The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-24
viously existent Confederation to b.

viously existent Confederation to be
submitted to the confederated States.
When the document was presented
to Congress for ratification three States
were represented entirely by members
of the convention. who thus had oppor-
tunity to vote on the fate Of their own
work; two other States were partly
represented by "Conventioners." and
there was considerable number OF
similar votes scattered among the
other delegations. 1T Is" Lee wrote
most obvious that tho Constitution
proposed by the convention could not
have a dlspasslonate and impartial con-
sideration In Congress, and indeed Il
had not" After considering the new
Constitution with all the attention
and candor that the thing and the
times render necessary" Mr.. Lee
found himself forced to the conclusion
that "in Its present state unamended,
the adoption OF It will put civil liberty
and the happiness Of the people at the
mercy Of rulers who may possess the
great unguarded powers given" In
suggesting amendments to the Consti-
! tuition that could be made without in
! terfering with the general nature OF
the plan or limiting any power of good,
but calculated to impose necessary
checks upon ambition that might lead
to despotism. he proposed a bill of
| rights many OF whose provisions have
since been incorporated In the supreme
law. of the land although they then
made no Roadway. The state Of the
public feeling Of the day he character
lied as "a temporary insanity" In the
verdict OF history upon this memo
rable controversy both sides have been
justified in the resulting compromise
between conflicting oplnlons--it needed,
for instance. civil war to decide the
question OF State right to secede from
the Union; and Mr.. Lee Is COM
petent spokesman for tho party in OPP
| position.
To George Mason, q Virginia lib
eral' member OF the convention who
ut the end declined to sign the Con-
sttution because 1t was not sufficiently
democratic" to suit his taste; who
with Patrick Henry led the opposition
in Virginia to its adoption, and who
declined in Virginia's first election of
Senators the office OF honor that might
have been his, Lee wrote his opinion
or the new frame of government and
its advocates:
The greatness OF the powers efvsn and
tho multitude of places to be created pro-
duco coalition OF monarchy men. mill
tary men. aristocrats and drones, whose
noise, impudence and zeal exceeds all
belief. whilst the commercial piunder Of the |
South stimulates tho rspacious trader. In
this state OF things the patriot voice Is |
raised In vain for such changes and securi- |
ties ns reason and experience prove to be
necessary against the Entertainments OF
power upon the indispensable rights OF
human nature. The plan is to push
the business on with great despatch. that Il |
may be adopted before Il has stood tho
test OF reflection ana due examination. !
This Constitution has a great many
excellent regulations in Il. and IL II could
be reasonably amended would be a fine Hys- |
TEN. As It is think It's past doubt that
II II should be established either a tyranny
will result from It or It will be prevented
by avil war.
Lee was opposed to the plan by
which the Constitution, when received
by Congress from the convention, was
to be rushed to the States for ratifica-
ton. The right to amend being con-
coded, II was rejected by the majority
as ineXpedient; the Constitution
should, in the prevailing view, be
promptly transmitted with respectful
marks OF appreciation" Lee, however,
moved certain amendments and called
the ayes and nays 10 fix them on the
journal" Finally by way of compro-
mise appropriate to the spirit Of the |
time II was decided that the document
should be transmitted without approval
or dlsapproval, with no record upon
the journal save of the bare fact of
transmission. And here the astute
statesman from the South records a
neat bit Of politics: A Unanimously"
was inserted. applying in fact to the
vote for transmission, but In appear
ance 20 the thing transmitted, as II
one should say Congress having re-
ceived the Constitution unanimously
transmits IT," &c. Both in his abstract
political philosophy and in his concrete
application OF II Richard Henry showed
hard sense: Confidence In the mod |
Grafton or benignity OF power is not a
plant or quick growth In a rejecting /
bosom: the corrupting nature OF
power. It's Unsuitable appetite for in
crease. hath proved the necessity and
procured the adoption OF the strongest |
and most express declarations OF that |
residuum OF natural rights which Is not |
intended to be given up to society: |
'ln government where the power OF
judging what shall be for the general
welfare twords missing?l which goes
b. every object OF human legislation. |
ana WneTe the laws OF SuCn Judges |
shall be the supreme law OF the land. |
1t seems to be Of the last consequence |
to declare In most explicit terms the
reservations above alluded to-" Sonnet
capital defects are not within the COM
pass OF legislative redress: THE OIL
garchic tendency from the combination |
of President. Vice-President and Senate
Is ruin not within legislative rem
edy." Virginia, a capital State" has
but one vote out OF thirteen for the
election of President; so, too, OF
voice in the national Senate: "the
largest State" has hut a thirteenth part |
OF the vote. and this to be determined |
and expressed not by the electorate
but by electors, two removes from
the people; hence responsibility is as
little TO be apprehended from amenabil-
ity to constituents as from the terror OF
impeachment"
For consideration of the new Consti-
tuition Mr. Lee hoped that each State
might call a convention OF It's "most
wise and honest men" In order that
the new system may rest on the broad
base of the peoples choice rather than
on the more feeble opinion of the ordi-
nary Legislatures" The deficiencies OF
81