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federation, as a means to remedy which, several of the states, and particularly the state of New York, by express instruction to their delegates in congress, have suggested a Convention for the purpose expressed in the following resolution; and such Convention appearing to be the most probable means of establishing in these states a firm national government

"Resolved, That in the opinion of congress, it is expedient, that on the second Monday in May next, a Convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to congress and the several legislatures, such alterations and provisions therein, as shall, when agreed to in congress, and confirmed by the states, render the federal constitution adequate to the exigences of government, and the preservation of the Union."

In consequence of this, delegates to the Convention were appointed from all the states, except Rhode Island.

To the generation, which since those times has come on to the stage, it may appear singular, that such obstacles to a Convention should have existed. But it is to be remembered that the path to be trod was new and untried. The political elements were in a deranged state. Sectional interests were at war. The principles of free government were not then drawn out and harmonized. No model existed adapted to the country. Is it surprising, then, that the process was slow-that fears were indulged-that opposite views were entertained? On the contrary, looking at the state of the country as it then was—the political and commercial jealousies, which had arisen among the states-their difference in extent, wealth, and population, as well as in the habits, religion, and education of their inhabitants-it may well excite our admiration, that a few years achieved such important changes, and produced a constitution, which has operated so happily in its practical influence upon political communities so distinct, and to this day so independent.

Among the causes which served to produce a general conviction of the necessity of a more efficient government, none, perhaps, had greater influence, than the insurrection in Massachusetts, in the year 1786. "This open and formidable opposition to the laws," observes a writer, "threatened not only the destruction of the government of that state, but of the Union. So numerous were the insurgents in the western counties, and so confident of success, and even of support from their fellow-citizens, that they refused all terms of accommodation offered by the legislature. They completely obstructed judicial proceedings in several counties, and for a time, it was extremely doubtful, whether a sufficient force could be found in Massachusetts to reduce them to obedience."

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The delegates appointed by the states to convene at Philadelphia, met at the time and place designated. George Washington was unanimously elected to preside in their deliberations.

A question of great magnitude presented itself, in the very commence. ment of their session, viz.: whether they should amend the old, or form a new system. For the former object they had been appointed, congress having limited their powers to revising the articles of the confederation. But the defects of the old government were so many, and so serious, that the voice of the majority decided in favor of an entirely new system. Ac* Pitkin's Civil History.

cordingly on the 29th of May, Edmund Randolph, of Virginia, submitted fifteen resolutions, as the basis of a new constitution. These resolutions, denominated the Virginia plan, were debated and amended, until the 15th of June, when Mr. Patterson, of New Jersey, presented a project, for revising the articles of confederation. This was called the Jersey plan. The propositions of this latter plan having been the subject of debate till the 19th of June, were rejected by seven states against three, and one divided. The resolutions of Mr. Randolph therefore again came under consideration, and on the 4th of July, with the exception of those relating to the executive, were referred to a committee, consisting of Mr. Rutledge, Mr. Randolph, Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, for the purpose of reducing them to the form of a constitution. On the 26th of the same month, those relating to the executive having been adopted, they, with various other propositions submitted by individuals, were referred to the same committee, and the Convention adjourned to the 6th of August, when the committee reported a draft of a constitution. This was under debate until the 8th of September, and underwent many material alterations. A committee, consisting of Mr. Johnson, Mr. Hamilton, G. Morriss, Mr. Madison, and Mr. King was then selected "to revise the style, and arrange the articles." The manner in which these eminent scholars and statesmen performed the duty assigned them, appears from the great precision and accuracy of the language of the Constitution, as well as the happy arrangement of its various

articles.

The report of this committee was made on the 12th, and on the 17th of September, after a session of about four months, the Constitution was finally adopted, and signed by all the members then present.

