USA > Kentucky > Boyle County > Danville > The Political Club, Danville, Kentucky, 1786-1790. Being an account of an early Kentucky society from the original papers recently found > Part 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10
Finally, in the great case of Marbury v. Madison, I Cranch, 137, in 1803, Chief Justice Marshall forever put the question to rest, and Kent says: "The principle in the English Government that Parliament is omnipotent does not prevail in the United States. . The law with us must conform in the first place to the Consti- tution of the United States, and then to the subordinate constitution of its own particular State, and if it in- fringes the provisions of either it is in so far void."*
* It seems that the question came before the courts in several of the States. The case of the Judges, 4 Call's Reports, 135, was an interesting one. The Virginia Legislature passed an act which would have deprived the Appellate Judges of their seats. After a full discussion the judges decided
I33
THE POLITICAL CLUB.
In a very recent work of John Fisk, entitled "Civil Government in the United States." this subject is men- tioned in this striking manner: "The importance of this feature of civil government in the United States can hardly be overrated. It marks a momentous advance in civilization, and it is especially interesting as being peculiarly American. Almost every thing else in our fundamental institutions was brought to bear by our forefathers in a more or less highly developed condition from England, but the development of the written con- stitution, with the consequent relation of the courts to the law-making power, has gone on entirely upon American soil." It is not surprising then that the debate in The Political Club was one to be character- that they would proceed to business, for as they held their offices under the constitution the new law could not take them away if it were so intended.
Judge Cooley, in his Constitutional Limitations, page 160, cites Tevett v. Weedon, a Rhode Island case, where the judges refused to enforce a law punishing without trial by jury any one who discouraged the circulation of certain State bank bills as specie. The judges were iuipeached, and though not removed they were not re-elected, and others more pliable were put in office. The discussion in the club in 1787 was at least contemporaneous with the earliest cases before the courts. It is hardly likely that the club could have had knowledge of the cases, but doubtless considered the subject independently of them. The difference between the law-making power in England aud in America is well expressed by Justice Patterson, of Pennsyl- vania, in 1795, in Vanhorne v. Dorrance, 2 Dallas, 308. He says : "In England the authority of Parliament was without limit and rests above control. It is difficult to say what the Coustitution of England is, because, not being reduced to written certainty and precision, it lies entirely at the mercy of Parliament.
134
THE POLITICAL CLUB.
ized as it was by Major Beatty .* The teaching and preconceived opinions of the members naturally led to revere the law- making power, but they were coming steadily up to the light and were in the dawn of con- stitutional rights and constitutional liberty.
SATURDAY, MAY 12, 1787.
Resolved, that Mr. Speed, senior, be appointed President for this evening. Resolved, that the reasons given by Mr. Willis Green for not attending since his election are reasonable and satisfactory. Whereupon he signed the constitution and took his seat.
The question appointed for this evening's debate, after being read and debated, was determined as follows: Resolved, as the opinion of this club, that the encouragement of intermarriages between the inhabitants of this District and the neighboring Indian tribes would not be consistent with the policy of the District.
William McDowell was nominated for membership.
Resolved, that the following be the subject for discussion for the next meeting of the club, " Would it be to the interest and true policy of this District, should a separation from the State of Vir- ginia take place, to invite the inhabitants of Cumberland to unite
It bends to every governmental exigency. It varies and is blown about by every breeze of legislative humor or political caprice."
In America, he says, every State has its constitution, which "contains the permanent will of the people and is the supreme law of the land. . . . What are legislatures? Creatures of the constitution; they owe their existence to the constitution; they derive their powers from the constitution; it is their commission, and therefore all their acts must be conformable to it or else they will be void."
* See page 33.
135
THE POLITICAL CLUB.
with them in government?" and that Mr. Todd and Mr. Ormsby do introduce the same.
Ordered that the club be adjourned.
