Volume I Part 3 (2/2)

[Footnote 28: _Hamilton's Works_ (Lodge), Vol. 1, p. 401.]

In 1787, however, the Legislature adopted a joint resolution instructing members of Congress from the State to urge that a convention be held to amend the Articles of Confederation, and, when Congress issued the call,[29] Robert Yates, John Lansing, Jr., and Alexander Hamilton were elected delegates ”for the sole purpose of revising the Articles of Confederation, and reporting to Congress and the several Legislatures such alterations as shall, when agreed to by Congress and confirmed by the several States, render the Federal Const.i.tution adequate to the exigencies of government and the preservation of the Union.” Hamilton's election to this convention was cited as proof of Clinton's disposition to treat fairly the opponents of state supremacy, since it was well understood that his presence at Philadelphia would add the ablest and most ultra exponent of a strong, central government. It was certainly in Clinton's power to defeat Hamilton as he did John Jay, but his liberality carried a high check-rein, for Robert Yates and John Lansing were selected to overcome Hamilton's vote.

[Footnote 29: In _Madison Papers_, Vol. 2, Introductory to Debates of 1787, is a history of previous steps toward union.]

Clinton's first choice for a delegate was Yates, whose criticism of the work of the convention manifests hostility to a Union. He seemed to have little conception of what would satisfy the real needs of a strong government, preferring the vague doctrines of the old Whigs in the early days of revolution. Lansing was clearer, and, perhaps, less extreme in his views; but he wanted nothing more than an amendment of the existing Confederation, known as the New Jersey plan.[30] The moment, therefore, that a majority favoured the Virginia plan which contemplated a national government with an executive, legislature, and judiciary of its own, Lansing and Yates, regarding it a violation of their instructions, and with the approval of Governor Clinton, withdrew[31] from the convention and refused to sign the Const.i.tution after its adoption.[32]

[Footnote 30: ”After an amendment of the first, so as to declare that 'the government of the United States ought to consist of a supreme legislative, judiciary, and executive,' Lansing moved a declaration 'that the powers of legislation be vested in the United States Congress.' He stated that if the Jersey plan was not adopted, it would produce the mischiefs they were convened to obviate. That the principles of that system were an equality of representation, and dependence of the members of Congress on the States. That as long as state distinctions exist, state prejudices would operate, whether the election be by the States or the people. If there was no interest to oppress, there was no need of an apportionment. What would be the effect of the other plan? Virginia would have sixteen, Delaware one representative. Will the general government have leisure to examine the state laws? Will it have the necessary information? Will the States agree to surrender? Let us meet public opinion, and hope the progress of sentiment will make future arrangements. He would like the system of his colleague (Hamilton) if it could be established, but it was a system without example.”--_Hamilton's MSS. notes_, Vol. 6, p.

77. Lansing's motion was negatived by six to four States, Maryland being divided.]

[Footnote 31: Yates and Lansing retired finally from the convention on July 10.]

[Footnote 32: ”That they acted in accordance with Clinton was proved by his deportment at this time. Unreserved declarations were made by him, that no good was to be expected from the appointment or deliberations of this body; that the country would be thrown into confusion by the measure. Hamilton said 'Clinton was not a man governed in ordinary cases by sudden impulses; though of an irritable temper, when not under the immediate influence of irritation, he was circ.u.mspect and guarded, and seldom acted or spoke without premeditation or design.' When the Governor made such declarations, therefore, Hamilton feared that Clinton's conduct would induce the confusion he so confidently and openly predicted, and to exhibit it before the public in all its deformity, Hamilton published a pointed animadversion, charging these declarations upon him, and avowing a readiness to substantiate them.”--John C. Hamilton, _Life of Alexander Hamilton_, Vol. 2, p. 528.]

Hamilton doubted if Madison's plan was strong enough to secure the object in view. He suggested a scheme continuing a President and Senate during good behaviour, and giving the federal government power to appoint governors of States and to veto state legislation. In the notes of a speech presenting this plan, he disclaimed the belief that it was ”attainable,” but thought it ”a model which we ought to approach as near as possible.”[33] After the Madison plan had been preferred, however, Hamilton gave it earnest support, and although he could not cast New York's vote, since a majority of the State's representatives had withdrawn, he was privileged to sign the Const.i.tution. If he had never done anything else, it was glory enough to have subscribed his name to that immortal record. When Hamilton returned home, however, he found himself discredited by a majority of the people. ”You were not authorised by the State,” said Governor Clinton.[34] Richard Morris, the chief justice, remarked to him: ”You will find yourself, I fear, in a hornet's nest.”[35]

[Footnote 33: _Works_, Vol. 1, p. 357. G.T. Curtis, _Commentaries on the Const.i.tution_, pp. 371, 381, presents a very careful a.n.a.lysis of Hamilton's plan. For fac-simile copy of Hamilton's plan, see _Doc.u.mentary History of the Const.i.tution_ (a recent Government publication), Vol. 3, p. 771.]

