CHAPTER I. THE CONSTITUTION IN CONGRESS AND IN VIRGINIA. SEPTEMBER TO NOVEMBER, 1787. I. Sept. ON the twentieth of September, the letter of CHAP. Washington, as president of the convention, to the president of congress, the full text of the proposed 1787. constitution, and the order of the convention, were 20. laid before congress, and on the next day appeared 21. in the daily papers of New York. The letter plainly said: The powers necessary to be vested in "the general government of the union" are too extensive to be delegated to "one body of men." "It is impracticable, in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all; it is difficult to draw with precision the line between those rights which must be surrendered and those which may be reserved; on the present occasion this difficulty was increased by a difference among the several states as to their situation, extent, habits, and particular interests. "We kept steadily in view the consolidation of our CHAP. union, in which is involved our prosperity, felicity, I. safety, perhaps our national existence. And thus the 1787. constitution which we now present is the result of that Sept. 21. mutual deference and concession, which the peculiarity of our political situation rendered indispensable."1 The constitution instantly met with opposition from the indefatigable Richard Henry Lee,' supported by Nathan Dane' and all the delegates from New York, of whom Melancthon Smith was the ablest. Till Madison returned, the delegates from Virginia were equally divided, Grayson opposing the government because it was too feeble, and Lee because it was too strong. Already the New York faction was actively scattering the seeds of opposition, and Hamilton dauntlessly opposing them in the public papers by arguments for union." It was only out of the ashes of the confederation that the new constitution could spring into being; and the letter of the convention did indeed invite congress to light its own funeral pyre. On the 26. twenty-sixth it was first contended that congress could not properly give any positive countenance to a measure subversive of the confederation to which they owed their existence. To this it was answered, that in February congress itself had recommended the convention as "the most probable means of establishing a firm national government," and that it was not now more restrained from acceding to the new plan than the convention from proposing it. If the 1 New York Daily Advertiser, 20 and 21 Sept., 1787; New York Packet, 21 Sept., 1787. Carrington to Madison, Sunday, 23 Sept., 1787. MS. Gilpin, 643,650; Elliot, 566, 568. Carrington to Jefferson, 23 Oct., 1787. MS. 'Carrington to Madison, 23 Sept., 1787. ་ I. Sept. plan was within the powers of the convention, it was CHAP. within those of congress; if beyond those powers, the necessity which justified the one would justify the 1787. other; and the necessity existed if any faith was due 26. to the representations of congress themselves, confirmed by twelve states in the union and by the general voice of the people. 1 Lee next attempted to amend the act of the convention before it should go forth from congress to the people. "Where," said he, "is the contract between the nation and the government? The constitution makes no mention but of those who govern, and never speaks of the rights of the people who are governed." He wished to qualify the immense power of the government by a bill of rights, which had always been regarded as the palladium of a free people. The bill of rights was to relate to the rights of conscience, the freedom of the press, the trial by jury in civil cases as well as criminal, the prohibition of standing armies, freedom of elections, the independence of the judges, security against excessive bail, fines, or punishments, against unreasonable searches or seizure of persons, houses, papers, or property; and the right of petition. He further proposed amendments to the constitution; a council of state or privy council, to be joined with the presi dent in the appointment of all officers, so as to prevent the blending of legislative and executive powers; no vice-president; an increase of the number of the representatives; and the requisition of more than a majority to make commercial regulations. 1 Minister Otto to Count Montmorin, New York, 23 Oct., 1787. |