Chapter 6

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