local. Yet when we consider the situation - the intense spirit of localism, the narrowness that marked many of the political actions of the people, the fear of oppression through union which was constantly present during colonial times, and the inexperience in forming a legal union of the states, we cease to wonder that the Confederation was so imperfect. Indeed, if we compare the Congress of the Confederation with the Second Continental Congress, considering that the latter was exercising war powers without any direct legal authority-powers that in time of peace might disappear entirely we can realize, per haps, that the Confederation was a more perfect union than the one existing in 1776. General References Hinsdale, The American Government, §§ 98-165. Ashley, The American Federal State, §§ 77-105. Channing, Students' History of the United States, §§ 113-178. Fiske, Critical Period of American History, pp. 50–220. Curtis, Constitutional History of the United States, I, pp. 1–220. McLaughlin, Confederation and Constitution, pp. 3–167. Topic THE STAMP ACT: Channing, Students' History, §§ 119–126; Fiske, American Revolution, I, pp. 14-27; Lecky (Woodburn), American Revolution, pp. 67-96; Frothingham, Rise of the Republic, pp. 163– 200. Studies 1. The Committees of Correspondence. Frothingham, Rise of the Republic, pp. 261-284. 2. Declaration of Independence. Tyler, M. C., in North American Review, 163 (1896), 1–16. 3. Commercial discriminations of the States under the Confederation. Fiske, Critical Period of American History, pp. 142-147. 4. The nationalizing influences of the public domain. Fiske, Critical Period, pp. 187-196. 5. Did the Confederation represent a higher type of union than that existing in 1776? Give your reasons in full. N Proposal of the conference. Fiske, Meeting McLaughlin, Confed eration, 172-183. Purpose of the convention. CHAPTER XV GENESIS OF THE CONSTITUTION 183. The Annapolis Conference. The proposal for a re vision of the Articles of Confederation came in an unusual and quite informal way. Maryland and Virginia had been discussing whether they should appoint commissioners to consider the navigation of the Potomac River, the southern bank of which formed the boundary between the two States, and to arrange a uniform system of tolls and duties. A few far-sighted leaders in the Virginia legislature thought it would be a good idea to invite the other States to appoint commissioners who should meet with these at Annapolis, and talk over the subject of interstate and foreign commerce. This was accordingly done, but only five of the States were represented at the Annapolis conference, which met in September, 1786, although nine had selected commissioners. Most of these men realized that only by increasing the power of Congress over commerce could the existing commercial difficulties be settled. They consequently adopted the suggestion made by Alexander Hamilton, that the Congress then in session be asked to call a convention to meet in Philadelphia the next year. After revising the Articles of Confederation, the convention was to submit its suggestions to Congress and the state legislatures. THE CONVENTION AT WORK It 184. The Meeting of the Philadelphia Convention. would naturally be supposed that Congress would favor any movement to increase its own power, but, actuated by jealousy, it refused to sanction a constitutional convention. But so urgent was the need for some change that the state Curtis, Con legislatures proceeded to elect delegates, and, after the majority had chosen representatives, Congress gave its con- 237-245. sent. We must bear in mind that this convention was called solely for the purpose of revising the Articles of Confederation, and not with any idea of making a new national constitution. Fortunately, the States had elected some of their ablest men as delegates, and these men did not hesitate to proceed at once to form a Constitution of an entirely different type, because they believed the Articles of Confederation could never be amended so that they would be satisfactory. They thought that the Articles were built upon a wrong foundation-state sovereignty and they therefore decided without delay to frame a constitution that should rest not upon the States alone, but upon individual citizens. The foresight, wisdom, and courage of "the Fathers," as the members of the convention are often called, in taking this important step, has not been questioned by any succeeding generation. stitutional Hist., I, The first regular session was held on May 25, 1787, with delegates The from nine States present. All of the others, except Rhode Island, were convention also represented most of the four months during which the convention organized. held its meetings. Popular confidence was assured from the start, because the delegates included such men as George Washington, Ben- Fiske, jamin Franklin, James Madison, Roger Sherman, Oliver Ellsworth, Critical John Dickinson, Robert Morris, John Rutledge, Charles Pinckney, Period, 224-229. and Charles Cotesworth Pinckney. Nevertheless, it was deemed wise to make the sessions secret, in order that the people might not be prejudiced because of any differences of opinion in the convention, and that they might not be asked to judge of the revision until it was completed. Behind closed doors, the convention began its work by choosing George Washington chairman, and by agreeing that each State should have one vote, as in Congress. 