tion till after a subsequent election. That no person should be eligible as Senator for more than six years in any term of twelve years. That no person should be eligible to the office of President of the United States a third time. And that the militia of any State should not be compelled to serve without the limits of the State for a longer term than six weeks, without the consent of the legislature.

North Carolina's Convention first met on August 1, 1788, but its ratification of the Constitution was not forwarded to Congress till December 4, 1789. The Convention was presided over by Samuel Johnston. The vote to ratify, though not unanimous, showed a large majority in favor. This Convention suggested twenty-six amendments, most of which were identical with those suggested by Massachusetts and New York. Among the others were these: That Congress should not declare any State to be in rebellion without the consent of at least twothirds of all the members present of both houses, and, That no person should be capable of being President of the United States for more than eight years in any term of sixteen years.

The Rhode Island Convention, of which Daniel Owen was President, ratified the Constitution, May 29, 1790, by a vote of 34 to 32. And the announcement of the ratification was accompanied by twenty-one suggested amendments, which the

Rhode Island delegation in Congress was urged to use all reasonable means to have adopted. Most of these were the same that had come from other States, some of them being identical in language. From their tone the reader might infer that the people had just determined to free themselves from a grinding despotism. We can not wonder that they should not have forgotten so soon the injustice of the British Government, which had caused the Revolution; but it seems strange that they should take this tone toward a government that they themselves were creating, which was already, by short tenures of office and numerous restrictions, deprived of any power for mischief. What possible excuse, for instance, could there be for such a declaration as this, gravely and officially put forth by the authority of a State: "That every freeman ought to obtain right and justice, freely and without sale, completely and without denial, promptly and without delay, and that all establishments or regulations contravening these rights are oppressive and unjust"? If the members of the Rhode Island Convention read the Constitution before ratifying it, what did they find therein that contravened these rights? And why did they restrict the declaration to the case of freemen? Ought not everybody to obtain right and justice? Two passages in the pronunciamento are notice

able. This is nearly identical with one in Virginia's. "That the powers of government may be reassumed by the people whenever it shall become necessary to their happiness." In the Virginia declaration the expression, instead of "the people" as in Rhode Island's, was "the people of the United States," which appears to be a truism, since they were not making a contract with any one but themselves. In 1861, on the assumption that any part of the people might revoke the governmental powers at will, this was quoted to justify Virginia's attempt at secession. The argument was, that she had accepted the Constitution only conditionally; to which it was answered that the very structure and wording of the Constitution showed that there could be no such thing as a conditional acceptance, and that no conditional ratification was understood or would have been accepted. The following suggestion is identical with one of North Carolina's: "That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead." No such suggestion came from Pennsylvania, whence it might have been expected; and the writers of this appear to have been ignorant of the fact that those who have religious scruples against bearing arms have equal scruples against employing any one to bear arms for them.

The territory of Vermont had been claimed by both New Hampshire and New York, and because of the dispute she had been refused admission to the Confederation and representation in the Continental Congress. For several years she was an independent State, till March 4, 1791, when she became the first State admitted to the Union under the Federal Constitution.

At the first Presidential election under the Constitution, George Washington received the unanimous vote of the Electoral College, sixty-nine, and became President. John Adams received thirtyfour votes and became Vice-President, as the other thirty-five were scattered among ten candidates, the largest vote for any one being nine for John Jay. Rhode Island, New York, and North Carolina did not participate in the election. The First Congress met in New York city, March 4, 1789; but there was no quorum for some time, and Washington was not inaugurated President till April 30.

CHAPTER VII

AMENDMENTS

THE First Congress under the Constitution, which began its session March 4, 1789, proposed to the States twelve amendments, which had been suggested by several of the State Conventions. The Virginia Convention spoke of them as a Bill of Rights. Congress proposed them with this preamble:

"The conventions of a number of States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best ensure the beneficent ends of its institution, Resolved," etc.

The first two of the twelve amendments proposed were these:

"ARTICLE I. After the first enumeration required by the First Article of the Constitution, there shall be one Representative for every thirty thousand,