The contest in Pennsylvania.
The first contest over the new Constitution came in Pennsylvania. The Federalists in that state were numerous, but their opponents had one point in their favour which they did not fail to make the most of. The constitution of Pennsylvania was peculiar. Its legislature consisted of a single house, and its president was chosen by that house. Therefore, said theAntifederalists, if we approve of a federal constitution which provides for a legislature of two houses and chooses a president by the device of an electoral college, we virtually condemn the state constitution under which we live. This cry was raised with no little effect. But some of the strongest immediate causes of opposition to the new Constitution were wanting in Pennsylvania. The friends of paper money were few there, and the objections to the control of the central government over commerce were weaker than in many of the other states. The Antifederalists were strongest in the mountain districts west of the Susquehanna, where the somewhat lawless population looked askance at any plan that savoured of a stronger government and a more regular collection of revenue. In the eastern counties, and especially in Philadelphia, the Federalists could count upon a heavy majority.
How to make a quorum.
The contest began in the legislature on the 28th of September, the very day on which Congress decided to submit the Constitution to the states, and before the news of the action had reached Philadelphia. The zeal of the Federalists was so intense that they could wait no longer, and they hurried the event with a high-handed vigour that was not altogether seemly. The assembly was on the eve of breaking up, and a new election was to be held on the first Tuesday of November. The Antifederalists hoped to make a stirring campaign, and secure such a majority in the new legislature as to prevent the Constitution from being laid before the people. But their game was frustratedby George Clymer, who had sat in the Federal Convention, and now most unexpectedly moved that a state convention be called to consider the proposed form of government. Great was the wrath of the Antifederalists. Mr. Clymer was quite out of order, they said. Congress had not yet sent them the Constitution; and besides, no such motion could be made without notice given beforehand, nor could it be voted on till it had passed three readings. Parliamentary usage was doubtless on the side of the Antifederalists, but the majority were clamorous, and overwhelmed them with cries of "Question, question!" The question was then put, and carried, by 43 votes against 19, and the house adjourned till four o'clock. Before going to their dinners the 19 held an indignation meeting, at which it was decided that they would foil these outrageous proceedings by staying away. It took 47 to make a quorum, and without these malcontents the assembly numbered but 45. When the house was called to order after dinner, it was found there were but 45 members present. The sergeant-at-arms was sent to summon the delinquents, but they defied him, and so it became necessary to adjourn till next morning. It was now the turn of the Federalists to uncork the vials of wrath. The affair was discussed in the taverns till after midnight, the 19 were abused without stint, and soon after breakfast, next morning, two of them were visited by a crowd of men, who broke into their lodgings and dragged them off to the state house, where they were forcibly held down in their seats, growling andmuttering curses. This made a quorum, and a state convention was immediately appointed for the 20th of November. Before these proceedings were concluded, an express-rider brought the news from New York that Congress had submitted the Constitution to the judgment of the states.
And now there ensued such a war of pamphlets, broadsides, caricatures, squibs, and stump-speeches, as had never yet been seen in America. Cato and Aristides, Cincinnatus and Plain Truth, were out in full force. What was the matter with the old confederation? asked the Antifederalists. Had it not conducted a glorious and triumphant war? Had it not set us free from the oppression of England? That there was some trouble now in the country could not be denied, but all would be right if people would only curb their extravagance, wear homespun clothes, and obey the laws. There was government enough in the country already. This Philadelphia convention ought to be distrusted. Some of its members, such as John Dickinson and Robert Morris, had opposed the Declaration of Independence. Pretty men these, to be offering us a new government! You might be sure there was a British cloven foot in it somewhere. Their convention had sat four months with closed doors, as if they were afraid to let people know what they were about. Nobody could tell what secret conspiracies against American liberty might not have been hatched in all that time. One thing was sure: the convention had squabbled. Some members had gone home in a huff; others had refused to sign a document fraught with untold evils to thecountry. And now came James Wilson, making speeches in behalf of this precious Constitution, and trying to pull the wool over people's eyes and persuade them to adopt it. Who was James Wilson, any way? A Scotchman, a countryman of Lord Bute, a born aristocrat, a snob, a patrician, Jimmy, James de Caledonia. Beware of any form of government defended by such a man. And as to the other members of the convention, there was Roger Sherman, who had signed the articles of confederation, and was now trying to undo his own work. What confidence could be placed in a man who did not know his own mind any better than that? Then there were Hamilton and Madison, mere boys; and Franklin, an old dotard, a man in his second childhood. And as to Washington, he was doubtless a good soldier, but what did he know about politics? So said the more moderate of the malcontents, hesitating for the moment to speak disrespectfully of such a man; but presently their zeal got the better of them, and in a paper signed "Centinel" it was boldly declared that Washington was a born fool!
