Inquiry Into the Origin and Course of Political Parties in the United States. Martin Van Buren
of the following year, married Miss Alsop, the only child of John Alsop, a wealthy merchant of New York, and after having represented his native State with credit in the Federal Convention of 1787, moved to that city; was appointed one of the first senators in Congress from the State of New York (General Schuyler being the other); was the friend and associate of Hamilton, Gouverneur Morris, and Jay, and became, and continued for many years, a prominent member of the Federal party.
Every step that was taken toward a convention was regarded with distrust—a distrust founded on a prevalent apprehension that the talented and, as was believed, ambitious men who would get the control of it, would in some way defeat those republican principles for the right to establish which the country had made such great sacrifices.
The Commercial Convention, representing five States, which originated in Virginia and met at Annapolis, and by which the movement that resulted in the present Constitution was commenced, permitted Hamilton to draw up their Address to the other States, which was also to be laid before Congress; but insisted on giving a shape to their proposition which would confine the Federal Convention within narrow bounds. They did this in deference to the well understood sentiment of the country, and as the only course, in their opinion, by which a convention could be obtained; and accordingly they proposed "That a convention should be called to meet at Philadelphia in May next, to devise such further provisions as should 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 legislatures of every State, will effectually provide for the same."[6]
The final action of Congress upon the subject, a majority of which entertained similar views, consisted of a resolution, introduced by the delegates from Massachusetts, declaring it to be the opinion of Congress that a convention should be held at the time and place named by the Commissioners who met at Annapolis, "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."[7]
But for the sanction thus given to the measure by Congress no convention would have been held—at least none at that time. Washington, as appears from his Correspondence, would not have deemed a convention legal without it, and would not have attended;[8] and his example, added to the hesitation of most of the States, and the decided opposition of some of them, would have been sufficient to put a stop to the project.
It was under such circumstances that the Convention assembled. Its proceedings have become so familiar to the public mind, from the full publications that have been made of them, and the extent to which they have been reviewed, as to render it unnecessary to go very far into their details. The Anti-Federal plan was introduced by Mr. Patterson, of New Jersey, more in obedience to the ascertained wishes of his constituents, than in conformity with his particular views. It proposed an amendment of the Articles of Confederation for the construction of executive and judicial departments in the federal government; to make its laws and treaties the supreme law of the land; to increase the powers of Congress in several important particulars, among which were the right to levy and collect taxes and imposts, to regulate foreign commerce and commerce between the States, and to give to the federal government power to enforce its requisitions upon the States when it should become necessary—and to leave the government in other respects as it stood.
The plan which Hamilton desired the Convention to propose to the people and the States, of which he left a copy with Mr. Madison as a permanent memorial of his opinions—now published with Mr. Madison's "Papers," and in the "Life of Hamilton" by his son, and agreeing with each other in all respects—consisted, in its most remarkable features, of the following provisions, viz:—
First: The President should hold his office during good behavior, removable only on conviction upon impeachment for some crime or misdemeanor; and he should have an absolute negative upon all bills, resolutions, and acts of Congress about to be passed into a law.
Secondly: The Senators should hold their offices by the same tenure, and should have the exclusive power of declaring war.
Thirdly: The General Government should have the right to appoint the future Governors of the States, who might hold their offices during good behavior, and who should have the power to negative all laws about to be passed by the respective State legislatures, subject to such regulations as Congress might prescribe, and also to appoint all the militia officers if Congress should so direct; and,
Fourthly: Congress should "have power to pass all laws which they shall judge necessary to the common defense and general welfare of the Union."
The first of these plans, which professed to represent the views of the Anti-Federalists, was rejected by the Convention, after full discussion, as has been already mentioned, by a vote of seven States to three, one being divided. Hamilton's scheme was not brought to a vote, nor, except by himself, made the subject of particular discussion. This course was obviously induced, in no small degree, by motives of respect for the feelings of its author. Every body praised his candor and independence, but the popular opinions in respect to its provisions were too well understood to allow of any vote, other than his own, being given in its favor, whatever private sympathy it may have enlisted.
Fortunately for the country at this, perhaps the most decisive period in its history, a majority of the Convention, composed of every shade of opinion, became thoroughly satisfied that a crisis had arrived which demanded a liberal sacrifice of extreme views. They were convinced that whilst, on the one hand, no system would stand the slightest chance to be acceptable to any thing like a majority either of the States or people, which was designed, or obnoxious to the suspicion of being designed, to degrade the State governments, or even to impair their capacities for the successful management of those portions of public affairs which, under a proper distribution of the powers of government, would be left under their control, or which was in the smallest degree calculated to do violence to the well-known feelings of the people upon the subjects of hereditary or irresponsible power; so, on the other, there was no room for two opinions in respect to the ruinous consequences that would, in the then condition of the country, inevitably result from the failure of a convention, brought together with so much difficulty, to remedy the manifest defects of the existing government by suitable and effectual additions and improvements, and to make a Constitution which would prove satisfactory both to the States and people. Kept together by this overruling conviction, they entered upon the construction of the present Constitution. The State governments had been until that period, in point of fact, the ruling power. The federal head, from the want of power to act directly upon the people, or, in a compulsory manner, upon the State authorities, was dependent on them for the execution of its most important decisions. Though much depressed by the adverse current of events, it was yet in the State governments that the pride of power stood relatively at the highest point. Any attempt, under such circumstances, to humiliate the State authorities, would inflame the passions of their supporters; but they might be, perhaps, to a sufficient extent conciliated, and the Convention prudently adopted this course. Irritating subjects were, with that view, as far as possible, avoided. Propositions to give to the new government a direct negative upon the legislation of the States, and to empower it to appoint their governors and militia officers, which had produced so much ill blood, were effectually discountenanced. The sovereignty of the States, to which State pride was so keenly alive, was not interfered with in respect to the powers of government which were left in their hands. An impartial and wise division of powers was made between them and the government proposed to be established. To remove apprehensions which had been long entertained, and which had sunk deep in the minds of many, the State authorities as such were allowed a liberal participation in the first formation, and their coöperation was made necessary to the subsequent continuance of the new government. The manner of choosing