Sunday, December 22, 2013

Moderate Advocates of State Sovereignty

These were the advocates of the New Jersey Plan, who originally resisted the Virginia Plan even if given equality in the Senate, but dropped all resistance and supported the Constitution once the Great Compromise was reached.  On the whole, they played a less distinguished role than the moderates or compromisers.

William Paterson of New Jersey introduced the New Jersey Plan and was by for the most important member of this group.  Even before introducing the New Jersey Plan, he led a strong counter-attack against the Virginia Plan, particularly in establishing a government over individuals instead of states and representing states by population.  The Convention, he said, was merely authorized to strengthen the Articles of Confederation, not to establish a whole new government, and even if they had the authority, the people would never accept it.  There was no need for a national government (over individuals), merely a confederacy (of states).  “A confederacy supposes sovereignty in the members composing it & sovereignty supposed equality.”  He considered making representation proportional to population to be as unjust as giving a rich man greater votes in proportion to his greater stake in society.  Such a system would give the rich total domination and be unsafe for others; likewise, giving proportional representation to states would give all power to the three large states and be unsafe for the other states.  He also opposed having representatives elected by the people instead of state legislatures as unduly weakening the influence of states.  All that was needed, he said, was “to mark the orbits of the States with due precision, and provide for the use of coertion (sic.), which was the great point.”  He concluded with a challenge – let large states withdraw from the United States if  they chose, the small states would never agree to a plan that threatened to swallow them up.  “He had rather submit to a monarch, to a depot, than to such a fate.  He would not only oppose the plan here but on his return home to every thing in his power to defeat it there.”  

The New Jersey Plan was drawn up in a caucus of delegates from the states of Connecticut, New York (except for Hamilton, of course), New Jersey and Delaware, together with Luther Martin of Maryland, but it was William Paterson who introduced the plan and was most strongly associated with it.  Again, he argued that the Convention lacked authority to establish a new government and that the people would never agree to it.  He described the Articles of Confederation as a “treaty” among equal sovereigns, and in order to maintain their sovereignty, states must each have an equal vote and their representatives must be chosen by state legislatures instead of by the people.  He added that even if it was unjust for large states to agree to giving each state an equal vote, it had been done and could not be taken back.  The large states joined the confederacy eagerly; resistance came from the small states of New Jersey and Maryland.  Nor did he agree with the Virginians that his plan of allowing coercion would harm small states; there was no reason why coercion should be used against states instead of individuals.  Paterson served on the committee that proposed the Great Compromise, but did not agree with large state representatives that some other concession should be made in exchange for equality in the Senate; agreeing to proportional representation in the House was a considerable concession, and he would opposed the Compromise as giving too much by small states.  On July 16, 1787, the date of the final deadlock and breakthrough, when Edmund Randolph proposed adjournment, Paterson agreed and proposed that they break up the Convention and go home to their constituents.  When Randolph said he only meant adjournment for the day, Paterson agreed, “as an opportunity seemed to be wished by the larger States to deliberate further on conciliatory expedients.”  

Like other small state representatives, Paterson was more of a nationalist than large state representatives on one issue – the breakup of large states.  He proposed that if we were to become a single nation, the states must be thrown into the “hotchpot” and redivided to make them equal and challenged Virginia, Massachusetts and Pennsylvania to see if they would agree to it.  This was probably more an attempt to discourage large states from seeking greater centralization by warning them of the consequences that a serious proposal.


Gunning Bedford (Delaware):  Gunning Bedford’s role was much smaller than Paterson’s, but he made a few remarks worth noting.  He spoke against a Congressional veto of state laws, fearing that it would be dominated by large states.  Besides, the veto would swamp Congress with state laws to consider, create undue delay in states, and subject their laws to people who knew nothing about the local conditions under which laws were made.  He argued that there was no middle ground between complete consolidation and a mere confederation of states.  The large states hoped to dominate the system and the Deep Southern states supported them because they hoped to become large.  He went on to make a very rash remark, “The Large States dare not dissolve the Confederation.  If they do, the small ones will find some foreign ally of more honor and good faith, who will take them by the hand and do them justice.” Having made this threat, he then hastened to assure everyone that he was not threatening, but the damage had been done.  Rufus King, Edmund RandolphJames Madison, and Gouverneur Morris all roundly condemned the remark (sometimes in terms hot enough that some of their passion comes through Madison's otherwise rather sterile notes) and Paterson dissociated himself from it, although he said that Gouverneur Morris’ comments about the sword and gallows also deserved to be condemned.  Bedford apologized saying this was merely a prediction, not a threat, and was partly provoked by Morris’ comments about the sword uniting and Gorham suggesting that small states allow themselves to be annexed by large ones.  Once the Great Compromise was reached, Bedford largely dropped his opposition to a stronger central government, going so far as to propose to give Congress power 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 U. States may be interrupted by the exercise of individual Legislation."  Moderate nationalist Edmund Randolph thought this was going too far.

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