Founding America: Documents from the Revolution to the Bill of Rights

by Jack N. Rakove (editor)

  The custom of turning men out of power or office, as soon as they are qualified for it, has been found to be as absurd in practice, as it is virtuous in speculation. It contradicts our habits and opinions in every other transaction of life. Do we dismiss a general—a physician—or even a domestic, as soon as they have acquired knowledge sufficient to be useful to us, for the sake of increasing the number of able generals—skilful physicians—and faithful servants? We do not. Government is a science; and can never be perfect in America, until we encourage men to devote not only three years, but their whole lives to it. I believe the principal reason why so many men of abilities object to serving in congress, is owing to their not thinking it worth while to spend three years in acquiring a profession which their country immediately afterwards forbids them to follow.

  There are two errors or prejudices on the subject of government in America, which lead to the most dangerous consequences.

  It is often said, that “the sovereign and all other power is seated in the people.” This idea is unhappily expressed. It should be—“all power is derived from the people.” They possess it only on the days of their elections. After this, it is the property of their rulers, nor can they exercise or resume it, unless it is abused. It is of importance to circulate this idea, as it leads to order and good government.

  The people of America have mistaken the meaning of the word sovereignty: hence each state pretends to be sovereign. In Europe, it is applied only to those states which possess the power of making war and peace—of forming treaties, and the like. As this power belongs only to congress, they are the only sovereign power in the united states.

  We commit a similar mistake in our ideas of the word independent. No individual state, as such, has any claim to independence. She is independent only in a union with her sister states in congress.

  To conform the principles, morals, and manners of our citizens to our republican forms of government, it is absolutely necessary that knowledge of every kind, should be disseminated through every part of the united states.

  For this purpose, let congress, instead of laying out half a million of dollars, in building a federal town, appropriate only a fourth of that sum, in founding a federal university. In this university, let every thing connected with government, such as history—the law of nature and nations—the civil law—the municipal laws of our country—and the principles of commerce—be taught by competent professors. Let masters be employed, likewise, to teach gunnery—fortification—and every thing connected with defensive and offensive war. Above all, let a professor, of, what is called in the European universities, œconomy, be established in this federal seminary. His business should be to unfold the principles and practice of agriculture and manufactures of all kinds: and to enable him to make his lectures more extensively useful, congress should support a travelling correspondent for him, who should visit all the nations of Europe, and transmit to him, from time to time, all the discoveries and improvements that are made in agriculture and manufactures. To this seminary, young men should be encouraged to repair, after completing their academical studies in the colleges of their respective states. The honours and offices of the united states should, after a while, be confined to persons who had imbibed federal and republican ideas in this university.

  For the purpose of diffusing knowledge, as well as extending the living principle of government to every part of the united states—every state—city—county—village—and township in the union, should be tied together by means of the post-office. This is the true non-electric wire of government. It is the only means of conveying heat and light to every individual in the federal commonwealth. Sweden lost her liberties, says the abbe Raynal, because her citizens were so scattered, that they had no means of acting in concert with each other. It should be a constant injunction to the post-masters, to convey newspapers free of all charge for postage. They are not only the vehicles of knowledge and intelligence, but the centinels of the liberties of our country.

  The. conduct of some of those strangers who have visited our country, since the peace, and who fill the British papers with accounts of our distresses, shews as great a want of good sense, as it does of good nature. They see nothing but the foundations and walls of the temple of liberty, and yet they undertake to judge of the whole fabric.

  Our own citizens act a still more absurd part, when they cry out, after the experience of three or four years, that we are not proper materials for republican government. Remember, we assumed these forms of government in a hurry, before we were prepared for them. Let every man exert himself in promoting virtue and knowledge in our country, and we shall soon become good republicans. Look at the steps by which governments have been changed, or rendered stable in Europe. Read the history of Great Britain. Her boasted government has risen out of wars, and rebellions that lasted above sixty years. The united states are travelling peaceably into order and good government. They know no strife—but what arises from the collision of opinions: and in three years they have advanced further in the road to stability and happiness, than most of the nations in Europe have done, in as many centuries.

  There is but one path that can lead the united states to destruction, and that is their extent of territory. It was probably to effect this, that Great Britain ceded to us so much waste land. But even this path may be avoided. Let but one new state be exposed to sale at a time; and let the land office be shut up till every part of this new state is settled.

  I am extremely sorry to find a passion for retirement so universal among the patriots and heroes of the war. They resemble skilful mariners, who, after exerting themselves to preserve a ship from sinking in a storm, in the middle of the ocean, drop asleep as soon as the waves subside, and leave the care of their lives and property, during the remainder of the voyage, to sailors, without knowledge or experience. Every man in a republic is public property. His time and talents—his youth—his manhood—his old age—nay more, life, all, belong to his country.

