168

CONDITIONAL RATIFICATION.

terms and powers, made an aristocracy impossible, and that the exclusive legislation over the Federal District must depend upon the previous consent of the State which would cede it. In brief, the powers of the proposed government were better defined than those of any government before known. But it was useless for Iredell and his friends to deny the truth of the innumerable charges against the Constitution which the Anti-Federalists continued to make; these were rooted in their prejudices and quite beyond the reach of argument.

McDowall wished amendments brought forward as the condition of ratification, and asserted that the greater part of the people of the United States were opposed to the Constitution as it stood.1 By amendments, Congress should be deprived of its unlimited power over elections. Jury trials should be secured; excessive taxation be prevented; and members of Congress be subject to recall at any time by a State. The President's veto should be modified, the danger of a standing army lessened, and religious liberty be provided for.2 Willie Jones insisted that amendments should be made to the Constitution before its adoption, though Governor Johnston observed that no amendments from North Carolina could be laid before the other States unless it adopted the Constitution and became a part of the Union. The whole question was in the hands of Jones, for he controlled almost absolutely the great Anti-Federalist majority present. Debate became sharp and personal, but the convention sustained him.*

1 Id., 210. For an estimate of popular sentiment toward the Constitution, see pp. 7-19.

2 Id., 211-215.

3 Id., 216.

4 The previous question was carried by 183 to 84; Id., 223.

NORTH CAROLINA OUT OF THE UNION.

169

Governor Johnston, lamenting the turn of affairs, clearly stated that the motion which had prevailed would not answer the intention of the people of the State, as it determined nothing with respect to the Constitution. If the convention did not decide on the plan, it would have nothing to report to Congress. The State would be entirely out of the Union and isolated. To whom could it refer the amendments which it proposed as the condition of adoption? Congress would have nothing to do with them for its authority extended only to introduce the new government and not to receive any proposition of amendments. Neither could the State present them to the new Congress, for it would have no representatives to introduce them. It might appoint ambassadors to the United States to represent its scruples regarding the Constitution. A number of States had proposed amendments, and also had ratified. They would have great weight in Congress and might prevail in getting material amendments adopted, but North Carolina would have no part in voting upon any of these; it could only be considered as a foreign power. True, the United States might admit North Carolina later, but possibly on terms unequal and disadvantageous to it. Meanwhile, many laws, by which the State would later be bound, might be passed, particularly injurious to its interests.

It was not yet known in North Carolina that New York had ratified. Johnston was not assured that New York would adopt the Constitution, but it was generally supposed, he said, that the principal reason of her opposition was due to a selfish motive; her power indirectly to tax two contiguous States.1 A similar policy might induce the United States to lay restrictions on North Carolina, if it was out of the Union. It could derive no 1 See pp. 10, 35.

170

IF THE STATE DOES NOT RATIFY.

assistance from New York, for the views of the two States were diametrically opposite. North Carolina wanted all her imposts for her own exclusive support. Even if Congress should receive the North Carolina commissioners, perhaps two years might elapse before the second Federal Convention could meet. Meanwhile Congress would appoint all the great officers and proceed to make laws for the future government of the United States. North Carolina would be deprived of the benefit of the imposts, which, under the new government, would be an additional fund to which all the States had a common right. By insisting upon conditional ratification, the State would lose all benefit of a proportionate share of the duties and imposts collected in the country.1

To this Willie Jones replied, that the State had as equal a right to reject as to ratify. He wished North Carolina to be out of the Union. It would be at liberty to come in at any time, and, when it choose to come, it would have as great a share of the imposts as if it should adopt it now; and he remarked that he had in his pocket a resolution, which he intended to introduce, if the pending proposition was carried, for conditional ratification,— recommending to the North Carolina legislature to lay an impost for the use of Congress on goods imported into the State similar to that which Congress laid on goods imported into the ratifying States. The objection that Congress would fill all the offices, he thought of very little importance, and he had no doubt that whenever a second Federal Convention was called, North Carolina would be invited to attend like the rest.

He knew that there was a great majority against the Constitution in the Convention, and he responded to its wishes. The Virginia amendments with one or two addi

1 Id., 223-225.

EXCLUSION OF NORTH CAROLINA FROM THE UNION. 171

tional ones, should be adopted word for word. The State ran no risk of being excluded from the Union, whenever it might think proper to come in. Virginia, its next neighbor, would make no opposition; for the two States had a common cause and wished the same amendments. To Virginia, North Carolina was of the greatest importance. Virginia would have great weight in Congress and undoubtedly would do everything in her power to bring North Carolina into the Union and South Carolina and Georgia would be also deeply interested in the same result. Without the aid of North Carolina, the Creek nation would overturn those two States. Massachusetts and New Hampshire and most of the States had proposed amendments, as doubtless New York would do, if she ratified; and he concluded with an approval of Jefferson's well-known letter to Madison expressing the wish that nine States should ratify the Constitution in order to preserve the Union, but that the other States should reject it that there might be a certainty of their obtaining amendments.1

The hint which Jones had thrown out that the Federalists need not be in such haste to secure offices under the new government was resented by Johnston, who quickly declared that he had referred to the great offices in the government which would affect the interests of all the States. But Jones, following up his hint, repudiated the motives which had everywhere been assigned to the opponents of the Constitution, that their opposition was due to their fear of the loss of influence if the new government was ratified and the States were to lose their importance.2 Spencer considered it in accordance with

1 Id., 225-226; For Jefferson's letter to Madison, see post, page 213.

2 Id., 227.

172

IREDELL'S APPEAL FOR RATIFICATION.

every principle of political prudence, that the States should not assent to any new civil obligation till errors in its form were removed. The State had been confederated with the others by a solemn compact which was not to be dissolved without the consent of every member. North Carolina had not assented to this dissolution, and, if it was dissolved, it would be the fault of the ratifying States. If ratification by four enabled them to exclude the other four, North Carolina might be considered as excluded. Each State was free to come into the Union when it thought proper, but he agreed with Jones that exclusion for a time was less dangerous than an unconditional adoption. The convention had arrived at the critical moment when a decision of some kind must be made.

Iredell made an eloquent appeal for ratification, chiefly on the ground that rejection would occasion animosity between North Carolina and the other States and probably separate it from them forever. The most selfish interests of the State demanded that it should ratify. It was unfit that North Carolina should dictate to the whole Union. While many amendments had been proposed by the ratifying States, it was not probable, nor was it desirable, that all of them should be approved; but the probability of the adoption of some was extremely great, for only three States had ratified unanimously, and, in the others, there was a strong opposition; as in Connecticut and Pennsylvania, where it fully equaled one-third; in South Carolina, where it was yet stronger; and in Virginia, where ratification had been secured only by a bare majority. He, too, repudiated the insinuation which Jones had thrown out that the Federalists favored the Constitution because they had its offices and emoluments in view.1 Davie supported Iredell and compared the sug

1 Id., 233-234.