On the first of May, there were public rejoicings and a procession of

the trades, in Baltimore, followed by a banquet, a ball, and an

illumination. In this procession, the miniature ship "Federalist,"

which was afterwards presented to General Washington, and long rode at

anchor in the Potomac opposite Mount Vernon, was carried, as the type

of commerce and the consummate production of American naval

architecture.[425] The next day a packet sailed from the port of

Baltimore for Charleston, carrying the news of the ratification by

Maryland.[426] In how many days this "coaster" performed her voyage

is not known; but it is a recorded, though now forgotten, fact among

the events of this period, that on her return to Baltimore, where she

arrived on Saturday the 31st of May, the same vessel brought back the

welcome intelligence, that on the 23d of that month, "at five o'clock

in the afternoon," the convention of South Carolina had ratified the

Constitution of the United States. A salute of cannon on Federal Hill,

in the neighborhood of Baltimore, spread the joyful news far down the

waters of the Chesapeake to the shores of Virginia, and bold express

riders placed it in Philadelphia before the following Monday evening.

Such was the anxiety with which the friends of the Constitution in the

centre of the Union watched the course of events in the remaining

States. The accession of South Carolina was naturally regarded as very

important. Her delegates in the national Convention had assumed what

might be thought, at home and elsewhere, to be a great responsibility.

They had taken a prominent part in the settlement of the compromises

which became necessary between the Northern and the Southern States.

They had consented to a full commercial power, to be exercised by a

majority in both houses of Congress; to a power to extinguish the

slave-trade in twenty years; and to a power of direct and indirect

taxation, exports alone excepted. Would the people of South Carolina

consider the provisions made for their peculiar demands as equivalents

for what had been surrendered? Would they acquiesce in a system

founded in the necessities for local sacrifices, standing as they did

at the extremity of the interests involved in the Southern side of the

adjustment?

It is not probable that the people of South Carolina, at the time of

their adoption of the Constitution, supposed that they had any solid

reasons for dissatisfaction with such of its arrangements as in any

way concerned the subject of slavery. A good deal was said, _ad

captandum_, by the opponents of the Constitution, on these points, but

it does not appear to have been said with much effect. No man who has

ever been placed by the State of South Carolina in a public position,

has been more true to her interests and rights than General Pinckney;

and General Pinckney furnished to the people of the State--speaking

from his place in the legislature on his return from the national

Convention--what he considered, and they received, as a complete

answer to all that was addressed to their local fears and prejudices,

on these particular topics. When he had shown that, by the universal

admission of the country, the Constitution had given to the general

government no power to emancipate the slaves within the several

States, and that it had secured a right which did not previously

exist, of recovering those who might escape into other States; that

the slave-trade would remain open for twenty years, a period that

would suffice for the supply of all the labor of that kind which the

State would require; and that the admission of the blacks into the

basis of representation was a concession in favor of the State, of

singular importance as well as novelty;--he had disposed of every

ground of opposition relating to these points. And so the people of

the State manifestly considered.

But there was one part of the arrangements included in the

Constitution, on which they appear to have thought that they had more

reason to pause; and it is quite important that we should understand

both the grounds of their doubt, and the grounds on which they yielded

their assent to this part of the system. South Carolina was then, and

was ever likely to be, a great exporting State. Some of her people

feared that, if a full power to regulate commerce by the votes of a

majority in the two houses of Congress were to be exercised in the

passage of a navigation act, the Eastern States, in whose behalf they

were asked to grant such a power, would not be able to furnish

shipping enough to export the products of the planting States. This

apprehension arose entirely from a want of information; which some of

the friends of the Constitution supplied, while it was under

discussion. They showed that, if all the exported products of

Virginia, the Carolinas, and Georgia were obliged to be carried in

American bottoms, the Eastern States were then able to furnish more

than shipping enough for the purpose; and that this shipping must also

compete with that of the Middle States. Still it remained true, that

the grant of the commercial power would enable a majority in Congress

to exclude foreign vessels from the carrying trade of the United

States, and so far to enhance the freights on the products of South

Carolina. What then were the motives which appear to have led the

convention of that State to agree to this concession of the commercial

power?

It is evident from the discussions which took place in the

legislature, and which had great influence in the subsequent

convention, that the attention of the people of South Carolina was not

confined to the particular terms and arrangements of the compromises

which took place in the formation of the Constitution. They looked to

the propriety, expediency, and justice of a general power to regulate

commerce, apart from the compromise in which it was involved. They

admitted the commercial distresses of the Northern States; they saw

the policy of increasing the maritime strength of those States, in

order to encourage the growth of a navy; and they considered it

neither prudent, nor fit, to give the vessels of all foreign nations a

right to enter American ports at pleasure, in peace and in war, and

whatever might be the commercial legislation of those nations towards

the United States. For these reasons, a large majority of the people

of South Carolina were willing to make so much sacrifice, be it more

or less, as was involved in the surrender to a majority in Congress

of the power to regulate commerce.[427]

Still, the Constitution was not ratified without a good deal of

opposition on the part of a considerable minority. As the convention

drew towards the close of its proceedings, an effort was made to carry

an adjournment to the following autumn, in order to gain time for the

anticipated rejection of the Constitution by Virginia. This motion

probably stimulated the convention to act more decisively than they

might otherwise have done, for it touched the pride of the State in

the wrong direction. After a spirited discussion it was rejected by a

majority of forty-six votes, and the Constitution was thereupon

ratified by a majority of seventy-six. Several amendments were then

adopted, to be presented to Congress for consideration, three of which

were substantially the same with three of those proposed by

Massachusetts.[428]

On the 27th of May, there was a great procession of the trades, in

Charleston, in honor of the accession of the State, in which the ship

Federalist, drawn by eight white horses, was a conspicuous object, as

it had been in the processions of other cities.

FOOTNOTES:

[411] See an account of him, _ante_, Vol. I. Book III. Chap. XIV.

[412] This was a mistake. On the 12th of September, Messrs. Gerry and

Mason moved for a committee to prepare a bill of rights, but the

motion was lost by an equal division of the States. Elliot, V. 538.

[413] Mr. McKean, although his residence was at Philadelphia,

represented the lower counties of Delaware in Congress from 1774 to

1783. In 1777 he was made Chief Justice of Pennsylvania, being at the

same time a member of Congress and President of the State of Delaware.

[414] The Constitution was ratified by a vote of 46 to 23.

[415] This was at a meeting held at Harrisburg, September 3d, 1788.

[416] The opposite parties were so much excited against each other,

and the course of New Jersey was viewed with so much interest at

Philadelphia among the "Federalists," that a story found currency and

belief there, to the effect that Clinton, the Governor of New York,

had offered the State of New Jersey, through one of its influential

citizens, one half of the impost revenue of New York, if she would

reject the Constitution. The preposterous character of such a

proposition stamps the rumor with gross improbability. But its

circulation evinces the anxiety with which the course of New Jersey

was regarded in the neighboring States, and it is certain that the

opposition in New York made great efforts to influence it.

[417] The situation of Georgia was brought to the notice of Washington

immediately after his first inauguration as President of the United

States, in an Address presented to him by the legislature of the

State, in which they set forth two prominent subjects on which they

looked for protection to "the influence and power of the Union." One

of these was the exposure of their frontier to the ravages of the

Creek Indians. The other was the escape of their slaves into Florida,

whence they had never been able to reclaim them. Both of these matters

received the early attention of Washington's administration.

[418] He stated the annual expenditure of the government, including

the interest on the foreign debt, at £260,000 (currency), and then

showed that, in the three States of Massachusetts, New York, and

Pennsylvania, £160,000 or £180,000 per annum had been raised by

impost.

[419] Fragments only of the debates in the convention of Connecticut

are known to be preserved. They may be found in the second volume of

Elliot's collection.

[420] Three of them, Widgery, Thompson, and Nason, were from Maine;

there was a Dr. Taylor from the county of Worcester, and a Mr. Bishop

from the county of Bristol. These gentlemen carried on the greater

part of the discussion against the Constitution.

[421] Theophilus Parsons, afterwards the celebrated Chief Justice of

Massachusetts.

[422] Yeas, 187; nays, 168.

[423] This was the first of a series of similar pageants, which took

place in the other principal cities of the Union, in honor of the

ratification of the Constitution.

[424] The form of ratification and the amendments introduced by

Hancock into the convention of Massachusetts were drawn by Theophilus

Parsons. They were probably communicated to General Sullivan, the

President of the New Hampshire convention, by his brother, James

Sullivan, an eminent lawyer of Boston, afterwards Governor of

Massachusetts. The reader should compare the Massachusetts amendments

with those of the other States whose action followed that of

Massachusetts, for the purpose of seeing the influence which they

exerted. (All the amendments may be found in the Journals of the Old

Congress, Vol. XIII., Appendix.) See also _post_, Chap. III., as to

the effect of the course of Massachusetts on the mind of Jefferson.

[425] This little vessel sailed from Baltimore on the 1st of June, and

arrived at Mount Vernon, "completely rigged and highly ornamented," on

the 8th. It was a fine specimen of the then state of the mechanic

arts. See an account of it in Washington's Works, IX. 375, 376.

[426] There was then no land communication between the two places,

that could have carried intelligence in less than a month. A letter

written by General Pinckney to General Washington on the 24th of May,

announcing the result in South Carolina, was more than four weeks on

its way to Mount Vernon. (Washington's Works, IX. 389.) General

Washington had received the same news by way of Baltimore soon after

its arrival there.

[427] See the course of argument of Edward Rutledge, General Pinckney,

Robert Barnwell, Commodore Gillon, and others, as given in Elliot, IV.

253-316.

[428] See the Amendments, Journals of the Old Congress, Vol. XIII.,

Appendix.

CHAPTER III

RATIFICATIONS OF NEW HAMPSHIRE, VIRGINIA, AND NEW YORK, WITH PROPOSED

AMENDMENTS.

South Carolina was the eighth State that had ratified the

Constitution, and one other only was required for its inauguration. In

this posture of affairs the month of May in the year 1788 was closed.

An intense interest was to be concentrated into the next two months,

which were to decide the question whether the Constitution was ever to

be put into operation. The convention of Virginia was to meet on the

2d, and that of New York on the 17th, of June; the convention of New

Hampshire stood adjourned to the 18th of the same month. The latter

assembly was to meet at Concord, from which place intelligence would

reach the Middle and Southern States through Boston and the city of

New York. The town of Poughkeepsie, where the convention of New York

was to sit, lay about midway between the cities of Albany and New

York, on the east bank of the Hudson. The land route from the city of

New York to Richmond, where the convention of Virginia was to meet,

was of course through the city of Philadelphia. The distance from

Concord to Poughkeepsie, through Boston, Springfield, and Hudson, was

about two hundred and fifty miles. The distance from Poughkeepsie to

Richmond, through the cities of New York, Philadelphia, and Baltimore,

was about four hundred and fifty miles. The public mails, over any

part of these distances, were not carried at a rate of more than fifty

miles for each day, and over a large part of them they could not have

been carried so fast. The information needed at such a crisis could

not wait the slow progress of the public conveyances.

