THE CLINTON-RANDOLPH LETTERS. tion and did succeed in putting a damper on the festivities. On July 5, however, when the news arrived that Virginia had ratified, a parade was held and rejoicings were unrestrained. At Albany, N. Y., a riot occurred, the Anti-Federalists attacking a procession with stones, bricks, and pieces of iron, but the Federalists in the procession soon put the attacking party to rout.* In connection with the Virginia Convention an event occurred which is supposed by some to have been a piece of foul play. When the Virginia Legislature assembled after the framing of the Constitution, a law was passed on the subject, and Governor Randolph was directed to transmit a copy of it to each of the State governors, to be laid before the various legislatures for the purpose of obtaining an interchange of opinions. These copies were sent to the governors December 27, 1787, and all were received in due time except the one sent to New York, which was not received by Governor Clinton until March 7, 1788. This delay prevented its being acted upon by the New York Legislature in which a majority sympathized with the violent opposition of Governor Clinton to the Constitution. Undoubtedly New York would have responded to the offer of coöperation, had the letter from Randolph arrived in time, which would have greatly strengthened those who dissented from the Constitution in Vir * McMaster, United States, vol. i., pp. 492-496. 25 ginia. Because of its late arrival, the letter from Randolph had no influence on the New York Legislature, while, on the other hand, as the Virginia Assembly had adjourned, Clinton was unable to make any communication to it. The Virginia convention to ratify or reject the Constitution was to meet June 2; that of the New York, June 17. Clinton, however, did not answer Randolph's letter until May 8, 1788, when he wrote as follows: "Your Excellency's letter of the 27th of December, although it appears to have been committed to the post-office at Richmond, did not come to my hands until the 7th of March. 'The Act inclosed' was immediately communicated to the Legislature, but it was after they had passed their resolutions for calling a Convention, and so near the close of their sessions, that no order was taken in consequence of it. "The system of government proposed by the Federal Convention is an object of such vast importance to the happiness of America, that it appears to me essential that the people of the different States cultivate and cherish the most friendly sentiments towards each other, especially during their deliberations on that interesting subject. "The Convention of this State are to meet at Poughkeepsie, on the 17th of June, to take the proposed system into consideration, and I am. persuaded they will, with great cordiality, hold a communication with any sister State on the important subject, and especially with one So respectable in point of importance, ability, and patriotism as Virginia. I think I may venture to assure your Excellency that the people of this State are disposed to keep up that friendly intercourse, and preserve that unanimity respecting any great change of Government, which appears to be that of the Act of your legislature, and which it is the duty of every good man to promote and cherish, and I have no doubt but that our Convention will possess the same sentiments. "As the session of your Convention will take place before that of this State, they will, I presume, commence the measures for holding such communications as shall be deemed necessary. 26 THE CLINTON-RANDOLPH LETTERS. "I cannot refrain expressing regret, that a similar conduct has not been observed by the States who have already had the proposed system under consideration. Friendly communications on the subject, and temperate discussions, would, it is to be presumed, have had a most happy tendency in accommodating it much more to the sentiments and wishes of the people of America, than is likely to be the case in the form it is offered by the General Convention, and acceded to by some of the States. Should it be adopted by small majorities in the large States, we cannot reasonably hope it will operate so as to answer the salutary purposes designed; for I presume it may be laid down as a certain truth, that no government can be exercised over this country in its present condition, that is not supported by the affections and confidence of the people in general. "As I have no direction from the legislature on the subject of your communications, your Excellency will be pleased to consider this letter as expression of my own sentiments, but I have at the same time a well-founded confidence, that a majority of the people of the State over which I have the honor to preside will concur in them." Clinton timed his letter so that it would reach the Virginia convention during its session. It was duly received by Randolph and laid before the executive council, but of its receipt the convention knew nothing until the day after the Constitution had been ratified, when, of course, the letter could have no effect. On June 2 the convention assembled and on the 25th the final vote was taken. An extra session of the Legislature had been called for June 23, and when it had convened Governor Randolph sent Clinton's letter to it, saying that he had laid the letter before the