CHAPTER VIII

THE PROCESS OF RATIFICATION

On the 17th day of September, 1787, the Convention at Philadelphia

finished its work and transmitted the new Constitution to Congress, with

the suggestion that “it should afterwards be submitted to a convention

of delegates chosen in each state by the people thereof, under the

recommendation of its legislature for their assent and ratification; and

that each convention assenting to and ratifying the same should give

notice thereof to the United States in Congress assembled.” The

Philadelphia Convention further proposed that when nine states had

ratified the new instrument, it should go into effect as between the

states ratifying the same. Eleven days later, on September 28, the

Congress, then sitting in New York, resolved to accept the advice of the

Convention, and sent the Constitution to the state legislatures to be

transmitted by them to conventions chosen by the voters of the

respective commonwealths.

This whole process was a departure from the provisions of the then

fundamental law of the land—the Articles of Confederation—which provided

that all alterations and amendments should be made by Congress and

receive the approval of the legislature of every state. If to-day the

Congress of the United States should call a national convention to

“revise” the Constitution, and such a convention should throw away the

existing instrument of government entirely and submit a new frame of

government to a popular referendum, disregarding altogether the process

of amendment now provided, we should have something analogous to the

great political transformation of 1787–89. The revolutionary nature of

the work of the Philadelphia Convention is correctly characterized by

Professor John W. Burgess when he states that had such acts been

performed by Julius or Napoleon, they would have been pronounced _coups

d’état_.[539]

This revolutionary plan of procedure was foreshadowed in the Virginia

proposals at the opening of the Convention, and was, therefore,

contemplated by some of the leaders from the beginning. When it was

under consideration on June 5, Sherman, of Connecticut, opposed it on

the ground that it was unnecessary and that regular provisions were

already made in the Articles for amendments. Madison wanted to establish

the Constitution on some foundation other than mere legislative

approval. Gerry “observed that in the Eastern states the Confederation

had been sanctioned by the people themselves. He seemed afraid of

referring the new system to them. The people in that quarter have, at

this time, the wildest ideas of government in the world. They were for

abolishing the senate in Massachusetts.” King thought that “a convention

being a single house, the adoption may be more easily carried through it

than through the legislatures where there are several branches. The

legislatures also being to lose power will be most likely to raise

objections.”[540]

On July 23 the resolution regarding ratification came before the

Convention again for discussion,[541] when it was moved that the

Constitution be referred to the state legislatures. One of the principal

objections urged against this plan was the possibility of a later

legislature’s repealing the ratification by a preceding body of the same

authority; but the chief problem was whether there was more likelihood

of securing a confirmation by legislatures or by conventions. “Whose

opposition will be most likely to be excited against the system?” asked

Randolph. “That of the local demagogues who will be degraded by it from

the importance they now hold. These will spare no efforts to impede that

progress in the popular mind which will be necessary to the adoption of

the plan.... It is of great importance, therefore, that the

consideration of this subject should be transferred from the

legislatures where this class of men have their full influence to a

field in which their efforts can be less mischievous. It is, moreover,

worthy of consideration that some of the states are averse to any change

in their constitution, and will not take the requisite steps unless

expressly called upon to refer the question to the people.”

Mr. Gorham, of Massachusetts, was of the same opinion. He “was against

referring the plan to the legislatures. 1. Men chosen by the people for

the particular purpose will discuss the subject more candidly than

members of the legislature who are to lose the power which is to be

given up to the general government. 2. Some of the legislatures are

composed of several branches. It will consequently be more difficult in

these cases to get the plan through the legislatures than through a

convention. 3. In the states many of the ablest men are excluded from

the legislatures, but may be elected into a convention. Among these may

be ranked many of the clergy who are generally friends to good

government.... 4. The legislatures will be interrupted with a variety of

little business; by artfully pressing which, designing men will find

means to delay from year to year, if not to frustrate altogether, the

national system. 5. If the last article of the Confederation is to be

pursued the unanimous concurrence of the states will be necessary.”

