History of the Formation of the Constitution of the United States of America

Front matter

THE CONSTITUTION OP THE UNITED STATES OF AMERICA. VOL. II. "As the British Constitution is the most subtile organism which has proceeded from progressive history, so the American Constitution is the most -wonderful work ever struck off at a given time by the brain and purpose of man." — William E. Gladstone. HISTORY OF THE FORMATION OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA. BY GEOEGE BANCROFT. IN TWO VOLUMES VOL. II. NEW YORK: D. APPLETON AND COMPANY, 1, 3, Ain> 5 BOND STREET. 1882. COPYRIGHT BT GEOEGE BANCROFT, 1882. CONTENTS.

Chapter I. The Constitution In Outline. 1787

Events overruled by justice, 3 — General desire for a closer union, 3 — Character of the elections to the federal convention, 3 — Journey to Philadel phia, 4 — Arrival of Washington, 4 — Opening of the federal convention, 4 — The Virginia members prepare a finished plan, 5 — Washington declares for a new constitution, 5 — Position of Edmund Randolph, 5 — His station and character, 6 — Virginia unites under the lead of Madison, 7 — Shall the con vention vote by states, 7 — Arrival of delegates, 7 — Their jarring opinions, 8 — Washington's appeal to them, 8 — The convention organized, 8 — Limited power of the delegates from Delaware, 8 — Position of Rhode Island, 8 — Character of the delegates, 9 — Votes of individuals not to be recorded, 10 — Randolph opens the convention, 10 — He proposes an outline of a constitution, 11 — Proposal of Virginia to found representation on free inhabitants, 13 — Charles Pinckney presents a plan, 14 — Debates in committee, 14 — Butler supports the Virginia plan, 14 — Government must act on individuals, 15 — Sherman not yet ready, 15 — Debate on equality of suffrage, 15 — Delaware interposes, 15 — The legislature to be of two branches, 16 — One branch to be directly chosen by the people, 17 — Extent of the federal legislative powers, 17 — The right to negative any state law denied, 18 — Coercion of states, 19 — The national executive, 19 — The mode of its election and its powers, 20 — Shall it be of one or more, 20 — Sherman for its subordination to the legisla ture, 21 — Shall there be unity in the executive, 21 — Shall it be chosen by the people, 21 — Its period of service, 22 — How to be chosen, 22 — How to be removed, 23 — Speech of Dickinson for a vote by states in one branch of the legislature, 23 — Randolph proposes an executive of three members, 24 — Opinions on an executive council, 24 — The executive to be single, 25 — The veto power, 25 — The judiciary, 26 — Shall the house of representatives be CONTENTS.

VI chosen by the states, 26 — Or by the people, 27 — How both branches are to be chosen, 28 — Hamilton's opinion, 29 —Appointment of judges, 29 — How to choose the senate, 29— Are the states in danger, 30 — The equality of the small states defended, 31— Franklin interposes as a peacemaker, 32 — Con necticut the umpire between the small states and the large ones, 32 — The large states prevail, 33 — The requirement of an oath, 34 — Term of office and qualifications of representatives, 34 — Of senators, 35 — The work of the com mittee ended, 35.

Chapter II. New Jersey Claims An Equal Representation Of The States

1787. The small states dissatisfied, 36 — The plan of Connecticut, 36 — New Jersey resists the large states, 38 — The plan of New Jersey, 39 — Debate on the ex tent of the powers of the convention, 39 — Paterson pleads for the equality of the states in one supreme council, 40 — Debate on the sovereignty of a single body, 41 — Speech and plan of Hamilton, 42 — How his plan was received, 45 — The Virginia plan reported to the house, 46.