No one could tell how long the conventions of New York and Virginia

might be occupied with the momentous question that was to come before

them. It was evident, however, that there was to be a great struggle

in both of them, and it was extremely important that intelligence of

the final action of New Hampshire should be received in both at the

earliest practicable moment. For, whatever might be the weight due to

the example of New Hampshire under other circumstances, if, before the

conventions of New York and Virginia had decided, it should appear

that nine States had ratified the Constitution, the course of those

bodies might be materially influenced by a fact of so much consequence

to the future position of the Union, and to the relations in which

those two States were to stand to the new government. It was equally

important, too, that whatever might occur in the conventions of New

York and Virginia should be known respectively in each of them, as

speedily as possible. About the middle of May, therefore, Hamilton

arranged with Madison for the transmission of letters between Richmond

and Poughkeepsie, by horse expresses; and by the 12th of June he had

made a similar arrangement with Rufus King, General Knox, and other

Federalists at the East, for the conveyance from Concord to

Poughkeepsie of intelligence concerning the result in New Hampshire.

A very full convention of delegates of the people of Virginia

assembled at Richmond on the 2d of June, embracing nearly all the most

eminent public men of the State, except Washington and Jefferson. All

parties felt the weight of responsibility resting upon the State.

Every State that had hitherto acted finally on the subject had

ratified the Constitution; in three of them it had been adopted

unanimously; in several of the others it had been sanctioned by large

majorities; and in those in which amendments had been proposed, they

had not been made conditions precedent to the adoption. So far,

therefore, as the voice of any State had pronounced the Constitution

defective, or dangerous to any general or particular interest, the

mode of amendment provided by it, to be employed after it had gone

into operation, had been relied upon as sufficient and safe. The

opposition in Virginia were consequently reduced to this

dilemma;--they must either take the responsibility of rejecting the

Constitution entirely, or they must assume the equally hazardous

responsibility of insisting that the ratification of the State should

be given only upon the condition of previous amendments. They were

prepared to do both, or either, according to the prospects of success;

for their convictions were fixed against the system proposed; their

abilities, patriotism, courage, and personal influence were of a high

order; and their devotion to what they deemed the interests of

Virginia was unquestionable.

They were led, as I have already said they were to be, by Patrick

Henry, whose reputation had suffered no abatement since the period

when he blazed into the darkened skies of the Revolution,--when his

untutored eloquence electrified the heart of Virginia, and became, as

has been well said, even "a cause of the national independence."[429]

He had held the highest honors of the State, but had retired, poor,

and worn down by twenty years of public service, to rescue his private

affairs by the practice of a profession which, in some of its duties,

he did not love, and for which he had, perhaps, a single qualification

in his amazing oratorical powers. His popularity in Virginia was

unbounded. It was the popularity that attends genius, when thrown with

heart and soul, and with every impulse of its being, into the cause of

popular freedom; and it was a popularity in which reverence for the

stern independence and the self-sacrificing spirit of the patriot was

mingled with admiration for the splendid gifts of oratory which

Nature, and Nature alone, had bestowed upon him. But Mr. Henry was

rightly appreciated by his contemporaries. They knew that, though a

wise man, his wisdom lacked comprehensiveness, and that the mere

intensity with which he regarded the ends of public liberty was likely

to mislead his judgment as to the means by which it was to be secured

and upheld. The chief apprehension of his opponents, on this important

occasion, was lest the power of his eloquence over the feelings or

prejudices of his auditory might lead the sober reflections of men

astray.

He was at this time fifty-two years of age. Although feeling or

affecting to feel himself an old and broken man, he was yet

undoubtedly master of all his natural powers. Those powers he exerted

to the utmost, to defeat the Constitution in the convention of

Virginia. He employed every art of his peculiar rhetoric, every

resource of invective, of sarcasm, of appeal to the fears of his

audience for liberty; every dictate of local prejudice and State

pride. But he employed them all with the most sincere conviction that

the adoption of the proposed Constitution would be a wrong and

dangerous step. Nor is it surprising that he should have so regarded

it. He had formed to himself an ideal image which he was fond of

describing as the American spirit. This national spirit of liberty,

erring perhaps at times, but in the main true to right and justice as

well as to freedom, was with him a kind of guardian angel of the

republic. He seems to have considered it able to correct its own

errors without the aid of any powerful system of general

government,--capable of accomplishing in peace all that it had

unquestionably effected for the country in war. As he passed out of

the troubles and triumphs of the Revolution into the calmer atmosphere

of the Confederation, his reliance on this American spirit, and his

jealousy for the maxims of public liberty, led him to regard that

system as perfect, because it had no direct legislative authority. He

could not endure the thought of a government, external to that of

Virginia, and yet possessed of the power of direct taxation over the

people of the State. He regarded with utter abhorrence the idea of

laws binding the people of Virginia by the authority of the people of

the United States; and thinking that he saw in the Constitution a

purely national and consolidated government, and refusing to see the

federal principle which its advocates declared was incorporated in its

system of representation, he shut his eyes resolutely upon all the

evils and defects of the Confederation, and denounced the new plan as

a monstrous departure from the only safe construction of a Union. He

belonged, too, to that school of public men--some of whose principles

in this respect it is vain to question--who considered a Bill of

Rights essential in every republican government that is clothed with

powers of direct legislation.

On the first day of the session, at the instance of Mr. Mason, the

convention determined not to take a vote upon any question until the

whole Constitution had been debated by paragraphs; but the

discussions in fact ranged over the whole instrument without any

restriction. The opposition was opened by Henry, in a powerful speech

of a general nature, in which he demanded the reasons for such a

radical change in the character of the general government. That the

new plan was a consolidated government, and not a confederacy, he held

to be indisputable. The language of the preamble, which said _We, the

People_, and not _We, the States_, made this perfectly clear. But

States were the characteristics and the soul of a confederation. If

States were not to be the agents of this new compact, it must be one

great, consolidated, national government of the people of all the

States. This perilous innovation, altogether beyond the powers of the

Convention which had proposed it, had given rise to differences of

opinion which had gone to inflammatory resentments in different parts

of the country. He denied altogether the existence of any necessity

for exposing the public peace to such a hazard.

As soon as Henry had sat down, the Governor, Edmund Randolph, rose, to

place himself in a position of some apparent inconsistency. He had, as

we have seen, refused to sign the Constitution. On his return to

Virginia, he had addressed a long, exculpatory letter to the Speaker

of the House of Delegates, giving his reasons for this refusal; which

were, in substance, that he considered the Constitution required

important amendments, and that, as it would go to the conventions of

the States to be accepted or rejected as a whole, without power to

amend, he thought that his signature would preclude him from proposing

the changes and additions which he deemed essential. This letter had

attracted much attention both in and out of Virginia, and Randolph was

consequently, up to this moment, regarded as a firm opponent of the

Constitution. He chose, however, to incur the charge of that kind of

inconsistency which a statesman should never hesitate to commit, when

he finds that the public good is no longer consistent with his

adherence to a former opinion. He declared that the day of previous

amendments had passed. The ratification of the Constitution by eight

States had placed Virginia and the country in a critical position. If

the Constitution should not be adopted by the number of States

required to put it into operation, there could be no Union; and if it

were to be ratified by that number, and Virginia were to reject it,

she would have at least two States at the south of her which would

belong to a confederacy of which she would not be a member. He should,

therefore, vote for the unconditional adoption of the Constitution,

looking to future amendments, although he had little expectation that

they would be made.

This announcement took the opposition by surprise. But they relaxed

none of their efforts. They subjected every part of the Constitution

to a rigid scrutiny, and to the most subtle course of reasoning, as

well as to one which addressed the prejudices of the common mind. Some

of the most important only of the topics on which they enlarged can be

noticed here.

Their first and chief object was to show that the Constitution

presented a national and consolidated government, in the place of the

Confederation, and that under such a government the liberties of the

people of the States could not be secure. This character of the

proposed government Mr. Mason deduced from the power of direct

taxation, which, he contended, entirely changed the confederacy into

one consolidated government. This power, being at discretion and

unrestrained, must carry everything before it. The general government

being paramount to, and in every respect more powerful than, the State

governments, the latter must give way; for two concurrent powers of

direct taxation cannot long exist together. Assuming that taxes were

to be levied for the use of the general government, the mode in which

they were to be assessed and collected was of the utmost consequence,

and it ought not to be surrendered by the people of Virginia to those

who had neither a knowledge of their situation nor a common interest

with them. He would cheerfully acquiesce in giving an effectual

alternative for the power of direct taxation. He would give the

general government power to demand their quotas of the States, with an

alternative of laying direct taxes in case of non-compliance. The

certainty of this conditional power would, in all probability, prevent

the application of it, and the sums necessary for the Union would then

be raised by the States, and by those who would best know how they

could be raised.

Mr. Henry took a broader ground. He argued that the Constitution

presented a consolidated government, because it spoke in the name of

the People, and not in the name of the States. It was neither a

monarchy like England,--a compact between prince and people, with

checks on the former to secure the liberty of the latter; nor a

confederacy like Holland,--an association of independent States, each

retaining its individual sovereignty; nor yet a democracy, in which

the people retain securely all their rights. It was an alarming

transition from a confederacy to a consolidated government. It was a

step as radical as that which separated us from Great Britain. The

rights of conscience, trial by jury, liberty of the press, all

immunities and franchises, all pretensions to human rights and

privileges, were rendered insecure, if not lost, by such a transition.

It was said that eight States had adopted it. He declared that, if

twelve States and a half had adopted it, he would, with manly

firmness, and in spite of an erring world, reject it. "You are not to

inquire," said he, "how your trade may be increased, or how you are to

become a great and prosperous people, but how your liberties may be

secured";--and then, kindling with the old fire of his earlier days,

and with the recollection of what he had done and suffered for the

liberties of his country, he broke forth in one of his most indignant

and impassioned moods.[430]

Madison, always cool, clear, and sensible, answered these objections.

He described the new government as having a mixed character. It would

be in some respects federal, in others consolidated. The manner in

which it was to be ratified established this double character. The

parties to it were to be the people, but not the people as composing

one great society, but the people as composing thirteen sovereignties.

If it were a purely consolidated government, the assent of a majority

of the people would be sufficient to establish it. But it was to be

binding on the people of a State only by their own separate consent;

and if adopted by the people of all the States, it would be a

government established, not through the intervention of their

legislatures, but by the people at large. In this respect, the

distinction between the existing and the proposed governments was very

material.

The mode in which the Constitution was to be amended also displayed

its mixed character. A majority of the States could not introduce

amendments, nor yet were all the States required; three fourths of

them must concur in alterations; and this constituted a departure from

the federal idea. Again, the members of one branch of the legislature

were to be chosen by the people of the States in proportion to their

numbers; the members of the other were to be elected by the States in

their equal and political capacities. Had the government been

completely consolidated, the Senate would have been chosen in the same

way as the House; had it been completely federal, the House would have

been chosen in the same way as the Senate. Thus it was of a complex

nature; and this complexity would be found to exclude the evils of

absolute consolidation and the evils of a mere confederacy. Finally,

if Virginia were separated from all the States, her power and

authority would extend to all cases; in like manner, were all powers

vested in the general government, it would be a consolidated

government; but the powers of the general government are enumerated;

it can only operate in certain cases; it has legislative powers on

defined and limited objects, beyond which it cannot extend its

jurisdiction.

With respect to the powers proposed to be conferred on the new

government, he conceived that the question was whether they were

necessary. If they were, Virginia was reduced to the dilemma of either

submitting to the inconvenience which the surrender of those powers

might occasion, or of losing the Union. He then proceeded to show the

necessity for the power of direct taxation; and in answer to the

apprehended danger arising from this power united with the

consolidated nature of the government,--thus giving it a tendency to

destroy all subordinate or separate authority of the States,--he

admitted that, if the general government were wholly independent of

the governments of the States, usurpation might be expected to the

fullest extent; but as it was not so independent, but derived its

authority partly from those governments, and partly from the

people,--the same source of power,--there was no danger that it would

destroy the State governments.