council, and as they had considered it of a public nature, it was now forwarded for the consideration of the Assembly. This was two days before the final vote was taken on ratifica tion, but because of the fact that the majority of the legislators were attending the sessions of the convention there was no quorum in the Assembly on June 24, the message of the governor being laid over for consideration until the next day. But when the next day arrived there was no quorum, for the orators of the convention had once again denuded the Legislature of the majority of its members, in consequence of which the views of New York remained unheard and the Constitution was carried. On the 26th George Mason repaired to the Assembly, of which he was a member, and for the first time heard of Governor Clinton's letter. He thereupon drew up some resolutions demanding to know why Clinton's letter had not been laid before the convention at their first meeting; but these resolutions were never offered and, as it was too late to have any effect, Mason dropped the matter. The mystery does not seem ever to have been uncovered. Randolph was in a very peculiar position. Clinton's letter was both official and unofficial; public and private; and speaking for New York, though without the authority of the Legislature. Randolph was a governor and re Randolph was sponsible to the Legislature which had elected him, but in his private capacity he was also a member of the convention. Therefore, if he had laid before the convention the communication received in his capacity as governor, he might have been impeached OPPOSITION IN NEW YORK. for violating the rights of the Legislature, whereas, on the other hand, if he had laid the letter before the convention as a private communication, it might have been resented as an interference of an outsider with the supreme council of state. When Randolph laid the letter before his council, the matter was thoroughly considered and it was determined not to introduce the letter into the convention, since it was only as a private citizen that Randolph could use the letter in that body. As the letter had not been written to him in the capacity as a private citizen, but as governor, he and the council concluded that it belonged to the Legislature, to which body it had been sent on the earliest day of its legal meeting, which was two days before the ratification. It was therefore due to the neglect of Clinton's allies in Virginia that the matter was not brought up in the Convention.* The New York Convention met on June 17 and immediately engaged in the work at hand. Hamilton, Jay, and Robert R. Livingston were the foremost advocates of the adoption, while Governor Clinton, Robert Yates, John Lansing, James Duane, and others strenuously opposed such a course, and there is little doubt that the popular feeling was against adoption. New York was not the most im * See Conway, Edmund Randolph, pp. 108–116. For details, see Bancroft, vol. vi., pp. 454460; Pellew, John Jay, p. 257 et seq.; Curtis, Constitutional History, vol. i., pp. 674-680, 684 et seq. 27 portant of the States at this time, either in wealth or population, but her geographical position had great weight, capable as she was of dividing New England and the Middle and Southern States. Party feeling had always run much higher in New York than in the majority of the other States, and at the present time was extremely bitter. There was a conpact, strong, and well laid opposition to the adoption, and this faction made a concerted attempt to write down the adoption of the Constitution by a series of essays. Hamilton, however, accepted the challenge and under the name of "Publius," with the aid of Madison and Jay, wrote those essays on the Constitution now so famous as The Federalist.* In January, 1788, the governor laid the official communications of Congress before the Legislature and on February 1, after a severe struggle, resolutions ordering a State convention to be elected were passed by a majority of three in the Senate and two in the House. When the election was held (in April) the Anti-Federalists elected two-thirds of the members of the convention and from the election it appeared that about four-sevenths of the people of the State were unfriendly to the Constitution. It was planned by the Anti-Federal leaders to meet at the appointed time and to adjourn for a year that they might see how the Constitution operated in such States as adopted it, after which time New * Lodge, Alexander Hamilton, p. 65 et seq. 28 NEW YORK RATIFIES; AMENDMENTS SUGGESTED. York would act in accordance with the feelings of her people. The opponents of the Constitution, however, were much disappointed by the results of the conventions in Virginia and New Hampshire. Ten States had now adopted the Constitution and it was absolutely certain to go into operation, no matter what the vote in New York might be. Hamilton earnestly pleaded for adoption, and finally, on July 26, a compromise was reached, so that when the official vote was taken a majority of three was obtained in favor of ratification, the vote standing 30 to 27.