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of the arbitrary will of the popular branch of the legislature. In two important particulars, a common sentiment is seen in the convention-the determination to lay a republican basis in the pledge by an unanimous vote to guarantee to each state a republican constitution, and its existing laws," and that the national judiciary should hold their offices during good behavior.

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CHAPTER XLVI.

To establish a stable and enduring government of competent powers, founded on the consent of the people, and to combine a vigorous execution of the laws with a due regard to liberty, by a judicious application of a system of checks as far as was practicable, consistently with the genius of a republic, were the great objects to be sought. Neither of the plans before the convention promised to effect these objects.

In that of Virginia, although the resort to "force against a member failing to fulfill its duty," early proposed, was not incorporated, yet the conflicts to ensue between a general government so constituted and of such power, and the governments of the states, so little impaired, were inevitable.

The adoption of such a plan would have been, as Hamilton had before stated, "to enact a CIVIL WAR." The influence exerted by his arguments in exposing this inconsistency, was powerful in preparing the way for the VOL. III.-18

plan finally adopted in the different organization of the senate and house of representatives.*

But the conflicts between the National Government and the State sovereignties were only a greater evil than the consequences to follow from the deposit of almost unlimited power in a National legislature, of which both branches were derived from a common source, without the natural check which he contemplated, in the different terms of office.

The Jersey plan would have been equally mischievous. The one plan was tyranny-both involved, certain anarchy. Neither could have been adopted. The final struggle between their respective advocates was impending, almost instant. A dissolution of the convention, and a dissolution of the frail union were at hand. Hamilton saw it

* History of the Constitution of the United States, by G. T. Curtis, ii. 101 to 106: "Surely, it can be no impeachment of the wisdom or the statesmanship of this great man, that, at a time when a large majority of the convention were seeking to establish a purely national system, founded on a proportionate representation of the people of the states, he should have pointed out the inconsistencies of such a plan, and should have endeavored to bring it into greater conformity with the theory which so many of the members and so many of the States had determined to adopt. It seems rather to be a proof of the deep sagacity which had always marked his opinions and conduct, that he should have foreseen the inevitable collisions between the powers of a national government, so constituted, and the powers of the States. The whole experience of the past had taught him to anticipate such conflicts, and the theory of a purely national government, when applied by the arrangement now proposed, rendered it certain that these conflicts must and would increase. That theory could only be put in practice by transferring the whole legislative powers of the people of the States to the national government. This he would have preferred, and, in this, looking from the point of view at which he then stood, and considering the actual position of the subject, he undoubtedly was right.” "The choice seemed to be between a purely national and a purely federal system."

all. What was to be done? His own position in the convention was that of isolation. The policy of Clinton had placed him there to become a cipher and a sacrifice. He felt it all, but he felt, with the cold palsy of the State upon his vote, that the warm life of a nation was in his heart-a heart ever alive to the sense of duty and of honor. In these he found the path of courageous wisdom. He resolved boldly, frankly, without reserve, to announce his views of such a constitution as was best, and to present a plan, in the approach to which might be formed, as far as could be, a safe, practicable, durable government, resting on the power of the American people.

The convention had unanimously decreed a Republican government. No other form was thought of or desired. In his plan, embodying such propositions as had been approved, and were consistent with his own opinions, it will be seen, that, while seeking to blend with it the advantages of a monarchy, he strictly adhered to the republican theory.

Upon a resolution of Dickinson, "that the articles of confederation ought to be revised and amended, so as to render the government of the United States adequate to the exigencies, the preservation, and the prosperity of the union," Hamilton addressed the committee.

As no report approaching to accuracy has been given of this memorable speech, the brief, as it exists in his handwriting, is given.

INTRODUCTION.

I. Importance of the occasion.

II. A solid plan, without regard to temporary opinions. III. If an ineffectual plan be again proposed, it will beget despair, and no government will grow out of CON

SENT.

IV. There seem to be but three lines of conduct.

I. A league offensive, treaty of commerce, and apportionment of the public debt.

II. An amendment of the present confederation, by add

ing such powers as the public mind seems nearest being matured to grant.

III. The forming a new government to pervade the whole, with decisive powers; in short, with complete

sovereignty.

Last seems to be the prevailing sentiment.

I. Its practicability to be examined.

Immense extent unfavourable to representation.

Vast expense.

Double sets of officers.

Difficulty of judging of local circumstances.
Distance has a physical effect on men's minds.
Difficulty of drawing proper characters from home.
Execution of laws, feeble at a distance from govern-
ment-particularly in the collection of revenue.
Sentiment of obedience-

opinion.

I. Objections to the present confederation.

Intrusts the great interests of the nation to hands incapable of managing them.

All matters in which foreigners are concerned.

The care of the public peace-debts.

Power of treaty, without power of execution.

Common defence, without power to raise troops-
have a fleet-raise money.

Power to contract debts, without the power to pay.
These great interests of the state must be well man-
aged, or the public prosperity must be the victim.
Legislates upon communities.

Where the legislatures are to act, they will delib

erate.

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