In this manner, extending to all the details of the Constitution, the

discussion proceeded for nearly a week, the opposition aiming to show

that at every point it exposed the liberties of the people to great

hazards; Henry sustaining nearly the whole burden of the argument on

that side, and fighting with great vigor against great odds.[431] At

length, finding himself sorely pressed, he took advantage of an

allusion made by his opponents to the debts due from the United States

to France, to introduce the name of Jefferson.

"I might," said he, "not from public authority, but from good

information, tell you that his opinion is that you reject this

government. His character and abilities are in the highest estimation;

he is well acquainted in every respect with this country; equally so

with the policy of the European nations. This illustrious citizen

advises you to reject this government till it be amended. His

sentiments coincide entirely with ours. His attachment to, and

services done for, this country are well known. At a great distance

from us, he remembers and studies our happiness. Living in splendor

and dissipation, he thinks yet of Bills of Rights,--thinks of those

little, despised things called _maxims_. Let us follow the sage

advice of this common friend of our happiness."[432]

At the time when Mr. Henry made this statement, he had seen a letter

written by Mr. Jefferson from Paris, in the preceding February, which

was much circulated among the opposition in Virginia, and in which Mr.

Jefferson had expressed the hope that the first nine conventions might

accept the Constitution, and the remaining four might refuse it, until

a Declaration of Rights had been annexed to it.[433] Mr. Henry chose

to construe this into an advice to _Virginia_ to reject the

Constitution. But this use of Mr. Jefferson's opinion was not strictly

justifiable, since Virginia, in the actual order of events, might be

the ninth State to act; for the convention of New Hampshire was not to

reassemble until nearly three weeks after the first meeting of that of

Virginia, in which Mr. Henry was then speaking. The friends of the

Constitution, therefore, became somewhat restive under this attempt to

employ the influence of Jefferson against them. Without saying

anything disrespectful of him, but, on the contrary, speaking of him

in the highest terms of praise and honor, they complained of the

impropriety of introducing his opinion,--saying that, if the opinions

of important men not within that convention were to govern its

deliberations, they could adduce a name at least equally great on

their side;[434] and they then contended that Mr. Jefferson's letter

did not admit of the application that had been given to it.[435] But

the truth was, that the assertions of his opponents respecting New

Hampshire, and the ambiguous form of Mr. Jefferson's opinion, gave

Henry all the opportunity he wanted to employ that opinion for the

purpose for which he introduced it. "You say," said he, "that you are

absolutely certain New Hampshire will adopt this government. Then she

will be the ninth State; and if Mr. Jefferson's advice is of any

value, and this system requires amendments, we, who are to be one of

the four remaining States, ought to reject it until amendments are

obtained."[436]

Notwithstanding the efforts of Madison to counteract this artifice, it

gave the opposition great strength, because it enabled them to throw

the whole weight of their arguments against the alleged defects and

dangers of the Constitution into the scale of an absolute rejection.

Mr. Jefferson's subsequent opinion, formed after he had received

intelligence of the course of Massachusetts, had not then been

received, and indeed did not reach this country until after the

convention of Virginia had acted.[437] The opposition went on,

therefore, with renewed vigor, to attack the Constitution in every

part which they considered vulnerable.

Among the topics on which they expended a great deal of force was

that of the navigation of the Mississippi. They employed this subject

for the purpose of influencing the votes of members who represented

the interests of that part of Virginia which is now Kentucky. They

first extorted from Madison, and other gentlemen, who had been in the

Congress of the Confederation, a statement of the negotiations which

had nearly resulted in a temporary surrender of the right in the

Mississippi to Spain.[438] They then made use of the following

argument. It had appeared, they said, from those transactions, that

the Northern and Middle States, seven in number,[439] were in favor of

bartering away this great interest for commercial privileges and

advantages; that those States, particularly the Eastern ones, would be

influenced further by a desire to suppress the growth of new States in

the Western country, and to prevent the emigration of their own people

thither, as a means of retaining the power of governing the Union; and

that the surrender of the Mississippi could be made by treaty, under

the Constitution, by the will of the President and the votes of ten

Senators,[440] whereas, under the Confederation, it never could be

done without the votes of nine States in Congress.

It must be allowed that there had been much in the history of this

matter on which harsh reflections could be made by both sections of

the Union. But it was not correct to represent the Eastern and Middle

States as animated by a desire to prevent the settlement of the

Western country, or to say that they would be ready at any time to

barter away the right in the Mississippi. Seven of the States had

consented, in a time of war and of great peril, to the proposal of a

temporary surrender of the right to Spain, just when it was supposed

that negotiations between Spain and Great Britain might result in a

coalition which would deprive us of the river for ever, and when it

was thought that a temporary cession would fix the permanent right in

our favor.[441] This was undoubtedly an error; but it was one from

which the country had been saved, by the disputes which arose

respecting the constitutional power of seven States to give

instructions for a treaty, and by the prospect of a reconstruction of

the general government.[442] Now, therefore, that an entirely new

constitutional system had been prepared, the real question, in

relation to this very important subject, was one of a twofold

character. It involved, first, the moral probabilities respecting the

wishes and policy of a majority of the States; and, secondly, a

comparison of the means afforded by the Constitution for protecting

the national right to the Mississippi, with those afforded by the

Confederation,--assuming that any State or States might wish to

surrender it.

Upon this question Mr. Madison made an answer to the opposition, which

shows how accurately he foresaw the relations between the western and

the eastern portions of the Union, and how justly he estimated the

future working of the Constitution with respect to the preservation of

the Mississippi, or any other national right.

If interest alone, he said, were to govern the Eastern States, they

must derive greater advantage from holding the Mississippi than even

the Southern States; for if the carrying trade were their natural

province, it must depend mainly on agriculture for its support, and

agriculture was to be the great employment of the Western country. But

in addition to this security of local interest, the Constitution would

make it necessary for two thirds of all the Senators present--and those

present would represent all the States, if all attended to their

duty--to concur in every treaty. The President, who would represent the

people at large, must also concur. In the House of Representatives, the

landed, rather than the commercial interest, would predominate; and the

House of Representatives, although not to be directly concerned in the

making of treaties, would have an important influence in the

government. A weak system had produced the project of surrendering the

Mississippi; a strong one would remove the inducement.[443]

In the midst of these discussions, and while the opposition were

making every effort to protract them until the 23d of June,--when the

assembling of the legislature would afford a colorable pretext for an

adjournment,--Colonel Oswald of Philadelphia arrived at Richmond, with

letters from the Anti-Federalists of New York and Pennsylvania to the

leaders of that party at Richmond, for the purpose of concerting a

plan for the postponement of the decision of Virginia until after the

meeting of the convention of New York. It was supposed that, if this

could be effected, the opponents of the Constitution in New York would

be able to make some overture to the opposition in Virginia, for the

same course of action in both States. If this could not be brought

about, it was considered by the opposition at Richmond that the

chances of obtaining a vote for previous amendments would be

materially increased by delay. The parties in their convention were

nearly balanced, at this time. Mr. Madison estimated the Federal

majority at not more than three or four votes, if indeed the

Federalists had a majority, on the 17th of June, the day on which the

convention of New York was to meet.[444]

But we must now leave the convention of Virginia, and turn our eyes to

the pleasant village on the banks of the Hudson, where the convention

of New York was already assembling. Hamilton was there, and was its

leading spirit. How vigilant and thoughtful he was, we know;--sometimes

watching for the messenger who might descend the eastern hills with

reports from New Hampshire,--sometimes turning to the South and

listening for the footfall of his couriers from Virginia;--but always

preparing to meet difficulties, always ready to contest every inch of

ground, and never losing sight of the great end to be accomplished. The

hours were slow and heavy to him. The lines of horse-expresses which he

had so carefully adjusted, and at whose intersection he stood to

collect the momentous intelligence they would bring him, were indeed a

marvel of enterprise at that day; but how unlike were they to the

metallic lines that now daily gather for us, from all the ends of the

land and with the speed of lightning, minute notices of the most

trivial or the most important events! Still, such as his apparatus was,

it was all that could be had; and he awaited, alike with a firm

patience and a faithful hope, for the decisive results. Even at this

distance of time, we share the fluctuations of his anxious spirit, and

our patriotism is quickened by our sympathy.

Rarely, indeed, if ever, was there a statesman having more at stake in

what he could not personally control, or greater cause for solicitude

concerning the public weal of his own times or that of future ages,

than Hamilton now had. His own prospects of usefulness, according to

the principles which had long guided him, and the happiness or the

misery of his country, were all, as he was deeply convinced, involved

in what might happen within any hour of those few eventful days. The

rejection of the Constitution by Virginia would, in all probability,

cause its rejection by New York. Its rejection by those States would,

as he sincerely believed, be followed by eventual disunion and civil

war. But if the Constitution could be established, he could see the

way open to the happiness and welfare of the whole Union; for although

it was not in all respects the system that he would have preferred, he

had shown, in the Federalist, how profoundly he understood its bearing

upon the interests of the country, into what harmony he could bring

its various provisions, and what powerful aid he could give in

adjusting it into its delicate relations to the States. He had, too,

already conceived the hope that its early administration might be

undertaken by Washington; and with the government in the hands of

Washington, Hamilton could foresee the success which to us is now

historical.

To say that Hamilton was ambitious, is to say that he was human; and

he was by no means free from human imperfections. But his was the

ambition of a great mind, regulated by principle, and made incapable,

by the force and nature of his convictions, of seeking personal

aggrandizement through any course of public policy of which those

convictions were not the mainspring and the life. In no degree is the

character of any other American statesman undervalued or disparaged,

when I insist on the importance to all America, through all time, of

Hamilton's public character and conduct in this respect. It was

because his future opportunities for personal distinction and

usefulness were now evidently at stake in the success of a system that

would admit of the exercise of his great powers in the service of the

country,--a system that would afford at once a field for their

exercise and for the application of his political principles,--and

because he could neither seek nor find distinction in a line of

politics which tended to disunion,--that his position at this time is

so interesting and important. As a citizen of New York, too, his

position was personally critical. He had carried on a vigorous contest

with the opponents of the Constitution in that State; he had

encountered obloquy and misrepresentation and rancor,--perhaps he had

provoked them. He had told the people of the State, for years, that

they had listened to wrong counsels, when they had lent themselves to

measures that retarded the growth of a national spirit and an

efficient general government. The correctness of his judgment was now,

therefore, openly and palpably in the issue. His public policy, with

reference to the relations of the State to the Union, was now to

stand, or to fall, with the Constitution proposed.

When he entered the convention of the State, he was convinced that the

Anti-Federalists were determined that New York should not become a

member of the new Union, whatever might be done by the other

States.[445] He had also received information, which led him to

believe that the Governor, Clinton, had in conversation declared the

Union unnecessary; but of this, if true, he could make no public use.

His suspicions were certainly justified by the tendency of the

arguments made use of by the opposition, during the few first days of

the session; for it was the tendency of those arguments to maintain

the idea that New York could very well stand alone, even if the

Constitution should be established by nine States, she refusing to be

one of them. With this view, they pressed the consideration under

which they had all along acted, that the Confederation, if amended,

would be sufficient for all the proper purposes of a general

government; and their plan for such an amendment of the Confederation

was, to provide that its requisitions for money should continue to be

made as they had been, and that Congress should have the new power of

compelling payment by force, when a State had refused to comply with a

requisition.

