第 17 节
作者:阎王      更新:2021-02-18 23:35      字数:9322
  idently afraid of the impression which would be created outside; if it were suspected that there were dissensions in the Convention; and the motion was not put to a vote。 How far physical conditions may influence men in adopting any particular course of action it is impossible to say。 But just when the discussion in the Convention reached a critical stage; just when the compromise presented by the committee was ready for adoption or rejection; the weather turned from unpleasantly hot to being comfortably cool。 And; after some little time spent in the consideration Of details; on the 16th of July; the great compromise of the Constitution was adopted。 There was no other that compared with it in importance。 Its most significant features were that in the upper house each State should have an equal vote and that in the lower house representation should be apportioned on the basis of population; while direct taxation should follow the same proportion。 The further proviso that money bills should originate in the lower house and should not be amended in the upper house was regarded by some delegates as of considerable importance; though others did not think so; and eventually the restriction upon amendment by the upper house was dropped。 There has long been a prevailing belief that an essential feature of the great compromise was the counting of only three…fifths of the slaves in enumerating the population。 This impression is quite erroneous。 It was one of the details of the compromise; but it had been a feature of the revenue amendment of 1783; and it was generally accepted as a happy solution of the difficulty that slaves possessed the attributes both of persons and of property。 It had been included both in the amended Virginia Plan and in the New Jersey Plan; and when it was embodied in the compromise it was described as 〃the ratio recommended by Congress in their resolutions of April 18; 1783。〃 A few months later; in explaining the matter to the Massachusetts convention; Rufus King said that; 〃This rule 。 。 。 was adopted because it was the language of all America。〃 In reality the three…fifths rule was a mere incident in that part of the great compromise which declared that 〃representation should be proportioned according to direct taxation。〃 As a further indication of the attitude of the Convention upon this point; an amendment to have the blacks counted equally with the whites was voted down by eight States against two。 With the adoption of the great compromise a marked difference was noticeable in the attitude of the delegates。 Those from the large States were deeply disappointed at the result and they asked for an adjournment to give them time to consider what they should do。 The next morning; before the Convention met; they held a meeting to determine upon their course of action。 They were apparently afraid of taking the responsibility for breaking up the Convention; so they finally decided to let the proceedings go on and to see what might be the ultimate outcome。 Rumors of these dissensions had reached the ears of the public; and it may have been to quiet any misgivings that the following inspired item appeared in several local papers: 〃So great is the unanimity; we hear; that prevails in the Convention; upon all great federal subjects; that it has been proposed to call the room in which they assemble Unanimity Hall。〃 On the other hand the effect of this great compromise upon the delegates from the small States was distinctly favorable。 Having obtained equal representation in one branch of the legislature; they now proceeded with much greater willingness to consider the strengthening of the central government。 Many details were yet to be arranged; and sharp differences of opinion existed in connection with the executive as well as with the judiciary。 But these difficulties were slight in comparison with those which they had already surmounted in the matter of representation。 By the end of July the fifteen resolutions of the original Virginia Plan had been increased to twenty…three; with many enlargements and amendments; and the Convention had gone as far as it could effectively in determining the general principles upon which the government should be formed。 There were too many members to work efficiently when it came to the actual framing of a constitution with all the inevitable details that were necessary in setting up a machinery of government。 Accordingly this task was turned over to a committee of five members who had already given evidence of their ability in this direction。 Rutledge was made the chairman; and the others were Randolph; Gorham; Ellsworth; and Wilson。 To give them time to perfect their work; on the 26th of July the Convention adjourned for ten days。
  CHAPTER VII。 FINISHING THE WORK Rutledge and his associates on the committee of detail accomplished so much in such a short time that it seems as if they must have worked day and night。 Their efforts marked a distinct stage in the development of the Constitution。 The committee left no records; but some of the members retained among their private papers drafts of the different stages of the report they were framing; and we are therefore able to surmise the way in which the committee proceeded。 Of course the members were bound by the resolutions which had been adopted by the Convention and they held themselves closely to the general principles that had been laid down。 But in the elaboration of details they seem to have begun with the Articles of Confederation and to have used all of that document that was consistent with the new plan of government。 Then they made use of the New Jersey Plan; which had been put forward by the smaller States; and of a third plan which had been presented by Charles Pinckney; for the rest they drew largely upon the State Constitutions。 By a combination of these different sources the committee prepared a document bearing a close resemblance to the present Constitution; although subjects were in a different order and in somewhat different proportions; which; at the end of ten days; by working on Sunday; they were able to present to the Convention。 This draft of a constitution was printed on seven folio pages with wide margins for notes and emendations。 The Convention resumed its sessions on Monday; the 6th of August; and for five weeks the report of the committee of detail was the subject of discussion。 For five hours each day; and sometimes for six hours; the delegates kept persistently at their task。 It was midsummer; and we read in the diary of one of the members that in all that period only five days were 〃cool。〃 Item by item; line by line; the printed draft of the Constitution was considered。 It is not possible; nor is it necessary; to follow that work minutely; much of it was purely formal; and yet any one who has had experience with committee reports knows how much importance attaches to matters of phrasing。 Just as the Virginia Plan was made more acceptable to the majority by changes in wording that seem to us insignificant; so modifications in phrasing slowly won support for the draft of the Constitution。 The adoption of the great compromise; as we have seen; changed the whole spirit of the Convention。 There was now an expectation on the part of the members that something definite was going to be accomplished; and all were concerned in making the result as good and as acceptable as possible。 In other words; the spirit of compromise pervaded every action; and it is essential to remember this in considering what was accomplished。 One of the greatest weaknesses of the Confederation was the inefficiency of Congress。 More than four pages; or three…fifths of the whole printed draft; were devoted to Congress and its powers。 It is more significant; however; that in the new Constitution the legislative powers of the Confederation were transferred bodily to the Congress of the United States; and that the powers added were few in number; although of course of the first importance。 The Virginia Plan declared that; in addition to the powers under the Confederation; Congress should have the right 〃to legislate in all cases to which the separate States are incompetent。〃 This statement was elaborated in the printed draft which granted specific powers of taxation; of regulating commerce; of establishing a uniform rule of naturalization; and at the end of the enumeration of powers two clauses were added giving to Congress authority: 〃To call forth the aid of the militia; in order to execute the laws of the Union; enforce treaties; suppress insurrections; and repel invasions; 〃And to make all laws that shall be necessary and proper for carrying into execution the foregoing powers。〃 On the other hand; it was necessary to place some limitations upon the power of Congress。 A general restriction was laid by giving to the executive a right of veto; which might be overruled; however; by a two…thirds vote of both houses。 Following British tradition yielding as it were to an inherited fearthese delegates in America were led to place the first restraint upon the exercise of congressional authority in connection with treason。 The legislature of the United States was given the power to declare the punishment of treason; but treason itself was defined in the Const