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 Randolph—Propositions founded upon republican Principles.

1. The Articles of the Confdn should be so enlarged and corrected as to answer the Purposes of the Instn
2. That the Rights of Suffrage shall be ascertained by the Quantum of Property or Number of Souls—This the Basis upon which the larger States can assent to any Reform.
   Objn—Sovereignty is an integral Thing—We ought to be one Nations

   3

   —
3. That the national Legr should consist of two Branches—
4. That the Members of the first Branch should be elected by the People, etc. This the democratick Branch—Perhaps, if inconvenient, may be elected by the several Legrs—
5. Members of the 2d Branch to be elected out of the first—to continue for a certain Length of Time, etc. To be elected by Electors appointed for that Purpose—
6. The Powers to be vested in the national Legr—A negative upon particular acts, etc. contravening the Articles of the Union—Force—
7. A national Executive to be elected by the national Legr
   Checks upon the Legrand Ex. Powers—
8. A Council of Revision to be selected out of the ex. and judy. Departments, etc. 4
9. A natl Judiciary to be elected by the natl Legr—To consist of an inferior and superior Tribunal—To determine Piracies, Captures, Disputes between Foreigners and Citizens, and the Citizen of one State and that of another, Revenue-matters, national Officers—
10. Provision for future States—
11. A Guary by the United States to each State of its Territory, etc.
12. Continuation of Congress till a given Day.
13. Provision, that the Articles of national Union should be amended—
14. That the leg. ex. and judy Officers should be bound by Oath to observe the Union.
15. 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

III. NOTES APPARENTLY USED BY PATERSON IN PREPARING THE NEW JERSEY PLAN JUNE 13-15

A

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.

B 10

1. 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—
2. 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—
3. Resolved, That the federal government of the united states ought to consist of a supreme legislative, executive, and judiciary—
4. Resolved, That the powers of legislation be vested in Congress—
5. See Mr. Lansing—
6. See Gov Randolph’s 7th. Prop.
7. Same,—9th.

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

1. The Plan.
2. The words national and federal.
3. Collection of Sentiment—Object, 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.

Self-constituted and self-ordained Body.

The Coms. give the political Complexion of the several States—not ripe—we must follow the People; the People will not follow us—The Plan must be accommodated to the public Mind—consult 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 own—not to say wt. is the best Govt. or what ought to be done—but what can be done—wt. can we do consistently with our Powers; wt. can we do that will meet with the Approbation of the People—their Will must guide—

Insurrections—So there are in every Govt.—even in England—it may shew, that our particular Systems are wrong—that our Instns. are too pure—not sufficiently removed from a State of Nature to answer the Purposes of a State of Society—it 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 proposed—The 1st. Propn. withdrawn 15—it was incompatible with the 2d. The Principles were gradually unfolded—

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 States—they may by Treaty make one confederated Body—

Mr. Randolph—We ought to be one Nation—etc.

The States as States must be cut up, and destroyed This is the way to form us into a Nation16—It has Equality—it will not break in upon the Rights of any Citizen—it will destroy State Politicks and Attachmts.. Will it be acceded to, etc.

The Mind of Man is fond of Power—

Great Britain and America—Suppose Representn. from the latter before the Revolutn. according to the Quantum of Property or Number of Souls—Wt. the Consequence—

3. Article 18—Com. 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 States—and 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.—No—it depends upon the Quantum of Power lodged in the leg. ex. and judy. Departments—it will operate individually in the one Case as well as in the other—

Why not operate upon the States—if 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 Duty—the same to the federal—they will be Checks upon each other, and the best Checks that can be formed—Cong. the Sun of our political System—

Why a Representation from the People at large—to equalize Representn. Majr. Butler—Representn.—Property—People—

Mr. Wilson—Majority of the States sufficient. This in Opposition to Mr. King—

2 Views. 1. Under the Confedn.—13th. Article—Rhode-Island. 2. As forming an original Combinn. or Confederacy—can bind the contracting Parties only—

The large States can agree upon a Reform only upon the Principle of an equal Representn.19

11 Propn.20

If the lesser States form a Junction of Govt. and Territory, the Gy21 ceases to operate as to them—This will prevent a Consolidn. of Govt. and Territory—

The People will likewise prevent any new State from being taken from the old—Vermont—Kentucky—several in Embryo—Republicks—Monarchies—large Frontiers.

