"First, That the general government is not invested with more powers than are indispensably necessary to perform the functions of a good government, and, consequently, that no objection ought to be made against the quant.i.ty of power delegated to it.
"Secondly, That these powers, as the appointment of all rulers will forever arise from, and at short stated intervals recur to the free suffrage of the people, are so distributed among the legislative, executive, and judicial branches in to which the general government is arranged that it can never be in danger of degenerating into a monarchy, an oligarchy, an aristocracy, or any other despotic or oppressive form so long as there shall remain any virtue in the body of the people.
"I would not be understood, my dear Marquis, to speak of consequences which may be produced in the revolution of ages, by corruption of morals, profligacy of manners, and listlessness in the preservation of the natural and unalienable rights of mankind, nor of the successful usurpations that may be established at such an unpropitious juncture upon the ruins of liberty, however providentially guarded and secured, as these are contingencies against which no human prudence can effectually provide. It will at least be a recommendation to the proposed const.i.tution that it is provided with more checks and barriers against the introduction of tyranny and those of a nature less liable to be surmounted than any government hitherto inst.i.tuted among mortals.
We are not to expect perfection in this world: but mankind, in modern times, have apparently made some progress in the science of government.
Should that which is now offered to the people of America be found an experiment less perfect than it can be made, a const.i.tutional door is left open for its amelioration."
A letter of Mr. Jefferson, written to one of his friends while the const.i.tution was under consideration, gives some interesting particulars respecting its reception and the opinions of some of the States and leaders in regard to it:
"The const.i.tution," he says, "has been received with very general enthusiasm; the bulk of the people are eager to adopt it. In the eastern States the printers will print nothing against it unless the writer subscribes his name. Ma.s.sachusetts and Connecticut have called conventions in January to consider it. In New York there is a division; the governor, Clinton, is known to be hostile. Jersey, it is thought, will accept; Pennsylvania is divided, and all the bitterness of her factions has been kindled anew. But the party in favor of it is the strongest, both in and out of the Legislature. This is the party anciently of Morris, Wilson, etc. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it, yet it is supposed that Chase and Paca will oppose it. As to Virginia, two of her delegates, in the first place, refused to sign it; these were Randolph, the governor, and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees are against it. General Washington will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar," etc.
With respect to Washington, Jefferson was mistaken. His letters show that he did exert himself very zealously to remove the objections of recusant States and statesmen, especially the Virginia leaders who were all numbered among his personal friends.
The following letter to Jonathan Trumbull, of Connecticut, written at Mount Vernon on the 20th of July, 1788, when the final event was pretty certain, evinces the lively interest he took in the progress of affairs and the deep religious feeling of thankfulness with which, as usual, he recognized the hand of Providence in the result:
"You will have perceived from the public papers," he writes, "that I was not erroneous in my calculation, that the const.i.tution would be accepted by the convention of this State. The majority, it is true, was small and the minority respectable in many points of view. But the great part of the minority here, as in most other States, have conducted themselves with great prudence and political moderation, insomuch that we may antic.i.p.ate a pretty general and harmonious acquiescence. We shall impatiently wait the result from New York and North Carolina. The other State, which has not yet acted, is nearly out of the question.
"I am happy to hear from General Lincoln and others that affairs are taking a good turn in Ma.s.sachusetts, but the triumph of salutary and liberal measures over those of an opposite tendency seems to be as complete in Connecticut as in any other State, and affords a particular subject of congratulation. Your friend, Colonel Humphreys, informs me from the wonderful revolution of sentiment in favor of Federal measures and the marvelous change for the better in the elections of your State, that he shall begin to suspect that miracles have not ceased. Indeed, for myself, since so much liberality has been displayed in the construction and adoption of the proposed general government, I am almost disposed to be of the same opinion. Or at least we may, with a kind of pious and grateful exultation, trace the finger of Providence through those dark and mysterious events which first induced the States to appoint a general convention and then led them one after another, by such steps as were best calculated to effect the object into an adoption of the system recommended by that general convention, thereby, in all human probability, laying a lasting foundation for tranquility and happiness, when we had but too much reason to fear that confusion and misery were coming rapidly upon us."
North Carolina and Rhode Island did not at first accept the const.i.tution and New York was apparently dragged into it by a repugnance to being excluded from the confederacy. At length the conventions of eleven States a.s.sented to and ratified the const.i.tution. When officially informed of this fact, Congress pa.s.sed an act appointing a day for the people throughout the Union to choose electors of a president of the United States in compliance with the provision in the const.i.tution and another day for the electors to meet and vote for the person of their choice. The choice of electors was to take place in February, 1789, and the electors were to meet and choose a president on the first Wednesday in March following.
A few days before the close of the convention, Washington prepared and submitted a draft of a letter to Congress, which was adopted. The const.i.tution having been duly signed, it was transmitted to Congress, with the letter from the president of the convention.
"IN CONVENTION, September 17, 1787.
"SIR:--We have now the honor to submit to the consideration of the United States, in Congress a.s.sembled, that const.i.tution which has appeared to us the most advisable.
"The friends of our country have long seen and desired, that the power of making war, peace, and treaties; that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union: but the impropriety of delegating such extensive trust to one body of men is evident. Hence results the necessity for a different organization.
"It is obviously impracticable in the federal government of these States to secure all the rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty, to preserve the rest. The magnitude of the sacrifice must depend, as well on situation and circ.u.mstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion, this difficulty was increased by a difference among the several States, as to their situation, extent, habits, and particular interests.
"In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus the const.i.tution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.
"That it will meet the full and entire approbation of every State, is not perhaps to be expected; but each State will doubtless consider, that had her interests alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish.
"With great respect, we Have the honor to be, sir, your Excellency"s most obedient and humble servants.
"GEORGE WASHINGTON,
"_President_.
"By unanimous Order of the Convention.
"His EXCELLENCY THE PRESIDENT OF CONGRESS."
We give this important doc.u.ment in full, as contained in the Supplement to the Journal of the Federal Convention.
THE CONSt.i.tUTION OF THE UNITED STATES.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Const.i.tution for the United States of America.
ARTICLE I.
Sect. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Sect. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have, at least, one representative; and until such enumeration shall be made, the State of New Hampshire shall be ent.i.tled to choose three, Ma.s.sachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
SECT. 3. The Senate of the United States shall be composed of two senators from each State, chosen by the legislature thereof, for six years; and each senator shall have one vote.
Immediately after they shall be a.s.sembled in consequence of the first election, they shall be divided, as equally as may be, into three cla.s.ses. The seats of the senators of the first cla.s.s shall be vacated at the expiration of the second year, of the second cla.s.s at the expiration of the fourth year, and of the third cla.s.s at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The vice-president of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief-justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.
SECT. 4. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators.
The Congress shall a.s.semble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECT. 5. Each house shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall const.i.tute a quorum to do business; but a smaller number may adjourn from day to day, and imposts, and excises shall be uniform throughout the United States:
To borrow money on the credit of the United States:
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes:
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States:
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:
To provide for the punishment of counterfeiting the securities and current coin of the United States:
To establish post-offices and post-roads:
To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: