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Subject Area: Political Theory
Subject Area: History
Topic: The American Revolution and Constitution

CXLII.: James Wilson in the Pennsylvania Convention. 1 - Max Farrand, The Records of the Federal Convention of 1787, vol. 3 [1911]

Edition used:

The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1911). Vol. 3.

Part of: The Records of the Federal Convention of 1787, 3 vols.

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CXLII.

James Wilson in the Pennsylvania Convention.1

November 24, 1787.

To frame a government for a single city or State, is a business both in its importance and facility, widely different from the task entrusted to the Federal Convention, whose prospects were extended not only to thirteen independent and sovereign States, some of which in territorial jurisdiction, population, and resource, equal the most respectable nations of Europe, but likewise to innumerable States yet unformed, and to myriads of citizens who in future ages shall inhabit the vast uncultivated regions of the continent. The duties of that body therefore, were not limited to local or partial considerations, but to the formation of a plan commensurate with a great and valuable portion of the globe.

I confess, Sir, that the magnitude of the object before us, filled our minds with awe and apprehension. . . . But the magnitude of the object was equalled by the difficulty of accomplishing it, when we considered the uncommon dexterity and address that were necessary to combat and reconcile the jarring interests that seemed naturally to prevail, in a country which, presenting a coast of 1500 miles to the Atlantic, is composed of 13 distinct and independent States, varying essentially in their situation and dimensions, and in the number and habits of their citizens — their interests too, in some respects really different, and in many apparently so; but whether really or apparently, such is the constitution of the human mind, they make the same impression, and are prosecuted with equal vigor and perseverance. Can it then be a subject for surprise that with the sensations indispensably excited by so comprehensive and so arduous an undertaking, we should for a moment yield to despondency, and at length, influenced by the spirit of conciliation, resort to mutual concession, as the only means to obtain the great end for which we were convened? Is it a matter of surprise that where the springs of dissension were so numerous, and so powerful, some force was requisite to impel them to take, in a collected state, a direction different from that which separately they would have pursued?

There was another reason, that in this respect, increased the difficulties of the Federal Convention — the different tempers and dispositions of the people for whom they acted. But, however widely they may differ upon other topics, they cordially agree in that keen and elevated sense of freedom and independence, which has been manifested in their united and successful opposition to one of the most powerful kingdoms of the world. Still it was apprehended by some, that their abhorrence of constraint, would be the source of objection and opposition; but I confess that my opinion, formed upon a knowledge of the good sense, as well as the high spirit of my constituents, made me confident that they would esteem that government to be the best, which was best calculated eventually to establish and secure the dignity and happiness of their country. Upon this ground, I have occasionally supposed that my constituents have asked the reason of my assent to the several propositions contained in the plan before us. My answer, though concise, is a candid and I think a satisfactory one — because I thought them right; and thinking them right, it would be a poor compliment indeed to presume they could be disagreeable to my constituents. . . . The extent of country for which the New Constitution was required, produced another difficulty in the business of the Federal Convention. It is the opinion of some celebrated writers, that to a small territory the democratical, to a middling territory (as Montesquieu has termed it) the monarchical, and to an extensive territory the despotic form of government, is best adapted. Regarding then, the wide and almost unbounded jurisdiction of the United States, at first view the hand of despotism seemed necessary to control, connect and protect it; and hence the chief embarrassment arose. For we knew that, although our constituents would cheerfully submit to the legislative restraints of a free government, they would spurn at every attempt to shackle them with despotic power.

In this dilemma, a Federal Republic naturally presented itself to our observation, as a species of government which secured all the internal advantages of a republic, at the same time that it maintained the external dignity and force of a monarchy. . . .

But while a federal republic removed one difficulty, it introduced another, since there existed not any precedent to assist our deliberations; for, though there are many single governments, both ancient and modern, the history and principles of which are faithfully preserved and well understood, a perfect confederation of independent states is a system hitherto unknown.

. . . Another, and perhaps the most important obstacle to the proceedings of the Federal Convention, arose in drawing the line between the national and the individual governments of the states.

On this point a general principle readily occurred, that whatever object was confined in its nature and operation to a particular State ought to be subject to the separate government of the States; but whatever in its nature and operation extended beyond a particular State, ought to be comprehended within the federal jurisdiction. The great difficulty, therefore, was the application of this general principle, for it was found impracticable to enumerate and distinguish the various objects to which it extended; and as the mathematics only are capable of demonstration, it ought not to be thought extraordinary that the convention could not develop a subject involved in such endless perplexity. . . .

These difficulties, Mr. President, which embarrassed the Federal Convention, are not represented to enhance the merit of surmounting them, but with a more important view, to show how unreasonable it is to expect that the plan of government should correspond with the wishes of all the States, of all the Citizens of any one State, or of all the citizens of the united continent. I remember well, Sir, the effect of those surrounding difficulties in the late Convention. At one time the great and interesting work seemed to be at a stand, at another it proceeded with energy and rapidity, and when at last it was accomplished, many respectable members beheld it with wonder and admiration. But having pointed out the obstacles which they had to encounter, I shall now beg leave to direct your attention to the end which the Convention proposed. . . .