Hamilton answered this suggestion with great energy. It is

inseparable, he said, from the disposition of bodies which have a

constitutional power of resistance, to inquire into the merits of a

law. This had ever been the case with the federal requisitions. In

this examination, the States, unfurnished with the lights which

directed the deliberations of the general government, and incapable of

embracing the general interests of the Union, had almost uniformly

weighed the requisitions by their own local interests, and had only

executed them so far as answered their particular convenience or

advantage. But if we have national objects to pursue, we must have

national revenues. If requisitions are made and are not complied with,

what is to be done? To coerce the States would be one of the maddest

projects ever devised. No State would ever suffer itself to be used as

the instrument of coercing another. A federal standing army, then,

must enforce the requisitions, or the federal treasury would be left

without supplies and the government without support. There could be no

cure for this great evil, but to enable the national laws to operate

on individuals, like the laws of the States. To take the old

Confederation as the basis of a new system, and to trust the sword and

the purse to a single assembly organized upon principles so

defective,--giving it the full powers of taxation and the national

forces,--would be to establish a despotism. These considerations

showed clearly that a totally different government, with proper powers

and proper checks and balances, must be established.

The convention soon afterwards passed to an animated discussion on the

system of representation proposed in the Constitution, and while an

amendment relating to the Senate was pending, on the 24th of June,

Hamilton received intelligence from the East, that on the 21st the

convention of New Hampshire had ratified the Constitution. Up to this

moment, the opposition, while disclaiming earnestly all wish to bring

about a dissolution of the Union, or to prevent the establishment of

some firm and efficient government, had still continued, in every

form, to press a line of argument which tended to produce the

rejection of the Constitution proposed; and it was evident that their

opponents could throw upon them the responsibility of a dissolution of

the Union only by a deduction from the tendency of their reasoning.

But now that the Constitution had been adopted by the number of States

which its provisions required for its establishment, the Federalists

determined that the opposition should publicly meet the issue raised

by the new aspect of affairs, which was to determine whether the State

of New York should or should not place itself out of the pale of the

new confederacy,--whether it should or should not stand in a hostile

attitude towards the nine States which had thus signified their

determination to institute a new government. Accordingly, on the next

day, Chancellor Livingston formally announced in the convention the

intelligence that had been received from New Hampshire, which, he

said, had evidently changed the circumstances of the country and the

ground of the present debate. He declared that the Confederation was

now dissolved. Would they consider the situation of their country?

However some might contemplate disunion without pain, or flatter

themselves that some of the Southern States would form a league with

them, he could not look without horror at the dangers to which any

such confederacy would expose the State of New York.

This dilemma embarrassed, but did not subdue, the opposition. They

reiterated their denial of a purpose to produce a dissolution of the

Union, doubtless with entire sincerity; but they continued the

argument which was designed to show that the State ought not to adopt

a system dangerous to liberty, under a fear of the situation in which

it might be placed.

Here, then, the reader should pause for a moment, in order to form a

just appreciation of the course pursued by Hamilton, in this altered

aspect of affairs, when nothing remained to be done but to get the

State of New York, if possible, into the new Union. We have now the

means of knowing precisely how he estimated the chances of succeeding

in this effort. On the 27th, while the discussion was still going on,

he wrote to Madison as follows: "There are some slight symptoms of

relaxation in some of the leaders, which authorizes a gleam of hope,

if you do well; but certainly I think not otherwise."[446] At the same

time, we know that his latest news from Virginia was not

encouraging.[447]

How easy, then, perhaps natural, it would have been for him to have

abandoned this "gleam of hope,"--to have turned his back upon the

State and all its cabals,--to have left the Anti-Federalists to

determine the fate of New York, and to have transferred himself to

what was then the larger community, the great State of Pennsylvania,

or to any of the other States which had adopted the Constitution! He

must have been received anywhere with the consideration due to his

high reputation, his abilities, his public services, and his

acknowledged patriotism. He must have been regarded, in any State that

had accepted the new government, as a person whose assistance was

indispensable to its success; and so he would have been looked upon by

the main body of the people throughout the new confederacy. He had no

ties of office to bind him to the State of New York. He held one of

her seats in the Congress of the Confederation, but that was a body

which must soon cease to exist. His political opponents had an

undoubted majority in the State. The social ties which had bound him

to her soil could have been severed. He could have left her,

therefore, to the counsels of his adversaries, and could have sought

and found for himself a career of ambition in the new sphere that was

open to receive him. That career would have tempted men of an inferior

mould, and would have seen them yield to the temptation perhaps the

more readily, because the conflicts that would have been inevitable

between rival confederacies would have presented fresh fields for

exertion and personal energy, new excitements and new adventures. It

is, too, a mournfully interesting reflection, that if Hamilton had

then cut himself free from the entanglements of the local politics of

New York by a change of residence, he probably could never have been

drawn into that miserable quarrel with the wretch who in after years

planned his destruction, and who gained by it the execrable

distinction of having taken the most important life that has ever

fallen by the assassination of the duel, since its opportunities for

murder have been known among men.

But with whatever melancholy interest we may pursue such a suggestion

of what Hamilton might have done, it needs but to be made, in order to

show how far he stood above the reach of such a temptation. From his

first entrance, in boyhood, into public life, his patriotism had

comprehended nothing less than the whole of the United States.

Whatever may be thought of his policy, either before or after the

Constitution was established, no just man will deny its comprehensive

nationality. He now saw that no partial confederacy of the States

could be of any permanent value. He had no favorite theories involved

in the Constitution, no peculiar experiments that he wished to try. He

embraced it, because he believed in its capacity to unite the whole of

the States, to concentrate and harmonize their interests, and to

accomplish national objects of the utmost importance to their welfare.

It could, without doubt, be inaugurated and put into operation without

the concurrence of New York. But to leave that, or any other State

near the geographical centre of the Union, out of the confederacy,

would be to leave its sovereignty and rights exposed to perpetual

collision with the new government. No public or private purpose could

have induced Hamilton to abandon any effort that might prevent such a

result. He still labored, therefore, with those who were associated

with him, to procure an adoption of the Constitution by the State of

New York; and we must bear in mind the vast importance of her action,

and the difficulties with which he had to contend, that we may take a

just view of the concessions to the opposition which he seems at one

stage of the crisis to have been obliged to consider.

But we must now leave him in the midst of the embarrassments by which

he was surrounded, to follow his messenger, whom he instantly

despatched, on the 24th, with letters to Madison at Richmond,

announcing the news of the ratification by New Hampshire. The courier

passed through the city of New York on the 25th, and reached

Philadelphia on the 26th. The newspapers of the latter city

immediately cried out, "The reign of anarchy is over," and the popular

enthusiasm rose to the highest point. The courier passed on to the

South; but the convention of Virginia had, in fact, ratified the

Constitution before he arrived in Philadelphia. Thus, while New

Hampshire, in the actual order of events, was the ninth State to adopt

the Constitution, yet Virginia herself, so far as the members of her

convention were informed, appeared at the time of their voting to be

the ninth adopting State. It is certain that they acted without any

real knowledge of what had taken place in New Hampshire, although

there may have been random assertions of what nobody at Richmond could

then have known.[448]

The result was brought about in Virginia by the force of argument, and

because the friends of the Constitution were at last able to reduce

the issue to the single question of previous or subsequent, that is,

of conditional or recommendatory, amendments. As the State appeared

likely to be the ninth State to act, and they could insist that, if

she rejected the Constitution, she must bear the responsibility of

defeating the establishment of the new government,--a consequence

which they could reasonably predict,--they had a high vantage-ground

from which to address the reason and patriotism of the assembly.

Henry and the other leaders of the opposition fought valiantly to the

last. When the whole subject had been exhausted, the friends of the

Constitution presented the propositions on which they were willing to

rest the action of the State, and which declared, in substance, that

the powers granted under the proposed Constitution are the gift of the

people, and that every power not granted thereby remains with them,

and at their will,--consequently that no right can be abridged,

restrained, or modified by the general government or any of its

departments, except in those instances in which power is given by the

Constitution for those purposes; and that, among other essential

rights, liberty of conscience and of the press cannot be cancelled,

abridged, restrained, or modified, by any authority of the United

States; that the Constitution ought, therefore, to be ratified, but

that whatsoever amendments might be deemed necessary ought to be

recommended to the consideration of the first Congress that should

assemble under the Constitution, to be acted upon according to the

mode prescribed therein.

Mr. Henry, on the other hand, brought forward a counter project, by

which he proposed to declare that, previous to the ratification of the

Constitution, a Declaration of Rights, asserting and securing from

encroachment the great principles of civil and religious liberty, and

the inalienable rights of the people, together with amendments to the

most exceptionable parts of the Constitution, ought to be referred by

the convention of Virginia to the other States in the American

confederacy for their consideration.

The issue was thus distinctly made between previous or conditional and

subsequent or unconditional amendments, and made in a form most

favorable to the friends of the Constitution; for it enabled them to

present so vigorously and vividly the consequences of suspending the

inauguration of the new government until the other States could

consider the amendments desired by Virginia, that they procured a

rejection of Mr. Henry's resolution by a majority of eight, and a

ratification of the Constitution by a majority of ten votes. A long

list of amendments, together with a Bill of Rights, was then adopted,

to be presented to Congress for its consideration.[449]

The conduct of Mr. Henry, when he saw that the adoption of the

Constitution was inevitable, was all that might have been expected

from his patriotic and unselfish character. "If I shall be in the

minority," he said, "I shall have those painful sensations which arise

from a conviction of being overpowered in a good cause. Yet I will be

a peaceable citizen. My head, my hand, and my heart shall be free to

retrieve the loss of liberty, and remove the defects of this system in

a constitutional way. I wish not to go to violence, but will wait with

hopes that the spirit which predominated in the Revolution is not yet

gone, nor the cause of those who are attached to the Revolution yet

lost. I shall, therefore, patiently wait in expectation of seeing this

government so changed as to be compatible with the safety, liberty,

and happiness of the people."[450] This noble and disinterested

patriot lived to find the Constitution all that he wished it to be,

and to enroll himself, in the day of its first serious trial, among

its most vigorous and earnest defenders.

But some of the members of the opposition were not so discreet.

Immediately after the adjournment of the convention, they prepared an

address to the people, intended to produce an effort to prevent the

inauguration of the new government by a combined arrangement among the

legislatures of the several States. But this paper, which never saw

the light, was rejected by their own party, and the opposition in

Virginia subsided into a general acquiescence in the action of the

convention.[451]

The ratification of Virginia took place on the 25th of June; the news

of this event was received and published in Philadelphia on the 2d of

July. The press of the city was at once filled with rejoicings over

the action of Virginia. She was the tenth pillar of the temple of

liberty. She was Virginia,--eldest and foremost of the States,--land

of statesmen whose Revolutionary services were as household words in

all America,--birthplace and home of Washington! We need not wonder,

when she had come so tardily, so cautiously, into the support of the

Constitution, that men should have hailed her accession with

enthusiasm. The people of Philadelphia had been for some time

preparing a public demonstration, in honor of the adoption of the

Constitution by nine States. Now that Virginia was added to the

number, they determined that all possible magnificence and splendor

should be given to this celebration, and they chose for it the

anniversary day of the National Independence.

