CHAPTER IX

THE POPULAR VOTE ON THE CONSTITUTION

In the adoption of the Constitution, says James Wilson, we have the

gratifying spectacle of “a whole people exercising its first and

greatest power—performing an act of sovereignty original and

unlimited.”[578] Without questioning the statement that for juristic

purposes the Constitution may be viewed as an expression of the will of

the whole people, a historical view of the matter requires an analysis

of “the people” into its constituent elements. In other words, how many

of “the people” favored the adoption of the Constitution, and how many

opposed it?

At the very outset, it is necessary to recall that the question whether

a constitutional Convention should be held was not submitted to popular

vote, and that it was not specially passed upon by the electors in

choosing the members of the legislatures which selected the

delegates.[579]

In the second place, the Constitution was not submitted to popular

ratification. The referendum was not unknown at that time, but it was

not a fixed principle of American politics.[580] At all events, such a

procedure does not seem to have crossed the minds of the members of the

Convention, and long afterward, Marshall stated that ratification by

state conventions was the only mode conceivable.[581] In view of the

fact that there was no direct popular vote taken on the Constitution, it

is therefore impossible to ascertain the exact number of “the people”

who favored its adoption.

The voters, who took part in the selection of delegates to the ratifying

conventions in the states, may be considered as having been divided into

four elements: those who were consciously in favor of the Constitution,

those who were just as consciously against it, those who were willing to

leave the matter to the discretion of their elected representatives, and

those who voted blindly.

The proportions which these four groups bear to one another cannot be

determined, but certain facts may be brought out which will throw light

on the great question: How many of the people favored the adoption of

the Constitution?

The first fact to be noted in this examination is that a considerable

proportion of the adult white male population was debarred from

participating in the elections of delegates to the ratifying state

conventions by the prevailing property qualifications on the suffrage.

The determination of these suffrage qualifications was left to the state

legislatures; and in general they adopted the property restrictions

already imposed on voters for members of the lower branch of the state

legislatures.

In New Hampshire the duly qualified voters for members of the lower

house were authorized to vote for members of the convention, and those

Tories and sympathizers with Great Britain who were excluded by law were

also admitted for this special election.[582] In Massachusetts the

voters were those “qualified by law to vote in the election of

representatives.”[583] In Connecticut, those “qualified by law to vote

in town meetings” were enfranchised.[584] In New Jersey, those who were

“entitled to vote for representatives in general assembly;”[585] and in

Delaware, those “qualified by law to vote for Representatives to the

General Assembly”[586] were empowered to vote for delegates to their

respective conventions. In Pennsylvania, voters for members of the

assembly selected the delegates to the convention.[587] In Maryland,

voters for members of the lower house;[588] in Virginia, those

possessing the “qualifications now established by law;”[589] in North

Carolina, those entitled to vote for members of the House of

Commons;[590] in South Carolina, those voting for members of the lower

house; and in Georgia, those voting for members of the legislature (one

branch) were admitted to participation in the election of delegates to

their respective state conventions.[591]

In New York alone was the straight principle of manhood suffrage adopted

in the election of delegates to the ratifying convention. Libby seems

inclined to hold that this exception was made by the landed aristocracy

in the state legislature because it was opposed to the Constitution and

wished to use its semi-servile tenants in the elections; but this

problem has not yet been worked out, and any final conclusion as to the

“politics” of this move is at present mere guesswork.[592]

It is impossible to say just what proportion of the adult males

twenty-one years of age was disfranchised by these qualifications. When

it is remembered that only about 3 per cent of the population dwelt in

towns of over 8000 inhabitants in 1790, and that freeholds were widely

distributed, especially in New England, it will become apparent that

nothing like the same proportion was disfranchised as would be to-day

under similar qualifications. Dr. Jameson estimates that probably

one-fifth of the adult males were shut out in Massachusetts,[593] and it

would probably be safe to say that nowhere were more than one-third of

the adult males disfranchised by the property qualifications.

Far more were disfranchised through apathy and lack of understanding of

the significance of politics. It is a noteworthy fact that only a small

proportion of the population entitled to vote took the trouble to go to

the polls until the hot political contests of the Jeffersonian era.

Where voting was _viva voce_ at the town hall or the county seat, the

journey to the polls and the delays at elections were very troublesome.

At an election in Connecticut in 1775, only 3477 voters took part, out

of a population of nearly 200,000, of whom 40,797 were males over twenty

years of age. How many were disfranchised by the property qualifications

and how many stayed away through indifference cannot be shown.[594]

Dr. Jameson, by most ingenious calculations, reaches the conclusion that

in Massachusetts about 55,000 men in round numbers or about 16 or 17 per

cent of the population were entitled to vote under the law. Assuming

that 16 per cent were entitled to vote, he inquires into the number who

actually exercised the franchise in the years from 1780 to 1790 in

elections for governor; and his inquiry yields some remarkable results.