In the Convention, Ellsworth preferred to trust the legislatures rather

than popularly elected conventions. “He thought more was to be expected

from the legislatures than from the people. The prevailing wish of the

people in the eastern states is to get rid of the public debt; and the

idea of strengthening the national government carries with it that of

strengthening the public debt.” After the plan of ratification by

conventions was carried in spite of Ellsworth’s objections, he defended

it in his appeal to the populace by saying: “It proves the honesty and

patriotism of the gentlemen who composed the general Convention, that

they chose to submit their system to the people rather than to the

legislatures, whose decisions are often influenced by men in the higher

departments of government, who have provided well for themselves and

dread any change least they should be injured by its operation. I would

not wish to exclude from a state convention those gentlemen who compose

the higher branches of the assemblies in the several states, but choose

to see them stand on an even floor with their brethren, where the

artifice of a small number cannot negative a vast majority of the

people. This danger was foreseen by the federal convention and they have

wisely avoided it by appealing directly to the people.”[542]

A study of the opinions of the members of the Convention shows that four

leading reasons led to the agreement on ratification by state

conventions. It permitted the disregard of the principle of unanimous

approval by the states. A firmer foundation would be laid for the

Constitution if it had the sanction of special conventions rather than

temporary legislatures. One of the first objects of the Constitution was

to restrict the authority of state legislatures, and it could hardly be

expected that they would voluntarily commit suicide. Another leading

purpose of the Convention was to pay the public debt at par, and the

members had learned from the repeated appeals to the state legislatures

for funds to meet this national obligation that no relief was to be

expected from this source. There was a better chance of getting the

right kind of citizens elected to a convention than to a legislature. By

separating the election of delegates to state conventions from the

election of members to the state legislatures, the supporters of the

Constitution were better able to concentrate their campaign of

education. As for the provision of the Articles of Confederation

requiring the approval of every state for any amendment in the Articles,

the urgent necessities of the advocates of the new system could not

permit such a mere technicality to stand in their way.

The question of their legal right to cast aside their instructions and

draft a totally new instrument was more or less troublesome for those

who entertained a strict regard for the observance of the outward signs

of propriety. No doubt the instructions of the delegations from the

several states limited them to the “revision” of the Articles of

Confederation, and it is highly improbable that in the state of public

temper then prevailing a Convention would have assembled at all if its

revolutionary purposes had been understood. During the debates behind

closed doors Mr. Paterson declared that the delegates were bound by

their instructions, but Randolph replied that “he was not scrupulous on

the point of power”; and Hamilton agreed with this view saying, “We owed

it to our country to do on this emergency whatever we should deem

essential to its happiness. The states sent us here to provide for the

exigencies of the union. To rely on and propose any plan not adequate to

these exigencies merely because it was not clearly within our powers

would be to sacrifice the means to the end.”[543]

Outside the halls of the Convention it also became necessary to defend

this revolutionary departure from their instructions. Madison took up

the cause in _The Federalist_[544] and made out an unanswerable case for

his side, frankly pleading the justification of revolution if the legal

arguments which he advanced were deemed insufficient.

At the outset he is unwilling to admit that the Convention had broken

with its instructions and performed a revolutionary act. He,

accordingly, puts forward a legal and moral justification first, based

upon an analysis of the instructions of the delegates. They were bound,

he shows, to make such revisions in the Articles as would render them

adequate to the exigencies of the union; but an adequate government, he

pleads, could not be made by revising the Articles, and the Convention

was either compelled to sacrifice the greater for the less by strictly

obeying its instructions or to do its whole duty by sacrificing the

letter of the law. Then he clinches the argument: “Let them declare

whether it was of most importance to the happiness of the people of

America that the Articles of Confederation should be disregarded and an

adequate government be provided and the Union preserved; or that an

adequate government should be omitted and the Articles of Confederation

preserved.”

But Madison, after having paid his respects to Legality, hastens to add

that in all great changes in government “forms ought to give way to

substance.” A rigid adherence to mere technicalities “would render

nominal and nugatory the transcendent and precious right of the people

‘to abolish or alter their governments as to them shall seem most likely

to effect their safety and happiness.’” That is, the right of revolution

is, at bottom, the justification for all great political changes. If it

is argued that this right of revolution should not be exercised by a

small group of men, such as the Convention of fifty-odd delegates at

Philadelphia, Madison replies that it is impossible for the whole people

to move forward in concert, and “it is therefore essential that such

changes be instituted by some informal and unauthorized propositions

made by some patriotic and respectable citizen or number of citizens.”

This was the manner in which the recent revolt against England was

carried out; and in the present case the people had the right to pass

upon the work of the Philadelphia assembly.

The opponents of the Constitution were able to see the significance of

that clause of the Constitution which cast aside the legal system under

which they were living and provided that the new instrument should go

into effect when ratified by nine states—as between those states.

“Cornelius,” in Massachusetts, exhibited great anxiety on this point,

and in his letters of December 11 and 18, 1787, he asked concerning this

departure: “Will not the adoption of this constitution in the manner

here prescribed be justly considered as a perfidious violation of that

fundamental and solemn compact by which the United States hold an

existence and claim to be a people? If a nation may so easily discharge

itself from obligations to abide by its most solemn and fundamental

compacts, may it not with still greater ease do the same in matters of

less importance? And if nations may set the example, may not particular

states, citizens, and subjects follow? What then will become of public

and private faith? Where is the ground of allegiance that is due to

government? Are not the bonds of civil society dissolved? Or is

allegiance founded only in power? Has moral obligation no place in civil

government? In mutual compacts can one party be bound while the other is

free? Or, can one party disannul such compact, without the consent of

the other? If so, constitutions and national compacts are, I conceive,

of no avail; and oaths of allegiance must be preposterous things.”[545]

On all hands the “unconstitutional” procedure of the Convention was

attacked by the Anti-Federalists. “A system of consolidation,” says

another writer, “has been formed with the most profound secrecy and

without the least authority: And has been suddenly and without any

previous notice transmitted by the federal convention for

ratification—Congress not disposed to give any opinion on the plan, have

transmitted it to the legislatures—The legislatures have followed the

example and sent it to the people. The people of this state, unassisted

by Congress or their legislature, have not had time to investigate the

subject, have referred to the newspapers for information, have been

divided by contending writers, and under such circumstances have elected

members for the state convention—and these members are to consider

whether they will accept the plan of the federal convention, with all

its imperfections, and bind the people by a system of government, of the

nature and principles of which they have not at present a clearer idea

than they have of the Copernican system.”[546]

Whatever was thought of the merits of the controversy over the proposed

plan of ratification, it was accepted by the state legislatures which

were invited by Congress to transmit the Constitution to special

conventions. It remains to inquire, therefore, what methods were

employed in calling these conventions and setting the seal of approval

on the new and revolutionary proposals of the Philadelphia assembly.

The resolution calling the convention in New Hampshire to pass upon the

federal Constitution was adopted by the legislature on December 14,

1787. The time for holding the elections was left to the selectmen of

the several towns, who were instructed to warn the duly qualified voters

of the event. The date for the meeting of the convention was fixed on

the second Wednesday of February, 1788.[547] Four hundred copies of the

Constitution were ordered to be printed for distribution.

The elections seem to have been held about mid-January, for the New

Hampshire Spy, for January 25, 1788, contains a long list of delegates

already chosen, and adds that “several of the towns not mentioned in the

above list were to have had their meetings this week.”