A taste for allegory appears to have been quite prevalent among the

people of the United States at this period. Accordingly, the

Philadelphia procession of July 4, 1788, was filled with elaborate and

emblematic representations. It was a long pageant of banners, of

trades, and devices. A decorated car bore the Constitution framed as a

banner and hung upon a staff. Then another decorated car carried the

American flag and the flags of all friendly nations. Then followed the

judges in their robes, and all the public bodies, preceding a grand

federal edifice, which was carried on a carriage drawn by ten horses.

On the floor of this edifice were seated, in chairs, ten gentlemen,

representing the citizens of the United States at large, to whom the

Federal Constitution had been committed before its ratification. When

it arrived at "Union Green," they gave up their seats to ten others

representing the ten States which had ratified the instrument. The

federal ship, "The Union," came next, followed by all the trades,

plying their various crafts upon elevated platforms, with their

several emblems and mottoes, strongly expressing confidence in the

protection that would be afforded under the Constitution to all the

forms of American manufactures and mechanic arts. Ten vessels paraded

on the Delaware, each with a broad white flag at its masthead, bearing

the name of one of the ten States in gold letters; and, as if to

combine the ideas both of the absence and the presence of the ten

States, ten carrier-pigeons were let off from the printers' platform,

each with a small package bearing "the ode of the day" to one of the

ten rejoicing and sympathizing States.

Thus did ingenuity and mechanical skill exert themselves in quaint

devices and exhibitions, to portray, to personify, and to celebrate

the vast social consequences of an event which had then no parallel in

the history of any other country,--the free and voluntary adoption by

the people of a written constitution of government framed by the

agents and representatives of the people themselves. The carrier birds

are not known to have literally performed their tasks, but as rapidly

as horse and man could carry it, the news from Virginia pressed on to

the North, and reached Hamilton at Poughkeepsie on the 8th of July.

It found him still surrounded by the same difficulties that existed

when he received the result of the convention of New Hampshire. The

opposition had relaxed none of their efforts to prevent the adoption

of the Constitution; they had only become somewhat divided respecting

the method to be pursued for its defeat. Some of them were in favor of

conditions precedent, or previous amendments; some, of conditions

subsequent, or the proposal of amendments upon the condition that, if

they should not be adopted within a certain time, the State should be

at liberty to withdraw from the Union; and all of them were

determined, in case the Constitution should be ratified, to carry

constructive declarations of its meaning and powers as far as

possible. Hamilton was conscious that the chief danger to which the

Constitution itself was now exposed, was that a general concurrence in

injudicious recommendations might seriously wound its power of

taxation, by causing a recurrence, in some shape, to the system of

requisitions. The danger to which the State of New York was exposed,

was that it might not become a member of the new Union, in any form.

The leading Federalists who were united with Hamilton in the effort to

prevent such a disastrous issue of this convention were John Jay, the

Chancellor Robert R. Livingston, and James Duane. A few days after the

intelligence from New Hampshire was received, these gentlemen held a

consultation as to the most effectual method of encountering the

objections made to the general power of taxation that would be

conferred by the Constitution upon the general government. The

legislative history of the State, from 1780 to 1782, embraced a series

of official acts and documents, showing that the State had been

compelled to sustain a very large share of the burden of the

Revolutionary war; that requisitions had been unable to call forth the

resources of the country; and that, in the judgment of the State,

officially and solemnly declared in 1782, and concurred in by those

who now resisted the establishment of the Constitution, it was

necessary that the Union should possess other sources of revenue. The

Federalists now resolved that these documents be formally laid before

the convention, and Hamilton undertook to bring them forward.

On the 27th of June, he commenced the most elaborate and important of

the speeches which he made in this assembly, for the purpose of

showing that in the construction of a government the great objects to

be attained are a free and pure representation, and a proper balance

between the different branches of administration; and that when these

are obtained, all the powers necessary to answer, in the most ample

manner, the purposes of government, may be bestowed with entire

safety. He proceeded to argue, not only that a general power of

taxation was essential, but that, under a system so complex as that of

the Constitution,--so skilfully endowed with the requisite forms of

representation and division of executive and legislative power,--it

was next to impossible that this authority should be abused. In the

course of this speech, and for the purpose of showing that the State

had suffered great distresses during the war from the mode of raising

revenues by requisitions, he called for the reading at the clerk's

table of a series of documents exhibiting this fact. Governor Clinton

resisted their introduction, but they were read; and Hamilton and his

friends then contended, that they proved beyond dispute that the State

had once been in great peril for want of an energetic general

government.

This movement produced a warm altercation between the leading

gentlemen on the opposite sides of the house. But while it threw a

grave responsibility upon the opposition, it did not conquer them; and

by the day on which the intelligence from Virginia arrived, they had

heaped amendments upon the table on almost every clause and feature of

the Constitution, some one or more of which it was highly probable

they would succeed in making a condition of its acceptance.

This critical situation of affairs led Hamilton to consider, for a

short time, whether it might not be necessary to accede to a plan, by

which the State should reserve the right to recede from the Union, in

case its amendments should not have been decided upon, in one of the

modes pointed out by the Constitution, within five or six years. He

saw the objections to this course; and he was determined to leave no

effort untried to bring the opposition to an unqualified ratification.

But the danger of a rejection of the Constitution was extreme; and as

a choice of evils, he thought that, if the State could in the first

instance be received into the Union under such a reserved right to

withdraw, succeeding events, by the adoption of all proper and

necessary amendments, would make the reservation unimportant, because

such amendments would satisfy the more reasonable part of the

opposition, and would thus break up their party. But he determined not

to incur the hazard of this step upon his own judgment alone, or that

of any one else having a personal interest in the question; and

accordingly, on the 12th of July, he despatched a letter to Madison,

who was then attending in Congress at the city of New York, asking

his opinion upon the possibility of receiving the State into the Union

in this form.[452]

Madison instantly replied, that, in his opinion, this would be a

conditional ratification, and would not make the State of New York a

member of the new Union; that the Constitution required an adoption

_in toto_ and for ever; and that any condition must vitiate the

ratification of any State.[453]

Before this reply could have been received at Poughkeepsie, the

Federalists had introduced their proposition for an unconditional

ratification, and this was followed by that of the Anti-Federalists

for a conditional one. The former was rejected by the convention on

the 16th of July. The opposition then brought forward a new form of

conditional ratification, with a Bill of Rights prefixed, and with

amendments subjoined. After a long debate, the Federalists succeeded,

on the 23d of July, in procuring a vote to change this proposition, so

that, in place of the words "on condition," the people of the State

would be made to declare that they assented to and ratified the

Constitution "in full confidence" that, until a general convention

should be called for proposing amendments, Congress would not exercise

certain powers which the Constitution conferred upon them. This

alteration was carried by thirty-one votes against twenty-seven. A

list of amendments was then agreed upon, and a circular letter was

adopted, to be sent to all the States, recommending a general

convention; and on Saturday, the 26th of July, the ratification, as

thus framed, with the Bill of Rights and the amendments, was carried

by thirty affirmative against twenty-seven negative votes.[454]

By this slender majority of her delegates, and under circumstances of

extreme peril of an opposite decision, did the State of New York

accept the Constitution of the United States, and become a member of

the new government. The facts of the case, and the importance of her

being brought into the new Union, afford a sufficient vindication of

the course pursued by the Federalists in her convention. But it is

necessary, before closing the history of these events, to consider a

complaint that was made at the time, by some of the most zealous of

their political associates in other quarters, and which touched the

correctness of their motives in assenting to the circular letter

demanding a general convention for the amendment of the Constitution.

That there was danger lest another general convention might result in

serious injury to the Constitution, perhaps in its overthrow, was a

point on which there was probably no difference of opinion among the

Federalists of that day. Washington regarded it in this light; and

there is no reason to doubt that Hamilton and Jay, and many others of

the friends of the Constitution, would have felt great anxiety about

its result. But there were some members of the Federal party, in

several of the States, who do not seem to have fully appreciated the

importance of conceding to the opposition, at the time of the adoption

of the Constitution, the use of any and every form of obtaining

amendments which the Constitution itself recognized. This was true

everywhere, where serious dissatisfaction existed, and it was

especially true in the State of New York. It was impossible to procure

a ratification in that State, without an equivalent concession; and if

the Federal leaders in that convention assented to the proposal of a

course of amending the Constitution for which the instrument itself

provided, however ineligible it might be, their justification is to be

found in the circumstances of their situation. Washington himself,

when all was over, wrote to Mr. Jay as follows:--"Although I could

scarcely conceive it possible, after ten States had adopted the

Constitution, that New York, separated as it is from the others, and

peculiarly divided in sentiments as it is, would withdraw from the

Union, yet, considering the great majority which appeared to cling

together in the convention, and the decided temper of the leaders, I

did not, I confess, see how it was to be avoided. The exertion of

those who were able to effect this great work must have been equally

arduous and meritorious."[455]

But others were not so just. The Federalists of the New York

convention were complained of by some of their friends for having

assented to the circular letter, for the purpose of procuring a

ratification at any price, in order to secure the establishment of the

new government at the city of New York. It was said that the State had

better have remained out of the Union, than to have taken a course

which would prove more injurious than her rejection would have

done.[456]

With respect to these complaints and the accompanying charge, it is

only necessary to say, in the first place, that Hamilton and Jay and

their associates believed that there was far less danger to be

apprehended from a mere call for a second general convention, than

from a rejection of the Constitution by the State of New York; and

they had to choose between these alternatives. The result shows that

they chose rightly; for the assembling of a general convention was

superseded by the action of Congress upon the amendments proposed by

the States. In the second place, the alleged motive did not exist. We

now know that Hamilton certainly, and we may presume his friends also,

did not expect or desire the new government to be more than

temporarily placed at the city of New York. He himself saw the

impolicy of establishing it permanently either at that place or at

Philadelphia. He regarded its temporary establishment at the city of

New York as the certain means of carrying it farther south, and of

securing its final and permanent place somewhere upon the banks of the

Delaware within the limits of New Jersey, or upon the banks of the

Potomac within the limits of Virginia.[457]

The people of the city of New York had waited long for the decision of

their State convention. They had postponed several times their

intended celebration in honor of the Constitution, which, as it was to

be the last, they determined should be the most imposing of these

ceremonies. When the day at length came, on the 5th of August, 1788,

it saw a population whose mutual confidence and joy had absorbed every

narrow and bigoted distinction in that noblest of all the passions

that a people can exhibit,--love of country. It were a vain and

invidious task to attempt to determine, from the contemporary

descriptions, whether this display exceeded that of all the other

cities in variety and extent. But there was one feature of it so

striking, so creditable to the people of the city of New York, that it

should not be passed over. It consisted in the honors they paid to

Hamilton.

He must have experienced on that day the best reward that a statesman

can ever find; for there is no purer, no higher pleasure for a

conscientious statesman, than to know, by demonstrations of public

gratitude, that the humblest of the people for whose welfare he has

labored appreciate and are thankful for his services. Public life is

often represented, and often found, to be a thankless sphere, for men

of the greatest capacity and the highest patriotism; and the

accidents, the defeats, the changes, the party passions and

obstructions of the political world, in a free government, frequently

make it so. But mankind are neither deliberately heartless nor

systematically unthankful; and it has sometimes happened, in popular

governments, that statesmen of the first order of mind and character

have, while living, received the most unequivocal proofs of feeling

directly from the popular heart, while the sum total of their lives

appears in history to be wanting in evidences of that personal success

which is attained in a constant triumph over opponents. Such an

expression of popular gratitude and sympathy it was now the fortune of

Hamilton to receive.

