tion of voting by States, probably would be adopted; and as his colleagues differed from him in their views, Hamilton proposed, near the end of the session, to add two delegates. This motion prevailed in the assembly, but was defeated in the Senate. Happily for his fame, this result did not prevent his assuming, finally, a responsibility from which he did not shrink, and which proved of large benefit to the American people. Virginia, New Jersey, Pennsylvania, Delaware, and North Carolina appointed their Commissioners, not waiting the sanction of Congress. This sanction being given, each of the other States, Rhode Island excepted, also chose a deputation.

Amid a great diversity of opinions, and of interests, the Federal Convention met at Philadelphia on the fourteenth of May seventeen hundred and eighty seven, when, a majority of States not being represented, it adjourned to the twenty-fifth of that month. It is an evidence of the uncertain anticipations of the result of its consultations, that Washington long hesitated becoming a member of it; and that Connecticut deferred the choice of her delegation to it until May; and New Hampshire until the following June. Nine States having appeared on the day to which it had adjourned, they gave to its proceedings all the weight and influence of Washington's great character and popularity, by electing him to preside. To secure to its deliberations the utmost freedom from external pressure, these deliberations were ordered to be secret.

Four days later, on the twenty ninth of May, a series of propositions for a National government were submitted for consideration to a committee of the whole body* by Edmund Randolph, of Virginia, and having been discussed and amended, were reported to the House on the thirteenth of June. They were called "the VIRGINIA Plan." Two days after, a number of resolves, framed by several of the representatives of States, especially sedulous for a large retention of power in the States, were presented. They were called "The JERSEY Plan." These being referred to a Committee of the whole House, the Virginia resolutions were recommitted.

The broad question, whether "a national government ought to be established, consisting of a Supreme legislative, executive

* A plan of Government was submitted by Charles Pinckney, not that on the Journal, but that stated in "No. 2687 of Select Tracts of New York Historical Society." It does not appear to have gained any special attention.

and judiciary," or the Articles of Confederation with enlarged powers, was now before the Convention. The VIRGINIA plan, as essentially modified, proposed a National Legislature to consist of two branches-the first "to be elected by the people of the several States for the term of three years"-the second, "by the individual legislatures;"-and it was resolved, that this legislature so organized, "ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation;" and, moreover, "to legislate on all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; and to negative all laws passed by the several States contravening in the opinion of the national legislature the articles of union, or any treaties subsisting under the authority of the Union." It was declared, that the right of suffrage in the first branch ought to be "in proportion to the whole number of white and other free citizens and inhabitants of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes in each State;" and, that the right of suffrage in the second branch ought to be according to the same rule;-that a National Executive be instituted to consist of one person, to be chosen by the National legislature, for the term of seven years, with power to carry into execution the National laws; to appoint to offices in cases not otherwise provided for; to be ineligible a second time; to be removable on impeachment and conviction of malpractice or neglect of duty; and to receive a fixed stipend from the national treasury, with a veto on any legislative act, unless afterwards passed by two thirds of each branch of the legislature ;—and that a National Judiciary be established; to consist of one Supreme tribunal, appointed by the second branch of the legislature, to hold office during good behaviour, with fixed compensations, unalterable as to the incumbents-with power to the National legislature to appoint inferior tribunals. The judicial jurisdiction was to extend to all cases respecting "the collection of the National revenue, impeachments of any National officers; and questions which involve the National peace and harmony." The several departments being thus organized and their powers expressed; a provision was added, for "the admission of States lawfully arising without the limits of the United States." A provision was also

made, for the continuance of Congress and its authorities until a given day after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements. Likewise, a resolution, that a republican constitution and its existing laws, ought to be guaranteed to each State by the United States-another resolution, that provision ought to be made for the amendment of the Articles of Union-and that the legislative, executive and judiciary powers ought to be bound by oath to support the Articles of Union;—and a final resolution, that the amendments "offered by the Convention, ought, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon."