A majority of the members of the state convention so chosen, writes a

student, who has inquired into the personnel of that body, “were

undoubtedly opposed to the Constitution.... The talent of the convention

was decidedly on the side of the Federalists and a majority of the

ablest members were in favor of ratification.... For a time the friends

of the Constitution had hopes of securing its ratification without a

recess of the convention. Although the greater number of the members

from the upper part of the state came down rather opposed to its

adoption, yet on the final question it was hoped that a majority would

be found to favor it. But these hopes proved delusive. While some of the

members who came to the convention instructed to vote against the

Constitution had been led by the discussions to a change of opinion and

now favored it, they still felt bound by their instructions, and frankly

said that if a final vote was to be taken before they had an opportunity

to consult their constituents their vote would be adverse to

ratification.”[548] Under these circumstances the Federalists adjourned

the convention and set to work to convert the enemy. When the convention

reassembled a few months later, they were able to carry the day by the

uncomfortably small margin of 57 to 47.[549]

In Massachusetts the Federalists lost no time in moving for a

convention. As early as October 20, 1787, they carried a favorable

resolution in the senate of the state, and secured the concurrence of

the house four days later. This resolve provided that the delegates

should be chosen by those inhabitants “qualified by law to vote in the

election of representatives,” and the elections should take place “as

soon as may be” in the several towns and districts. The date for the

meeting of the delegates was fixed as the second Wednesday in January

next. On January 9, 1788, the Convention met at Boston; and a real

battle of wits ensued.

As in New Hampshire, the delegates, when they came together fresh from

their constituents, appeared to be opposed to adopting the new

instrument of government. A careful scholar, who has studied the period

intensively, takes this view: “Had a vote been taken on the adoption of

the Constitution as soon as the convention assembled, there can be no

question but that it would have been overwhelmingly against the proposed

plan.”[550]

Even after powerful influences had been brought to bear, the margin for

the Federalists was uncomfortably close—187 to 168. Harding remarks:

“The majority in favor of ratification, it will be seen was only

nineteen. The nine delegates whose names were returned to the

convention, but who were not present when the vote was taken, might

almost have turned the scale in the other direction. Bearing in mind

that it was mainly the Antifederalist towns that were unrepresented, it

may be safely asserted that out of the forty-six delinquent corporations

there were enough which were Antifederalist to have procured the

rejection of the constitution. This calculation, however, is based on

the assumption that a corresponding increase did not take place in the

Federalist representation. Had all the towns entitled to send

representatives done so, and had all the delegates been present to cast

their votes, it is probable that the final result would not have been

changed, though the Federalist majority would have been cut down to

scarcely more than a bare half-dozen.”[551]

After turning over the debates in the Massachusetts convention, one can

scarcely escape the conclusion that the victory in eloquence, logic, and

pure argumentation lay on the side of the Federalists; and it would not

be worth while to consider at all the charges that improper influence

was brought to bear on the delegates, were it not for the fact that they

were made at the time and have lasted in the literature on the

ratification in Massachusetts. We have “the sober assertion of a

reputable historical writer within the last thirty years” to the effect

“that enough members of the Massachusetts convention were bought with

money from New York to secure the ratification of the new system by

Massachusetts.”[552] Harding, after making an examination of the

charges, dismissed them as “baseless”; and quite properly, for whoever

would convict men of such high standing in the community as King,

Gorham, and Strong of being associated with such a reprehensible

transaction should produce more than mere unsubstantiated evidence.

The legislature of Connecticut, determined not to be behindhand in

setting the approval of the state on the new instrument, called a

convention on October 11, 1787.[553] A month was given to the electors

to deliberate over the choice of delegates who were to decide the

momentous issue. The election was held on November 12; the convention

assembled on January 3, 1788; and after a few days’ discussion gave its

assent on January 9, 1788, by a vote of 128 to 40.[554]

In New York the voters were given more time than in Connecticut to

consider the new Constitution before they were called upon to settle the

question of ratification at the polls by choosing delegates to the state

convention. It was not until February 1, 1788, that the legislature of

that commonwealth issued the call for the special election to be held on

the last Tuesday of the following April.[555]

The contest in New York was hot from the start. Governor Clinton, in his

message to the legislature in January, 1788, did not mention the

Constitution—an omission which gave the Federalists some hope as they

had feared an executive attack. The resolution calling the state

convention passed the lower house by a narrow margin; and in the senate

a motion to postpone the matter was almost carried, receiving nine out

of nineteen votes.[556]

When, at length, the convention assembled, at least two-thirds of the

sixty-four members were found to be against ratification. Such is the

view of Bancroft, and the contemporary press bears out his

conclusion.[557] Nevertheless, by much eloquence and no little

manœuvring, the Federalist champions were able to obtain a majority of

30 to 27. The assent of the requisite number of opponents was secured

only after an agreement that a circular should be issued recommending

the call of another national convention at once to revise the

Constitution as adopted.

