USA > Massachusetts > The history of Massachusetts, the commonwealth period. 1775-1820 v. III > Part 29
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The question of a property qualification was next referred to ; and some contended that such a qualification ought to have been inserted; for, "when men have nothing to lose, they have nothing to fear." 2 But to this it was justly replied,
1 Debates, &c., 46-62. See also ibid. 76-80, and comp. Letters from the Federal Farmer, 17, and the Fed- eralist, No. lii. "Foreigners have erroneously blended the idea of aris- tocracy with that division of the legis- lative branches of some of the Amer- ican democracies which is seen in the Senates. But observe, that the Senate is derived mediately from the people. It represents the people. It represents no particular order of men or ranks. It is a weight in the powers of legislative deliberation and argument, but not of property,' of privileges, of orders, of honors, or at all descriptive of that soleeism which presupposes a division of interests in a state, of rights, and of honors. It in fine hatlı nothing in its original idea, in its relative action, or in its object, correspondent or analogous to the House of Lords in England. In this American Senate prevails a dem-
ocratie simplicity. No reverence pe- culiar to themselves is paid them. The name, which is aristocratieal, may, indeed, confound a parallel hunter ; but the robes of Cyrus, with the ma- gical power by which his virtues were imparted to the wearer, have long since perished." Political Sketches, &c., ed. 1787, 52, 53.
2 "The argument used in behalf of such practice is, that men who are indigent, and low in eireumstanees, are more liable to yield to tempta- tions and bribes, and, therefore, more likely to betray the public trust. But experience proves, that none are more insatiable than the rich ; perhaps the truth is, that those of moderate es- tates are least to be corrupted. But there are men of virtue in all stations of life ; and shall we, on account of the unequal distribution of fortune, exclude such from exerting them- selves to their own credit and the
287
THE "THREE FIFTHS CLAUSE " DEBATED.
that the "objection was founded on anti-democratical princi- CHAP. ples," and that a good man should not be excluded from the VII. federal government because he was not rich. Property is not 1788. necessarily an index of ability. "We often see men," ob- served Mr. King, "who, though destitute of property, are superior in knowledge and rectitude. The men who have most injured the country have most commonly been rich men." 1
In the debate upon the third paragraph of the second sec- tion, relating to the apportionment of representatives, and in- cluding the " three fifths clause," the remarks of the members were somewhat discursive ; yet serious objections were made to this clause, on the grounds of its injustice to the free states, and its favor to the slave states. True, there were some who defended the clause, and with a reasoning that was plausible, if it was not convincing. " The members of the Southern States," it was said, " like ourselves, have their prejudices. It would not do to abolish slavery, by an act of Congress, in a moment,. and so destroy what our southern brethren consider as prop- erty. But we may say, that although slavery is not smitten by an apoplexy, yet it has received a mortal wound, and will, die of consumption." 2 The question of slavery, however, will
service of others ?". Rudiments of Law and Government, particularly addressed to the people of South Car- olina. Charleston, 1783, 24. Comp. also ibid. 25. "To annex privileges and immunities to men of certain for- tunes, is to allow of different ranks and different interests among us; which is the subversion of a free system. As there can be no inherit- ance of good deeds, there ought to be none of honors. Whatever poli- tics set aside the observance of this maxim, are destructive of liberty ; because none can be made great, in the sense of powerful, without a pro- portionate debasement of the rest."
1 Debates, &c., 62. Upon the cor- rectness of this assertion, different
opinions will probably be entertained. It may be true that the rich have often injured the government; but perhaps not oftener than the poor and ignorant. " Faction and enthusiasm," as Mr. Ames has well said, " are the instruments by which popular gov- ernments are destroyed. We need not talk of the power of an aristoc- racy. The people, when they lose their liberties, are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power."
Remarks of Mr. Dawes, in De- bates, &c., 68. See also, the Fed- eralist, No. liv. The symptoms of consumption are a wasting of the flesh,
288
CONSTRUCTION OF THE SENATE.
CHAP. be found to have been more fully discussed in the debate on VII. the ninth section of the first article.
1788.