Delaware ratifies the Constitution, Dec. 6, 1787; Pennsylvania, Dec. 12; New Jersey, Dec. 18.
From the style and temper of these arguments one clearly sees that the Antifederalists in Pennsylvania felt from the beginning that the day was going against them. Sixteen of the men who had seceded from the assembly, headed by Robert Whitehill of Carlisle, issued a manifesto setting forth the ill-treatment they had received, and sounding an alarm against the dangers of tyranny to which the new Constitution was already exposing them. They were assisted by Richard Henry Lee, whopublished a series of papers entitled "Letters from the Federal Farmer," and scattered thousands of copies through the state of Pennsylvania. He did not deny that the government needed reforming, but in the proposed plan he saw the seeds of aristocracy and of centralization. The chief objections to the Constitution were that it created a national legislature in which the vote was to be by individuals, and not by states; that it granted to this body an unlimited power of taxation; that it gave too much power to the federal judiciary; that it provided for paying the salaries of members of Congress out of the federal treasury, and would thus make them independent of their own states; that it required an oath of allegiance to the federal government; and finally, that it did not include a bill of rights. These objections were very elaborately set forth by the leading Antifederalists in the state convention; but the logic and eloquence of James Wilson bore down all opposition. The Antifederalists resorted to filibustering. Five days, it is said, were used up in settling the meanings of the two words "annihilation" and "consolidation." In this way the convention was kept sitting for nearly three weeks, when news came from "the Delaware state," as it used then to be called in Pennsylvania. The concession of an equal representation in the federal Senate had removed the only ground of opposition in Delaware, and the Federalists had everything their own way there. In a convention assembled at Dover, on the 6th of December, the Constitution was ratified withouta single dissenting voice. Thus did this little state lead the way in the good work. The news was received with exultation by the Federalists at Philadelphia, and on the 12th Pennsylvania ratified the Constitution by a two thirds vote of 46 to 23. The next day all business was quite at a standstill, while the town gave itself up to processions and merry-making. The convention of New Jersey had assembled at Trenton on the 11th, and one week later, on the 18th, it ratified the Constitution unanimously.
A most auspicious beginning had thus been made. Three states, one third of the whole number required, had ratified almost at the same moment. Two of these, moreover, were small states, which at the beginning of the Federal Convention had been obstinately opposed to any fundamental change in the government. It was just here that the Federalists were now strongest. The Connecticut compromise had wrought with telling effect, not only in the convention, but upon the people of the states. When the news from Trenton was received in Pennsylvania, there was great rejoicing in the eastern counties, while beyond the Susquehanna there were threats of armed rebellion. On the day after Christmas, as the Federalists of Carlisle were about to light a bonfire on the common and fire a salute, they were driven off the field by a mob armed with bludgeons, their rickety old cannon was spiked, and an almanac for the new year, containing a copy of the Constitution, was duly cursed, and then burned. Next day the Federalists, armed with muskets, came back, and went through theirceremonies. Their opponents did not venture to molest them; but after they had dispersed, an Antifederalist demonstration was made, and effigies of James Wilson and Thomas McKean, another prominent Federalist, were dragged to the common, and there burned at the stake.
Georgia ratifies, Jan. 2, 1788; Connecticut, Jan. 9. The outlook in Massachusetts.
