The Critical Period of American History

Massachusetts was thus the sixth state to ratify the Constitution. On that day the name of the Long Lane by the meeting-house where the convention had sat was changed to Federal Street. The Boston people, said Henry Knox, had quite lost their senses with joy. The two counties of Worcester and Berkshire had given but 14 yeas against 59 nays, but the farmers went home declaring that they should cheerfully abide by the decision of the majority. Not a murmur was heard from any one.

Maryland ratifies, April 28.

Debates in the South Carolina legislature.

South Carolina ratifies, May 23.

About the time that the Massachusetts convention broke up, that of New Hampshire assembled at Exeter; but after a brief discussion it was decided to adjourn until June, in order to see how the other states would act. On the 21st of April the Maryland convention assembled at Annapolis. All the winter Patrick Henry had been busily at work, with the hope of inducing the southern states to establish a separate confederacy; but he had made little headway anywhere, and none at all in Maryland, where his influence was completely counteracted by that of Washington. Above all things, said Washington, do not let the convention adjourn till the matter is decided, for the Antifederalists are taking no end of comfort from the postponement in New Hampshire. Their glee was short-lived, however. Some of Maryland's strongest men, such as Luther Martin and Samuel Chase, were Antifederalists; but their efforts were of no avail. After a session of five days the Constitution was ratified by a vote of 63 to 11. Whatever damage New Hampshire might have done was thus more than made good. The eyes of the whole country were now turned upon the eighth state, South Carolina. Her convention was to meet at Charleston on the 12th of May, the anniversary of the day on which General Lincoln had surrendered that city to Sir Henry Clinton; but there had been a decisive preliminary struggle in the legislature in January. The most active of the Antifederalists was Rawlins Lowndes, who had opposed the Declaration of Independence. Lowndes was betrayed into silliness. "We are now," said he, "under a most excellent constitution, – a blessing from Heaven, that has stood the test of time [!!], and given us liberty and independence; yet we are impatient to pull down that fabric which we raised at the expense of our blood." This was not very convincing to the assembly, most of the members knowing full well that the fabric had not stood the test of time, but had already tumbled in by reason of its vicious construction. A more effective plea was that which referred to the slave-trade. "What cause is there," said Lowndes, "for jealousy of our importing negroes? Why confine us to twenty years? Why limit us at all? This trade can be justified on the principles of religion and humanity. They do not like our having slaves because they have none themselves, and therefore want to exclude us from this great advantage." Cotesworth Pinckney replied: "By this settlement we have secured an unlimited importation of negroes for twenty years. The general government can never emancipate them, for no such authority is granted, and it is admitted on all hands that the general government has no powers but what are expressly granted by the Constitution. We have obtained a right to recover our slaves in whatever part of the country they may take refuge, which is a right we had not before. In short, considering all circumstances, we have made the best terms in our power for the security of this species of property. We would have made better if we could; but, on the whole, I do not think them bad." Perhaps Pinckney would not have assumed exactly this tone at Philadelphia, but at Charleston the argument was convincing. Lowndes then sounded the alarm that the New England states would monopolize the carrying-trade and charge ruinous freights, and he drew a harrowing picture of warehouses packed to bursting with rice and indigo spoiling because the owners could not afford to pay the Yankee skippers' prices for carrying their goods to market. But Pinckney rejoined that a Yankee shipmaster in quest of cargoes would not be likely to ruin his own chances for getting them, and he called attention to the great usefulness of the eastern merchant marine as affording material for a navy, and thus contributing to the defence of the country. Finally Lowndes put in a plea for paper money, but with little success. The result of the debate set the matter so clearly before the people that a great majority of Federalists were elected to the convention. Among them were Gadsden, the Rutledges and the Pinckneys, Moultrie, and William Washington, who had become a citizen of the state from which he had helped to expel the British invader. The Antifederalists were largely represented by men from the upland counties, belonging to a population in which there was considerable likeness all along the Appalachian chain of mountains, from Pennsylvania to the southern extremity of the range. There were among them many "moonshiners," as they were called, – distillers of illicit whiskey, – and they did not relish the idea of a federal excise. At their head was Thomas Sumter, a convert to Patrick Henry's scheme for a southern confederacy. Their policy was one of delay and obstruction, but it availed them little, for on the 23d of May, after a session of eleven days, South Carolina ratified the Constitution by a vote of 149 against 73.

