The Critical Period of American History

A most auspicious beginning had thus been made. Three states, one third of the whole number required, had ratified almost at the same moment. Two of these, moreover, were small states, which at the beginning of the Federal Convention had been obstinately opposed to any fundamental change in the government. It was just here that the Federalists were now strongest. The Connecticut compromise had wrought with telling effect, not only in the convention, but upon the people of the states. When the news from Trenton was received in Pennsylvania, there was great rejoicing in the eastern counties, while beyond the Susquehanna there were threats of armed rebellion. On the day after Christmas, as the Federalists of Carlisle were about to light a bonfire on the common and fire a salute, they were driven off the field by a mob armed with bludgeons, their rickety old cannon was spiked, and an almanac for the new year, containing a copy of the Constitution, was duly cursed, and then burned. Next day the Federalists, armed with muskets, came back, and went through their ceremonies. Their opponents did not venture to molest them; but after they had dispersed, an Antifederalist demonstration was made, and effigies of James Wilson and Thomas McKean, another prominent Federalist, were dragged to the common, and there burned at the stake.

Georgia ratifies, Jan. 2, 1788; Connecticut, Jan. 9. The outlook in Massachusetts.

The action of Delaware and New Jersey had shown that the Antifederalists could not build any hopes upon the antagonism between large and small states. It was thought, however, that the southern states would unite in opposing the Constitution from their dread of becoming commercially subjected to New England. But the compromise on the slave-trade had broken through this opposition. On the 2d of January, 1788, the Constitution was ratified in Georgia without a word of dissent. One week later Connecticut ratified by a vote of 128 to 40, after a session of only five days. The hopes of the Antifederalists now rested upon Massachusetts, where the state convention assembled on the 9th of January, the same day on which that of Connecticut broke up. Should Massachusetts refuse to ratify, there would be no hope for the Constitution. Even should nine states adopt it without her, no one supposed a Federal Union feasible from which so great a state should be excluded. Her action, too, would have a marked effect upon other states. It could not be denied that the outlook in Massachusetts was far from encouraging. The embers of the Shays rebellion still smouldered there, and in the mountain counties of Worcester and Berkshire were heard loud murmurs of discontent. Laws impairing the obligation of contracts were just what these hard-pressed farmers desired, and by the proposed Constitution all such laws were forever prohibited. The people of the district of Maine, which had formed part of Massachusetts for nearly a century, were anxious to set up an independent government for themselves; and they feared that if they were to enter into the new and closer Federal Union as part of that state, they might hereafter find it impossible to detach themselves. For this reason half of the Maine delegates were opposed to the Constitution. In none of the thirteen states, moreover, was there a more intense devotion to state rights than in Massachusetts. Nowhere had local self-government reached a higher degree of efficiency; nowhere had the town meeting flourished with such vigour. It was especially characteristic of men trained in the town meeting to look with suspicion upon all delegated power, upon all authority that was to be exercised from a distance. They believed it to be all important that people should manage their own affairs, instead of having them managed by other people; and so far had this principle been carried that the towns of Massachusetts were like little semi-independent republics, and the state was like a league of such republics, whose representatives, sitting in the state legislature, were like delegates strictly bound by instructions rather than untrammelled members of a deliberative body. To men trained in such a school, it would naturally seem that the new Constitution delegated altogether too much power to a governing body which must necessarily be remote from most of its constituents. It was feared that some sort of tyranny might grow out of this, and such fears were entertained by men who were not in the slightest degree infected with Shaysism, as the political disease of the inland counties was then called. Such fears were entertained by one of the greatest citizens that Massachusetts has ever produced, the man who has been well described as preëminently "the man of the town meeting," – Samuel Adams. The limitations of this great man, as well as his powers, were those which belonged to him as chief among the men of English race who have swayed society through the medium of the ancient folk mote. At this time he was believed by many to be hostile to the new Constitution, and his influence in Massachusetts was still greater than that of any other man. Besides this, it was thought that the governor, John Hancock, was half-hearted in his support of the Constitution, and it was in everybody's mouth that Elbridge Gerry had refused to set his name to that document because he felt sure it would create a tyranny.