The action of Delaware and New Jersey had shown that the Antifederalists could not build any hopes upon the antagonism between large and small states. It was thought, however, that the southern states would unite in opposing the Constitution from their dread of becoming commercially subjected to New England. But the compromise on the slave-trade had broken through this opposition. On the 2d of January, 1788, the Constitution was ratified in Georgia without a word of dissent. One week later Connecticut ratified by a vote of 128 to 40, after a session of only five days. The hopes of the Antifederalists now rested upon Massachusetts, where the state convention assembled on the 9th of January, the same day on which that of Connecticut broke up. Should Massachusetts refuse to ratify, there would be no hope for the Constitution. Even should nine states adopt it without her, no one supposed a Federal Union feasible from which so great a state should be excluded. Her action, too, would have a marked effect upon other states. It could not be denied that the outlook in Massachusetts was far from encouraging. The embers of the Shays rebellion still smouldered there, and in the mountain counties of Worcester and Berkshire were heard loudmurmurs of discontent. Laws impairing the obligation of contracts were just what these hard-pressed farmers desired, and by the proposed Constitution all such laws were forever prohibited. The people of the district of Maine, which had formed part of Massachusetts for nearly a century, were anxious to set up an independent government for themselves; and they feared that if they were to enter into the new and closer Federal Union as part of that state, they might hereafter find it impossible to detach themselves. For this reason half of the Maine delegates were opposed to the Constitution. In none of the thirteen states, moreover, was there a more intense devotion to state rights than in Massachusetts. Nowhere had local self-government reached a higher degree of efficiency; nowhere had the town meeting flourished with such vigour. It was especially characteristic of men trained in the town meeting to look with suspicion upon all delegated power, upon all authority that was to be exercised from a distance. They believed it to be all important that people should manage their own affairs, instead of having them managed by other people; and so far had this principle been carried that the towns of Massachusetts were like little semi-independent republics, and the state was like a league of such republics, whose representatives, sitting in the state legislature, were like delegates strictly bound by instructions rather than untrammelled members of a deliberative body. To men trained in such a school, it would naturally seem that the new Constitution delegated altogether too much power to a governingbody which must necessarily be remote from most of its constituents. It was feared that some sort of tyranny might grow out of this, and such fears were entertained by men who were not in the slightest degree infected with Shaysism, as the political disease of the inland counties was then called. Such fears were entertained by one of the greatest citizens that Massachusetts has ever produced, the man who has been well described as preëminently "the man of the town meeting,"—Samuel Adams. The limitations of this great man, as well as his powers, were those which belonged to him as chief among the men of English race who have swayed society through the medium of the ancient folk mote. At this time he was believed by many to be hostile to the new Constitution, and his influence in Massachusetts was still greater than that of any other man. Besides this, it was thought that the governor, John Hancock, was half-hearted in his support of the Constitution, and it was in everybody's mouth that Elbridge Gerry had refused to set his name to that document because he felt sure it would create a tyranny.
Such symptoms encouraged the Antifederalists in the hope that Massachusetts would reject the Constitution and ruin the plans of the "visionary young men"—as Richard Henry Lee called them—who had swayed the Federal Convention. But there were strong forces at work in the opposite direction. In Boston and all the large coast towns, even those of the Maine district, the dominant feeling was Federalist. All well-to-do people had been alarmed by the Shays insurrection, and merchants,shipwrights, and artisans of every sort were convinced that there was no prosperity in store for them until the federal government should have control over commerce, and be enabled to make its strength felt on the seas and in Europe. In these views Samuel Adams shared so thoroughly that his attitude toward the Constitution at this moment was really that of a waverer rather than an opponent. Amid balancing considerations he found it for some time hard to make up his mind.
In the convention which met on the 9th of January there sat Gorham, Strong, and King, who had taken part in the Federal Convention. There were also Samuel Adams and James Bowdoin; the revolutionary generals, Heath and Lincoln; and the rising statesmen, Sedgwick, Parsons, and Fisher Ames, whose eloquence was soon to become so famous. There were twenty-four clergymen, of various denominations,—men of sound scholarship, and several of them eminent for worldly wisdom and liberality of temper. Governor Hancock presided, gorgeous in crimson velvet and finest laces, while about the room sat many browned and weather-beaten farmers, among whom were at least eighteen who hardly a year ago had marched over the pine-clad mountain ridges of Petersham, under the banner of the rebel Shays. It was a wholesome no less than a generous policy that let these men come in and freely speak their minds. The air was thus the sooner cleared of discontent; the disease was thus the more likely to heal itself. In all there were three hundred and fifty-five delegates present,—a much larger number than tookpart in any of the other state conventions. The people of all parts of Massachusetts were very thoroughly represented, as befitted the state which was preëminent in the active political life of its town meetings, and the work done here was in some respects decisive in its effect upon the adoption of the Constitution.
Debates in the Massachusetts convention.
The convention began by overhauling that document from beginning to end, discussing it clause by clause with somewhat wearisome minuteness. Some of the objections seem odd to us at this time, with our larger experience. It was several days before the minds of the country members could be reconciled to the election of representatives for so long a period as two years. They had not been wont to delegate power to anybody for so long a time, not even to their selectmen, whom they had always under their eyes. How much more dangerous was it likely to prove if delegated authority were to be exercised for so long a period at some distant federal city, such as the Constitution contemplated! There was a vague dread that in some indescribable way the new Congress might contrive to make its sittings perpetual, and thus become a tyrannical oligarchy, which might tax the people without their consent. And then as to this federal city, there were some who did not like the idea. A district ten miles square! Was not that a great space to give up to the uncontrolled discretion of the federal government, wherein it could wreak its tyrannical will without let or hindrance? One of the delegates thought he could be reconciled to the newConstitution if this district could only be narrowed down to one mile square. And then there was the power granted to Congress to maintain a standing army, of which the president was to beex officiocommander-in-chief. Did not this open the door for a Cromwell? It was to be a standing army for at least two years, since this was the shortest period between elections. Why, even the British Parliament, since 1688, did not keep up a standing army for more than one year at a time, but renewed its existence annually under what was termed the Mutiny Act. But what need of a standing army at all? Would it not be sure to provoke needless disorders? Had they already forgotten the Boston Massacre, in spite of all the orations that had been delivered in the Old South Meeting-House? A militia, organized under the town-meeting system, was surely all-sufficient. Such a militia had won glorious triumphs at Lexington and Bennington; and at King's Mountain, had not an army of militia surrounded and captured an army of regulars led by one of England's most skilful officers? What more could you ask? Clearly this plan for a standing army foreboded tyranny. Upon this point Mr. Nason, from the Maine district, had his say, in tones of inimitable bombast. "Had I the voice of Jove," said he, "I would proclaim it throughout the world; and had I an arm like Jove, I would hurl from the globe those villains that would dare attempt to establish in our country a standing army!"
