CHAPTER XI

THE ECONOMIC CONFLICT OVER RATIFICATION AS VIEWED BY CONTEMPORARIES

Having discovered the nature of the social conflict connected with the

formation and adoption of the Constitution, and having shown the

probable proportion of the people who participated in the conflict and

the several group interests into which they fell, it is interesting,

though not fundamentally important, to inquire whether the leading

thinkers of the time observed the nature of the antagonisms present in

the process. A full statement of the results of such an inquiry would

require far more space than is at command in this volume; and

consequently only a few illustrative and representative opinions can be

given.

No one can pore for weeks over the letters, newspapers, and pamphlets of

the years 1787–1789 without coming to the conclusion that there was a

deep-seated conflict between a popular party based on paper money and

agrarian interests, and a conservative party centred in the towns and

resting on financial, mercantile, and personal property interests

generally. It is true that much of the fulmination in pamphlets was

concerned with controversies over various features of the Constitution;

but those writers who went to the bottom of matters, such as the authors

of _The Federalist_, and the more serious Anti-Federalists, gave careful

attention to the basic elements in the struggle as well as to the

incidental controversial details.

The superficiality of many of the ostensible reasons put forth by the

opponents of the Constitution was penetrated by Madison. Writing to

Jefferson, in October, 1788, he says: “The little pamphlet herewith

inclosed will give you a collective view of the alterations which have

been proposed by the State Conventions for the new Constitution. Various

and numerous as they appear, they certainly omit many of the true

grounds of opposition. The articles relating to Treaties, to paper

money, and to contracts, created more enemies than all the errors in the

system, positive and negative, put together.”[689]

Naturally the more circumspect of the pamphleteers who lent their

support to the new system were careful about a too precise alignment of

forces, for their strength often lay in the conciliation of opponents

rather than in exciting a more deep-seated antagonism. But even in such

conciliatory publications the material advantages to be expected from

the adoption of the Constitution are constantly put forward.

Take, for example, this extract from a mollifying “Address to the

Freemen of America” issued while the Convention was in the midst of its

deliberations: “Let the public creditor, who lent his money to his

country, and the soldier and citizen who yielded their services, come

forward next and contribute their aid to establish an effective federal

government. It is from the united power and resources of America only

that they can expect permanent and substantial justice.... Let the

citizens of America who inhabit the western counties of our states fly

to a federal power for protection [against the Indians].... Let the

farmer who groans beneath the weight of direct taxation seek relief from

a government whose extensive jurisdiction will enable it to extract the

resources of our country by means of imposts and customs. Let the

merchant, who complains of the restrictions and exclusions imposed upon

his vessels by foreign nations, unite his influence in establishing a

power that shall retaliate those injuries and insure him success in his

honest pursuits by a general system of commercial regulations. Let the

manufacturer and mechanic, who are everywhere languishing for want of

employment, direct their eyes to an assembly of the states. It will be

in their power only to encourage such arts and manufactures as are

essential to the prosperity of our country.”[690]

It is in the literature of the contest in the states where the battle

over ratification was hottest that we find the most frank recognition of

the fact that one class of property interests was in conflict with

another. This recognition appears not so much in attacks on opponents as

in appeals to the groups which have the most at stake in the outcome of

the struggle, although virulent abuse of debtors and paper money

advocates is quite common. Merchants, money lenders, public creditors

are constantly urged to support the Constitution on the ground that

their economic security depends upon the establishment of the new

national government.

Perhaps the spirit of the battle over ratification is best reflected in

the creed ironically attributed to each of the contending parties by its

opponents. The recipe for an Anti-Federalist essay which indicates in a

very concise way the class-bias that actuated the opponents of the

Constitution, ran in this manner: “Wellborn, nine times—Aristocracy,

eighteen times—Liberty of the Press, thirteen times repeated—Liberty of

Conscience, once—Negro slavery, once mentioned—Trial by jury, seven

times—Great Men, six times repeated—Mr. Wilson, forty times....—put them

altogether and dish them up at pleasure.”[691]

To this sarcastic statement of their doctrines, the Anti-Federalists

replied by formulating the “Political Creed of Every Federalist” as

follows: “I believe in the infallibility, all-sufficient wisdom, and

infinite goodness of the late convention; or in other words, I believe

that some men are of so perfect a nature that it is absolutely

impossible for them to commit errors or design villainy. I believe that

the great body of the people are incapable of judging in their nearest

concerns, and that, therefore, they ought to be guided by the opinions

of their superiors.... I believe that aristocracy is the best form of

government.... I believe that trial by jury and the freedom of the press

ought to be exploded from every wise government.... I believe that the

new constitution will prove the bulwark of liberty—the balm of

misery—the essence of justice—and the astonishment of all mankind. In

short, I believe that it is the best form of government which has ever

been offered to the world. I believe that to speak, write, read, think,

or hear any thing against the proposed government is damnable heresy,

execrable rebellion, and high treason against the sovereign majesty of

the convention—And lastly I believe that every person who differs from

me in belief is an infernal villain. AMEN.”[692]

MARSHALL’S ANALYSIS OF THE CONFLICT

It must not be thought that this antagonism of economic interests which,

in the language of controversy, frequently took on the form of a war

between “aristocracy” and “democracy” was observed only by partisans

whose views were distorted by the heat of battle. On the contrary, it

was understood by the keenest thinkers—in fact, one may say that the

more profound the wisdom of the observer, the clearer was his

comprehension of the issues at stake. Next to Madison, whose concept of

the Constitution-making process has already been fully discussed,[693]

John Marshall probably understood best the nature of the new instrument,

the social forces which produced it, and the great objects it was

designed to accomplish. In speaking from the bench, as Chief Justice, he

used, of course, the language of jurisprudence and spoke of the

Constitution as a creation of the whole people.[694] But as a historian

of great acumen, in which capacity he was not hampered by the

traditional language of the bench and bar, Marshall sketched with

unerring hand the economic conflict which led to the adoption of the

Constitution, and impressed itself upon the nature of that instrument.

In his masterly _Life of Washington_, he sets forth this conflict in

unmistakable terms:

1. In the first place, the mercantile interest was sorely tried under

the Articles of Confederation. There “was a general discontent with the

course of trade. It had commenced with the native merchants of the north

who found themselves incapable of contending in their own ports with

foreigners; and was soon communicated to others. The gazettes of Boston

contained some very animated and angry addresses which produced

resolutions for the government of the citizens of that town,

applications to their state legislature, a petition to congress, and a

circular letter to the merchants of the several sea ports throughout the

United States.... The merchants of the city of Philadelphia presented a

memorial to the legislature of that state, in which, after lamenting it

as a fundamental defect in the constitution that full and entire power

over the commerce of the United States had not been originally vested in

Congress ... they prayed that the legislature would endeavour to procure

from Congress a recommendation to the several states to vest in that

body the necessary powers over the commerce of the United States.”[695]

2. The public creditors had lost faith in the old government. “That the

debt of the United States should have greatly depreciated will excite no

surprise when it is recollected that the government of the Union

possessed no funds, and without the assent of jealous and independent

sovereigns could acquire none to pay the accruing interest; but the

depreciation of the debt due from those states, which made an annual and

adequate provision for the interest, can be ascribed only to a want of

confidence in the governments which were controlled by no fixed

principles; and it is therefore not entirely unworthy of attention. In

many of those states which had repelled every attempt to introduce into

circulation a depreciated medium of commerce or to defeat the annual

provision of funds for the payment of the interest, the debt sunk in

value to ten, five, and even less than four shillings in the pound.

However unexceptionable might be the conduct of the existing

legislature, the hazard from those which were to follow was too great to

be encountered without an immense premium.”

3. A profound division ensued throughout the United States based on

different views of the rights of property. “At length,” continues

Marshall, “two great parties were formed in every state which were

distinctly marked and which pursued distinct objects with systematic

arrangement. The one struggled with unabated zeal for the exact

observance of public and private engagements. By those belonging to it,

the faith of a nation or of a private man was deemed a sacred pledge,

the violation of which was equally forbidden by the principles of moral

justice and of sound policy. The distresses of individuals were, they

thought, to be alleviated only by industry and frugality, not by a

relaxation of the laws or by a sacrifice of the rights of others. They

were consequently the uniform friends of a regular administration of

justice, and of a vigorous course of taxation which would enable the

state to comply with its engagements. By a natural association of ideas,

they were also, with very few exceptions, in favor of enlarging the

powers of the federal government....

“The other party marked out for themselves a more indulgent course.

Viewing with extreme tenderness the case of the debtor, their efforts

were unceasingly directed to his relief. To exact a faithful compliance

with contracts was, in their opinion, a harsh measure which the people

would not bear. They were uniformly in favor of relaxing the

administration of justice, of affording facilities for the payment of

debts, or of suspending their collection, and of remitting taxes. The

same course of opinion led them to resist every attempt to transfer from

their own hands into those of congress powers which by others were

deemed essential to the preservation of the union. In many of these

states, the party last mentioned constituted a decided majority of the

people, and in all of them it was very powerful. The emission of paper

money, the delay of legal proceedings, and the suspension of the

collection of taxes were the fruits of their rule wherever they were

completely predominant.... Throughout the union, a contest between these

parties was periodically revived; and the public mind was perpetually

agitated with hopes and fears on subjects which essentially affected the

fortunes of a considerable proportion of society.”

4. Finally, so sharp was this division into two parties on the lines of

divergent views of property rights, that the Constitution, far from

proceeding from “the whole people,” barely escaped defeat altogether. So

positive is this statement by the great Chief Justice and so decidedly

does it contradict his juristic theory of the nature of the supreme law

that the two should be studied together. For this reason, the two views

enunciated by Marshall are printed in parallel columns:

“So balanced were the parties in “The government [of the United

some of them [the states] that States] proceeds directly from

even after the subject had been the people; it is ‘ordained and

discussed for a considerable time, established’ in the name of the

the fate of the constitution people; and it is declared to be

could scarcely be conjectured; ordained ‘in order to form a more

and so small in many instances, perfect union, establish justice,

was the majority in its favor, insure domestic tranquillity, and

as to afford strong ground secure the blessings of liberty’

for the opinion that, had the to themselves and to their

influence of character been posterity.... The government of

removed, the intrinsic merits of the Union then (whatever may be

the instrument would not have the influence of this fact on the

secured its adoption. Indeed it case) is, emphatically and truly,

is scarcely to be doubted that a government of the people. In

in some of the adopting states a form and substance it emanates

majority of the people were in from them. Its powers are granted

the opposition. In all of them, by them and are to be exercised

the numerous amendments which directly on them and for their

were proposed demonstrate the benefit.... It is the government

reluctance with which the new of all; its powers are delegated

government was accepted; and that by all; it represents all, and

a dread of dismemberment, not an acts for all.” Marshall, in

approbation of the particular McCulloch _vs._ Maryland (4

system under consideration, had Wheaton, 316), in 1819.

induced an acquiescence in it....

North Carolina and Rhode Island

did not at first accept the

constitution, and New York was

apparently dragged into it by a

repugnance to being excluded from

the confederacy.” Marshall, in his

_Life of Washington_, written

in 1804–07.