Such symptoms encouraged the Antifederalists in the hope that Massachusetts would reject the Constitution and ruin the plans of the "visionary young men" – as Richard Henry Lee called them – who had swayed the Federal Convention. But there were strong forces at work in the opposite direction. In Boston and all the large coast towns, even those of the Maine district, the dominant feeling was Federalist. All well-to-do people had been alarmed by the Shays insurrection, and merchants, shipwrights, and artisans of every sort were convinced that there was no prosperity in store for them until the federal government should have control over commerce, and be enabled to make its strength felt on the seas and in Europe. In these views Samuel Adams shared so thoroughly that his attitude toward the Constitution at this moment was really that of a waverer rather than an opponent. Amid balancing considerations he found it for some time hard to make up his mind.

In the convention which met on the 9th of January there sat Gorham, Strong, and King, who had taken part in the Federal Convention. There were also Samuel Adams and James Bowdoin; the revolutionary generals, Heath and Lincoln; and the rising statesmen, Sedgwick, Parsons, and Fisher Ames, whose eloquence was soon to become so famous. There were twenty-four clergymen, of various denominations, – men of sound scholarship, and several of them eminent for worldly wisdom and liberality of temper. Governor Hancock presided, gorgeous in crimson velvet and finest laces, while about the room sat many browned and weather-beaten farmers, among whom were at least eighteen who hardly a year ago had marched over the pine-clad mountain ridges of Petersham, under the banner of the rebel Shays. It was a wholesome no less than a generous policy that let these men come in and freely speak their minds. The air was thus the sooner cleared of discontent; the disease was thus the more likely to heal itself. In all there were three hundred and fifty-five delegates present, – a much larger number than took part in any of the other state conventions. The people of all parts of Massachusetts were very thoroughly represented, as befitted the state which was preëminent in the active political life of its town meetings, and the work done here was in some respects decisive in its effect upon the adoption of the Constitution.

Debates in the Massachusetts convention.

The convention began by overhauling that document from beginning to end, discussing it clause by clause with somewhat wearisome minuteness. Some of the objections seem odd to us at this time, with our larger experience. It was several days before the minds of the country members could be reconciled to the election of representatives for so long a period as two years. They had not been wont to delegate power to anybody for so long a time, not even to their selectmen, whom they had always under their eyes. How much more dangerous was it likely to prove if delegated authority were to be exercised for so long a period at some distant federal city, such as the Constitution contemplated! There was a vague dread that in some indescribable way the new Congress might contrive to make its sittings perpetual, and thus become a tyrannical oligarchy, which might tax the people without their consent. And then as to this federal city, there were some who did not like the idea. A district ten miles square! Was not that a great space to give up to the uncontrolled discretion of the federal government, wherein it could wreak its tyrannical will without let or hindrance? One of the delegates thought he could be reconciled to the new Constitution if this district could only be narrowed down to one mile square. And then there was the power granted to Congress to maintain a standing army, of which the president was to be ex officio commander-in-chief. Did not this open the door for a Cromwell? It was to be a standing army for at least two years, since this was the shortest period between elections. Why, even the British Parliament, since 1688, did not keep up a standing army for more than one year at a time, but renewed its existence annually under what was termed the Mutiny Act. But what need of a standing army at all? Would it not be sure to provoke needless disorders? Had they already forgotten the Boston Massacre, in spite of all the orations that had been delivered in the Old South Meeting-House? A militia, organized under the town-meeting system, was surely all-sufficient. Such a militia had won glorious triumphs at Lexington and Bennington; and at King's Mountain, had not an army of militia surrounded and captured an army of regulars led by one of England's most skilful officers? What more could you ask? Clearly this plan for a standing army foreboded tyranny. Upon this point Mr. Nason, from the Maine district, had his say, in tones of inimitable bombast. "Had I the voice of Jove," said he, "I would proclaim it throughout the world; and had I an arm like Jove, I would hurl from the globe those villains that would dare attempt to establish in our country a standing army!"

