03: The New Nation

As the government of the United States of America is not in any sense founded on the Christian Religion

The mutability of the laws of the States is found to be a serious evil. The injustice of them has been so frequent and so flagrant as to alarm the most stedfast friends of Republicanism. I am persuaded I do not err in saying that the evils issuing from these sources<a class="ptr" id="TSJN-01-12-0276-fn-0021-ptr" href="#TSJN-01-12-0276-fn-0021" title="jump to note 21">21</a> contributed more to that uneasiness which produced the Convention, and prepared the public mind for a general reform, than those which accrued to our national character and interest from the inadequacy of the Confederation to its immediate objects.

Those who contend for a simple Democracy, or a pure republic, actuated by the sense <a id="TSJN-01-12-02-pb-0277"></a> of the majority, and operating within narrow limits, assume or suppose a case which is altogether fictitious.

Even in its coolest state, it has been much oftener a motive to oppression than a restraint from it.

I agree with you likewise in your wishes to keep religion and government independant of each Other.

Human Governments may receive Support from Christianity but it must be only from the love of justice, and peace which it is calculated to produce in the minds of men.

Excuse the length of this letter. my pen has run away with me.—Pray throw it in the fire as soon as you have read it. Not a line of it must be communicated to a human Creature with my name.

The moral certainty therefore is that there will be an Anti-fœderal Majority in the Ensuing Legislature, and this very high probability is that this will bring <span style="font-style: italic">Jefferson</span> into the Chief Magistracy; unless it be prevented by the measure which I shall now submit to your <a id="ARHN-01-24-02-pb-0465"></a>consideration, namely the immediate calling together of the existing Legislature.

They ought not to hinder the taking of a <span style="font-style: italic">legal</span> and <span style="font-style: italic">constitutional</span> step, to prevent an <span style="font-style: italic">Atheist</span> in Religion and a <span style="font-style: italic">Fanatic</span> in politics from getting possession of the helm of the State.

In weighing this suggestion you will doubtless bear in mind that Popular Governments must certainly be overturned &amp; while they endure prove engines of mischief—if one party will call to its aid all the resources which <span style="font-style: italic">Vice</span> can give and if the other, however pressing the emergency, confines itself within all the ordinary forms of delicacy and decorum.

Began consideration of an independent Executive.<br> Agreed (10 – 0) on single Executive.<br> Defeated (9 – 1) election by citizens of the United States.<br> Defeated (8 – 2) election by electors appointed by State Legislatures.<br> Approved (10 – 0) election by Legislature.<br> Postponed decision on 7-year term.<br> Defeated (6 – 4) ineligibility requirement.<br> Defeated (6 – 4) a motion to substitute hold office “during good behavior” rather than 7 years.<br> Defeated (6 – 4) a motion to strike seven years.

Took up proposal #4 to amend Article X, Section 1 (Election of Executive):

C.) “The person having the greatest number of (Electoral College) votes shall be the President.”

Agreed (7 – 3) to postpone consideration of #4-#9.

Defeated (7 – 3 – 1) motion to overcome non-majoritarian outcomes in the Electoral College in the whole Congress instead of just the Senate.

Agreed (10 – 1) to a motion by <a href="#" onclick="window.open('http://teachingamericanhistory.org/static/convention/delegates/williamson.html','Max','toolbar=no,width=500,height=400,left=10,top=10,screenX=10,screenY=10,status=no,scrollbars=yes,resizable=yes');return false">Williamson</a>&nbsp;to substitute the House, with voting by states, for the Senate, or the whole Legislature, in electing the Executive from the top 4 candidates in the event of a break down of the Electoral College.

Agreed (8 – 3) on Electoral College with majority of electoral votes needed for the election of the Executive.<br> Decided (10 – 1) that the House, rather than the Senate, shall decide in such circumstances but each State shall have one vote.<br> Approved (6 – 4 – 1) motion to let Legislature determine who shall act in cases of disability of President and Vice-President.

Although the ideas expressed were Washington's, Alexander Hamilton wrote a large part of the address.

The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.

First. The President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union.