Liberal attitude of the clergy.
Next came the complaint that the Constitution did not recognize the existence of God, andprovided no religious tests for candidates for federal offices. But, strange to say, this objection did not come from the clergy. It was urged by some of the country members, but the ministers in the convention were nearly unanimous in opposing it. There had been a remarkable change of sentiment among the clergy of this state, which had begun its existence as a theocracy, in which none but church members could vote or hold office. The seeds of modern liberalism had been planted in their minds. When Amos Singletary of Sutton declared it to be scandalous that a Papist or an infidel should be as eligible to office as a Christian,—a remark which naively assumed that Roman Catholics were not Christians,—the Rev. Daniel Shute of Hingham replied that no conceivable advantage could result from a religious test. Yes, said the Rev. Philip Payson of Chelsea, "human tribunals for the consciences of men are impious encroachments upon the prerogatives of God. A religious test, as a qualification for office, would have been a great blemish." "In reason and in the Holy Scripture," said the Rev. Isaac Backus of Middleborough, "religion is ever a matter between God and the individual; the imposing of religious tests hath been the greatest engine of tyranny in the world." With this liberal stand firmly taken by the ministers, the religious objection was speedily overruled.
Then the clause which allows Congress to regulate the times, places, and manner of holding federal elections was severely criticised. It was feared that Congress would take advantage of thisprovision to destroy the freedom of elections. It was further objected that members of Congress, being paid their salaries from the federal treasury, would become too independent of their constituents. Federal collectors of revenue, moreover, would not be so likely to act with moderation and justice as collectors appointed by the state. Then it was very doubtful whether the people could support the expense of an elaborate federal government. They were already scarcely able to pay their town, county, and state taxes; was it to be supposed they could bear the additional burden with which federal taxation would load them? Then the compromise on the slave-trade was fiercely attacked. They did not wish to have a hand in licensing this nefarious traffic for twenty years. But it was urged, on the other hand, that by prohibiting the foreign slave-trade after 1808 the Constitution was really dealing a death-blow to slavery; and this opinion prevailed.
During the whole course of the discussion, observed the Rev. Samuel West of New Bedford, it seemed to be taken for granted that the federal government was going to be put into the hands of crafty knaves. "I wish," said he, "that the gentlemen who have started so manypossibleobjections would try to show us that what they so much deprecate isprobable.... Because powermaybe abused, shall we be reduced to anarchy? What hinders our state legislatures from abusing their powers?... May we not rationally suppose that the persons we shall choose to administer the government will be, in general, good men?" GeneralThompson said he was surprised to hear such an argument from a clergyman, who was professionally bound to maintain that all men were totally depraved. For his part he believed they were so, and he could prove it from the Old Testament. "I would not trust them," echoed Abraham White of Bristol, "though every one of them should be a Moses."
Speech of a Berkshire farmer.