THE CONFLICT IN THE STATES

Turning aside from these more general observations on the nature of the

conflict over the ratification of the Constitution, let us now take up

the struggle in the several states and examine the views entertained by

some of the representative participants in it.

_New Hampshire._—That New Hampshire was rather sharply divided into an

“aristocratic” and a “country” party at the period of the adoption of

the Constitution was remarked by an observing Frenchman;[696] and the

New Hampshire Spy, published at Portsmouth, in the issue of October 27,

1787; aligns the mercantile and mechanical interest on the side of the

new Constitution; adding that the “honest farmer” can have no

objections, either. “The _honest man_,” runs the plea, “can have no

objection to a federal government, for while it obliges him to pay a

sacred regard to past contracts, it will eventually secure him in his

person and his property. The _mercantile interest_ have suffered enough

_to induce_ them to wish for, and espouse a federal reform.... The

_mechanical interest_ can have no aversion to it, when they are informed

that an efficient government will protect and encourage commerce, which

is the very soul of mechanism.... Nor can the _honest farmer_ have any

objection; the increase of commerce will naturally increase the demand

for such articles as he may have for sale; he will be enabled to pay his

taxes and, if economy shakes hands with industry, increase his farm and

live independent of troublesome creditors. Since then no one respectable

order of citizens can have any just reason to reject the new

Constitution, we may venture to conclude that none but _fools_,

_blockheads_, and _mad men_ will dare oppose it.”

_Massachusetts._—The contest over the Constitution in Massachusetts was

a sharp conflict between the personalty interests on the one hand and

the small farmers and debtors on the other, and this fact seems to have

been recognized by every thoughtful leader on both sides. This view of

the social struggle was set forth on so many occasions and by so many

eminent observers that it is difficult to select from the mass of

material the most typical statement of the situation. Perhaps that by

General Knox is not excelled for its clarity and conciseness. Writing to

Washington, January 14, 1788, a few days after the state convention had

begun its labors, he describes the alignment over ratification as

follows:

“There are three parties existing in that state [Massachusetts] at

present, differing in their numbers and greatly differing in their

wealth and talents.

“The 1st. is the commercial part of the state to which are added all the

men of considerable property, the clergy, the lawyers—including all the

judges of all the courts, and all the officers of the late army, and

also the neighborhood of all the great towns—its numbers may include

3/7ths of the state. This party are for vigorous government, perhaps

many of them would have been still more pleased with the new

Constitution had it been more analogous to the British Constitution.

“The 2d party are the eastern part of the state lying beyond New

Hampshire formerly the province of Main—This party are chiefly looking

towards the erection of a new state and the majority of them will adopt

or reject the new Constitution as it may facilitate or retard their

designs—this party 2/7ths.

“The 3d party are the Insurgents or their favorers, the great majority

of whom are for an annihilation of debts, public and private, and

therefore they will not approve the new Constitution—this party

2/7ths.”[697]

Several months before Knox had formulated this view of the conflict,

indeed, early in the struggle over ratification, the Federalist

agitators were busy with appeals to practical economic interests. The

Massachusetts Gazette of October 26, 1787, for example, contains a

letter signed by “Marcus” in which the groups likely to be affected

advantageously by the new Constitution are enumerated and an argument

directed to each of them: “It is the interest of the merchants to

encourage the new constitution, because commerce may then be a national

object, and nations will form treaties with us. It is the interest of

the mechanicks to join the mercantile interest, because it is not their

interest to quarrel with their bread and butter. It is the interest of

the farmer because the prosperity of commerce gives vent to his produce,

raises the value of his lands, and commercial duties will alleviate the

burden of his taxes. It is the interest of the landholder, because

thousands in Europe, with moderate fortunes will migrate to this country

if an efficient government gives them a prospect of tranquillity. It is

the interest of all gentlemen and men of property, because they will see

many low demagogues reduced to their tools, whose upstart dominion

insults their feelings, and whose passions for popularity will dictate

laws, which ruin the minority of creditors and please the majority of

debtors. It is the interest of the American soldier as the military

profession will then be respectable and Florida may be conquered in a

campaign. The spoils of the West Indies and South America may enrich the

next generation of Cincinnati. It is the interest of the lawyers who

have ability and genius, because the dignities in the Supreme Court will

interest professional ambition and create emulation which is not now

felt.... It is the interest of the clergy, as civil tumults excite every

passion—the soul is neglected and the clergy starve. It is the interest

of all men whose education has been liberal and extensive because there

will be a theatre for the display of talents.”

In fact, from the very beginning of the movement, the most eminent

advocates of a new system were aware of the real nature of the struggle

which lay before them. They knew that there was a deep-seated antagonism

between the “natural aristocracy” and the “turbulent democracy” which

was giving the government of Massachusetts trouble. Such an analysis of

the difficulty is set forth by Stephen Higginson, a leading Federalist

of Boston, in March, 1787: “The people of the interior parts of these

states [New England] have by far too much political knowledge and too

strong a relish for unrestrained freedom, to be governed by our feeble

system, and too little acquaintance with real sound policy or rational

freedom and too little virtue to govern themselves. They have become too

well acquainted with their own weight in the political scale under such

governments as ours and have too high a taste for luxury and dissipation

to sit down contented in their proper line, when they see others

possessed of much more property than themselves. With these feelings and

sentiments they will not be quiet while such distinctions exist as to

rank and property; and sensible of their own force, they will not rest

easy till they possess the reins of Government and have divided property

with their betters, or they shall be compelled by force to submit to

their proper stations and mode of living.”[698]

Discerning opponents of the Constitution, as well as its advocates, were

aware of the alignment of forces in the battle. Rufus King explained to

Madison in January, 1788, that the opposition was grounded on antagonism

to property rather than to the outward aspects of the new system.

“Apprehension that the liberties of the people are in danger,” he said,

“and a distrust of men of property or education have a more powerful

effect upon the minds of our opponents than any specific objections

against the Constitution.... The opposition complains that the lawyers,

judges, clergymen, merchants, and men of education are all in favor of

the Constitution—and for that reason they appear to be able to make the

worse appear the better cause.”[699]

The correctness of King’s observation is sustained by a vigorous writer

in the Boston Gazette and Country Journal of November 26, 1787, who

charges the supporters of the Constitution with attempting to obscure

the real nature of the instrument, and enumerates the interests

advocating its adoption. “At length,” says the writer, “the luminary of

intelligence begins to beam its effulgent rays upon this important

production; the deceptive mists cast before the eyes of the people by

the delusive machinations of its INTERESTED advocates begins to

dissipate, as darkness flies before the burning taper.... Those furious

zealots who are for cramming it down the throats of the people without

allowing them either time or opportunity to scan or weigh it in the

balance of their intelligences, bear the same marks in their features as

those who have been long wishing to erect an aristocracy in THIS

COMMONWEALTH—their menacing cry is for a RIGID government, it matters

little to them of what kind, provided it answers THAT description....

They incessantly declare that none can discover any defect in the system

but bankrupts who wish no government and officers of the present

government who fear to lose a part of their power.... It may not be

improper to scan the characters of its most strenuous advocates: it will

first be allowed that many undesigning citizens may wish its adoption

from the best motives, but these are modest and silent, when compared to

the greater number, who endeavor to suppress all attempts for

investigations; these violent partisans are for having the people gulp

down the gilded pill blindfolded, whole, and without any qualification

whatever, these consist generally, of the NOBLE order of C—s, holders of

public securities, men of great wealth and expectations of public

office, B—k—s and L—y—s: these with their train of dependents from

[form] the aristocratick combination.”

Probably the most reasoned statement of the antagonism of realty and

personalty in its relation to the adoption of the Constitution in

Massachusetts was made in the letters of “Cornelius” on December 11 and

18, 1787: “I wish,” he said, “there never might be any competition

between the landed and the mercantile interests, nor between any

different classes of men whatever. Such competition will, however,

exist, so long as occasion and opportunity for it is given, and while

human nature remains the same that it has ever been. The citizens in the

seaport towns are numerous; they live compact; their interests are one;

there is a constant connection and intercourse between them; they can,

on any occasion, centre their votes where they please. This is not the

case with those who are in the landed interest; they are scattered far

and wide; they have but little intercourse and connection with each

other.... I conceive a foundation is laid for throwing the whole power

of the federal government into the hands of those who are in the

mercantile interest; and for the landed, which is the great interest of

this country, to lie unrepresented, forlorn, and without hope. It

grieves me to suggest an idea of this kind: But I believe it to be

important and not the mere phantom of imagination, or the result of an

uneasy and restless disposition.”[700]

_Connecticut._—There was no such spirited battle of wits over

ratification in Connecticut as occurred in Massachusetts. Nevertheless,

Ellsworth, in that state, produced a remarkable series of essays in

support of the new Constitution which were widely circulated and read.

In these papers there is revealed a positive antagonism between

agrarianism and personalty, but an attempt is made at conciliation by

subtly blending the two interests. Ellsworth opens: “The writer of the

following passed the first part of his life in mercantile employments,

and by industry and economy acquired a sufficient sum on retiring from

trade to purchase and stock a decent plantation, on which he now lives

in the state of a farmer. By his present employment he is interested in

the prosperity of agriculture and those who derive a support from

cultivating the earth. An acquaintance with business has freed him from

many prejudices and jealousies which he sees in his neighbors who have

not intermingled with mankind nor learned by experience the method of

managing an extensive circulating property. Conscious of an honest

intention he wishes to address his brethren on some political subjects

which now engage the public attention and will in the sequel greatly

influence the value of landed property.”[701]

The fact that the essential implications of this statement about his

primary economic interests being those of a farmer are untrue does not

affect the point here raised: Ellsworth recognised that the opposition

was agrarian in character, and he simulated the guise of a farmer to

conciliate it. Later on Ellsworth classifies the opposition. In the

first rank he puts the Tories as leading in resisting the adoption of

the Constitution because it would embarrass Great Britain. In the second

class, Ellsworth puts those who owe money. “Debtors in desperate

circumstances,” he says, “who have not resolution to be either honest or

industrious will be the next men to take alarm. They have long been

upheld by the property of their creditors and the mercy of the public,

and daily destroy a thousand honest men who are unsuspicious. Paper

money and tender acts is the only atmosphere in which they can breathe

and live. This is now so generally known that by being a friend to such

measures, a man effectually advertises himself as a bankrupt.... There

is another kind of people who will be found in the opposition: Men of

much self-importance and supposed skill in politics who are not of

sufficient consequence to obtain public employment, but can spread

jealousies in the little districts of country where they are placed.

These are always jealous of men in place and of public measures, and aim

at making themselves consequential by distrusting everyone in the higher

offices of society.... But in the present case men who have lucrative

and influential state offices, if they act from principles of self

interest will be tempted to oppose an alteration which would doubtless

be beneficial to the people. To sink from a controulment of finance or

any other great departments of the state, thro’ want of ability or

opportunity to act a part in the federal system must be a terrifying

consideration.”[702]

Leaving aside the Tories and office-holders, it is apparent that the

element which Ellsworth considers the most weighty in the opposition is

the agrarian party. The correctness of his analysis is supported by

collateral pieces of evidence. Sharon, one of the leading paper money

towns which opposed the ratification of the Constitution in Connecticut

had voted to assist Shays and had repeatedly attempted to secure paper

emission legislation.[703] In a few letters and speeches against the

Constitution the plaintive note of the agrarian is discernible.