Upon the third section of the first article, relating to the construction of the Senate, and upon the fifth, sixth, and sev- enth sections, the debates were short. The principal objection to the third section was to the length of time for which the senators were chosen ; but it was replied that, as one third of the members were to go out every two years, the average of service would be but four years; and, besides, the checks upon senators would be sufficient to prevent them from devi- ating widely from the wishes of their constituents. "The state legislatures," said King, "if they find their delegates erring, can and will instruct them. Will not this be a check ? When they hear the voice of the people solemnly dictating to them their duty, they will be bold men indeed to act contrary to it. There will not be instructions sent to them in a private letter, which can be put in their pockets ; they will be public instructions, which all the country can see; and they will be hardy men indeed to violate them." 1
The eighth section, relating to the powers of Congress, was deemed of great importance, and its discussion took up more time than was devoted to any other section. It was objected to the confederation, that it was lacking in power to enforce
a weakness of the lungs, a paleness of the countenance, and an indispo- sition to active exertion. The patient complains of lassitude, of weariness ; takes little interest in worldly affairs ; and is marked by timidity of temper, and a shrinking from notice. The slave power has never as yet exhibited such symptoms. Apopleetie subjects, on the other hand, are full fleshed; with flushed cheeks, a devouring ap- petite, strong passions, and a love of excitement. They are, usually, also, of an ambitious temper, fond of dis- tinction, and like to make a bustle and a noise in the world. High-
spirited and hot-blooded, they are impatient of restraint; like to have their own way; and are reluctant to submit to outward control. It is left for the reader to decide how far this description is applicable to the slave power; and if that power is apoplec- tie rather than consumptive, it will die, when it dies, as apoplectic sub- jects die, - with a preliminary warn- ing of its fate, to denote that its end is inevitably approaching.
1 Debates, &c., 75. For the dis- cussion on the other, sections, see ibid. 80-83.
289
POWERS OF CONGRESS.
its demands. This objection the constitution was designed to CHAP. obviate. And, for this reason, it conferred powers not too VII. large, but only sufficient for its successful administration. 1788. There was certainly a necessity that such powers should be granted ; otherwise the new government would be no better than the old.1 It would be equally lacking in energy and efficiency. It should possess the power of the purse and the sword ; for no government, without this, could long exist, or afford a rational security to its subjects.2 For an efficient national government large powers were necessary. There was more danger in restricting the government than in strengthening its hands.3 Since it was to act for the people, it must be able to protect them at home and abroad. For this an army and a navy must be provided. The interests of agriculture, of commerce, and of manufactures were also to be looked to ; and how could these be better secured than by a wise system of national laws ?4 Without such laws, we should be slaves to Europe - slaves to every rival power .. There would be no uniformity in duties, imposts, excise, or prohibitions. Treaties and alliances could not be made. It would be in the power of a single state to render the whole treaty of commerce a nullity, unless the general government was allowed to conclude such treaty - to settle its terms and determine its restrictions. With regard to a revenue, expe- rience had taught that little dependence could be placed on
1 " The sovereignty of the nation, without coercive and efficient powers to collect the strength of it, cannot always be depended upon to answer the purposes of government; and in a congress of representatives of foreign states there must necessarily be an unreasonable mixture of powers in the same hands." Letters from the Fed- eral Farmer, 10.
2 Compare Letters from the Fed- eral Farmer, 13.
3 "To be fearful," says Washing- VOL. III. 19
ton, " of investing Congress, consti- tuted as that body is, with ample authorities for national purposes, appears to me the very climax of popular absurdity and madness." Marshall's Washington, v. 95.
4 Comp. " An Address to an As- sembly of the Friends of American Manufactures," by Tench Coxe, Phila- delphia, 1787, 5; and on the army and navy, and other powers of the government, see the Federalist, Nos. xi. xii. xxiii. xxxi. xxxiii.
290
POWERS OF CONGRESS.
CHAP. requisitions, unless they could be enforced. And if needed VII. for the benefit of the nation at large, who would say they
1788. should not be enforced ? In a word, the laws of the United States, to be of real value, must comprehend and embrace alike all the states in the Union ; they must be binding upon all ; and the power to enforce them must be vested in the cen- tral government. In no other way could the national dignity be supported and preserved. It would be better to have no union than a feeble and effeminate one- one that would drag out a miserable and puny existence.