The people of the city did not stop to consider, on this occasion,

whether he was entitled, in comparison with all the other public men

in the United States, to be regarded as the chief author of the

blessings which they now anticipated from the Constitution. And why

should they? He was their fellow-citizen,--their own. They remembered

the day when they saw him, a mere boy, training his artillerymen in

their public park, for the coming battles of the Revolution. They

remembered the youthful eloquence and the more than youthful power

with which he encountered the pestilent and slavish doctrines of their

Tories. They thought of his career in the army, when the extraordinary

maturity, depth, and vigor of his genius, and his great

accomplishments, supplied to Washington, in some of the most trying

periods of his vast and prolonged responsibility, the assistance that

Washington most needed. They recollected his career in Congress, when

his comprehensive intellect was always alert, to bear the country

forward to measures and ideas that would concentrate its powers and

resources in some national system. They called to mind how he had kept

their own State from wandering quite away into the paths of

disunion,--how he had enlightened, invigorated, and purified public

opinion by his wise and energetic counsels,--how he had led them to

understand the true happiness and glory of their country,--how he had

labored to bring about those events which had now produced the

Constitution,--how he had shown to them the harmony and success that

might be predicted of its operation, and had taught them to accept

what was good, without petulantly demanding what individual opinion

might claim as perfect.

What was it to them, therefore, on this day of public rejoicing, that

there might be in his policy more of consolidation than in the policy

of others,--that he was said to have in his politics too much that was

national and too little that was local,--that some had done as much as

he in the actual construction of the system which they were now to

celebrate? Such controversies might be for history, or for the

contests of administration that were soon to arise. On this day, they

were driven out of men's thoughts by the glow of that public

enthusiasm which banishes the spirit of party, and touches and opens

the inmost fountains of patriotism. Hamilton had rendered a series of

great services to his country, which had culminated in the adoption of

the Constitution by the State of New York; and they were now

acknowledged from the very hearts of those who best knew his motives

and best understood his character.

The people themselves, divided into their respective trades, evidently

undertook the demonstrations in his honor, and gave them an emphasis

which they could have derived from no other source. They bore his

image aloft upon banners. They placed the Constitution in his right

hand, and the Confederation in his left. They depicted Fame, with her

trumpet, crowning him with laurels. They emblazoned his name upon the

miniature frigate, the federal ship of state. They anticipated the

administration of the first President, by uniting on the national flag

the figure of Washington and the figure of Hamilton.[458] All that

ingenuity, all that affection, that popular pride and gratitude could

do, to honor a public benefactor, was repeated again and again through

the long line of five thousand citizens, of all orders and conditions,

which stretched away from the shores of that beautiful bay, where

ocean ascends into river and river is lost in ocean,--where Commerce

then wore her holiday attire, to prefigure the magnificence and power

which she was to derive from the Constitution of the United States.

FOOTNOTES:

[429] Notice of Henry, in the National Portrait Gallery of

Distinguished Americans, Vol. II. Mr. Jefferson has said that Henry's

power as a popular orator was greater than that of any man he had ever

heard, and that Henry "appeared to speak as Homer wrote." (Jefferson's

Works, I. 4.)

[430] It is said in the newspapers of that period that Henry was on

his legs in one speech for seven hours. I think it must have been the

one from which I have made the abstract in the text. But he made a

great many speeches, quite as earnest.

[431] There has been, I am aware, a modern scepticism concerning

Patrick Henry's abilities; but I cannot share it. He was not a man of

much information, and he had no great breadth of mind. But he must

have been, not only a very able debater, but a good parliamentary

tactician. The manner in which he carried on the opposition to the

Constitution in the convention of Virginia, for nearly a whole month,

shows that he possessed other powers besides those of great natural

eloquence.

[432] Elliot, III. 152, Debates in the Virginia Convention.

[433] Under date of February 7, 1788, Mr. Jefferson wrote from Paris,

in a private letter to a gentleman in Virginia, as follows:--"I wish,

with all my soul, that the nine first conventions may accept the new

Constitution, because this will secure to us the good it contains,

which I think great and important. But I equally wish that the four

latest conventions, whichever they be, may refuse to accede to it till

a Declaration of Rights be annexed. This would probably command the

offer of such a Declaration, and thus give to the whole fabric,

perhaps, as much perfection as any one of that kind ever had. By a

Declaration of Rights, I mean one which shall stipulate freedom of

religion, freedom of the press, freedom of commerce against

monopolies, trial by juries in all cases, no suspensions of the

_habeas corpus_, no standing armies. These are fetters against doing

evil, which no honest government should decline. There is another

strong feature in the new Constitution which I as strongly dislike.

That is, the perpetual re-eligibility of the President. Of this, I

expect no amendment at present, because I do not see that anybody has

objected to it on your side the water. But it will be productive of

cruel distress to our country, even in your day and mine. The

importance to France and England to have our government in the hands

of a friend or foe, will occasion their interference by money, and

even by arms. Our President will be of much more consequence to them

than a king of Poland. We must take care, however, that neither this

nor any other objection to the new form produces a schism in our

Union. That would be an incurable evil, because near friends falling

out never reunite cordially; whereas, all of us going together, we

shall be sure to cure the evils of our new Constitution before they do

great harm." (Jefferson's Works, II. 355.) That Mr. Jefferson intended

this letter should be used as it was in the convention of Virginia, is

not probable; but it would seem from the care he took to state a plan

of proceeding in the adoption of the Constitution, that he intended

his suggestions should be known. His subsequent opinion will be found

in a note below.

[434] Alluding, evidently, to Washington.

[435] See the speeches of Pendleton and Madison, in reply to Henry.

Elliot, III. 304, 329.

[436] Elliot, III. 314.

[437] On the 27th of May, 1788, Mr. Jefferson wrote from Paris to

Colonel Carrington, as follows:--"I learn with great pleasure the

progress of the new Constitution. Indeed, I have presumed it would

gain on the public mind, as I confess it has on my own. At first,

though I saw that the great mass and groundwork was good, I disliked

many appendages. Reflection and discussion have cleared off most of

those. You have satisfied me as to the query I had put to you about

the right of direct taxation. My first wish was that nine States would

adopt it, and that the others might, by holding off, produce the

necessary amendments. But the plan of Massachusetts is far preferable,

and will, I hope, be followed by those who are yet to decide," &c.

(Jefferson's Works, II. 404.) Colonel Carrington, the person to whom

this letter was addressed, was a member of Congress, and received it

at New York, about the 2d of July, when it was seen by Madison. (See a

letter from Madison to E. Randolph of that date, among the Madison

papers. Elliot, V. 573.)

[438] See an account of this matter, _ante_, Vol. I. Book III. Chap.

V. pp. 309-327.

[439] They meant the four New England States and New York,

Pennsylvania, and Maryland. New Jersey and Delaware were supposed to

be with the four Southern States on this question.

[440] Ten would be two thirds of the constitutional quorum of

fourteen; so that the argument supposed only a quorum to be present.

[441] See Mr. Madison's explanation in the convention of Virginia.

Elliot, III. 346.

[442] _Ante_, Book III. Chap. V., Vol. I. pp. 324-327.

[443] Debates in the Virginia Convention, Elliot, III. 344-347.

[444] He thought at this moment that if the Constitution should be

lost, the Mississippi question would be the cause. The members from

Kentucky were then generally hostile. (See a letter from Madison to

Hamilton, of June 16th, Hamilton's Works, I. 457.)

[445] See his correspondence with Madison, Works, I. pp. 450-469.

[446] Works, I. 462.

[447] See the latest letter which he had then received from Madison.

Ibid. 461.

[448] It has been supposed that this was not so, but that Hamilton's

messenger arrived at Richmond before the final action of the Virginia

convention, and so that the decision of New Hampshire had an important

influence. I think this is clearly a mistake. I have traced the

progress of the messenger in the newspapers of that time, and find his

arrival at New York and Philadelphia chronicled as it is given in the

text. The dates are therefore decisive. It appears also from Mr.

Madison's correspondence with Hamilton, that he did not receive the

despatch about New Hampshire until the 31st. (Hamilton's Works, I.

463.) The ratification passed the Virginia convention on the 25th, and

that body was dissolved on the 27th. There is no trace in the Virginia

debates of any authentic news from New Hampshire. On the contrary, it

was assumed by one of the speakers, Mr. Innes, on the day of their

ratification, that the Constitution then stood adopted by _eight_

States. (Elliot, III. 636.)

[449] The form of ratification embraced the recitals given in the text

respecting the powers of Congress. It was adopted by a vote of 89 to

79, on the 25th of June, 1788. I do not go into the particular

consideration of the amendments proposed by several of the State

conventions, because the present work is confined to the origin, the

formation, and the adoption of the Constitution, and no State that

ratified the instrument proposed by the national Convention made

amendments a condition. The examination of the amendments proposed,

therefore, belongs to the history of the Constitution subsequent to

its inauguration. They may all be found in the Appendix to the

thirteenth volume of the Journals of the Old Congress.

[450] Debates in Virginia Convention, Elliot, III. 652.

[451] Madison's letters to Hamilton, Works of Hamilton, I. 462, 463.

[452] Letter to Madison, Works of Hamilton, I. 464.

[453] Ibid. 465.

[454] It was reported in the newspapers of that period that the

Constitution was adopted in this convention by 30 yeas against 25

nays. But the official record gives the several votes as they are

stated in the text; from which it appears that, on the critical

question of a conditional or unconditional ratification, the majority

was only 2. In truth, the ratification of New York barely escapes the

objection of being a qualified one, if it does in fact escape it.

[455] Works of Washington, IX. 408.

[456] Madison's letter to Washington, August 24, 1788, Works of

Washington, IX. 549.

[457] See his letter to Governor Livingston of New Jersey, August 29,

1788, Works, I. 471.

[458] Some of the most elaborate of these devices were borne by the

"Block and Pump Makers" and the "Tallow-Chandlers."

CHAPTER IV.

ACTION OF NORTH CAROLINA AND RHODE ISLAND.--CONCLUSION.

Thus had eleven States, at the end of July, 1788, unconditionally

adopted the Constitution; five of them proposing amendments for the

consideration of the first Congress that would assemble under it, and

one of the five calling for a second general convention to act upon

the amendments desired. Two other States, however, North Carolina and

Rhode Island, still remained aloof.

The legislature of North Carolina, in December, 1787, had ordered a

State convention, which assembled July 21, 1788, five days before the

convention of New York ratified the Constitution. In this body the

Anti-Federalists obtained a large majority. They permitted the whole

subject to be debated until the 2d of August; still it had been

manifest from the first that they would not allow of an unconditional

ratification. They knew what had been the result in New Hampshire and

Virginia; but the decision of New York had, of course, not reached

them. Their determination was not, however, to be affected by the

certainty that the new government would be organized. Their purpose

was not to enter the new Union, until the amendments which they

desired had been obtained. They assumed that the Congress of the

Confederation would not provide for the organization of the new

government until another general convention had been held; or, if they

did, that such a convention would be called by the new Congress;--and

it appeared to them to be the most effectual mode of bringing about

one or the other of these courses, to remain for the present in an

independent position. The inconvenience and hazard attending such a

position do not seem to have had much weight with them, when compared

with what they regarded as the danger of an unconditional assent to

the Constitution as it then stood.