In pursuance of this agreement, the legislature at its next session, on

February 5, 1789, called upon Congress to summon another convention to

revise the new instrument of government at once. The address of the

legislature stated that the Constitution had been ratified “in the

fullest confidence of obtaining a revision of the said Constitution by a

general convention, and in confidence that certain powers in and by the

said Constitution granted would not be exercised until a convention

should have been called and convened for proposing amendments to the

said Constitution.” The legislature went on to say that it complied with

the unanimous sense of the state convention, “who all united in opinion

that such a revision was necessary to recommend the said Constitution to

the approbation and support of a numerous body of their constituents,

and a majority of the members of which conceived several articles of the

Constitution so exceptionable, that nothing but such confidence and an

invincible reluctance to separate from our sister states could have

prevailed upon a sufficient number to assent to it without stipulating

for previous amendments.”[558]

The commonwealth of New Jersey made haste to ratify the new Constitution

as soon as possible after its transmission by Congress. On November 1,

1787, the legislature issued the call for the convention, ordering the

inhabitants who were “entitled to vote for representatives in General

Assembly,” to elect delegates on the fourth Tuesday in the following

November, i.e., November 27. The date for the meeting of the convention

was fixed as the second Tuesday in December, the 11th, and on the 18th

day of that month, the members, “Having maturely deliberated on and

considered the aforesaid proposed Constitution,” unanimously agreed to

its adoption.[559]

The legislature of Delaware, influenced by “the sense and desire of

great numbers of the people of the state, signified in petitions to

their general assembly,” adopted a resolution on November 10, 1787,

calling for the election of delegates within a few days—that is on

November 26—for the state convention to pass upon the Constitution. The

convention met at Dover on December 3; and after four days’ deliberation

on the matter adopted the Constitution by unanimous vote on December 6,

1787.[560]

In Pennsylvania the proceedings connected with the ratification were

precipitous and narrowly escaped being irregular. Before it was known

that Congress would even transmit the Constitution to the states for

their consideration, George Clymer,[561] who had been a member of the

national Convention and was then serving in the Pennsylvania

legislature, “rose in his place and moved that a state convention of

deputies be called, that they meet at Philadelphia, and that they be

chosen in the same manner and on the same day as the members of the next

general assembly.”[562] In vain did the opponents urge that this was

irregular, that it was not known whether Congress would act favorably,

and that deliberation rather than haste should characterize such a

weighty procedure. The legislature, nevertheless, resolved to call the

convention, and adjourned until the afternoon, leaving the date of the

convention and manner of selecting delegates to be settled later. The

opposition thereupon decided to secure delay by staying away and

preventing the transaction of business for want of a quorum.

Meanwhile the news reached Philadelphia that Congress had sent the

Constitution to the states for their consideration. The Federalists in

the legislature, now having secured the sanction of regularity,

determined not to brook further delay, so they sent officers after some

of the recalcitrants, who thought “filibustering” justifiable in view of

the importance of securing more deliberation before acting. These

officers, ably assisted by a Federalist mob “broke into their lodgings,

seized them, dragged them through the streets to the State house, and

thrust them into the assembly room, with clothes torn and faces white

with rage. The quorum was now complete.”[563] The legislature (September

29) fixed the election of delegates to the state convention at a date

five weeks distant, November 6, 1787. Thus the people of the state were

given a little over a month to deliberate on this momentous issue before

selecting their agents to voice their will. Some Federalists, like Tench

Coxe, expressed regret at the necessity of adopting these high-handed

methods; but the stress was so great that it did not admit of delay.