B. Notes for Speech of June 9.

1. The Confederation—its leading Principle. unanimously assented to—

2. The Nature and Construction of this Assembly. Formed under the Confedn. Resn. of Congress—The Comn. measures our Power—it gives the political Complexion of each State—to revise the Confedn.

Must not go beyond our Powers—People not ripe—

A little practicable Virtue to be preferred to Theory.

What expected—Regulation of Commerce, Colln. of the Revenue, Negative, etc this will draw after it such a Weight of Influence and Power as will answer the Purpose—they will call forth the dormant Powers—

3. The Plan proposed. The 1 Propn. Withdrawn—it was incompatible with the 2d.22 Much Dispute about Distn. between federal and National Governments. The Principle was gradually unfolded—

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—

Mr. Randolph—we ought to be one Nation—2 Article23—5th. Article23—

G. Morris—Every Individual should enjoy a rateable Proportion of Sovereignty—Districts—

3 Article23—Common Defence, Security of Liberty, mutual and general Welfare—Proportion of Votes.

11 Propn.

If the lesser States form a Junction of Govt and Territory, the Gy. ceases to operate as to them—This will prevent a Consoln. of Govt. and Territory—

The Propn. will likewise prevent any new States from being taken from the old—Vermont, Kentucky—Several in embryo—Republics—Monarchies—large 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.

Mass.

“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—

Jersey, etc

Georgia,

D. A Fragment, possibly connected with Paterson’sSpeech of June 9.

Ambition goads him on. The Impulse is progressive—enlarge his Prospects, and you enlarge his Desires. As to orders—as to Societies. Mithradates—Com. Defence—Liberty.Mr. Madison—Districts. 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.

1. — Great Britain and America—Representn. from the latter before the Revolution according to the Number of Souls—Wt. the Consequence. 25
2. Representation from the People at large and not from the States 26—
3. National Governmt to operate individually upon the People in the first Instance, and not upon the States 26—

Durability.

F. Notes for Speech of June 1627

1. 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.
2. Because it accords with the Sentiments of the People.
   1. Coms.
   2. News-papers—Political 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.

1. As States—independant of any Treaty or Confedn.—Each State is sovereign, free, and independent—Sovereignty includes Equality. We come here as States and as Equals—Why vote by States in Convention—We will not give up the Right—

   Mr. Wilson—A Principle given up in the first Confedn.28

2. As under the existing Articles of the Confedn.5th Article—unanimously entered into.

   Back Lands—Jersey— Maryland— 29

A Contract. The Nature of a Contract. Solemnly entered into—Why break it—why not the new or present one be broke in the same Manner—

Convenience.

The last Clause in the Confedn.—

Some of the States will not consent—

Self-Destruction.

The Natural Progress of Power—Combination of Parts—Orders—States—Proportion of Votes—State Politicks and Attachments—Great Britain and America—

Objns. The larger States contribute most, and therefore Representn. ought to be in Proportion—

No—they have more to protect.

2. For the Sake of preserving the Liberty of the others—

Objn.—Mr. Wilson30—first Principles—All Authority derived from the People—The People entitled to exercise Authority in Person. One free Citizen ought to be of equal Importance with another—true—One free State of equal Importance with another—Both true when properly applied. The Beauty of all Knowledge consists in the Application—

Equalize the States—No Harm—no Hurt. No authority for that Purpose—and then it is impracticable—

Authority—Why talk of the first set of Propositions—

Impracticable—how does that appear—Make the Experiment—Propose the Measure to the Consideration of the States32—Objn.—There must be a national Governmt. to operate individually upon the People in the first Instance, and not upon the States—and therefore a Representation from the People at Large and not from the States—

1. Will the Operation and Force of the Govt. depend upon the mode of Representn.—No—it will depend upon the Quantum of Power lodged in the leg. ex. and judy. Departments—it will operate individually in the one Case as well as in the other—
2. 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—
3. If not, it may be modified to answer the Purpose.
4. If it cannot be done, better than to have some States devoured by others—

Objn.—Congress not sufficient—there must be two Branches—a House of Delegates and a Senate; why, they will be a Check—This not applicable to the supreme Council of the States—The 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 Act—A 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 Fact—Congress has hitherto conducted with great Prudence and Sagacity—the People have been satisfied—Give 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 greater—Refinement—Secretion—The Expence will be enormous—Congress the Sun of our political World.

G. Notes, probably for a Speech not delivered.33

The Equality of the States—Sovereignty 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.