The feeling of distrust was strongest among the farmers from the mountain districts. As Rufus King said, they objected, not so much to the Constitution as to the men who made it and the men who sang its praises. They hated lawyers, and were jealous of wealthy merchants. "These lawyers," said Amos Singletary, "and men of learning, and moneyed men that talk so finely and gloss over matters so smoothly, to make us poor illiterate people swallow the pill, expect to get into Congress themselves. They mean to be managers of the Constitution. They mean to get all the money into their hands, and then they will swallow up us little folk, like the great Leviathan, Mr. President; yes, just as the whale swallowed up Jonah." Here a more liberal-minded farmer, Jonathan Smith of Lanesborough, rose to reply with references to the Shays rebellion, which presently called forth cries of "Order!" from some of the members. Samuel Adams said the gentleman was quite in order,—let him go on in his own way. "I am a plain man," said Mr. Smith, "and am not used to speak in public, but I am going to show the effects of anarchy, that you may see why I wish for good government.Last winter people took up arms, and then, if you went to speak to them, you had the musket of death presented to your breast. They would rob you of your property, threaten to burn your houses, oblige you to be on your guard night and day. Alarms spread from town to town, families were broken up; the tender mother would cry, 'Oh, my son is among them! What shall I do for my child?' Some were taken captive; children taken out of their schools and carried away.... How dreadful was this! Our distress was so great that we should have been glad to snatch at anything that looked like a government.... Now, Mr. President, when I saw this Constitution, I found that it was a cure for these disorders. I got a copy of it, and read it over and over.... I did not go to any lawyer, to ask his opinion; we have no lawyer in our town, and we do well enough without. My honourable old daddy there [pointing to Mr. Singletary] won't think that I expect to be a Congressman, and swallow up the liberties of the people. I never had any post, nor do I want one. But I don't think the worse of the Constitution because lawyers, and men of learning, and moneyed men are fond of it. I am not of such a jealous make. They that are honest men themselves are not apt to suspect other people.... Brother farmers, let us suppose a case, now. Suppose you had a farm of 50 acres, and your title was disputed, and there was a farm of 5,000 acres joined to you that belonged to a man of learning, and his title was involved in the same difficulty: would you not be glad to have him for your friend, rather than tostand alone in the dispute? Well, the case is the same. These lawyers, these moneyed men, these men of learning, are all embarked in the same cause with us, and we must all sink or swim together. Shall we throw the Constitution overboard because it does not please us all alike? Suppose two or three of you had been at the pains to break up a piece of rough land and sow it with wheat: would you let it lie waste because you could not agree what sort of a fence to make? Would it not be better to put up a fence that did not please every one's fancy, rather than keep disputing about it until the wild beasts came in and devoured the crop? Some gentlemen say, Don't be in a hurry; take time to consider. I say, There is a time to sow and a time to reap. We sowed our seed when we sent men to the Federal Convention, now is the time to reap the fruit of our labour; and if we do not do it now, I am afraid we shall never have another opportunity."
Attitude of Samuel Adams.
It may be doubted whether all the eloquence of Fisher Ames could have stated the case more forcibly than it was put by this plain farmer from the Berkshire hills. Upon Ames, with King, Parsons, Bowdoin, and Strong, fell the principal work in defending the Constitution. For the first two weeks, Samuel Adams scarcely opened his mouth, but listened with anxious care to everything that was said on either side. The convention was so evenly divided that there could be no doubt that his single voice would decide the result. Every one eagerly awaited his opinion. In the debate on the two years' term ofmembers of Congress, he had asked Caleb Strong the reason why the Federal Convention had decided upon so long a term; and when it was explained as a necessary compromise between the views of so many delegates, he replied, "I am satisfied." "Will Mr. Adams kindly say that again?" asked one of the members. "I am satisfied," he repeated; and not another word was said on the subject in all those weeks. So profound was the faith of this intelligent and skeptical and independent people in the sound judgment and unswerving integrity of the Father of the Revolution! As the weeks went by, and the issue seemed still dubious, the workingmen of Boston, shipwrights and brass-founders and other mechanics, decided to express their opinion in a way that they knew Samuel Adams would heed. They held a meeting at the Green Dragon tavern, passed resolutions in favour of the Constitution, and appointed a committee, with Paul Revere at its head, to make known these resolutions to the great popular leader. When Adams had read the paper, he asked of Paul Revere, "How many mechanics were at the Green Dragon when these resolutions passed?" "More, sir, than the Green Dragon could hold." "And where were the rest, Mr. Revere?" "In the streets, sir." "And how many were in the streets?" "More, sir, than there are stars in the sky."
Washington's fruitful suggestion.
Between Samuel Adams and Thomas Jefferson there were several points of resemblance, the chief of which was an intense faith in the sound common sense of the mass of the people. This faith was one of the strongest attributes of both thesegreat men. It has usually been supposed that it was this incident of the meeting at the Green Dragon that determined Adams's final attitude in the state convention. Unquestionably, such a demonstration must have had great weight with him. But at the same time the affair was taking such a turn as would have decided him, even without the aid of this famous mass-meeting. The long delay in the decision of the Massachusetts convention had carried the excitement to fever heat throughout the country. Not only were people from New Hampshire and New York and naughty Rhode Island waiting anxiously about Boston to catch every crumb of news they could get, but intrigues were going on, as far south as Virginia, to influence the result. On the 21st of January the "Boston Gazette" came out with a warning, headed by enormous capitals with three exclamation-points: "Bribery and Corruption!!!The most diabolical plan is on foot to corrupt the members of the convention who oppose the adoption of the new Constitution. Large sums of money have been brought from a neighbouring state for that purpose, contributed by the wealthy. If so, is it not probable there may be collections for the same accursed purpose nearer home?" No adequate investigation ever determined whether this charge was true or not. We may hope that it was ill-founded; but our general knowledge of human nature must compel us to admit that there was probably a grain of truth in it. But what was undeniable was that Richard Henry Lee wrote a letter to Gerry, urging that Massachusetts should notadopt the Constitution without insisting upon sundry amendments; and in order to consider these amendments, it was suggested that there should be another Federal Convention. At this anxious crisis, Washington suddenly threw himself into the breach with that infallible judgment of his which always saw the way to victory. "If another Federal Convention is attempted," said Washington, "its members will be more discordant, and will agree upon no general plan. The Constitution is the best that can be obtained at this time.... The Constitution or disunion are before us to choose from. If the Constitution is our choice, a constitutional door is open for amendments, and they may be adopted in a peaceable manner, without tumult or disorder."
