Bowdoin, who had recommended the measure to the legislature in his message, addressed a letter to Congress including the resolution, and sent it to the delegates of the State to be presented by them. The delegates suspended its delivery, and assigned their reasons for doing so in a letter dated September 3, 1785, addressed to the Governor, with a request that it should be laid before the legislature. From this letter, which is ably written and occupies throughout Anti-Federal ground, I make the following extracts:—"The great object of the Revolution was the establishment of good government, and each of the States, in forming their own as well as the Federal Constitution, have adopted republican principles. Notwithstanding this, plans have been artfully laid and vigorously pursued, which, had they been successful, we think would have inevitably changed our republican governments into baleful aristocracies. These plans are frustrated, but the same spirit remains in their abettors; and the institution of Cincinnati, honorable and beneficent as the views may have been of the officers who composed it, we fear, if not totally abolished, will have the same tendency. … 'More power in Congress,' has been the cry from all quarters, but especially of those whose views, not being confined to a government that will best promote the happiness of the people, are extended to one that will afford lucrative employments, civil and military. Such a government is an aristocracy, which would require a standing army and a numerous train of pensioners and placemen to prop and support its exalted administration. To recommend one's self to such an administration would be to secure an establishment for life, and at the same time to provide for his posterity. These are pleasing prospects which republican governments do not afford, and it is not to be wondered at that many persons of elevated views and idle habits in these States are desirous of the change. We are for increasing the power of Congress as far as it will promote the happiness of the people; but at the same time, are clearly of opinion that every measure should be avoided which would strengthen the hands of the enemies to free government, and that an administration of the present Confederation, with all its inconveniences, is preferable to the risk of general dissensions and animosities, which may approach to anarchy and prepare the way to a ruinous system of government."
This letter of the delegates was laid before the legislature at their next session, and produced a vote annulling the resolution recommending a convention. The letter was signed by Elbridge Gerry, Samuel Holton, and Rufus King. Mr. King, in the course of the following year, married Miss Alsop, the only child of John Alsop, a wealthy merchant of New York, and after having represented his native State with credit in the Federal Convention of 1787, moved to that city; was appointed one of the first senators in Congress from the State of New York (General Schuyler being the other); was the friend and associate of Hamilton, Gouverneur Morris, and Jay, and became, and continued for many years, a prominent member of the Federal party.
Every step that was taken toward a convention was regarded with distrust—a distrust founded on a prevalent apprehension that the talented and, as was believed, ambitious men who would get the control of it, would in some way defeat those republican principles for the right to establish which the country had made such great sacrifices.
The Commercial Convention, representing five States, which originated in Virginia and met at Annapolis, and by which the movement that resulted in the present Constitution was commenced, permitted Hamilton to draw up their Address to the other States, which was also to be laid before Congress; but insisted on giving a shape to their proposition which would confine the Federal Convention within narrow bounds. They did this in deference to the well understood sentiment of the country, and as the only course, in their opinion, by which a convention could be obtained; and accordingly they proposed "That a convention should be called to meet at Philadelphia in May next, to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union, and to report such an act for that purpose to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the legislatures of every State, will effectually provide for the same."[6]
The final action of Congress upon the subject, a majority of which entertained similar views, consisted of a resolution, introduced by the delegates from Massachusetts, declaring it to be the opinion of Congress that a convention should be held at the time and place named by the Commissioners who met at Annapolis, "for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of government and the preservation of the Union."[7]
But for the sanction thus given to the measure by Congress no convention would have been held—at least none at that time. Washington, as appears from his Correspondence, would not have deemed a convention legal without it, and would not have attended;[8] and his example, added to the hesitation of most of the States, and the decided opposition of some of them, would have been sufficient to put a stop to the project.
It was under such circumstances that the Convention assembled. Its proceedings have become so familiar to the public mind, from the full publications that have been made of them, and the extent to which they have been reviewed, as to render it unnecessary to go very far into their details. The Anti-Federal plan was introduced by Mr. Patterson, of New Jersey, more in obedience to the ascertained wishes of his constituents, than in conformity with his particular views. It proposed an amendment of the Articles of Confederation for the construction of executive and judicial departments in the federal government; to make its laws and treaties the supreme law of the land; to increase the powers of Congress in several important particulars, among which were the right to levy and collect taxes and imposts, to regulate foreign commerce and commerce between the States, and to give to the federal government power to enforce its requisitions upon the States when it should become necessary—and to leave the government in other respects as it stood.
The plan which Hamilton desired the Convention to propose to the people and the States, of which he left a copy with Mr. Madison as a permanent memorial of his opinions—now published with Mr. Madison's "Papers," and in the "Life of Hamilton" by his son, and agreeing with each other in all respects—consisted, in its most remarkable features, of the following provisions, viz:—
First: The President should hold his office during good behavior, removable only on conviction upon impeachment for some crime or misdemeanor; and he should have an absolute negative upon all bills, resolutions, and acts of Congress about to be passed into a law.
Secondly: The Senators should hold their offices by the same tenure, and should have the exclusive power of declaring war.
Thirdly: The General Government should have the right to appoint the future Governors of the States, who might hold their offices during good behavior, and who should have the power to negative all laws about to be passed by the respective State legislatures, subject to such regulations as Congress might prescribe, and also to appoint all the militia officers if Congress should so direct; and,
Fourthly: Congress should "have power to pass all laws which they shall judge necessary to the common defense and general welfare of the Union."
The first of these plans, which professed to represent the views of the Anti-Federalists, was rejected by the Convention, after full discussion, as has been already mentioned, by a vote of seven States to three, one being divided. Hamilton's scheme was not brought to a vote, nor, except by himself, made the subject of particular discussion. This course was obviously induced, in no small degree, by motives of respect for the feelings of its author. Every body praised his candor and independence, but the popular opinions in respect to its provisions were too well understood to allow of any vote, other than his own, being given in its favor, whatever private sympathy it may have enlisted.
Fortunately for