  PATRIOTS of 1774, 1775, 1776-HEROES of 1778, 1779, 1780! come forward! your country demands your services!—Philosophers and friends to mankind, come forward! your country demands your studies and speculations! Lovers of peace and order, who declined taking part in the late war, come forward! your country forgives your timidity, and demands your influence and advice! Hear her proclaiming, in sighs and groans, in her governments, in her finances, in her trade, in her manufactures, in her morals, and in her manners, “THE REVOLUTION IS NOT over!”

  —Alexander Hamilton—

  ADDRESS OF THE ANNAPOLIS CONVENTION

  1786

  To the Honorable the Legislatures of Virginia, Delaware, Pennsylvania, and New York.

  THE COMMISSIONERS FROM THE said States, respectively, assembled at Annapolis, humbly beg leave to report: That pursuant to their several appointments they met at Annapolis, in the State of Maryland, on the eleventh day of September, instant, and having proceeded to a communication of their powers, they found that the States of New York, Pennsylvania, and Virginia had, in substance, and nearly in the same terms, authorized their respective commissioners to meet such commissioners as were or might be appointed by the other States in the Union, at such time and place as should be agreed upon by the said commissioners, to take into consideration the trade and commerce of the United States, to consider how far a uniform system in their commercial intercourse and regulations might be necessary to their common interest and permanent harmony, and to report to the several States such an act relative to this great object as, when unanimously ratified by them, would enable the United States in Congress assembled effectually to provide for the same.

  That the State of Delaware had given similar powers to their commissioners ; with this difference only, that the act to be framed in virtue of these powers is required to be reported “to the United States in Congress assembled, to be agreed to by them, and confirmed by the Legislature of every State.”

  That the State of New Jersey had enlarged the
object of their appointment, empowering their commissioners “to consider how far a uniform system in their commercial regulations, and other important matters, might be necessary to the common interest and permanent harmony of the several States; and to report such an act on the subject as, when ratified by them, would enable the United States in Congress assembled effectually to provide for the exigencies of the Union.”

  That appointments of commissioners have also been made by the States of New Hampshire, Massachusetts, Rhode Island, and North Carolina, none of whom, however, have attended. But that no information has been received by your commissioners of any appointment having been made by the States of Connecticut, Maryland, South Carolina, or Georgia. That the express terms of the powers to your commissioners supposing a deputation from all the States, and having for their object the trade and commerce of the United States, your commissioners did not conceive it advisable to proceed to the business of their mission under the circumstances of so partial and defective a representation.

  Deeply impressed, however, with the magnitude and importance of the object confided to them on this occasion, your commissioners cannot forbear to indulge an expression of their earnest and unanimous wish that speedy measures may be taken to effect a general meeting of the States in a future convention for the same, and such other purposes as the situation of public affairs may be found to require.

  If in expressing this wish, or intimating any further sentiment, your commissioners should seem to exceed the strict bounds of their appointment, they entertain a full confidence that a conduct dictated by an anxiety for the welfare of the United States will not fail to receive a favorable construction. In this persuasion, your commissioners submit an opinion that the idea of extending the powers of their deputies to other subjects than those of commerce, which had been adopted by the State of New Jersey, was an improvement on the original plan, and will deserve to be incorporated into that of a future convention. They are the more naturally led to this conclusion, as, in the course of their reflections on the subject, they have been induced to think that the power of regulating trade is of such comprehensive extent, and will enter so far into the general system of the Federal Government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the Federal system. That there are important defects in the system of the Federal Government is acknowledged by the acts of all those States which have concurred in the present meeting; that the defects upon a closer examination may be found greater and more numerous than even these acts imply, is at least so far probable, from the embarrassments which characterize the present state of our national af fairs, foreign and domestic, as may reasonably be supposed to merit a deliberate and candid discussion in some mode which will unite the sentiments and councils of all the States.

  In the choice of the mode, your commissioners are of the opinion that a CONVENTION of deputies from the different States for the special and sole purpose of entering into this investigation, and digesting a plan of supplying such defects as may be discovered to exist, will be entitled to a preference, from considerations which will occur without being particularized. Your commissioners decline an enumeration of those national circumstances on which their opinion respecting the propriety of a future convention with those enlarged powers is founded, as it would be an intrusion of facts and observations, most of which have been frequently the subject of public discussion, and none of which can have escaped the penetration of those to whom they would in this instance be addressed.