Against the grant of powers so great, it was contended that it was equivalent to an entire surrender of sovereignty from the hands of the people to the hands of their rulers ; and that what was now granted from motives however well grounded would be exacted of posterity as a prerogative. The wisdom of this age would then be pleaded by those in authority ; and the cession thus made would be clothed with the venerable habit of ancestral sanction.1 In reply to this reasoning, it was observed, that the checks and precautions which the con- stitution itself provided must, in a great measure, prevent an abuse of power, - at least, in all flagrant instances, - even if Congress should consist wholly of men who were guided by no other principle than their own interest. Under the influ- ence of such checks, this would compel them to a conduct which, in the general, would answer the intention of the con- stitution.2
One other point was alluded to in this discussion - that no religious test was provided in the constitution. Mr. Single- tary " hoped to see Christians" in power ; "yet, by the con- stitution, a papist or an infidel was as eligible as they." But Mr. Parsons, in reply, justly observed that “it must remain with the electors to give the government this security ; an
1 Speech of Mr. Symmes, in De-
2 For the whole discussion, see bates, &c., 103, and Carey's Am. Debates, &c., 83-143. Museum for 1788, iii. 344.
291
DISCUSSION ON THE SLAVE TRADE.
oath will not do it. Will an unprincipled man be entangled CHAP. by an oath ? Will an atheist or a pagan dread the vengeance VII. of the Christian's God-a being, in his opinion, the creature 1788. of fancy and credulity ? It is a solecism in expression. The only evidence we can have of the sincerity and excellency of a man's religion is a good life ; and I trust such evidence will be required of every candidate by every elector. That man who acts an honest part to his neighbor will most prob- ably conduct honorably towards the public." 1
The ninth section of the first article called forth a spir- ited debate relative to the slave trade and its prohibition. Yet it is a noticeable circumstance, however it may be ac- counted for, that, though the speakers were numerous, the reporters have enlightened us but slightly as to their sayings. " Mr. Neal, from Kittery," we are told, " went over the ground of objection to this section, on the idea that the slave trade was allowed to be continued for twenty years. His profes- sion, he said, obliged him to bear witness against any thing that should favor the making merchandise of the bodies of men ; and, unless his objection was removed, he could not put his hand to the constitution. Other gentlemen said, in addi- tion to this idea, that there was not even a provision that the negroes ever shall be free ; and General Thompson exclaimed, ' Mr. President, shall it be said that, after we have established our own independence and freedom, we make slaves of others ? O Washington ! what a name has he had! how he has immor- talized himself ! But he holds those in slavery who have as good a right to be free as he has. He is still for self ; and, in my opinion, his character has sunk fifty per cent.' "
" On the other side," it is added, " gentlemen said that the step taken in this article towards the abolition of slavery was one of the beauties of the constitution. They observed that, in the confederation, there was no provision whatever for its
1 Debates, &c., 72, 123, 124. See also ibid. 155-158, 190.
,
292
DISCUSSION ON THE SLAVE TRADE.
CHAP. being abolished ; but this constitution provides that Congress VII. may, after twenty years, totally annihilate the slave trade ; 1788. and that, as all the states, except two, have passed laws to this effect, it might reasonably be expected that it would then be done. In the interim, all the states were at liberty to prohibit it."
This is all that is said of the discussion on the ninth sec- tion, except the significant passage that, on Saturday, the debate " continued desultory, and consisted of similar objec- tions, and answers thereto, as had been before used. Both sides deprecated the slave trade in the most pointed terms. On one side, it was pathetically lamented by Mr. Nason, Major Lusk, Mr. Neal, and others, that this constitution pro- vided for the continuance of the slave trade for twenty years. On the other, the Hon. Judge Dana, Mr. Adams, and others, rejoiced that a door was now to be opened for the annihila- tion of this odious, abhorrent practice, in a certain time." 1
On a subsequent page, there is a report of a speech of Gen- eral Heath at a later stage of the convention, in which the question of slavery is hinted at ; and, as every thing relating to this subject is of interest at the present day, his remarks are given, not as concurring in every particular in the views presented, but on the ground that every one should speak for himself. "The paragraph," he observed, "respecting the migration or importation of such persons as any of the states now existing shall think proper to admit, &c., is one of those considered during my absence, and I have heard nothing on the subject save what has been mentioned this morning ; but I think the gentlemen who have spoken have carried the mat- ter rather too far on both sides. I apprehend that it is not in our power to do any thing for or against those who are in slavery in the Southern States. No gentleman within these walls detests every idea of slavery more than I do; it is
1 Debates, &c., 143, 144.
293
GENERAL HEATH'S VIEWS.