During the progress of debate, several questions of interest arose in the Convention but none, perhaps, more exciting than that which related to the relative weight of the states, in the two branches of the legislature. After much debate, the small states consented that the right of suffrage in the house, should be in proportion to the whole number of white, or other free citizens in each, mcluding those bound to service for a term of years, and three fifths of all other persons. While they yielded this point, they insisted on an equal vote in the senate.

To this the large states were unwilling to assent; and on this question, the states remained, for a time, about equally divided. On the first trial, in committee of the whole, six states against five decided that the right of suffrage in the senate should be the same as in the house; the states of Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia, being in the affirmative; and Connecticut, New York, New Jersey, Delaware, and Maryland, in the negative.

On the 29th of June, the question was again presented to the consideration of the Convention, in a motion made by Mr. Ellsworth, "that in the second branch, each state should have an equal vote." We cannot pretend to give even an outline of the arguments in favor and against this motion. The debate was warm and exciting. For several days, the powers of mighty minds were in animated collision, and from the strong ramparts behind which the respective parties had apparently entrenched themselves, there was for a time little prospect of union on the question.

On the 2d of July, the question was taken on the motion of Mr. Ellsworth, that in the senate each state should have one vote, and five states were in

favor of it, five against it, and one divided; and the motion was lost. This equal division on a subject of such importance, accompanied with so much warmth on both sides, seemed to present an insurmountable obstacle to further proceedings of the Convention, without some compromise. To effect this, Charles C. Pinckney, of South Carolina, moved for the appointment of a committee to take into consideration the subject of both branches of the legislature. This motion prevailed, though not without opposition. Some of the members were in favor of appointing a committee, though they had little expectation of a favorable result. Mr. Martin, of Maryland, declared, that each state must have an equal vote, or the business of the Convention was at an end.

Mr. Sherman said, we have got to a point, that we cannot move one way or the other; a committee is necessary to set us right. Mr. Gerry observed, that the world expected something from them-if we do nothing, we must have war and confusion-the old confederation would be at an end. Let us see if concessions cannot be made-accommodation is absolutely necessary, and defects may be amended by a future Conven

tion.

Thus the Convention was at a stand. Hopes were indeed entertained that unanimity of views might on some basis prevail, but the longer continuance of the debate, in the then existing state of the Convention, it was apparent, was engendering no good. About this time, the venerable Franklin rose and addressed the President:

"Mr. President—The small progress we have made after four or five weeks' close attendance and continual reasonings with each other, our different sentiments on almost every question, several of the last producing as many noes as ayes, is, methinks, a melancholy proof of the mperfection of the human understanding. We indeed seem to feel our want of polit ical wisdom, since we have been running all about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been originally formed with the seeds of their own dissolution, now no longer exist; and we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances. In this situation of this assembly, groping, as it were, in the dark, to find political truth, and scarce able to distinguish it when presented to us, how has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our understandings? In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for the divine protection? Our prayers, sir, were heard; and they were graciously answered. All of us, who were engaged in the struggle, must have observed frequent instances of a superintending providence in our favor. To that kind providence we owe this happy opportunity of consulting in peace, on the means of establishing our future national felicity. And have we now forgotten that powerful friend?—or do we imagine we no longer need his assistance? I have lived, sir, a long time; and the longer I live, the more convincing proofs I see of this truth-that God governs in the affairs of men! And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, sir, in the sacred writings, that 'except the Lord build the house, they labor in

vain that build it.' I firmly believe this; and I also believe, that without his concurring aid, we shall succeed in this political building no better than the builders of Babel: we shall be divided by our little partial local interests, our projects will be confounded, and we ourselves shall become a reproach and a by-word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom, and leave it to chance, war, and conquest.

I therefore beg leave to move, that henceforth prayers, imploring the assistance of heaven, and its blessings on our deliberations, be held in this assembly every morning, before we proceed to business; and that one or more of the clergy of this city be requested to officiate in that service."

