Constitution

congress, power, plan, vote, chosen, confederation, commerce, veto, senate and president

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The former, presented by Edmund Randolph 29 May, was intended to obliterate the States as bodies from the government almost entirely. It was, in substance, that the Congress should have two branches, membership in both propor tioned to population, but the lower ones chosen directly by the people, the upper by the lower out of nominations by the State legislatures, the executive by both houses jointly; that Congress should have a veto on the State laws, and the President with a part of the judiciary a veto on those of Congress; that Congress might coerce delinquent States, and should legislate on all matters where State action would cause discord in the Union (that is, commerce and taxation) • that new States might be admitted; that all the obligations of the Confederation should be assumed, that members of State governments should take oath to support the national govern ment and 'that the new Constitution should be ratified by popular conventions instead of the State legislatures. A plan of Pinckney of South Carolina was in the same line. The committee of the whole, after debate and amendment, reported the amended bill favorably 13 June. The amendments had cut out the power of coercing the States, taken the veto from the judiciary and restricted it to the executive; made the executive's term seven years and not renewable, the senators' seven and the repre sentatives' three; had the State legislatures choose the senators; and styled the new system a "national" government. Two days later, Wil liam Paterson of New Jersey presented the "Jersey plan," whose distinctive differences were that Congress should have but one cham ber with each State voting equally, and should gain its revenue from requisitions as then, only having the power of coercing delinquent States. Coercion implied gaining a majority vote in an equal body to make war on one of the members, which would never have been granted. The other articles — that Congress should have the power of taxation and regulation of commerce and of coercing refractory individuals as well as States, also of deciding disputes as to terri tory, etc.— were no stronger than the weakest link; Congress was given some powers extra to those of the Confederation, but was given no whit more power to enforce them. What the Confederation had lacked was not privileges but force. Paterson's plan otherwise was mud; like Randolph's. The convention in committee of the whole adhered to the latter.

Hamilton attempted to forward a plan by which the Senate was to be chosen for life by electors chosen by popular vote, the executive chosen for life by electors chosen by popular vote and the State governors to be appointed by the national government, with an absolute veto on the acts of the legislature. It found no sup porters.

The first problem was to settle the basis of power between the States. Under Randolph's plan, the Senate would have had 28 members, of which the three °large States° would have had 13; and the House 65, of which they would have had 26— two-fifths of the latter and about half the former. Obviously they would be able, by a bargain with one or tvvo of the smallest States, to choose the President and dictate the entire operations of the government. On the other hand, Paterson's plan was practically the Confederation plus more wind and paper de crees. The deadlock was absolute. John Dick inson of Philadelphia suggested consolidating the two plans, which was like consolidating a democracy and an autocracy. But on 21 June William Samuel Johnson of Connecticut pro posed the °Connecticut plan? the one finally adopted, making the States equal in the Senate and proportional in the House. His colleague, Ellsworth, supported him; but the vote on it showed a tie, five large to five small States, and Georgia's delegation divided. The question was

referred to a committee of one from each State, which reported a compromise to win over the large States by restricting the power of origi nating money bills to the House, which they would control, and secure the slave States by counting in three-fifths of the slaves as a basis of representation. With the addition of the power to the Senate to propose amendments to money bills, the compromise passed after a hot debate. The two New York delegates left the convention in wrath.

Another point which had to be compromised was the power of Congress over commerce. As matters stood, not only could each State lay any duties it pleased, so long as it did not vio late treaties already made or take national prop erty, and therefore fill the Union with pro-, hibitive barriers, but a State like New York could ruin its neighbor, New Jersey, and deal a crushing blow at western Connecticut, whose port it was. Further, several States were not agriculturally diversified, but had one great crop of tobacco, or rice, or naval stores—a severe tax on which would banIcrupt the entire State., The first of these difficulties was met at the out set by the conditional power given to Congress to regulate commerce between the States; the second was admowledged by the insertion of the prohibition to taic exports, as said. A °com mittee of detail° reported a draft Constitution 6 August. • It had 23 articles (finally boiled down to seven) ; the President was to have one term of seven years, and be chosen by Congress; there was no Vice-President, and the Senate chose a president for itself. This was debated till 12 September, and amended to its present form. The slave-trading States were given their solatium in the shape of permission to con tinue the trade for 2A years, and the entire slave group were placated by the fugitive-slave pro vision; the Vice-President and the electoral sys tem were added, and a restriction of Congres sional control of commerce to a two-thirds vote stricken out. On 12 September a committee of five was appointed to revise its form, and the actual work was mainly done by Gouverneur Morris (q.v.). The next day it was reported back, after a few changes — the chief requiring only a two-thirds instead of a three-fourths vote to pass a bill over a President's veto — and accepted. A new convention to consider amend ments proposed by the States was voted down; they must take or leave it as it stood. Of the 55 delegates present, only 39 signed. On 17 September the convention adjourned. The Con stitution and the resolutions of the conventiok were transmitted to Congress, which on 28 September ordered them sent to the State legislatures for action. (For the amendments, and the consequent difficulties about ratifica tion, see CONSTITUTIONAL AMENDMENTS, HIS TORY OF). Only three States— New Jersey, Delaware and Georgia—ratified it unanimously; Connecticut, Pennsylvania, Maryland and South Carolina, by heavy majorities; Massachusetts, New Hampshire, New York (see FEDERALIST, THE) and Virginia by light ones, after a bitter and protracted struggle; North Carolina re fused to ratify without many amendinents and a bill of rights, and Rhode Island refused altogether till it was carried without her and she would have been shut out There was great dissatisfaction, and only the commercial classes were heartily in its favor: John Adams said afterward that the C,onstituiion was °extorted from the grinding necessity of a reluctant people? See Utirren STATES - AR TICLES OF CONFEDERATION ; UNITED STATES FEDFEAL CoNvEtinoti OF 1787.

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