Important effect upon Virginia.

Debates in the Virginia Convention.

Madison and Marshall prevail and Virginia ratifies, June 25.

The sound policy of the Federal Convention in adopting the odious compromise over the slave-trade was now about to bear fruit. In Virginia there had grown up a party which favoured the establishment of a separate southern confederacy. By the action of South Carolina all such schemes were now nipped in the bud. Of the states south of Mason and Dixon's line, three had now ratified the Constitution, so that any separate confederacy could now consist only of Virginia and North Carolina. The reason for this short-lived separatist feeling in Virginia was to be found in the complications which had grown out of the attempt of Spain to close the Mississippi River. It will be remembered that only two years before Jay had actually recommended to Congress that the right to navigate the lower Mississippi be surrendered for twenty-five years, in exchange for a favourable commercial treaty with Spain. The New England states, caring nothing for the distant Mississippi, supported this measure in Congress; and this narrow and selfish policy naturally created alarm in Virginia, which, in her district of Kentucky, touched upon the great river. Thus to the vague dread of the southern states in general, in the event of New England's controlling the commercial policy of the government, there was added, in Virginia's case, a specific fear. If the New England people were thus ready to barter away the vital interests of a remote part of the country, what might they not do? Would they ever stop at anything so long as they could go on building up their commerce? This feeling strongly influenced Patrick Henry in his desire for a separate confederacy; and we have seen how Randolph and Mason, in the Federal Convention, were so disturbed at the power given to Congress to regulate commerce by a simple majority of votes that they refused to set their names to the Constitution. They alleged further reasons for their refusal, but this was the chief one. They wanted a two thirds vote to be required, in order that the south might retain the means of protecting itself. Under these circumstances the opposition to the Constitution was very strong, and but for the action of South Carolina the party in favour of a separate confederacy might have been capable of doing much mischief. As it was, since that party had actively intrigued both in South Carolina and Maryland, the ratification of the Constitution by both these states was a direct rebuff. It quite demoralized the advocates of secession. The paper-money men, moreover, were handicapped by the fact that two of the most powerful Antifederalists, Mason and Lee, were determined opponents of a paper currency, so that this subject had to be dropped or very gingerly dealt with. The strength of the Antifederalists, though impaired by these causes, was still very great. The contest was waged with all the more intensity of feeling because, since eight states had now adopted the Constitution, the verdict of Virginia would be decisive. The convention met at Richmond on the 2d of June, and Edmund Pendleton was chosen president. Foremost among the Antifederalists was Patrick Henry, whose eloquence was now as zealously employed against the new government as it had been in bygone days against the usurpations of Great Britain. He was supported by Mason, Lee, and Grayson, as well as by Benjamin Harrison and John Tyler, the fathers of two future presidents; and he could count on the votes of most of the delegates from the midland counties, from the south bank of the James River, and from Kentucky. But the united talents of the opposition had no chance of success in a conflict with the genius and tact of Madison, who at one moment crushed, at another conciliated, his opponent, but always won the day. To Madison, more than any other man, the Federalist victory was due. But he was ably seconded by Governor Randolph, whom he began by winning over from the opposite party, and by the favourite general and eloquent speaker, "Light-Horse Harry." Conspicuous in the ranks of Federalists, and unsurpassed in debate, was a tall and gaunt young man, with beaming countenance, eyes of piercing brilliancy, and an indescribable kingliness of bearing, who was by and by to become chief justice of the United States, and by his masterly and far-reaching decisions to win a place side by side with Madison and Hamilton among the founders of our national government. John Marshall, second to none among all the illustrious jurists of the English race, was then, at the age of thirty-three, the foremost lawyer in Virginia. He had already served for several terms in the state legislature, but his national career began in this convention, where his arguments with those of Madison, reinforcing each other, bore down all opposition. The details of the controversy were much the same as in the states already passed in review, save in so far as coloured by the peculiar circumstances of Virginia. After more than three weeks of debate, on the 25th of June, the question was put to vote, and the Constitution was ratified by the narrow majority of 89 against 79. Amendments were offered, after the example of Massachusetts, which had already been followed by South Carolina and the minority in Maryland; and, as in Massachusetts, the defeated Antifederalists announced their intention to abide loyally by the result.