The opponents of the Constitution in Connecticut found no skilled

champions such as led the fight in Pennsylvania and Massachusetts; and

no such spirited discussion took place. The debates in the state

ratifying convention were not recorded (save for a few fragments); but

the contest in the legislature over the proposition to send delegates to

the Philadelphia Convention showed that the resistance came from the

smaller agrarian interests similar to those in Rhode Island and

Massachusetts which had stood against the whole movement.

Mr. Granger from Suffield was opposed to the proposition to send

delegates to Philadelphia because “he conceived it would be disagreeable

to his constituents; he thought the liberties of the people would be

endangered by it; ... and concluded by saying that he imagined these

things would have a tendency to produce a regal government in this

country.” Mr. Humphrey from the inland town of Norfolk sided with Mr.

Granger and “concluded by saying that he approved the wisdom and policy

of Rhode Island in refusing to send delegates to the convention and that

the conduct of that state in this particular, was worthy of imitation.”

Mr. Perkins of Enfield “was opposed to the measure and said that the

state would send men that had been delicately bred and who were in

affluent circumstances, that could not feel for the people in this day

of distress.”[704]

_New York._—When it is remembered that the greatest piece of

argumentation produced by the contest over ratification, _The

Federalist_, was directed particularly to the electorate in New York,

although widely circulated elsewhere, it will appear a work of

supererogation to inquire whether the leaders in that commonwealth

understood the precise nature of the social conflict which was being

waged.[705] Nevertheless, it may be worth while to present Hamilton’s

analysis of it. On the side of the Constitution, he placed the “very

great weight of influence of the persons who framed it, particularly in

the universal popularity of General Washington—the good will of the

commercial interest throughout the states which will give all its

efforts to the establishment of a government capable of regulating,

protecting, and extending the commerce of the Union—the good will of

most men of property in the several states who wish a government of the

Union able to protect them against domestic violence and the

depredations which the democratic spirit is apt to make on

property ...—a strong belief in the people at large of the insufficiency

of the present confederation to preserve the existence of the Union.”

Over against these forces in favor of the Constitution, Hamilton places

the antagonism of some inconsiderable men in office under state

governments, the influence of some considerable men playing the part of

the demagogue for their own aggrandizement;—“and add to these causes the

democratical jealousy of the people which may be alarmed at the

appearance of institutions that may seem calculated to place the power

of the community in a few hands and raise a few individuals to stations

of great preeminence.”[706]

_New Jersey_ and _Delaware_.—The speedy ratification of the Constitution

in these states gave no time for the development of a sharp antagonism,

even had there been an economic basis for it. In the absence of this

actual conflict over the Constitution we can hardly expect to find any

consideration of the subject by contemporary writers of note.[707]

_Pennsylvania._—The opposition between town and country, between

personalty and realty in other words, was so marked in this commonwealth

during the struggle over the ratification of the Constitution that it

was patent to all observers and was the subject of frequent and

extensive comment by leaders on both sides. On September 28, 1787, Tench

Coxe wrote to Madison describing the disturbance over the resolution in

the state legislature calling the ratifying convention, and after

reciting the events of the day he added, “It appears from these facts

that the Western people [i.e. the agrarians] have a good deal of

jealousy about the new Constitution and it is very clear that the men

who have been used to lead the Constitutional [or radical party][708]

are against it decidedly.”[709] A month later Coxe again writes to

Madison: “The opposition here has become more open. It is by those

leaders of the constitutional [local radical] interest who have acted in

concert with the Western interest. The people of the party in the city

are chiefly federal, tho’ not so I fear in the Counties.”[710]

Writing about the same time from Philadelphia to Washington, Gouverneur

Morris said: “With respect to this state, I am far from being decided in

my opinion that they will consent. It is true that the City and its

Neighborhood was enthusiastic in the cause; but I dread the cold and

sower temper of the back counties and still more the wicked industry of

those who have long habituated themselves to live on the public, and

cannot bear the idea of being removed from power and profit of state

government which has been and still is the means of supporting

themselves, their families, and their dependents.”[711] Such comments on

the nature of the alignment of forces might be multiplied from the

writings of other Federalist leaders in Pennsylvania, but it appears to

be unnecessary to say more.

The leaders on the other side were constantly discanting upon the

opposition between town and country. The recalcitrant members of the

legislature in their protest to the people against the hasty calling of

the state convention declared, “We lamented at the time [of the

selection of delegates to the national Convention] that a majority of

our legislature appointed men to represent this state who were all

citizens of Philadelphia, none of them calculated to represent the

landed interests of Pennsylvania, and almost all of them of one

political party, men who have been uniformly opposed to that [state]

constitution for which you have on every occasion manifested your

attachment.”[712]

The author of the famous “Centinel” letters saw in the movement

favorable to the new Constitution a design of “the wealthy and ambitious

who in every community think they have a right to lord it over their

fellow creatures.”[713] In fact the most philosophic argument against

the adoption of the new system on account of its intrinsic nature was

made by the author of these letters.

At the opening of his series, Centinel inveighs against the precipitancy

which characterized the movements of the Federalists, and then attacks

the Constitution as the work of an active minority. “The late

revolution,” he says, “having effaced in a great measure all former

habits and the present institutions are so recent that there exists not

that great reluctance to innovation, so remarkable in old communities

and which accords with reason, for the most comprehensive mind cannot

foresee the full operation of material changes on civil polity.... The

wealthy and ambitious, who in every community think they have a right to

lord it over their fellow creatures have availed themselves very

successfully of this favorable disposition; for the people thus

unsettled in their sentiments have been prepared to accede to any

extreme of government. All the distresses and difficulties they

experience, proceeding from various causes, have been ascribed to the

impotency of the present confederation, and thence they have been led to

expect full relief from the adoption of the proposed system of

government; and in the other event immediately ruin and annihilation as

a nation.”[714]

After warning his countrymen against being lulled into false security by

the use of the great names of Washington and Franklin in support of the

Constitution, Centinel takes up the fundamental element in the new

system: the balance of powers as expounded in Adams’ _Defence of the

Constitutions_; and shows the inherent antagonism between “democracy”

and the Federalist concept of government in a manner that would do honor

to the warmest advocate of the initiative and referendum in our time.

“Mr. Adams’ _sine qua non_ of good government is three balancing powers;

whose repelling qualities are to produce an equilibrium of interests and

thereby promote the happiness of the whole community. He asserts that

the administrators of every government will ever be actuated by views of

private interest and ambition to the prejudice of the public good; that

therefore the only effectual method to secure the rights of the people

and promote their welfare is to create an opposition of interests

between the members of two distinct bodies in the exercise of the powers

of government, and balanced by those of a third. This hypothesis

supposes human wisdom competent to the task of instituting three

co-equal orders in government and a corresponding weight in the

community to enable them respectively to exercise their several parts

and whose views and interests should be so distinct as to prevent a

coalition of any two of them for the destruction of the third. Mr.

Adams, although he has traced the constitution of every form of

government that ever existed, as far as history affords materials, has

not been able to adduce a single instance of such a government; he

indeed says the British constitution is such in theory, but this is

rather a confirmation that his principles are chimerical and not to be

reduced to practice. If such an organization of power were practicable

how long would it continue? Not a day—for there is so great a disparity

in the talents, wisdom, and industry of mankind, that the scale would

presently preponderate to one or the other body, and with every

accession of power the means of further increase would be greatly

extended. The state of society in England is much more favorable to such

a scheme of government than that of America. There they have a powerful

hereditary nobility, and real distinctions of rank and interests; but

even there, for want of that perfect equality of power and distinction

of interests in the three orders of government, they exist but in name;

the only operative and efficient check upon the conduct of

administration is the sense of the people at large.... If the

administrators of every government are actuated by views of private

interest and ambition, how is the welfare and happiness of the community

to be the result of such jarring adverse interests?”[715]

In opposition to the Adams-Madison theory of balanced economic interests

and innocuous legislatures, which was the essence of the Federalist

doctrine, Centinel expounded his reasons for believing that distinct

property groups should not be set against one another in the government,

and that trust in the political capacity of the broad undifferentiated

mass of the community should be the basis of the Constitution; but it

should be noted that his undifferentiated mass was composed largely of

property holders. “I believe,” he says “that it will be found that the

form of government which holds those entrusted with power in the

greatest responsibility to their constituents, the best calculated for

freemen. A republican or free government can only exist where the body

of the people are virtuous and _where property is pretty equally

divided_. In such a government the people are sovereign and their sense

or opinion is the criterion of every public measure; for when this

ceases to be the case, the nature of the government is changed and an

aristocracy, monarchy, or despotism will rise on its ruins. The highest

responsibility is to be attained in a simple structure of government,

for the great body of the people never steadily attend to the operations

of government, and for the want of due information are liable to be

imposed upon. If you complicate the plan by various orders, the people

will be perplexed and divided in their sentiment about the sources of

abuses or misconduct; some will impute it to the senate, others to the

house of representatives, and so on, that the interposition of the

people may be rendered imperfect or perhaps wholly abortive. But if

imitating the constitution of Pennsylvania, you vest all the legislative

power in one body of men (separating the executive and the judicial),

elected for a short period, and necessarily excluded by rotation from

permanency and guarded from precipitancy and surprise by delays imposed

on its proceedings, you will create the most perfect responsibility; for

then, whenever the people feel a grievance, they cannot mistake the

authors and will apply the remedy with certainty and effect, discarding

them at the next election.”[716]

It is evident that a considerable number of the voters in Pennsylvania

clearly understood the significance of the division of powers created by

the Constitution. In a petition circulated and extensively signed by

Philadelphia citizens immediately after the completion of the labors of

the Convention and directed to the state ratifying convention, the

memorialists expressed their approval of the Constitution, and added:

“The division of the power of the United States into three branches

gives the sincerest satisfaction to a great majority of our citizens,

who have long suffered many inconveniences from being governed by a

single legislature. All single governments are tyrannies—whether they be

lodged in one man—a few men—or a large body of the people.”[717]

_Maryland._—The contest in Maryland over the ratification was keen and

spirited and every side of the question was threshed out in newspaper

articles and pamphlets.[718] Through all the controversy ran the

recognition of the fact that it was a struggle between debtors and

creditors, between people of substance and the agrarians. Alexander

Hanson in his considerable tract in favor of the ratification, dedicated

to Washington, treats the charge that the Constitution was an instrument

of property as worthy of a dignified answer. “You have been told,” he

says, “that the proposed plan was calculated peculiarly for the rich. In

all governments, not merely despotic, the wealthy must, in most things,

find an advantage from the possession of that which is too much the end

and aim of mankind. In the proposed plan there is nothing like a

discrimination in their favor.... Is it a just cause of reproach that

the Constitution effectually secures property? Or would the objectors

introduce a general scramble?”[719]

Recognizing the importance of the interests at stake, another Federalist

writer, “Civis,” in the Maryland Journal of February 1, 1788, appeals to

the voters for delegates to the coming state convention to be

circumspect in order to procure the ratification of the Constitution. He

laments that “men of property, character, and abilities have too much

retired from public employment since the conclusion of the war,” but

expresses the hope “that, in this all important crisis, they will again

step forth, with a true patriotic ardour, and snatch their dear country

from the dreadful and devouring jaws of anarchy and ruin.” He cautions

the citizens against voting for undesirable persons: “The characters

whom I would especially point out as your particular aversion, in the

present critical conjuncture, are all those in desperate or embarrassed

circumstances, who may have been advocates for paper money, the

truck-bill, or insolvent act; and who may expect to escape in the

general ruin of the country.”

