Documents Illustrative of the Formation of the Union of the American States
Notes of William Paterson in the Federal Convention of 1787. 1
Selected, Arranged, and Indexed by Charles C. Tansill
I. NOTES OF THE VIRGINIA PLAN, MAY 29. 2
Govr RandolphPropositions founded upon republican Principles.
- The Articles of the Confdn should be so enlarged and corrected as to answer the Purposes of the Instn
- That the Rights of Suffrage shall be ascertained by the Quantum of Property or Number of SoulsThis the Basis upon which the larger States can assent to any Reform.
- ObjnSovereignty is an integral ThingWe ought to be one Nations
- That the national Legr should consist of two Branches
- That the Members of the first Branch should be elected by the People, etc. This the democratick BranchPerhaps, if inconvenient, may be elected by the several Legrs
- Members of the 2d Branch to be elected out of the firstto continue for a certain Length of Time, etc. To be elected by Electors appointed for that Purpose
- The Powers to be vested in the national LegrA negative upon particular acts, etc. contravening the Articles of the UnionForce
- A national Executive to be elected by the national Legr
- Checks upon the Legrand Ex. Powers
- A Council of Revision to be selected out of the ex. and judy. Departments, etc. 4
- A natl Judiciary to be elected by the natl LegrTo consist of an inferior and superior TribunalTo determine Piracies, Captures, Disputes between Foreigners and Citizens, and the Citizen of one State and that of another, Revenue-matters, national Officers
- Provision for future States
- A Guary by the United States to each State of its Territory, etc.
- Continuation of Congress till a given Day.
- Provision, that the Articles of national Union should be amended
- That the leg. ex. and judy Officers should be bound by Oath to observe the Union.
- That Members be elected by the People of the several States to ratify the Articles of National Union
II. REPORT OF THE COMMITTEE OF THE WHOLE, JUNE 13. 5
Report of the Committee of the whole House
|1. Resolved, that [it is] the [opinion of this Committee of the U. S. that a National] Government ^ ought to [be established] consist [ing] of a Supreme Legislative, Judiciary, and Executive.||Agreed7 A 3. No. 1 divided.|
|2. Resolved, that the [National] legislature ought to consist of two branches.||9A 1 n-Divided.|
|3. Resolved, that the Members of the first Branch of the United States the [(National)] Legislature ^ ought to be elected by the People of the several States, for the term of two to be of the Age of 25 years at least: three years; ^ [to receive fixed Stipends, by which they may be compensated for the devotion of their time to Public Serviceto be paid out of the Public and incapable of holding, National Treasury;] to be ineligible to, ^ any Office [established by a particular State, or] under the authority of the United States (except those peculiarly belonging to the functions of the first Branch) during the term of the first Branch of service, ^ [and under the National Government for the space of one year after its expiration.]||5 A. no. 1 divided lost.|
|4. Resolved, that the Members of the second Branch of the U. S. of the [National] Legislature ^ ought to be chosen by the individual Legislatures: to be of the Age of 30 years, of six years, one third of whom to go at least; to hold their Offices for the Term ^ [sufficient out of office biennially; to ensure their independency namely of seven years]to compensation for receive ^ [fixed Stipends, by which they may be compensated for] the devotion of their time to public service,to be paid out of the National Treasury.|
|To be ineligible to any office established by a particular State, or under the authority of the United States (except those peculiarly belonging to the functions of the second Branch) during the term of service, and under the Natl Government for the space of one year after its expiration|
|5. Resolved, that each Branch ought to possess the right of originating Acts. possess||agreed to without amendment.|
|6. Resolved, that the National Legr ought to [be empowered to enjoy] 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,to negative all laws passed by the several States contravening, in the opinion of the National Legislature, the Articles of Union, or any Treaties subsisting under the Authority of the Union.|
|7. Resolved, that the Right of suffrage in the first Branch of the National Legislature ought not to be according to the Rule established in the Articles of Confederation, but according to some equitable Ratio of representation, namely, in proportion to the whole number of White and other free Citizens and Inhabitants, of every Age, Sex and Condition, including those bound to servitude for a Term of Years, and three fifths of all other persons, not comprehended in the foregoing discription, except Indians not paying Taxes in each State.||carried 6. ay. 4 no 1 divided|
|8. Resolved, that the right of suffrage in the second Branch of the Nationl Legislature ought to be according to the rule established for the first.|
|9. Resolved, that a National Executive be instituted, to consist of a single person to be chosen by the National Legislature for the term of seven years, with Power to carry into execution the National Lawsto appoint to Offices in cases not otherwise provided for; to be ineligible a second time; and to be removable on Impeachment and Conviction of Mal-Practice, or neglect of duty. To receive a fixed stipend by which he may be compensated for the Devotion of his time to public service; to be paid out of the National Treasury.|
|10. Resolved, that the National Executive shall have Legislative a right to negative any [National] Act, which shall not be afterwards passed unless by two third parts of each Branch of the National Legislature.|
|11. Resolved, that a National judiciary be established, to consist of one Supreme Tribunal,the Judges of which to be appointed by the second Branch of the National Legislature; to hold their offices during good behaviour and to receive punctually at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution.|
|12. Resolved, that the Natl Legislatr be empowered to appoint inferior Tribunals.|
|13. Resolved, that the jurisdiction of the National Judiciary shall extend to cases which respect the collection of the National Revenue;Impeachments of any National Officers, and questions which involve the Nat1 peace and harmony.|
|14. Resolved, that Provision ought to be made for the admission of States, lawfully arising within the limits of the United States; whether from a voluntary Junction of Government and Territory, or otherwise, with the consent of a Number of Voices in the National Legislature less than the whole.|
|15. Resolved, that provision ought to be made for the continuance of Congress and their Authorities and privileges, until a given day after the reform of the Articles of Union shall be adopted; and for the completion of all their Engagements.|
|16. Resolved, that a Republican Constitution, and its existing laws, ought to be garraunteed to each State, by the United States|
|17. Resolved, that provision ought to be made for the amendment of the Articles of Union, whensoever it shall seem necessary.|
|18. Resolved, that the Legislative, Executive, and judiciary Powers within the several States, ought to be bound by Oath, to support the Articles of Union.|
|19. Resolved, that the amendments which shall be offered to the Confederation, by the Convention, ought at a proper time or times, after the Approbation of Congress, to be submitted to an Assembly or Assemblies of Representatives, recommended by the several Legislatures, to be expressly chosen by the People to Consider and decide thereon. [Indorsement: Report. of Committee 12 June 1787]|
III. NOTES APPARENTLY USED BY PATERSON IN PREPARING THE NEW JERSEY PLAN JUNE 13-15
Resolved, That a union of the States merely federal ought to be the sole Object of the Exercise of the Powers vested in this Convention. 6
Resolved, That the Articles of the Confederation ought to be so revised, corrected, and enlarged as to render the federal Constitution adequate to the Exigencies of Government, and the Preservation of the Union
Resolved, That in Addition to the Powers vested in the United States in Congress by the present existing Articles of Confederation, they be authorized to pass Acts for levying a Duty or Duties on all Goods and Merchandize of foreign Growth or Manufacture imported into any Part of the United States not exceeding per Cent. ad Valorem to be applied to such federal Purposes as they shall deem proper and expedient, and to make Rules and Regulations for the Collection thereof; and the same from Time to Time to alter and amend in such Manner as they shall think proper. Provided, That all Punishments, Fines, Forfeitures, and Penalties to be incurred for contravening such Rules and Regulations shall be adjudged and decided upon by the judiciaries of the State in which any Offence contrary to the true Intent and Meaning of such Rules and Regulations shall be committed or perpetrated; subject nevertheless to an Appeal for the Correction of any Errors in rendering Judgment to the judiciary of the United States.