Chapter III. The Connecticut Compromise

1787. The states and the nation, 47 — Independence declared unitedly, 48 — Con necticut takes the lead, 48 — Character of Roger Sherman, 48 — Of Johnson, 50 — Of Ellsworth, 51 — Federal and national, 51 — Speech of Mason for two branches, 52 — Sherman for two branches, 53 — The convention decides for two branches, 54 — Wilson speaks for the general government and the state governments, 55 — Ellsworth would graft a general government on the state governments, 56 — The mode of choosing and term of office of the senators, 56 — The decision, 57 — Fierce contest between the smaller states and the large ones, 58 — Franklin proposes prayer, 59 — The debate continues, 60 — Suffrage in the first branch proportioned to population, 61 — Ellsworth would have the vote in the senate by states, 62 — Speech of Baldwin, 62 — Wilson refuses to yield, 62 — So does Madison, 63 — Persistence of Ellsworth, 64 — He is sup ported by North Carolina, 65 — The convention equally divided, 66 — Appoint ment of a grand committee to report a compromise, 67.

Chapter IV. The Adjustment Of Representation

Franklin's compromise, 68 — Morris claims representation for property, 69 — The ratio of representation referred to a committee, 70 — Report of the committee, 71 — Appointment of a committee of one from each state 72 Its report, 72 — Madison's proposal of compromise, 72 — Report of the new com- CONTENTS. VII mittee, 72 — Approved by all except South Carolina and Georgia, 73 — Yates and Lansing desert their post, 74 — The southern states have a majority in the convention, 75 — Abolition of slavery in the North, 76 — Movement against the slave-trade, 77 — Two classes of slave states, 78 — Jealousy of the speedy preponderance of western states, 79 — The equal rights of the western states maintained, 80 — Strife on the representation for slaves, 81 — A triple set of parties prevent a decision, 82 — Rash proposal of Morris, 83 — Taxation and representation, 83 — Slaves to be counted as three fifths in representation, 84 — Morris fears injury to commerce from the influence of western states, 85 — Representation in the second branch proportioned to numbers, 86 — Effect of the decision on the political power of the South, 87 — The senate to vote by states, 88.

Chapter V. The Outline Of The Constitution Completed And Referred

The distribution of powers between the general government and the states, 89 — Relation of federal legislation to that of the states, 90 — Property qualification as a condition of holding office, 91 — Qualification of the electors left to the states, 92 — Extent of the jurisdiction of federal tribunals, 93 — How the new constitution was to be ratified, 94 — Committee of five ordered to report the resolutions of the convention in the form of a constitution, 95 — Character of Rutledge, 95 — Industry of the committee, 96 — Anxiety of the country, 97.

Chapter VI. The Colonial System Of The United States

The ordinance of 1787, 98 — Treaty with the Shawnees, 98 — Monroe's journey to the West, 99 — Report of a grand committee on the western territory, 99 — Monroe's plan for a northwestern ordinance, 100 — Monroe and restric tions on slavery, 101 — Certain waters and carrying places declared free, 101 — The Connecticut reserve, 101 — The proposed five states in the northwest, 102 — Jealousy of the western states, 103, 104 — Kaskaskias, 103 — Urgent need of a territorial government, 104 — Progress of the bill, 105 — Rufus Putnam's plan for colonizing the West, 105 — His appeal to Washington, 106 — Parsons visits the West, 106 — Congress quiets the Indian title to a great part of Ohio, 107 — Formation of the Ohio company, 108 — Parsons presents its memorial to congress, 109 — Effect of the memorial, 110 — Power of the South, 110 — Cutler before congress, 110 — Carrington's report, 111 — Richard Henry Lee on a new committee of seven, 112 — Ordinance for governing the territory of the United States, 112 — Its clauses, 112 — Clause on contracts, 113 — Grayson and slavery, 114 — Nathan Dane and King, 115 — History of the clause against slavery, 116 — Virginia accepts the ordinance with its exclusion of slavery, 117 — The rights of the free negro in New York and Virginia, 118. CONTENTS. VIII