It is difficult to conceive what arguments could have been used on the affirmative side of the question of intermarriage with Indians. That the question should have been discussed at all arouses a feeling of repug- nance. But the members of The Political Club had a better knowledge of the Indian character than persons of later generations. No degradation has ever attached to the admixture of Indian blood, and it may have been supposed by some that as occasional marriages between the whites and Indians, that of Pocahontas and Rolfe being a noted instance, had resulted favorably, that the practice might be not only tolerated but encouraged. . But the decision of the question was in the negative .*
SATURDAY, MAY 19, 1787.
Resolved, that Mr. Muter be appointed President for this even- ing. Resolved, that the reasons given by Mr. Kennedy and Mr. Todd for their absence the last club night are sufficient. Re- solved, that Mr. Green have leave of absence for this evening.
*It has been seen that it was the opinion of the club that the Indians had certain rights to the land. This and the fact that the question of inter- marriage was considered at all go to show that thoughtful men a century ago, who had the best opportunities for knowing Indian character, seem to have had liberal views concerning those mysterious people. In the earlier
1
.
£
136
THE POLITICAL CLUB.
Resolved. that the reasons given by Mr. Ormsby for his absence for four club nights are satisfactory, and that he be readmitted without paying the fines.
Resolved, that the subject for this evening's debate be post- poned till the next meeting of the club.
Ordered that the club be adjourned.
SATURDAY, MAY 26, 1787.
Resolved, that Mr. Kennedy be appointed President for this evening.
The committee appointed to examine the ballots taken for the admission of William McDowell reported his election by unani- mous consent. Resolved, that the decision on the subject appointed for this evening's discussion be postponed until the next meeting of the club.
Ordered that the club be adjourned.
SATURDAY, JUNE 2, 1787.
Resolved, that Mr. Allin be appointed President for this evening. Resolved, that the Treasurer's accounts do pass.
Resolved, that the following be the subject for the next meet- ing of the club, "What ought to be the powers in the second branch of the legislature in a commonwealth?" and that Mr. Ken- nedy and Mr. Speed do introduce the same.
Resolved, that Mr. Muter have leave of absence for the two club nights next ensuing.
days the terms "noble savage" and "child of nature" were not so entirely poetical as at this time. Contact with civilization has not advanced the In- . dian as much as it has injured him, perhaps. It is a singular fact disclosed by these old Political Club papers, that the pioneers of Kentucky, while fighting the Indians, were yet willing to do them justice, and saw enough good in the savages to lead them even to consider the possible propriety of intermarriage with the white race.
THE POLITICAL CLUB. 137
The discussion at this meeting was upon the ques- tion, "Would it be to the interest and true policy of this District, should a separation from the State of Vir- ginia take place, to admit the inhabitants of Cumber- land to unite with them in government?" Messrs. Todd and Ormsby were the leaders, and the question was decided in the affirmative.
The section called Cumberland was the central por- tion of the territory afterward erected into the State of Tennessee, the eastern portion being at that time known as Franklin. The Cumberland settlement liad been started by James Robertson, in 1780. He, with a party, moved out to the west, passing through Cumber- land Gap and over the Wilderness Road as far as Crab Orchard. Then, instead of turning into the level lands of Kentucky, he took a southwestwardly course and made his way through the hills to the Cumberland River, at the point which afterward became Nashville. He there establislied a community which received the name of Cumberland. In the contests with the Indians Robertson visited the Kentucky settlements and re- ceived from them substantial aid. The question in The Political Club at Danville suggests again the influence of the routes of travel upon the events of that day. The way of reaching Nashborough from the east, and
19
138
THE POLITICAL CLUB.
the way of return thither, continued for some time to be through Kentucky. This brought the people about Danville in contact with the inhabitants of Cumber- land, and directed attention to that settlement, thus suggesting the desirability of uniting with them in the formation of a western government, such a movement being an entirely new proposition.
SATURDAY, JUNE 9, 1787.
The minutes of this meeting are fragmentary. They show that it was resolved that the club should adjourn until the last Saturday in June, and that the subject for discussion for the next meeting was. "Whether it is not more to the interest of a commonwealth that the legislative body should consist of two branches than one?" and that Mr. Craddock and Mr. Speed introduce the same.