Liberal attitude of the clergy.

Next came the complaint that the Constitution did not recognize the existence of God, and provided no religious tests for candidates for federal offices. But, strange to say, this objection did not come from the clergy. It was urged by some of the country members, but the ministers in the convention were nearly unanimous in opposing it. There had been a remarkable change of sentiment among the clergy of this state, which had begun its existence as a theocracy, in which none but church members could vote or hold office. The seeds of modern liberalism had been planted in their minds. When Amos Singletary of Sutton declared it to be scandalous that a Papist or an infidel should be as eligible to office as a Christian, – a remark which naively assumed that Roman Catholics were not Christians, – the Rev. Daniel Shute of Hingham replied that no conceivable advantage could result from a religious test. Yes, said the Rev. Philip Payson of Chelsea, "human tribunals for the consciences of men are impious encroachments upon the prerogatives of God. A religious test, as a qualification for office, would have been a great blemish." "In reason and in the Holy Scripture," said the Rev. Isaac Backus of Middleborough, "religion is ever a matter between God and the individual; the imposing of religious tests hath been the greatest engine of tyranny in the world." With this liberal stand firmly taken by the ministers, the religious objection was speedily overruled.

Then the clause which allows Congress to regulate the times, places, and manner of holding federal elections was severely criticised. It was feared that Congress would take advantage of this provision to destroy the freedom of elections. It was further objected that members of Congress, being paid their salaries from the federal treasury, would become too independent of their constituents. Federal collectors of revenue, moreover, would not be so likely to act with moderation and justice as collectors appointed by the state. Then it was very doubtful whether the people could support the expense of an elaborate federal government. They were already scarcely able to pay their town, county, and state taxes; was it to be supposed they could bear the additional burden with which federal taxation would load them? Then the compromise on the slave-trade was fiercely attacked. They did not wish to have a hand in licensing this nefarious traffic for twenty years. But it was urged, on the other hand, that by prohibiting the foreign slave-trade after 1808 the Constitution was really dealing a death-blow to slavery; and this opinion prevailed.

During the whole course of the discussion, observed the Rev. Samuel West of New Bedford, it seemed to be taken for granted that the federal government was going to be put into the hands of crafty knaves. "I wish," said he, "that the gentlemen who have started so many possible objections would try to show us that what they so much deprecate is probable… Because power may be abused, shall we be reduced to anarchy? What hinders our state legislatures from abusing their powers?.. May we not rationally suppose that the persons we shall choose to administer the government will be, in general, good men?" General Thompson said he was surprised to hear such an argument from a clergyman, who was professionally bound to maintain that all men were totally depraved. For his part he believed they were so, and he could prove it from the Old Testament. "I would not trust them," echoed Abraham White of Bristol, "though every one of them should be a Moses."

Speech of a Berkshire farmer.

