CHAPTER VI.

Adoption of the Constitution.

_#The Constitutional Convention.#_--Fifty-five delegates were present.

With scarcely an exception they were all clearheaded, able, and moderate

men. Virginia sent Washington, Madison, Edmund Randolph; Pennsylvania

sent Benjamin Franklin, Robert Morris, and James Wilson; New York sent

Alexander Hamilton; New Jersey, Patterson; and South Carolina, the two

Pinckneys. Washington was chosen President of the Convention. Two rules

were adopted: 1st, proceedings were to be secret, and 2d, one vote was

to be given to each State, thus making it of no importance whether a

State had a large or small delegation.

Though the delegates had thus assembled to form a better and new union,

they differed widely in their views as to what changes were necessary,

and as to what powers should be given to the Federal Government, and

what retained by the States. Some desired merely a change of the

existing Articles of Confederation, more power being granted, however,

to the Federal Government; while others wished for an entirely new

Constitution.

The convention at once divided into two parties. The one representing

the small States, such as New Jersey and Delaware; and the other, the

larger States, such as Virginia, New York and Massachusetts. The plan

brought forward by the party of the large States was that presented to

the convention by Edmund Randolph, of Virginia, and generally known as

the National or Large State Plan. This plan proposed a congress of two

houses, having power to legislate on all National matters, and to compel

obedience on the part of the States. Representation in both houses was

to be based on population, thus giving to the larger, and more populous,

States the control of both branches of the legislature; and, also, since

by this scheme the president, executive officers, and judges were to be

appointed by Congress, control of the whole administration of the new

government.

On behalf of the small States, Patterson, of New Jersey, introduced what

is called the New Jersey plan. By this plan the old Federal Congress was

to be continued with its single house of legislature, and equal State

vote.

The great point upon which the two plans differed, was as to how

representation in the legislature should be apportioned among the

States; whether it should be according to population, and with two

houses, or whether there should be but one house, in which each State

should have an equal vote. The question was settled by a compromise. It

was agreed that there should be a legislature of two houses, a Senate or

upper and less numerous branch; and the House of Representatives, the

popular and more numerous lower branch. In the Senate each State was to

have an equal representation, thus putting the large and small States on

an equal footing. On the other hand, in the House of Representatives

representation was to be according to population, thus favoring the

larger States.

Another point upon which the convention differed was concerning the

slave trade; whether it should, or should not, be allowed to continue.

This question was also compromised, it being agreed to permit its

continuance for twenty years (until 1808), after which all importation

of slaves might be prohibited.

Yet another point in dispute was whether the slaves should, or should

not, be counted in estimating the population of the States, in order to

determine the number of representatives to which each State should be

entitled. This likewise was compromised. It was agreed that five slaves

should be counted equivalent to three white men.

These three main points being settled by compromises, other parts of the

government, such as a single chief executive, a Federal judiciary, and

the decision as to what powers should be given to the President, what to

the Senate, and what to the House, were more easily arranged, and the

convention adjourned September 17, 1787, having been in session a little

over four months. Thus was prepared the Constitution under which we are

now living--an achievement declared by Guizot to be the greatest work of

its kind, and by Gladstone to be the greatest work ever struck out at

one time by the hand of man.

The Constitution having been agreed to in convention, it was now

submitted to the vote of each of the colonies for acceptance. It was

decided in this convention that it should be considered as ratified, and

should go into effect as soon as accepted by nine of the thirteen

States.

The adoption or rejection of the Constitution now became a question

which claimed the entire attention of the States, and it is during this

contest that we find the origin of the first political parties in the

United States. Those favoring the adoption of the Constitution were

called "Federalists" and those opposing it "Anti-Federalists."

_#Arguments For and Against Adoption.#_--The Federalist party was

composed of those men who were desirous of a strong central government,

and for this reason favored the Constitution. This party was especially

strong in New England, largely because New England, being the commercial

part of the colonies, had had the lamentable weakness of the old

confederation brought home to them the more forcibly by the

disorganization and loss of commerce which the Continental Congress had

been unable to regulate.

The Anti-Federalists were those who wished the State governments to be

kept strong, and that there should be a comparatively weak central

government.

The argument used by the Federalists for the adoption of the

Constitution was, that only by correcting all those defects of the

Confederation which have been pointed out, could order and prosperity be

restored to the country. They said that the Constitution, being a series

of compromises, could not please everyone in all respects, but that it

was the best that could be obtained under the circumstances. Their

arguments appeared in a remarkable collection of eighty-five essays,

called the "Federalist," written by Alexander Hamilton in company with

John Jay and James Madison. In these were explained all the points of

the Constitution, and to this day they remain the best exposition of the

Constitution ever written.

The objections raised by the Anti-Federalists were many. In the first

place, it was of course objected that it gave to the central government

too much power; that state government and State liberty would be crushed

out. The State was then as dear to the citizen as is the National

Government to us to-day. Patriotism was then devotion to the State. The

colonists had suffered so much from control over their state governments

by an outside strong government, that they were fearful of again putting

themselves under a strong national government though of their own

making. In warning terms it was declared it would be a government

founded upon the destruction of the governments of the several States.

They said, "Congress may monopolize every source of revenue, and thus

indirectly demolish the State governments, for without funds they cannot

exist." These elements of State love and jealousy of the Federal power

are of the utmost importance in studying our history. We see them

running through all our life as the main causes of division between

political parties. (See later chapter on "Introduction to History of

Political Parties.")

Another objection was, that the Constitution contained no definite "bill

of rights" recognizing and guaranteeing fundamental personal liberties,

such as freedom of speech, liberty of the press, assurance against

unjust arrest, the right to bear arms, and trial by jury in civil cases,

etc. This class of objections was satisfied by the adoption of the first

ten constitutional amendments. It was also claimed by those opposed to

the ratification, that inasmuch as the Constitution placed no limit to

the number of terms which a President might serve, one man might become

so powerful as to obtain a life-tenure of office, and thus the

government would degenerate into a monarchy. To show how exaggerated

were the fears during this critical period of our history, we have the

report that it was actually claimed and believed by many at that time

that the Federalists had the secret intention of inviting over to our

country some European prince who should rule as king. Patrick Henry

cried, "We shall have a king; the army will salute him monarch." Though

not fixed by the Constitution, it has been since the time of Washington

the invariable rule that no man shall be elected for more than two

terms. The friends of President Grant attempted to have him nominated

for a third time, but so strong was this prejudice that, popular as he

was at that time, the plan failed.

For nine months the struggle was wagered fiercely in the States, but the

Federalists prevailed. In June, 1788, the ninth State ratified, and

adoption was assured. Congress fixed the first Wednesday in January for

the election of presidential electors, the first Wednesday in February

for the meeting of the electors and election of the President, and the

first Wednesday in March, 1789, for the inauguration of the President

and the beginning of the new government. This last date fell upon the

4th of March, which date has from that time served as the day for the

inauguration of our presidents. Owing to a delay in the assembling of

the new Congress, Washington was not inaugurated, nor our present

government instituted, until April 30, 1789.

Thus was founded our present government, which has stood the test of a

century. When adopted there were thirteen States; now there are

forty-four. The inhabited area was then the narrow strip between the

Atlantic Ocean and the Allegheny Mountains, with a population of

scarcely 3,000,000. Now the United States stretches 3,000 miles from

ocean to ocean, and contains a population of over sixty millions.

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