Sunday, December 29, 2013

Extreme State Sovereignty: Luther Martin

Once the New York delegation went home and the Great Compromise was reached, Luther Martin of Maryland remained the lonely voice arguing in vain for state sovereignty, ignored by all the others.  He arrived on June 9, 1787, after the Virginia Plan had been debated for some time, but before the New Jersey Plan had been presented, and Madison believed that he participated in preparing the New Jersey Plan.  He did not speak in favor of the New Jersey Plan when it was first introduced, but once the Virginia Plan was adopted, he backed Lansing’s last-ditch motion to revive the New Jersey Plan by vesting all powers of the United States legislature in “Congress.” 

At the separation from the British Empire, the people of America preferred the establishment of themselves into thirteen separate sovereignties instead of incorporating themselves into one: to these they look up for the security of their lives, liberties & properties: to these they must look up.  The federal Gov’t they formed, to defend the whole agst foreign nations, in case of war, and to defend the lesser States agst the ambition of the larger: they are afraid of granting powers unnecessarily, lest they should defeat the original end of the Union; lest the powers should prove dangerous to the sovereignties of the particular States which the Union was meant to support; and expose the lesser to being swallowed up by the larger.

He also spoke against representation by population, against election by the people and against having two houses, all as weakening the sovereignty of states.  

His most extensive argument for state sovereignty took place on June 27-28, when he held forth on the subject at length.  The General Government, he said was meant merely to preserve the state governments, not to govern individuals (this is the clearest rejection anyone gave of the “national” principle of authority over individuals and in favor of the “federal” principle of legislating only for collective bodies).  If the central government was too weak, more powers could be added; if too powerful, powers could not be taken back.  (He has a point there).  He then went into more Lockean theory of the social contract than the other delegates ever used.  Just as individuals are equally free and independent in the state of nature, so are states equally free and independent in the state of nature, citing important social philosophers to prove his point.  Since the individual citizens of the states had formed their social contract to form state government, and since state governments had formed a social contract to create a federal government, to appeal directly to the people of the states to make a national government would throw them back into the state of nature (i.e., anarchy).  If representation became proportional to population, Virginia would have 16 representatives, and surely it would be easier for these 16 to combine against the small states than for the small states to combine against Virginia.  He feared representation by population would totally subordinate the other ten states to Virginia, Massachusetts and Pennsylvania.  Reading Madison’s summary of this speech, with one argument against a national system piled on after another, one senses a note of panic there, a fear that state sovereignty was slipping away and that if he did not persuade the Convention now, all would be lost.  His colleagues sitting through the nearly two days of his speech may have gotten a different impression.  To them, the whole thing may simply have been long-winded and boring.

He kept up the argument.  Under the Articles of Confederation, the states were said to be equally sovereign and independent.  Why was that not now understood?  He would never agree to confederate except on “just” principles, i.e., equal representation by states.  Unlike Lansing and Yates, Martin did not walk out, but neither did he ever accept the new system.  When Morris and King proposed equal representation in the Senate so long as voting was by individuals instead of states, everyone else joined the general love-fest, but Martin resisted, saying that voting per capita departed from the idea of states being represented in the second branch.

Martin consistently supported state sovereignty on all issues but one.  He opposed having state officials take an oath to uphold federal laws lest it conflict with their oath to state laws.  He also opposed allowing the federal government to collect taxes from individuals directly; rather, when direct taxes were needed, it should have states raise them by quotas and favored having the states pay the Senate, since the Senate was to represent the states.  He opposed the creation of federal trial courts and, if they could not be prevented, wanted judges to be appointed by the Senate, as representatives of the states.  He opposed federal control of the state militia, favored a limit on the size of army the federal government could keep during peace time, and believed the consent of a state should be required before the federal government could intervene to suppress a rebellion.  Naturally, he thought a federal veto of state laws “improper and inadmissible”, although even he agreed to a strongly-worded statement federal law should be supreme, anything in state law notwithstanding.  He favored ratification of the Constitution by state legislatures, saying that an appeal to the people would lead to “commotions” and called for a unanimous ratification by all 13 states.  In any case, he was sure that the Constitution would be rejected, especially by the people and state government of Maryland, and that the only way it could ever pass would be if the people were rushed into it without proper chance to consider.

On one issue and one issue only did Martin support the central government over the states – the issue of western lands.  Maryland had no claims to western lands, and greatly resented the states (particularly Virginia) that did.  On this, Martin spoke more as a representative specifically of Maryland than as a states' rights man.  He opposed the provision that states could not be deprived of land without their consent – the western lands must be given up to the general government, a very important point to Maryland.  He mocked the large states’ resistance on the subject:

He wished Mr Wilson had thought a little sooner of the value of political bodies.  In the beginning, when the rights of the small sates were in question, they were phantoms, ideal beings.  Now when the great States were to be affected, political societies were of a sacred nature. 

Yet Martin undermined his own position in arguing for large states to give up their western claims.  In response to Wilson, who said that a state should be broken up only if the majority of people within the state wish to be divided, he replied that in Virginia, representation was by counties instead of by population. 

Even if they [the people wishing to separate] should become the majority, the majority of Counties, as in Virginia, may still hold fast the dominion over them.  Again, the majority may place the seat of Government entirely among themselves & for their own conveniency, and still keep the injured parts of the States in subjection, under the guaranty of the Gen’l Government agst domestic violence.(Ibid).

Martin does not seem to have realized what a strong argument this could have been against representation by states, as well as by counties!

One final comment on Martin and his irreconcilability.  He had left by the end of the Convention, and so did not have the opportunity to refuse to sign the Constitution, but he opposed it bitterly during the ratification debates in Maryland.  His opposition, as mentioned above, was in vain; the Maryland convention passed the Constitution 63-11 with only five days’ debate.  He would seen a natural follower of Thomas Jefferson, who after the Constitution was adopted led the party seeking to limit federal powers.  Yet Martin developed so deep a personal grudge against Jefferson that he ultimately joined Hamilton’s centralizing Federalists out of pure spite!


NEXT UP:  NORTH-SOUTH ISSUES AT THE CONSTITUTIONAL CONVENTION.

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