SIGNERS TO THE ARTICLES OF CONFEDERATION. 425 aware that any public man of eminence in any nation, has called that judgment in question. Of what other system can this be said? The Articles of Confederation.-It is not necessary to reprint them. They were agreed to by the delegates of the thirteen original States, in Congress assembled, on the 15th of November, 1777. They were ratified by eight States on the 9th of July, 1778; and finally, by all the States on the 1st of March, 1781, according to the dates which are affixed against their names, as given below, The binding clause at the close of the articles was as follows: And Whereas, It hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectfully represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union: know ye that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name, and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determination of the United States, in Congress assembled, on all questions which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the States we respectfully represent, and that the union shall be perpetual. In witness whereof, we have hereunto set our hands in Congress. Done at Philadelphia, in the State of Pennsylvania, the 9th day of July, in the year of our Lord, 1778, and in the third year of the Independence of America. ་ Thomas Adams, John Penn, July 21st, 1778, Henry Laurens, William Henry Drayton, John Matthews, Francis Lightfoot Lee, Cornelius Harnett, Jno. Williams, Richard Hutson, Thos. Heyward, jun., Jonas Walton, 24th July, 1778, Edwd. Telfair, Edwd. Langworthy, On the part and behalf of the On the part and behalf of the On the part and behalf of the On the part and behalf of the "The times that tried men's souls are over,' wrote the author of 'Common Sense,' and the greatest and completest revolution the world ever knew is gloriously and happily accomplished . . . That which . . renders easy all inferior concerns is the Union of the States . . . I ever feel myself hurt when I hear the Union-that great palladium of our liberty and safety-the least irreverently spoken of. It is the most sacred thing in the Constitution of America, and that which every man should be the most proud and tender of. Our citizenship in the United States, is our national character. Our citizenship in any particular State, is only our local distinction. By the latter, we are known at home; by the former to the world Our great title is Americans; our inferior one, varies with the place.' ' 1 "The times of trial were by no means over. To construct the Republican Government, represented by the press as easy, proved the hardest of work. On the return of peace, the need of it was more painfully felt than ever. The great Minister of Finance, Robert Morris, engaged in mighty labors, wrote: 'The necessity of strengthening our confederacy, providing for our debts, and forming some Federal Constitution, begins to be most seriously felt. But unfortunately for America, the narrow and illiberal prejudices of some have taken such deep root, that it must be difficult, and may prove impracticable to remove them." " The Evils of a mere Confederacy. They at last became intolerable. The country was falling into inanition-bordering on anarchy. In the presence of a foreign enemy, the nation was willing to submit to the edicts of the Continental Congress. But now its recommendations were unheeded. The treasury was empty, and there was no national authority to impose taxation to replenish it. Our European debt, principal and interest, remained unpaid. We had indeed achieved our Independence, but we had established no government. The conviction became universal that a great work had still to be done. The nation woke up to achieve it. The Last Crisis, No. xii, * Frothingham's Rise of the Republic, p. 583. ADOPTION OF THE NATIONAL CONSTITUTION. NINTH SECTION NINTH. 427 THE ADOPTION OF THE NATIONAL CONSTITUTION. The Constitutional Convention.—Its delegates had been elected and summoned to meet at Independence Hall, in Philadelphia, on the 14th of May, 1787; and on that day the Fathers of the Republic began to gather around the old national altar on which the fires of liberty were still burning. Washington unanimously elected to preside over its Deliberations.— Only one other man could have been thought of: but Franklin had now grown old, and 'he desired to see his friend, George Washington, Esquire, take the chair.' It was declared to be the unanimous desire of the Assembly. Mr. Madison tells us that after being escorted to the seat, 'he thanked the Convention in a very emphatic manner for the honor they had conferred on him; reminded them of the novelty of the scene of business in which he was to act; lamented his want of better qualifications, and claimed the indulgence of the house toward the involuntary errors which his inexperience might occasion.' "A majority of the States not having been represented in the beginning, those present had adjourned from day to day until the twenty-fifth, when Washington was called on to preside. Sixty-five delegates had been chosen ; ten, however, did not take their seats. The credentials, generally, were like those of Virginia, which named as the object, to devise 'such further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union."" 'The members were identified with the heroic and wise counsels of the Revolution. The venerable Franklin had been in the Albany Convention, and now, at eighty-one, was the President of Pennsylvania. Johnson, of Connecticut, Rutledge, of South Carolina, and Dickinson were in the Stamp Act Congress. Seven of the delegates were in the Congress of 1774. Eight of them signed the Declaration of Independence, one of whom, James Wilson, was next to Madison in ability, culture, and preparation for the work before them. Eighteen were then members of Congress, and only twelve had not been members of that body. Among the great men who were elected, but declined, were Richard Caswell and Patrick Henry. The delegates most distinguished by revolutionary service, were Langdon, Gerry, Sherman, Livingston, Read, Mifflin, Morris, Clymer, Wilson, Mason, Wythe, Rutledge, Randolph, the two Pinckney's, Madison, Hamilton, Dickinson, Franklin, and Washington. Of those who were destined to be widely known, were Rufus King, Caleb Strong, Nathaniel Gorham, Oliver Ellsworth, Jared Ingersoll, and James McHenry. This roll of names marks the rank of this Assembly as to intellect, character, experience, and patriotism.' ' 'Frothingham's Rise of the Republic, pp. 589, 590. 