At this period, America has it in her power to adopt either of the following modes of government: She may dissolve the individual sovereignty of the States, and become one consolidated empire; she may be divided into thirteen separate, independent and unconnected commonwealths; she may be erected into two or more confederacies; or, lastly, she may become one comprehensive Federal Republic. . . .

Of these three species of government, however, I must observe, that they obtained no advocates in the Federal Convention, nor can I presume that they will find advocates here, or in any of our sister States. The general sentiment in that body, and, I believe, the general sentiment of the citizens of America, is expressed in the motto which some of them have chosen, unite or die; and while we consider the extent of the country, so intersected and almost surrounded with navigable rivers, so separated and detached from the rest of the world, it is natural to presume that Providence has designed us for an united people, under one great political compact. If this is a just and reasonable conclusion, supported by the wishes of the people, the Convention did right in proposing a single confederated Republic. But in proposing it they were necessary led, not only to consider the situation, circumstances, and interests of one, two, or three States, but of the collective body; and as it is essential to society, that the welfare of the whole should be preferred to the accomodation of a part, they followed the same rule in promoting the national advantages of the Union, in preference to the separate advantages of the States. A principle of candor, as well as duty, led to this conduct; for, as I have said before, no government, either single or confederated, can exist, unless private and individual rights are subservient to the public and general happiness of the nation. It was not alone the State of Pennsylvania, however important she may be as a constituent part of the union, that could influence the deliberations of a convention formed by a delegation from all the United States to devise a government adequate to their common exigencies and impartial in its influence and operation. In the spirit of union, inculcated by the nature of their commission, they framed the constitution before us, and in the same spirit they submit it to the candid consideration of their constituents. . . .

These observations have been made, Mr. President, in order to preface a representation of the state of the Union, as it appeared to the late convention. We all know, and we have all felt, that the present system of confederation is inadequate to the government and the exigencies of the United States. . . .

Has America lost her magnanimity or perseverance? No! Has she been subdued by any high-handed invasion of her liberties? Still I answer no; for dangers of that kind were no sooner seen than they were repelled. But the evil has stolen in from a quarter little suspected, and the rock of freedom, which stood firm against the attacks of a foreign foe, has been sapped and undermined by the licentiousness of our own citizens. Private calamity and public anarchy have prevailed; and even the blessing of independency has been scarcely felt or understood by a people who have dearly achieved it. . . .

The commencement of peace was likewise the commencement of our distress and disgrace. Devoid of power, we could neither prevent the excessive importations which lately deluged the country, nor even raise from that excess a contribution to the public revenue; devoid of importance, we were unable to command a sale for our commodities in a foreign market; devoid of credit, our public securities were melting in the hands of their deluded owners, like snow before the sun; devoid of dignity, we were inadequate to perform treaties on our own part, or to compel a performance on the part of a contracting nation. In short, Sir, the tedious tale disgusts me, and I fondly hope it is unnecessary to proceed. The years of languor are over. We have seen dishonor and destruction, it is true, but we have at length penetrated the cause, and are now anxious to obtain the cure. The cause need not be specified by a recapitulation of facts; every act of Congress, and the proceedings of every State, are replete with proofs in that respect, and all point to the weakness and imbecility of the existing confederation; while the loud and concurrent voice of the people proclaims an efficient national government to be the only cure. Under these impressions, and with these views, the late convention were appointed and met; the end which they proposed to accomplish being to frame one national and efficient government, in which the exercise of beneficence, correcting the jarring interests of every part, should pervade the whole, and by which the peace, freedom, and happiness of the United States should be permanently ensured. The principles and means that were adopted by the convention to obtain that end are now before us, and will become the great object of our discussion.

. . . That the supreme power, therefore, should be vested in the people, is in my judgment the great panacea of human politics. It is a power paramount to every constitution, inalienable in its nature, and indefinite in its extent. For I insist, if there are errors in government, the people have the right not only to correct and amend them, but likewise totally to change and reject its form; and under the operation of that right, the citizens of the United States can never be wretched beyond retrieve, unless they are wanting to themselves.

Then let us examine, Mr. President, the three species of simple government, which as I have already mentioned, are the monarchical, aristocratical and democratical. . . .

To obtain all the advantages, and to avoid all the inconveniences of these governments, was the leading object of the late convention. Having therefore considered the formation and principles of other systems, it is natural to enquire, of what description is the constitution before us? In its principles, Sir, it is purely democratical; varying indeed, in its form, in order to admit all the advantages, and to exclude all the disadvantages which are incidental to the known and established constitutions of government. But when we take an extensive and accurate view of the streams of power that appear through this great and comprehensive plan, when we contemplate the variety of their directions, the force and dignity of their currents, when we behold them intersecting, embracing, and surrounding the vast possessions and interests of the continent, and when we see them distributing on all hands beauty, energy and riches, still, however numerous and wide their courses, however diversified and remote the blessings they diffuse, we shall be able to trace them all to one great and noble source, the people.

[1 ]McMaster and Stone, Pennsylvania and the Federal Constitution, 218-231.