To give his conclusions in his own words: “Something like three per cent

[of the population, or about one-fifth or one-sixth of those entitled to

vote] took part in the first election in the autumn of 1780. During the

next six years the figures remain at about two per cent only. In 1784,

only 7631 votes were cast in the whole state; in the spring of 1786 only

a little over eight thousand. Then came Shays’ Rebellion and the

political excitement of that winter brings up the votes in the spring

election of ‘87 to a figure nearly three times as high as in ’86, and

amounting to something between five and six per cent of the population.

The political discussions of the next two winters respecting the new

federal government keep the figure up to five per cent. Then it drops to

something between three and four and there it remains until 1794.”[595]

For the purposes of a fine analysis of the economic forces in the

ratifying process, it would be of the highest value to have the vote on

delegates to the state conventions in each town and county throughout

the whole country; but unfortunately no such figures are compiled and

much of the original materials upon which the statistical tables could

be based have doubtless disappeared.[596] Even such tables would be

unsatisfactory because in several instances there were no contests and

the issue of adoption or rejection of the Constitution was not squarely

put before the voters.

In a few instances, however, the number of voters participating in the

election of delegates to the state conventions has come down to us. In

Boston, for example, where the fight was rather warm, and some 2700 men

were entitled to vote, only 760 electors turned out to pass upon the

momentous issue of the national Constitution—about half as many as voted

in the next gubernatorial election.[597]

The treatises on the Constitution do not give any figures on the popular

vote for delegates to the state convention in New York, but the

following partial list taken from contemporary papers shows that in some

of the counties the vote ran to almost 10 per cent of the population,

while in others the percentage of the electorate participating (even

under the universal manhood suffrage provision) was about that in

Massachusetts, namely, 5 per cent. It will be noted also that the

distribution of representation in the convention was grossly unequal and

decidedly unfavorable to the Anti-Federalists. The classification into

Federalist and Anti-Federalist is based upon the election returns as

reported in the contemporary press, not on the vote in the state

ratifying convention.

FEDERALIST

═══════════════╤══════════╤══════════╤══════════╤══════════╤══════════

│ │ │ │ │ RATIO OF

│ │ HIGHEST │ HIGHEST │DELEGATES │DELEGATES

│POPULATION│FEDERALIST│ANTI-FEDERALIST│ IN │ TO

│ 1790 │ VOTE │ VOTE │CONVENTION[598]│POPULATION

───────────────┼──────────┼──────────┼──────────┼──────────┬────┴─────

New York County│ 33,131│ 2735[599]│ 134│ 9│ 3,681

Westchester │ 23,941│ 694[600]│ 399│ 6│ 3,990

Queens[601] │ 16,014│ │ │ 4│ 4,003

Kings │ 4,495│ │ │ 2│ 2,247

Richmond │ 3,835│ │ │ 2│ 1,917

───────────────┼──────────┼──────────┼──────────┼──────────┼──────────

│ │ │ │ 23│

═══════════════╧══════════╧══════════╧══════════╧══════════╧══════════

Footnote 598:

Elliot, _Debates_, Vol. II, p. 206.

Footnote 599:

Daily Advertiser, May 30, 1788.

Footnote 600:

_Ibid._, June 3.

Footnote 601:

Queens vote was divided in the Convention.

ANTI-FEDERALIST

═══════════════╤══════════╤══════════╤══════════╤══════════╤══════════

│ │ │ │ │ RATIO OF

│ │ HIGHEST │ HIGHEST │DELEGATES │DELEGATES

│POPULATION│FEDERALIST│ANTI-FEDERALIST│ IN │ TO

│ 1790 │ VOTE │ VOTE │CONVENTION│POPULATION

───────────────┼──────────┼──────────┼──────────┼──────────┼──────────

Albany │ 75,921│ 2627[602]│ 4681│ 7│ 10,845

Ulster │ 29,397│ 68[603]│ 1372│ 6│ 4,899

Dutchess │ 45,266│ 892[604]│ 1765│ 7│ 6,466

Orange │ 18,478│ │ 340[605]│ 4│ 4,619

Columbia │ 27,732│ 1498[606]│ 1863│ 3│ 9,244

Montgomery │ 28,839│ 811[607]│ 1209│ 6│ 4,806

Suffolk │ 16,440│ │ │ 5│ 3,288

Washington[608]│ 15,647│ │ │ 4│ 3,911

───────────────┼──────────┼──────────┼──────────┼──────────┼──────────

│ │ │ │ 41│

═══════════════╧══════════╧══════════╧══════════╧══════════╧══════════

Footnote 602:

Daily Advertiser, June 4.

Footnote 603:

_Ibid._, June 4.

Footnote 604:

_Ibid._, June 6.

Footnote 605:

_Ibid._, June 14.

