Max Farrand

“ No man pretends the contrary: we all see and feel this necessity. The only question is, Shall it be a coercion of law, or a coercion of arms? There is no other possible alternative. Where will those who oppose a coercion of law come out? Where will they end? A necessary consequence of their principles is a war of the states one against the other. I am for coercion by law—that coercion which acts only upon delinquent individuals. This Constitution does not attempt to coerce sovereign bodies, states, in their political capacity. ”

“ No man is more clear, copious, and comprehensive than Mr. Wilson, yet he is no great Orator. He draws the attention not by the charm of his eloquence, but by the force of his reasoning. He is about 45 years old.
Mr. Governeur Morris is one of those Genius’s in whom every species of talents combine to render him conspicuous and flourishing in public debate:—He winds through all the mazes of rhetoric, and throws around him such a glare that he charms, captivates, and leads away the senses of all who hear him. ”

“ I was always satisfied, as I have now experienced, that this great subject would be placed in new lights and attitudes by the criticism of the world, and that no man can assure himself how a constitution will work for a course of years, until at least he shall have heard the observations of the people at large. I also fear more from inaccuracies in a constitution, than from gross errors in any other composition; because our dearest interests are to be regulated by it; and power, if loosely given, especially where it will be interpreted with great latitude, may bring sorrow in its execution. ”

“ If it is necessary to have guards against improper elections of Electors, and to institute tribunals to inquire into their qualifications, with the State Legislatures, and with them alone, rests the power to institute them, and they must exercise it. To give to Congress, even when assembled in convention, a right to reject or admit the votes of States, would have been so gross and dangerous an absurdity, as the framers of the Constitution never could have been guilty of. ”

“ The States have a right to an equality of representation. This is secured to us by our present articles of confederation; we are in possession of this privilege—It is now to be torn from us—What security can you give us, that, when you get the power the proposed system will give you, when you have men and money, that you will not force from the States that equality of suffrage in the second branch, which you now deny to be their right, and only give up from absolute necessity? Will you tell us we ought to trust you because you now enter into a solemn compact with us? ”

“ I was afraid that if the constitution was to be submitted to the people, to be wholly adopted or wholly rejected by them, they would not only reject it, but bid a lasting farewell to the union. This formidable event I wished to avert, by keeping myself free to propose amendments, and thus, if possible, to remove the obstacles to an effectual government. But it will be asked, whether all these arguments, were not be well weighed in convention. ”

“ You will perceive, Sir, not only that the general government is prohibited from interfering in the slave-trade before the year eighteen hundred and eight, but that there is no provision in the constitution that it shall afterwards be prohibited, nor any security that such prohibition will ever take place; and I think there is great reason to believe, that, if the importation of slaves is permitted until the year eighteen hundred and eight, it will not be prohibited afterwards. At this time, we do not generally hold this commerce in so great abhorrence as we have done. ”

“ There can be no compact unless there are more parties than one. It is a new doctrine that one can make a compact with himself. “The convention were forming compacts!” With whom? I know no bargains that were made there. I am unable to conceive who the parties could be. The State governments make a bargain with one another; that is the doctrine that is endeavored to be established by gentlemen in opposition; their State sovereignties wish to be represented! But far other were the ideas of this convention, and far other are those conveyed in the system itself. ”

“ Not what the gentleman from Maryland would infer; not what he ought to prove, before the assertion and the argument can be worth anything to him on this occasion; not that such combination may not be feared if you alter the Constitution, but that it is impracticable as it now stands. The refined process established for electing a President was calculated to guard against that very danger, but if altered and destroyed, we shall soon be subject to that evil. Why is it, sir, that none of our laws are the result of any combination of States? ”

“ No external calamity has visited us—we labor under no taxation that is new or oppressive, nor are we engaged in a war with foreigners, or in disputes with ourselves. To what then, are we to attribute our embarrassments as a nation? The answer is an obvious one.—To the weakness and impropriety of a government, founded in mistaken principles—incapable of combining the various interests it is intended to unite and support—and destitute of that force and energy, without which, no government can exist. ”

“ You must not hesitate to adopt proper measures, under an apprehension the States may reject them. From your deliberations much is expected; the eyes, as well as hopes of your constituents are turned upon the Convention; let their expectations be gratified. Be assured, that, however unfashionable for the moment, your sentiments may be, yet, if your system is accomodated to the situation of the Union, and founded in wise and liberal principles, it will, in time, be consented to. An energetic government is our policy, and it will at last be discovered, and prevail. ”

“ It would have been a solecism, to have a government without any means of self-preservation. The Confederation is the only instance of a government without such means, and is a nerveless system, as inadequate to every purpose of government as it is to the security of the liberties of the people of America. When the councils of America have this power over elections, they can, in spite of any faction in any particular state, give the people a representation. ”

“ By the power to lay and collect imposts, they may impose duties on any or every article of commerce imported into these States, to what amount they please. By the power to lay excises, a power very odious in its nature, since it authorizes officers to go into your houses, your kitchens, your cellars, and to examine into your private concerns, the Congress may impose duties on every article of use or consumption,—on the food that we eat, on the liquors we drink, on the clothes that we wear, the glass which enlightens our houses, or the hearths necessary for our warmth and comfort. ”

“ President,” said he, “at a very momentous and interesting crisis in our deliberations. Hitherto our views have been as harmonious, and our progress as great, as could reasonably have been expected. But now an unlooked for and formidable obstacle is thrown in our way, which threatens to arrest our course, and, if not skilfully removed, to render all our fond hopes of a constitution abortive. The ground which has been taken by the delegates of the four smallest states, was as unexpected by me, and as repugnant to my feelings, as it can be to any other member of this Convention. ”