[Footnote 34: M.E. Lamb, _History of the City of New York_, Vol. 2, p.

318.]

[Footnote 35: _Ibid._, Vol. 2, p. 318.]

On September 28, 1787, Congress transmitted a draft of the Const.i.tution, which required the a.s.sent of nine of the thirteen States, to the several legislatures. At once it became the sole topic of discussion. In New York it was the occasion of riots, of mobs, and of violent contests. It was called the ”triple-headed monster,” and declared to be ”as deep and wicked a conspiracy as ever was invented in the darkest ages against the liberties of a free people.” Its opponents, numbering four-sevenths of the community--although their strength was mainly in the country[36]--and calling themselves Federal Republicans, organised a society and opened correspondence with leading men in other States. ”All the old alarm about liberty was now revived,” says W.G. Sumner, ”and all the elements of anarchy and repudiation which had been growing so strong for twenty years were arrayed in hostility.”[37] But its bitterest opponent in the thirteen Colonies was George Clinton.[38] ”He preferred to remain the most powerful citizen of New York, rather than occupy a subordinate place under a national government in which his own State was not foremost.”[39] On the other hand, the _Federalist_, written largely by Hamilton, carried conviction to the minds of thousands who had previously doubted the wisdom of the plan. In the last number of the series, he said: ”The system, though it may not be perfect in every part, is upon the whole a good one, is the best that the present views and circ.u.mstances will permit, and is such an one as promises every species of security which a reasonable people can desire.”[40]

[Footnote 36: W.G. Sumner, _Life of Hamilton_, p. 137.]

[Footnote 37: _Ibid._, p. 135.]

[Footnote 38: John Fiske, _Critical Period of American History_, p.

340.]

[Footnote 39: John Fiske, _Essays Historical and Literary_, Vol. 1, p.

118.]

[Footnote 40: _Works of Hamilton_, Vol. 9, p. 548.]

When the Legislature opened, Governor Clinton delivered the usual speech or message, but he said nothing of what everybody else was talking about. Consideration of the Const.i.tution was the only important business before that body; four States had already ratified it, and three others had it under consideration; yet the Governor said not a word. His idea was for New York to hold off and let the others try it. Then, if the Union succeeded, although revenue difficulties were expected to break it up immediately,[41] the State could come in.

Meantime, like Patrick Henry of Virginia, he proposed another general convention, to be held as soon as possible, to consider amendments.

Thus matters drifted until January, 1788, when Egbert Benson, now a member of the Legislature, offered a resolution for holding a state convention to consider the federal doc.u.ment. Dilatory motions blocked its way, and its friends began to despair of better things; but Benson persisted, until, at last, after great bitterness, the resolution was adopted.

[Footnote 41: W.G. Sumner, _Life of Hamilton_, p. 137.]

Of the sixty-one delegates to this convention, which a.s.sembled at the courthouse in Poughkeepsie on June 17, two-thirds were opposed to the Const.i.tution.[42] The convention organised with Governor Clinton for president. Among the champions of the Const.i.tution appeared Hamilton, Jay, Robert R. Livingston, Robert Morris, James Duane, then mayor of New York, John Sloss Hobart, Richard Harrison, and others of like character. Robert Yates, Samuel Jones, Melancthon Smith, and John Lansing, Jr., led the fight against it. Beginning on June 19, the discussion continued until July 28. Hamilton, his eloquence at its best, so that at times there was not a dry eye in the a.s.sembly,[43]

especially emphasised the public debt. ”It is a fact that should strike us with shame, that we are obliged to borrow money in order to pay the interest of our debt. It is a fact that these debts are acc.u.mulating every day by compound interest.”[44] In the old Confederation, he declared, the idea of liberty alone was considered, but that another thing was equally important--”I mean a principle of strength and stability in the organisation of our government, and of vigour in its operations.”[45] Professor Sumner, in his admirable biography, expresses surprise that nothing is said about debts in the _Federalist_, and comparatively little about the Supreme Court. ”This is very remarkable,” he says, ”in view of the subsequent history; for if there is any 'sleeping giant' in the Const.i.tution, it has proved to be the power of the Supreme Court to pa.s.s upon the const.i.tutionality of laws. It does not appear that Hamilton or anybody else foresaw that this function of the Court would build upon the written const.i.tution a body of living const.i.tutional law.”[46]

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