A POLITICAL BARGAIN.

47

for the Federalists, Samuel Adams spoke against the proposition and it was defeated. The Anti-Federalists were remarking that it was time they were going home to attend to their work, but Adams answered that this was not the time to desert public interests for private concerns. It would be better, he said, to lend the money which any of the country members needed rather than hurry so great a subject.

Adams's opposition was somewhat unexpected and was greeted with mingled applause and hisses,' but it showed where he stood. It showed more; namely, that if the Constitution was to be ratified, the Federalists must come to some terms with their opponents. In Pennsylvania the Federalist majority of two to one had made such terms unnecessary, though even there the political effect would have been highly advantageous. In Massachusetts a compromise was absolutely necessary. Opposition must be quieted by conceding to amendments covering the more serious objections. These should be adopted in the form of a recommendation to Congress, but ratification should not be conditional upon their final incorporation into the Constitution. It appears that this procedure was contemplated early in the session, indeed, within the first week.2 The exact source of the scheme is unknown, but probably it occurred to several of the Federal leaders, all of whom were practical politicians. Its successful operation involved some difficulties, not the least of which was the adroit management of Hancock.

As yet he had not appeared. His gout, which, John Adams said, always overtook him when there was anything unpopular or unpleasant for him to do, had kept

1 Debates, 197.

2 Harding, 84;

Massachusetts Centinel, January 12, 1788; Avery and Thatcher, January 19.

48

THE COMPROMISE.

him at home.1 King observed that as soon as the majority on either side was beyond doubt, Hancock's gout would disappear. But his support was essential to the Federalist scheme. He desired a re-election as governor. His chief competitor was James Bowdoin, but Bowdoin's friends in the convention persuaded themselves that under some circumstances they could support Hancock; there must be a President and a Vice-President chosen under the new plan; the political opportunity was ample; and it was soon known that Hancock would not disappoint federal expectation. If for a few days his caprice could be restrained, the Constitution would be ratified in Massachusetts.

3

A strong alliance of the Bowdoin and Hancock men was made, and King records that in case Virginia did not ratify, Hancock would become a fair candidate for President. That a bargain was made is beyond doubt. Hancock was made to believe that his re-election as governor was secure, and that he should at least become Vice-President. His gout yielded to this skillful treatment; he took his seat as chairman of the convention on the thirtieth of January, and on the following day, General Heath made a politic speech preparatory to the coming transformation. After remarking on the momentous importance of the subject before the House and the exhaustive discussion which it had received, he observed that many appeared to be opposed to the system, not as a whole, but to particular parts. Was there not a way in which their minds might be relieved of embarrassment, for certainly if there was, no exertion should be spared in that direction. If the convention should ratify the Constitution, and in

1 Until January 30; Harding, 85.

2 Life of King, I, 319; Harding, 86.

3 Harding, 87.

HANCOCK'S PART.

49

struct the first members to Congress to exert their utmost endeavors to have such checks and guards provided in some of the paragraphs, as seemed necessary, and if the amendments, judged proper, were communicated to the sister States and their concurrence was requested, was there not the highest probability that everything desirable would be effectually secured? This practicable solution would remove all difficulties from the minds of the members, who found some provision of the Constitution objectionable and would unite the country; and he earnestly recommended the suggestion "to the serious consideration of every gentleman in the honorable convention."

At this, President Hancock arose, observing that he was conscious of the impropriety, as chairman, of his entering into the discussion. Unfortunately, through painful indisposition of body, he had been prevented from attending, but from all he had learned, there appeared to him to be a great dissimilarity of sentiment in the convention. To remove the objections of some, he felt himself induced to hazard a proposition which he would offer in the afternoon.1

3

When afternoon came, Hancock read nine amendments,2 which had been prepared and put into his hands by Parsons, King and Sedgwick, the Federalist leaders, but Hancock gave the impression that he was their author. The paradox was as complete as the success of the scheme. The Federalist leaders had written amendments similar to those proposed by Whitehill and Findley in the Pennsylvania convention. The Massachusetts amendments de clared that the powers not expressly delegated to Congress are reserved to the States. There should be one repre

1 Debates, 222-224.

2 January 31, 1788; Debates, 79-81.

3 They were in the handwriting of Parsons; Harding, 88.

50

THE AGREEMENT.

sentative to every thirty thousand persons until the whole number should amount to two hundred, a number put in by the committee to whom the matter had been referred.1 Thirteen members of the committee were Federalists, though the intention was to have two delegates from each county, one a Federalist and one an Anti-Federalist. Mayhew and Dunham from Duke's county, were both Federalists, but Dunham did not serve on the committee. During its discussion of the amendments, the opinions of some of its members were changed, so that finally one declined to express any views whatever; fifteen agreed to the report and seven voted against it. This signified that three Anti-Federalists had changed their views.2

Congress, so ran this report, should not attempt to regulate elections unless a State neglected or refused to do so; or to make rules subversive of the rights of the people to a free and equal representation. Only when the revenue from imposts and excises was insufficient should Congress lay direct taxes. No company with exclusive commercial advantages should be created. Indictment by a grand jury should precede all criminal trials, except in military, or naval, cases. In suits arising between citizens of different States, the federal courts should have no jurisdiction, unless the matter in dispute was of the value of three thousand dollars; in all federal suits, trial by jury should be allowed at the request of either party. No person holding an office of trust or profit under the United States, should be permitted to accept any title from any foreign power.

Samuel Adams was too astute a politician to reject a

1 Debates, 82; their report, February 4, Id., 83-85. The committee as appointed consisted of twenty-five members, two from each county, James Bowdoin, chairman.

2 Debates, 250.

RELIGIOUS TESTS.

2

51

compromise of this kind and urged the adoption of the amendments. He believed that they fairly expressed public sentiment in the other States.1 He had little faith that the Constitution, if once adopted, would be amended, therefore the amendments now proposed should be adopted, not, however, as a condition of ratification. The course of Massachusetts would be followed, doubtless, by States that had not yet met. Though Adams's advocacy of the compromise practically insured its success, yet, the leading Anti-Federalists looked upon the amendments only as a device to secure ratification. Pierce, of Berkshire, expressed this doubt, when he said that it seemed very uncertain to him that they would ever become a part of the Constitution.3 Lusk, also of Berkshire, could see in the amendments no relief from the protection which the Constitution gave to slavery and the slave trade, or the danger of the induction of Roman Catholics and pagans into office; but Isaac Backus, a Baptist clergyman from Plymouth county, replied, that religion is a matter between God and individuals, and that to impose religious tests had ever been the greatest engine of tyranny. As to slavery and the slave trade, the new plan was far better than the old, because, under the Articles, no limitation whatever was put upon the trade. Slavery was growing more and more odious through the world, and he intimated that the Constitution encouraged the hope that it would ultimately cease in America.5

John Taylor, of Worcester county, advanced the objec

1 To what extent they were utilized by Madison when he drew the first draft of the twelve amendments in 1789, see the notes on Chapters VI, VII, post.

2 Debates, 226-227.

3 Debates, 242.

4 Debates, 251.

5 Id., 252,