generally detested by the people of this commonwealth ; and CHAP. I ardently hope that the time will come when our brethren in VII. the Southern States will view it as we do, and put a stop to 1788. it ; but to this we have no right to compel them. Two ques- tions naturally arise, if we ratify the constitution : Shall we do any thing by our act to hold the blacks in slavery ? or shall we become partakers of other men's sins? I think neither of them. Each state is sovereign and independent, to a certain degree ; and they have a right to, and will, regulate their own internal affairs as to themselves appears proper. And shall we refuse to eat, or to drink, or to be united with those who do not think or act just as we do ? Surely not. We are not in this case partakers of other men's sins ; for in nothing do we voluntarily encourage the slavery of our fellow- men. A restriction is laid on the federal government, which could not be avoided and a union take place. The federal convention went as far as they could. The migration or importation, &c., is confined to the states now existing only ; new states cannot claim it. Congress, by their ordinance for erecting new states, some time since, declared that the new states shall be republican, and that there shall be no slavery' in them. But whether those in slavery in the Southern States will be emancipated after the year 1808, I do not pretend to determine ; I rather doubt it." 1
The debate upon the remaining articles was much more summary, and occupies less space in the journal of the con- vention. Objections were made to the suspension of the writ of Habeas Corpus, on the ground that the time was not lim- ited, as in the constitution of Massachusetts. But to this it was replied, that the writ would probably never be suspended
1 Debates, &c., 152, 153. There is one other speech on record con- cerning this section; that of Rev. Isaac Backus, a respectable Baptist clergyman of Middleboro'; but as
the argument embraced in it is not eminently lucid, its insertion would not particularly enlighten the reader. It is given in the Debates, &c., 191, 192.
294
CLOSE OF THE DEBATE.
CHAP. save on "the most urgent and pressing occasions ; " and, in VII. such cases, it was proper that Congress should determine for
1788. how long its suspension would be necessary.1 The " powers of the judiciary" were likewise discussed ; and an elaborate speech against the provisions of the constitution, as "inquisi- torial," was made by Mr. Holmes, of Rochester, and replied to by Mr. Gore and Mr. Dawes.2 The fifth article, prescrib- ing the method in which amendments should be made, was generally approved ; 3 but the sixth, which provides that " no religious test should ever be required as a qualification to any office," was briefly discussed - the objections to it being that it was "a departure from the principles of our forefathers, who came here for the preservation of their religion, and that it would admit deists, atheists, &c., into the general govern- ment." But the liberality of the clause was "applauded on the other side," and "the impropriety, and almost impiety, of the requisition of a test, as practised in Great Britain and else- where," was " represented in striking colors." 4
The " conversation on the constitution by paragraphs " was now ended ; and, as each article had been separately and fully considered, Mr. Parsons " moved that this convention do assent to and ratify " the same.5 The whole subject, by this motion, was brought before the assembly ; and remarks were made upon the importance of the question they were called upon to decide - " a question as momentous as ever invited the attention of man." " We are soon," said General Heath, " to decide on a system of government, digested, not for the people of the Commonwealth of Massachusetts only, - not for the present people of the United States only, - but, in addi- tion to these, for all those states which may hereafter rise into
1 Debates, &c., 144, 145.
Debates, &c., 146-152. Comp. 2 Letters from the Federal Farmer, 19, and the Federalist, No. xxxvii.
3 Debates, &c., 153-155.
4 Debates, &c., 155-157. See also ibid. 158, and comp. Carey's Am. Museum for 1788, iii. 343.
Debates, &c., 157.
