X. judgment of a servant outweigh the constitution to CHAP. which he has sworn obedience. An act of the legis lature at variance with the constitution is pronounced 1787. void; an opinion of the supreme court at variance 7. with the constitution is equally so. Next to the court itself, the men who framed the constitution relied upon the power and the readiness of congress to punish through impeachment the substitution of the personal will of the judge for the law. A third influence may rise up "as the rightful interpreter of this great charter" of American rights and American power in "the good sense " of the land, wiser than the judges alone, because it includes within itself the wisdom of the judges themselves; and this may lead either to the better instruction of the court, or to an amendment of the constitution by the collective mind of the country. The consolidation of the union was to be made visible to the nation and the world by the establishment of a seat of government for the United States under their exclusive jurisdiction; and like authority was to be exercised over all places purchased for forts, dock-yards, and other needful buildings.' It was not doubted that the government of the union should defend each state against foreign enemies and concurrently against domestic violence; and should guarantee to every one of the states the form of a republic.' 'Cooley's Constitutional Law, 224; Curtis, iv. 390. 2 Gilpin, 740, 1218, 1295, 1612; Elliot, 130, 374, 409, 561. Gilpin, 734, 861, 1141, 1241, 1621; Elliot, 128, 190, 833, 381, 564. Sept. CHAP. Sept. 3. Sherman hesitated about granting power to estab X. lish uniform laws on the subject of bankruptcies, lest 1787. they might be made punishable even with death. "This," said Gouverneur Morris, "is an extensive and delicate subject. I see no danger of abuse of the power by the legislature of the United States." On the question the clause was agreed to, Connecticut alone being in the negative. 8. 1 So soon as the small states secured an equal representation in the senate, they ceased to be jealous of its influence on money bills; finally, on the eighth of September, it was settled unanimously that, while the initiative of bills for raising revenue should be confined to the house of representatives, the senate might propose amendments as on other bills, and origi nate bills for appropriations." On the same day, just before the adjournment, Williamson strove to increase the number of the first house of representatives; and was seconded by Madison. Hamilton spoke with earnestness and anxiety for the motion. "I am," said he, "a friend to a vigorous government; at the same time I hold it essential that the popular branch of the government should rest on a broad foundation. The house of representatives is on so narrow a scale as to warrant a jealousy in the people for their liberties. The connection between the president and the senate will tend to perpetuate him by corrupt influence; on this account a numerous representation in the other branch of the legislature should be established." The motion 1 Gilpin, 1481; Elliot, 504. 2 Gilpin, 1494, 1530, 1531; El liot, 510, 529; Elliot, i. 285, 294, 295. X. was lost by one majority; Pennsylvania and the four CHAP. states nearest her on the south being outvoted by New Jersey and the New England states at one ex- 1787. treme, and South Carolina and Georgia at the other.' It remained to mark out the way in which the new constitution should be ratified. The convention had shown a disinclination to ask for it the approbation of congress. Hamilton saw in the omission an inde corum, and made the rash motion that congress, if they should agree to the constitution, should transmit it for ratification to the legislatures of the several states. Gerry seconded him.' Wilson strongly disapproved "the suspending the plan of the convention on the approbation of congress." He declared it worse than folly to rely on the concurrence of the Rhode Island members of congress. Maryland had voted, on the floor of the convention, for requiring the unanimous assent of the thirteen states to the change in the federal system; for a long time New York had not been represented; deputies from other states had spoken against the plan. "Can it then be safe to make the assent of congress necessary? We are ourselves, at the close, throwing insuperable obstacles in the way of its success." Clymer thought the proposed mode would fetter and embarrass congress; and King and Rutledge concurring with him, Hamil ton's motion was supported only by Connecticut.* It was then voted, in the words of the report of the committee of detail: "This constitution shall be laid before the United States in congress assembled; and 1 Gilpin, 1533; Elliot, 530. 3 Gilpin, 1540; Elliot, 534. Sept. 8. 10. X. Sept. CHAP. it is the opinion of this convention that it should be afterward submitted to a convention chosen in each 1787. state, under the recommendation of its legislature, in 10. order to receive the ratification of such convention." In substance this method was never changed; in form it was removed from the constitution and embodied in a directory resolution.' Randolph now began to speak of the constitution as a plan which would end in tyranny; and proposed that the state conventions, on receiving it, should have power to adopt, reject, or amend it; after which another general convention should meet with full power to adopt or reject the proposed alterations, and to establish finally the government. Franklin seconded the motion. Out of respect to its authors, the proposition was allowed to remain on the table; but by a unanimous vote it was ordered that the constitution should be established on its ratification by the conventions of nine states. Finally, a committee of five was appointed to revise its style and the arrangement of its articles. 1 Art. xxii. of draft of the constitution submitted to the committee of revision, Sept. 10th. Gilpin, 1570; Elliot, 541. 2 Gilpin, 1542; Elliot, 535. CHAPTER XI. THE LAST DAYS OF THE CONVENTION. SEPTEMBER 12 TO SEPTEMBER 17, 1787. XI. Sept. THE Committee to whom the constitution was re- CHAP. ferred for the arrangement of its articles and the revision of its style were Johnson, Hamilton, Gouver. 1787. neur Morris, Madison, and King. The final draft of 12. the instrument was written by Gouverneur Morris,' who knew how to reject redundant and equivocal expressions, and to use language with clearness and vigor; but the convention itself had given so minute, long-continued, and oft-renewed attention to every phrase in every section, that there scarcely remained room for improvement except in the distribution of its parts. Its first words are: "We the people of the United States, in order to form a more perfect union, to establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this 1 G. Morris to T. Pickering, 22 Dec., 1814, in Life by Sparks, iii. 323. |