The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
adjusted through the medium of the federal judiciary.
Such were the fundamental provisions of the Virginia plan with regard to
the national legislature. To carry out the laws, it was proposed that
there should be a national executive, to be chosen by the national
legislature for a short term, and ineligible a second time. Whether the
executive power should be invested in a single person or in several was
not specified. As will be seen hereafter, this was regarded as an
extremely delicate point, with which it was thought best not to
embarrass the Virginia plan at the outset. Passing lightly over this, it
was urged that, in order to complete the action of the government upon
individuals, there must be a national judiciary to determine cases
arising under the Constitution, cases in admiralty, and cases in which
different states or their citizens appear as parties. The judges were to
be chosen by the national legislature, to hold office during good
behaviour.
[Sidenote: First reception of the Virginia plan.]
Such, in its main outlines, was the plan which Randolph laid before the
convention, in the name of the Virginia delegation. An audacious scheme!
exclaimed some of the delegates; it was enough to take your breath away.
If they were going to begin like this, they might as well go home, for
all discussion would be time wasted. They were not sent there to set on
foot a revolution, but to amend and strengthen the articles of
confederation. But this audacious plan simply abolished the
Confederation in order to substitute for it a consolidated national
government. Foremost in urging this objection were Yates and Lansing of
New York, with Luther Martin of Maryland. Dickinson said it was pushing
things altogether too far, and his colleague, George Read, hinted that
the delegation from Delaware might feel obliged to withdraw from the
convention if the election of representatives according to population
should be adopted. By the tact of Madison and Gouverneur Morris this
question was postponed for a few days. After some animated discussion,
the issues became so narrowed and defined that they could be taken up
one by one. It was first decided that the national legislature should
consist of two branches. Then came a warm discussion as to whether the
members of the lower house should be elected directly by the people.
Curiously enough, in a country where the principle of popular election
had long since taken such deep root, where the assemblies of the several
states had been chosen by the people from the very beginning, there was
some doubt as to whether the same principle could safely be applied to
the national House of Representatives. Gerry, with his head full of the
Shays rebellion and the "Know Ye" measures of the neighbouring state,
thought the people could not be trusted. "The people do not want
virtue," said he, "but are the dupes of pretended patriots." Roger
Sherman took a similar view, and was supported by Martin, Rutledge, and
Public-domain text, read in full here on John Shaqi.
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