found side by side with benign John Marshall, whose tall form was to occupy the chair of Chief Justice of the Supreme Court of the United States, while Madison was to execute the laws which the great jurist should hold to be constitutional, and both live to be octogenarians. It was a strange coincidence, too, that both these men. should have been afflicted with incurable internal disorders-Judge Marshall in his last days, and Madison for more than sixty years-thus illustrating how the soul dominates the body, and how great public duties can be performed with cheerfulness even in the spasms of pain. It is equally strange that James Monroe and Bushrod Washington should meet in the same convention, the first destined to the Presidency in an "era of good feeling," and the second to interpret the new Constitution as an Associate Justice of the Supreme Court of the United States.

It is a romance of coincidences, perhaps links in an unbroken chain of events.

So great was the apprehension that too much power had been conceded to the United States, that the Constitution was only ratified by ten votes in a convention of one hundred and sixtyeight members. But, as we shall see, it determined the fate of the instrument in the New York convention.

Before ratification, Virginia passed the following reservation: "We, the delegates of the people of Virginia, duly elected in pursuance of the recommendation of the General Assembly, and now met in convention, having fully and freely investigated and discussed the proceedings of the Federal convention, and being prepared as well as the most mature deliberation hath enabled us to decide thereon, do, in the name and behalf of the people of Virginia, declare and make known that the powers granted under the Constitution, being delivered from the people of the United States, may be resumed by them whenever the same shall be perverted to their injury or oppression, and that every power not granted, thereby remained with them and at their will."

What of Randolph's defection?

The change in the tactics of Governor Randolph assisted ratification. His biographer, Moncure Daniel Conway, calls him a "recusant.' The angry opponents of the Constitution saw the Governor in a worse light. John Scott, in his able and searching work, "The Republic as a Form of Government; or, the Evolution of Democracy," regards Randolph, more than Madison, as the "father of the Constitution," because much of his plan was retained in one form or another.

Mr. Conway deplores that the convention did. not adopt Randolph's "efforts to make the relative State and Federal powers definite and unmistakable. The clause he would have added in ink has been written in blood." That is to say, the late war consolidated the republic, which is a mistake. It produced no change in structure. Governor Randolph's Henrico constituents had voted for him with the understanding that he was to oppose ratification until the States should amend the Constitution. He accepted, but disregarded their wishes.

The supplicatory appeal of this eloquent and able Virginian, just as the convention of ratification was about to adjourn, is pathetic in its mild defiance. He said: "The suffrage which I will give in favor of the Constitution will be ascribed by malice to motives unknown to my breast. But, although for every other act of my life I shall seek refuge in the mercy of God, for this I request His justice only."

Mr. Randolph saw his "national government disappear before the logic of Ellsworth and the threat of Brearly of New Jersey and the frowns of the people. "In the convention," wrote Luther Martin in his report to Maryland, "there was a distinct monarchical party." They could not help Randolph. He did not approve of the changes

in his strong government plan, yet would have appended his name to the Constitution had another general convention been declared essential to ratification. It was finally thought by Madison, and concurred in by Randolph, that a second convention would discredit the first one, and Virginia was urged to ratify, leaving amendments to be regarded as conditions subsequent, but treated as conditions precedent. In other words, to use the language of a resolution of the Virginia Assembly while considering the long series of amendments proposed to Congress to be laid before the States, "In the moment of their adoption " they should be looked upon as "coeval with the ratification of the new plan of government."

Have they been so considered?

Yes. The Eleventh Amendment was held in the case of Hollingsworth vs. Virginia, before mentioned, to be a part of the Constitution before formal ratification and really contemporaneous with the instrument. Governor Hancock of Massachusetts had before agreed with Hamilton in the "Federalist," "that a State could not be sued." Yet his State was sued, the Governor paying no attention to the process served on him. The Supreme Court of the United States not long after decided that such suits would lie. That

procured the exemption of the several States from suits which detracted from their sovereignty. Governor Hancock's agency in this reform entitles him to the gratitude of all the States.

What occurred in the New York convention?

This convention met at Poughkeepsie in the summer of 1788, and continued in session for six weeks. It was composed of sixty-five members. Among them were Alexander Hamilton, John Jay, who was less than five feet in height, aquiline nose, with the student stoop, and blue-eyed, subsequently first Chief Justice of the United States, but then Secretary for Foreign Affairs; Chancellor Livingston, called by Franklin the American Cicero, and a type of the colonial patrician, who afterwards delivered the oath of office to President Washington on the balcony of Federal Hall, in Wall Street, while Hamilton, the coming first Secretary of the Treasury, looked on from his office opposite; and Mayor Duane, of New York city. These were the chief champions of the ratification of the Constitution. The principal opponents were Governor George Clinton, president of the body; Robert Yates, Chief Justice of the State; John Lansing, who had withdrawn from the Philadelphia convention with Robert Yates, and was afterwards Chancellor; Recorder Jones,