After the convention assembled, the Federalists continued their

irregular practices, although from the vote on the Constitution in the

convention this latter manipulation seems to have been a work of

supererogation. Everything was done that could be done to keep the

public out of the affair. “Thomas Lloyd applied to the convention for

the place of assistant clerk. Lloyd was a shorthand writer of

considerable note, and when the convention refused his request,

determined to report the debates and print them on his own account. His

advertisement promised that the debates should be accurately taken in

shorthand and published in one volume octavo at the rate of one dollar

the hundred pages. These fine promises, however, were never fulfilled.

Only one thin volume ever came out, and that contains merely the

speeches of Wilson and a few of those of Thomas M’Kean. The reason is

not far to seek. He was bought up by the Federalists, and in order to

satisfy the public was suffered to publish one volume containing nothing

but speeches made by the two federal leaders.”[564] The Federalists

appear to have suppressed other attempts at issuing the debates, and

they “withdrew their subscriptions from every publication that warmly

supported the Antifederal cause.”[565] The Constitution was ratified by

a vote of 46 to 23.

Against these precipitous actions on the part of the Federalists in

carrying the ratification of the Constitution, a minority of the state

convention, twenty-one members, protested in an address to the people

after the day had been lost. The protestants told how the federal

Convention had been called by Congress, and then recited the facts as

they viewed them: “So hastily and eagerly did the states comply [with

the call of Congress for the Convention] that their legislatures,

without the slightest authority, without ever stopping to consult the

people, appointed delegates, and the conclave met at Philadelphia. To it

came a few men of character, some more noted for cunning than

patriotism, and some who had always been enemies to the independence of

America. The doors were shut, secrecy was enjoined, and what then took

place no man could tell. But it was well known that the sittings were

far from harmonious. Some left the dark conclave before the instrument

was framed. Some had the firmness to withhold their hands when it was

framed. But it came forth in spite of them, and was not many hours old

when the meaner tools of despotism were carrying petitions about for the

people to sign praying the legislature to call a convention to consider

it. The convention was called by a legislature made up in part of

members who had been dragged to their seats and kept there against their

wills, and so early a day was set for the election of delegates that

many a voter did not know of it until it was passed. Others kept away

from the polls because they were ignorant of the new plan; some because

they disliked it, and some because they did not think the convention

legally called. Of the seventy thousand freemen entitled to vote but

thirteen thousand voted.”[566] For a long time the war of the dissenters

against the Constitution went on in Pennsylvania, breaking out in

occasional riots, and finally in the Whiskey Rebellion in Washington’s

administration; but they were at length beaten, outgeneralled, and

outclassed in all the arts of political management.

In November, 1787, the Maryland legislature, after hearing Luther

Martin’s masterly indictment of the Constitution and McHenry’s effective

reply, “unanimously ordered a convention of the people of the state; it

copied the example set by Virginia of leaving the door open for

amendments; and by a majority of one the day for the choice and the day

for the meeting of its convention were postponed till the next

April.”[567] Several months were thus given for deliberation, in marked

contrast to the speedy despatch of the business in Delaware, New Jersey,

Connecticut, Pennsylvania, and Massachusetts. The elections were duly

held on the first Monday in April, 1788; and the convention assembled on

April 21. The opponents of the Constitution, Chase, Mercer, and Martin,

hurled themselves against it with all their might; but, it is related,

“the friends to the federal government ‘remained inflexibly

silent.’”[568] After a week’s sessions, “the malcontents having tired

themselves out,” the convention ratified the Constitution by a vote of

sixty-three against eleven on the afternoon of Saturday, April 26. The

instrument was formally sealed on the 28th.

The legislature of Virginia, by a resolution passed on October 25, 1787,

and a law enacted on December 12th, called a convention to be elected in

March, 1788, and to assemble on June 2, 1788.[569] In no state were the

forces for and against the Constitution more ably marshalled and led. In

no state was there higher order of debate in the convention than took

place in Virginia, the birthplace of the Constitution. It was a

magnificent battle of talents that was waged during those June days,

from the 2nd until the 25th. Then “the roll was called; and from the

cities of Richmond and Williamsburg, from the counties near the ocean,

from the northern neck, and from the counties between the Blue Ridge and

the Alleghanies, eighty-nine delegates voted for the Constitution. From

the other central and southern border counties of Kentucky, seventy-nine

cried No.” The margin of victory was small, but it was safe.

