Notes from the Federal Convention Part 1

With Independence Day around the corner, I thought it might be worthwhile to post some interesting debates from the Constitutional Convention of 1787 (as presented in Madison’s notes).

Compare the intellect and command of the theories that are the foundation of our Republic held by the delegates to the Convention to our current crop of sheer idiots in Congress.

Our Republic is adrift. These my friends are debates of historic proportion. They also give one great insight into the fundamental values that we should still hold dear, but don’t.

We start with an examination of the flaws with the Articles of Confederation, our nation’s first governing document. (Compare that to our current crop of politicians who can’t even figure at that place most of the continental shelf off limits is the cause of our current energy disaster).

From May 29, 1787:

Mr. RANDOLPH then opened the main business. [Here insert his speech [5]
including his resolutions.] [6] (Mr. R. Speech A. to be inserted Tuesday
May 29) [6] He expressed his regret, that it should fall to him, rather
than those, who were of longer standing in life and political
experience, to open the great subject of their mission. But, as the
convention had originated from Virginia, and his colleagues supposed
that some proposition was expected from them, they had imposed this task
on him. He then commented on the difficulty of the crisis, and the
necessity of preventing the fulfilment of the prophecies of the American
downfal. He observed that in revising the foederal system we ought to
inquire 1. [7] into the properties, which such a government ought to
possess, 2. [7] the defects of the confederation, 3. [7] the danger of
our situation & 4. [7] the remedy.

1. The Character of such a government ought to secure 1. [7] against
foreign invasion: 2. [7] against dissentions between members of the
Union, or seditions in particular states: 3. [7] to procure to the
several States, various blessings, of which an isolated situation was
incapable: 4. [7, 8] to be able to defend itself against incroachment: &
5. [7] to be paramount to the state constitutions.

2. In speaking of the defects of the confederation he professed a high
respect for its authors, and considered them, as having done all that
patriots could do, in the then infancy of the science, of constitutions,
& of confederacies, -- when the inefficiency of requisitions was unknown
-- no commercial discord had arisen among any states -- no rebellion had
appeared as in Massts. -- foreign debts had not become urgent -- the
havoc of paper money had not been foreseen -- treaties had not been
violated -- and perhaps nothing better could be obtained from the
jealousy of the states with regard to their sovereignty.

He then proceeded to enumerate the defects:

    1. [9] that the confederation produced no security against foreign
invasion; congress not being permitted to prevent a war nor to support
it by their own authority -- Of this he cited many examples; most of
which tended to shew, that they could not cause infractions of treaties
or of the law of nations, to be punished: that particular states might
by their conduct provoke war without controul; and that neither militia
nor draughts being fit for defence on such occasions, inlistments only
could be successful, and these could not be executed without money.

    2. [9] that the foederal government could not check the quarrels
between states, nor a rebellion in any, not having constitutional power
nor means to interpose according to the exigency:

    3. [9] that there were many advantages, which the U. S. might
acquire, which were not attainable under the confederation -- such as a
productive impost -- counteraction of the commercial regulations of
other nations -- pushing of commerce ad libitum -- &c &c.

    4. [9] that the foederal government could not defend itself against
the [10] incroachments from the states.

    5. [9] that it was not even paramount to the state constitutions,
ratified, as it was in may of the states.

3. He next reviewed the danger of our situation, [11] appealed to the
sense of the best friends of the U. S. -- the prospect of anarchy from
the laxity of government every where; and to other considerations.

4. He the proceeded to the remedy; the basis of which he said must be
the republican principle.

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Tags: 1787, Constitutional Convention