Chapter VI

THE FEDERAL CONVENTION. Why the proceedings of the convention were kept secret for so many years 230 Difficulty of the problem to be solved 231 Symptoms of cowardice repressed by Washington's impassioned speech 232 The root of all the difficulties; the edicts of the federal government had operated only upon states, not upon individuals, and therefore could not be enforced without danger of war 233–233 The Virginia plan, of which Madison was the chief author, offered a radical cure 236 And was felt to be revolutionary in its character 237–239 Fundamental features of the Virginia plan 240, 241 How it was at first received 242 The House of Representatives must be directly elected by the people 243 Question as to the representation of states brings out the antagonism between large and small states 244 William Paterson presents the New Jersey plan; not a radical cure, but a feeble palliative 245 Straggle between the Virginia and New Jersey plans 246–249 The Connecticut compromise, according to which the national principle is to prevail in the House of Representatives, and the federal principle in the Senate, meets at first with fierce opposition 250, 251 But is at length adopted 252 And proves a decisive victory for Madison and his methods 253 A few irreconcilable members go home in dudgeon 254 But the small states, having been propitiated, are suddenly converted to Federalism, and make the victory complete 255 Vague dread of the future west 255 The struggle between pro-slavery and anti-slavery parties began in the convention, and was quieted by two compromises 256 Should representation be proportioned to wealth or to population? 257 Were slaves to be reckoned as persons or as chattels? 258 Attitude of the Virginia statesmen 259 It was absolutely necessary to satisfy South Carolina 260 The three fifths compromise, suggested by Madison, was a genuine English solution, if ever there was one 261 There was neither rhyme nor reason in it, but for all that, it was the best solution attainable at the time 262 The next compromise was between New England and South Carolina as to the foreign slave-trade and the power of the federal government over commerce 263 George Mason calls the slave-trade an "infernal traffic" 264 And the compromise offends and alarms Virginia 265 Belief in the moribund condition of slavery 266 The foundations of the Constitution were laid in compromise 267 Powers granted to the federal government 268 Use of federal troops in suppressing insurrections 269 Various federal powers 270 Provision for a federal city under federal jurisdiction 271 The Federal Congress might compel the attendance of members 272 Powers denied to the several states 272 Should the federal government he allowed to make its promissory notes a legal tender in payment of debts? powerful speech of Gouverneur Morris 273 Emphatic and unmistakable condemnation of paper money by all the leading delegates 274 The convention refused to grant to the federal government the power of issuing inconvertible paper, but did not think an express prohibition necessary 275 If they could have foreseen some recent judgments of the supreme court, they would doubtless have made the prohibition explicit and absolute 276 Debates as to the federal executive 277 Sherman's suggestion as to the true relation of the executive to the legislature 278 There was to be a single chief magistrate, but how should he be chosen? 279 Objections to an election by Congress 280 Ellsworth and King suggest the device of an electoral college, which is at first rejected 281 But afterwards adopted 282 Provisions for an election by Congress in the case of a failure of choice by the electoral college 283 Provisions for counting the electoral votes 284 It was not intended to leave anything to be decided by the president of the Senate 285 The convention foresaw imaginary dangers, but not the real ones 286 Hamilton's opinion of the electoral scheme 287 How it has actually worked 288 In this part of its work the convention tried to copy from the British Constitution 289 In which they supposed the legislative and executive departments to be distinct and separate 290 Here they were misled by Montesquieu and Blackstone 291 What our government would be if it were really like that of Great Britain 292–294 In the British government the executive department is not separated from the legislative 295 Circumstances which obscured the true aspect of the case a century ago 296–298 The American cabinet is analogous, not to the British cabinet, but to the privy council 299 The federal judiciary, and its remarkable character 300–301 Provisions for amending the Constitution 302 The document is signed by all but three of the delegates 303 And the convention breaks up 304 With a pleasant remark from Franklin 305