“ I am free to confess that after all our Endeavours, Our System is little better than matter of Experiment; and that much must depend on the morals and manners of the People at large. It is a large and wide Extended Empire, let then the System be ever so perfect, good Order and Obedience must greatly depend on the Patriotism of the Citizen. I am not insensible that the Constitution we have Ventured to recommend to the States has its faults ”

“ Suppose America was engaged in war; and the man of the greatest military talents and approved fidelity, was a member of either house—would it be right that this man who could lead us to conquer, and who could save his country from destruction, could not be made general till the term of his election expired? Before that time we might be conquered by our enemies. This will apply to civil as well as military offices. It is impolitic to exclude from the service of his country, in any office, the man who may be most capable of discharging its duties, when they are most wanting. ”

“ The opinion had been that all undue agency or influence was entirely guarded against; that the men selected by the people from their own body would give their votes in such a manner as that no opportunity would be afforded for a combination, to change the freedom and popular character which naturally belonged to the electoral bodies. Such had been the idea of the nation at the time of the adoption of the Constitution. We all know, said he, the course which this thing has taken. The election of a President of the United States is no longer that process which the Constitution contemplated. ”

“ It was said, that the maxim, that taxation and representation ought to go together, was true so far, that no person ought to be taxed who is not represented, but not in the extent insisted upon, to wit, that the quantum of taxation and representation ought to be the same; on the contrary, the quantum of representation depends upon the quantum of freedom; and therefore all, whether individual States, or individual men, who are equally free, have a right to equal representation. ”

“ That, when a number of States unite themselves under a federal government, the same principles apply to them, as when a number of individual men unite themselves under a State government. That every argument which shows one man ought not to have more votes than another, because he is wiser, stronger, or wealthier, proves that one State ought not to have more votes than another, because it is stronger, richer, or more populous. ”

“ Their regulations must ever interfere with each other, and perpetually disgrace and distract the Federal Councils. I must confess, I view the power of revision and of a negative as the corner stone of any reform we can attempt, and that its exercise by Congress will be as safe as it is useful. In a Government constituted as this is, there can be no abuse of it.—The proceedings of the States which merely respect their local concerns, will always be passed as matters of form, and objections only arise where they shall endeavor to contravene the Federal Authority. ”

“ Perhaps had I been treated with a more forbearing indulgence while committing those memorable blunders, for a want of a sufficient knowledge in the science of government, I might, after the rays of light had illuminated my mind, have rendered my country much more important services, and not only assisted in raising some of the pillars, but have furnished the edifice with a new roof of my own construction, rather better calculated for the convenience and security of those who might wish to take shelter beneath it, than that which it at present enjoys. ”

“ Were we to attempt a correct definition of a republican government, we should say, ‘That is a republican government, in which both the executive and legislative organs are appointed by a popular election, and hold their offices upon a responsible and defeasible tenure.’ If this be not so, then the tenure of good behavior for the judicial department is anti-republican, and the government of this state is not a republic; if the contrary, then a government would not cease to be republican because a branch of the legislature, or even the executive, held their offices during good behaviour. ”

“ It is sufficient for this Constitution, that, so far from laying them under a necessity of contending, it provides every reasonable check against it. But perhaps, at some time or other, there will be a contest; the states may rise against the general government. If this do take place, if all the states combine, if all oppose, the whole will not eat up the members, but the measure which is opposed to the sense of the people will prove abortive. In republics, it is a fundamental principle that the majority govern and that the minority comply with the general voice. ”

“ It was urged by the deputies of the Eastern States, that a representation of two fifths would be of little utility and that their entire representation would be unequal and burdensome—that, in a time of war, slaves rendered a country more vulnerable, while its defence devolved upon its free inhabitants. On the other hand, we insisted that, in time of peace, they contributed, by their labor, to the general wealth, as well as other members of the community—that, as rational beings, they had a right of representation, and, in some instances, might be highly useful in war. ”

“ Believe me Sir, it is no small task to bring to a conclusion the great objects of a United Government viewed in different points by thirteen Independent Sovereignties; United America must have one general Interest to be a Nation, at the same time preserving the particular Interest of the Individual States. ”

“ Shall we place less confidence in men appointed by ourselves, and subject to our recall, than we did in their executive? I hope not. Whatever views we may have of the importance or retained sovereignty of the States, be assured they are visionary and unfounded, and that their true interests consist in concentring as much as possible, the force and resources of the Union in one superintending Government, where alone they can be exercised with effect. In granting to the Federal Government certain exclusive national powers, you invest all their incidental rights. ”

“ One hour you sported the opinion that Congress, afraid of the militia resisting their measures, would neither arm nor organize them, and the next, as if men required no time to breathe between such contradictions, that they would harass them by long and unnecessary marches, till they wore down their spirit and rendered them fit subjects for despotism. ”

“ And shall we doubt finding three or four men in all the U. States, with public spirit enough to bear sitting in peaceful Council for perhaps an equal term, merely to preside over our civil concerns, and see that our laws are duly executed. Sir, I have a better opinion of our country. I think we shall never be without a sufficient number of wise and good men to undertake and execute well and faithfully the Office in question.
Sir, The saving of the salaries that may at first be proposed is not an object with me. ”

“ Since the publication of the Constitution, every topic of vulgar declamation has been employed to persuade the people, that it will destroy the trial by jury, and is defective for being without a bill of rights. You, sir, had more candour in the Convention than we can allow to those declaimers out of it; there you never signified by any motion or expression whatever, that it stood in need of a bill of rights, or in any wise endangered the trial by jury. ”