will never admit that majority."* any southern state into the union so as to lose The power of the government to establish a navigation act by a bare majority was bitterly complained of by George Mason; by Grayson, who complained that the interests of the carrying states would govern the producing states; + by Tyler, who mourned over his own act in having proposed to cede the regulation of commerce to the confederation, since it had led to the grant of powers too dangerous to be trusted to any set of men whatsoever.# Complaint was further made that treaties were to go into effect without regard to the opinion of the house of representatives; and especially that there was no bill of rights, and that there was no explicit reservation of powers not delegated to the general government. In some parts of the country the settlers were made to dread a resuscitation of old land companies through the federal judiciary. The prohibition on the states to issue paper money weighed on the minds of the debtor class; but it was not much discussed, for on that point George Mason and Richard Henry Lee were the great leaders in favor of the suppression of paper money "as founded upon fraud and knavery." And Mason had forced the assembly of Virginia in their last session to adopt a series of resolutions declaring that paper currency created scarcity of real money, and substituted for the real standard of value a standard variable as the commodities themselves, ruining trade and commerce, weakening the morals of the people, destroying public and private credit and all faith between man and man, and aggravating the very evils which it was intended to remedy. And yet there were those in the convention whose votes were swayed by the consideration that, if the constitution should be established, there would be an end of inconvertible bills of credit forever. But that which affected the decision more than anything else was that the constitution would bring with it to British creditors a right to *Elliot, iii., 585. Elliot, iii., 616. Elliot, iii., 604. #Elliot, iii., 640, 641. George Mason to Washington, 6 November 1757, in Letters to G. W., iv., 190. ▲ Independent Gazetteer, 17 November 1787. recover through the federal courts claims on Virginia planters for about ten millions of dollars. The discussions had been temperately conducted till just at the last, when for a moment pretending that the acceptance of the constitution would make an end of the trial by jury, Henry said, on the twentieth: "Old as I am, it is probable I may yet have the appellation of rebel. But my neighbors will protect me."* This daring drew out the reply that Virginia would be in arms to support the constitution; and on the twenty-fifth James Innes of Williamsburg, quoting against him his own words, said: "I observe with regret a general spirit of jealousy with respect to our northern brethren. If we had had it in 1775 it would have prevented that unanimous resistance which triumphed over our enemies; it was not a Virginian, a Carolinian, a Pennsylvanian, but the glorious name of an American, that extended from one end of the continent to the other."+ But the feeling was soon pacified, and the last words of Henry himself were: "If I shall be in the minority, I shall yet be a peaceable citizen, my head, my hand, and my heart being at liberty to remove the defects of the system in a constitutional way." The last word was from the governor of Virginia: "The accession of eight states reduces our deliberations to the single question of union or no union." # For more than three weeks the foes of the constitution had kept up the onset, and day after day they had been beaten back as cavalry that tries in vain to break the ranks of infantry. For more than three weeks Henry and Grayson and Mason renewed the onslaught, feebly supported by Monroe, and greatly aided by the weight of character of Benjamin Harrison and John Tyler; day by day they were triumphantly encountered by Madison, on whom the defence of the constitution mainly rested; by Pendleton, who, in spite of increased infirmities, was moved even more deeply than in the beginning of the revolution; and by the popular eloquence of Randolph. These three champions were well seconded by *Elliot, iii., 546. Elliot, iii., 652. # Ibid. George Nicholas, John Marshall, James Innes, Henry Lee, and Francis Corbin.* On the twenty-fifth, after debates for three weeks, the malcontents had no heart for further resistance. The convention was willing to recommend a bill of rights in twenty sections, with twenty other more questionable amendments. The first motion was: "Ought the declaration of rights and amendments of the constitution to be referred by this convention to the other states in the American confederacy for their consideration previous to the ratification of the new constitution of government?" It was lost, having only eighty voices against eighty-eight. Then the main question was put, that the constitution be ratified, referring all amendments to the first congress under the constitution. The decision would be momentous, not for America only, but the whole world. Without Virginia, this great country would have been shivered into fragmentary confederacies, or separate independent states. The roll was called; and eighty-nine delegates, chiefly from the cities of Richmond and Williamsburg, from counties near the ocean, from the northern neck, from the north-western border counties, and from the counties between the Blue Ridge and the Alleghanies, voted for the constitution. Seventy-nine, mainly from other central and southern border counties, and from three fourths of the counties of Kentucky, cried No. The committee for reporting the form of ratification were Randolph, Nicholas, Madison, Marshall, and Corbin-all from among the stanchest supporters of the constitution. In the form which was adopted they connected with the ratification "a few declaratory truths not affecting the validity of the act ;" and shielded the rights of the states by the assertion "that every power not granted by the constitution remains for the people of the United States and at their will.”‡ After the vote was taken, the successful party were careful not to ruffle their opponents by exultation. Henry showed his genial nature, free from all malignity. He was like a billow of the ocean on the first bright day after the storm, dashing itself against the rocky cliff, and then, sparkling with light, reCompare Rives, ii., 561. Madison to Washington, in Rives, ii., 608. Elliot, ii., 656. treating to its home. It was more difficult for Mason to calm the morbid sensibility of his nature and to heal his sorrow at having abandoned one of the highest places of honor among the fathers of the constitution which he had done so much to initiate, to form, and to improve. He was pacified by words from Harrison and from Tyler, who held it the duty of good citizens to accept the decision of the majority, and by precept and example to promote harmony and order and union among their fellow-citizens. But that which did most to soothe the minority was their trust in Washington. "For the president," said Mason, "there seldom or never can be a majority in favor of one, except one great name, who will be unanimously elected." 99* "Were it not for one great character in America," said Grayson, "so many men would not be for this government. We do not fear while he lives; but who beside him can concentrate the confidence and affections of all America?" And Monroe reported to Jefferson: "Be assured, Washington's influence carried this government." + Nor was that influence confined to Virginia alone. The country was an instrument with thirteen strings, and the only master who could bring out all their harmonious thought was Washington. Had he not attended the federal convention, its work would have met a colder reception and more strenuous opponents. Had the idea prevailed that he would not accept the presidency, it would still have proved fatal.# Virginia lost the opportunity of being the ninth state to constitute the union. While the long winter of New Hampshire intercepted the labors of husbandry, the fireside of the freeholders in its hundreds of townships became the scene for discussing the merits of the federal constitution with the delegates of their choice and with one another. Their convention reassembled in June. Four days served them to discuss the constitution, to prepare and recommend twelve articles of amendment, and, by fifty-seven voices against forty-six, to ratify the constitution. They took care to insert in their record that their vote was taken on Saturday, the twenty-first + Elliot, iii., 616. * Elliot, iii., 493; and compare 134. of June, at one o'clock in the afternoon, that Virginia by a vote at a later hour of the same day might not dispute with them the honor of giving life to the constitution.* By their decision, accompanied by that of Virginia, the United States of America came formally into existence. As the glad tidings flew through the land, the heart of its people thrilled with joy that at last the tree of union was firmly planted. Never may its trunk be riven by the lightning; nor its branches crash each other in the maddening storm; nor its beauty wither; nor its root decay. *Tobias Lear to Washington, 22 June 1788. Letters to Washington, iv., 225. |