Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-08
The State Of Arkansas Us. Sam
ueI w. Williams.
OPINION.
By TIE C0UET, Mr.. JUSTICE PIKE.
CONTINUED FROM YEsrERDAY.l

NOTE A. Continued.
When Mr. RANDOLPH, SAY the min
utes Of Mr.. YATES, offered his reso-
lutiODs, he candidly confessed that they
were not intended for a Fsdordl govern
ment he meant a strong consolidated
/ Union, ia Jubicb the idea OF States should
I be nearly dHHihHated' Mr.. PINCKNEY
said thar the system which he proposed
! was grounded en- the same principles
Mr.. MADISON thought that when the
I convention had agreed to have a
! National government, that excluded a
/ Federal one, and that, the more eXten-
sive the basis, the greater probability Of
duration, happiness and good order =
] that is, that popular representation
should govern in both branches. The
] resolutions from Virginia. Gov. RAN
/ DOLPH said, must have been
adopted on the supposition that q
/ Federal government was impractica-
BILE Mr. c. c. PLNCKNEY said,
the convention have already de-
termined, virtually, that the Federal
. Government cannot be mafel Efficient
/ HAMILTON was satisfied thai no amend
HeHt Of the Consideration would an
swer the purpOseiof a good government,
" so long as the State SOvereignties do,
/ in any shape, exist and doubted
] ~
/ Virginia plan, could be made effectual.
/ 1t was, he said, "pOrk still, iriih n title
/ change u the sauce though it, as well
as his own, was very remote from the
/ idea Of the people, Mr.. MADISON said,
" II we do not radically depart from
Federal plan, we shall share the fate Of
1 Ancient and Modern Conf9derRcies."
A." The greater States,n he said, "wOuld
not give up the point of representation"
| The motion to 'eXpunge' the word
! National came from Connecticut II was
unanimously agreed 20. The Convention
was startled, 10 doubt, by the assum ption
that il had already settled on destroying
the federal system. This was done on
the 10Th Of June. The day before, HAM
ILFON had said that the General Gov
ernment must have JUK sovereignty.
Even with cOrD0rdte rights he said,
'the States will be dangerous to the Ma
tional Government and ought 10 be &c
tHguishcd, new modified, or reduced TO
a smaller scale Mr.. KING said consol-
! idati0n was already established; that
| there was already a union OF the men OF
! the States, and none Of the States were
/ sovereign or independent. Mr.. LANSING
said that the Virginia plan proposed to
extinguish the State governments, and
/ he was not authorized to accede 20 it.
Mr.. MADISON even said that the states
! trere not S0rereig igl but only political socie-
ties that then 'Herer possessed the
essential rights Of sovereignty; that the
| States ought to be placed under the con-
! trOl Of the General Government, at least
as much 50 as they formerly were under
| the King and British Parliament
When Judge ELLSWORTH moved, as an
amendment to the Virginia plan, that
each State should in the Senate have au
equal vote, he said, I confess that the
| effect OF this motion is, to make the Gen
l eral Government partly federal and
partly national 8 If the great States
he said, refuse this plan, We will be for
/ ever separated. If all the States are to
exist, they must necessarily nave an
! equal vote in the General Government
! But MADISON said, " I would always ex-
| clude inconsistent principles, in forming
! q system Of Government. l would
/ compromise on this question, if / could do
! it on correct principles, but otherwise not
" II the old fabric Of the Confederation
must be the groundwork Of the new, we
must fail" Mr.. ELLSWORTH lof Con-
necticutl said " small States must possess
the power of self-delence OF be ruined
He reasoned admirably and closely but
could not convince Mr.. MADISON, whostiil
luHaHlCtA lAldA h44E eALADAA " -e
/ culV detective, and said we must, in
new National Government, guard against
/ those defects" He said that, although
| the large States should, in the first
branch, have weight proportiOnate TO
Z their population, yet If the smaller
States bad an equal vote in the second
I branch, they would be able 10 control,
and leave the larger without any essen
/ tial benefit.
! FRANKLIN proposed an impracticable
| plan, to which nobody paid any notice.
/ Mr.. BEDFORD, Of Delaware, finally said,
! that the large States were acting from
interested, and many from ambitious
| motives. Numbers, wealth, and local
| views, he said, had acIuated their deter
/ limitations. The larger States, be said,
8 proceed as If our eyes were already per-
/ fectly blinded. Impartiality, with them,
/ is already perfectly out of the question.
! The reported plan is their political creed,
| and they support it, right or wrong
/ Even the diminntive State Of Georgia
| has an eye to her future wealth and
/ greatness. South Carolina, puffed up
/ with the possession Of her wealth and
! negroes, and North Carolina, are all,
! from different views, united with the
! great States; and these latter, although
il Is said they can never, from interested
| views, form coalition, We find closely
Z united in one scheme Of interest
/ and ambition, notwithstanding they
! endesvouT 10 amuse Us with the
/ purity OF thei. principles and the
| reCtitUde II tnsiT iHteptiops, in as
| seTting that the General l4oyeTnment
/ must be drawn from an equal represent
alton Of the people. The smaller
/ States never can agree TO the Virginia
y T. :. IL -
| pected that the State Governments viii
I approve the proposed system, and that
/ this House must directly carry il to the
/ people for their approbaJion.'
When a select Committee was again
moved for, Mr.. ,ItRTIN said, II is again
I attempted 70 colupronlise. kou must
give each State an equal suffrage, or cur
Business is at an endh
The Committee was appointed, how
( ever, Of one from each State. The Con
yea-loa gas 1t a dead lock. GERRY,
/ ELLSWORTH, &A1E1, bRLNGITG, f5Ep-
/ FORD MARTIE and MASON Yers on the
! Committee Finally, on motion of Mr.
I FRANKLIN, the matter was compounded
IN COMMITTEES. The large States yictded.
IL was agreed there should be an equal
] vote IN the Senate. When the Commit
4 tee reported. Mr.. MADISON said, "I re-
htAetA IA foe4a tahz- s4i aalsAi NtFLALE on AllG
report, from the'rasIeCs i baEr 10 tie
2 members Of the CommiYe4. Ianust con
fsss see n9thiug OF c61cessiorf in it.H
The ssnate, lao ssld, cissll in number,
and harmonious, would always prevail.
''W We are driven" he said, Z" to an un-
happy dilemma. TtCO-thirds of the in
fS'bit1Jlts Of the Union are to please The
I ~. - 6y sacrificing their
! remaining One-tHu,-,
essential rights"
! Mr.. RANDOLPH and Nr. MASON, Of
| Virginia, and MIR. GERRY, of Massachu-
sets, even refused TO sign the Constitu-
/ tion, one OF the reasons Of each being
] the equality Of suffrage in the Senate.
I It was wholly owing to the smaller
States, New Hampshire, Connecticut,
4 Delaware, New Jersey and MARYLAND,
! and New York, then small 10 population,
that any federal features were retained
I in the Constitution. The purpose of
/ Virginia, Pennsylvania and Massachu-
] - 49, l.