CHAPTER X.

RATIFICATION OF THE CONSTITUTION.

REFERENCES.

Bancroft, Vol. VI. (Formation of the Constitution, 4, 5); Hildreth, Vol. III.; Winsor, Vol. VII., Chap. IV.; Frothingham, Chap. XII.; Pitkin, Chap. XVIII.; Hart, Chap. VI.; Johnston, The Constitution of the U. S., I.-III. (in Lalor), and The United States, V.; Fiske, The Critical Period of American History; McMaster, Vol. I., Chap. V.; Story, Book III., Chap. I.; Smith, The Movement Towards a Second Constitutional Convention in 1788 (in Essays in the Constitutional History of the U. S., Edited by J. F. Jameson).

Elliot's Debates, Vols. II.-IV. These three volumes contain the reports of the debates in the State Conventions called to ratify the Constitution. See also Journals of Congress, Vol. IV.

202.

Constitution Sent to Congress.-The Constitution reached Congress September 20, 1787, accompanied by the two resolutions and the address that the Convention had adopted. This is the first of the two resolutions:

"Resolved, That the preceding Constitution be laid be fore the United States in Congress assembled, and that it is the opinion of this Convention that it should afterwards. be submitted to a convention of delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification; and that each convention assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled."

203. Action of Congress.-The Articles of Confederation provided that no alteration should at any time be made in them unless it were first agreed to in Congress, and were afterwards confirmed by the Legislature of every State.

The document that had been framed and now lay on the table was not a series of alterations in the Articles, but a wholly new constitution; moreover, this constitution did not emanate from the States, as the Articles had done, but from the people of the United States; while the last article ran: "The ratifications of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same." The Convention did not ask Congress to agree to anything, but only to send the Constitution to the States, and await their action. An attempt was now made under the leadership of Richard Henry Lee, of Virginia, to have Congress propose amendments, but this failed. Had it succeeded, some States would have ratified the Constitution as framed by the Convention, and some the Constitution as amended by Congress, and so it would have failed altogether.

September 29 Congress adopted this resolution by a unanimous vote:

"That the said report, namely the Constitution with the resolutions and the letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the Convention made and provided in that case."

204. Reception of the Constitution.-The Convention had succeeded in keeping its secrets. No part of the Constitution passed its doors until it had completed its work and adjourned. Immediately on its publication, the country was thrown into a fever of excitement that continued to increase until, almost a year later, the eleventh State had given its ratification. The press teemed with pamphlets, books, essays, broadsides, articles, poems, letters, allegories, and squibs. The land resounded with speeches. At first there were three classes of men: the friends of the new plan, its enemies, and those who had not made up their minds. Its ratification was due in the end

to the fact that the first class were able to convert the majority of the third one.

205. Friends of the Constitution.-Mr. Curtis divides these into three classes: (1) A large body of men who recognized in the Constitution the admirable system which it proved to be when put into operation; (2) men who believed it to be the best attainable government, overlooking defects which they acknowledged, or trusting to the power of amendment; and (3) the mercantile and manufacturing classes, who regarded the commercial and revenue powers with great favor.1

206. Its Enemies. The same writer divides its enemies into four classes: (1) Those who had always opposed any enlargement of the Federal system; (2) those whose consequence as politicians would be diminished by the establishment of a government able to attract to its service the highest classes of talent and character; (3) those who conscientiously believed its provisions and powers dangerous to the rights of the States and to the public liberty; and (4) those who were opposed to any government, State or National, that would have vigor or energy enough to protect the rights of property, to prevent schemes of plunder in the form of paper money, and to bring about the discharge of public and private debts.2

207. Arguments against the Constitution. The old arguments against strengthening the government were all revamped and many new ones invented. But the main objections sprang from the old root, the antagonism in. volved in the dual system inherited from Colonial times. Most Americans now living have thoroughly adjusted the two loyalties and the two patriotisms, but a century ago few had made that adjustment. Morover, National feeling was then weak, State feeling strong. A collection of arguments soberly advanced in opposition to the Constitution could be made, that to-day would be most amusing.

1 History of the Constitution, Vol. II., p. 495.

? Ibid, Vol. II., p. 496.

208. No Bill of Rights.-Most of the State constitutions contained bills of rights. They consisted of propositions, mainly copied from the great English charters, asserting certain civil rights as belonging to the people. A motion for a committee to prepare such a bill to accompany the Constitution had been lost in the Convention. But when the Constitution came before the people for their ratification, the strongest attack was made at this point. The omission of such a bill was declared a fatal defect. The "little despised things called maxims" were declared to be the real safeguards of freedom. Mr. Hamilton replied to this criticism that bills of rights are by their nature contracts between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince; that they have no application to constitutions professedly founded upon the power of the people and executed by their representatives and servants; that, in a republic, the people surrender nothing; that the preamble of the Constitution is a much better recognition of popular rights than volumes of such aphorisms as commonly composed bills of rights.' It was also contended that the Constitution itself was a bill of rights in every rational sense, and to every useful purpose; also that the State bills of rights would still be in force, and that they would prove all-sufficient.

209. State Conventions Called. The Convention recommended that the Constitution be sent for ratification to State conventions elected by the people, and not to the Legislatures, because it was virtually a National system, and not a confederacy. Besides, conventions called for this special purpose would give a much better opportunity for calm and thorough discussion than the Legislatures. The Legislature of Rhode Island alone refused to comply, but submitted the Constitution to a popular vote, which could not affect the issue one way or the other.

1 The Federalist, No. 84.

210.

Conditional Ratification Proposed.-The Convention had scarcely adjourned when there began a most determined attempt to have the ratifications made conditional. More definitely, the plan was to have the State conventions propose amendments to be referred to a second General Convention, and then ratify the Constitution, provided these amendments were adopted, or at least considered. The supporters of the Constitution said the true plan was to ratify first, and leave amendments to the machinery of the Constitution itself.

211. The First Ratifications.-Delaware led the way, ratifying unanimously, December 7, 1787. Pennsylvania followed, December 12, with a vote of 46 to 23. Then came New Jersey, the 18th of the same month, with a unanimous vote. Georgia also was unanimous, January 2, 1788. Connecticut ratified the 9th of same month by a vote of 128 The Massachusetts convention came next in order, and there the first determined battle was fought.

to 40.

212. The Massachusetts Plan.-The Massachusetts convention was the sixth to act. Here the opposition were determined that the Constitution should not go into operation until it had been referred, with amendments, to a second General Convention for revision. At last this plan, which came to be called the "Massachusetts plan," was agreed upon: The convention should unconditionally ratify, but recommend to the favorable consideration of Congress certain amendments. Upon this plan a majority was obtained after a month's debate. The vote was taken February 6, 1788, and stood 187 to 168. The friends of the Constitution in several other States overcame the opposition by following the example set by Massachusetts. Without this mode of procedure, it is highly probable that the Constitution would have failed altogether.

213. The Remaining Ratifications.-Maryland voted 63 to 11, April 28; South Carolina, 149 to 73, May 23. The New Hampshire Convention at its first session could not come to a decision, but at the second one, June 21, gave