Footnote 606:

New York Journal, June 5, 1788.

Footnote 607:

_Ibid._, June 5.

Several conclusions are obvious from this table. Measured by the popular

vote, New York was overwhelmingly against the ratification of the

Constitution. With the apportionment of representation against them, the

Anti-Federalists elected nearly twice as many delegates as the

Federalists. The popular vote in favor of ratification was largely

confined to the urban centres of New York City and Albany City, thus

correcting assumptions based on the convention vote alone.

But with this decided popular vote against them the Federalists were

able to carry through their program by a narrow margin of thirty to

twenty-seven. Why did so many Anti-Federalists whose popular mandate was

clear and unmistakable, for there was a definite fight at the polls on

the issue, go over to their enemies? Three Anti-Federalist members, who

did go over and carry the day for the Federalists, John DeWitt, John

Smith, and Melancton Smith, later appeared as holders of public

securities;[609] but this does not explain the event.[610]

In Pennsylvania, the vote on the election of delegates to ratify the

Constitution was apparently very slight. The dissenting minority in

their famous manifesto declared: “The election for members of the

convention was held at so early a period and the want of information was

so great that some of us did not know of it until after it was over....

We apprehend that no change can take place that will affect the internal

government or constitution of this commonwealth unless a majority of the

people should evidence a wish for such a change; but on examining the

number of votes given for members of the present State convention, we

find that of upwards of seventy thousand freemen who are entitled to

vote in Pennsylvania, the whole convention has been elected by about

thirteen thousand voters, and though two-thirds of the members of the

convention have thought proper to ratify the proposed Constitution, yet

those two-thirds were elected by the votes of only six thousand and

eight hundred freemen.”[611] Though the partisan source of these figures

might lead one to question their accuracy, nevertheless it is hardly

probable that they would have greatly exaggerated figures that were open

to all.

Philadelphia was the scene of perhaps the hottest contest over the

election of delegates that occurred anywhere. The city had at that time

a population of about 28,000 inhabitants. At the election, the candidate

who stood the highest at the polls, George Latimer, received 1215 votes

while his leading opponent received only 235 votes.[612] Thus a total of

1450 votes was cast in the election—about 5 per cent of the population.

The total population of the state in 1790 was 434,373, and allowing for

the difficulty of journeying to the polls in the rural districts, it

seems that the estimate of the dissenters was probably not far from

correct.

It appears that in Baltimore 1347 voters participated in the election of

representatives from that city. McHenry at the head of the poll received

962 votes and it was known that he favored unconditional ratification of

the Constitution. His leading opponent received 385 votes.[613] This

vote was taken after a considerable demonstration, for a newspaper

report says that “On the same day, the ship builders, the tradesmen

concerned in navigation, the merchants, the manufacturers and several

thousand inhabitants walked in procession through the different streets

of the town.” Baltimore had at that time a population of 13,000 so that

a very large proportion of the adult males took part in the election.

Further light is thrown on the vote in Maryland by an opponent of

ratification in a long paper printed in the Maryland Journal of May 16,

1788, signed “Republican.” The author, says Steiner, “asserts that the

‘common class’ of people knew little of the Constitution. The two

thousand copies of that document printed by order of the Assembly were

too few to go far. The Annapolis paper is of small circulation, and the

two Baltimore ones are never seen on the Eastern Shore, while the severe

weather during the past winter prevented any newspapers from being sent

over thither. Of the 25,000 voters in the state, only 6000 voted at the

election and 4,000 of these votes were cast in Baltimore town and seven

of the counties. The rich and wealthy worked for the Constitution to

prevent the loss of their debts, and in some counties the opposition had

named no candidates.”[614]

In South Carolina, the distribution of representation in the convention

was such as to give a decided preponderance to the personalty districts

along the seaboard. The convention of 1788 was composed of approximately

twice the number of the house of representatives in 1794 and the

apportionment was similar in character. In the latter year, R. G.

Harper, under the pen-name of “Appius” pointed out the great disparity

in the weight of the upper and lower districts in the legislature: “The

lower country, including the three districts of Charleston, Beaufort,

and Georgetown [which were strongly in favor of ratification of the

Constitution], contains 28,694 white inhabitants, and it elects seventy

representatives and twenty senators. Divide 149,596, the whole number in

the state, by 28,694, those of the lower country, and the result will be

more than five, from whence it appears, that a large majority of both

branches of the legislature is elected by less than one-fifth of the

people.”[615] The upper district [largely Anti-Federal], on the other

hand, contained 120,902 white inhabitants, and sent only fifty-four

members to the house of representatives. On this basis, the

seventy-three votes cast in the convention against ratification may in

fact have represented a majority of the white inhabitants and voters in

the state.[616]

While one hesitates to generalize about the vote cast in favor of the

Constitution on the basis of the fragmentary evidence available, it

seems worth while, nevertheless, to put together several related facts

bearing on the matter.

