Part 32 (1/2)

”First, That the general government is not invested with more powers than are indispensably necessary to perform the functions of a good government, and, consequently, that no objection ought to be made against the quant.i.ty of power delegated to it.

”Secondly, That these powers, as the appointment of all rulers will forever arise from, and at short stated intervals recur to the free suffrage of the people, are so distributed among the legislative, executive, and judicial branches in to which the general government is arranged that it can never be in danger of degenerating into a monarchy, an oligarchy, an aristocracy, or any other despotic or oppressive form so long as there shall remain any virtue in the body of the people.

”I would not be understood, my dear Marquis, to speak of consequences which may be produced in the revolution of ages, by corruption of morals, profligacy of manners, and listlessness in the preservation of the natural and unalienable rights of mankind, nor of the successful usurpations that may be established at such an unpropitious juncture upon the ruins of liberty, however providentially guarded and secured, as these are contingencies against which no human prudence can effectually provide. It will at least be a recommendation to the proposed const.i.tution that it is provided with more checks and barriers against the introduction of tyranny and those of a nature less liable to be surmounted than any government hitherto inst.i.tuted among mortals.

We are not to expect perfection in this world: but mankind, in modern times, have apparently made some progress in the science of government.

Should that which is now offered to the people of America be found an experiment less perfect than it can be made, a const.i.tutional door is left open for its amelioration.”

A letter of Mr. Jefferson, written to one of his friends while the const.i.tution was under consideration, gives some interesting particulars respecting its reception and the opinions of some of the States and leaders in regard to it:

”The const.i.tution,” he says, ”has been received with very general enthusiasm; the bulk of the people are eager to adopt it. In the eastern States the printers will print nothing against it unless the writer subscribes his name. Ma.s.sachusetts and Connecticut have called conventions in January to consider it. In New York there is a division; the governor, Clinton, is known to be hostile. Jersey, it is thought, will accept; Pennsylvania is divided, and all the bitterness of her factions has been kindled anew. But the party in favor of it is the strongest, both in and out of the Legislature. This is the party anciently of Morris, Wilson, etc. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it, yet it is supposed that Chase and Paca will oppose it. As to Virginia, two of her delegates, in the first place, refused to sign it; these were Randolph, the governor, and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees are against it. General Was.h.i.+ngton will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar,” etc.

With respect to Was.h.i.+ngton, Jefferson was mistaken. His letters show that he did exert himself very zealously to remove the objections of recusant States and statesmen, especially the Virginia leaders who were all numbered among his personal friends.

The following letter to Jonathan Trumbull, of Connecticut, written at Mount Vernon on the 20th of July, 1788, when the final event was pretty certain, evinces the lively interest he took in the progress of affairs and the deep religious feeling of thankfulness with which, as usual, he recognized the hand of Providence in the result:

”You will have perceived from the public papers,” he writes, ”that I was not erroneous in my calculation, that the const.i.tution would be accepted by the convention of this State. The majority, it is true, was small and the minority respectable in many points of view. But the great part of the minority here, as in most other States, have conducted themselves with great prudence and political moderation, insomuch that we may antic.i.p.ate a pretty general and harmonious acquiescence. We shall impatiently wait the result from New York and North Carolina. The other State, which has not yet acted, is nearly out of the question.

”I am happy to hear from General Lincoln and others that affairs are taking a good turn in Ma.s.sachusetts, but the triumph of salutary and liberal measures over those of an opposite tendency seems to be as complete in Connecticut as in any other State, and affords a particular subject of congratulation. Your friend, Colonel Humphreys, informs me from the wonderful revolution of sentiment in favor of Federal measures and the marvelous change for the better in the elections of your State, that he shall begin to suspect that miracles have not ceased. Indeed, for myself, since so much liberality has been displayed in the construction and adoption of the proposed general government, I am almost disposed to be of the same opinion. Or at least we may, with a kind of pious and grateful exultation, trace the finger of Providence through those dark and mysterious events which first induced the States to appoint a general convention and then led them one after another, by such steps as were best calculated to effect the object into an adoption of the system recommended by that general convention, thereby, in all human probability, laying a lasting foundation for tranquility and happiness, when we had but too much reason to fear that confusion and misery were coming rapidly upon us.”

North Carolina and Rhode Island did not at first accept the const.i.tution and New York was apparently dragged into it by a repugnance to being excluded from the confederacy. At length the conventions of eleven States a.s.sented to and ratified the const.i.tution. When officially informed of this fact, Congress pa.s.sed an act appointing a day for the people throughout the Union to choose electors of a president of the United States in compliance with the provision in the const.i.tution and another day for the electors to meet and vote for the person of their choice. The choice of electors was to take place in February, 1789, and the electors were to meet and choose a president on the first Wednesday in March following.

A few days before the close of the convention, Was.h.i.+ngton prepared and submitted a draft of a letter to Congress, which was adopted. The const.i.tution having been duly signed, it was transmitted to Congress, with the letter from the president of the convention.

”IN CONVENTION, September 17, 1787.

”SIR:--We have now the honor to submit to the consideration of the United States, in Congress a.s.sembled, that const.i.tution which has appeared to us the most advisable.

”The friends of our country have long seen and desired, that the power of making war, peace, and treaties; that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union: but the impropriety of delegating such extensive trust to one body of men is evident. Hence results the necessity for a different organization.

”It is obviously impracticable in the federal government of these States to secure all the rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty, to preserve the rest. The magnitude of the sacrifice must depend, as well on situation and circ.u.mstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion, this difficulty was increased by a difference among the several States, as to their situation, extent, habits, and particular interests.

”In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus the const.i.tution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.

”That it will meet the full and entire approbation of every State, is not perhaps to be expected; but each State will doubtless consider, that had her interests alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so 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 WAs.h.i.+NGTON,

”_President_.

”By unanimous Order of the Convention.

”His EXCELLENCY THE PRESIDENT OF CONGRESS.”

We give this important doc.u.ment in full, as contained in the Supplement to the Journal of the Federal Convention.

THE CONSt.i.tUTION OF THE UNITED STATES.