On the other hand many opponents of the Constitution in Maryland

definitely declared the contest to be one between property and the

people of little substance. Such was practically the view of Luther

Martin[720] in basing his resistance on the ground that the new system

prevented the states from interfering with property rights. The spirit

of this opposition was also well reflected in a reply to the letter of

“Civis,” mentioned above, which took the form of an ironical appeal to

the voters to support only men of property and standing for the coming

state convention. “Choose no man in debt,” it runs, “because being in

debt proves that he wanted understanding to take care of his own

affairs.... A man in debt can scarcely be honest.... Vote for no man who

was in favor of paper money, for no _honest_ man was for that measure.

None but _debtors_ and desperate wretches advocated the diabolical

scheme.... Elect no man who supported the law allowing insolvent debtors

to discharge their persons from perpetual imprisonment, by _honestly_

delivering up _all_ their property to the use of their creditors. The

legislature _have_ no right to interfere with _private_ contracts, and

debtors might safely trust to the humanity and clemency of their

creditors who will not keep them in gaol all their lives, unless they

deserve it.... Men of great property are deeply interested in the

welfare of the state; and they are the most competent judges of the form

of government, best calculated to preserve their property, and such

liberties as it is proper for the common and inferior class of people to

enjoy. Men of wealth possess natural and acquired understanding, as they

manifest by amassing riches, or by keeping and increasing those they

derive from their ancestors, and they are best acquainted with the

wants, the wishes, and desires of the people, and they are always ready

to relieve them in their private and public stations.”[721]

_Virginia._—Madison remarked that he found in his state “men of

intelligence, patriotism, property, and independent circumstances”[722]

divided over the ratification of the Constitution although in some other

commonwealths men of this stamp were “zealously attached” to the new

government. This general reflection is not borne out however by some of

his contemporaries. Marshall, as we have noted above,[723] regarded the

conflict as being between two rather sharply divided parties, those who

favored maintaining public and private rights in their full integrity

and those who proposed to attack them through legislation.[724] In fact,

Madison himself at a later date declared that “the superiority of

abilities” was on the side of the Constitution.[725] Charles Lee claimed

that “except a few characters, the members [of the Virginia convention]

with the most knowledge and abilities and personal influence are also in

favor of the Constitution.”[726]

In the opposition Patrick Henry put the whole mass of small farmers. “I

believe it to be a fact,” he declared in the Virginia convention, “that

the great body of yeomanry are in decided opposition to it. I may say

with confidence that, for nineteen counties adjacent to each other,

nine-tenths of the people are conscientiously opposed to it. I may be

mistaken but I give you it as my opinion; and my opinion is founded on

personal knowledge in some measure, and other good authority.... You

have not solid reality—the hearts and hands of the men who are to be

governed.”[727]

_North Carolina._—It would have been strange if the leaders for and

against the Constitution in this commonwealth had not taken cognizance

of the nature of the conflict they were waging. The popular paper money

and debtor party had been powerful and active and had aroused the

solicitude of all men of substance; and the representatives of the

latter, as practical men, knew what they were doing in supporting an

overthrow of the old system. “It is essential to the interests of

agriculture and commerce,” exclaimed Davie, in the state ratifying

convention, “that the hands of the states should be bound from making

paper money, instalment laws, and pine barren acts. By such iniquitous

laws the merchant or farmer may be defrauded of a considerable part of

his just claims. But in the federal court, real money will be recovered

with that speed which is necessary to accommodate the circumstances of

individuals.”[728] Speaking on the same theme, paper money, Governor

Johnston said: “Every man of property—every man of considerable

transactions, whether a merchant, planter, mechanic, or of any other

condition—must have felt the baneful influence of that currency.”[729]

The recognition of the nature of the clash of interests is manifest in

scattered correspondence, as well as in speeches. For example, in a

letter to Iredell, January 15, 1788, Maclaine says: “In New Hanover

county the people if left to themselves are in favor of the change. Some

demagogues, a few persons who are in debt, and every public officer,

except the clerk of the county court, are decidedly against any change;

at least against any that will answer the purpose. Our friend Huske is

the loudest man in Wilmington against the new constitution. Whether

ambition, or avarice, or a compound of both actuates him I leave you to

judge.... I expect in a few weeks _The Federalist_ in a volume. He is

certainly a judicious and ingenious writer, though not well calculated

for the common people.... Your old friend Huske and Col. Read have

joined all the low scoundrels in the County [_i.e._ the country party]

and by every underhand means are prejudicing the common people against

the new constitution. The former is a candidate for the county.”[730]

This conflict between the town and country is explained by Iredell’s

biographer: “Soon after the [Revolutionary] War commenced a feud between

the town of Wilmington and the county of New Hanover. The leading men

‘upon ’Change’ were either Tories or those whose lukewarmness had

provoked suspicion: the agrestic population could but illy brook their

prosperity. From that day to the present [1857] the politics of the

burgess have been antagonistical to those of the former. The merchants

have ever been the predominant class in the borough: daily intercourse

has enabled them with facility to form combinations that have given them

the control of the moneyed institutions while their patronage has added

a potent influence with the press.”[731]

_South Carolina._—The materials bearing on the ratification of the

Constitution in South Carolina which are available to the northern

student are relatively scanty.[732] Nevertheless, in view of the marked

conflict between the agrarian back-country and the commercial seaboard,

it may easily be imagined that it was not unobserved by the leaders in

the contest over ratification who championed the respective regions.

This antagonism came out in a pamphlet war over the amendment of the

state constitution which was being waged about the time of the adoption

of the new federal system. In this war, “Appius,” the spokesman for the

reform party is reported to have declared that “wealth ought not to be

represented; that a rich citizen ought to have fewer votes than his poor

neighbor; that wealth should be stripped of as many advantages as

possible and it will then have more than enough; and finally, that in

giving property the power of protecting itself, government becomes an

aristocracy.”[733]

“Appius,” after this general statement of his theory, then explains

wherein the distribution of economic interests engendered antagonism in

politics in that state. “The upper and lower countries, have opposite

habits and views in almost every particular. One is accustomed to

expense, the other to frugality. One will be inclined to numerous

offices, large salaries, and an expensive government; the other, from

the moderate fortunes of the inhabitants, and their simple way of life

will prefer low taxes, small salaries, and a very frugal civil

establishment. One imports almost every article of consumption and pays

for it in produce; the other is far removed from navigation, has very

little to export, and must therefore supply its own wants. Consequently

one will favor commerce, the other manufactures; one wishes slaves, the

other will be better without them.”[734] In view of this opposition of

interests, “Appius” holds that there should be a redistribution of

representatives which will give the back-country its proper proportion

and enable the majority to rule.

To this argument Ford replies in the language of Federalism. The rights

of property are anterior to constitutions; the state constitution

recognizes and guarantees these rights; the substantial interests of the

minority must be forever immune from attacks by majorities. Otherwise

“the weaker party in society,” he declares, “would literally have no

right whatever: neither life, liberty, or property would be guaranteed

to them by the social compact, seeing the majority are not bound by it,

but might destroy the whole and by the same rule any part of it at

pleasure.... Virtue and vice would lose their distinction; the most

vicious views would be sanctified if pursued by the greater number, and

the most virtuous resistance punishable in the less. If the principles

of justice are derived from a higher source than human institutions (and

who will deny it?) I contend that the majority have no right to infringe

them.”[735] Hence, any change in the system which deprives the seaboard

minority of their preponderance in the state government cannot be too

severely reprobated.

It can hardly be supposed that an economic antagonism in the state that

was so clearly recognized by publicists in 1794, and that manifested

itself in the vote on the ratification of the Federal Constitution six

years before, was overlooked in the earlier contest.

Indeed, evidence that it was not appears in a pamphlet written in

defence of the Constitution by Dr. David Ramsay, who was afterward a

member of the ratifying convention in South Carolina. He particularly

warns his fellow-citizens against the debtor element. “Be on your

guard,” he says, “against the misrepresentations of men who are involved

in debt; such may wish to see the Constitution rejected because of the

following clause, ‘no state shall emit bills of credit, make anything

but gold and silver coin a tender in payment of debts, pass any ex post

facto law, or law impairing the obligation of contracts.’ This will

doubtless bear hard on debtors who wish to defraud their creditors, but

it will be real service to the honest part of the community. Examine

well the characters and circumstances of men who are averse to the new

constitution. Perhaps you will find that the above clause is the real

ground of the opposition of some of them, though they may artfully cover

it with a splendid profession of zeal for state privileges and general

liberty.”[736]

_Georgia._—The speedy and unanimous ratification of the Constitution in

Georgia seems to have prevented any very vigorous pamphleteering on the

question. Indeed, the energies of the state were being strained to the

limit in preparing for defence against the Indians, and there was little

time for theorizing. Foreign invasion generally silences domestic

discord.

CONCLUSIONS

At the close of this long and arid survey—partaking of the nature of

catalogue—it seems worth while to bring together the important

conclusions for political science which the data presented appear to

warrant.

The movement for the Constitution of the United States was originated

and carried through principally by four groups of personalty interests

which had been adversely affected under the Articles of Confederation:

money, public securities, manufactures, and trade and shipping.

The first firm steps toward the formation of the Constitution were taken

by a small and active group of men immediately interested through their

personal possessions in the outcome of their labors.

No popular vote was taken directly or indirectly on the proposition to

call the Convention which drafted the Constitution.

A large propertyless mass was, under the prevailing suffrage

qualifications, excluded at the outset from participation (through

representatives) in the work of framing the Constitution.

The members of the Philadelphia Convention which drafted the

Constitution were, with a few exceptions, immediately, directly, and

personally interested in, and derived economic advantages from, the

establishment of the new system.

The Constitution was essentially an economic document based upon the

concept that the fundamental private rights of property are anterior to

government and morally beyond the reach of popular majorities.

The major portion of the members of the Convention are on record as

recognizing the claim of property to a special and defensive position in

the Constitution.

In the ratification of the Constitution, about three-fourths of the

adult males failed to vote on the question, having abstained from the

elections at which delegates to the state conventions were chosen,

either on account of their indifference or their disfranchisement by

property qualifications.

The Constitution was ratified by a vote of probably not more than

one-sixth of the adult males.