|That the United States in Congress be also authorized to pass Acts for the Regulation of Trade as well with foreign Nations as with each other, and for laying such Prohibitions, and such Imposts and Duties upon Imports as may be necessary for the Purpose; Provided, That the Legislatures of the several States shall not be restrained from laying Embargoes in Times of Scarcity; and provided further that such Imposts and Duties so far forth as the same shall exceed per Centum ad Valorem on the Imports shall accrue to the Use of the State in which the same may be collected. 9||Impost ExciseStampsPost-OfficePoll-Tax|
- Resolved, That the articles of the confederation ought to be so revised, corrected, and enlarged as to render the federal constitution adequate to the exigencies of government, and the preservation of the union
- Resolved, That the alterations, additions, and provisions made in and to the articles of the confederation shall be reported to the united states in congress and to the individual states composing the union, agreeably to the 13th. article of the confederation
- Resolved, That the federal government of the united states ought to consist of a supreme legislative, executive, and judiciary
- Resolved, That the powers of legislation be vested in Congress
- See Mr. Lansing
- See Gov Randolph’s 7th. Prop.
Resolved, therefore, that every State in the Union as a State possesses an equal Right to, and Share of, Sovereignty, Freedom, and Independance
Resolved, therefore, that the Representation in the supreme Legislature ought to be by States, otherwise some of the States in the Union will possess a greater Share of Sovereignty, Freedom, and Independance than others
Whereas it is necessary in Order to form the People of the U. S. of America into a Nation, that the States should be consolidated, by which Means all the Citizens thereof will become equally intitled to and will equally participate in the same Privileges and Rights, and in all waste, uncultivated, and back Territory and Lands; it is therefore resolved, that all the Lands contained within the Limits of each State individually, and of the U. S. generally be considered as constituting one Body or Mass, and be divided into thirteen or more integral Parts. 11
Resolved, That such Divisions or integral Parts shall be styled Districts.
IV. NOTES FOR SPEECHES 12
A. Notes for Speech of June 9 13
- The Plan.
- The words national and federal.
- Collection of SentimentObject, to take under Consideration the State of the American Union
Consider the Nature and Construction of this Assembly. Formed under the act of Congress passed in Conformity with one of the Articles of the Confedn.
See the Comn. 14 from Massts.
|The Comn. measures our Powerto revise the Confedn. to report to Congress and the several Legs.must not go beyond our Powers||Assumption of Power|
Self-constituted and self-ordained Body.
The Coms. give the political Complexion of the several Statesnot ripewe must follow the People; the People will not follow usThe Plan must be accommodated to the public Mindconsult the Genius, the Temper, the Habits, the Prejudices of the People.
A little practicable Virtue to be preferred to Theory.
Not to sport Opinions of my ownnot to say wt. is the best Govt. or what ought to be donebut what can be donewt. can we do consistently with our Powers; wt. can we do that will meet with the Approbation of the Peopletheir Will must guide
InsurrectionsSo there are in every Govt.even in Englandit may shew, that our particular Systems are wrongthat our Instns. are too purenot sufficiently removed from a State of Nature to answer the Purposes of a State of Societyit will not militate agt. the democratick Principle when properly regulated and modified
The democratick Spirit beats high
Not half wrong enough to have a good Govt.
2. The Plan proposedThe 1st. Propn. withdrawn 15it was incompatible with the 2d. The Principles were gradually unfolded
|The 1 Propn. accords with the Spirit of the Constn.||Wt. of Land|
Each State is sovereign, free, and independt. etc. Sovereignty includes Equality
If then the States in Union are as States still to continue in Union, they must be considered as Equals
13 sovereign and independent States can never constitute one Nation, and at the same Time be Statesthey may by Treaty make one confederated Body
Mr. RandolphWe ought to be one Nationetc.
The States as States must be cut up, and destroyed This is the way to form us into a Nation16It has Equalityit will not break in upon the Rights of any Citizenit will destroy State Politicks and Attachmts.. Will it be acceded to, etc.
The Mind of Man is fond of Power
|Enlarge his Prospects, you increase his Desires||Fœtus of a Monarch 17|
|Proportion of VotesState-Politicks, State-Attachments, State-Influence, State-PassionsDistricts||An infant Hercules in his cradle|
Great Britain and AmericaSuppose Representn. from the latter before the Revolutn. according to the Quantum of Property or Number of SoulsWt. the Consequence
3. Article 18Com. Defence, Security of Liberty, mutual and general Welfare.
A national Govt. to operate individually upon the People in the first Instance, and not upon the Statesand therefore a Representation from the People at large and not from the States
Will the Operation of the natl. Govt. depend upon the Mode of Representn.Noit depends upon the Quantum of Power lodged in the leg. ex. and judy. Departmentsit will operate individually in the one Case as well as in the other
Why not operate upon the Statesif they are coerced they will in Turn coerce each individual
Let the People elect the State-Legr.The State Legr. elect the federal Legr.assign to the State Legr its Dutythe same to the federalthey will be Checks upon each other, and the best Checks that can be formedCong. the Sun of our political System
Why a Representation from the People at largeto equalize Representn. Majr. ButlerRepresentn.PropertyPeople
Mr. WilsonMajority of the States sufficient. This in Opposition to Mr. King
2 Views. 1. Under the Confedn.13th. ArticleRhode-Island. 2. As forming an original Combinn. or Confederacycan bind the contracting Parties only
The large States can agree upon a Reform only upon the Principle of an equal Representn.19
If the lesser States form a Junction of Govt. and Territory, the Gy21 ceases to operate as to themThis will prevent a Consolidn. of Govt. and Territory
The People will likewise prevent any new State from being taken from the oldVermontKentuckyseveral in EmbryoRepublicksMonarchieslarge Frontiers.