SATURDAY, JUNE 30, 1787.
Resolved, that Mr. Samuel McDowell be appointed President for this evening.
The only other minute of this meeting is:
Resolved, that the decision on the subject appointed for this evening's meeting be postponed until the next meeting of the club.
It would appear from this that discussion was had, but no decision.
139
THE POLITICAL CLUB.
SATURDAY, JULY 7, 1787.
Resolved, that Mr. Ormsby be appointed President for this even- ing. Resolved, that Mr. Barbee and Mr. Green, who were absent at last meeting of the club, be excused.
The question postponed at the last meeting of the club, to wit, "Whether it is not more to the interest of a commonwealth that the legislative body should consist of two branches than one?" was read and debated. Resolved, as the opinion of this club, that it would be more to the interest of a commonwealth that the legisla- tive body should consist of two branches than one.
The committee appointed to examine the ballots taken for the admission of Matthew Walton reported that they found all the ballots in favor of his admission. Resolved, that Mr. Matthew Walton be admitted a member of this club.
Resolved, that the following be the subject for the next meet- ing of the club: "What ought to be the powers of the second branch of the legislature in a commonwealth?"
SATURDAY, JULY 14, 1787.
Resolved, that Mr. Barbee be appointed President for this even- ing. Resolved, that the subject appointed for this evening's discus- sion be postponed until the next club night. Resolved, that Mr. Allin have leave of absence for this evening.
Ordered that the club be adjourned.
SATURDAY, JULY 28, 1787.
Resolved, that Mr. Todd be appointed President for this evening. Resolved, that Mr. Brown be excused for his absence the four nights last preceding. Resolved, that Mr. William McDowell be excused for his absence the last club night.
140
THE POLITICAL CLUB.
The subject postponed for the debate of this evening was read and again postponed for the discussion of the next club night.
Resolved, that Mr. Brown, Mr. Innes, and Mr. Allin be appointed a committee to revise the constitution of the club. Resolved, that the next meeting of the club be Saturday, the 11th day of August.
Ordered that the club be adjourned.
SATURDAY, AUGUST 11, 1787.
Mr. McDowell, junior, President.
Mr. Barbee, Mr. Speed, senior, and Mr. McDowell. senior, ex- cused. Discussion postponed, and ordered that the club adjourn until August 25th.
From this date the minutes of the club are not among the papers. The work of the club can only be gathered from fragments of paper and disjointed memoranda. There is nothing to show what conclusion was reached upon the discussion of the question, "What ought to be the powers of the second branch of the legislature?" but in the discussion of the Constitution of the United States, which afterward followed, there are expressions which show the sentiments of some of the members.
Although the club had in February, 1787, debated the question whether annual or other elections were to be preferred, it seems that in the summer or autumn of the same year they recurred to the subject and dis-
141
THE POLITICAL CLUB.
cussed, "What period of elections is most agreeable to the spirit of a free government?"
A brief mention of this discussion is preserved, not in any regular minute, but upon a scrap of paper, the smallness of which illustrates one of the features of that day in Kentucky. It is easy to believe paper was a scarce article with the members of the club, and they used it sparingly. Upon a bit of coarse paper, once white but now yellow, is written in excellent characters the following, being doubtless the head of some mem- ber's argument :
"Before we can properly discuss this question it will be neces- sary to inquire, What is the spirit of a free government? In the first place the spirit of a free government is that the people alone govern. In the second place, that the people should be governed by just, equal, and wise laws.
"To inquire into what period will most certainly produce this, weekly or monthly elections would certainly secure the people the government. Then why is the period carried from weekly or monthly to annual? The more effectually to secure to them their freedomn. I do not conceive that their freedom and happiness consist so much in their governing themselves as in the laws by which they are . governed. Can I be said to be free if the laws are so weak as not to secure my property and defend my person?
"To prove that we shall not be so well represented by annual as by longer election. . . . If we are better represented, our laws must certainly be better. If our laws are better, are we not more happy and more free?"