  They are, however, of a nature so serious as, in the view of your commissioners, to render the situation of the United States delicate and critical, calling for an exertion of the united virtue and wisdom of all the members of the Confederacy. Under this impression your commissioners, with the most respectful deference, beg leave to suggest their unanimous conviction, that it may effectually tend to advance the interests of the Union, if the States by which they have been respectively delegated would concur themselves and use their endeavors to procure the concurrence of the other States in the appointment of commissioners to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall 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 Legislature of every State, will effectually provide for the same.

  Though your commissioners could not with propriety address these observations and sentiments to any but the States they have the honor to represent, they have nevertheless concluded, from motives of respect, to transmit copies of this report to the United States in Congress assembled, and to the Executives of the other States.

  RESOLUTION OF CONGRESS

  FEBRUARY 21, 1787

  FEBRUARY 21ST 1787.

  WHEREAS THERE IS PROVISION in the Articles of Confederation and perpetual Union for making alterations therein by the assent of a Congress of the United States and of the Legislatures of the several States; And Whereas experience hath evinced that there are defects in the present Confederation, as a mean to remedy which several of the States and particularly the State of New York by express instructions to their Delegates in Congress have suggested a Convention for the purposes expressed in the following resolution and such Convention appearing to be the most probable mean of establishing in these States a firm National Government—

  Resolved That in the opinion of Congress it is expedient that on the second Monday in May next a Convention of Delegates who shall have been appointed by the several States be held at Philadelphia 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—

  —James Madison—

  VICES OF THE POLITICAL SYSTEM

  OF THE UNITED STATES

  APRIL 1787

  Observations by J. M. (A copy taken by permission by Dan. Carroll sent to Ch. Carroll of Carrollton.)

  1. FAILURE OF THE STATES to comply with the Constitutional requisitions. This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly exemplified in every similar Confederacy, that it may be considered as not less radically and permanently inherent in than it is fatal to the object of the present system.

  2. Encroachments by the States on the federal authority. Examples of this are numerous and repetitions may be foreseen in almost every case where any favorite object of a State shall present a temptation. Among these examples are the wars and treaties of Georgia with the Indians. The unlicensed compacts between Virginia and Maryland, and between Pen.a & N. Jersey—the troops raised and to be kept up by Massts.

  3. Violations of the law of nations and of treaties. From the number of Legislatures, the sphere of life from which most of their members are taken, and the circumstances under which their legislative business is carried on, irregularities of this kind must frequently happen. Accordingly not a year has passed without instances of them in some one or other of the States. The Treaty of Peace—the treaty with France—the treaty with Holland have each been violated. The causes of these irregularities must necessarily produce frequent violations of the law of nations in other respects.

  As yet foreign powers have not been rigorous in animadverting on us. This moderation, however cannot be mistaken for a permanent partiality to our faults, or a permanent security ag.st those disputes with other nations, which being among the greatest of public calamities, it ought to be least in the power of any part of the community to bring on the wh
ole.

  4. Trespasses of the States on the rights of each other. These are alarming symptoms, and may be daily apprehended as we are admonished by daily experience. See the law of Virginia restricting foreign vessels to certain ports—of Maryland in favor of vessels belonging to her own citizens-of N. York in favor of the same—

  Paper money, instalments of debts, occlusion of Courts, making property a legal tender, may likewise be deemed aggressions on the rights of other States. As the Citizens of every State aggregately taken stand more or less in the relation of Creditors or debtors, to the Citizens of every other State, Acts of the debtor State in favor of debtors, affect the Creditor State, in the same manner as they do its own citizens who are relatively creditors towards other citizens. This remark may be extended to foreign nations. If the exclusive regulation of the value and alloy of coin was properly delegated to the federal authority, the policy of it equally requires a controul on the States in the cases above mentioned. It must have been meant 1 ) to preserve uniformity in the circulating medium throughout the nation. 2) to prevent those frauds on the citizens of other States, and the subjects of foreign powers, which might disturb the tranquillity at home, or involve the Union in foreign contests.

  The practice of many States in restricting the commercial intercourse with other States, and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the federal articles, is certainly adverse to the spirit of the Union, and tends to beget retaliating regulations, not less expensive and vexatious in themselves than they are destructive of the general harmony.

  5. Want of concert in matters where common interest requires it. This defect is strongly illustrated in the state of our commercial af fairs. How much has the national dignity, interest, and revenue, suf fered from this cause? Instances of inferior moment are the want of uniformity in the laws concerning naturalization & literary property ; of provision for national seminaries, for grants of incorporation for national purposes, for canals and other works of general utility, Wch may at present be defeated by the perverseness of particular States whose concurrence is necessary.