B. Notes for Speech of June 9.
1. The Confederationits leading Principle. unanimously assented to
2. The Nature and Construction of this Assembly. Formed under the Confedn. Resn. of CongressThe Comn. measures our Powerit gives the political Complexion of each Stateto revise the Confedn.
Must not go beyond our PowersPeople not ripe
A little practicable Virtue to be preferred to Theory.
What expectedRegulation of Commerce, Colln. of the Revenue, Negative, etc this will draw after it such a Weight of Influence and Power as will answer the Purposethey will call forth the dormant Powers
3. The Plan proposed. The 1 Propn. Withdrawnit was incompatible with the 2d.22 Much Dispute about Distn. between federal and National Governments. The Principle was gradually unfolded
|The 1 Propn. accords with the Spirit of the Confedn. Each State is sovereign, free, and independent etc. The Idea of a Supreme, and the Maxim Imperium in Imperio||Wt Qv of Land etc they approach each other, etc.|
If then the States in Union are as States stiff to continue in Union, they must be considered as Equals, etc.
13 sovereign and independant states can never constitute one Nation; they may by Treaty make one confederated Body
G. MorrisEvery Individual should enjoy a rateable Proportion of SovereigntyDistricts
3 Article23Common Defence, Security of Liberty, mutual and general WelfareProportion of Votes.
If the lesser States form a Junction of Govt and Territory, the Gy. ceases to operate as to themThis will prevent a Consoln. of Govt. and Territory
The Propn. will likewise prevent any new States from being taken from the oldVermont, KentuckySeveral in embryoRepublicsMonarchieslarge Frontiers
The large States can agree to a Reform only upon the Principle of an Equality of Representn.
In what we are all agreed
C. Notes for speech of June 9.
“for the sole and express Purpose of revising the Articles of Confdn. and reporting to Congress and the several Legs. such Alterations and Provisions therein as shall when agreed to in Congress and confirmed by the States render the federal Constn. adequate to the Exigencies of Government and the Preservn. of the Union.”
Connectt. as above
|States.24||Quota of Tax.||Delegates.|
D. A Fragment, possibly connected with Paterson’sSpeech of June 9.
Ambition goads him on. The Impulse is progressiveenlarge his Prospects, and you enlarge his Desires. As to ordersas to Societies. MithradatesCom. DefenceLiberty.Mr. MadisonDistricts. Mr. King. Guarranty. Nature of Govts. So corrected and enlarged. Regulation of Commerce, the Collection of Revenue. Negative in particular Cases. To promote the general Welfare, to protect Liberty and Property. Cr. Lands.
E. Notes for Speech of June 9.
- Great Britain and AmericaRepresentn. from the latter before the Revolution according to the Number of SoulsWt. the Consequence. 25
- Representation from the People at large and not from the States 26
- National Governmt to operate individually upon the People in the first Instance, and not upon the States 26
F. Notes for Speech of June 1627
- Because it accords with our Powers. Suppose an Attorney. Who can vote agt. it If Confedn. cannot be amended, say so The Experimt. has not been made.
- Because it accords with the Sentiments of the People.
- News-papersPolitical Barometer. Jersey never would have sent Delegates under the first Plan
Not to sport Opinions of my own. Wt. can be done. A little practicable Virtue preferrable to Theory.
- As Statesindependant of any Treaty or Confedn.Each State is sovereign, free, and independentSovereignty includes Equality. We come here as States and as EqualsWhy vote by States in ConventionWe will not give up the Right
Mr. WilsonA Principle given up in the first Confedn.28
- As under the existing Articles of the Confedn.5th Articleunanimously entered into.
Back LandsJersey Maryland 29
A Contract. The Nature of a Contract. Solemnly entered intoWhy break itwhy not the new or present one be broke in the same Manner
The last Clause in the Confedn.
Some of the States will not consent
|Hitherto argued upon Principleas Statesas subsisting TreatiesThe Danger to the lesser States||Abolition of the lesser States|
The Natural Progress of PowerCombination of PartsOrdersStatesProportion of VotesState Politicks and AttachmentsGreat Britain and America
Objns. The larger States contribute most, and therefore Representn. ought to be in Proportion
Nothey have more to protect.
2. For the Sake of preserving the Liberty of the others
|3. Wealth will have its Influence||A rich State and poor State in same Relation as a rich Individual and a poor one.|
Objn.Mr. Wilson30first PrinciplesAll Authority derived from the PeopleThe People entitled to exercise Authority in Person. One free Citizen ought to be of equal Importance with anothertrueOne free State of equal Importance with anotherBoth true when properly applied. The Beauty of all Knowledge consists in the Application
|One free Citizen ought to be of equal Importance with anotherthey are Members of the Society, and therefore trueEngland and Switzerland. Pennsylva. and Jerseythey have the same Privileges, partake in the same common Stock, for Instance, in back and unlocated Lands. The Genn. soon found out the Diffe. between a Pennsylva. and a Jersey-Man when we talked of Consolidn. then the Pennsyla. gave up 1⁄3No; noA Nation, when it is necessary to go by Majority of Votes, a State, when it is necessary to divide the common Stock||A large County and a small County31|
Equalize the StatesNo Harmno Hurt. No authority for that Purposeand then it is impracticable
AuthorityWhy talk of the first set of Propositions
Impracticablehow does that appearMake the ExperimentPropose the Measure to the Consideration of the States32Objn.There must be a national Governmt. to operate individually upon the People in the first Instance, and not upon the Statesand therefore a Representation from the People at Large and not from the States
- Will the Operation and Force of the Govt. depend upon the mode of Representn.Noit will depend upon the Quantum of Power lodged in the leg. ex. and judy. Departmentsit will operate individually in the one Case as well as in the other
- Congress are empowered to act individually or to carry the Reqt. into Execn. in the same Manner as is set forth in the first Plan
- If not, it may be modified to answer the Purpose.