Massachusetts ratifies, proposing amendments, Feb. 6, 1788.
When this advice of Washington's reached Boston, it set in motion a train of events which soon solved the difficulty, both for Massachusetts and for the other states which had not yet made up their mind. Chief among the objections to the Constitution had been the fact that it did not contain a bill of rights. It did not guarantee religious liberty, freedom of speech and of the press, or the right of the people peacefully to assemble and petition the government for a redress of grievances. It did not provide against the quartering of soldiers upon the people in time of peace. It did not provide against general search-warrants, nor did it securely prescribe the methods by which individuals should be held to answer for criminal offences. It did not even provide that nobody should be burned at the stake or stretched on the rack, forholding peculiar opinions about the nature of God or the origin of evil. That such objections to the Constitution seem strange to us to-day is partly due to the determined attitude of the men who, amid all the troubles of the time, would not consent to any arrangement from which such safeguards to free thinking and free living should be omitted. The friends of the Constitution in Boston now proposed that the convention, while adopting it, should suggest sundry amendments containing the essential provisions of a bill of rights. It was not intended that the ratification should be conditional. Under the circumstances, a conditional ratification might prove as disastrous as rejection. It might lead to a second Federal Convention, in which the good work already accomplished might be undone. The ratification was to be absolute, and the amendments were offered in the hope that action would be taken upon them as soon as the new government should go into operation. There could be little doubt that the suggestion would be heeded, not only from the importance of Massachusetts in the Union, but also from the fact that Virginia and other states would be sure to follow her example in suggesting such amendments. This forecast proved quite correct, and it was in this way that the first ten amendments originated, which were acted on by Congress in 1790, and became part of the Constitution in 1791. As soon as this plan had been matured, Hancock proposed it to the convention; the hearty support of Adams was immediately insured, and within a week from that time, on the 6th of February, theConstitution was ratified by the narrow majority of 187 votes against 168. On that same day Jefferson, in Paris, wrote to Madison: "I wish with all my soul that the nine first conventions may accept the new Constitution, to secure to us the good it contains; but I equally wish that the four latest, whichever they may be, may refuse to accede to it till a declaration of rights be annexed; but no objection to the new form must produce a schism in our Union." But as soon as he heard of the action of Massachusetts, he approved it as preferable to his own idea, and he wrote home urging Virginia to follow the example.
Massachusetts was thus the sixth state to ratify the Constitution. On that day the name of the Long Lane by the meeting-house where the convention had sat was changed to Federal Street. The Boston people, said Henry Knox, had quite lost their senses with joy. The two counties of Worcester and Berkshire had given but 14 yeas against 59 nays, but the farmers went home declaring that they should cheerfully abide by the decision of the majority. Not a murmur was heard from any one.
Maryland ratifies, April 28.
Debates in the South Carolina legislature.
South Carolina ratifies, May 23.