The Federalists contended strenuously for the course pursued by the

other States which had proposed amendments, but they were overpowered

by great numbers, and the convention was dissolved, after adopting a

resolution declaring that a Bill of Rights, and certain amendments,

ought to be laid before Congress and the convention that might be

called for amending the Constitution, previous to its ratification by

the State of North Carolina.[459] But in order, if possible, to place

the State in a position to accede to the Constitution at some future

time, and to participate fully in its benefits, they also declared,

that, having thought proper neither to ratify nor to reject it, and as

the new Congress would probably lay an impost on goods imported into

the States which had adopted it, they recommended the legislature of

North Carolina to lay a similar impost on goods imported into the

State, and to appropriate the money arising from it to the use of

Congress.[460]

The elements which formed the opposition to the Constitution in other

States received in Rhode Island an intense development and

aggravation, from the peculiar spirit of the people, and from certain

local causes, the history of which has never been fully written, and

is now only to be gathered from scattered sources. Constitutional

government was exposed to great perils, in that day, throughout the

country, in consequence of the false notions of State sovereignty and

of public liberty which prevailed everywhere. But it seemed as if all

these causes of opposition and distrust had centred in Rhode Island,

and had there found a theatre on which to exhibit themselves in their

worst form. Fortunately, this theatre was so small and peculiar, as to

make the display of these ideas extremely conspicuous.

The Colony of Rhode Island was established upon the broadest

principles of religious and civil freedom. Its early founders and

rulers, flying from religious persecution in the other New England

Colonies, had transmitted to their descendants a natural jealousy of

other communities, and a high spirit of individual and public

independence. In the progress of time, as not infrequently happens in

such communities, the principles on which the State was founded were

falsely interpreted and applied, until, in the minds of a large part

of the people, they had come to mean a simple aversion to all but the

most democratic form of government. No successful appeal to this

hereditary feeling could be made during the early part of the

Revolution, against the interests and influence of the confederacy,

because the early and local effect of the Revolution in fact coincided

with it. But when the Revolution was fairly accomplished, and the

State had assumed its position of absolute sovereignty, what may be

called the extreme _individualism_ of the people, and their old

unfortunate relations with the rest of New England, made them

singularly reluctant to part with any power to the confederated

States. The manifestations of this feeling we have seen all along,

from the first establishment of the Confederation down to the period

at which we are now arrived.

The local causes which gave to this tendency its utmost activity, at

the time of the formation of the Constitution of the United States,

were the following.

First, there had existed in the State, for a considerable period, a

despotic and well-organized party, known as the paper-money party.

This faction had long controlled the legislation of the State, by

furnishing the agricultural classes, in the shape of paper money, with

the only circulating medium they had ever had in any large quantity;

and they were determined to extinguish the debt of the State by this

species of currency, which the legislature could, and did, depreciate

at pleasure.

Secondly, there existed, to a great and ludicrous extent, a constant

antagonism between town and country,--between the agricultural and the

mercantile or trading classes; and this hostility was especially

violent and active between the people of the towns of Providence and

Newport and the people of the surrounding and the more remote rural

districts.[461] The paper-money question divided the inhabitants of

the State in the same way. The loss of this circulation would deprive

the agricultural classes of their sole currency. They kept their

paper-money party, therefore, in a state of constant activity; and

when the Constitution of the United States appeared, this was an

organized and triumphant party, ready for any new contest. Finally,

there prevailed among the country party a notion that the maritime

advantages of the State ought in some way to be made use of, for

obtaining better terms with the general government than could be had

under the Constitution, and that by some such means funds could be

obtained for paying their most urgent debts.

If we may judge of the spirit and the acts of the majority of the

people of Rhode Island, at this time, by the manner in which they were

looked upon throughout the rest of the Union, no language of censure

can be too strong to be applied to them. They were regarded and spoken

of everywhere, among the Federalists, with contempt and abhorrence.

Even the opposition in other States, in all their arguments against

the Constitution, never ventured to defend the people of Rhode Island.

Ridicule and scorn were heaped upon them from all quarters of the

country, and ardent zealots of the Federal press urged the adoption of

the advice which they said the Grand Seignior had given to the king of

Spain, with respect to the refractory States of Holland, namely, to

send his men with shovels and pickaxes, and throw them all into the

sea. Such an undertaking, we may suppose, might have proved as

difficult on this, as it would have been on the other side of the

Atlantic. But however this might have been, it is probable that the

natural effect of their conduct on the minds of men in other States,

and the treatment they received, reacted upon the people of Rhode

Island, and made them still more tenacious and persistent in their

wrongful course.

But we need not go out of the State itself, to find proof that a

majority of its people were at this time violent, arbitrary, and

unenlightened, both as to their true interests and as to the

principles of public honesty. Determined to adhere to their

paper-money system, they did not pause to consider and to discuss the

great questions respecting the Constitution,--its bearing upon the

welfare of the States,--its effect upon public liberty and social

order,--the necessity for its amendment in certain particulars,--which

led, in the conventions of the other States, to some of the most

important debates that the subjects of government and free

institutions have ever produced. Indeed, they resolved to stifle all

such discussions at once; or, at any rate, to prevent them from being

had in an assembly whose proceedings would be known to the world. When

the General Assembly received the Constitution, at their session in

October, 1787, they directed it to be published and circulated among

the inhabitants of the State. In February, 1788, instead of calling a

convention, they referred the adoption of the Constitution to the

freemen in their several town meetings, for the purpose of having it

rejected. There were at this time a little more than four thousand

legal voters in the State. The Federalists, a small minority,

indignant at the course of the legislature, generally withdrew from

the meetings and refused to vote. The result was, that the people of

the State appeared to be nearly unanimous in rejecting the

Constitution.[462]

The freemen of the towns of Providence and Newport, thereupon

presented petitions to the General Assembly, complaining of the

inconvenience of acting upon the proposed Constitution in meetings in

which the people of the seaport towns and the people of the country

could not hear and answer each other's arguments, or agree upon the

amendments that it might be desirable to propose, and praying for a

State convention. Their application was refused, and Rhode Island

remained in this position, at the time when the question of organizing

the new government came before the Congress of the Confederation, in

July, 1788.

Better counsels prevailed with her people, at a later period, and the

same redeeming virtue and good sense were at length triumphant, which,

in still more recent trials, have enabled her to overcome error, and

party passion, and the false notions of liberty that have sometimes

prevailed within her borders. As the stranger now traverses her little

territory, in the journey of a day, and beholds her ample enjoyment of

all civil and religious blessings,--her busy towns, her fruitful

fields, her fair seat of learning, crowning her thriving capital, her

free, happy, and prosperous people, her noble waters where she sits

enthroned upon her lovely isles,--and remembers her ancient and her

recent history, he cannot fail, in his prayer for her welfare, to

breathe the hope that an escape from great social perils may be found

for her and for all of us, in the future, as it has been in the past.

But the attitudes taken by North Carolina and Rhode Island--although

in truth quite different and taken from very different motives--placed

the Union in a new crisis, involving the Constitution in great danger

of being defeated, notwithstanding its adoption by more than nine

States. Both of them were members of the existing confederacy; both

had a right to vote on all questions coming before the Congress of

that confederacy; and it was to this body that the national

Convention itself had looked for the initiatory measures necessary to

organize the new government under the Constitution. The question

whether that government should be organized at all, was necessarily

involved with the question as to the place where it should be directed

to assemble and to exercise its functions. This latter topic had often

been a source of dissension between the States; and there was much

danger lest the votes of North Carolina and Rhode Island, in the

Congress of the Confederation, by being united with the votes of

States opposed to the selection of the place that might be named as

the seat of the new government, might prevent the Constitution from

being established at all.

* * * * *

But now, the pen that has thus traced these great events, and has

sought to describe them in their true relations to the social welfare

of the American people, must seek repose. How the Constitution was

inaugurated,--by whom and upon what principles it was put into

operation,--how and why it was amended or altered,--when and under

what circumstances the two remaining States accepted its

benefits,--what development and what direction it received from the

generation of statesmen who made and established it,--belongs to the

next epoch in our political history, the Administration of

Washington.

FOOTNOTES:

[459] This resolution was adopted August 2, 1788, by 184 yeas to 84

nays. North Carolina Debates, Elliot, IV. 250, 251.

[460] North Carolina Debates, Elliot, IV. 250, 251.

[461] The march of the country people upon Providence, on the 4th of

July, 1788, and the manner in which they compelled the inhabitants of

the town to abandon their purpose of celebrating the adoption of the

Constitution by nine States,--dictating even their toasts and

salutes,--reads more like a page in Diedrich Knickerbocker's History

of New York than like anything else. But it is a veracious as well as

a most amusing story. (See Staples's Annals of Providence, pp.

329-335.)

[462] There were 2,708 votes thrown against it, and 232 in its favor.

This occurred in March, 1788.

APPENDIX.

NOTE

ON THE AUTHORSHIP OF THE ORDINANCE OF 1787.

(See page 344, _ante_.)

When writing this volume, I prepared an elaborate note, for the

purpose of proving that the Ordinance of 1787 was drawn up by Nathan

Dane. The subsequent publication by Mr. Charles King, of New York, of

an autograph letter of Mr. Dane's to his father, the Hon. Rufus King,

written a few days after the passage of the Ordinance, put an end to

all possibility of controversy on this subject, and made it

unnecessary for me to burden my readers with a discussion of Mr.

Dane's claim to be regarded as the author of that instrument.

The following sentence in Mr. Dane's letter to Mr. King is decisive of

the point which has sometimes been controverted:--

"When I drew the Ordinance, (which passed, a few words

excepted, as I originally formed it,) I had no idea the

States would agree to the sixth article, prohibiting slavery,

as only Massachusetts, of the Eastern States, was present,

and therefore omitted it in the draft; but finding the House

favorably disposed on the subject, after we had completed the

other parts, I moved the article, which was agreed to without

opposition."

FIRST DRAFT OF THE CONSTITUTION,

AS REPORTED BY THE COMMITTEE OF DETAIL.

MONDAY, _August 6_.

_In Convention._--Mr. RUTLEDGE delivered in the report of the

committee of detail, as follows,--a printed copy being at the same

time furnished to each member:--

We, the people of the States of New Hampshire, Massachusetts,

Rhode Island and Providence Plantations, Connecticut, New

York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,

North Carolina, South Carolina, and Georgia, do ordain,

declare, and establish the following Constitution for the

government of ourselves and our posterity:--

ARTICLE I.--The style of the government shall be, "The United

States of America."

ART. II.--The government shall consist of supreme

legislative, executive, and judicial powers.

ART. III.--The legislative power shall be vested in a

Congress, to consist of two separate and distinct bodies of

men, a House of Representatives and a Senate; each of which

shall in all cases have a negative on the other. The

legislature shall meet on the first Monday in December in

every year.

ART. IV.--Sect. 1. The members of the House of

Representatives shall be chosen, every second year, by the

people of the several States comprehended within this Union.

The qualifications of the electors shall be the same, from

time to time, as those of the electors, in the several

States, of the most numerous branch of their own

legislatures.

Sect. 2. Every member of the House of Representatives shall

be of the age of twenty-five years at least; shall have been

a citizen in the United States for at least three years

before his election; and shall be, at the time of his

election, a resident of the State in which he shall be

chosen.

Sect. 3. The House of Representatives shall, at its first

formation, and until the number of citizens and inhabitants

shall be taken in the manner hereinafter described, consist

of sixty-five members, of whom three shall be chosen in New

Hampshire, eight in Massachusetts, one in Rhode Island and

Providence Plantations, five in Connecticut, six in New York,

four in New Jersey, eight in Pennsylvania, one in Delaware,

six in Maryland, ten in Virginia, five in North Carolina,

five in South Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in different States

will alter from time to time; as some of the States may

hereafter be divided; as others may be enlarged by addition

of territory; as two or more States may be united; as new

States will be erected within the limits of the United

States,--the legislature shall, in each of these cases,

regulate the number of representatives by the number of

inhabitants, according to the provisions hereinafter made, at

the rate of one for every forty thousand.