185. The Virginia Plan. — The first serious work of the conven- Congress. tion began when the delegates from Virginia suggested a plan which had been drafted by Madison for a central government entirely different from that of the Confederation. This outline, known in history as the "Virginia plan," favored a Congress of two houses, the members Fiske, Executive and judi cial departments. Objections to the Virginia plan. McLaughlin, Confed eration, 212-219. Provisions of the New Jersey plan. Contest between the large and small States. Cambridge of the lower house to be chosen by the people, and those of the upper house to be chosen by the lower from candidates nominated by the state legislatures. This Congress was to have "the legislative rights vested in Congress by the Confederation, and, moreover, to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation." The new scheme provided for an executive department, which it will be remembered the Confederation did not have, but the plan did not state whether there should be only one executive like our President, or a council like the English ministry. Finally, there was to be a national judiciary to decide cases that came up under the laws made by Congress. This Constitution was to go into operation when adopted by conventions chosen especially for that purpose. 186. The New Jersey Plan. The convention went into committee of the whole and discussed the Virginia plan for several weeks, the majority being heartily in favor of its resolutions. But several of the delegates from small States considered it too radical, as they feared to grant so much power to a government that might be controlled by the large States. These men drew up revised Articles of Confederation, which are usually called the "New Jersey plan," because offered to the convention by William Patterson of that State. This plan proposed an enlargement of the powers of the old Congress by giving that body the right to levy duties and other taxes, and provided for an executive and a system of national courts. After a rather brief debate, the committee of the whole adopted the Virginia plan with some modifications, and reported to the convention. 187. The Connecticut Compromise. Although a Congress of two houses seemed preferable to a single chamber, the convention was divided on the question of how it should be composed. The large States naturally wanted the number of members in both houses to depend upon the population of the States represented, but the small States insisted that one or both should be like the Confederate Congress, in which each State had one vote. Over this question of representation there was a long and bitter debate which was finally settled by adopting a compromise proposed by the Connecticut delecompromise. gates. By this first, and perhaps greatest, of the compromises for which the United States has been famous, each State was Mod. Hist., VII, 246-249. Provisions of the eration, to be represented in the lower house according to its popula- McLaughtion, and the Senate was to be composed of two senators lin, Confed from each State, each of whom, unlike the delegates to the 221-235. Confederate Congress, had a vote of his own. To pacify the large States, the House of Representatives was to have the exclusive right to introduce measures for the raising of revenue. apportion 188. The Three-fifths Compromise. The convention had Direct already decided that when direct taxes were levied, each taxes and State should contribute according to its population, so that ments. an enumeration of the people was now necessary for the assessment of direct taxes as well as for representation in the House of Representatives. We might imagine that it would be a very simple matter to count the number of people in a State, but the convention had trouble with this question because of the slaves who were very much more numerous in the South than in the North. Were they to be counted the Counting same as whites? Of course, the Southern delegates did not wish the negroes counted when direct taxes were paid, but they did wish them to be enumerated when representatives Fiske, were appointed. The North wanted the opposite in both Critical cases, so that a compromise was adopted, by which five ne- 256-262. groes were counted as equal to three whites when reckoning the population for either direct taxation or representation. of negroes. Period, and South. Period, 189. The Compromise over Navigation Acts and the Slave Demands Trade. The last compromise, as well as the second, dealt of North with the question of slavery. The extreme Southern States demanded the right to import slaves without restrictions, but practically all of the others were opposed to the slave Fiske, trade. In the North commerce was the chief industry, and Critical the New Englanders insisted that navigation acts should be passed by Congress in the same manner as ordinary bills. The South, on the contrary, believed that her agricultural interests would be in danger, unless a two-thirds vote was The comrequired for all laws relating to commerce. These sectional promise. differences made necessary the last great compromise. 262-267. |