Its Expence—

It must be admitted, that before a Treaty can be binding, each State must consent. Objns.—The larger States contribute most—and therefore Representn. ought to be in Proportn.

1. Ansr. They have more to protect. A rich State and a poor State in same Relation as a rich Individual and a poor one.
2. For the Sake of preserving the Liberty of the others—Compromise—Their System.
3. Wealth will have its Influence.

Obn. Mr. Wilson—The Minority will vote away the Property of the Majority. Ansr. This secured by the first Branch34—The Majority will vote away the Liberties of the Minority35—Wt. is Wealth when put in Competition with Freedom—

Objn. Mr. Maddison—The Confedn. inadequate to its Purposes. Repeated Violations in every State—Each Violation renders the Confedn. a Nullity36—1 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. Maddison—The Confedn. obtained by the Necessity of the Times. Is the Plea of Compulsion set up. Look at the Confedn. unanimously assented to—Mr. Wilson given up—Not complained of—We come here under that Confedn. Objn. Mr. King—Equality is the Vice of the present System. How does it appear—Objectn.—Mr. King37—The great Charter of England—Certain constitutional Principles to be observed—Power in the Magy. to prevent a Violation of fundamental Principles— Union of England and Scotland.

1. 1. A Union or Consolidation—this a Confederacy.
2. It was to be sure agreed to—Bribery made use of—
3. A King.
4. 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 9.39Districts—Equalize the States—2 Things necessary—1. 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 themselves—Numbers the best Estimate of Property. One free Citizen ought to be of equal Importance with another.One Mass—13—it will be given away 1⁄3 of the Territory—No Authority—it 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 Numbers—B. Notes on Debate of June 11.The Taxes must be drawn by the natl. Governmt. immediately from the People; otherwise will never be collected—C. 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 Acts—particularly 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 Thing—he may propose any Plan—Sentiments 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 apprehended—a 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 States—The Consent of Rhode-Island will be necessary on the Jersey-Plan—A single Legr.Despotism presents itself in several various Shapes—military Despot—ex. Despot—Is there no such Thing as a leg. Despot—The Leg. Authority ought to be restrained—The Restraints upon the Legr. must be such as will operate within itself—No Check in a single Branch-Should have distinct and independant Branches-reciprocal Controul.A single Executive—Triumvirate of Rome2 Triumvirate—Augustus rose superior—Sparta—Rome—Views—to amend the Confedn. if not amendable, then to propose a new Governmt.—Solely recommendatory—Powers sufficient. Division of Territory; not seriously proposed,42—The due Settlemt. of the Importance of the States necessary—this done at present with Respect to Contribution.England.1 Congress unfortunately fixed on equal Representn.—they had not the Means of determining the Quota—If each State must have a Vote, each State must contribute equally—No Usurpation of Power in this Convention. The Spirit of the People in Favour of the Plan from Virginia—Powers pursued; if Powers wanting, we should do what is right.Our Debts remain unpaid while the federal Govt. remains as it is—His Constituents will applaud, when he has done every Thing in his Power to relieve America—No Provision agt. foreign Powers or Invasions. no Mony nor Men—Militia not sufficient—No Provision agt. internal Insurrections. nor for the Maintenance of Treaties—Coercion two Ways—1. as to Trade—2. as to an Army—Legislation affecting Individuals the only Remedy. This Power too great to lodge in one Body—Congress possess both Legislation and Execution—The Variety of Interests44 in the several States require a national Legislation; or else there may be a Combination of States—The 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 States—their commercial Interests differentNo provision for Congress to settle Disputes—No Provision made or Power in Congress for the Suppression of Rebellion—no Troops can be raised—Congress ought not to have the Power of raising Troops.A Navigation Act may be necessary—Give Power to whom—not to Congress—capable of Intrigue and Cabal; Inadequacy of Representation; Want of Confidence in Congress—     Doors not open in Congress.This the last Moment ever will be offered45—D. 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 not—upon 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 Congress—the 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 Branches—they cannot exist—there can be no such checks.Amphictyonick Council of Greece represented by two from each town—who 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.Yes—the 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 danger—but 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 Men—No other Foundation will be solid—F. 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 founded—Acquiesence.

Expediency.2 Branches in some of the States—Judges, etc excluded—The very Men that will oppose— Rh. Island—The Debt will go with the Govt.—this a prevailing Idea—The 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. Wilson—The 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

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