THE UNITED STATES CHAPTER VII. 1787-1788. THE LAW OF THE LAND. The Constitution submitted to the people-Opposition anticipated — Marshall's statements respecting the Federalists-Franklin's speech - Washington's sentiments - The people divided into Federalists and Anti-Federalists - The Constitution in Pennsylvania - Its adoption by other States - The Massachusetts Convention - Ratification by New Hampshire - The Virginia Convention - Speeches by Patrick Henry and others - The Virginia bill of rights- The New York Convention Ratification of North Carolina The day for appointing electors. * See the Journals of Congress, September 28, 1787; Rives, Life of Madison, vol. ii., pp. 477, 480; Story, Commentaries on the Constitution, vol. i., pp. 196-198. Adams says: "So cogent were these motives and so forcibly were they compressed within the compass of this preamble, and in the Letter from President Washington to the President of Congress, that this body immediately and unanimously adopted the resolution of the Convention, recommending that the projected Constitution be transmitted to the Legislatures of the several States, to be by them submitted to It was to be expected that the radical changes adopted by the Convention would experience much opposition when the Constitution was laid before the people; it could not be supposed that the same candid and calm deliberation, the same spirit of concession and compromise, would prevail among the more numerous Legislatures as in the Federal Convention itself, for there was such a great diversity of interest and so much State pride and State feeling that the ratification would necessarily be greatly influenced by these. Nor could it be hoped that the entire body of the people would readily harmonize either on the subject of the the Conventions of Delegates, to be chosen in each State by the People thereof, under the recommendation of its Legislature, for their assent and ratification. This unanimity of Congress is perhaps the strongest evidence ever manifested of the utter contempt into which the Articles of Confederation had fallen."- Lives of Madison and Monroe, p. 35. SENTIMENT RESPECTING THE CONSTITUTION. organization of the government or with respect to the powers to be granted those entrusted with its administration.* The adoption of the Constitution immediately became a subject of popular discussion, on the one side being hailed with joy and satisfaction as the only remedy for the prevailing distressed conditions, † while on the other hand, it was viewed with feelings of jealousy, distrust and open hostility. Marshall says: "The friends and enemies of that instrument were stimulated to exertion by motives equally powerful; and, during the interval between its publication and adoption, every faculty of the mind was strained to secure its reception or re jection. The press teemed with the productions of temperate reason, of genius, and of passion; and it was apparent that each party believed power, sovereignty, liberty, peace and security, things * See the chapter entitled "Objections to the Constitution," in Story, Commentaries on the Constitution, vol. i., pp. 206-220. * In In † On September 30 Edmund Randolph wrote Madison as follows: "Baltimore resounds with friendships for the new Constitution Bladensburg the Constitution is approved. Alexandria the inhabitants are enthusiastic, and instructions to force my dissenting colleagues to assent to a convention are on the anvil."-Conway, Edmund Randolph, p. 95. See also Madison's letter to Jefferson, Madison's Works (Congress ed.), vol. i.. pp. 354-356, also pp. 364-366, 368, 369-371, 373-374, 375, 376. In a private memorandum drawn up by Hamilton in which he summed up the probabilities for and against the adoption of the Constitution, and in which he spoke of the events likely to occur if it were rejected, he said: "A reunion with Great Britain, from universal disgust at a state of commotion, is not impossible, though not much to be feared. The most plausible shape of such a business would be the establishment of a son of the present monarch in the supreme government of this country, with a family compact."- Works, vol. ii., pp. 419, 421. most dear to the human heart, to be staked on the question pending before the public. From that oblivion which is the common destiny of fugitive pieces, treating on subjects which agitate only for the moment, was rescued by its peculiar merit, a series of essays, which first appeared in the papers of New York. To expose the real circumstances of America, and the dangers which hung over the republic; to detect the numerous misrepresentations of the Constitution; to refute the arguments of its opponents; and to confirm and increase its friends by a full and able development of its principles; three gentlemen, Colonel Hamilton, Mr. Madison, and Mr. Jay, distinguished for their political experience, their talents, and their love of union, gave to the public, a series of numbers, which, collected in two volumes, under the title of The Federalist, will be read and admired, when the controversy in which that valuable treatise on government originated, shall be no longer remembered." The majority of the States promptly acted upon the recommendation of Congress, and during 1787 and 1788 conventions were called to adopt or reject the Constitution. Perhaps never in the history of the country were opposing views advocated with such great force and eloquence, and in many of the conventions the two parties in favor of and against the Constitution were so evenly balanced that its fate was undecided for several months. In a number of cases the adoption was secured by a very small margin, and in several instances amendments were suggested in the form of bills of * Marshall, Life of Washington, vol. ii., p. 127. On the authorship of the various articles see Bancroft, vol. vi., pp. 452-454; Curtis, Constitutional History, vol. i., pp. 280-281, 631; Adams, Lives of Madison and Monroe, p. 40 et seq.; Madison's Works (Congress ed.), vol. iii., pp. 99, 100, 126; vol. iv., pp. 115, 116, 176. VIEWS OF HAMILTON AND FRANKLIN. rights which showed how reluctant the people were to adopt a form of government which should be practically everlasting. Marshall says that "the interesting nature of the question, the equality of the parties, the animation produced inevitably by ardent debate, had a necessary tendency to embitter the dispositions of the vanquished, and to fix more deeply, in many bosoms, their prejudices against a plan of government, in opposition to which, all their passions were enlisted."'