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IV.

April

25.

On Friday morning, a member from each of eleven CHAP. several counties and the two cities, one after the other, declared "that he and his colleagues were 1788. under an obligation to vote for the government;" and almost all declared further that they had no authority to propose amendments which their constituents had never considered, and of course could never have directed.' When Paca began to read his amendments, he was called to order by George Gale, of Somerset county, the question before the house being still "on the ratification of the constitution." Chase once more "made a display of all his eloquence;" John F. Mercer discharged his whole artillery of inflammable matter;" and Martin rioted in boisterous "vehemence;" "but no converts were made; no, not one." "

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The friends to the federal government "remained inflexibly silent." The malcontents having tired themselves out, between two and three o'clock on Saturday, the twenty-sixth, the constitution was ratified by sixty-three votes against eleven, Paca voting with the majority. Proud of its great majority of nearly six to one, the convention fixed Monday, at three o'clock, for the time when they would all set their names to the instrument of ratification.

Paca then brought forward his numerous amendments, saying that with them his constituents would receive the constitution, without them would oppose it even with arms. After a short but perplexed debate he was indulged in the appointment of a com

1 Alex. C. Hanson. MS. Elliot, ii. 548.

2 Washington to Madison, 2 May, 1788. MS.

Hanson. MS.

26.

CHAP. mittee of thirteen, of which he himself was the chair

April

26.

IV. man; but they had power only to recommend amend1788. ments to the consideration of the people of Maryland. The majority of the committee readily acceded to thirteen resolutions, explaining the constitution according to the construction of its friends, and restraining congress from exercising power not expressly delegated. The minority demanded more; the committee fell into a wrangle; the convention on 28. Monday sent a summons for them; and Paca, taking the side of the minority, would make no report. Thereupon the convention dissolved itself by a great majority.

The accession of Maryland to the new union by a vote of nearly six to one brought to the constitution the majority of the thirteen United States, and a great majority of their free inhabitants. The state which was cradled in religious liberty gained the undisputed victory over the first velleity of the slaveholding states to form a separate confederacy. "It is a thorn in the sides of the leaders of opposition in this state!" wrote Washington to Madison.' His words of congratulation to Jenifer, of Maryland, were: "Seven affirmative without a negative would almost convert the unerring sister. The fiat of your convention will most assuredly raise the edifice." "

In his hours of meditation he saw the movement of the divine power which gives unity to the universe, and order and connection to events: "It is impracti cable for any one who has not been on the spot to

Washington to Madison, 2

May, 1788. MS.

Washington to Daniel of St. Thomas Jenifer, 27 April, 1788. MS.

realize the change in men's minds, and the progress CHAP. toward rectitude in thinking and acting.

IV.

April

"The plot thickens fast. A few short weeks will 1788. determine the political fate of America for the pres- 28. ent generation, and probably produce no small influence on the happiness of society through a long succession of ages to come. Should everything proceed with harmony and consent according to our actual wishes and expectations, it will be so much beyond anything we had a right to imagine or expect eighteen months ago that it will, as visibly as any possi ble event in the course of human affairs, demonstrate the finger of Providence."1

In South Carolina the new constitution awakened fears of oppressive navigation acts and of disturbance in the ownership of slaves. The inhabitants of the upper country, who suffered from the undue legisla tive power of the city of Charleston and the lower counties, foreboded new inequalities from a consolida tion of the union. A part of the low country, still suffering from the war, had shared the rage for instalment laws, paper money, and payment of debts by appraised property; and to all these the new constitution made an end.

The opposition from Virginia' intrigued for a southern confederacy, while Madison, in entire unison with Washington, wrote to his friends in behalf of union.' They both knew that there was to be resist ance to the constitution, with Rawlins Lowndes for

1 Washington to the Marquis de la Fayette, 28 May, 1788. MS.

"Jefferson to Shippen, 14 July, 1788. "Mr. Henry disseminated

propositions there for a southern
confederacy."

Madison to Washington, 10
April, 1788. Works, i. 384, 885.

CHAP. its spokesman; and as he could by no possibility be IV. elected into the convention, the chief scene of the 1788. opposition could only be the legislature.'

Jan.

16.

In January, 1788, the senate unanimously voted thanks to the members from their state in the federal convention for their faithfulness. On the sixteenth, in the committee of the whole house of representatives, Charles Pinckney gave a history' of the formation and the character of "the federal republic;" which was to operate upon the people and not upon the states. At once Lowndes' objected that the interests of South Carolina were endangered by the clause in the constitution according to which a treaty to be made by two thirds of the senate, and a president who was not likely ever to be chosen from South Carolina or Georgia, would be the supreme law of the land. Cotesworth Pinckney condemned the reasoning as disingenuous. “Every

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treaty," said John Rutledge, "is law paramount and must operate," not less under the confederation than under the constitution." "If treaties are not superior to local laws," asked Ramsay," who will trust them?" • Lowndes proceeded, saying of the confederation: "We are now 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." Now, Rawlins Lowndes

had pertinaciously resisted

the

declaration of inde

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IV.

Jan.

16.

pendence; and, when in 1778 South Carolina had CHAP. made him her governor, had in her reverses sought British protection. He proceeded: "When this new 1788. constitution shall be adopted, the sun of the southern states will set, never to rise again. What cause is there 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 relig ion and humanity. They do not like our slaves be cause they have none themselves, and, therefore, want to exclude us from this great advantage."

"Every state," interposed Pendleton, "has prohibited the importation of negroes except Georgia and the two Carolinas."

Lowndes continued: "Without negroes this state would degenerate into one of the most contemptible in the union. Negroes are our wealth, our only natural resource; yet our kind friends in the North are determined soon to tie up our hands, and drain us of what we have."

"Against the restrictions that might be laid on the African trade after the year 1808," said Cotesworth Pinckney, "your delegates had to contend with the religious and political prejudices of the eastern and middle states, and with the interested and inconsist ent opinion of Virginia. It was alleged that slaves increase the weakness of any state which admits them; that an invading enemy could easily turn them against ourselves and the neighboring states; and that, as we are allowed a representation for them, our influence in government would be increased in proportion as we were less able to defend ourselves.

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