About the time that the Massachusetts convention broke up, that of New Hampshire assembled at Exeter; but after a brief discussion it was decided to adjourn until June, in order to see how the other states would act. On the 21st of April the Maryland convention assembled at Annapolis. All the winter Patrick Henry had been busily at work, with the hope of inducing the southern statesto establish a separate confederacy; but he had made little headway anywhere, and none at all in Maryland, where his influence was completely counteracted by that of Washington. Above all things, said Washington, do not let the convention adjourn till the matter is decided, for the Antifederalists are taking no end of comfort from the postponement in New Hampshire. Their glee was short-lived, however. Some of Maryland's strongest men, such as Luther Martin and Samuel Chase, were Antifederalists; but their efforts were of no avail. After a session of five days the Constitution was ratified by a vote of 63 to 11. Whatever damage New Hampshire might have done was thus more than made good. The eyes of the whole country were now turned upon the eighth state, South Carolina. Her convention was to meet at Charleston on the 12th of May, the anniversary of the day on which General Lincoln had surrendered that city to Sir Henry Clinton; but there had been a decisive preliminary struggle in the legislature in January. The most active of the Antifederalists was Rawlins Lowndes, who had opposed the Declaration of Independence. Lowndes was betrayed into silliness. "We are now," said he, "under a most excellent constitution,—a blessing from Heaven, that has stood the test of time [!!], and given us liberty and independence; yet we are impatient to pull down that fabric which we raised at the expense of our blood." This was not very convincing to the assembly, most of the members knowing full well that the fabric had not stood the test of time, but had alreadytumbled in by reason of its vicious construction. A more effective plea was that which referred to the slave-trade. "What cause is there," said Lowndes, "for jealousy of our importing negroes? Why confine us to twenty years? Why limit us at all? This trade can be justified on the principles of religion and humanity. They do not like our having slaves because they have none themselves, and therefore want to exclude us from this great advantage." Cotesworth Pinckney replied: "By this settlement we have secured an unlimited importation of negroes for twenty years. The general government can never emancipate them, for no such authority is granted, and it is admitted on all hands that the general government has no powers but what are expressly granted by the Constitution. We have obtained a right to recover our slaves in whatever part of the country they may take refuge, which is a right we had not before. In short, considering all circumstances, we have made the best terms in our power for the security of this species of property. We would have made better if we could; but, on the whole, I do not think them bad." Perhaps Pinckney would not have assumed exactly this tone at Philadelphia, but at Charleston the argument was convincing. Lowndes then sounded the alarm that the New England states would monopolize the carrying-trade and charge ruinous freights, and he drew a harrowing picture of warehouses packed to bursting with rice and indigo spoiling because the owners could not afford to pay the Yankee skippers' prices for carrying theirgoods to market. But Pinckney rejoined that a Yankee shipmaster in quest of cargoes would not be likely to ruin his own chances for getting them, and he called attention to the great usefulness of the eastern merchant marine as affording material for a navy, and thus contributing to the defence of the country. Finally Lowndes put in a plea for paper money, but with little success. The result of the debate set the matter so clearly before the people that a great majority of Federalists were elected to the convention. Among them were Gadsden, the Rutledges and the Pinckneys, Moultrie, and William Washington, who had become a citizen of the state from which he had helped to expel the British invader. The Antifederalists were largely represented by men from the upland counties, belonging to a population in which there was considerable likeness all along the Appalachian chain of mountains, from Pennsylvania to the southern extremity of the range. There were among them many "moonshiners," as they were called,—distillers of illicit whiskey,—and they did not relish the idea of a federal excise. At their head was Thomas Sumter, a convert to Patrick Henry's scheme for a southern confederacy. Their policy was one of delay and obstruction, but it availed them little, for on the 23d of May, after a session of eleven days, South Carolina ratified the Constitution by a vote of 149 against 73.
Important effect upon Virginia.
Debates in the Virginia Convention.
Madison and Marshall prevail and Virginia ratifies, June 25.
The sound policy of the Federal Convention in adopting the odious compromise over the slave-trade was now about to bear fruit. In Virginia therehad grown up a party which favoured the establishment of a separate southern confederacy. By the action of South Carolina all such schemes were now nipped in the bud. Of the states south of Mason and Dixon's line, three had now ratified the Constitution, so that any separate confederacy could now consist only of Virginia and North Carolina. The reason for this short-lived separatist feeling in Virginia was to be found in the complications which had grown out of the attempt of Spain to close the Mississippi River. It will be remembered that only two years before Jay had actually recommended to Congress that the right to navigate the lower Mississippi be surrendered for twenty-five years, in exchange for a favourable commercial treaty with Spain. The New England states, caring nothing for the distant Mississippi, supported this measure in Congress; and this narrow and selfish policy naturally created alarm in Virginia, which, in her district of Kentucky, touched upon the great river. Thus to the vague dread of the southern states in general, in the event of New England's controlling the commercial policy of the government, there was added, in Virginia's case, a specific fear. If the New England people were thus ready to barter away the vital interests of a remote part of the country, what might they not do? Would they ever stop at anything so long as they could go on