The feeling of distrust was strongest among the farmers from the mountain districts. As Rufus King said, they objected, not so much to the Constitution as to the men who made it and the men who sang its praises. They hated lawyers, and were jealous of wealthy merchants. "These lawyers," said Amos Singletary, "and men of learning, and moneyed men that talk so finely and gloss over matters so smoothly, to make us poor illiterate people swallow the pill, expect to get into Congress themselves. They mean to be managers of the Constitution. They mean to get all the money into their hands, and then they will swallow up us little folk, like the great Leviathan, Mr. President; yes, just as the whale swallowed up Jonah." Here a more liberal-minded farmer, Jonathan Smith of Lanesborough, rose to reply with references to the Shays rebellion, which presently called forth cries of "Order!" from some of the members. Samuel Adams said the gentleman was quite in order, – let him go on in his own way. "I am a plain man," said Mr. Smith, "and am not used to speak in public, but I am going to show the effects of anarchy, that you may see why I wish for good government. Last winter people took up arms, and then, if you went to speak to them, you had the musket of death presented to your breast. They would rob you of your property, threaten to burn your houses, oblige you to be on your guard night and day. Alarms spread from town to town, families were broken up; the tender mother would cry, 'Oh, my son is among them! What shall I do for my child?' Some were taken captive; children taken out of their schools and carried away… How dreadful was this! Our distress was so great that we should have been glad to snatch at anything that looked like a government… Now, Mr. President, when I saw this Constitution, I found that it was a cure for these disorders. I got a copy of it, and read it over and over… I did not go to any lawyer, to ask his opinion; we have no lawyer in our town, and we do well enough without. My honourable old daddy there [pointing to Mr. Singletary] won't think that I expect to be a Congressman, and swallow up the liberties of the people. I never had any post, nor do I want one. But I don't think the worse of the Constitution because lawyers, and men of learning, and moneyed men are fond of it. I am not of such a jealous make. They that are honest men themselves are not apt to suspect other people… Brother farmers, let us suppose a case, now. Suppose you had a farm of 50 acres, and your title was disputed, and there was a farm of 5,000 acres joined to you that belonged to a man of learning, and his title was involved in the same difficulty: would you not be glad to have him for your friend, rather than to stand alone in the dispute? Well, the case is the same. These lawyers, these moneyed men, these men of learning, are all embarked in the same cause with us, and we must all sink or swim together. Shall we throw the Constitution overboard because it does not please us all alike? Suppose two or three of you had been at the pains to break up a piece of rough land and sow it with wheat: would you let it lie waste because you could not agree what sort of a fence to make? Would it not be better to put up a fence that did not please every one's fancy, rather than keep disputing about it until the wild beasts came in and devoured the crop? Some gentlemen say, Don't be in a hurry; take time to consider. I say, There is a time to sow and a time to reap. We sowed our seed when we sent men to the Federal Convention, now is the time to reap the fruit of our labour; and if we do not do it now, I am afraid we shall never have another opportunity."

Attitude of Samuel Adams.

It may be doubted whether all the eloquence of Fisher Ames could have stated the case more forcibly than it was put by this plain farmer from the Berkshire hills. Upon Ames, with King, Parsons, Bowdoin, and Strong, fell the principal work in defending the Constitution. For the first two weeks, Samuel Adams scarcely opened his mouth, but listened with anxious care to everything that was said on either side. The convention was so evenly divided that there could be no doubt that his single voice would decide the result. Every one eagerly awaited his opinion. In the debate on the two years' term of members of Congress, he had asked Caleb Strong the reason why the Federal Convention had decided upon so long a term; and when it was explained as a necessary compromise between the views of so many delegates, he replied, "I am satisfied." "Will Mr. Adams kindly say that again?" asked one of the members. "I am satisfied," he repeated; and not another word was said on the subject in all those weeks. So profound was the faith of this intelligent and skeptical and independent people in the sound judgment and unswerving integrity of the Father of the Revolution! As the weeks went by, and the issue seemed still dubious, the workingmen of Boston, shipwrights and brass-founders and other mechanics, decided to express their opinion in a way that they knew Samuel Adams would heed. They held a meeting at the Green Dragon tavern, passed resolutions in favour of the Constitution, and appointed a committee, with Paul Revere at its head, to make known these resolutions to the great popular leader. When Adams had read the paper, he asked of Paul Revere, "How many mechanics were at the Green Dragon when these resolutions passed?" "More, sir, than the Green Dragon could hold." "And where were the rest, Mr. Revere?" "In the streets, sir." "And how many were in the streets?" "More, sir, than there are stars in the sky."

Washington's fruitful suggestion.