* The views of the various statesmen were widely divergent. No one was entirely satisfied with every part of the Constitution, but all seemed to be convinced that it was the best that could be devised under the circumstances and that it was well worth the concessions and compromises which they had been called upon to 66 "It may be in me," said Hamilton, in concluding the last number of the Federalist, a defect of political fortitude, but I acknowledge that I cannot entertain an equal tranquillity with those who affect to treat the dangers of a longer continuance in our present situation as imaginary. A NATION, without a NATIONAL GOVERNMENT, is an awful spectacle. The establishment of a Constitution, in time of profound peace, by the voluntary consent of a whole people, is a prodigy, to the completion of which I look forward with trembling anxiety. In so arduous an enterprise, I can reconcile it to no rules of prudence, to let go the hold we now have upon seven out of the thirteen states; and after having passed over so considerable a part of the ground, to recommence the course. I dread the more the consequences of new attempts, because I KNOW that POWERFUL INDIVIDUALS, in this, and in other states, are enemies to a general national government in every possible shape."— The Federalist, p. 404. 3 make. In a speech at the close of the Convention,* Franklin said: "I confess there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion think themselves in possession of all truth and that wherever others differ from them it is so far error. Steele, a Protestant, in a Dedication, tells the Pope that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain French lady, who in a dispute with her sister, said I don't know how it happens, Sister, but I meet with nobody but myself, that is always in the right * * "In these sentiments, Sir, I agree to this Constitution with all its faults, if there are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing, to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt, too, whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; Sparks. Life of Franklin, p. 518; Hunt, Madison's Journal, vol. ii., pp. 389-391. 4 FRANKLIN'S SPEECH AND LETTERS. and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign nations as well as among ourselves. Much of the strength & efficiency of any Government in providing and securing happiness to the peoples depends, on opinion, on the general opinion of the goodness of the Government, as well as of its wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered. "On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument." * In a letter to Adams, Jefferson wrote: "How do you like our new Constitution? I confess there are things in it which stagger all my dispositions to subscribe to what such an assembly has proposed. The House of Federal Representatives will not be adequate to the management of affairs, either foreign or federal. Their president seems a bad edition of a Polish king. He may be elected from four years to four years for life. Reason and experience prove to us, that a chief magistrate, so continuable, is an office for life," etc. It may be worth noting, that Jefferson's views changed entirely as to this latter point, seeing that he himself did not object to serve a second term as President of the United States. See Tucker, Life of Jefferson, vol. i., pp. 252-256; Ford's ed. of Jefferson's Writings, vol. iv., p. 454; also his letters to Madison, ibid, vol. iv., pp. 475479; to Carrington, pp. 481-482; and for other views, vol. i., p. 109, vol. iv., p. 470, vol. v., pp. Writing to friends in France, he said: "It is very possible, as you suppose, that all the articles of the proposed new government will not remain unchanged after the first meeting of the Congress. I am of opinion with you, that the two chambers were not necessary, and I disliked some other articles that are in, and wished for some that are not in the proposed plan; I nevertheless hope it may be adopted." 'Our public affairs begin to wear a more quiet aspect. The disputes about the faults of the new Constitution are subsided. The first Congress will probably mend the principal ones, and future Congresses the rest. That which you mentioned did not pass unnoticed in the Convention. Many, if I remember right, were for making the president incapable of being chosen after the first four years; but the majority were for leaving the electors free to choose whom they pleased; and it was alleged that such incapacity might tend to make the president less attentive to the duties of his office, and to the interests of the people, than he would be, if a second choice depended on their good opinion of him. We are making experiments in politics; what knowledge we shall gain by them will be more certain, though perhaps we may hazard too much in that mode of acquiring it." In a letter to Charles Carroll, he said: "If any form of government is capable of making a nation happy, ours, I think, bids fair now for producing that effect. But, after all, much depends upon the people who are to be governed. We have been guarding against an evil that old states are most liable to, excess of power in the rulers; but our present danger seems to be defect of obedience in the subjects. There is hope, however from the enlightened state of this age and country, we may guard effectually against that evil as well as the rest." Washington's sentiments were well known and are further exhibited in his correspondence. Writing to Patrick Henry, he said: "Your own judgment will at once discern the good and the exceptional parts of it; and your experience of the difficulties which have ever 5, 11, 19, 25, 76, 475, 484, vol. vi., pp. 104, 123, vol. vii., p. 327, vol. viii., p. 159. |