- If it cannot be done, better than to have some States devoured by others
Objn.Congress not sufficientthere must be two Branchesa House of Delegates and a Senate; why, they will be a CheckThis not applicable to the supreme Council of the StatesThe Representatives from the several States are Checks upon each other.
In a single State Party Heat and Spirit may pervade the whole, and a single Branch may of a sudden do a very improper ActA second Branch gives Time for Reflexion; the Season of Calmness will return, etc. Is this likely to be the Case among the Representatives Of 13 States
What is the FactCongress has hitherto conducted with great Prudence and Sagacitythe People have been satisfiedGive Congress the same Powers, that you intend to give the two Branches, and I apprehend they will act with as much Propriety and more Energy than the latter.The Chance for Wisdom greaterRefinementSecretionThe Expence will be enormousCongress the Sun of our political World.
G. Notes, probably for a Speech not delivered.33
The Equality of the StatesSovereignty and Equality are convertible Terms. Pennsylva. a distinct political Being
As under the existing Articles of the Confedn. A Contract solemnly entered into.
The Danger to the lesser States.
The Impracticability of the present System.
It must be admitted, that before a Treaty can be binding, each State must consent. Objns.The larger States contribute mostand therefore Representn. ought to be in Proportn.
- Ansr. They have more to protect. A rich State and a poor State in same Relation as a rich Individual and a poor one.
- For the Sake of preserving the Liberty of the othersCompromiseTheir System.
- Wealth will have its Influence.
Obn. Mr. WilsonThe Minority will vote away the Property of the Majority. Ansr. This secured by the first Branch34The Majority will vote away the Liberties of the Minority35Wt. is Wealth when put in Competition with Freedom
|The lesser States will destroy the largerLamb and, Lyon||Madn. Coercion never can be used agt. a large State.|
Objn. Mr. MaddisonThe Confedn. inadequate to its Purposes. Repeated Violations in every StateEach Violation renders the Confedn. a Nullity361 No. The same Power to rescind as to make. It would be in the Power of one Party always to abrogate a Compact. Objn. Mr. MaddisonThe Confedn. obtained by the Necessity of the Times. Is the Plea of Compulsion set up. Look at the Confedn. unanimously assented toMr. Wilson given upNot complained ofWe come here under that Confedn. Objn. Mr. KingEquality is the Vice of the present System. How does it appearObjectn.Mr. King37The great Charter of EnglandCertain constitutional Principles to be observedPower in the Magy. to prevent a Violation of fundamental Principles Union of England and Scotland.
- 1. A Union or Consolidationthis a Confederacy.
- It was to be sure agreed toBribery made use of
- A King.
- The Vicinity of France
The last Time of Meeting
H. Notes apparently for Speech of July 9.
V. NOTES ON DEBATESA. Notes on Debate of June 9.39DistrictsEqualize the States2 Things necessary1. That the Representatives express the Sentiments of the represented. 2. That the Sentiments thus expressed should have the same Operation as if expressed by the People themselvesNumbers the best Estimate of Property. One free Citizen ought to be of equal Importance with another.One Mass13it will be given away 1⁄3 of the TerritoryNo Authorityit is besides impracticable.He wishes the Distinction of States might be destroyed.A Principle given up in the first Confedn.A small County, and a large County; according to NumbersB. Notes on Debate of June 11.The Taxes must be drawn by the natl. Governmt. immediately from the People; otherwise will never be collectedC. Notes on Debate of June 16.The national Plan proposes to draw Representn. from the People.The federal Plan proposes to draw Representn. from the States. The first will absorb the State-Governmts.
- The Powers of the Convention.
- The Probability as to the Adoption of either System
Publick Actsparticularly the Act respecting the Impost. Reasoning upon Systems unsupported by Experience generally erroneous 3. Representation to be according to the Number and Importance of the Citizens. 4. A single Executive. 5. A Majority of the United States are to control. 6. The national Leg. can operate in all Cases in which the State Leg. cannot. 7. The national Leg. will have a Right to negative all State-Acts contravening Treaties, etc. 8. Ex. Mag. removable on Conviction. 9. The Ex. to have a qualified Negative over Acts of the Legr. 10. Provision is made for superior Tribunals 11. The Jurisdn. of the national Legr. is to extend to all Cases of a national Nature. 12. National Peace, all Questions comprehending it, will be the Object of the national Judiciary 13. Delegates to come from the People.The relative Merit of the two Plans.
- Upon Principles.
- Upon Experience.
- The joint Result of both.
He can conclude finally Nothing; and to propose every Thinghe may propose any PlanSentiments of the People; those with whom we converse we naturally conclude to be the Sentiments of the People. States Sovereignments and State Governmts. not so much an Idol as is apprehendeda national Government to protect Property and promote Happiness, the Wish of the People. Will a Citizen of New Jersey think himself honoured when addressed as a Citzn. of that State, and degraded when addressed as a Citizen of the U. S. The People expect Relief from the national Councils; it can be had only from a national Governmt.Adl Powers ought not to be given to Congress. Objns. to that Body.
- Congress as a legislative Body does not stand upon the Authority of the People.
- Congress consists of but one Branch.
