IX

OTHER SPECIAL PROVISIONS OF THE

CONSTITUTION

UNTIL the Committee of Detail was appointed, the Convention had sought to confine their discussions to the outline of organization and to the broad principles of a government for the Union. The first battle, and that of the highest importance, had been fought for position. The fundamental question had been, Should the government be founded upon the States, or upon the people of the United States? Should it be a compact - a league -between sovereign States, as was the Confederacy, or should it be a single national government, extending behind the chartered States, and reposing upon the American people? It had been decided in favor of the united people; and that they, not the States, should constitute the new government, "to consist of a supreme legislative, executive, and judiciary."

The second vital struggle had been upon the two questions, How shall the local interests of the small States find protection in general legislation against the interests of the great States, represented as the latter would

be by an immense numerical majority? How shall the greater wealth and population of the large States be secured against the practical control of the minority, if proportional representation is disallowed? These questions had been settled by giving the small States an equal representation in the second branch, and to the large States their proportional number of the first branch.

It had been further decided that both Houses should have the power to originate legislation. But as the power to tax and to regulate commerce had been the great argument of the more populous States in favor of proportional representation in both branches, it had been agreed by the smaller States, "that all bills for raising or appropriating money, and for fixing the salaries of the officers of the government, shall originate in the first branch, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury but in pursuance of appropriations to be originated by the first branch."

It had been further agreed, touching the general powers of Congress, that they should have all the legislative rights before vested in the Confederacy; "and, moreover, to legislate in all cases for the general interests of the Union, and also in those to which the States are separately incompetent, or in which the harmony

of the United States may be interrupted by the exercise of individual legislation."

The legislative acts of the United States, made by virtue and in pursuance of the Articles of Union, and all its treaties, it was declared, "shall be the supreme law of the respective States, as far as those acts or treaties shall relate to the said States, or their citizens or inhabitants; " "anything in the respective laws of the individual States to the contrary notwithstanding."

All these, together with other resolutions adopted, amounting to twenty-three in number, and representing all the solid results of the debates of the Convention since the 25th of May, were, on the 26th day of July, referred to a "committee of detail," which had been selected by ballot, and was composed of Messrs. Rutledge, Randolph, Gorham, Ellsworth, and Wilson, two from the Southern and three from the Northern States, and all of them possessed of notable strength of intellect. The original propositions of Mr. Paterson, and of Mr. Charles Pinckney (of which latter no authentic copy remains) were referred to the same committee.

Their commission imposed on them the most important and laborious duty of translating these principles into detailed measures suitable for a constitution; and the Convention

suspended its sessions until August 6th to leave the committee free for that work, which was to develop the vital germ of the republic.

In the report of this committee, made on the 6th of August, the Constitution opened with the recital, "We, the people of the States of New Hampshire,” etc., naming each of the thirteen States, "do ordain, declare, and establish the following Constitution for the government of ourselves and our posterity." The Committee of Revision afterwards struck out the names of all the States and established the clause, "We, the people of the United States, do ordain," etc. The name given to the gov. ernment was "The United States of America." The two legislative branches were now called the House of Representatives and the Senate, and together were styled a "Congress." Each House was to choose its own presiding officer. Power was given to Congress to establish uniform qualifications of its members in regard to property. The representatives and senators were disqualified from holding any office under the United States during the time for which they shall respectively be elected, and senators also for one year afterwards. Their compensation was to be paid by the State in which they were chosen. The first House alone had the power of impeachment; the trial body to be the Supreme Court.

The enumeration of legislative powers was very short, and on some of these limitations were imposed. No navigation act could be passed without the assent of two thirds of the members present in each House. No tax or duty could be laid on exports nor on the migration or importation of such persons as any State should permit to enter.

To the Senate was given the power to make treaties, and to appoint ambassadors and judges of the Supreme Court. They were also empowered through elaborate provisions — to try and decide controversies between States which involved their respective jurisdictions or territory; and, further, to determine conflicting land-grants in certain cases. But this judicial function was later transferred to the Supreme Court.

To the States certain prohibitions were applied, including that against entering into any agreement or compact with another State, or emitting bills of credit, or making anything but specie a legal tender. In case of the admission of new States a vote of two thirds of the members voting in each House was required. These and other details opened a wide field for debate.

The Convention, upon hearing the report of the committee, adjourned to consider it before engaging in discussion. This draft of the