25This document is in possession of Miss Emily K. Paterson.1. Because it accords with our Powers. Suppose an Attorney. Who can vote agt. it- If Confedn.
cannot be amended, say so- The Experimt. has not been made.
2. Because it accords with the Sentiments of the People.
1. Coms.
2. News-papers-Political Barometer. Jersey never would have sent Delegates under the first Plan-
Not to sport Opinions of my own. Wt. can be done. A little practicable Virtue preferrable to
Theory.
1. As States-independant of any Treaty or Confedn.-
Each State is sovereign, free, and independant-Sovereignty includes Equality. We come here as
States and as Equals-Why vote by States in Convention-We will not give up the Right-
Mr. Wilson-A Principle given up in the first Confedn. 26Wilson, according to Madison's notes, made use of some such expression in his speech of June 9, Doc, Hist., III. 99.
2. As under the existing Articles of the Confedn.
5th. Article-unanimously entered into.
Back Lands-Jersey-Maryland- 27"It was the small ones that came in reluctantly and slowly. N. Jersey and Maryland were the two last, the former objecting to the want of power in Congress over trade: both of them to the want of power to appropriate the vacant territory to the benefit of the whole." Paterson, June 16, as condensed by Madison, Ibid., 131.
A Contract. The Nature of a Contract. Solemnly entered into-Why break it-why not the new or
present one be broke in the same Manner-
Convenience.
The last Clause in the Confedn.-
Some of the States will not consent-
Self-Destruction.
Hitherto argued upon Principle-as States-as subsisting Treaties-The Danger to the lesser States-
The Natural Progress of Power-Combination of Parts-Orders-States-Proportion of
Votes-State-Politicks and Attachments-Great Britain and America-
Objns. The larger States contribute most, and therefore Representn. ought to be in Proportion-
No-they have more to protect.
2. For the Sake of preserving the Liberty of the others-
3. Wealth will have its Influence-
Objn.-Mr. Wilson 28Reference is made here and in many of the succeeding arguments to Wilson's speech of June 9 Doc. Hist., III. 99.-first Principles-All Authority derived from the People-The People entitled
to exercise Authority in Person. One free Citizen ought to be of equal Importance with
another-true-One free State of equal Importance with another-Both true when properly applied. The
Beauty of all Knowledge consists in the Application-
One free Citizen ought to be of equal Importance with another-they are Members of the Society,
and therefore true-England and Switzerland. Pennsylva. and Jersey-they have the same Privileges,
partake in the same common Stock, for Instance, in back and unlocated Lands. The Genn. soon found
out the Diffe. between a Pennsylva. and a Jersey-Man when we talked of Consolidn. then the
Pennsyla. gave up 1/3 -No; no-A Nation, when it is necessary to go by Majority of Votes, a State,
when it is necessary to divide the common Stock-
Equalize the States-No Harm-no Hurt. No authority for that Purpose-and then it is impracticable-
Authority-Why talk of the first set of Propositions-
Impracticable-how does that appear-Make the Experiment-Propose the Measure to the Consideration
of the States- 30Paterson's argunment in these paragraphs may be this: The gentlemen are desirous of making a nation but when we propose consolidation by a redivision of the states so that the parts may be equal, then it is apparent that Pennsylvania would lose a portion, one-third, of its land. They are for a nation, when it is a question of voting, but they are for the state when a division of the land is proposed, or a division of the common stock. Let us try the plan of equalizing the states. No harm will be done. Gentlemen argue that they have no authority. If they are hesitating because of want of authority, why do they talk of the Randolph plan? They have no authority to propose those measures either. Why is it argued that it is impracticable to throw the land into a common stock and divide the states anew? How does that appear? Make the experiment. Propose the measure to the consideration of the states. If Paterson and Brearley had this scheme as much in mind as it would appear they had, it is apparent that they were not quite so determined as some to adhere to the principle of the Confederation as the only solution. There came out distinctly the old small state jealousy and above all the interminable land question which and agitated the states almost from the beginning of the war.
Objn.-There must be a national Governmt. to operate individually upon the People in the first
Instance, and not upon the States-and therefore a Representation from the People at Large and not
from the States-
1. Will the Operation and Force of the Govt. depend upon the mode of Representn.-No-it will
depend upon the Quantum of Power lodged in the leg. ex. and judy. Departments-it will operate
individually in the one Case as well as in the other-
2. Congress are empowered to act individually or to carry the Reqt. into Execn. in the same
Manner as is set forth in the first Plan-
3. If not, it may be modified to answer the Purpose.
4. If it cannot be done, better than to have some States devoured by others-
Objn.-Congress not sufficient-there must be two Branches-a House of Delegates and a Senate; why,
they will be a Check-This not applicable to the supreme Council of the States-The Representatives
from the several States are Checks upon each other.
In a single State Party Heat and Spirit may pervade the whole, and a single Branch may of a
sudden do a very improper Act-A second Branch gives Time for Reflexion; the Season of Calmness
will return, etc. Is this likely to be the Case among the Representatives of 13 States-
What is the Fact-Congress has hitherto conducted with great Prudence and Sagacity-the People have
been satisfied-Give Congress the same Powers, that you intend to give the two Branches, and I
apprehend they will act with as much Propriety and more Energy than the latter.
The Chance for Wisdom greater-Refinement-Secretion-
The Expence will be enormous-
Congress the Sun of our political World.