295
·
IMPORTANCE OF THE QUESTION.
existence within the jurisdiction of the United States, and for CHAP. millions of people yet unborn ; a system of government, not VII. for a nation of slaves, but for a people as free and as virtuous 1788. as any on earth ; not for a conquered nation, subdued to our will, but for a people who have fought, who have bled, and who have conquered - who, under the smiles of Heaven, have established their independence and sovereignty, and have taken equal rank among the nations of the earth. In short, sir, it is a system of government for ourselves, and for our children - for all that is near and dear to us in life ; and on the decision of the question is suspended our political prosper- ity or infelicity, perhaps our existence as a nation. What can be more solemn ? What can be more interesting ? Every thing depends on our union. I know some have supposed that, although the union should be broken, particular states may retain their importance ; but this cannot be. The strong- est-nerved state, even the right arm, if separated from the body, must wither. If the great union be broken, our country as a nation perishes ; and if our country so perishes, it will be as impossible to save a particular state as to preserve one of the fingers of a mortified hand." 1
It was evident, from the objections which had been urged by many members, that the opponents of the constitution were nearly, if not quite, as numerous as its friends, and might prove more so ; 2 yet it was desirable to secure unanimity, if
Debates, &c., 158, 159. The remarks of Governor Bowdoin were equally to the point. " If the consti- tution should be finally accepted," said he, " and established, it will com- plete the temple of American liberty, and, like the keystone of a grand, magnificent arch, be the bond of union to keep all the parts firm and com- pacted together. May this temple, sacred to liberty and virtue, - sacred to justice, the first and greatest polit- ical virtue, - be dissoluble only by the dissolution of Nature; and may
this convention have the distinguished honor of erecting one of its pillars on that lasting foundation." Winthrop's Addresses and Speeches, 127.
2 Madison Papers, ii. 668, 669; Letter of Knox, in Sparks's Washing- ton, ix. 311, note ; King to Hamilton, June 12, 1788, in Hamilton's Works, i. 456, 457; N. Am. Review, for Oc- tober, 1827, 273; Austin's Life of Gerry, ii. 69; Hildreth's U. States 2d series, i. 36. Madison's Letter to Washington, February 3, 1788, gives the following extract from the letter
296
PROPOSALS TO SECURE UNANIMITY.
CHAP. possible, or at least a majority, in favor of the instrument ; for VII. if Massachusetts rejected it, other states would follow her ex-
1788. ample ; and, in the end, the labors of the convention, and the wishes of the people, might be defeated. A government was desired by all ; but what it should be they could not agree. Entire unanimity upon any system proposed can never be ex- pected ; for, while the human mind is constituted as it is, a whole nation can no more think than see alike. Men have ever differed, and probably ever will. And these very differ- ences, so far from being an unmixed evil, are, in fact, the safe- guards of freedom, and the educators of society.1
With a view to promote unity, and to secure the vote of Massachusetts in favor of the constitution, a proposition was made by Governor Hancock, the president of the convention, which was instantly concurred in and approved.2 The sub-
of a Massachusetts correspondent : " Never was there an assembly in this state in possession of greater ability and information than the present con- vention ; yet I am in doubt whether they will approve the constitution. There are, unhappily, three parties opposed to it : first, all men who are in favor of paper money and tender laws - these are more or less in every part of the state ; secondly, all the late insurgents and their abettors - in the three great western counties they are very numerous - we have in the con- vention eighteen or twenty who were actually in Shays's army ; thirdly, a great majority of the members from the Province of Maine. Add to these the honest, doubting people, and they make a powerful host. The leaders of the party are Mr. Widgery, Mr. Thomson, and Mr. Nason, from the Province of Maine, Dr. Taylor, from the county of Worcester, and Mr. Bishop, from the neighborhood of Rhode Island. To manage the cause against these are the present and late governors, three judges of the Supreme Court, fifteen members of the Senate, twenty from among the
most respectable of the clergy, ten or twelve of the first characters of the bar, judges of probate, high sheriffs of counties, and many other respecta- ble people, merchants, &c., Generals Heath, Lincoln, Brooks, and others of the late army. With all this ability in support of the cause, I am pretty well satisfied we shall lose the ques- tion, unless we can take off some of the opposition by amendments. I do not mean such as are to be made conditions of the ratification, but rec- ommendations only. Upon this plan, I flatter myself we may get a majority of twelve or fifteen, if not more."
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