It is questionable whether a majority of the voters participating in the

elections for the state conventions in New York, Massachusetts, New

Hampshire, Virginia, and South Carolina, actually approved the

ratification of the Constitution.

The leaders who supported the Constitution in the ratifying conventions

represented the same economic groups as the members of the Philadelphia

Convention; and in a large number of instances they were also directly

and personally interested in the outcome of their efforts.

In the ratification, it became manifest that the line of cleavage for

and against the Constitution was between substantial personalty

interests on the one hand and the small farming and debtor interests on

the other.

The Constitution was not created by “the whole people” as the jurists

have said; neither was it created by “the states” as Southern nullifiers

long contended; but it was the work of a consolidated group whose

interests knew no state boundaries and were truly national in their

scope.

INDEX

Adams, John, theories attacked, 313.

Annapolis convention, 62.

Army, place in government, 171 ff.

Articles of Confederation, conditions under, 47, 58;

system of government, 52.

Baldwin, Abraham, economic interests of, 74;

political philosophy of, 190.

Baltimore, petitions for protection, 42;

popular vote in, 247.

Bancroft, interpretation of history, 1.

Bassett, Richard, economic interests of, 75.

Bedford, Gunning, economic interests of, 76;

political philosophy of, 191.

Blair, John, economic interests of, 77.

Blount, William, economic interests of, 78.

Boston, petitions for protection, 44;

property interests in, 261 ff.;

vote in, 244.

Bowdoin, Governor, demands stronger union, 55.

Brearley, David, economic interests of, 79.

Broom, Jacob, economic interests of, 80;

political philosophy of, 191.

Burgess, Professor, cited, 62.

Butler, Pierce, economic interests of, 81;

political philosophy of, 192.

Capital, attacks on, 31 ff.;

invested in lands, 49;

_see_ Money and Securities.

Carroll, Daniel, economic interests of, 82.

“Centinel,” essays of, 312.

Checks and balances, 159 ff.

Cincinnati, Society of the, 38 ff.

Cities, populace feared, 215.

Clymer, George, 41;

economic interests of, 82;

political philosophy of, 193.

Commerce, demands for protection of, 40 ff.;

influence in politics, 172, 183 ff.

Congress, under the Articles of Confederation, 52;

calls the Convention at Philadelphia, 63.

Connecticut tax returns, in, 31;

suffrage qualifications, 66;

elections to state convention, 228;

vote on the Constitution, 228;

voters for members of convention, 240;

economic interests and ratification of the Constitution, 265 ff.;

public securities in, 265;

conflict over ratification, 306 ff.

Constitution, U. S., juristic theory of, 10 ff., 299;

economic forces in creation and adoption, 16 ff.;

movement for, 52 ff.;

nature of, 152 ff.

Constitutional law, interpretation of, 13 ff.

Contracts, provision for safeguarding, 179 ff.

Convention, at Philadelphia, called, 63;

movement for, 52 ff.;

method of electing delegates, 64; 73 ff.

Creditors, consolidation of, 32.

Currency, depreciation of, 31.

Davie, William R., economic interests of, 84;

political philosophy of, 193.

Dayton, Jonathan, economic interests of, 85.

Debt, Public, _see_ Securities.

Debtors, political schemes, 28;

war on creditors, 31 ff.;

in revolt in New England, 59.

Delaware, suffrage qualification, 68;

elections to state convention, 230;

vote on the Constitution, 230;

voters for members of convention, 241;

ratification of the Constitution, 272.

Depreciation, of securities, 32.

Dickinson, John, economic interests of, 87;

political philosophy of, 194.

Disfranchised, the, 24 ff.

Economic interests, appealed to, in behalf of the Constitution, 53.

Economic interpretation of history, 5 ff.;

of law, 7 ff.;

of constitutional law, 13;

Madison’s, 14 ff.; 156 ff.

Elections, popular, feared, 214;

annual, 216;

popular vote on the Constitution, 239 ff.;

to state conventions, 226 ff.;

number voting in, 242 ff.;

_see_ Suffrage.

Ellsworth, Oliver, economic interests of, 88;

political philosophy of, 196;

on ratification, 220.

Executive, veto power, 213; 192, 193, 195, 197, 198, 199, 201, 202,

203, 210, 211, 212, 213, 214, 215, 216.

Farms, mortgaged, 22;

small, 27.

_Federalist, The_, on the Constitution, 152 ff.

Few, William, economic interests of, 90.

Fitzsimons, Thomas, 41;

economic interests of, 91;

political philosophy of, 196.

Franklin, Benjamin, on conditions of the country in 1787, 47;

and land speculation, 49;

economic interests of, 92;

political philosophy of, 197.

Freeholders, dangers from, 71;

best guardians of liberty, 195; 189–216 _passim_;

_see_ Suffrage and Elections.

Georgia, suffrage qualifications, 70;

elections to state convention, 236;

vote on the Constitution, 236;

voters for members of convention, 241;

reasons for speedy ratification, 290.

Gerry, Elbridge, views on the Cincinnati, 38;

economic interests of, 95;

political philosophy of, 197;

on property qualifications, 167.

Gilman, Nicholas, economic interests of, 93.

Gorham, Nathaniel, economic interests of, 99;

political philosophy of, 198;

on ratification, 219.

Hamilton, Alexander, views on the working-class, 25;

estimate of debt, 33;

economic interests of, 100;

political philosophy of, 199;

on ratification, 222.

Henry, Patrick, and land speculation, 49.

History, interpretation of, 1 ff.

Holmes, Justice, economic views cited, 9 n.

Houston, W. C., economic interests of, 114.

Houstoun, William, economic interests of, 115;

political philosophy of, 200.

Ingersoll, Jared, economic interests of, 116;

political philosophy of, 200.

Jenifer, Daniel, 116.

Jhering, work cited, 14 n.

Johnson, W. S., economic interests of, 117.

Judicial control, nature of, 162, 196;

Spaight against, 214; 216.

King, Rufus, economic interests of, 118;

political philosophy of, 201;

on ratification, 218.

Knox, General, believes the Confederation is in ruins, 58; 301.

Land, policy, 27;

western, speculation in, 23, 49;

members of the Convention, interests in, 151.

Langdon, John, economic interests of, 120.

Lansing, John, economic interests of, 123.

Lassalle, cited, 14 n.

Law, interpretation in the United States, 7 ff.;

England, 7.

Libby, O. G., work on the Constitution, 5.

Livingston, William, economic interests of, 123;

political philosophy of, 201.

Madison, James, interpretation of history and politics, 14 ff.;

on universal suffrage, 25;

on the dissolution of the Confederation, 60;

on the Annapolis convention, 62;

economic interests of, 125;

political philosophy of, 156;

on property qualifications, 165, 167;

on ratification, 222;

view as to causes of opposition to Constitution, 293.

Maitland, and economic interpretation, 8 n.

Majority rule, devices for checking, 156 ff.

Manufacturing, 23;

demands for protection, 41 ff.; 175.

Marshall, opinion as to nature of the Constitution cited, 10;

on the obligation of contracts, 181 f.; 287;

analysis of the conflict over the Constitution, 295 ff.

Martin, Alexander, economic interests of, 126.

Martin, Luther, and debtors, 28;

economic interests of, 126;

political philosophy of, 205.

Maryland, petitions for protection, 43;

suffrage qualifications, 69;

elections to state convention, 234;

vote on the Constitution, 235;

voters for members of convention, 241;

vote on Constitution in, 247;

economic interests and ratification of the Constitution, 281;

conflict over ratification, 316 ff.

Mason, George, economic interests of, 127;

political philosophy of, 205.

Massachusetts, tax returns in, 31;

rebellion in, 59;

suffrage qualifications, 65;

elections to state convention, 226;

vote on the Constitution, 227;

voters for members of convention, 240;

elections in, 242;

economic interests and ratification of the Constitution, 257 ff.;

public securities in, 261;

conflict over ratification, 301 ff.

McClurg, James, economic interests of, 130;

political philosophy of, 203.

McHenry, James, economic interests of, 130;

political philosophy of, 204;

elected to the Maryland convention, 247.

Mercer, J. F., economic interests of, 131;

political philosophy of, 207.

Merchants, petition for adequate naval protection, 56.

Mifflin, Thomas, economic interests of, 132.

Minority, rights of the, 156 ff.; 322.

Monarchy, favored by Dickinson, 195.

Money, distribution of, 31;

paper, 28 ff.;

forbidden in the Constitution, 179; 281.

Money-lending, 28.

Monroe, on the Annapolis convention, 62.

Morley, on Macaulay, 4 n.

Morris, Gouverneur, economic interests of, 133;

political philosophy of, 207;

on property qualifications, 166;

view of conflict in Pennsylvania, 311.

Morris, Robert, and land speculation, 49;

economic interests of, 133;

political philosophy of, 209.

Navy, _see_ Army.

New England, rebellion in, 59.

New Hampshire, tax returns in, 31;

suffrage qualifications, 65;

elections to state convention, 225;

vote on the Constitution, 226;

voters for members of state convention, 240;

economic interests and the Constitution, 254;

conflict over ratification, 300.

New Jersey, suffrage qualifications in, 68;

elections to state convention, 230;

vote on the Constitution, 230;

voters for members of convention, 241;

economic interests and ratification of the Constitution, 271 f.;

public securities in, 271.

New York, petitions for protection, 43;

suffrage qualifications, 67;

number of voters in, 67;

elections to state convention, 229;

vote on the Constitution, 229;

demand for a second national Convention, 229;

voters for members of convention, 241;

popular vote on the Constitution, 244;

economic interests and ratification of the Constitution, 268 ff.;

public securities in, 270;

conflict over ratification, 309.

North Carolina, suffrage qualifications, 69;

elections to state convention, 235;

ratification of Constitution deferred, 235;

ratification, 236;

voters for members of convention, 241;

economic interests and ratification of the Constitution, 287 f.;

conflict over ratification, 319.

Paper money, 28 ff.

Paterson, William, 136, 209, 222.

Pennsylvania, suffrage qualifications, 68;

elections to state convention, 231;

vote on the Constitution, 233;

conflict over ratification, 231 ff.;

voters for members of convention, 241;

popular vote on the Constitution, 246;

economic interests and ratification of the Constitution, 273 ff.;

public securities in, 274;

conflict over ratification, 310 ff.

Personal property, distribution of, in the United States, 19 ff.

Philadelphia, petitions for protection, 40, 44;

residents seek relief from financial disorders, 57;

popular vote in, 247.

Pierce, William, economic interests of, 137;

political philosophy of, 209.

Pinckney, Charles, economic interests of, 138;

political philosophy of, 210.

Pinckney, C. C., economic interests of, 137;

political philosophy of, 211.

Pound, Professor, writings cited, 9.

Powers, balance of, 159 ff.

President, _see_ Executive.

Property, rights of, 156 ff.;

qualifications on voters and officers, 164 ff.;

position under the Constitution, 176;

qualifications for officers, 213;

_see_ Suffrage and Elections.

Protection, for manufacturing, demanded, 40;

for trade, 175.

Public securities, records of, at Treasury Department, 20.

Randolph, Edmund, economic interests of, 139;

political philosophy of, 212;

on ratification, 219.

