences of their becoming severed from the rest of the country. Virginia was not, he said, invulnerable. She was accessible to a foreign enemy by sea, and through the waters of the Chesapeake. Her situation by land was not less exposed. Her frontiers adjoined the States of Pennsylvania, Maryland, and North Carolina. With the first she had long had a disputed boundary, concerning which there had been imminent danger of a war, that had been averted with the greatest difficulty. With Maryland, there was an ancient controversy upon the navigation of the Potomac, and that controversy, if decided on grounds of strict right, would be determined by the charter of Maryland in favor of that State. With North Carolina, too, the boundary was still unsettled. Let them call to mind, then, the history of every part of the world, where independent nations bordered in the same way on one another. Such countries had ever been a perpetual scene of bloodshed; the inhabitants of one escaping from punishment into the other,--protection given to them,--consequent pursuit, violence, robbery, and murder. A numerous standing army, that dangerous expedient, could alone defend such borders.

On her Western frontier, Virginia was peculiarly exposed to the savages, the natural enemies of the white race, whom foreign gold could always incite to commit the most horrible ravages upon her people. Her slave population, bearing a very large proportion to the whites,[453]

necessarily weakened her capacity to defend herself against such an enemy.

Virginia, then, must be defended. Could they rely on the militia? Their militia did not, at the utmost, exceed sixty thousand men. They had performed exploits of great gallantry during the late war, but no militia could be relied on as the sole protectors of any country.

Besides, a part of them would be wanted for the purposes of agriculture, for manufactures, and for the mechanic arts necessary for the aid of the farmer and the planter. They must have an army; and they must also have a navy. But how were these to be maintained without money? The enormous debt of Virginia, including her proportion of the Continental debts, was already beyond her ability to pay from any revenue that could be derived from her present commerce.

In this state of things, looking forward to the consequences of a dissolution of the Union, he could not but remind the people of Virginia of what took place in 1781, when the power of a dictator was given to the commander-in-chief, to save the country from destruction. At some period, not very remote, might not their future distress impel them to do what the Dutch had done,--throw all power into the hands of a Stadtholder? How infinitely more wise and eligible than this desperate alternative would be a union with their American brethren. "I have labored," said he, "for the continuance of the Union,--the rock of our salvation. I believe, as surely as that there is a G.o.d, that our safety, our political happiness and existence, depend on the union of the States; and that, without this union, the people of this and the other States will undergo the unspeakable calamities which discord, faction, turbulence, war, and bloodshed have produced in other countries. The American spirit ought to be mixed with American pride, to see the Union magnificently triumphant. Let that glorious pride, which once defied the British thunder, reanimate you again. Let it not be recorded of Americans, that, after having performed the most gallant exploits, after having overcome the most astonishing difficulties, and after having gained the admiration of the world by their incomparable valor and policy, they lost their acquired reputation, their national consequence and happiness, by their own indiscretion. Let no future historian inform posterity that they wanted wisdom and virtue to concur in any regular, efficient government. Should any writer, doomed to so disagreeable a task, feel the indignation of an honest historian, he would reprehend our folly with equal severity and justice. Catch the present moment,--seize it with avidity,--for it may be lost, never to be regained! If the Union be now lost, I fear it will remain so for ever. I believe gentlemen are sincere in their opposition, and actuated by pure motives; but when I maturely weigh the advantages of the Union, and the dreadful consequences of its dissolution; when I see safety on my right, and destruction on my left; when I behold respectability and happiness acquired by one course, but annihilated by the other,--I cannot hesitate in my decision."[454]

NOTE.--The following account of the genealogy of Governor Randolph, for which I am indebted to one of his female descendants, was not received in season to be incorporated in the text.

Edmund Randolph was the son of John Randolph and grandson of Sir John Randolph, each of whom was Attorney-General of the Colony under the royal government. He was educated at William and Mary's College. Peyton Randolph, President of the First Continental Congress, was also a son of Sir John Randolph, and of course was uncle of Edmund Randolph, to whom he devised his estate. Sir John Randolph was one of five or six sons of William Randolph of Turkey Island in Virginia, from whom all the Randolphs in Virginia are descended. Of this William Randolph little is known, beyond the fact that he was a large landholder, and a nephew of Thomas Randolph, the poet, who flourished in the reigns of James I. and Charles I., 1605-1634.

FOOTNOTES:

[451] His own description of himself in a speech made in the Virginia Convention which ratified the Const.i.tution. Elliot, III. 65.

[452] Washington's Writings, IX. 66.

[453] He stated the number of blacks to be 236,000, and that of the whites only 352,000.

[454] Debates in the Virginia Convention, Elliot, III. 65-84, 85, 86.

CHAPTER XVI.

CONCLUSION OF THE PRESENT VOLUME.

The limits of this volume do not admit of a farther description of the Framers of the Const.i.tution. The nine persons of whom some account has been given were the most important members of the Convention, and those who exercised the largest influence upon its decisions. But the entire list embraced other men of great distinction and ability, celebrated, before and since the Convention, in that period of the political history of America which commenced with the Revolution and closed with the eighteenth century. Such were Roger Sherman of Connecticut, Robert Morris of Pennsylvania, John d.i.c.kinson of Delaware, John Rutledge and Charles Pinckney of South Carolina, and George Mason of Virginia. Of the rest, all were men of note and influence in their respective States, possessing the full confidence of the people whom they represented.

The whole a.s.sembly consisted of only fifty-five members, representing twelve sovereign and distinct communities.[455] That so small a body should have contained so large a number of statesmen of preeminent ability is a striking proof of the nature of the crisis which called it into existence. The age which had witnessed the Revolution, and the wants and failures that succeeded it, produced and trained these great men, made them capable of the highest magnanimity, and gave them the intellectual power necessary to surmount the difficulties that obstructed the progress of their country to prosperity and renown.

These, with a few of their contemporaries at that moment engaged in other spheres of public duty, are the men who ill.u.s.trate and adorn it, and the knowledge of their lives and actions is of unspeakable importance to the people of the United States.

To that people is committed a trust, which imposes upon them a greater responsibility than now rests upon any other people on the globe. They possess a written and exact const.i.tution of government, framed with great wisdom by their own deputed agents, and deliberately adopted and enacted by themselves. That Const.i.tution rules over a country of vast extent, inhabited by more than twenty millions of prosperous and intelligent freemen, who const.i.tute one of the first nations of the world. Nowhere on the face of the globe has the experiment of self-government--that experiment so rarely tried, so rarely successful, and so important to the welfare of mankind--been conducted on a scale so grand and imposing. To prevent a failure so disastrous to the best interests of the human race as the failure of that experiment here must inevitably become; to guard this Const.i.tution, the work of their own hands, from every kind of attack; to administer it in the wise spirit in which it was framed; to draw from it the blessings which it was designed to confer; to unfold, to cherish, and to defend its great principles for the benefit of a countless posterity;--this is the high duty imposed by a n.o.ble ancestry and an overruling Providence upon the people of this Union of each succeeding generation.