This was a well timed suggestion, and coming as it did from so venerable a man as Dr. Franklin, was responded to by the Convention. It is wonderful that the blessing and guidance of the God of nations had not been sought before.

Impressed with the necessity of compromise, the convention chose : committee by ballot, consisting of one from each state, and then adjourne for three days. On re-assembling, it was found that greater harmony prevailed a report was presented from the committee, which being accepted, the Convention proceeded with a good degree of unanimity in their delib erations, until at length a constitution was agreed upon. Of the fifty-five members who attended the Convention, thirty-nine signed this instrument Of the remaining sixteen, several who were in favor of it were obliged, from particular business, to leave the Convention before it was ready for signing.

The Convention recommended that the constitution should be submitted to state conventions, and that as soon as the same should be ratified by a constitutional majority, congress should take measures for the election of a President, and fix the time for commencing proceedings under it.

At the first session of the first congress, the senate and house of representatives, two thirds concurring, recommended to the states the adoption of twelve amendments to the constitution, comprising chiefly those parts of the recommendations of the states which we have already noticed as having been adopted. Ten of these amendments were adopted by three fourths of the legislatures of the states, and became a part of the constitution. Subsequently three other amendments were added.

On the 10th of January, 1791, Vermont, the first of the new states, joined the Union, and gave its assent to the constitution. Since then, the constitu tion has been adopted, assented to and ratified by other states, until there are now in the Republic twenty-six states, which it is hoped are connected by ties which will continue unbroken so long as time shall last.†

Pitkin's Civil History.

+ Mansfield's Political Grammar.

411

CHAPTER X.-INDIAN TRIBES.

THE North American Indians are of a red copper color, with some diversity of shade. The men are of the middle stature, large boned, and well made; with small black eyes, lodged in deep sockets, high cheek bones, nose more or less aquiline, mouth large, lips rather thick, and the hair of the head black, straight, and coarse. In some tribes, they carefully extract the hair of the beard and other parts of the body, and hence were long believed destitute of that excrescence. The general expression of the countenance is gloomy and severe. Formerly, some tribes flattened the heads of their infants by artificial pressure; but at present, that practice is unknown to the east of the Rocky mountains. They have a sound under standing, quick apprehension, and retentive memory, with an air of indifference in their general behavior.

The women, or squaws, differ considerably from the men, both in person and features. They are commonly short, with homely, broad faces; but have often an expression of mildness and sweetness in their looks.

Except when engaged in war, hunting and fishing are the sole employments of the men. By means of these, by the spontaneous productions of the earth, and by a partial cultivation of the soil, they procure a precarious subsistence; feasting freely when successful in the chase, but capable of great abstinence, when provisions are less plentiful. Some of the tribes, when first visited by Europeans, raised considerable crops; and they taught the early settlers in New England to plant and dress maize. At present, several nations cultivate maize, beans, pumpkins, and water-melons; and in this way considerably increase their means of subsistence.

The sight, smell, and hearing of the Indians, being frequently and attentively exercised, are all remarkably acute. They can trace the footsteps of man or beast through the forest, and over the plain and mountain, where an inexperienced eye cannot discern the slightest vestige. They can often judge, with much accuracy, how many persons have been in the company, how long it is since they passed, and even, at times, to what nation they belonged. They can pursue their course through the pathless forest, or over the snowy mountain, with undeviating certainty, and are guided by marks which entirely escape the notice of an European.

Strangers to letters, and untutored by learning, their passions, which are little curbed by parental authority, grow up wild and unpruned, like the trees of their native forests. They are fickle and capricious; irascible and impetuous; kind to their friends, vindictive and cruel towards their enemies; and in order to execute their revenge, they readily exercise dissimulation and deceit, and shrink from no toil or danger. Their distinguishing qualities are strength, cunning, and ferocity; and as war is their first employment, so bravery is their first virtue.

The ancient weapon of the hunter was the bow and arrow; but most of them have now procured guns. Their dress differs considerably in diffe

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