Chapter VII. The Constitution In Detail

THE POWERS OF CONGRESS. August, 1787. Report of the committee of detail, 119 — The constitution a government by the people, 119 — Membership of a colony defined, 120 — Who are the people of the United States, 121 — The new government a unity in plurality, 121 — The tripartite division of powers, 121 — Election of the members of congress, 122 — Continuous succession of the government provided for, 122 — The new government to be supported from the common treasury, 122 — Number of representatives, 123 — Qualifications of membership, 123 — Discrimination against the foreign-born, 124 — Property qualification rejected, 125 — The quorum, 125 — Qualifications of electors, 126 — To be established by each state for itself, 128 — Relation of the Blave-trade to representation, 128 — Of slavery, 129 — Why slaves should not be represented, 130 — The question adjourned, 132 — Powers granted to the new government, 132 — Power to emit paper money objected to by Hamilton, 132 — By Gouverneur Morris, 132 — By Mason, Gorham, Mercer, Ellsworth, and Randolph, 133' — By Wilson and Lang don, 134 — Madison's vote decides that the power shall not be granted, 134 — How friends of paper money stand in history, 135 — Power of the states to emit paper money, 136 — The power absolutely prohibited, 137 — Power left to the states to interfere with contracts, 138 — But not to interfere ex post facto, 138 — The term ex post facto defined, 139 — Power of the congress to encourage manufactures by impost duties, 139 — Shall states or the United States encourage manufactures, 140 — Power confined to the United States, 141 — States not to treat with foreign powers or other states, 141 — Slaves and representation, 142 Who are citizens, 143 — Fugitives from justice, 143 — Fugitive slaves, 144.

Chapter VIII. The Powers Of Congress, Continued

August, 1787. The assumption of the state debts, 145 — Jurisdiction over crimes, 145 — Power to subdue a rebellion, 146 — Power of declaring war, 146 — General pro positions of Madison, 146 — The army, navy, and militia, 147 — Clause on the militia, 148 — Compromise on the appointment of militia officers, 149 — Power to execute the powers granted, 149 — Treason, 149 — State laws cannot shield the traitor, 150 — Commerce and the slave-trade, 151 — Exports exempted from taxation, 152 — Debate on continuing the slave-trade, 152 — South Carolina and Georgia threaten to secede, 155 — Dickinson hints at a compromise, 156 North Carolina will join South Carolina and Georgia on the question, 156 The question committed, 157 — The questions of the slave-trade and of a navigation act committed, 157 — The compromise of the committee, 158 — Final shape of the compromise, 159 — Slave-trade abolished after twenty years, 159 Doom of slave-holding, 160 — Why the British failed in retaining the South, 160 — How slaves may emerge into the human character, 161 — Grant of power to CONTENTS.

IX regulate commerce, 162 — The admission of new states within the limits of the United States, 162 — The admission of new states from abroad permitted, 163 — Special provision for the admission of Vermont, 163 — Powers of congress over the territory and other property of the United States, 164 — Limit on the taxation of slaves, 164.

Chapter IX

the president. July — September, 1787.

The choice of the president a difficult problem, 165 — How shall he be chosen, 166 — Shall he be re-eligible, 166 — The tenure of good behavior con sidered, 167 — Question between the tenure of good behavior or the tenure for seven years with perpetual re-eligibility, 168 — Choice by the national legisla ture and re-eligibility incompatible, 168 — The choice of the president by the aggregate people rejected, 169 — The choice by an electoral college, 169 — Ob jections started against it, 170 — A triple executive proposed, 170 — Relation of re-eligibility of the executive to the length of the period of office, 171 — Madison proposes the election by the people at large, 171 — Jealousy of the smaller states, 171 — Proposal that each person should vote for two candidates, the highest to prevail, 172 — Different plans proposed, 172 — The convention votes for a single executive, to be chosen by the legislature for seven years, and to be ineligible, 173 — The decision not accepted as final, 173 — Report of the committee of detail, 173 — Antagonism of the smaller and the large states, 174 — The choice of the president by the vote of the states negatived, 175 — Subject referred to a committee of eleven, 176 — Opinions of Gouverneur Mor ris, 176 — Of Sherman, 177 — Report of the committee, 177 — The president to be voted for in the electoral colleges of the states, 178 — And the vote to be counted by the senate, 178 — The plan of leaving so much power to the 6enate objected to, 179 — Continued debate, 180 — Speech of Wilson, 181 — Of Hamil ton, 182 — How the votes were to be counted, 182 — The mode of counting in Massachusetts preferred to that of Virginia, 183 — A summary statement of the matter, 184 — Election of the vice-president, 186 — Title of the president, 187 — The veto power, 187 — Power of pardon, 188 — The president commander in-chief, 188 — Restraints proposed on the executive power, 188 — A privy council proposed, 189 — The plan for a council rejected, 190 — Relation of the president and the senate, 190 — Power of war and peace, 191 — Over inter course with foreign states, 191 — Power of appointment, 191 — Power of removing, 192 — Qualifications of the president, 192 — Impeachment of the president, 193 — State of the president while on trial, 194 — Judgment in case of impeachment, 194.