New Hampshire had already ratified, June 21.

The discussion had lasted so long that Virginia lost the distinction of being the ninth state to ratify the Constitution. That honour had been reserved for New Hampshire, whose convention had met on the anniversary of Bunker Hill, and after a four days' session, on the 21st of June, had given its consent to the new government by a vote of 57 against 46. The couriers from Virginia and those from New Hampshire, as they spurred their horses over long miles of dusty road, could shout to each other the joyous news in passing. Though the ratification of New Hampshire had secured the necessary ninth state, yet the action of Virginia was not the less significant and decisive. Virginia was at that time, and for a quarter of a century afterward, the most populous state in the Union, and one of the greatest in influence. Even with the needed nine states all in hand, it is clear that the new government could not have gone into successful operation with the leading state, the home of Washington himself, left out in the cold. The New Roof, as men were then fond of calling the Federal Constitution, must speedily have fallen in without this indispensable prop. When it was known that Virginia had ratified, it was felt that the victory was won, and the success of the new scheme assured. The 4th of July, 1788, witnessed such loud rejoicings as have perhaps never been seen before or since on American soil. In Philadelphia there was a procession miles in length, in which every trade was represented, and wagons laden with implements of industry or emblematic devices alternated with bands of music and gorgeous banners. There figured the New Roof, supported by thirteen columns, and there was to be seen the Ship of State, the good ship Constitution, made out of the barge which Paul Jones had taken from the shattered and blood-stained Serapis, after his terrible fight. As for the old scow Confederacy, Imbecility master, it was proclaimed she had foundered at sea, and "the sloop Anarchy, when last heard from, was ashore on Union Rocks." All over the country there were processions and bonfires, and in some towns there were riots. In Providence the Federalists prepared a barbecue of oxen roasted whole, but a mob of farmers, led by three members of the state legislature, attempted to disperse them, and were with some difficulty pacified. In Albany the Antifederalists publicly burned the Constitution, whereupon a party of Federalists brought out another copy of it, and nailed it to the top of a pole, which they planted defiantly amid the ashes of the fire their opponents had made. Out of these proceedings there grew a riot, in which knives were drawn, stones were thrown, and blood was shed.

The struggle in New York.

The "Federalist."

Such incidents might have served to remind one that the end had not yet come. The difficulties were not yet surmounted, and the rejoicing was in some respects premature. It was now settled that the new government was to go into operation, but how it was going to be able to get along without the adhesion of New York it was not easy to see. It is true that New York then ranked only as fifth among the states in population, but commercially and militarily she was the centre of the Union. She not only touched at once on the ocean and the lakes, but she separated New England from the rest of the country. It was rightly felt that the Union could never be cemented without this central state. So strongly were people impressed with this feeling that some went so far as to threaten violence. It was said that if New York did not come into the Union peacefully and of her own accord, she should be conquered and dragged in. That she would come in peacefully seemed at first very improbable. When the state convention assembled at Poughkeepsie, on the 17th of June, more than two thirds of its members were avowed Antifederalists. At their head was the governor, George Clinton, hard-headed and resolute, the bitterest hater of the Constitution that could be found anywhere in the thirteen states. Foremost among his supporters were Yates and Lansing, with Melanchthon Smith, a man familiar with political history, and one of the ablest debaters in the country. On the Federalist side were such eminent men as Livingston and Jay; but the herculean task of vanquishing this great hostile majority, and converting it by sheer dint of argument into a majority on the right side, fell chiefly upon the shoulders of one man. But for Alexander Hamilton the decision of New York would unquestionably have been adverse to the Constitution. Nay, more, it is very improbable that, but for him, the good work would have made such progress as it had in the other states. To get the people to adopt the Constitution, it was above all things needful that its practical working should be expounded, in language such as every one could understand, by some writer endowed in the highest degree with political intelligence and foresight. Upon their return from the Federal Convention, Yates and Lansing had done all in their power to bring its proceedings into ill-repute. Pamphlets and broadsides were scattered right and left. The Constitution was called the "triple-headed monster," and declared to be "as deep and wicked a conspiracy as ever was invented in the darkest ages against the liberties of a free people." It soon occurred to Hamilton that it would be well worth while to explain the meaning of all parts of the Constitution in a series of short, incisive essays. He communicated his plan to Madison and Jay, who joined him in the work, and the result was the "Federalist," perhaps the most famous of American books, and undoubtedly the most profound and suggestive treatise on government that has ever been written. Of the eighty-five numbers originally published in the "Independent Gazetteer," under the common signature of "Publius," Jay wrote five, Madison twenty-nine, and Hamilton fifty-one. Jay's papers related chiefly to diplomatic points, with which his experience abroad had fitted him to deal. The first number was written by Hamilton in the cabin of a sloop on the Hudson, in October, 1787; and they continued to appear, sometimes as often as three or four in a week, through the winter and spring. Madison would have contributed a larger share than he did had he not been called early in March to Virginia to fight the battle of the Constitution in that state. The essays were widely and eagerly read, and probably accomplished more toward insuring the adoption of the Constitution than anything else that was said or done in that eventful year. They were hastily written, – struck out at white heat by men full of their subject. Doubtless the authors did not realize the grandeur of the literary work they were doing, and among the men of the time there were few who foresaw the immortal fame which these essays were to earn. It is said of one of the senators in the first Congress that he made the memorandum, "Get the 'Federalist,' if I can, without buying it. It isn't worth it." But for all posterity the "Federalist" must remain the most authoritative commentary upon the Constitution that can be found; for it is the joint work of the principal author of that Constitution and of its most brilliant advocate.

