tatives in proportion to the population, the inclusion of three
fifths of the slaves in ascertaining the people to be represented,
the exemption of exports from taxation, the non-interference
with the importation of slaves until 1808, the imposition of
a tax upon slaves imported, were matters of accommodation,
agreed to in order to secure the assent of the states more
especially benefited by these provisions. You may, indeed,
discuss them upon their merits, and possibly condemn them;
but the states which insisted upon them as important are not
here to persuade or reply to you : unless you respect the ac-
commodation, it is in vain to remind you that to some of the
states equality in the Senate and power in Congress to regu-
late commerce, to make navigation laws, to impose taxes upon
imports, to exercise any power with respect to the slave, were
conceded in the same spirit of compromise. It is easier to
calculate the evils than the advantages of a measure, and we
can only deprecate that appeal to the passions which creates
a prejudice fatal to deliberate examination. We have sought
to equalize the power of the states; to balance the depart-
ments of the government; to lodge the sword in one depart-
ment and the purse in another; to connect the virtue of the
rulers with their interests ; to make the Union dependent upon
the states for its executive and senate; to make the states in-
dependent of the Union, except in those matters of highest
concern to the safety, protection, and benefit of all. We
thought it right that the Union, in the exercise of these pow-
ers of high concern, should not be impeded or trammelled by
the interposition of the state. Such powers may not be effi-
ciently used when most urgently needed, unless they are com-
pletely and supremely held. The members of the Union will
be stronger than the head; the number of their powers will
always be greater. The Union can only exercise such powers
as are conferred; the state can always exercise all that are
not given to the Union.

Such is a skeleton of the principal points urged upon the
one side and the other in the great debate.

After the news from New Hampshire, some of the AntiFederalists manifested a disposition to ratify the Constitution, upon condition that a convention of the states be called to

1

a

a

aclusion of three o be represented

. non-interference ne imposition of accommodation, the states more u may, indeed. ondemn them; ortant are not respect the ac

some of the gress to regu se taxes upon de slave, were t is easier to sure, and we -hich creates have sought the departone depart

adopt amendments, which this convention should propose.
The news of the ratification by Virginia followed in a few
days. The proposition was then made that New York should
ratify, but reserve the right to secede from the Union within
a certain time, if dissatisfied with the experiment. The Fed-
eralists were of the opinion that a conditional ratification was
no ratification at all, and in this view they were confirmed
by the opinion of Madison. The Federalists, however, were
willing to unite in the recommendation of amendments; and
they moved that the ratification be made in the full confi-
dence that the amendments proposed by this state should be
maturely considered, and that until a convention be called
and convened for proposing amendments, the United States
would not exercise certain powers within the state. The test
vote was upon the question, whether the ratification should
be upon condition that the proposed amendments be made to
the Constitution, or in full confidence that such amendments
would be made. The “ full confidence" plan prevailed over
the conditional plan by a majority of only two, in a vote of ,
sixty, and thereupon New York came into the Union.
While this question was pending, Mr. Gilbert Livingston
spoke substantially as follows: “I desire to explain my vote.
The great and final question is about to be taken. I have
had a severe struggle between duty and prejudice. I entered
this house determined to insist upon amendments to the Con-
stitution, before I would consent to support it. But my
present conviction impels me to yield the point. Not that I
believe the Constitution safe unless amended. But in our
present situation with respect to sister states, the wisest thing
to do is to vote for the ratification, in full confidence that the
amendments advised by us will be adopted. I shall so vote,
and appeal to my constituents to ratify my action. I shall
not cease to labor to procure a revision of the Constitution.”

The convention recommended a great number of amendments to be proposed, and then the convention adjourned. There were rejoicings and celebrations by the Federalists, and not a little expression of discomfiture on the part of the AntiFederalists.

North Carolina remained out of the Union until November,

rtue of the

a

Antition, I to

1789, and Rhode Island until June, 1790. Rhode Island was quickened to come in by the fact that Congress, in fixing the duties upon imports, treated this state as a foreign country. The ratification by nine states having been certified to the Congress of the Confederacy, that body adopted a resolution fixing the first Wednesday of March, 1789, as the day when the new government should go into operation. As the day fell on the 4th of March, that date became fixed for the beginning and the end of congressional and presidential terms. The Continental Congress itself stopped on the 3d day. of March, 1789. Its vitality had long been so feeble that its final dissolution attracted no attention.

ORY.

Rhode Island gress, in fixing the a foreign country

. en certified to the dopted a resolution

as the day when tion. As the day

fixed for the be residential terms

the 3d day of feeble that its

LECTURE V.

PRACTICAL EstaBLISHMENT OF THE GOVERNMENT UNDER THE CON

STITUTION. — First MEASURES. INFLUENCE OF HAMILTON AND JEFFERSON.- THE HAMILTONIAN ERA OF LIBERAL CONSTRUCTION. — FORMATION OF PARTIES. - DECISIVE MEASURES OF THE GOVERN

MENT.

The 4th of March, 1789, was the day appointed for the new government to go into operation. The city of New York was named as the temporary seat of government. Her citizens by private subscription provided the means to furnish suitable chambers in which the senators and representatives might meet. But on the first day few senators and representatives appeared. Those who did come were not a little annoyed at the delay of the others. It did not augur well for the new government. Besides, the disparaging pleasantry of the enemies of the new order of things disturbed their composure. But the roads and weather were bad, while some of the elections had been too recent to admit of so early an attendance on the part of those chosen. After waiting a week without obtaining a quorum, a circular was issued to the absentees. This circular pointed out “ the indispensable necessity of putting the government into immediate operation.” But not until the 31st day of March did a quorum of rep sentatives appear, and the senators delayed until the 6th of

, April. The two houses then assembled and counted the electoral vote. It was found that George Washington had all the votes cast, and John Adams had half of them, less one. Under the Constitution, as it then was, Washington became President, and Adams Vice-President. The first presidential electors were chosen by the people in five states, and by the legislatures in five states. The friends of the new Constitution mainly did the voting; those opposed remained away from the polls. The State of New York did not participate in the elec

7

1789, and Rhode Island until June, 1790. Rhode Island was quickened to come in by the fact that Congress, in fixing the duties upon imports, treated this state as a foreign country. The ratification by nine states having been certified to the Congress of the Confederacy, that body adopted a resolution fixing the first Wednesday of March, 1789, as the day when the new government should go into operation. As the day fell on the 4th of March, that date became fixed for the beginning and the end of congressional and presidential terms. The Continental Congress itself stopped on the 3d day of March, 1789. Its vitality had long been so feeble that its final dissolution attracted no attention.

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