II. June 24. Clinton claimed that he and his own partisans were CHAP. "the friends to the rights of mankind;" their oppo nents "the advocates of despotism;" "the most that 1788. had been said by the new government men had been but a second edition of The Federalist well delivered. One of the New York delegates," meaning Hamilton, "had in substance, though not explicitly, thrown off the mask, his arguments tending to show the necessity of a consolidated continental government to the exclusion of any state government." On the twenty-seventh Hamilton replied by a full declaration of his opinions. "The establishment of a republican government on a safe and solid basis is the wish of every honest man in the United States, and is an object, of all others, the nearest and most dear to my own heart. This great purpose requires strength and stability in the organization of the gov ernment, and vigor in its operations. The state governments are essentially necessary to the form and spirit of the general system. With the representative system a very extensive country may be gov. erned by a confederacy of states in which the supreme legislature has only general powers, and the civil and domestic concerns of the people are regulated by the laws of the several states. State governments must form a leading principle. They can never lose their powers till the whole people of America are robbed of their liberties." 2 In answer to Hamilton on this and two other occasions, Clinton carefully set forth the principles on 1 Elliot, ii. 301, 304. For Hamilton's brief of his speeches in June [not of those in July], see Hamil- 2 Elliot, ii. 352–355. 27. June- June CHAP. which he reposed. During the war he had wished II. for a strong federal government; he still wished a 1788. federal republic for the mutual protection of the states July. and the security of their equal rights. In such a confederacy there should be a perfect representation; but of that representation "the states are the creative principle," and, having equal rights, ought for their protection to be equally represented. The delegates and the senators of a state should be subject to its instructions and liable to be recalled at its pleasure, for the representation should be an exact and continuous representation of its reflection and judgment and will. Moreover, the senators should vote in their place not as individuals, but collectively, as the representation of the state. He would further have the members of congress depend on the states for support. Above all he abhorred the idea of reducing the states to the degraded situation of petty corporations and rendering them liable to suits. "The sovereignty of the states he considered the only stable security for the liberties of the people against the encroachments of power."1 July 3. On the third of July, while the convention was still engaged in considering the constitution, and noting the propositions of amendments, the decisive news of the unconditional ratification of the constitution by Virginia broke on its members; and from that moment it was certain that they would not venture to stand alone against the judgment of every state in New England except Rhode Island, and every other state 'This summary of three speeches made by Clinton, one in June, two in July, after Virginia was heard from, is compiled from the manuscripts of Clinton preserved in the state library at Albany. II. July 10. except North Carolina. The question at first became CHAP. whether the constitution should be accepted with or without previous amendments. On the tenth Lansing 1788. offered a bill of rights, to which no one objected; and numerous amendments,' of which the class relating to a standing army in time of peace, direct taxes, the militia, and elections to congress were made conditions of the ratification. After they were read, the convention, on the proposal of Lansing, adjourned, leaving an informal committee of equal numbers of both parties to bring the business by compromise to a quick and friendly decision. In the committee Jay declared that the word "conditional" must be erased before any discussion of the merits of the amend ments. As this point was refused, the committee was dissolved; but already Melancthon Smith and Samuel Jones showed signs of relenting. 11. On the eleventh Jay, taking the lead, moved the ratification of the constitution and the recommendation of amendments. After a long debate, Melancthon Smith interposed with a resolution which meant in substance that New York would join the union, reserving the right to recede from it if the desired amendments should not be accepted. Against this motion Hamilton, after vainly proposing a form of ratification' nearly similar to that of Virginia, spoke on Saturday, the nineteenth, with such prevailing 19. force, that Smith confessed himself persuaded to relinquish it. At this Lansing revived the proposition to enter the union, but only with a reserved right Hamilton, ii, 467-471. 1 Penn. Packet, 18 July, 1788; Ind. Gazetteer, 18 July, 1788. 2 July CHAP. to withdraw from it; and on the following Monday II. the question might be taken.' Meantime Madison 1788. having resumed his place in congress, Hamilton wrote 19. in all haste for his advice. On Sunday, Madison 20. speeded an answer to Poughkeepsie, and on the 21. morning of the twenty-first Hamilton read to the convention its words, which were as follows: 23. 24. "My opinion is, that a reservation of a right to withdraw, if amendments be not decided on under the form of the constitution within a certain time, is a conditional ratification; that it does not make New York a member of the new union, and, consequently, that she could not be received on that plan. The constitution requires an adoption in toto and forever. It has been so adopted by the other states. An adoption for a limited time would be as defective as an adoption of some of the articles only. In short, any condition whatever must vitiate the ratification. The idea of reserving a right to withdraw was started at Richmond, and considered as a conditional ratification, which was itself abandoned as worse than a rejection." The voice of Virginia, heard through Madison, was effective. Following the example of Massachusetts, and appropriating the words of its governor, on the twenty-third Samuel Jones, supported by Melancthon Smith, proposed, like Hancock, to make no "condition" and to ratify the constitution "in full confidence" of the adoption of all needed amendments. Lansing's motion for conditions was nega 1 For the latter part of the convention there is need to resort to the Penn. Packet and the Inde pendent Gazetteer for July, 1788, where details are given. 'Hamilton's Works, i. 465. II. July 25. 26. tived in committee by a vote of thirty-one to twenty- CHAP. eight, and on Friday, the twenty-fifth, the convention agreed to the report of its committee of the whole in 1788. favor of the form of Samuel Jones and Melancthon Smith by thirty yeas to twenty-five nays, the largest vote on any close division during the whole session. This vote was purchased at the price of consenting to the unanimous resolution, that a circular letter be prepared to be laid before the different legisla tures of the United States recommending a general convention to act upon the proposed amendments of the different legislatures of the United States. On Saturday, the twenty-sixth, the form of ratification of the constitution was agreed to by a vote of thirty against twenty-seven. More persons were absent from the vote than would have been necessary to change it. On the following Monday New York invited the governors of the several states in the union to take immediate and effectual measures for calling a second federal convention to amend the constitution. "We are unanimous," said Clinton, "in thinking this measure very conducive to national harmony and good government." Madison, as he read the letter, called the proposal a pestilent one, and Washington was touched with sorrow that just as the constitution was about to anchor in harbor it might be driven back to sea. But the city of New York set no bounds to its gladness at the acceptance of the constitution; the citizens paraded in a procession unrivalled in splendor. The miniature ship which was drawn through the streets bore the name of Hamilton. For him 28. |