In nothing could the flexibleness of Hamilton's intellect, or the genuineness of his patriotism, have been more finely shown than in the hearty zeal and transcendent ability with which he now wrote in defence of a plan of government so different from what he would himself have proposed. He made Madison's thoughts his own, until he set them forth with even greater force than Madison himself could command. Yet no arguments could possibly be less chargeable with partisanship than the arguments of the "Federalist." The judgment is as dispassionate as could be shown in a philosophical treatise. The tone is one of grave and lofty eloquence, apt to move even to tears the reader who is fully alive to the stupendous issues that were involved in the discussion. Hamilton was supremely endowed with the faculty of imagining, with all the circumstantial minuteness of concrete reality, political situations different from those directly before him; and he put this rare power to noble use in tracing out the natural and legitimate working of such a Constitution as that which the Federal Convention had framed.

Hamilton wins the victory, and New York ratifies, July 26.

When it came to defending the Constitution before the hostile convention at Poughkeepsie, he had before him as arduous a task as ever fell to the lot of a parliamentary debater. It was a case where political management was out of the question. The opposition were too numerous to be silenced, or cajoled, or bargained with. They must be converted. With an eloquence scarcely equalled before or since in America until Webster's voice was heard, Hamilton argued week after week, till at last Melanchthon Smith, the foremost debater of Clinton's party, broke away, and came to the Federalist side. It was like crushing the centre of a hostile army. After this the Antifederalist forces were confused and easily routed. The decisive struggle was over the question whether New York could ratify the Constitution conditionally, reserving to herself the right to withdraw from the Union in case the amendments upon which she had set her heart should not be adopted. Upon this point Hamilton reinforced himself with the advice of Madison, who had just returned to New York. Could a state once adopt the Constitution, and then withdraw from the Union if not satisfied? Madison's reply was prompt and decisive. No, such a thing could never be done. A state which had once ratified was in the federal bond forever. The Constitution could not provide for nor contemplate its own overthrow. There could be no such thing as a constitutional right of secession. When Melanchthon Smith deserted the Antifederalists on this point, the victory was won, and on the 26th of July, New York ratified the Constitution by the bare majority of 30 votes against 27. Rejoicings were now renewed throughout the country. In the city of New York there was an immense parade, and as the emblematic federal ship was drawn through the streets, with Hamilton's name emblazoned on her side, it was doubtless the proudest moment of the young statesman's life.

The laggard states, North Carolina and Rhode Island.