Chapter X

the federal judiciary. August — September, 1787. Report on the federal judiciary, 195 — The judiciary and the veto power, 196 — Proposals of Pinckney, 196 — Organization of federal courts, 197 — Judges CONTENTS. X not removable by address, 197 — Extent of the judicial power, 198 — The judiciary and unconstitutional laws, 198 — Senate to try impeachments, 199 — To cases beginning and ending in a state, 199 — The original jurisdiction of the supreme court, 199 — Its appellate powers, 200 — Method of choosing it, 201 — The supreme court and legislative encroachments, 201 — Protection against erroneous judgments, 201 — By the court, 202 — By congress, 203 — By the good sense of the land, 203 — Methods of consolidating the union, 203 — Of bankruptcies, 204 — Of money bills, 204 — Number of the house of representatives, 204 — How the constitution was to be ratified, 205 — Randolph and Franklin for another federal convention, 206.

Chapter XI

the last days of the convention. 12 — 17 September, 1787. Final draft of the constitution, 207 — The constitution the institution of a government by the people, 208 — Why the names of the thirteen states were left out of the first clause, 208 — Federal and national, 208 — The veto of the president, 209 — Of juries, 209 — Motion for a bill of rights defeated, 210 — No title for the president, 210 — Of encouraging American manufactures, 210 — Servitude and service, 211 — How to introduce the constitution, 211 — The keeper of the purse, 211 — Power to cut canals negatived, 212 — Of a university, 212 — No state to trespass on the rights of another state, 213 — The obligation of contracts, 214 — The distribution of representation, 214 — Slavery not recognised as a legal condition, 215 — Modes of amending the constitution, 216 — Mason dreads navigation acts, 217 — Indecision of Randolph, 217 — Firmness of Pinckney, 218 — The constitution ordered to be engrossed, 218 — Washington's remark to members of the convention, 219 — Speech of Franklin, 219 — An amendment adopted at the wish of Washington, 220 — Appeals of Morris and Hamilton to every one to sign the constitution, 220 — Three refuse, 221 — The constitution signed by every state, 221 — Prophecy of Franklin, 221 — The meditations of Washington, 222.

Chapter I

the constitution in congress and in Virginia. September — November, 1787. The constitution received in congress, 225 — Opposed in congress, 226 Amendments desired by Lee, 227 — la supported by New York, 228 Proposi- CONTENTS. XI tions of New Jersey, 228 — Congress against Lee, 229 — A compromise agreed upon, 229 — Perseverance of Lee, 230 — Efforts of Washington in Virginia, 231 — Opponents of the constitution in Virginia, 232 — Washington wins over Randolph, 233 — Monroe writes in favor of adopting the constitution, 234 — The legislature of Virginia, 234 — The constitution referred to a state conven tion, 234 — But amendments may be proposed in the state convention, 235 — Plan for a second federal convention, 236 — A letter from Washington, 237.