£
142
THE POLITICAL CLUB.
December 29, 1787, the question was in the form of a resolution :
Resolved, that it would be mnost conducive to the safety of a republic that the second branch of the legislature should be elected by representatives chosen with power for that purpose.
This method of electing senators was provided in the first Constitution of Kentucky, framed four years later, and, as we have seen, several members of the club became electors of the senate. These electors were chosen every four years, and formed a college for the choice "of men of the most wisdom, experience, and virtue in the State as senators," and they also selected the governor. This arrangement continued until the year 1799, when a new constitution made a change.
SATURDAY, JANUARY 26, 1788.
Resolved, that Mr. Barbee be appointed President for this evening.
The question discussed was, "Whether the emission of a paper currency would be an advantage to the inhabitants of this District."
The decision was, Resolved, as the opinion of this club, that the emission of a paper currency would be injurious to the inhab- itants of this District.
There are fortunately preserved a few memoranda of this discussion :
Mr. Barbee urged "the bad policy of emitting a paper currency, for want of a sufficient fund to redeem the same."
143
THE POLITICAL CLUB.
Mr. Muter thought "civil list warrants would be better perhaps than paper currency."
Mr. Innes suggested: "Emit a small sum which must be taken up each year, and a new emission for each year."
Mr. Greenup said: "Money is the sign of wealth, and paper the sign of that sign. Better receive commutables and give credit in taxes for what they will sell for."
Mr. Innes said : "We are without a circulating medium, and of course something must be done in order to support the government."
Mr. Muter said: "To make paper currency legal tender is fatal to it; on the other hand, specie has an intrinsic value."
Mr. McDowell said: "No fund is necessary for the support of a paper currency but the due collection of taxes."
Mr. James Speed said: "Paper currency is hated as the devil." Mr. McClung said: "Affluence is dangerous to the inorals of . man. Paper currency perhaps a temporary relief. The necessity of a paper currency or circulating medium depends upon the particular occupation and situation of a country. A trading country has a greater necessity for money than one that depends upon its own manufactures for support."
It would be difficult to frame a more apt definition of money and paper than that given by Mr. Greenup: "Money is the sign of wealth, and paper the sign of that sign."
DISCUSSION OF THE CONSTITUTION OF THE UNITED STATES.
The records of the club contain nothing which shows more impressively its intense earnestness in the study of questions of government than the brief notes of the
144
THE POLITICAL CLUB.
discussion of the Constitution of the United States. That great instrument was completed in 1787, and was printed on a sheet of paper, folio size, at Alexandria, Virginia. Appended to it is the letter of George Wash- ington, President of the Convention, submitting it for consideration. A copy found its way to the club, and is preserved among the papers. On the margins opposite most of the sections are marks showing the sentiment of the club. Many of these marks are the simple word "agreed;" the word "amended " often occurs, also "dis- agreed to," "rejected," "expunged," "struck out."
The consideration of this important subject began in February, 1788, George Muter resolving that "it is the opinion of this club that the constitution ought to be preceded by a bill of rights."
It is well known that this feature was added to the constitution by the amendments made at the first session of Congress under the new government.
The time occupied in the discussion of the constitu- tion shows the patience and thoroughness of the club in its work. The discussion ran through four months, ending in May, 17SS. At the conclusion a committee was appointed "to revise the resolutions of the club as far as relates to the Federal Constitution and make report." This committee was as follows: Messrs. Muter,
145
THE POLITICAL CLUB.
Innes, Greenup, Dougherty, William McDowell, Todd, and Overton.
The work of this committee was well performed, the result being the production of the entire constitution according to the views of the club. Among the papers is found a bulky document on large paper, written in the elegant chirography of the Secretary, entitled "The Constitution of the United States as amended and approved by The Political Club." It is the entire constitution written out to conform to the ideas of the volunteer convention sitting at Danville.
Fragments of paper contain some of the comments of the members, as follows:
FEDERAL CONSTITUTION, ARTICLE I, SECTION I.