New York, however, dogged her acceptance by proposing, a few days afterward, that a second Federal Convention be called for considering the amendments suggested by the various states. The proposal was supported by the Virginia legislature, but Massachusetts and Pennsylvania opposed it, as having a dangerous tendency to reopen the whole discussion and unsettle everything. The proposal fell to the ground. People were weary of the long dispute, and turned their attention to electing representatives to the first Congress. With the adhesion of New York all serious anxiety came to an end. The new government could be put in operation without waiting for North Carolina and Rhode Island to make up their minds. The North Carolina convention met on the 21st of July, and adjourned on the 1st of August without coming to any decision. The same objections were raised as in Virginia; and besides, the paper-money party was here much stronger than in the neighbouring state. In Rhode Island paper money was the chief difficulty; that state did not even take the trouble to call a convention. It was not until the 21st of November, 1789, after Washington's government had been several months in operation, that North Carolina joined the Federal Union. Rhode Island did not join till the 29th of May, 1790. If she had waited but a few months longer, Vermont, the first state not of the original thirteen, would have come in before her.

The autumn of 1788 was a season of busy but peaceful electioneering. That remarkable body, the Continental Congress, in putting an end to its troubled existence, decreed that presidential electors should be chosen on the first Wednesday of January, 1789, that the electors should meet and cast their votes for president on the first Wednesday in February, and that the Senate and House of Representatives should assemble on the first Wednesday in March. This latter day fell, in 1789, on the 4th of the month, and accordingly, three years afterward, Congress took it for a precedent, and decreed that thereafter each new administration should begin on the 4th of March. It was further decided, after some warm debate, that until the site for the proposed federal city could be selected and built upon, the seat of the new government should be the city of New York.

First presidential election, Jan. 7, 1789.

In accordance with these decrees, presidential elections were held on the first Wednesday in January. The Antifederalists were still potent for mischief in New York, with the result that, just as that state had not joined in the Declaration of Independence until after it had been proclaimed to the world, and just as she refused to adopt the Federal Constitution until after more than the requisite number of states had ratified it, so now she failed to choose electors, and had nothing to do with the vote that made Washington our first president. The other ten states that had ratified the Constitution all chose electors. But things moved slowly and cumbrously at this first assembling of the new government. The House of Representatives did not succeed in getting a quorum together until the 1st of April. On the 6th, the Senate chose John Langdon for its president, and the two houses in concert counted the electoral votes. There were 69 in all, and every one of the 69 was found to be for George Washington of Virginia. For the second name on the list there was nothing like such unanimity. It was to be expected that the other name would be that of a citizen of Massachusetts, as the other leading state in the Union. The two foremost citizens of Massachusetts bore the same name, and were cousins. There would have been most striking poetic justice in coupling with the name of Washington that of Samuel Adams, since these two men had been indisputably foremost in the work of achieving the independence of the United States. But for the hesitancy of Samuel Adams in indorsing the Federal Constitution, he would very likely have been our first vice-president and our second president. But the wave of federalism had now begun to sweep strongly over Massachusetts, carrying everything before it, and none but the most ardent Federalists had a chance to meet in the electoral college. Voices were raised in behalf of Samuel Adams. While we honour the American Fabius, it was said, let us not forget the American Cato. It was urged by some, with much truth, that but for his wise and cautious action in the Massachusetts convention, the good ship Constitution would have been fatally wrecked upon the reefs of Shaysism. His course had not been that of an obstructionist, like that of his old friends Henry and Lee and Gerry; but at the critical moment – one of the most critical in all that wonderful crisis – he had thrown his vast influence, with decisive effect, upon the right side. All this is plain enough to the historian of to-day. But in the political fervour of the election of 1789, the fact most clearly visible to men was that Samuel Adams had hesitated, and perhaps made things wait. These points came out most distinctly on the issue of his election to the Federal Congress, in which he was defeated by the youthful Fisher Ames, whose eloquence in the state convention had been so conspicuous and useful; but they serve to explain thoroughly why he was not put upon the presidential list along with Washington. His cousin, John Adams, had just returned from his mission to England, weary and disgusted with the scanty respect which he had been able to secure for a feeble league of states that could not make good its own promises. His services during the Revolution had been of the most splendid sort: and after Washington, he was the second choice of the electoral college, receiving 34 votes, while John Jay of New York, his nearest competitor, received only 9. John Adams was accordingly declared vice-president.