Ratification, _see_ separate states;

plan suggested by the Convention, 217;

accepted by Congress, 217;

criticism and defence of, 218 ff.;

accepted by the states, 225.

Read, George, economic interests of, 140;

political philosophy of, 213.

Real property, groups of interests, 26 ff.

Referendum, 239.

Representatives, House of, 160, 162, 191, 192, 197, 199, 207, 210, 212.

Rhode Island, ratification of the Constitution, 237.

Rutledge, John, economic interests of, 141;

political philosophy of, 213.

Schuyler, Philip, demands a national convention, 55, 108.

Securities, Public, amount of, 32 f.;

depreciation of, 32;

gain in appreciation of, 34 ff.;

members of the Convention holding, 149 f.;

in Massachusetts, 261 ff.;

in Connecticut, 266 f.;

in New York, 270;

in New Jersey, 271;

in Pennsylvania, 273;

in Virginia, 286;

in North Carolina, 287;

in South Carolina, 289.

Senate, 161, 162;

and property, 190, 192, 199, 206, 211, 212, 213;

_see_ Senators.

Senators, life term proposed, 213;

term of, 214;

popular election, 216.

Shays’ Rebellion, 39.

Sherman, Roger, economic interests of, 142;

political philosophy of, 213;

view of plan of ratification, 218.

Slave-holders, interest in the Constitution, 29.

Slaves, members of the Convention holding, 151;

danger of revolt, 174;

trade in, discussed in the Convention, 176;

Rutledge’s view of, 213.

Smith, Melancton, 246.

South Carolina, suffrage qualifications, 70;

popular vote on the Constitution, 248;

elections to state convention, 236;

vote on the Constitution, 236;

voters for members of Convention, 241;

economic interests and ratification of the Constitution, 288 f.;

public securities in, 289;

conflict over ratification, 321.

Spaight, R. D., economic interests of, 143;

political philosophy of, 214.

States, restrictions on, 178 ff.;

causes of conflict among, 186 ff.

Stock Exchange, founding of, 35.

Strong, Caleb, economic interests of, 144;

political philosophy of, 214.

Suffrage, qualifications on, in 1787, 64 ff.;

discussed in the Convention, 164 ff., 190 ff.;

manhood in New York, 241;

for electors voting on the Constitution, 240 f.;

number disfranchised, 242.

Taxation, absence of power under the Confederation, 52;

power conferred by the Constitution, 169;

interpretation of the system, 170;

Hamilton on, 171.

Territories, provisions for, in the Constitution, 175.

Teutonic school, interpretation of history, 2.

Tories, 240.

Turner, Professor, historical interpretation, 5.

Veto, absolute, proposed, 213.

Veto power, 215.

Virginia, suffrage qualifications, 69;

elections to state convention, 235;

vote on the Constitution, 235;

voters for members of Convention, 241;

economic interests and ratification of the Constitution, 282 ff.;

public securities in, 286;

conflict over ratification, 318.

Vote, popular, _see_ Elections.

Washington, George, and the Cincinnati, 39;

and land speculation, 49;

fears for the safety of the country, 58;

economic interests of, 144;

political philosophy of, 215.

Williamson, Hugh, and land speculation, 23, 50;

economic interests of, 146;

political philosophy of, 215.

Wilson, James, economic interests of, 147;

political philosophy of, 215.

Wilson, Woodrow, description of the movement for the Constitution, 61.

Women, legal position of, 24.

Working-class, and politics, 25.

Wythe, George, economic interests of, 148;

political philosophy of, 216.

-----

Footnote 1:

_The History of the Constitution of the United States_ (1882 ed.),

Vol. II, p. 284.

Footnote 2:

American Historical Review, Vol. II, p. 13.

Footnote 3:

Bancroft, _op. cit._, Vol. I, p. 6.

Footnote 4:

It has been left to a Russian to explain to Englishmen the origin of

Teutonism in historical writing. See the introduction to Vinogradoff,

_Villainage in England_. W. J. Ashley, in his preface to the

translation of Fustel de Coulanges, _Origin of Property in Land_,

throws some light on the problem, but does not attempt a systematic

study.

Footnote 5:

Note the painstaking documentation for the first chapters in Stubbs’

great work.

Footnote 6:

What Morley has said of Macaulay is true of many eminent American

historical writers: “A popular author must, in a thoroughgoing way,

take the accepted maxims for granted. He must suppress any whimsical

fancy for applying the Socratic elenchus; or any other engine of

criticism, scepticism, or verification to those sentiments or current

precepts or morals which may in truth be very equivocal and may be

much neglected in practice, but which the public opinion of his time

requires to be treated in theory and in literature as if they had been

cherished and held _semper, ubique, et ab omnibus_.” _Miscellanies_,

Vol. I, p. 272.

Footnote 7:

For instance, intimate connections can be shown between the vogue of

Darwinism and the competitive ideals of the mid-Victorian middle-class

in England. Darwin got one of his leading ideas, the struggle for

existence, from Malthus, who originated it as a club to destroy the

social reformers, Godwin, Condorcet, and others, and then gave it a

serious scientific guise as an afterthought.

Footnote 8:

See also the valuable and suggestive writings on American history by

Professor W. E. Dodd, of Chicago University; W. A. Schaper,

“Sectionalism in South Carolina,” _American Historical Association

Report_ (1900), Vol. I; A. Bentley, _The Process of Government_; C. H.

Ambler, _Sectionalism in Virginia_. There are three works by socialist

writers that deserve study: Simons, _Social Forces in American

History_; Gustavus Myers, _History of Great American Fortunes and

History of the Supreme Court_.

Footnote 9:

See Seligman, _The Economic Interpretation of History_.

Footnote 10:

Vincent, in his treatise on _Historical Research_ (1911), dismisses

the economic theory without critical examination.

Footnote 11:

The _Congressional Record_ requires more care in use than any other

great source of information on American politics.

Footnote 12:

Attention should be drawn, however, to the good work which is being

done in the translation of several European legal studies, the “Modern

Legal Philosophy Series,” under the editorial direction of the

Association of American Law Schools. Perhaps the most hopeful sign of

the times is the growth of interest in comparative jurisprudence. See

Borchard, “Jurisprudence in Germany,” Columbia Law Review, April,

1912.

Footnote 13:

For examples of Maitland’s suggestiveness, see the English Historical

Review, Vol. IX, p. 439, for a side light on the effect of money

economy on the manor and consequently on feudal law. See also the

closing pages of his _Constitutional History of England_, where he

makes constitutional law in large part the history of the law of real

property. “If we are to learn anything about the constitution, it is

necessary first and foremost that we should learn a good deal about

the land law. We can make no progress whatever in the history of

parliament without speaking of tenure; indeed our whole constitutional

law seems at times to be but an appendix to the law of real property”

(p. 538). Maitland’s entire marvellous chapter on “The Definition of

Constitutional Law” deserves the most careful study and reflection. He

was entirely emancipated from bondage to systematists (p. 539).

Footnote 14:

J. C. Carter, _The Proposed Codification of Our Common Law_ (1884),

pp. 6–8.

Footnote 15:

Of the newer literature on law, see the following articles by

Professor Roscoe Pound: “Do we need a Philosophy of Law?” Columbia Law

Review, Vol. V, p. 339; “Need of a Sociological Jurisprudence,” Green

Bag, Vol. XIX, p. 607; “Mechanical Jurisprudence,” Columbia Law

Review, Vol. VIII, p. 605; “Law in Books and Law in Action,” American

Law Review, Vol. XLIV, p. 12; Professor Munroe Smith, “Jurisprudence”

(in the Columbia University Lectures in Arts and Sciences); Goodnow,

_Social Reform and the Constitution_.

Footnote 16:

Consider, for example, the following remarks by this eminent Justice

in his dissenting opinion in the New York Bakery case: “This case is

decided upon an economic theory which a large part of the country does

not entertain.... The Fourteenth Amendment does not enact Mr. Herbert

Spencer’s _Social Statics_.... General propositions do not decide

concrete cases. The decision will depend on a judgment or intuition

more subtle than any articulate major premise.” 198 U. S. 75.

Footnote 17:

_Op. cit._, Vol. II, p. 367.

Footnote 18:

4 Wheaton, p. 316. No doubt the learned Justice was here more

concerned with discrediting the doctrine of state’s rights than with

establishing the popular basis of our government.

Footnote 19:

S. F. Miller, _Lectures on the Constitution_ (1891), p. 71.

Footnote 20:

_Op. cit._, Vol. II, p. 324.

Footnote 21:

See A. Bentley, _The Process of Government_.

Footnote 22:

In the preface to his first edition, Jhering says: “Die Schrift, von

der ich hiermit die erste Hälfte der Öffentlichkeit übergebe, ist eine

Ausläuferin von meinem Werk über den Geist des römischen Rechts. Der

letzte Band desselben ... schloss ab mit einer Grundlegung der Theorie

der Rechte im subjektiven Sinn, in der ich eine von der herrschenden

abweichende Begriffsbestimmung des Rechts im subjektiven Sinn gab,

indem ich an Stelle des Willens, auf den jene den Begriff desselben

gründete, das Interesse setze. Dem folgenden Bande war die weitere

Rechtfertigung und Verwertung dieses Gesichtspunktes Vorbehalten....

Der Begriff des Interesses nötigte mich, den Zweck ins Auge zu fassen,

und das Recht im subjektiven Sinn drängte mich zu dem im objektiven

Sinn, und so gestaltete sich das ursprüngliche Untersuchungsobjekt zu

einem ungleich erweiterten, zu dem des gegenwärtigen Buches: der Zweck

im Recht.... Der Grundgedanke des gegenwärtigen Werkes besteht darin,

dass der Zweck der Schöpfer des gesamten Rechts ist, dass es keinen

Rechtssatz gibt, der nicht einem Zweck, d.i. einem praktischen Motiv

seinen Ursprung verdankt.”

Footnote 23:

Was ist es, das den innersten Grund unserer politischen und socialen

Kämpfe bildet? Der Begriff des erworbenen Rechts ist wieder einmal

streitig geworden—und dieser Streit ist es, der das Herz der heutigen

Welt durchzittert und die tief inwendigste Grundlage der

politisch-socialen Kämpfe des Jahrhunderts bildet. Im Juristischen,

Politischen, Oekonomischen ist der Begriff des erworbenen Rechts der

treibende Springquell aller weitern Gestaltung, und wo sich das

Juristische als das Privatrechtliche völlig von dem Politischen

abzulösen scheint, da ist es noch viel politischer als das Politische

selbst, dann da ist es das sociale Element. Preface to _Das System der

erworbenen Rechte_ by Ferdinand Lassalle.

Footnote 24:

And before Madison’s century, Harrington had perceived its

significance. H. A. L. Fisher, _Republican Tradition in Europe_, p.

51.

Footnote 25:

Number 10.