An equal Representn., in Proportion to Numbers.Impost opposed and defeated not by one of the large StatesThe Consent of Rhode-Island will be necessary on the Jersey-PlanA single Legr.Despotism presents itself in several various Shapesmilitary Despotex. DespotIs there no such Thing as a leg. DespotThe Leg. Authority ought to be restrainedThe Restraints upon the Legr. must be such as will operate within itselfNo Check in a single Branch-Should have distinct and independant Branches-reciprocal Controul.A single ExecutiveTriumvirate of Rome2 TriumvirateAugustus rose superiorSpartaRomeViewsto amend the Confedn. if not amendable, then to propose a new Governmt.Solely recommendatoryPowers sufficient. Division of Territory; not seriously proposed,42The due Settlemt. of the Importance of the States necessarythis done at present with Respect to Contribution.England.1 Congress unfortunately fixed on equal Representn.they had not the Means of determining the QuotaIf each State must have a Vote, each State must contribute equallyNo Usurpation of Power in this Convention. The Spirit of the People in Favour of the Plan from VirginiaPowers pursued; if Powers wanting, we should do what is right.Our Debts remain unpaid while the federal Govt. remains as it isHis Constituents will applaud, when he has done every Thing in his Power to relieve AmericaNo Provision agt. foreign Powers or Invasions. no Mony nor MenMilitia not sufficientNo Provision agt. internal Insurrections. nor for the Maintenance of TreatiesCoercion two Ways1. as to Trade2. as to an ArmyLegislation affecting Individuals the only Remedy. This Power too great to lodge in one BodyCongress possess both Legislation and ExecutionThe Variety of Interests44 in the several States require a national Legislation; or else there may be a Combination of StatesThe Mode of electing Congress an Objn.the Delegates will be under the Influence of its particular States.Cabal and Intrigue of which such a Body as Congress may be capable. They are too numerous for an Executive.No Provision under the Confedn. for supporting the Harmony of the Statestheir commercial Interests differentNo provision for Congress to settle DisputesNo Provision made or Power in Congress for the Suppression of Rebellionno Troops can be raisedCongress ought not to have the Power of raising Troops.A Navigation Act may be necessaryGive Power to whomnot to Congresscapable of Intrigue and Cabal; Inadequacy of Representation; Want of Confidence in Congress Doors not open in Congress.This the last Moment ever will be offered45D. Notes on Debates of June 27, 28, and 29.46June 27. 1787.47Have those who upon the present plan hold 1⁄13 part of the Votes, a 13th part of the weight,certainly notupon this plan they sink to nothingThe Individual right of Citizens is given up in the State Govt. they cannot exercize it again in the Genl. Government.48It has never been complained of in Congressthe complaint there is the want of proper powers.49June 28thMr. Martin resumed his argument.The Genl. Govt. is not to regulate the rights of Individuals, but that of States. The Genl. Govt. is to Govern Sovereignties. then where the propriety of the several Branchesthey cannot existthere can be no such checks.Amphictyonick Council of Greece represented by two from each townwho were notwithsg. the dispn. of the Towns equal Rollins Ancient Hist. 4 Vol. pa. 79.All the Ancient and Modern Confedns and Leagues were as equals notwithstanding the vast disproportions in size and wealth.If the large States, who have got a Majority, will adhere to their plan, we cannot help it, but we will publish to the world our plan and our principles, and leave it to judge.Yesthe division of Poland.They talk in vague Terms of the great States combining etc.51June 29th.As long as the State influence is kept up there will be dangerbut the influence will not be as great as is apprehended.E. Notes on Debate of June 30.54Sense of Duty.A Solecism.7 States can control the 6.States imaginary Beings abstracted from MenNo other Foundation will be solidF. Notes on Debate of July.5.58G. Notes on Debates of July 7 and 9.Monday 9th., July, 87.H. Notes on Debate of July 23.601. The Constitutionality of the Measure.Reasons
- The People the Source of Power. Union
- The Legr. of To-Morrow may repeal the Act of the Legr. of To-Day. So as to Convention
- Some of the Constns. not well or authoritatively foundedAcquiesence.
Expediency.2 Branches in some of the StatesJudges, etc excludedThe very Men that will oppose Rh. IslandThe Debt will go with the Govt.this a prevailing IdeaThe Legr. has no Right to alter the Constn. or the Confedn.Not acting under the Confedn. Nothing but a Compact resting upon the 13 States.Congress over again.A Violation of the Compact by one of the Parties, leaves the rest at Large, and exonerated from the Agreemt.
- Text and notes reprinted from the American Historical Review, Vol. IX ( Washington, 1904), pp. 312-340.Return to text
- Cf. Documentary Risky of the Constitution, III17-20. The original of this paper is in the possession of Miss Emily K. Paterson, of Perth Amboy, New Jersey. It is evidently a condensation, perhaps hastily made, of Randolph’s plan presented to the convention May 29. Return to text
- The purport of this interpolated comment is not plain; but it would seem to be the center of what Paterson afterward contended for viz. the convention could not divide up the sovereignty of the states; if there was to be one nation, the states must be thrown together.Return to text
- Beginning with this note the remaining eight resolutions of the fifteen are summed up, though not numbered as in the plan.Return to text
- This paper is in the handwriting of David Brearley. It is indorsed “Report of Committee 12 June 1787″ in Brearley’s handwriting. The committee, as a matter of fact, did not report until June 13. The interlineations and erasures as here presented admirably illustrate the subjects under discussion and the changes made in the report. Erasures are bracketed and in italics. Evidently Brearley, using the report of the Committee of the Whole, or more properly his copy of the report, made changes in it in the course of the succeeding debates.Return to Text
- This resolution is partly stricken out in the original. Jameson says these five resolutions may not improperly be attributed to John Lansing, Jr., of New York. He also says that it will be plainly seen that it represents an early stage of the Paterson plan. The fifth resolution is especially noteworthy. “In short,” says Jameson. “we have in this document a Vorschrift for the New Jersey plan, drawn up by a man or men who were willing to go but little beyond” the schemes earlier proposed. Ann. Rep. Am. Hist. Assoc., 1902, 1. 142. Return to text
- This resolution is thus given in Madison’s notes, Documentary History, III, 125. It is the first resolution of Paterson’s plan as there given. Jameson argues (p. 137) that this could not have been the first of Paterson’s resolutions as finally presented, His evidence is probably conclusive; and yet it should be noticed that the resolution offered by Dickinson, “That the Articles of Confederation ought to be revised and amended, so as to render the Government of the United States adequate to the exigencies, the preservation, and the prosperity of the Union.” would not be acceptable to either party. Paterson’s would wish to retain the words “federal Constitution.” Is not Dickinson’s motion characteristic? Return to text
