Sidebilder
PDF
ePub

we hope and believe; that it may promote the lasting welfare of that country dear to us all, and secure her freedom and happiness, is our most ardent wish.

With great respect, we have the honor to be, sir, your Excellency's most obedient and humble servants,

GEORGE WASHINGTON, President.

By unanimous order of the convention.

To His Excellency, THE PRESIDENT OF CONGRESS.

In accordance with the recommendation of the national convention, the legislatures of all the states, except Rhode Island, at their next sessions, severally passed acts, calling conventions for their respective states, to be composed of delegates to be chosen by the electors thereof, and providing for the election of the delegates, and the times and places of holding the several conventions. Delegates were thereupon chosen in each of the twelve states, and a state convention assembled therein, to consider the proposed constitution, and to approve and adopt the same, in behalf of the people of the state, or to reject it.

There was very great difference of opinion in the country, among the people, and among the delegates to the several state conventions, as to the policy of adopting the constitution, or continuing under the articles of confederation. Many feared that the new government, if adopted, would over-ride and crush state rights and the state governments, and tend to consolidation, national despotism over both states and individuals, and lead to corruption, gross abuses, and tyranny. While the question was pending, a series of articles were written by Alexander Hamilton, James Madison, and John Jay, published in newspapers in the City of New York, and from thence copied into many other papers and published in the several states, explaining the various provisions of the Constitution. These articles were afterwards collected and published in books, and are known as the Federalist. They laid the principal corner-stones of American constitutional law, turned the scale in favor of the Constitution, and secured its adoptionwhen it is probable that it would otherwise have been rejected. The opposition to its adoption in many of the states, and particularly in New York, Virginia, North Carolina and Rhode Island,

was violent, and the debates in convention were long and warm. It was to go into effect when adopted by nine states, leaving the other states to act independently by themselves, either under the articles of confederation, or separately. The legislature of Rhode Island submitted it to the electors of the several towns, to pass upon in town meetings, and a majority of the towns rejected it. The convention of North Carolina unanimously adopted it—but on condition that numerous amendments should be made, which was treated as a rejection of it. It was approved and ratified by the other states, in their conventions, as follows, to wit: by Delaware, December 7th, 1787; by Pennsylvania, December 12th; by New Jersey, December 18th; by Georgia, January 2d, 1788; by Connecticut, January 9th; by Massachusetts, February 7th; by Maryland, April 28th; by South Carolina, May 25th; by New Hampshire, June 21st; by Virginia, June 26th; and by New York, July 26th, 1778.

Eleven states having approved and ratified the Constitution, Congress met in the City of New York and passed the following preamble and resolution:

IN CONGRESS, Saturday, Sept. 13, 1788. On the question to agree to the following proposition, it was resolved in the affirmative, by the unanimous votes of nine states, viz: of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina, and Georgia.

Whereas, the convention assembled in Philadelphia, pursuant to the resolution of congress of the 21st February, 1787, did, on the 17th day of September, in the same year, report to the United States in congress assembled, a consttiution for the people of the United States; whereupon, congress, on the 28th of the same September, did resolve unanimously, "That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case;" and whereas, the constitution so reported by the convention, and by congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications, duly authenticat

ed, have been received by congress, and are filed in the office of the secretary: therefore,

Resolved, That the first Wednesday in January next, be the day for appointing electors in the several states, which before the said day shall have ratified the said constitution; that the first Wednesday in February next, be the day for the electors to assemble in their respective states, and vote for a president; and that the first Wednesday in March next, be the time, and the present seat of congress the place, of commencing proceedings under the said

constitution.

Presidential electors were accordingly chosen, George Washington was elected president, and John Adams, vice president; senators and members of congress were also elected for the several states, and the government was organized in March, 1789, and went into operation in and over the eleven states that had approved and ratified the constitution, leaving Rhode Island and North Carolina to govern themselves as sovereign and independent states.

Congress proceeded immediately to pass laws to establish and organize the executive and judicial departments of the government -to provide for a department of state, finance, war, navy, and post office department-and passed laws to regulate foreign commerce and navigation, and the coasting trade, and to impose duties on tonnage and foreign imports. In all their acts, Congress necessarily regarded and treated North Carolina and Rhode Island as independent and foreign states, not subject to the constitution. and laws of the United States, nor entitled to the benefits thereof. The action of Congress tended to alarm the people of those two states, and particularly the inhabitants of the cities, who were dependent upon commerce and navigation, and to bring them to a realizing sense of their isolated and helpless condition.

The legislature of North Carolina finally called a second convention, which approved and ratified the constitution of the United States, November 13th, 1789. In January, 1790, the legislature of Rhode Island passed an act calling a convention to take into consideration the federal constitution. When the convention met, it was ascertained that a majority of the members were op posed to the constitution-but doubting and hesitating upon the

subject, and wishing to witness its operation for a longer period, they adjourned the convention until May. The people, and particularly those engaged in commerce or navigation, felt very uneasy, and as Hildreth says, "The secession of the commercial towns of Providence and Newport, and indeed the partition of the whole state between Massachusetts and Connecticut, was openly talked of, as well in Rhode Island itself as in the neighboring States." On the assembling of the convention the constitution was finally approved and ratified on the 29th of May, 1790, by a majority of two votes. Members of the senate and house of representatives were soon after elected and took their seats in Congress, and Rhode Island was once more united with her sister states.

Many objected to the constitution because it contained no bill of rights-no such limitations of power as are prescribed in the great charter of King John, and other English Kings, and no such express reservation of power to the states as is contained in the second of the articles of confederation. To obviate these and many other objections, several of the state conventions, which ratified the constitution, proposed various amendments thereto, which were referred to a special committee of the first Congress, and on the coming in of their report, a preamble and resolution was adopted, and amendments proposed by Congress, which were afterwards adopted by the requisite number of states to become operative. They are

as follows, to wit:

Congress of the United States, begun and held at the city of New York, on Wednesday, the 4th of March, 1789. The conventions of a number of the 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 insure the beneficent ends of its institution,

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three-fourths of said legislatures, to be valid to all intents and purposes, as part of the said constitution, viz:

AMENDMENTS.

ARTICLE I.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

ARTICLE II.

A well regulated militia being necessary to the security of a free state, the right of a free people to keep and bear arms shall not be infringed.

ARTICLE III.

No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

ARTICLE IV.

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

ARTICLE V.

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;* nor shall private property be taken for public use, without just compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and dis

* As to the meaning of the words" due process of law," in the 5th amendment, see the decision of the Supreme Court, in the case of Murray vs. Hoboken Land Comp, in 18th Howard's Rep., 272 and 276 to 280.

« ForrigeFortsett »