Footnote 26:

The theory of the economic interpretation of history as stated by

Professor Seligman seems as nearly axiomatic as any proposition in

social science can be: “The existence of man depends upon his ability

to sustain himself; the economic life is therefore the fundamental

condition of all life. Since human life, however, is the life of man

in society, individual existence moves within the framework of the

social structure and is modified by it. What the conditions of

maintenance are to the individual, the similar relations of production

and consumption are to the community. To economic causes, therefore,

must be traced in the last instance those transformations in the

structure of society which themselves condition the relations of

social classes and the various manifestations of social life.” _The

Economic Interpretation of History_, p. 3.

Footnote 27:

The question of geographic distribution will be considered below,

Chap. X.

Footnote 28:

A few years ago a negro attendant at the Treasury sold a cart-load or

more of these records to a junk dealer. He was imprisoned for the

offence, but this is a small consolation for scholars. The present

writer was able to use some of the records only after a vacuum cleaner

had been brought in to excavate the ruins.

Footnote 29:

See below, p. 50.

Footnote 30:

See Curtis, _The Constitutional History of the United States_, Book I,

Chaps. II-VII; Fiske, _Critical Period of American History_; McMaster,

_History of the People of the United States_, Vol. I; Channing,

_History of the United States_, Vol. III.

Footnote 31:

See below, Chaps. IV and IX.

Footnote 32:

Working-men in the cities were not altogether indifferent spectators.

See Becker, _Political Parties in New York_. They would have doubtless

voted with the major interests of the cities in favor of the

Constitution as against the agrarians had they been enfranchised. In

fact, this is what happened in New York. See below, Chap. IX.

Footnote 33:

“If the authority be in their hands by the rule of suffrage,” struck

out in the Ms. See also the important note to this speech in Farrand,

_Records_, Vol. II, p. 204, note 17.

Footnote 34:

Farrand, _Records_, Vol. II, p. 203.

Footnote 35:

December 5, 1791. _State Papers: Finance_, Vol. I, p. 126.

Footnote 36:

Roosevelt, _Gouverneur Morris_, pp. 14 ff.

Footnote 37:

Ambler, _Sectionalism in Virginia_, p. 44.

Footnote 38:

Libby has shown the degree of correspondence between the rural vote on

paper money measures, designed for the relief of debtors, and the vote

against the ratification of the Constitution. _Op. cit._, pp. 50 ff.

Footnote 39:

See below, p. 205.

Footnote 40:

The landholders were able to do this largely because New York City was

the entry port for Connecticut and New Jersey. The opportunity to

shift the taxes not only to the consumers, but to the consumers of

neighboring states, was too tempting to be resisted.

Footnote 41:

For a paragraph on nascent capitalism in South Carolina, see W. A.

Schaper, “Sectionalism in South Carolina,” _American Historical

Association Report_ (1900), Vol. I. See the letter of Blount, Davie,

and Williamson to the governor of North Carolina, below, p. 169.

Footnote 42:

It is not without interest to note that about the time Calhoun made

this criticism of New England capitalist devices he was attempting to

borrow several thousand dollars from a Massachusetts mill owner to

engage in railway enterprise in the south.

Footnote 43:

See, however, _State Papers: Finance_, Vol. I, pp. 414 ff.

Footnote 44:

_Ibid._, Vol. I, pp. 442 ff.

Footnote 45:

See the picturesque description of the monetary system or lack of

system in Fiske, _Critical Period of American History_.

Footnote 46:

See below, p. 146.

Footnote 47:

_State Papers: Finance_, Vol. I, p. 451; also see below, pp. 261–2.

Footnote 48:

_State Papers: Finance_, Vol. I, p. 19.

Footnote 49:

W. De Knight, _History of the Currency_, p. 21.

Footnote 50:

_State Papers: Finance_, Vol. I, p. 325.

Footnote 51:

_Ibid._, Vol, I, p. 231.

Footnote 52:

Callender, not a very reliable authority on most matters concerning

Hamilton, claims that twenty-five million dollars was made by the

funding of the public debt, and that about ten millions more was made

out of the state debt assumption process. He further declared that a

public debt of eighty million dollars had been created of which only

about thirty millions was all that was necessary. Gallatin held also

that the unnecessary debt created by the assumption act amounted to

about eleven million dollars. Callender, _A History of the United

States for 1796_, pp. 224 ff. The ethics of redeeming the debt at face

value is not here considered although the present writer believes that

the success of the national government could not have been secured

under any other policy than that pursued by Hamilton. Callender claims

that those who held it were, in large measure, speculators and that

they made huge fortunes out of the transaction. By a stroke of the pen

the federal government created capital to the amount of millions in

the hands of the holders.

Footnote 53:

_A Statistical View of the Commerce of the United States_, p. 31.

Footnote 54:

Tables from Pitkin, _A Statistical View of the Commerce of the United

States_, pp. 367–368, and _An Account of the Receipts and Expenditures

of the United States for the Year 1795_, p. 65

Footnote 56:

Undoubtedly a large appreciation had taken place between 1787 and

1800.

Footnote 57:

“The public securities of the United States of America were a dead,

inactive kind of property, previous to the establishment of the

constitution of the new government; then they became at once the

object of avarice. They before had an existence as to value, on the

slender hope of having something done for them at some distant future

period; and obtained a motion only from the sagacity of the few, who

happened to be right in their conjectures respecting the then future

events of American financeering. Upon the adoption of the new system

of government they assumed all the properties of a rising credit, and

became an immense active capital for commerce.” James Sullivan, _An

Inquiry into the Origin and Use of Money_ (1792). Duane Pamphlets,

Library of Congress.

Footnote 58:

Tench Coxe, _A View of the United States of America_ (1795), p. 360.

Tucker, _Progress of the United States_ (1843), p. 205.

Footnote 59:

Farrand, _Records_, Vol. II, p. 114.

Footnote 60:

_Ibid._, Vol. II, p. 119.

Footnote 61:

_Ibid._, Vol. III, p. 43.

Footnote 62:

“A large majority of the officers of the army of the Revolution were

in favor of the new Constitution. The Cincinnati were mostly among its

warmest advocates; and as they were organized and were, many of them,

of exalted private and public worth and could act in concert through

all the states, their influence was foreseen and feared by its

opponents.” Blair, _The Virginia Convention of 1788_, Vol. I, p. 36,

note 41.

Footnote 63:

_American Museum_, Vol. I, p. 313. Other signers were C. Pettit, J.

Ross, I. Hazlehurst, M. Lewis, T. Coxe, R. Wells, J. M. Nesbit, J.

Nixon, J. Wilcocks, S. Howell, and C. Biddle.

Footnote 64:

_State Papers: Finance_, Vol. I, p. 9.

Footnote 65:

_American State Papers: Finance_, Vol. I, pp. 5 ff.

Footnote 66:

Carey, _American Museum_, Vol. IV, p. 348. See also Winsor, _Memorial

History of Boston_, Vol. IV, p. 77.

Footnote 67:

For illustrative evidence that the protection of manufactures and

shipping was being widely agitated previous to the adoption of the

Constitution, and that an extensive consciousness of identity of

interest was being developed among the individuals concerned, see the

articles in _The American Museum_, Vol. I, on American Manufactures;

Winsor, _Memorial History of Boston_, Vol. IV, Chap. III. See

memorials in _The American Museum_, from Philadelphia mercantile

interests (April 6, 1785), Vol. I, p. 313; from Boston merchants,

_ibid._, Vol. I, p. 320. For the merchants’ movement in New York, see

the Magazine of American History, April, 1893, pp. 324 ff.

Footnote 68:

Vol. I, p. 117.

Footnote 69:

M. Carey, _The American Museum_, for January, 1787, Vol. I, pp. 5 ff.

Footnote 70:

The Historical Magazine (1871), Vol. IX, Second Series, pp. 157 ff.

Footnote 71:

For an interesting and novel view of the state of commerce under the

Articles of Confederation, see Channing, _History of the United

States_, Vol. III, pp. 422 ff.

Footnote 72:

Haskins, _The Yazoo Land Companies_, p. 62. American Historical

Association Papers for 1891. See also the lists printed in A. M. Dyer,

_First Ownership of Ohio Lands_ (1911).

Footnote 73:

_Documentary History of the Constitution_, Vol. IV, p. 678.

Footnote 74:

But see Madison’s view as to the chief reason for calling the

Convention, below, p. 178.

Footnote 75:

A study of the newspapers of the period shows a large number of

prominent advocates of the Constitution among the merchants and

brokers advertising in the Federalist press.

Footnote 76:

Bancroft, _op. cit._, Book I, Chaps. II-VII; Fiske, _Critical Period_;

Marshall, _Life of Washington_ (1850 ed.), Vol. II, pp. 75 ff.

Footnote 77:

The Connecticut Courant, September 10, 1787.

Footnote 78:

Bancroft, _op. cit._, Vol. I, p. 29.

Footnote 79:

See below, p. 109.

Footnote 80:

Elliot’s _Debates_, Vol. I, p. 95. See below, Chaps. V and VII.

Footnote 81:

Bancroft, _op. cit._, Vol. I, p. 190.

Footnote 82:

See below, p. 263.

Footnote 83:

See above, p. 46 _n._

Footnote 84:

Ambler, _Sectionalism in Virginia_, p. 48.

Footnote 85:

Ms. Library of Congress: _Papers of the Continental Congress_

(Memorials), No. 41, Vol. VI, p. 283. Simpson, _Eminent

Philadelphians_.

Footnote 86:

_Ibid._, No. 42, Vol. VI, p. 254.

Footnote 87:

_Documentary History of the Constitution_, Vol. IV, p. 20.

Footnote 88:

_Documentary History of the Constitution_, Vol. IV, p. 30.

Footnote 89:

_Ibid._, Vol. IV, p. 83.

Footnote 90:

_Ibid._, Vol. IV, p. 88.

Footnote 91:

_Division and Reunion_, p. 12.

Footnote 92:

James Monroe to James Madison. New York, September 3, 1786. “I

consider the convention of Annapolis as a most important æra in our

affairs—the eastern men be assur’d mean it as leading further than the

object originally comprehended. If they do not obtain that things

shall be arranged to suit them in every respect, their intrigues will

extend to the objects I have suggested above—Pennsylvania is their

object—upon succeeding or failing with her they will gain or lose

confidence—I doubt not the emissaries of foreign countries will be on

the ground.” _Documentary History of the Constitution_, Vol. IV, p.

25.

Footnote 93:

_Political Science and Constitutional Law_, Vol. I, p. 103.

Footnote 94:

_Writings of James Madison_ (1865), Vol. I, p. 246.

Footnote 95:

On the suffrage and elections in general in the eighteenth century,

see the state constitutions in the well-known collections of Poore and

Thorpe; A. E. McKinley, _The Suffrage Franchise in the Thirteen

English Colonies_; Paullin’s “The First Elections under the

Constitution,” Iowa Journal of History and Politics, Vol. II; Jameson,

“Did the Fathers Vote,” New England Magazine, January, 1890; Thorpe,

_Constitutional History of the American People_; S. H. Miller, “Legal

Qualifications for Office,” _American Historical Association Report_

(1899), Vol. I; F. A. Cleveland, _Growth of Democracy_; C. F. Bishop,

_History of Elections in the American Colonies_; see below, Chap. IX.

