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CHAPTER XXXIII.

Constitution transmitted to Congress - Attempts in that Body to embarrass its Progress made by Richard Henry Lee of Virginia, Mr. Dane of Massachusetts, and Melancthon Smith of New York, foiled by Mr. Madison Constitution referred to Conventions of the People in the Several States - Characters of the Parties for and against it — Undergoes Public Discussion -Essays of the "Federalist."— Mr. Madison's Participation in that Work - Authentic Statement of his Contributions to it- Fifteen of the Numbers written by him, claimed for Colonel Hamilton - Analysis and General Review of his Portion of the Work-Respective Merits of Mr. Madison and Colonel Hamilton in relation to it — Different Inspirations under which they wrote Other Contemporary Publications on the Great Question of the Mr. Adams's "Defence of the Constitutions of the United Character of it- Mr. Madison's Remarks on it - Reception of it by the Public - Dissent of Samuel Adams and Roger Sherman from its Leading Doctrines Striking Criticism of it by Bishop Madison, of Virginia - Friendly Discussion of its Doctrines in Correspondence of Mr. Jefferson with the Author - Similar Correspond

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ence between Mr. Madison and Mr. Adams, containing Mr. Madison's Exposition and Hopeful View of the Republican Theory of the Constitution - Proceedings of Convention of Pennsylvania, the First called to decide upon the Acceptance of the Constitution - Political Parties in that State Vehement Contentions between them - Mr. Findley, Mr. Smilie, and Mr. Whitehill, the Leading Opponents of the Constitution in the Convention - Mr. Wilson and Chief-Justice M'Kean, its Principal Defenders - Convention decide for Ratification by Majority of Two to One-The Conventions of Delaware, New Jersey, Georgia, and Connecticut, successively ratify the Constitution; the three first by Unanimous Votes, the last by very large Majority - Honors voted to Mr. Madison by Faculty and Trustees of Princeton College, New Jersey - Letters addressed to him by Dr. Witherspoon.

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As soon as the convention had put the finishing hand to the Constitution, the result of their long and anxious labors, they passed a resolution for laying it before Congress, then in session in the city of New York, with the expression of their opinion, that "it should be submitted to a 'convention of delegates, chosen in each State by the people thereof, for their assent and ratification; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled." No time was lost in transmitting the Constitution, under this resolution, to Congress; and it was accompanied with a letter from the convention, signed by their president, setting forth briefly, but with clearness and dignity, the leading principles by which they had been governed in the execution of their work, the peculiar difficulties they had to encounter, and "the spirit of amity and mutual deference and concession" with which those difficulties had been met and overcome. The letter closed with these impressive remarks: —

"That the Constitution will meet the full and entire approbation of every State is not perhaps to be expected. But each will, doubtless, consider, that, had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe: that it may promote the lasting welfare of that country so dear

to us all, and secure her freedom and happiness, is our most ardent wish."

It was soon apparent that the work of the convention was destined to encounter a vehement opposition in this, the first stage of its probation. Mr. Madison, who was a member of Congress, as well as of the convention, arrived in New York, from Philadelphia, on the 24th of September, for the purpose of resuming his attendance on the former body. The Constitution had then been already laid before it, and became the subject of free conversation among the members. In writing to General Washington on the 30th of the month, Mr. Madison informs him, "I found, on my arrival here, that certain ideas, unfavorable to the act of the convention, which had created difficulties in that body, had made their way into Congress. They were patronized mainly by Mr. Richard Henry Lee [of Virginia], and Mr. Nathan Dane, of Massachusetts."

The first demonstration made was an endeavor to persuade Congress, on a narrow, technical plea, that, as the Constitution framed by the convention was not simply an "alteration" of the articles of the confederation, but the substitution of an entirely new system, it would be unbecoming a body which derived its existence from those articles, to "take any agency," even by transmitting the act of the convention for the decision of the people of the States, in so radical a change. Mr. Madison reminded Congress, in answer to this appeal, that

they had recommended the convention as the means of obtaining "a firm, national government;" and that, in several instances, they had already shown their superiority to all merely captious objections, "and under circumstances infinitely less urgent than the present state of our affairs, if any faith were due to representations made by Congress themselves, echoed by twelve States in the Union, and confirmed by the people." 1

1

The opponents of the new Constitution being foiled in this effort to intercept it on its passage to the people of the States, "an attempt," continues Mr. Madison's letter, "was made, in the next place, by Mr. Richard Henry Lee, to amend the act of the convention before it should go forth from Congress. He proposed a bill of rights, provision for juries in civil cases, and several other things, corresponding with the ideas of Colonel Mason. He was supported by Mr. Melancthon Smith, of New York." 2

To the patrons of this movement, Mr. Madison replied, with great force, that the intention of the States in the call of the convention evidently was, that the plan of reform to be proposed should emanate from the convention itself, and be its own act; that, if amended, as now proposed, it would become the act of Congress, the convention being

1 See letter of Mr. Madison to General Washington, dated 30th September, 1787, in Sparks's Washington, vol. IX. pp. 542-544.

2 The amendments proposed by Mr. Lee may be found in Carey's Museum, vol. 11. pp. 556–558.

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