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whether, in a plan of government, any Declaration of Rights should be prefixed or inserted. You will be able, likewise, to determine whether, in a free government, there ought or ought not to be any provision against a standing army in time of peace; or whether the trial by jury, in civil causes, is become dangerous, and ought to be abolished; and whether the Judiciary of the United States is not so constructed as to absorb and destroy the judiciaries of the several States."

The convention of the State assembled in Philadelphia, as provided by the act of the legislative assembly, on the 20th of November, 1787. The spirit of opposition to the Constitution had lost nothing of its vehemence, without gaining, in any important degree, in numbers. For three weeks, every mode of assault was tried against the Constitution; but, at every point, it was triumphantly sustained. The leaders of the assault were Mr. Findley, Mr. Smilie, and Mr. Whitehill. Mr. Wilson, by the fulness of his learning, the vigor of his reasoning, and his perfect familiarity with all the preceding discussions, was the Ajax Telamon of the defence, though ably seconded by Chief Justice McKean and some other members of the convention.

On the 12th day of December, the debates were brought to a close; when the unconditional ratification of the Constitution by the State was declared by a vote of forty-six for, to twenty-three against it. The inexorable spirit of the opposition, however,

survived their defeat. When an appeal was made to one of their number1 to acquiesce in the decision of the majority, and join in signing the instrument of ratification, he sternly replied "he would never allow his hand to give the lie to his heart and tongue." The whole of the party in opposition, with the exception of two, united in a published address, setting forth elaborately and with passionate zeal their objections to the Constitution, the effect of which was to keep alive those sparks of local disaffection that, a few years later, burst forth in acts of overt resistance to the laws.

3

The State of Delaware, although her convention assembled some time after that of Pennsylvania, had already by a unanimous vote, on the 7th of December, 1787, declared her acceptance of the Constitution. On the 18th of the same month, New Jersey gave her assent to it with like unanimity; and, on the 2d of January, 1788, the unanimous ratification of Georgia, in the extreme South, was added to the list. The convention of Connecticut assembled at Hartford, on the 4th day of January, 1788, and, after a session of five days only, by a large majority-one hundred and twenty-eight to forty-gave the assent of that State to the adoption of the Constitution. In all these States, the ratification was unaccompanied with propositions of amendment. We come now to

1 Mr. Smilie.

2 See this address in Carey's Museum, vol. 11. pp. 536–553.

• See note at end of chapter.

States, where, parties being more nearly balanced, compromises and concessions were rendered necessary. But of these we will speak in another chapter.

NOTE.

The unanimous ratification of the Constitution by New Jersey recalls, by a natural association, the unanimous vote by which the Board of Trustees and Faculty of her chief seat of learning, headed by the venerable Witherspoon, conferred on Mr. Madison, immediately after the close of his eminent labors in the Federal Convention, the degree of Doctor of Laws. Two letters addressed, on the occasion, by the illustrious precept or to his distinguished pupil, awaken sentiments and recollections of too deep an interest, connected with the great career of each, not to call for their insertion here. The first letter simply announced the fact of the degree being conferred in the following cordial and unaffected terms:

"TUSCULUM, near PRINCETON, 1 October, 1787.

"DEAR SIR, -I do myself the pleasure of informing you, that the Trustees of this college, at their last meeting, have unanimously conferred on you the degree of Doctor of Laws. It seemed to give them a very particular pleasure that they had the opportunity of giving deserved honor to one of their own alumni; and I believe you will hardly doubt that none had greater pleasure in it than myself. A diploma will be made out and transmitted, as soon as it can be done in a proper

manner.

"I have the honor to be, dear sir, your most obt. servant, "Hon. JAMES MADISON. JOHN WITHERSPOON."

After an interval of some months, a second letter was written, accompanying the transmission of the diploma, in which the venerable writer indulged with more of effusion his natural feelings of pride and affection towards one who had been not only his early pupil, but his subsequent co-laborer and associate in some of the most important scenes of our public history.

"TUSCULUM, 11th August, 1788.

"SIR, -The diploma for the degree of Doctor of Laws, which the Trustees and Faculty of this college did themselves the honor of conferring on you last commencement, ought to have been sent long ago; but, as there are no printed forms for the honorary degree, we often find it difficult to get them properly executed. This occasioned a little delay, which has been protracted to a very blamable length. It now accompanies this letter; and I hope you will have no difficulty in believing that all concerned in this college were, not barely willing, but proud of the

opportunity of paying some attention to, and giving a testimony of their approbation of, one of their own sons who had done them so much honor by his public conduct. And, as it has been my peculiar happiness to know, perhaps more than any of them, your usefulness in an important station, on that and some other accounts, there was none to whom it gave more satisfaction than to, sir,

"Your most obedient humble servant,

"Hon. JAMES MADISON.

J. WITHERSPOON."

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CHAPTER XXXIV.

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Convention of Massachusetts-Political Parties of that State - Prevailing Jealousy of Federal Power- Samuel Adams, Mr. Hancock, Nathan Dane-Letters of Mr. King and Mr. Gorham to Mr. Madison, describing Composition and Divisions of the Convention Singular Social Contrasts exhibited in the Body - Their Influence on its Deliberations - Specimens of ultra-Democratic Jealousy and Doctrine Constitution ably and eloquently supported by Mr. Ames, Mr. Parsons, Governor Bowdoin, and Mr. King - Friends of the Constitution resort to the Expedient of Propositions of Subsequent Amendment - Ratification finally carried by small Majority - Convention of New Hampshire meets, and adjourns without coming to a Decision-Proceedings in Maryland - Constitution vigorously opposed there by Mr. Luther Martin and Mr. Samuel ChaseUnqualified Ratification voted by large Majority of her Convention

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- Convention called in South Carolina - Preliminary Discussions in the Legislature-Mr. Rawlins Lowndes, the Great Adversary of the Constitution there - Answer of Mr. Charles Cotesworth Pinckney to the Objections urged against vesting in Congress Unrestricted Power of regulating Commerce - Convention ratifies Constitution by large Majority, with Recommendatory Propositions of Subsequent Amendment Virginia, Great Battle-field of the Controversy on Adoption of the Constitution - Richard Henry Lee, George Mason, and Patrick Henry, Leaders of the Opposition to it-The late Governors, Nelson and Harrison, also opposed to it-Judge Pendleton unites with Washington, Madison, Wythe, and Blair, in Support of it- Activity and Zeal of the Opposition described by General Washington-Meeting of the Legislature-Its Sentiments at first favorable to the Constitution-Great Change effected by Personal Influence and Exertions of Mr. Henry and Colonel Mason - Conven

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