Footnote 96:

The data on the constitutions here given are taken from Thorpe’s

collection, _Charters, Constitutions_, etc.

Footnote 97:

Senators were apportioned among the respective districts on the basis

of public taxes paid by the said districts.

Footnote 98:

_The Suffrage Franchise in the English Colonies_, p. 414.

Footnote 99:

_Greene’s Register for the State of Connecticut_, for the Year 1786,

p. 4.

Footnote 100:

Magazine of American History, April, 1893, p. 311.

Footnote 101:

See below, p. 241.

Footnote 102:

New York Journal, June 5, 1788.

Footnote 103:

_Ibid._

Footnote 104:

McKinley, _The Suffrage Franchise in the English Colonies_, p. 270.

Footnote 105:

Tench Coxe fixes the number of “taxables” in Pennsylvania at 39,765 in

1770 and 91,177 in 1793. _A View of the United States_, p. 413.

Footnote 106:

Ambler, _Sectionalism in Virginia_, p. 29, note 11; for details see

McKinley, _op. cit._, pp. 40 ff.

Footnote 107:

Schaper, “Sectionalism in South Carolina,” _American Historical

Association Report_ (1900), Vol. I, p. 368.

Footnote 108:

_Statutes at Large_ (S.C.), Vol. IV, p. 99.

Footnote 109:

See below, p. 242.

Footnote 110:

_Ibid._, p. 167.

Footnote 111:

Some of the states selected delegates before Congress issued the call.

Bancroft, _op. cit._, Vol. I, pp. 269 ff.

Footnote 112:

Herring, _National Portrait Gallery_, Vol. IV.

Footnote 113:

Ms. Treasury Department: _Connecticut Loan Office, Ledger B, Assumed

Debt_, folio 135; _ibid._, _Ledger C_, folio 135; _ibid._, _Ledger A_,

folio 136.

Footnote 114:

_Ibid._, _Ledger E, Treasury_, Vol. 44, folio 46; _Ledger C,

Treasury_, 6 per cents, Vol. 42, folio 55; and Treasury Ledgers,

_passim_. Consult Index.

Footnote 115:

It is here assumed that when a member of the Convention appears upon

the funding books of the new government he was a public creditor at

the time of the Convention. Of course, it is possible that some of the

members who are recorded as security holders possessed no paper when

they went to Philadelphia, but purchased it afterward for speculation.

But it is hardly to be supposed that many of them would sink to the

level of mere speculators. There is plenty of evidence for the

statement that many of the members did possess public paper _before_

the meeting of the Convention, but the incompleteness of the old

records prevents the fixing of the exact number. Those members who

purchased after the Convention for speculation must have had idle

capital seeking investment.

Footnote 116:

_Papers of the Delaware Historical Society_, No. XXIX (1900).

Footnote 117:

_National Encyclopædia of Biography_, Vol. XI, p. 530.

Footnote 118:

_History of the Bank of North America_, p. 68.

Footnote 119:

Ms. Treasury Department: _Ledger E, Treasury_, Vol. 44, folio 26; and

_ibid._, _Ledger C, Treasury_, 6 per cents, Vol. 42, folio 33.

Footnote 120:

_National Encyclopædia of Biography_, Vol. XI, p. 530.

Footnote 121:

Delaware Mss., _Tax Lists_; Library of Congress. This was probably the

father of the member of the Convention.

Footnote 122:

Ms. Treasury Department: _Loan Office, Delaware_, 1777–1784, see under

date, May, 1779.

Footnote 123:

_Journal C_; _Register of Certificates_ (1777); and _Ledger C_.

Footnote 124:

_Biographia Americana_, p. 48.

Footnote 125:

Farrand, _Records_, Vol. III, p. 95.

Footnote 126:

Ms. Treasury Department: _Loan Office (Va.) Register of

Subscriptions_, 1791, see date March 8, 1791.

Footnote 127:

_Ibid._, _Register of Certificates of Public Debt Presented_.

Footnote 128:

_Ibid._, _Virginia Loan Office, 1791_, under date September 30, 1791.

Footnote 129:

_National Encyclopædia of Biography_, Vol. VII, p. 206.

Footnote 130:

Haskins, _The Yazoo Companies_, p. 83.

Footnote 131:

_Encyclopædia of Biography_, Vol. VII, p. 206.

Footnote 132:

Ms. Treasury Department: _Loan Office, N. C., 1791–1797_, folio 75.

Footnote 133:

_The Brearley Family Genealogy_ (Library of Congress).

Footnote 134:

_Biographia Americana_, p. 49.

Footnote 135:

L. Elmer, _Constitution and Government of New Jersey_, p. 274.

Footnote 136:

Ms. Treasury Department: _Register—Loan Office, N.J._, under date,

Feb. 1779.

Footnote 137:

_Ibid._, _Loan Office, N. J., Ledger_ C/2, folio 38.

Footnote 138:

_Brearley Family Genealogy_ (L. C.).

Footnote 139:

See records in Treasury for N. J. Loan Office, _passim_; also _Family

Genealogy_.

Footnote 140:

_Genealogy._

Footnote 141:

W. W. Campbell, _Life and Character of Jacob Broom_, Papers of the

Historical Society of Delaware, Vol. LI, pp. 10, 26.

Footnote 142:

_History of the Insurance Company of North America_, p. 138.

Footnote 143:

Campbell, _op. cit._, p. 26.

Footnote 144:

Ms. Treasury Department: _Ledger E, Treasury_, 3%, Vol. 44, folio 67;

also _ibid._, _Ledger C, Treasury_, 6%, Vol. 42, folio 67.

Footnote 145:

_Calendar Madison Correspondence_, under Broom.

Footnote 146:

_National Encyclopædia of Biography_, Vol. II, p. 162.

Footnote 147:

Farrand, _Records_, Vol. III, p. 97.

Footnote 148:

Ms. Treasury Department: _Loan Office, S. C., 1791–1797_, folio 128.

The entry in the ledger notes the residence of Sarah Butler as

Charleston; there was another Sarah Butler in South Carolina at the

time, but according to the first Census she did not reside in that

city. For the evidence that Sarah Butler was the daughter of Pierce

Butler, see Salley, _South Carolina Marriages_, p. 108, for the record

of her marriage.

Footnote 149:

Farrand, _Records_, Vol. III, p. 93.

Footnote 150:

Madison Ms: Letter to James Madison, October 28, 1787. Library of

Congress.

Footnote 151:

_State Papers: Finance_, Vol. I, p. 6.

Footnote 152:

Ms. Treasury Department: _Loan Office, Maryland, 1790–1797_, folio 98;

_Loan Office_, Penna., 1790–1791, folio 94; _Ledger C, 3% Stock_

(_Pa._), folio 54. _Alphabet to Dividend Book of Domestic Debt,

Maryland_, under “C” (book not found). Charles Carroll was also a

holder of securities. Ms. Treasury Department: _Maryland Loan Office,

1790–1797_, folios 157 and 226 for over $5000 worth of sixes and

threes.

Footnote 153:

Scharf, _History of Western Maryland_, Vol. I, p. 679; H. Crew,

_History of Washington_, p. 108.

Footnote 154:

_Magazine of American History_, Vol. V, p. 196.

Footnote 155:

Sanderson, _Biography of the Signers_ (1831 ed.), Vol. III, p. 147.

Footnote 156:

Sanderson, _ibid._, p. 150.

Footnote 157:

Simpson, _Lives of Eminent Philadelphians_ (1859 ed.), p. 693.

Footnote 158:

Sanderson, _ibid._, p. 147.

Footnote 159:

McMaster and Stone, _Pennsylvania and the Federal Constitution_, p.

705.

Footnote 160:

Ms. Treasury Department: _Ledger C_, 3% Stock, _Pa._, folio 231; see

also _Ledger E, Treasury_, 3%, Vol. 44, folio 170; and _Ledger C,

Treasury_, 6%, Vol. 42, folio 114. The existence of this latter small

account in sixes in 1797 is the basis for the surmise above that

Clymer held also his quota of sixes. With his business acumen he might

very well have disposed of most of this stock after “taking the rise”

in 1787–1792, for he could have made more money in business than from

the interest which the government paid.

Footnote 161:

Peele, _Lives of Distinguished North Carolinians_, p. 59.

Footnote 162:

_Ibid._, p. 69.

Footnote 163:

_Ibid._, p. 69.

Footnote 164:

_Ibid._, p. 80.

Footnote 165:

_Ibid._, p. 78.

Footnote 166:

_State Papers: Public Lands_, Vol. I, pp. 104–106.

Footnote 167:

_Ibid._, p. 129.

Footnote 168:

_Ibid._, p. 118.

Footnote 169:

John Wood, _Suppressed History of the Administration of John Adams_,

pp. 149 ff.

Footnote 170:

Ms. Treasury Department: _N. Y. Loan Office, 1791_, folio 130.

Footnote 171:

_Ibid._, _N. Y. Office, Deferred 6%, 1790–1796_, folio 208.

Footnote 172:

_Ibid._, _Ledger B, New York Office, Deferred 6% Stock, 1790_, folio

55.

Footnote 173:

J. Wood, _Suppressed History of the Administration of John Adams_

(1846 ed.), p. 145.

Footnote 174:

Stillé, _Life and Times of John Dickinson_, p. 14.

Footnote 175:

_Ibid._, p. 35.

Footnote 176:

_Eminent Philadelphians_, p. 747.

Footnote 177:

Stillé, p. 331.

Footnote 178:

_Ibid._, p. 327.

Footnote 179:

The Index in the Treasury Department gives the name of John Dickinson

among the security holders, but the volume referred to was not found.

Footnote 180:

Morris Ms. in the Library of Congress, _Private Letter Book_, Vol.

III, p. 160.

Footnote 181:

G. Brown, _The Life of Oliver Ellsworth_, p. 11.

Footnote 182:

Brown, _ibid._, p. 23.

Footnote 183:

Ms. Treasury Department: _Connecticut Loan Office, Ledgers A, B, and

C_, folio 21 in each volume.

Footnote 184:

Consult same volumes through the Index.

Footnote 185:

Facts here are taken from his _Autobiography_, in the Magazine of

American History, Vol. VII, pp. 343 ff.

Footnote 186:

Haskins, _The Yazoo Land Companies_, p. 81.

Footnote 187:

Ms. Treasury Department: _Register of Certificates of Public Debt

Presented to the Auditor of the Treasury_.

Footnote 188:

Volume 31, folio 346.

Footnote 189:

McMaster and Stone, _Pennsylvania and the Federal Constitution_, p.

706.

Footnote 190:

Simpson, _Eminent Philadelphians_, p. 373.

Footnote 191:

McMaster and Stone, _op. cit._, p. 707.

Footnote 192:

Simpson, _op. cit._, 373.

Footnote 193:

Sumner, _The Financier and the Finances of the Revolution_, Vol. II,

p. 294.

Footnote 194:

Maclay, _Journal_ (1890 ed.), p. 178.

Footnote 195:

Ms. Treasury Department: _Register of Certificates of Public Debt

Presented to the Auditor of the Treasury_.

Footnote 196:

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