building up their commerce? This feeling strongly influenced Patrick Henry in his desire for a separate confederacy; and we have seen how Randolph and Mason, in the Federal Convention, were sodisturbed at the power given to Congress to regulate commerce by a simple majority of votes that they refused to set their names to the Constitution. They alleged further reasons for their refusal, but this was the chief one. They wanted a two thirds vote to be required, in order that the south might retain the means of protecting itself. Under these circumstances the opposition to the Constitution was very strong, and but for the action of South Carolina the party in favour of a separate confederacy might have been capable of doing much mischief. As it was, since that party had actively intrigued both in South Carolina and Maryland, the ratification of the Constitution by both these states was a direct rebuff. It quite demoralized the advocates of secession. The paper-money men, moreover, were handicapped by the fact that two of the most powerful Antifederalists, Mason and Lee, were determined opponents of a paper currency, so that this subject had to be dropped or very gingerly dealt with. The strength of the Antifederalists, though impaired by these causes, was still very great. The contest was waged with all the more intensity of feeling because, since eight states had now adopted the Constitution, the verdict of Virginia would be decisive. The convention met at Richmond on the 2d of June, and Edmund Pendleton was chosen president. Foremost among the Antifederalists was Patrick Henry, whose eloquence was now as zealously employed against the new government as it had been in bygone days against the usurpations of Great Britain. He wassupported by Mason, Lee, and Grayson, as well as by Benjamin Harrison and John Tyler, the fathers of two future presidents; and he could count on the votes of most of the delegates from the midland counties, from the south bank of the James River, and from Kentucky. But the united talents of the opposition had no chance of success in a conflict with the genius and tact of Madison, who at one moment crushed, at another conciliated, his opponent, but always won the day. To Madison, more than any other man, the Federalist victory was due. But he was ably seconded by Governor Randolph, whom he began by winning over from the opposite party, and by the favourite general and eloquent speaker, "Light-Horse Harry." Conspicuous in the ranks of Federalists, and unsurpassed in debate, was a tall and gaunt young man, with beaming countenance, eyes of piercing brilliancy, and an indescribable kingliness of bearing, who was by and by to become chief justice of the United States, and by his masterly and far-reaching decisions to win a place side by side with Madison and Hamilton among the founders of our national government. John Marshall, second to none among all the illustrious jurists of the English race, was then, at the age of thirty-three, the foremost lawyer in Virginia. He had already served for several terms in the state legislature, but his national career began in this convention, where his arguments with those of Madison, reinforcing each other, bore down all opposition. The details of the controversy were much the same as in the states already passed in review, savein so far as coloured by the peculiar circumstances of Virginia. After more than three weeks of debate, on the 25th of June, the question was put to vote, and the Constitution was ratified by the narrow majority of 89 against 79. Amendments were offered, after the example of Massachusetts, which had already been followed by South Carolina and the minority in Maryland; and, as in Massachusetts, the defeated Antifederalists announced their intention to abide loyally by the result.
New Hampshire had already ratified, June 21.
The discussion had lasted so long that Virginia lost the distinction of being the ninth state to ratify the Constitution. That honour had been reserved for New Hampshire, whose convention had met on the anniversary of Bunker Hill, and after a four days' session, on the 21st of June, had given its consent to the new government by a vote of 57 against 46. The couriers from Virginia and those from New Hampshire, as they spurred their horses over long miles of dusty road, could shout to each other the joyous news in passing. Though the ratification of New Hampshire had secured the necessary ninth state, yet the action of Virginia was not the less significant and decisive. Virginia was at that time, and for a quarter of a century afterward, the most populous state in the Union, and one of the greatest in influence. Even with the needed nine states all in hand, it is clear that the new government could not have gone into successful operation with the leading state, the home of Washington himself, left out in the cold. The New Roof, as men were then fond of calling the Federal Constitution, mustspeedily have fallen in without this indispensable prop. When it was known that Virginia had ratified, it was felt that the victory was won, and the success of the new scheme assured. The 4th of July, 1788, witnessed such loud rejoicings as have perhaps never been seen before or since on American soil. In Philadelphia there was a procession miles in length, in which every trade was represented, and wagons laden with implements of industry or emblematic devices alternated with bands of music and gorgeous banners. There figured the New Roof, supported by thirteen columns, and there was to be seen the Ship of State, the good ship Constitution, made out of the barge which Paul Jones had taken from the shattered and blood-stained Serapis, after his terrible fight. As for the old scow Confederacy, Imbecility master, it was proclaimed she had foundered at sea, and "the sloop Anarchy, when last heard from, was ashore on Union Rocks." All over the country there were processions and bonfires, and in some towns there were riots. In Providence the Federalists prepared a barbecue of oxen roasted whole, but a mob of farmers, led by three members of the state legislature, attempted to disperse them, and were with some difficulty pacified. In Albany the Antifederalists publicly burned the Constitution, whereupon a party of Federalists brought out another copy of it, and nailed it to the top of a pole, which they planted defiantly amid the ashes of the fire their opponents had made. Out of these proceedings there grew a riot, in which knives were drawn, stones were thrown, and blood was shed.