Chapter II. The Constitution In Pennsylvania, Delaware, And New Jersey, And In

Georgia. From 18 September, 1787, to 2 January, 1788. Pennsylvania, 238 — Franklin presents the constitution to its legislature, 239 — Long debates upon it, 240 — Reception of the resolution of congress, 240 — A convention called, 241 — Lee and Wilson in Pennsylvania, 241 — Prompt meeting of the Pennsylvania convention, 242 — Speech of Wilson in favor of the constitution, 242 — Opposed by Smilie, 245 — And by Whitehill, 216 — On the want of a bill of rights, 247 — Speech of Findley, 248 — The constitution in the Delaware legislature, 249 — The Delaware convention ratifies the constitu tion, 250 — Pennsylvania ratifies the constitution, 251 — Act of the legislature of New Jersey, 252 — The New Jersey convention ratifies the constitution, 253 — The legislature of Georgia, 253 — Georgia unanimously ratifies the constitu tion, 254.

Chapter III. The Constitution In Connecticut And Massachusetts

Letter of Sherman and Ellsworth to the governor of Connecticut, 255 — The Connecticut convention, 266 — Speeches of Ellsworth and Johnson, 256 — James Wadsworth and answers to him, 257 — Wise conduct of Hancock, 258 — Massachusetts calls a convention, 258 — Condition of the state, 259 — The elections, 260 — Samuel Adams, 260 — Opening of the convention, 261 — Elbridge Gerry, 261 — Conduct of Samuel Adams, 262 — Objections to the constitution, 262 — Property qualifications, 263 — Representation of slaves, 263 — On a religious test, 263 — Period of office for senators, 264 — King explains the constitution, 264 — Dawes argues for protective duties, 264 — The convention wavering, 265 — Washington on a second convention, 266 — Rally of the friends of the constitution, 266 — Objections made and answered, 267 — The slave-trade, 268 — Hancock proposes resolutions, 269 — Supported by Samuel Adams, 269 — Amendments referred to a committee, 270 — The com mittee report its approval of the constitution, 271 — Objections on the score of the slave-trade, 271 — And for the want of a bill of rights, 272 — Stillman speaks for the constitution, 272 — In what words Hancock proposed the ques- CONTENTS. tion, 272 — The vote, 273 — Acquiescence of the opposition, 273 — Madison adopts the policy of Massachusetts, 274 — Opinions of Jefferson, 274 — Of John Adams, 276.

Chapter IV. The Constitution In New Hampshire, Maryland, And South Carolina

The constitution in New Hampshire, 277 — Its convention adjourns, 278 — The assembly of Maryland calls a convention, 278 — The cabals of Virginia, 279 — Influence of Washington, 279 — The election of a convention in Mary land, 280 — Advice of Washington, 280 — The convention of Maryland at An napolis, 281 — Conduct of Chase, 282 — Of Paca, 282 — Conduct of enemies and friends to the federal government, 283 — The constitution ratified, 283 — No amendments proposed, 284 — Maryland will have no separate confederacy, 284 — Hopefulness of Washington, 285 — The constitution in South Carolina, 285 — Attitude of its assembly, 286 — Debate between Lowndes and Pinckney, 286 — Why there was no bill of rights, 291 — Speech of Rutledge, 292 — Call of a convention, 292 — The convention organized, 293 — The constitution rati fied, 293 — Joy of Gadsden, 293 — Effect on New Hampshire, 294.

Chapter V. The Constitution In Virginia And In New Hampshire

Jay's negotiation with Gardoqui, 295 — Alarm of the southern stateB, 296 — Danger of a separation of the southern states, 297 — Failure of the negotiation, 298 — Washington and Jefferson, 299 — Randolph will Bupport the constitution, 299 — Effect of the example of Massachusetts on Virginia, 300 — The opposition in the Tirginia convention, 300 — Madison and Pendleton, 301 — Mason, 302 — Patrick Henry leads the opposition, 302 — Is replied to by Pendleton and Madison, 303 — Praise of the British constitution, 304 — Madison com pares the British and American constitutions, 305 — Henry speaks against the judiciary system, 306 — Marshall defends it, 306 — The debtor planters, 307 — Henry on a separate confederacy, 308 — Mason and Madison on the slave-trade, 309 — And Tyler, 310 — Henry fears emancipation by the general government, 310 — Noble speech of Randolph, 311 — Slavery condemned by Johnson, 311 — Navigation of the Mississippi, 311 — Contest between the North and the South, 312 — The power to regulate commerce, 313 — The prohibition of paper money, 313 — Quieting language of Henry, 314 — The convention refuses a conditional ratification, 315 — The ratification, 316 — Its form, 316 — Acquiescence of the opposition, 317 — New Hampshire ratifies before Virginia, 318. CONTENTS. XIII