Mr. Greenup objected to two branches in the government, there being but one interest in a republican government, and moved against it. Mr. Todd seconded the same.
Mr. McDowell in favor of a senate.
Mr. Muter-Men since the creation of the world have been prone to domination and ever will be-hence a necessity for a check.
Mr. Innes-Ninety- nine men out of a hundred possessed of power will abuse it. Without a senate, one State will have a power of imposing on another, one having a greater number of representatives. A senate in this case would be a very proper check.
20
1.16
THE POLITICAL CLUB.
Mr. Speed - One set of men having power have always abused it -- even God Almighty's own men, the clergy, abuse the power given them -a check necessary.
Mr. Greenup - Does the name senate make a man virtuous? Why fear corruption and thirst of power from the House of Repre- sentatives only ? Find a senate of superior virtue. Admitted.
Article Ist, adopted.
Mr. Muter - Section 2, Clause 3, proposed to reduce the number of representatives to one for every sixty thousand instead of thirty thousand. Objected to.
Mr. Muter objected to the Vice - President of the United States being President of the Senate. This objection seems to have met the approval of the other members. Their idea was embodied in their amended instrument, which did away altogether with the office of Vice-President. They provided that "the Senate of the United States shall choose its own Speaker."
Among the papers is found a small separate package inclosed by a wrapper and labeled "Resolutions concern- ing the Federal Constitution." These are here given, for the reason that they show how concentrated was the thought of the members upon the subject :
Resolved, that it is the opinion of this club that the Federal Constitution ought to be preceded by a Declaration of Rights, in which it should be clearly expressed that the Congress of the United States shall not have power by law to alter, repeal, or change any part of the Constitution, and that all laws contrary to the true spirit, intent, and meaning of the same shall be void.
147
THE POLITICAL CLUB.
Resolved, as the opinion of this club, that every bill which shall have passed the House of Representatives and Senate (money bills excepted) before it becomes a law be presented to the President of the United States, and by him laid before the Executive Council and Judges of the Supreme Court for their opinion on the same, to be by him with the advice and consent of the council and judges approved and signed, when it shall become a law, or returned with their objections to that House in which it shall have originated ; and that every order, resolution, or vote (except in case of appropriation of money), or on questions of adjournment, shall be proceeded on in the same manner, which House is to enter the objections on their journal and proceed to reconsider them. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if it had been signed as before directed, unless the Congress by its adjourmnent prevent its return, in which case it shall not be a law.
Article I, Section 3. Strike out Clauses 4, 5, and 6, and insert Resolved, as the opinion of this club, that the Senate ought to have the power of choosing their Speaker and all their other officers, and the sole power to try all impeachments under the Federal Constitu- tion. When sitting for that purpose they shall be on oath or affirmation, and no person shall be convicted without the concur- rence of two thirds of the members present.
Article I, Section 3. Resolved, as the opinion of this club, that the Senate of the United States ought to be composed of two
148
THE POLITICAL CLUB.
senators from each State, chosen by the legislature thereof for three years, and each senator ought to have one vote, and immediately after they have assembled they ought to be divided into three classes-the seats of the senators of the first class to be vacated at the end of one year, the second class at the end of the second year, the third class at the end of the third year, and no member of the Senate be again eligible for three years after the vacation of his seat.
Article I, Section 4. Resolved, that the times, places, and man- ner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; strike out the remainder of the paragraph.
Article III, Section 1. Strike out from "and" in the second line to the word " the" in line four, and insert "at least one inferior court in each State."
An interesting discussion took place upon a motion to amend one of the clauses defining the powers of Congress. The Constitution as framed and as it now stands provides that Congress shall have power "to pro- vide for calling forth the militia to execute the laws of the Union," etc.
Mr. Muter moved to strike out the words "execute the laws of the Union." His motion was seconded by Mr. Speed.
The motion was voted down. Mr. Innes then moved to insert the word "enforce" instead of the word "execute;" seconded by Mr. McDowell. This amend- ment was carried. In the debate Mr. Muter opposed
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.