- See Jamesonloc. cit., 140-141. Return to text
- This resolution is somewhat similar to the second resolution as given in Madison notes, Documentary History, III. 125, and in the Brearley copy, ibid., I. 322. Either no more was written of this paper or Paterson copied no more, Jameson. loc. cit., 142. Return to text
- This goes farther than A and marks a later stage of the plan. Return to text
- To account for such a proposition as this in connection with the New Jersey plan is a matter of some difficulty. In the original paper this resolution is so written as undoubtedly to be Joined with the preceding. Otherwise It might seem to be a mere sporadic note. Reference is evidently made to this in other notes and below. See also Brearley’s speech of June 9, where the erasure of state boundaries is advocated, and Paterson’s reference to the same idea Doc. Hist. III, 96, 97. See also especially Madison’s speech of June 19. It is apparent that Paterson and Brearley proposed this as the only way of doing justice to the large states and securing the safety of the small states. Ibid. III. 161. Return to text
- The notes numbered A-E are in the Bancroft copies marked “Notes for speceh of 9 June,” but it is by no means clear that an these are notes for the speech of that day. Apparently Paterson worked over his argument several times, and the burden of his thought was somewhat consistently the same; the want of power in the Convention; the unreadiness of the people to support a plan for a consolidated government; the maintenance of the equality of the states. In the notes of Madison, Pierce, King, and Yates we find no indication that Gouverneur Morris made a speech on the ninth. The words in A given in connection with the name of Morris appear again in BReturn to text
- This document is in the possession of Miss Emily K. Paterson.Return to text
- Commission.Return to text
- Evidently referring to Randolph’s first proposition as contradicting the second. The first resolution of Randolph is distinctly like the first of Paterson’s as the Paterson plan appears in Madison notes, Doc. Hist., III. 125. Paterson was here contending that Randolph’s original first proposition was constitutionally sound, i. e. in conformity with the Articles.Return to text
- Apparently a reference to the ideal later embodied in the resolution in III. B. See above, also Paterson’s speech of June 9.Return to text
- Randolph used this expression June 2. See Pierce notes, AM. HIST. REV., III. 322.Return to text
- Referring to the third article of the Articles of the Confederation.Return to text
- So the original plainly says. Possibly Paterson meant to write unequal; or by “equal” he meant just or proportional.Return to text
- Referring to the eleventh proposition of the Virginia plan: “Resd., that a Republican Government and the territory of each State, except in the instance of a voluntary injunction of Government and territory, ought to be guaranteed by the United States to each State.Return to text
- Guaranty.Return to text
- See above. p. 888, note 15.Return to text
- Evidently a reference to the second, fifth, and third articles of the Articles of Confederation.Return to text
- This table is printed in Doc. Hist., I. 331, except that the column giving quotas is not footed here. It is there dated “Sepr 27th 1785″ and indorsed “hon. D. Brearly Esq.”Return to text
- Apparently referring to the argument used in his speech of June 9: “It was once proposed by Galloway and some others that America should be represented in the British Parit and then be bound by its laws. America could not have been entitled to more than 1⁄3 of the No. of Representatives which would fall to the share of G. B. Would American rights and interests have been safe under an authority thus constituted?” Madison notes, in Documentary History. III. 98. Return to text
- Ibid.Return to text
- This document is in possession of Miss Emily K. Paterson.Return to text
- Wilson, according to Madison’s notes, made use of some such expression in his speech of June 9, Doc. Hist., III. 99.Return to text
- “It was the small ones that came in reluctantly and slowly. N. Jersey and Maryland were the two last, the former objecting to the want of power in Congress over trade: both of them to the want of power to appropriate the vacant territory to the benefit of the whole.” Paterson, June 16, as condensed by Madison, Ibid., 131. Return to text
- Reference is made here and in many of the succeeding arguments to Wilson’s speech of June 9, Doc. Hist., III. 99.Return to text
- Perhaps referring to Williamson’s speech of June 9, which he made in answer to Paterson, Doc. Hist., III. 100.Return to text
- Paterson’s argument in these paragraphs may be this: The gentlemen are desirous of making a nation but when we propose consolidation by a redivision of the states so that the parts may be equal, then it is apparent that Pennsylvania would lose a portion, one-third, of its land. They are for a nation, when it is a question of voting, but they are for the state when a division of the land is proposed, or a division of the stock. Let us try the plan of equalizing the states. No harm will be done. Gentlemen argue that they have no authority. If they are hesitating because of want of authority, why do they talk of the Randolph plan? They have no authority to propose those measures either. Why is it argued that it is impracticable to throw the land into a common stock and divide the states anew? How does that appear? Make the experiment. Propose the measure to the consideration of the states.
If Paterson and Brearley had this scheme as much in mind as it would appear they had, it is apparent that they were not quite so determined as some to adhere to the principle of the Confederation as the only solution. There came out distinctly the old small state jealousy and above all the interminable land question which had agitated the states almost from the beginning of the war.Return to text
- This document is in the possession of Miss Emily K. Paterson. These notes are in one document, and it has not seemed wise to separate them. On the Bancroft copies the first portion, i.e. to the words “Objn. Mr. WilsonThe Minority,” is headed “Notes for speech of 16 June”; what follows is headed “Notes of Wilson’s of 30 June; Madison’s of 19 June; King’s of 30 June cf. Elliot V.” A comparison with the notes given below in V. E. P. 336, belonging to June 30, seems to show that the remarks of Madison, as well as those of Wilson and King as here given were made on June 30.Return to text
- This would seem to make it plain that this note was made after June 29.Return to text
- This probably from Ellsworth.Return to text
- A reference to V. E. below and to Doc. Hist., III. 253, will show that this is a part of Madison’s speech of June 30.Return to text