Chapter I. The Constitution

The American constitution, 321 — Its forerunners, 321 — Its place in the world's history, 322 — Individuality the character of Americans, 323 — Why the English language maintained itself, 323 — The constitution in harmony with individuality, 324 — Freedom of the individual in religion, 325 — Slavery an anomaly, 326 — Tripartite division of the powers of government, 327 — Tri partite division of the power of legislation, 328 — How the constitution is to be amended, 329 — The United States a continental republic, 330 — A federal republic, 331 — With complete powers of government, 331 — Powers of the states not by grace, but of right, 332 — Sovereignty of the law, 333 — Who are the people of the United States, 333 — Their power, 333 — New states to be admitted on equal terms, 334 — Necessity of revolution provided against, 334 — Extending influence of the federal republic, 335 — The philosophy of the people, 335.

Chapter II. The Lingering States

1787 — 1789. The Federalist and its authors, 336 — Hamilton and a revenue tariff, 337 — Unreasonableness of New York, 339 — Organization of the federal republicans, 339 — Clinton recommends the encouragement of manufactures, 340 — New York legislature orders a state convention, 340 — The electors, 340 — The meeting of the convention deferred till June, 340 — Division of parties in New York, 340 — Meeting of the convention, 341 — Livingston opens the debate, 341 — Speeches of Lansing, Smith, and Hamilton, 342 — News from New Hampshire, 342 — Success in New York depends on Virginia, 342 — Hamilton declares his opinions, 343 — Clinton replies, 343 — News received of the ratifi cation by Virginia, 344 — May New York ratify conditionally, 345 — Debate between Smith and Hamilton, 345 — Lansing holds out, 345 — Madison con demns a conditional ratification, 346 — The opposition in New York give way, 347 — But ask for a second federal convention, 347 — Joy of New York city, 347 — Convention of North Carolina, 348 — Is divided by parties, 349 — Amend ments proposed, 349 — The decision postponed, 349 — Conduct of Rhode Island, 350.

Chapter III. The Federal Government Of The United States

Relations of America to Europe, 351 — Encroachments of England in Maine and in the West, 351, 352 — John Adams returns home, 352 — Adams and CONTENTS. XIV Jefferson, 353 — Moderation of the Pennsylvania minority, 353 — Albert Gal latin, 353 — The Virginia assembly demands a second federal convention, 354 — Lee and Grayson elected senators, 354 — Connecticut refuses a second con vention, 355 — And Massachusetts, 355 — And Pennsylvania, 355 — Dilatoriness of congress, 356 — Measures for commencing proceedings under the constitu tion, 356 — Federal elections in New York, 356 — In Virginia, 357 — In South Carolina, 357 — Party divisions, 358 — Debates in congress on protection, 359 — Washington sees danger to the union from the South, 360 — His resolution on leaving Mount Vernon, 360 — His reception at Alexandria, 360 — At Balti more, 361 — In Delaware, 361 — At Philadelphia, 361 — At Trenton, 361 — In New York, 362 — His inauguration, 362 — His address to the two houses, 363 — Public prayers in the church, 363 — Description of Washington, 364 — Ad dress to him from the senate, 364 — From the representatives, 364 — State of Europe at the time, 365 — And of America, 366, 367.

Appendix

. LETTERS AND PAPERS. (For Index to Letters and Papers, see page 497.)