In addition to the conclusion, brought out by Dr. Jameson, that about 5

per cent of the population voted in Massachusetts in the period under

consideration, we have other valuable data. Dr. Paullin has shown that

the electoral vote in the presidential election of 1788 in New Hampshire

was 2.8 per cent of the free population; that the vote in Madison’s

electoral district in Virginia in the same election was 2.7 per cent of

the white population; that the vote in the first congressional election

in Maryland was 3.6 per cent of the white population and that the vote

in the same congressional election in Massachusetts was 3 per cent.[617]

Speaking of the exercise of the franchise as a whole in the period, Dr.

Paullin says, “The voting was done chiefly by a small minority of

interested property holders, a disproportionate share of whom in the

northern states resided in the towns, and the wealthier and more

talented of whom like a closed corporation controlled politics.”

In view of these figures, in view of the data given above on the

election of delegates (to the ratifying conventions) in the cities of

Boston, Philadelphia, and Baltimore, in view of the fact that the

percentage participating in the country was smaller than in the towns,

and in view of the fact that only 3 per cent of the population resided

in cities of over 8000, it seems a safe guess to say that not more than

5 per cent of the population in general, or in round numbers, 160,000

voters, expressed an opinion one way or another on the Constitution. In

other words, it is highly probable that not more than one-fourth or

one-fifth of the adult white males took part in the election of

delegates to the state conventions. If anything, this estimate is high.

Now in four of the states, New Hampshire, Massachusetts, New York, and

Virginia, the conventions at the time of their election were either

opposed to the ratification of the Constitution or so closely divided

that it was hard to tell which way the final vote would go. These four

states, with Rhode Island and North Carolina,[618] which were at first

against ratification, possessed about three-fifths of the population—in

round numbers 1,900,000 out of 3,200,000 free persons. Of the 1,900,000

population in these states we may, with justice it seems, set off at

least 900,000, that is, 45,000 voters as representing the opposition.

Add to these the voters in Pennsylvania who opposed the ratification of

the Constitution, approximately 6000, and we have 51,000 dissenting

voters, against ratification. Adding the dissenters in Maryland, South

Carolina,[619] and Connecticut, and taking the other states as

unanimous, we may reasonably conjecture that of the estimated 160,000

who voted in the election of delegates, not more than 100,000 men

favored the adoption of the Constitution at the time it was put into

effect—about one in six of the adult males.

Admitting that these figures are rough guesses, it appears,

nevertheless, that the Constitution was not “an expression of the clear

and deliberate will of the whole people,” nor of a majority of the adult

males, nor at the outside of one-fifth of them.

Indeed, it may very well be that a majority of those who voted were

against the adoption of the Constitution as it then stood. Such a

conjecture can be based on the frank statement of no less an authority

than the great Chief Justice Marshall who took a prominent part in the

movement which led to the formation and ratification of the new

instrument of government.[620]

At all events, the disfranchisement of the masses through property

qualifications and ignorance and apathy contributed largely to the

facility with which the personalty-interest representatives carried the

day. The latter were alert everywhere, for they knew, not as a matter of

theory, but as a practical matter of dollars and cents, the value of the

new Constitution. They were well informed. They were conscious of the

identity of their interests. They were well organized. They knew for

weeks in advance, even before the Constitution was sent to the states

for ratification, what the real nature of the contest was. They resided

for the most part in the towns, or the more thickly populated areas, and

they could marshall their forces quickly and effectively. They had also

the advantage of appealing to all discontented persons who exist in

large numbers in every society and are ever anxious for betterment

through some change in political machinery.

Talent, wealth, and professional abilities were, generally speaking, on

the side of the Constitutionalists. The money to be spent in the

campaign of education was on their side also; and it was spent in

considerable sums for pamphleteering, organizing parades and

demonstrations, and engaging the interest of the press. A small

percentage of the enormous gain to come through the appreciation of

securities alone would have financed no mean campaign for those days.

The opposition on the other hand suffered from the difficulties

connected with getting a backwoods vote out to the town and county

elections. This involved sometimes long journeys in bad weather, for it

will be remembered that the elections were held in the late fall and

winter. There were no such immediate personal gains to be made through

the defeat of the Constitution, as were to be made by the security

holders on the other side. It was true the debtors knew that they would

probably have to settle their accounts in full and the small farmers

were aware that taxes would have to be paid to discharge the national

debt if the Constitution was adopted; and the debtors everywhere waged

war against the Constitution—of this there is plenty of evidence.[621]

But they had no money to carry on their campaign; they were poor and

uninfluential—the strongest battalions were not on their side. The

wonder is that they came so near defeating the Constitution at the

polls.

An economic interpretation of the Constitution of the United States · 第 10 / 13 章