* At the same time 32 amendments to the Constitution were suggested. These amendments were more radical than had been suggested by any other State. In addition to the proposals of Massachusetts, New York suggested that no persons, except natural born citizens, or such as were citizens prior to July 4, 1776, or held commissions during the war, and had since July 4, 1776, become citizens of one of the States, should be eligible to become President, Vice-President, or a member of Congress. Other suggestions were that no standing army be maintained during times of peace without the assent of two-thirds of both Houses of Congress, and that without the same *Elliot, Debates, vol. ii.; Magazine of American History, vol. ii., p. 389. See also Sumner, Life of Alexander Hamilton, pp. 136-139; Lodge, Alexander Hamilton, p. 71 et seq.; Lamb, City of New York, vol. ii., pp. 320-321; Knox's letter in Sparks, Correspondence of the Revolution, vol. iv., pp. 230-232; McMaster, United States, vol. i., pp. 496-499. majority Congress should have no power to declare war; that the right of habeas corpus should not be suspended for more than six months; that no capitation tax should ever be laid; that no person should be eligible as a Senator for more than six years, in any term of twelve years; that State legislatures should have power to recall their Senators; that no member of Congress should be allowed to accept any other office under the authority of the United States; that no person should be eligible for the Presidency for the third time; that Congress should not constitute any tribunals or inferior courts with any other than appellate jurisdiction, except in cases of admiralty and maritime jurisdiction, and for the trial of piracies and felonies committed on the high seas; that persons aggrieved by any judgment of the supreme court in any case in which that court had original jurisdiction, should be entitled to have the case reviewed by a board of seven commissioners to be appointed by the President and Senate; that the judicial power should not extend to controversies respecting land, except those relating to claims of territory or jurisdiction between States, or between individuals of different States, under grants by the various States; that the militia should not be called upon to serve outside the limits of the State for a longer term than six weeks, unless the consent of the legislature be obtained; that Congress should not im EFFORTS FOR NEW CONVENTION; OTHER STATES ACT. 29 pose any excise upon any article, except ardent spirits, grown, produced, or manufactured in the United States. In order to secure the adoption of these amendments, the New York convention addressed a circular letter to the governors of all the other States asking that another Federal Convention be called,* observing regarding the new system that" several articles in it appear so exceptional to the majority of us, that nothing but the fullest confidence of obtaining a revision of them by a general convention, and in invincible reluctance to separating from our sister states, have prevailed upon a sufficient number of us, to ratify it, without stipulating for previous amendments." The Virginia legislature, where Henry and his friends were still potent, at once seized upon this invitation, and this encouraged the AntiFederalists to show their strength once again. But the general response of the States was disappointing to the Anti-Federal leaders; neither Pennsylvania, Massachusetts, nor Connecticut would countenance a second convention and the Anti-Federalists now lay prostrate. The people had made an irrevocable decision and would abide by it; nor would they consent to be drawn into a movement which promised nothing but further strife and probably a worse result.‡ McMaster, vol. i., p. 500. For details of the struggle in Virginia, see Schouler, United States, vol. i., p. 79. Writ- North Carolina held its convention at the same time as that of New York, and, after a long debate, assent to the Constitution without previous amendments was refused.* But in the latter part of the following year, after Washington had been President for some time, the State, on November 21, 1789, ratified the Constitution with a declaration of rights and 26 proposed amendments.+ Rhode Island did not ratify until May 29, 1790.‡ Story says: "Thus was achieved another, and still more glorious, triumph, in the cause of liberty, even than that, by which we were separated from the parent country. It was not achieved, however, without great difficulties and sacrifices of opinion. ing to Jefferson, August 10, 1788, Madison said: "The great danger in the present crisis is, that if another Convention should be soon assembled it would terminate in discord, or in alterations of the federal system, which would throw back essential powers into the State Legislatures. The delay of a few years will assuage the jealousies which have been artificially created by designing men, and will at the same time point out the faults which really call for amendment. At pres ent, the public mind is neither sufficiently cool nor sufficiently informed for so delicate an operation." - Madison's Works (Congress ed.), vol. i., p. 407. See also pp. 410, 411, 418, 419, 420, 433 et seq., 445, 447. Bancroft, vol. vi., pp. 460-462; McMaster, vol. i., p. 501. †The South in the Building of the Nation, vol. i., pp. 471–472. For the convenience of reference, we subjoin the dates of the ratification of the Constitution by the thirteen original States:- Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790. |