- Doc. Hist., III. 262.Return to text
- The first column shows the representation according to Morris’s report of July 9; the second that provided for by King’s report from committee, July 10.Return to text
- See Documentary History, III. 94 ff.Return to text
- We have here a new summary of Wilson’s long and able speech of this date.Return to text
- This is considerably longer than the condensation of Pinckney’s speech given by Madison. It has here also considerably more force and meaning. Cf. Doc. Hist., III. 136.Return to text
- Once more a reference to Paterson’s and Brearley’s plan for consolidation.Return to text
- An outline of Randolph’s able speech of June 16. This throws light on some of Randolph’s argument as condensed by Madison.Return to text
- That this argument is important in Paterson’s is indicated by a hand on margin of his notes pointing to this.Return to text
- “A Natl. Govt. alone, properly constituted, will answer the purpose; and he begged it to be considered that the present is the last moment for establishing, one. After this select experiment, the people will yield to despair.” Doc. Hist., III. 138.Return to text
- In the handwriting of David Brearley.Return to text
- According to Madison’s notes, Martin alone spoke on this day, his speech lasting three hours. Doc. Hist., III. 224.Return to text
- This is undoubtedly the argument Martin based on his notion that the state governments rested on compact.Return to text
- Here Mr. Brearley has indicated by a hand the importance of the argument.Return to text
- A hand on the margin.Return to text
- In Madison’s notes this speech precedes that of Madison. Doc. Hist., III, 227.Return to text
- A hand on the margin.Return to text
- A hand on the margin.Return to text
- This is in the possession of Miss Emily K. Paterson.Return to text
- “We are razing the foundations of the building. When we need only repair the roof.” Doc. Hist., III. 252.Return to text
- Amendment probably; if so, it may refer to Wilson’s proposition to have one senator in each state “for every 100,000 souls, and let the States not having that no. of inhabitants be allowed one.” Doc. Hist., III. 256. Such would seem to be the connection judging by Madison’s notes; but on the other hand it is much more reasonable to suppose that Madison in this speech is referring either to Ellsworth’s motion, “that the rule of suffrage in the 2d branch be the same with that established by the articles of confederation” (Doc. Hist., III. 245), or to Franklin’s proposals (Ibid., 257 ).Return to text
- Or Cy. meaning county.Return to text
- The subject under discussion was the report of the Committee providing for equal representation in the second branch and the initiation of revenue and appropriation by the first branch.Return to text
- This was the report of the committee stating the representation of each state in the first Congress.Return to text
- The heading on the Lenox Library copy is “Notes of Paterson possibly of Madison’s speech of 19 June.” The notes seem however to cover the debates of July 23, the day an which Paterson seconded Ellsworth’s motion that the Constitution be referred to the legislatures for ratification. Down to the first blank line, i. e. through the word “Acquiesence,” the notes refer to the speech of Mason. Down to the next blank line, i. e. from “Expediency” through “Rh. Island,” the notes refer to the speech of Gorham. The next line, beginning with “The Debt” and ending with “Idea,” refers to Ellsworth’s remarks. From the words “The Legr.,” through the words “13 States,” reference seems to be to the remarks of G. Morris. Possibly “Congress over again” refers to some-thing said by King but perhaps by Morris. The last sentence is doubtless an assertion of Madison’s.Return to text
|Number of Inhabitants|
|New Hampshire in 1774||100,000|
|Massachusetts in 1774||400,000.|
|Rhode-Island by a Return to the Legislature in Feby. 1783||48.538 Whites.
|Connecticut in 1774||Whites 192.000.
Blacks (nearly) 6.000.
|in 1782 nearly||220,000.|
|New York in 1756.||96,775.|
|in 1786.||Whites 219,996.
|New Jersey in 1783
about 10,000 Blacks included
|Maryland in 1774 estimated at||350,000.|
|Virginia in 1774||650,000.|
|Blacks as 10 to 11||300,000.|
|In the lower States the accts. are not to be depended on|
|The Proportion of Blacks|
|In Connecticut as 1. to 33.|
|The same Ratio will answer for Massachusetts|
|In Rhode-Island as 1 to 15½.|
|In New York as 1 to 12 nearly.|
|In New Jersey as 1 to 13 nearly.||20.1 40.1 80.1 160.1|
|4 Eastn. States||17.|
|5 Middle States||25.|
|4 Southn. States||23.|
|unfair; because of the Combination of the Parts.||Mr. Brearly.|
|All Authority is derived from the Peoplethe People entitled to exercise Authority in PersonItalyRoman Citizens||Mr. Wilson|
|It does not appear to him, that the lesser States will be swallowed up.||Mr. Wmson.|
|Resolved, That the Rights of Suffrage in the first Branch of the national Legr. ought not to be according to the Article of Confedn., but according to some equitable Ratio of Representation||Mr. Maddison|
|Not by the Number of free Inhabitants, but according to the Quotas of Contribution||Rutledge.|
|The Terms, “Quotas of Contribution,” very indefiniteit ought to be according to the actual Contribution||Dickinson|
|Supposes, that there will not be any Assignment or Quotas to States; the Governmt. to operate individually
and not on States
|The Power to be in Proportion to actual Contribution||Dickinson|
|Suppose an ImpostConnecticut and Jersey do not importthey will have no Representatives||King|
|This to be left to the State Legrs.Sum to be proportioned||Butler.|
|Either Rule goodby Numbers best to ascertain the Right of Representn. this agreeably to the Sentiments of 11 StatesImpost alone will not be sufficient to answer the national ExigenciesRevenues arising from PostageThe present Quota not a lasting Rule People to be numbered at fixed PeriodsA Rule arising from Property and Numbers||Wilson.|
|Rule of Taxation not the Rule of Representation4 might then have more Voices than tenSlaves not to be put upon the Footing of freemenFreemen of Massts. not to be put upon a Footing with the Slaves of other StatesHorses and Cattle ought to have the Right of Representn. NegroesMules||Gerry.|
|Leave the particular Rule for the present. A common Standard ought to be provided||Madison|
|Contrasts the Principles of the two Systems||Lansing|
|The Plans do not agree in the following Instances.||Paterson. Wilson40|
|1. The Govt. consists of 2 Branches.|
|2. The original Authority of the People at Large is brought forward.||To connect Them together as States.|
|A new Proposal thrown out for the Sentiments of the People.||Equalization|
|The Foundation, the Progress, and Principles of RepresentationLook at EnglandHollandthe Vote of every Province necessary. Ld. Chesterfield||Answr. Citizens of the same State.|
|If Jersey can have an equal Representn. she will come into the Plan from Virginia||Pinckney 41|
|1. Whether the Articles of the Confedn. can be so reformed as to answer the Purposes of a national Governmt.||Elsworth. Randolph.43|