North Carolina was recalcitrant. The call for the convention was issued

by the legislature on December 6, 1787;[570] the election was held on

the last Friday and Saturday of March, 1788; and the convention

assembled on July 21, 1788. In this body “the Antifederalists obtained a

large majority. They permitted the whole subject to be debated until the

2d of August; still it had been manifested from the first that they

would not allow of an unconditional ratification.” On that day the

convention deferred the ratification of the Constitution by a vote of

184 to 84,[571] and adjourned _sine die_. The new federal government was

inaugurated without North Carolina; but the economic pressure which it

brought to bear on that state, combined with the influence of eminent

Federalists (including Washington), and the introduction of

constitutional amendments in Congress, brought her into the union on

November 21, 1789.[572]

South Carolina was one of the most deliberative of all the states, for

it was not until January 18, 1788, that the legislature by unanimous

resolution called a convention which was elected in April, and organized

in Charleston, on May 13 of that year. The discussion there was

evidently of a high order. Those who participated in it took first rank

in the commonwealth, and the defenders of the new system put forth

efforts worthy of the distinguished forensic leaders of the Charleston

bar. The opponents exhausted the armory of their arguments, and seeing

the tide running against them, they sought an adjournment of five months

for further deliberation; but a motion to this effect was lost by a vote

of 89 to 135. Finally at five o’clock on the tenth day of the sessions,

May 23, the Constitution was carried by a large majority—149 to 73.[573]

The legislature of Georgia, on October 26, 1787, called for a state

convention to be chosen “in the same manner as representatives are

elected,” at the next General Election, held on the first Tuesday in

December, _i.e._, December 4, 1787. The convention was duly chosen, and

met at Augusta on December 25; and after “having taken into serious

consideration the said constitution” for four or five days, solemnly

ratified the instrument on January 2, 1788.[574]

Rhode Island was the last of the thirteen states to accept the

Constitution. She had refused to send delegates to the federal

Convention; and the triumphant paper money party there would have none

of the efficiency promised by the new system. It was not until May 29,

1790, that Rhode Island ratified the Constitution, and this action was

brought about by the immediate prospect of coercion on the part of the

government of the United States,[575] combined with the threat of the

city of Providence to join with the other towns which were Federalist in

opinion, in a movement to secede from the state and seek the protection

of the federal government.[576] Without these material considerations

pressing upon them, the agrarians of that commonwealth would have

delayed ratification indefinitely; but they could not contend against a

great nation and a domestic insurrection.

A survey of the facts here presented yields several important

generalizations:

Two states, Rhode Island and North Carolina refused to ratify the

Constitution until after the establishment of the new government which

set in train powerful economic forces against them in their isolation.

In three states, New Hampshire, New York, and Massachusetts, the popular

vote as measured by the election of delegates to the conventions was

adverse to the Constitution; and ratification was secured by the

conversion of opponents and often the repudiation of their tacit (and in

some cases express) instructions.

In Virginia the popular vote was doubtful.

In the four states which ratified the constitution with facility,

Connecticut, New Jersey, Georgia, and Delaware, only four or five weeks

were allowed to elapse before the legislatures acted, and four or five

weeks more before the elections to the conventions were called; and

about an equal period between the elections and the meeting of the

conventions. This facility of action may have been due to the general

sentiment in favor of the Constitution; or the rapidity of action may

account for the slight development of the opposition.

In two commonwealths, Maryland and South Carolina, deliberation and

delays in the election and the assembling of the conventions resulted in

an undoubted majority in favor of the new instrument; but for the latter

state the popular vote has never been figured out.[577]

In one of the states, Pennsylvania, the proceedings connected with the

ratification of the Constitution were conducted with unseemly haste.

An economic interpretation of the Constitution of the United States · 第 9 / 13 章