CHAPTER XXIX.

Propositions of the Virginia Delegation submitted to the Convention— Proceedings upon them in Committee of the Whole-Proposed New Government to act upon Individuals, not States-Proportional or Equal Representation of the States in the Federal Councils - Gordian Knot of the Convention-Madison, Read, Patterson, Wilson, Franklin-Direct Representation of the People, in one Branch of the National Legislature, advocated by Colonel Mason and Mr. MadisonGeneral Denunciation of the Evils of Democracy - Sherman, Gerry, Mason, Randolph-Line of Demarcation between Republicanism and Democracy Convention averse alike to Monarchy and Democracy - Power of Coercion against the States opposed by Mr. Madison, and abandoned - Executive Department - Convention decide in Favor of Single, instead of Plural, Executive - Danger of Monarchy, from Corruption of People and their Leaders - Prophetic Views of Dr. Franklin - Functions and Mode of Appointment of Federal Judiciary - Term of Service of Popular Branch of Legislature - Noble and Manly Rule of Political Conduct avowed by Mr. Madison - He advocates a Firm and Stable Senate as Counterpoise to Popular Branch — Enlightened Sentiments of Governor Randolph - Virginia Propositions, with Partial Modifications, agreed to in Committee of the Whole, and reported to the Convention-New-Jersey Plan brought forward - Colonel Hamilton opposed to both Virginia and New-Jersey Plans Suggests a Plan of his own— - Outline of his Speech and PlanThey meet with little Favor in the Convention-New-Jersey Plan rejected by Committee of the Whole- Virginia Propositions, as modified, again reported to the Convention - Apocryphal Draught of a Federal Government by Mr. Charles Pinckney, of South Carolina.

THE main business of the convention was opened on the 29th of May, by Governor Randolph, who submitted, on behalf of the Virginia delegation,

a series of resolutions, fifteen in number, embodying in a concrete form, for the convenience of modification and discussion, those leading ideas of reform proposed as the basis of an efficient constitutional system for the Confederacy.1

These resolutions set out by affirming the necessity of an alteration and enlargement of the articles of confederation, in order to accomplish the avowed objects of their institution. They then proposed, in lieu of the equal representation of all the States in the national legislature, as under the existing system, to substitute a proportional representation according to numbers or contributions; the division of the legislative department into two independent branches; and the extension of its powers to all cases involving the harmony and common interests of the Confederacy, with a negative upon any of the laws of the States, which, in the opinion of the national legislature, should contravene the articles of union or treaties with foreign powers, and an authority to call forth the force of the Union against delinquent members.

1 The resolutions referred to in the text have been sometimes spoken of as the individual proposition of Governor Randolph. But Mr. Madison states expressly, that "they were the result of a consultation among the deputies of the State; the whole number, seven, being present. Mr. Randolph was made the organ on the occasion, being then the governor of the State, of distinguished tal

ents, and in the habit of public speaking." It was understood, however, that no member of the deputation was committed to their precise tenor or form, but all would be free to propose or concur in any modifications or alterations which, on farther reflection, might appear proper. - See letter of Mr. Madison to J. Tyler, in M'Guire's Selection, &c., p. 308; and Madison Debates, vol. 11. p. 715.

A national executive, it was proposed, should be chosen by the national legislature for a limited term, to be thereafter ineligible, — which, besides the general authority to execute the laws of the Union and exercise the executive rights vested in Congress by the confederation, was, in conjunction with a convenient number of the judiciary, to have a qualified negative upon the acts of the legislative department. The national judiciary, proposed by the resolutions, was to consist of one or or more supreme tribunals and of inferior tribunals, to be chosen also by the national legislature, to hold their offices during good behavior, and to have jurisdiction of piracies and felonies on the high seas, captures from an enemy, controversies in which foreigners or citizens of different States may be interested, impeachments of Federal officers, cases concerning the collection of the national revenue, and, in general, all questions involving the national peace and harmony.

The resolutions farther declared, that provision ought to be made in the proposed scheme of organic reform for the future admission of new States into the Union; for the guarantee of republican government to each one of the States; for the continuance of the existing authorities of the Confederacy, until the inauguration of the new system, and the fulfilment of all engagements contracted by them; for amendments of the Constitution, from time to time; for requiring of the State authorities an oath to observe and support the

articles of union as agreed upon, and for the ratification of those articles by convention of the people, to be called in the respective States.

As soon as these propositions were read, a motion was made and carried, that the convention would, on the following day, resolve itself into a committee of the whole House, to consider the state of the Union; and that the propositions, submitted by the delegation of Virginia, be referred to that committee. On the same day, Mr. Charles Pinckney, of South Carolina, laid before the convention the draught of a Federal government, which he had prepared. This draught not having been preserved among the papers of the convention, the secretary of State, when preparing the journal of the convention for publication in 181819, applied to Mr. Pinckney for a copy of it, and was furnished by him with a paper which has been inserted in the printed journal as the plan offered by him. But from the singularly minute coincidences between it and the Constitution finally adopted, and, at the same time, the marked discrepancies between it and propositions actually made or ideas advanced by him in the convention, it is evident that the paper furnished to the secretary of State could not have been the paper offered to the convention. The probability seems to be, that it was drawn up, after the lapse of many intervening years, from loose and imperfect memoranda, eked out by a reference to the text of the Constitution itself. The plan of Mr. Pinck

ney, whatever it was, was also referred to the committee of the whole House on the state of the Union; but there is no trace of its having been considered there, or ever reported upon.1

On the following day, the Virginia propositions were taken up in committee of the whole, and continued to be the subject of deliberation and discussion in the committee, day after day, for the space of two weeks; at the end of which time, they were reported back to the House, with certain modifications, rather of form than of substance. As the proceedings of this fortnight brought into debate all the main principles of the proposed system, a brief retrospect of those proceedings, in connection with the opinions and doctrines expressed by leading members, becomes essential alike to a just comprehension of individual views, and of the general scope and spirit of the action of the convention.

The first of the resolutions offered by Mr. Randolph, on behalf of the Virginia delegation, not appearing to express with sufficient distinctness the nature and character of the change contemplated in the existing system, he himself proposed to substitute for it the following declaration: "That a national government ought to be established, consisting of a supreme legislative, executive, and judiciary." The substitute was intended to mark more clearly the distinction between a system purely Federal, resting on the good faith alone of

1 See note at the end of this chapter.