BOOK III. THE FEDERAL CONVENTION.

May-September, 1787. VOL. CHAP. i. 17 87. May.

Chapter I. The Constitution In Outline

14 May to 13 June, 1787. Do nations float darkling down the stream of the ages without hope or consolation, swaying with every wind and ignorant whither they are drifting ? or, is there a superior power of intelligence and love, which is moved by justice and shapes their course ? From the ocean to the American outposts nearest the Mississippi one desire prevailed for a closer connec tion, one belief that the only opportunity for its crea tion was come. Men, who, from their greater attach ment to the states, feared its hazards, neither coveted nor accepted an election to the convention, and in uneasy watchfulness awaited the course of events. Willie Jones of North Carolina, declining to serve, was replaced by Hugh Williamson, who had voted with Jefferson for excluding slavery from the territo ries.

Patrick Henry, Thomas Nelson, and Richard Henry Lee refusing to be delegates, Edmund Ran dolph, then governor of Virginia and himself a delegate to the convention, named to one vacancy James CHAP. I. 1787, May. 14. McClurg, a professor in the college of William and Maiy, whom Madison had urged upon congress for the office of secretary of foreign affairs. No state except New York sent a delegation insensible to the necessity of a vigorous union. Discordant passions were repressed by the solemnity of the moment ; and, as the statesmen who were to create a new constitution, veterans in the war and in the halls of legislation, journeyed for the most part on horseback to their place of meeting, the high-wrought hopes of the nation went along with them. Nor did they deserve the interest of the people of the United States alone ; they felt the ennobling love for their fellow-men, and knew themselves to be forerunners of refomi for the civilized world.

George Washington was met at Chester by public honors. From the Schuylkill the city light horse es corted him into Philadelphia, the bells chiming all the while. His first act was to wait upon Franklin, the president of Pennsylvania. On the fourteenth of May, at the hour appointed for opening the federal convention, Virginia and Penn sylvania, the only states which were sufficiently represented, repaired to the state-house, and, with others as they gathered in, continued to do so,, adjourn ing from day to day. Of deputies, the credentials of Connecticut and Maryland required but one to represent the state; of New York, South Carolina, and Georgia, two; of Massachusetts, New Jersey, Delaware, Virginia, and North Carolina, three ; of Pennsylvania, four. The delay was turned to the best account by James Madison of Virginia.

From IN OUTLINE. CHAP. I. 1787. May 14. 14-24, the completion of the Virginia delegation by the ar rival of George Mason, who came with unselfish zeal to do his part in fulfilling "the expectations and hopes of all the union," they not only attended the general session, but " conferred together by themselves two or three hours every day in order to form a proper correspondence of sentiments." ' As their state had initiated the convention, they held it their duty at its opening to propose a finished plan for consider ation. The choice lay between an amended confederacy and " the new constitution " 2 for which Washington four years before had pleaded Avith the people of every state. " My wish is," so he had -written to Mad ison, " that the convention may adopt no temporizing expedients, but probe the defects of the constitution to the bottom and provide a radical cure, whether agreed to or not.

A conduct of this kind will stamp wisdom and dignity on their proceedings, and hold up a light which sooner or later will have its influence." 3 We know from Randolph himself that before de parting for the convention he was disposed to do no more than amend the confederation ; and his decision was likely to have great weight in the councils of his own commonwealth. When his royalist father, at torney-general of Virginia, took refuge Avith the Eng lish, the son cleaved to his native land. At his own request and the solicitation of Richard Henry Lee, Washington received him as an aid during the siege 1 George Mason to his son, Phila Washington to Lafayette, 5 adelphia, May 20. MS. April, 1783. Sparks, viii. 412. 3 Sparks, ix. 250, March 31, 1787. CHAP. I. 17 87. Mav 14-24. of Boston. In 1776 he took a part in the convention for forming the constitution of Virginia ; and the con vention rewarded his patriotism by electing him at twenty-three years of age attorney-general of Virginia in the place of his father.