|The 13th. Articleprovides for the alteration of the Articles, then of course for the Alteration of the 5th. Article.||Delaware.|
|Powers in a deliberate AssemblyridiculousWe are only to compare SentimentsDisdain Danger, and do what is necessary to our political SalvationWe must avail ourselves of the present Moment.||Annapolis.|
|Congress fallen considerably in their Reputation.||Divide leg. and ex. Branches and then Doors may be open|
|Have we seen the Great Powers of Europe combining to oppress the small50||Mr. Madison|
|Wants to know how it is possible that the large States can oppress the small52||Mr. Williamson|
|The rule to tax the States according to their numbers would be cruel and unjustit would Create a war.|
|If you form the present Government, the States will be satisfiedand they will divide and sub-divide so as to become nearly equal||Mr. Madison|
|If the States are represented as Statesthey must be represented as Individuals.||Doct. Johnson|
|New-Jersey ought not to oppose the plan, as she at present pays the Taxes of Penn. and N. York, from which she would be relieved.||Mr. Gorham|
|Will have the States considered as so many great Corporations, and not otherwise.||Mr. Madison|
|That States have equal rights to vote, is not true It is estabd. by the Law of Nations that they have equal votesbut does it follow that they can not contract upon a different footing||Col. Hamilton|
|That the Genl. Governmt. will act, not only, upon the States, but upon Individuals.|
|It is a contest for power in the weaker States.53||The small States have had a lesson of State Honesty|
|Gentlemen of Congress when they vote always connect with them the State views and politicksand therefore||>Mr. Pierce|
|That upon Tryal it has been found that the Articles of Confn. are not adequate||Mr. Gerry.|
|That the small States have abused their power, and instanced Rho. Island.|
|Did not expect this Question at this Stage of the Business.||Wilson.|
|Member of Connecticut said, not more than one State to Eastward would accede.|
|22 out of 90not ¼||This as to Contribn.|
|Artificial Systems of States|
|The Voice of the Minority will vote away the Property of the Majority||Easy to correct it.|
|The 3 large States combined. Wt. He wants the Principles of the Combnthey will be Rivals.|
|Their Interests are different.|
|24 out of 90 carry more of an Aristocracy.|
|2 Kinds of bad Govt1. That Govt which does not do enoughand 2. that which does too muchBe as we were before we met.||Why wish for an Union of the lesser States|
|The System of Virginia and the System of Jersey agree as to the Powers||Yesbut then the 2 System oppose each other.|
|Govt by the States necessary. There can be no Difficulty as to this Point.|
|Objn A Minority will govern a Majority. You put it in the Power of a few to prevent the Oppression of the many.||Mr Elsworth|
|Political Societies are to govern|
|In the Br. Constn the few has a Check upon the many; and one upon both|
|The House must be demolishedbut it only wants a Shingle55|
|If Congress had voted by a Majority, all Evils would have been cured|
|Rhode-IslandThe Power not in Congress.|
|Are not the large States safe now|
|Suppose the large States should agree that 4 free Ports should be established.|
|Suppose lucrative Offices|
|No Unity of Interests|
|The Confedn inadequate to its Purposes.||Mr Maddison.|
|Resoln of Cont refusing to comply with a federal Reqn.||Lycia|
|Reported Violations in every State.||Germanick Body.|
|The Rule of Confdn obtained by the Necessity of the Times|
|The large States will not be secure by the lower Branch.|
|2d Branch may possess a Negative over the Laws of the State-Legs.|
|Cont has furnished more thn her Quota as to Men||Mr Elsworth.|
|Mr. Wilson asks, why the Interests of the lesser States cannot be as safe in the Hands of the larger States as in their own||Mr Sherman.|
|The Resoln as reported by the Comee is impracticableis too large||Mr Davie|
|The 2d Branch being executive must sit constantly.|
|Not necessary to sit constantly||Mr Wilson|
|Each State should have one Senator1 Member in the second for every 100,00 People; and 1 for the smallest State.|
|This a Compromise on the Part of the large States.|
|He will not insist upon small Mattersif the great Principles can be established|
|Govt placed upon a false Basis.|
|The lesser States afraid of their Liberties; the larger States afraid of their Money.||Doctr Franklin|
|Treaty between France and the U. S. the latter had no Disposition over the Treasury of the former.|
|Equality is the Vice of the present System.||Mr. King
|The Amt56 is Congress in a new Form; servile to the States.||Mr. Maddison|
|No Disposn in Cl57 Rep. or Corporations to swallow up the Rest.|
|Purity of Principle||Mr. Bedford|
|Magna Charta of England. Certain constl Principles to be observed.||Mr King.|
|Union of England and Scotland.||This is a Consolidn|
|Power in the Magy to prevent a Violation of fundamental Principles.||The King Bribed.|
|Govt a progressive Force.||FranceIreland.|
|The Interest of the smaller States to come into the MeasureDelawareforeign Power New-Jersey. Single and unconnected.||Maddison.|
|The People will not agree to it.||Butler.|
|Suppose the larger States agreethe smaller States must come in.||G. Morris|
|Jersey would follow the Opinions of New York and Pennsylva.|
|The Sword must decide|
|The strongest Party will make the weaker Traitors and hang themforeign Power.|
|Should be open to Conviction|
|The larger States must prevailthey must decide; they are most powerful.|
|Not Members of a Synod, or Conventicle|
|About 2,000 Men in the smaller States, who compose the Executives, Legislatives, and Judiciaries; all interested in opposing the present Plan, because it tends to annihilate the State-Governments.||Gerry.|
|If a Majority of the lesser states be agt. the Laws of the national Governmt.; those Laws cannot be executedThere must then be a Branch immediately from the States.||Sherman|
|An Agreemt. elsewhere cannot be expected unless the Representation be fair||Wilson|
| 1. The Upper Branch may put a Veto upon the Acts of the lower Branch.
2. May extort a Concurrence. The smaller States near the Centre; they may compose a Majority of the Quorum.
|The larger States will have more Influence; they have in Congress; this from the Nature of Things.||Gerry|
|Great Care will be taken to lessen the Powers of the 2d. Branch||G. Morris|
|Corporations to be protected.|
|Separate colonial Existances|
|CorporationsThe small Statesgo on and fight out the Revn. or give us an equal Vote.|
|The small States say, that they will have greater Rights as Citizen|
|Must have such a Govt. as will give Safety|
|State-Policy not a proper Object for a vigorous Governmt.|
|In Proportion to the Vigour and Strength of the State Governmts. will be the Febleness of the general Governmt.|
|We must have it in View eventually to lessen and destroy the State Limits and Authorities|
|The Germanick Constn.The Emperor has never been able to collect themthe separate Parts were too independant|
|Report of Comee. 59||Gorham.|
|Necessary, that the Atlantic States should take Care of themselves; the Western States will soon be very numerous.|