Between Samuel Adams and Thomas Jefferson there were several points of resemblance, the chief of which was an intense faith in the sound common sense of the mass of the people. This faith was one of the strongest attributes of both these great men. It has usually been supposed that it was this incident of the meeting at the Green Dragon that determined Adams's final attitude in the state convention. Unquestionably, such a demonstration must have had great weight with him. But at the same time the affair was taking such a turn as would have decided him, even without the aid of this famous mass-meeting. The long delay in the decision of the Massachusetts convention had carried the excitement to fever heat throughout the country. Not only were people from New Hampshire and New York and naughty Rhode Island waiting anxiously about Boston to catch every crumb of news they could get, but intrigues were going on, as far south as Virginia, to influence the result. On the 21st of January the "Boston Gazette" came out with a warning, headed by enormous capitals with three exclamation-points: "Bribery and Corruption!!! The most diabolical plan is on foot to corrupt the members of the convention who oppose the adoption of the new Constitution. Large sums of money have been brought from a neighbouring state for that purpose, contributed by the wealthy. If so, is it not probable there may be collections for the same accursed purpose nearer home?" No adequate investigation ever determined whether this charge was true or not. We may hope that it was ill-founded; but our general knowledge of human nature must compel us to admit that there was probably a grain of truth in it. But what was undeniable was that Richard Henry Lee wrote a letter to Gerry, urging that Massachusetts should not adopt the Constitution without insisting upon sundry amendments; and in order to consider these amendments, it was suggested that there should be another Federal Convention. At this anxious crisis, Washington suddenly threw himself into the breach with that infallible judgment of his which always saw the way to victory. "If another Federal Convention is attempted," said Washington, "its members will be more discordant, and will agree upon no general plan. The Constitution is the best that can be obtained at this time… The Constitution or disunion are before us to choose from. If the Constitution is our choice, a constitutional door is open for amendments, and they may be adopted in a peaceable manner, without tumult or disorder."

Massachusetts ratifies, proposing amendments, Feb. 6, 1788.

When this advice of Washington's reached Boston, it set in motion a train of events which soon solved the difficulty, both for Massachusetts and for the other states which had not yet made up their mind. Chief among the objections to the Constitution had been the fact that it did not contain a bill of rights. It did not guarantee religious liberty, freedom of speech and of the press, or the right of the people peacefully to assemble and petition the government for a redress of grievances. It did not provide against the quartering of soldiers upon the people in time of peace. It did not provide against general search-warrants, nor did it securely prescribe the methods by which individuals should be held to answer for criminal offences. It did not even provide that nobody should be burned at the stake or stretched on the rack, for holding peculiar opinions about the nature of God or the origin of evil. That such objections to the Constitution seem strange to us to-day is partly due to the determined attitude of the men who, amid all the troubles of the time, would not consent to any arrangement from which such safeguards to free thinking and free living should be omitted. The friends of the Constitution in Boston now proposed that the convention, while adopting it, should suggest sundry amendments containing the essential provisions of a bill of rights. It was not intended that the ratification should be conditional. Under the circumstances, a conditional ratification might prove as disastrous as rejection. It might lead to a second Federal Convention, in which the good work already accomplished might be undone. The ratification was to be absolute, and the amendments were offered in the hope that action would be taken upon them as soon as the new government should go into operation. There could be little doubt that the suggestion would be heeded, not only from the importance of Massachusetts in the Union, but also from the fact that Virginia and other states would be sure to follow her example in suggesting such amendments. This forecast proved quite correct, and it was in this way that the first ten amendments originated, which were acted on by Congress in 1790, and became part of the Constitution in 1791. As soon as this plan had been matured, Hancock proposed it to the convention; the hearty support of Adams was immediately insured, and within a week from that time, on the 6th of February, the Constitution was ratified by the narrow majority of 187 votes against 168. On that same day Jefferson, in Paris, wrote to Madison: "I wish with all my soul that the nine first conventions may accept the new Constitution, to secure to us the good it contains; but I equally wish that the four latest, whichever they may be, may refuse to accede to it till a declaration of rights be annexed; but no objection to the new form must produce a schism in our Union." But as soon as he heard of the action of Massachusetts, he approved it as preferable to his own idea, and he wrote home urging Virginia to follow the example.