428 DIFFICULTIES TO BE OVERCOME. It was proposed, at first, merely to amend the Articles of Confederation under which the national government had till that time been administered; but after consultation and debate it was decided to throw aside the old system altogether, and proceed to the business of forming a Constitution. This Convention, which will forever be known as that of THE FRAMERS OF THE CONSTITUTION, embraced almost every really great man in the nation who could be spared from our foreign service, or the administration of the local affairs of the States. The Difficulties to Overcome.-Very few men of our times have any adequate conception, either how numerous or how great were the obstacles the Framers of the Constitution had to contend with. They were almost invincible, and they sometimes appeared quite so. In fact, at one time, the chances of Union were so small, that several members proposed a final adjournment. At this momentous crisis Dr. Franklin rose and said :—“ In this situation of the Assembly, groping, as it were, in the dark, to find political truth, and scarce able to distinguish it when presented to us,-how has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Light to illuminate our understandings? In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for the Divine protection. Our prayers, sir, were heard, -and they were graciously answered. All of us who were engaged in the struggle, must have observed frequent instances of a superintending Providence in our favor. To that kind Providence we owe this happy opportunity of consulting in peace, on the means of establishing our future national felicity. And have we now forgotten that powerful Friend? or do we imagine we do no longer need His assistance? I have lived, Sir, a long time; and the longer I live the more convincing proofs I see of this truth, that God governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid? We have been assured, sir, in the Sacred Writings, that except the Lord build the house; they labor in vain that build it.' I firmly believe this; and I also believe that, without His concurring aid, we shall succeed in this political building no better than the builders of Babel; we shall be divided by our little, partial, local interests; our projects will be confounded, and we ourselves shall become a reproach and a byword down to future ages. And, what is worse,―mankind may hereafter, from this unfortunate instance, despair of establishing government by human wisdom, or leave it to chance, war, and conquest." The veteran Christian philosopher then moved that 'Henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning, before we proceed to business.' The resolution was adopted; clergymen were invited to officiate; greater harmony prevailed in the Convention; and so visible was the guidance of illumi nated wisdom from that hour, that the most skeptical were confounded, while A NEW CREATION OF STATESMANSHIP. 429. the hearts of the despairing began to beat to new inspirations of hope. The founders went straight forward to the glorious termination of their labors.' A New Creation of Statesmanship.-Wise and patriotic as these men were, they could not all see alike; and from diversity of education, habits, prejudices, and original endowments, wide differences in opinion about government might have been expected to prevail. But there was a still more efficient cause. for difference. The members of that Convention were creating a government of a new order among men, and they derived less light or aid than is generally supposed from the free States of antiquity, or of modern times. The Confederations, so called, of the Greek States, the Italian Leagues, or the German States, offered few or no precedents to guide them. Theirs was a work of creation, and not of imitation. It seemed not only difficult, but impossible, to clothe a Federal Government with authority enough to embrace the attributes necessary to the administration of supreme power, without impairing the independence and sovereignty of the separate States. Strictly speaking, it was impossible. But the Constitution was framed upon principles of fair compromise and wise adjustment: and powers as definitely described, and as nicely and equitably adjusted as possible, were given to the Central Government; and they have been found, on a discreet and dispassionate construction of the Constitution, to allow the sovereignty of each State to remain entire for all practical purposes, while the National Government has been enabled to move on quietly in peace-irresistible in war. Its founders intended to construct a government strong enough to protect itself, and secure the rights of all its citizens: and as Webster said, it made every provision for such modifications as experience might call for, -none whatever for its subversion. "The Convention was occupied for nearly four months-May 25 to Sept. 17-in its great labor. Its sessions were held with closed doors; secrecy was enjoined, no member being even allowed to copy from its journal; and little transpired of its proceedings until its adjournment. to the keeping of Washington, who deposited it It was printed by direction of Congress in 1818. members from New York, made short notes of the sions, which were printed in 1821; and Madison each day's doings, which he wrote out daily. They were printed in 1840. Luther Martin, in a remarkable letter addressed to the legislature of Mary During this period Franklin made his well-known impressive speech, on introducing a motion that prayers be said in the Convention. In another characteristic speech on the wide diversity of opinion, he said that when a broad table is to be made, and the edges of planks do not fit, the artist takes a little from both and makes a good joint. In like manner, here both sides must part with some of their demands, in order that they may join in some accommodating proposition. The work of healing commenced when the compromise was agreed to, fixing the basis of representation by adding to the whole number of free persons, including those bound to serve for a term of years, excluding Indians not taxed, three-fifths of all other persons, and Its journal was intrusted in the State Department. Robert Yates, one of the debates in the earlier sestook short-hand notes of giving to each State one representative for every forty thousand inhabitants, and to each State an equal vote in the Senate.-Frothingham's Rise of the Republic, pp. 592, 593. De Tocqueville, among foreigners, perhaps understood this matter best: while Marshall, Story, Webster, Kent, and Curtis have given those interpretations which have settled permanently the letter and spirit of our written Constitution. No reader will suspect me least of all in a work of this kind-of attempting to enter into any disquisition on this subject. I only accept as final the teachings of the mighty jurists have reverently named. |