"The JERSEY plan;" in direct contrast with that originating with Virginia, proposed; "that the Articles of Confederation be so revised, corrected and enlarged, as to render the federal constitution adequate to the exigencies of government and the preservation of the Union." In addition to the existing powers, were proposed those of levying certain revenue duties and of regulating commerce-retaining the system of requisitionsnumbers being substituted as the measure of contribution;— retaining a single legislative body with the command of the purse and of the sword, deriving its authority from the States; and with equality of suffrage by the States; but giving no negative upon the States. It contemplated a plural Executive, with authority to execute the federal acts, to appoint federal officers, and to direct all military operations; removable for misconduct, on application by a majority of the executives of the several States; and without a negative on the acts of this single legislative body. It proposed also, a federal judiciary to consist of a Supreme tribunal; to be appointed by the Executive, and to hold during good behaviour; authorized to hear appeals in several specified cases, and to try impeachments of federal officers, without any other original jurisdiction, and without providing for inferior tribunals. It was likewise resolved; "that the legislative, executive, and judiciary powers within the respective States, ought to be bound by oath to support the Articles of Union;" and that Acts of Congress, "lawfully made, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, as far as those acts and treaties shall relate to the said States or

to their citizens ;" and that the State judiciaries shall be bound thereby. To this impotent system, was superadded an express power to the federal executive "to call forth the powers of the Confederated States to enforce and compel" by States or individual bodies, an obedience to the acts of the Confederacy or an observance of its treaties. It also provided for the admission of new States, and for the hearing and decision of territorial disputes.

It is seen, that this plan proposed merely a modification of the Articles of Confederation; and in most respects a modification embracing the several propositions made to Congress, from time to time, prior to the call of the Convention. It was in accordance with the policy of its advocates, to place themselves on the ground of a strict observance of the terms of their Commissions from their several States. The resolutions of Virginia, even much as they had been amended, presented features little less objectionable. With the undefined powers given to the national legislature, it was also empowered "to negative all laws passed by the several States, contravening, in the opinion of the national legislature, the articles of Union, or any treaties subsisting under its authority;" superadding the election of the Executive by the general legislature, and the choice of the Judiciary by the second branch of this legislature. A Government so constituted could not have been established; or if established, could not have maintained itself, without constant collisions with the States, early fatal to its existence, or without resulting in an intolerable tyranny. The two plans before the Convention were hopelessly irreconcilable. A dissolution of the Convention, and a dissolution of the frail union were impending—almost instant.

Hamilton, though by the uniting controlling voice of his two colleagues from New York, without a vote, resolved to present a plan-himself free from any weak reserves-in the approach to which might be framed a Government, resting entirely on the free voice and power of the American people. Aware of the existing heresy, that "a party to a compact has a right to revoke that compact"—the very heresy upon which the existing rebellion places its vindication, asserting that the Constitution of the United States is a mere compact of several sovereign States;he fully saw "the necessity of laying the foundations of the National Government deeper than in the mere sanction of delegated authority." "The fabric of the American Empire," are his words, ought to rest on the solid basis of the CONSENT

OF THE PEOPLE." "The streams of national power ought to flow immediately from that pure original fountain of all legiti mate authority." This elementary, leading principle of his policy was avowed by him, on the first day of the deliberations of the Convention. The initial proposition of Virginia in the formation of a new Government was; "that the right of suffrage in the National legislature, ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other may seem best in different cases." Hamilton met the open question at once by a resolution, "that the rights of suffrage in the National legislature ought to be proportioned to the number of FREE INHABITANTS."* This principle having been adopted, as to the first branch of the legislature, was, with his concurring vote, extended to the second branch; and, upon a motion for the choice of the Executive by electors to be chosen by the people in districts, as the vote of New York was divided ; (its other representatives strictly adhering to the theory of a State corporate vote); and as this was the mode of election provided for in his plan of a Constitution, it cannot be doubted, that Hamilton voted for it. Thus, did he propose to stamp upon the new system its primary essential character in his view, that of an Institution founded in the free voice of the whole people of the United States; and deriving all the departments of government from them;-confronting at the same time -at the very outset,-in the foreground,-the theory of the separate, controlling sovereignty of the mere, "artificial beings" -the States; and restoring to all the "free inhabitants of the United States"-"as one people," in Union, the united sovereignty and united independence they had asserted to themselves in the Declaration of Independence, when assuming, "among the powers of the earth, a separate and equal station." Thus, did he carry into effect his own pregnant, explicit, never to be forgotten attestation, that "the sovereignty and independence of the People began by a federal act"-that, "the declaration of Independence was the fundamental Constitution of every State"-"that the Union and Independence of these States are blended and incorporated in one and the same act.” The Convention had unanimously pledged themselves to esta* Journal of the Federal Convention, p. 83. The resolution moved by Hamilton, seconded by Spaight, May 30, 1787.

† Ibid. 112. Moved by Wilson, seconded by Hamilton. June 11, 1787. Ibid. 92.