Sect. 5. All bills for raising or appropriating money, and

for fixing the salaries of the officers of government, shall

originate in the House of Representatives, and shall not be

altered or amended by the Senate. No money shall be drawn

from the public treasury, but in pursuance of appropriations

that shall originate in the House of Representatives.

Sect. 6. The House of Representatives shall have the sole

power of impeachment. It shall choose its speaker and other

officers.

Sect. 7. Vacancies in the House of Representatives shall be

supplied by writs of election from the executive authority of

the State in the representation from which they shall happen.

ART. V.--Sect. 1. The Senate of the United States shall be

chosen by the legislatures of the several States. Each

legislature shall choose two members. Vacancies may be

supplied by the executive until the next meeting of the

legislature. Each member shall have one vote.

Sect. 2. The senators shall be chosen for six years; but

immediately after the first election, they shall be divided,

by lot, into three classes, as nearly as may be, numbered

one, two, and three. The seats of the members of the first

class shall be vacated at the expiration of the second year;

of the second class at the expiration of the fourth year; of

the third class at the expiration of the sixth year; so that

a third part of the members may be chosen every second year.

Sect. 3. Every member of the Senate shall be of the age of

thirty years at least; shall have been a citizen in the

United States for at least four years before his election;

and shall be, at the time of his election, a resident of the

State for which he shall be chosen.

Sect. 4. The Senate shall choose its own President and other

officers.

ART. VI.--Sect. 1. The times, and places, and manner, of

holding the elections of the members of each House, shall be

prescribed by the legislature of each State; but their

provisions concerning them may, at any time, be altered by

the legislature of the United States.

Sect. 2. The legislature of the United States shall have

authority to establish such uniform qualifications of the

members of each House, with regard to property, as to the

said legislature shall seem expedient.

Sect. 3. In each House a majority of the members shall

constitute a quorum to do business; but a smaller number may

adjourn from day to day.

Sect. 4. Each House shall be the judge of the elections,

returns, and qualifications of its own members.

Sect. 5. Freedom of speech and debate in the legislature

shall not be impeached or questioned in any court or place

out of the legislature; and the members of each House shall,

in all cases, except treason, felony, and breach of the

peace, be privileged from arrest during their attendance at

Congress, and in going to and returning from it.

Sect. 6. Each House may determine the rules of its

proceedings; may punish its members for disorderly behavior;

and may expel a member.

Sect. 7. The House of Representatives, and the Senate when it

shall be acting in a legislative capacity, shall keep a

journal of their proceedings; and shall, from time to time,

publish them; and the yeas and nays of the members of each

House, on any question, shall, at the desire of one fifth

part of the members present, be entered on the Journal.

Sect. 8. Neither House, without the consent of the other,

shall adjourn for more than three days, nor to any other

place than that at which the two Houses are sitting. But this

regulation shall not extend to the Senate when it shall

exercise the powers mentioned in the ---- Article.

Sect. 9. The members of each House shall be ineligible to,

and incapable of holding, any office under the authority of

the United States, during the time for which they shall

respectively be elected; and the members of the Senate shall

be ineligible to, and incapable of holding, any such office

for one year afterwards.

Sect. 10. The members of each House shall receive a

compensation for their services, to be ascertained and paid

by the State in which they shall be chosen.

Sect. 11. The enacting style of the laws of the United States

shall be, "Be it enacted, and it is hereby enacted, by the

House of Representatives, and by the Senate of the United

States, in Congress assembled."

Sect. 12. Each House shall possess the right of originating

bills, except in the cases before mentioned.

Sect. 13. Every bill which shall have passed the House of

Representatives and the Senate shall, before it becomes a

law, be presented to the President of the United States for

his revision. If, upon such revision, he approve of it, he

shall signify his approbation by signing it. But if, upon

such revision, it shall appear to him improper for being

passed into a law, he shall return it, together with his

objections against it, to that House in which it shall have

originated; who shall enter the objections at large on their

Journal, and proceed to reconsider the bill. But if, after

such reconsideration, two thirds of that House shall,

notwithstanding the objections of the President, agree to

pass it, it shall, together with his objections, be sent to

the other House, by which it shall likewise be reconsidered,

and, if approved by two thirds of the other House also, it

shall become a law. But, in all such cases, the votes of both

Houses shall be determined by yeas and nays; and the names of

the persons voting for or against the bill shall be entered

on the Journal of each House respectively. If any bill shall

not be returned by the President within seven days after it

shall have been presented to him, it shall be a law, unless

the legislature, by their adjournment, prevent its return, in

which case it shall not be a law.

ART. VII.--Sect. 1. The legislature of the United States

shall have the power to lay and collect taxes, duties,

imposts, and excises;

To regulate commerce with foreign nations, and among the

several states;

To establish an uniform rule of naturalization throughout the

United States;

To coin money;

To regulate the value of foreign coin;

To fix the standard of weights and measures;

To establish post-offices;

To borrow money, and emit bills, on the credit of the United

States;

To appoint a treasurer by ballot;

To constitute tribunals inferior to the supreme court;

To make rules concerning captures on land and water;

To declare the law and punishment of piracies and felonies

committed on the high seas, and the punishment of

counterfeiting the coin of the United States, and of offences

against the law of nations;

To subdue a rebellion in any State on the application of its

legislature;

To make war;

To raise armies;

To build and equip fleets;

To call forth the aid of the militia, in order to execute the

laws of the Union, enforce treaties, suppress insurrections,

and repel invasions;

And to make all laws that shall be necessary and proper for

carrying into execution the foregoing powers, and all other

powers vested by this Constitution in the government of the

United States, or in any department or office thereof.

Sect. 2. Treason against the United States shall consist only

in levying war against the United States, or any of them; and

in adhering to the enemies of the United States, or any of

them. The legislature of the United States shall have power

to declare the punishment of treason. No person shall be

convicted of treason, unless on the testimony of two

witnesses. No attainder of treason shall work corruption of

blood, nor forfeiture, except during the life of the person

attainted.

Sect. 3. The proportions of direct taxation shall be

regulated by the whole number of white and other free

citizens and inhabitants of every age, sex, and condition,

including those bound to servitude for a term of years, and

three fifths of all other persons not comprehended in the

foregoing description (except Indians not paying taxes);

which number shall, within six years after the first meeting

of the legislature, and within the term of every ten years

afterwards, be taken in such a manner as the said legislature

shall direct.

Sect. 4. No tax or duty shall be laid by the legislature on

articles exported from any State; nor on the migration or

importation of such persons as the several States shall think

proper to admit; nor shall such migration or importation be

prohibited.

Sect. 5. No capitation tax shall be laid, unless in

proportion to the census hereinbefore directed to be taken.

Sect. 6. No navigation act shall be passed without the assent

of two thirds of the members present in each House.

Sect. 7. The United States shall not grant any title of

nobility.

ART. VIII.--The acts of the legislature of the United States

made in pursuance of this Constitution, and all treaties made

under the authority of the United States, shall be the

supreme law of the several States, and of their citizens and

inhabitants; and the judges in the several States shall be

bound thereby in their decisions, anything in the

constitutions or laws of the several States to the contrary

notwithstanding.

ART. IX.--Sect. 1. The Senate of the United States shall have

power to make treaties, and to appoint ambassadors, and

judges of the supreme court.

Sect. 2. In all disputes and controversies now subsisting, or

that may hereafter subsist, between two or more States,

respecting jurisdiction or territory, the Senate shall

possess the following powers:--Whenever the legislature, or

the executive authority, or lawful agent of any State, in

controversy with another, shall, by memorial to the Senate,

state the matter in question, and apply for a hearing, notice

of such memorial and application shall be given, by order of

the Senate, to the legislature, or the executive authority,

of the other State in controversy. The Senate shall also

assign a day for the appearance of the parties, by their

agents, before that House. The agents shall be directed to

appoint, by joint consent, commissioners or judges to

constitute a court for hearing and determining the matter in

question. But if the agents cannot agree, the Senate shall

name three persons out of each of the several States; and

from the list of such persons, each party shall alternately

strike out one, until the number shall be reduced to

thirteen; and from that number not less than seven, nor more

than nine, names, as the Senate shall direct, shall, in their

presence, be drawn out by lot; and the persons whose names

shall be so drawn, or any five of them, shall be

commissioners or judges to hear and finally determine the

controversy; provided a majority of the judges who shall hear

the cause agree in the determination. If either party shall

neglect to attend at the day assigned, without showing

sufficient reasons for not attending, or being present shall

refuse to strike, the Senate shall proceed to nominate three

persons out of each State, and the Clerk of the Senate shall

strike in behalf of the party absent or refusing. If any of

the parties shall refuse to submit to the authority of such

court, or shall not appear to prosecute or defend their claim

or cause, the court shall nevertheless proceed to pronounce

judgment. The judgment shall be final and conclusive. The

proceedings shall be transmitted to the President of the

Senate, and shall be lodged among the public records, for the

security of the parties concerned. Every commissioner shall,

before he sit in judgment, take an oath, to be administered

by one of the judges of the supreme or superior court of the

State where the cause shall be tried, "well and truly to hear

and determine the matter in question, according to the best

of his judgment, without favor, affection, or hope of

reward."

Sect. 3. All controversies concerning lands claimed under

different grants of two or more States, whose jurisdictions,

as they respect such lands, shall have been decided or

adjusted subsequently to such grants, or any of them, shall,

on application to the Senate, be finally determined, as near

as may be, in the same manner as is before prescribed for

deciding controversies between different States.

ART. X.--Sect. 1. The executive power of the United States

shall be vested in a single person. His style shall be, "The

President of the United States of America," and his title

shall be, "His Excellency." He shall be elected by ballot by

the legislature. He shall hold his office during the term of

seven years; but shall not be elected a second time.

Sect. 2. He shall, from time to time, give information to the

legislature of the state of the Union. He may recommend to

their consideration such measures as he shall judge necessary

and expedient. He may convene them on extraordinary

occasions. In case of disagreement between the two Houses,

with regard to the time of adjournment, he may adjourn them

to such time as he thinks proper. He shall take care that the

laws of the United States be duly and faithfully executed. He

shall commission all the officers of the United States; and

shall appoint officers in all cases not otherwise provided

for by this Constitution. He shall receive ambassadors, and

may correspond with the supreme executives of the several

States. He shall have power to grant reprieves and pardons,

but his pardon shall not be pleadable in bar of an

impeachment. He shall be commander-in-chief of the army and

navy of the United States, and of the militia of the several

States. He shall, at stated times, receive for his services a

compensation, which shall neither be increased nor diminished

during his continuance in office. Before he shall enter on

the duties of his department, he shall take the following

oath or affirmation, "I ---- solemnly swear (or affirm) that

I will faithfully execute the office of President of the

United States of America." He shall be removed from his

office on impeachment by the House of Representatives, and

conviction, in the supreme court, of treason, bribery, or

corruption. In case of his removal, as aforesaid, death,

resignation, or disability to discharge the powers and duties

of his office, the President of the Senate shall exercise

those powers and duties until another President of the United

States be chosen, or until the disability of the President be

removed.

History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2 With Notices of Its Principle Framers · 第 23 / 25 章