USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. II > Part 26
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His progress to New York was one triumph. The City Hall had been new modelled by Major Lenfant, for the reception of the first congress under the new constitution. His reception at New York was that of a friend, and conqueror. " 'The display of boats," he says, in his private journal, " which attended and joined on this occasion, some with vocal and others with instrumental musick on board, the decorations of the ships, the roar of cannon, and the loud acclamations of the people, which rent the skies as I passed along the wharves, filled my mind with sensations as painful (con- templating the reverse of this scene, which may be the case, after all my labours to do good,) as they were pleasing."* What a con- trast is this to the words of Armstrong, in a letter addressed to Gates, dated April 7, 1789, in which, after alluding to the election of Washington and Adams, he says : " All the world here and else- where, are busy in collecting flowers and sweets of every kind, to amaze and delight him, in his approach and at his arrival ; and even Roger Sherman has set his head at work to devise some style of address more novet and dignified than 'excellency.' Yet, in the
" Marshall's Washington, (2d ed. ) Vol. II, pp. 138-139.
t Ibid. p. 142.
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midst of all this admiration, there are scepticks who doubt its pro- priety, and wits who amuse themselves with its extravagance. The first will grumble, and the last will laugh, and the President should be prepared to meet the attacks of both with firmness and good nature. A caricature has already appeared, called ' The Entry,' full of very disloyal and profane allusions. It represents the Gene- ral mounted on an ass, and in the arms of his mulatto man, Billy, -Humphreys leading the jack, and chaunting hosannas and birth- day odes. The following couplet makes the motto of this device :
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. 'The glorious time has come to pass, When David shall conduct an ass.'
I mention this circumstance only to illustrate my position, that wit spares nothing-neither Washington nor God-and that the former, like the latter, will have something to suffer, and much to forgive."*
On the 22d of April, the common council of New York passed the following resolution : " Whereas, this board have reason to be- lieve that a very great proportion of the citizens are earnestly desi- rous to illuminate their houses on the evening of the arrival of the President of the United States, as a testimony of their joy on that interesting event, and that preparations are already made for that purpose ; it is therefore recommended to the citizens to illuminate their houses from the hour of seven to nine, in full confidence that every act of violence and disorder will be avoided, and the utmost attention paid to guard against accidents by fire ; and it is hereby required of the constables and marshals to exert the utmost vigi- lance in the preservation of peace and good order, and that all good citizens will be aiding therein : and it is further recommended, that the bells of all the churches and other public buildings commence ringing, on the president's landing, and continue for half an hour." And £16 were ordered to General Malcolm to provide gunpowder for the militia on the president's arrival.
On the 27th of April, an address was read in the board, prepared by the mayor, Mr. James Duane, at the request of the corporation, to be presented to the new president. They offer their affec- tionate congratulations on his arrival. They express their high veneration of his character-exalted sense of his services-convic- tion that the greatest trust a free people can confer, has been com- mitted to one qualified for its discharge. They compliment him
* Gates' Papers in Library of N. Y. Hist. Soc. In another letter of Armstrong's to Gates, of October 4, same year, he says: " The appointments are pretty well thought of in general. Jay, Jefferson, and Hamilton, are all very able men, and promise as much as any men could do for the honour, consistency, and firmness of the government. I am glad that he has got into such good hands ; for else he must have remained in those of Knox and Humphreys."
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on the recollection of former services, and especially on his retreat from the head of a victorious army to the shades of private life- they express their pious gratitude for those circumstances which have constrained him by motives of patriotism to re-engage in the arduous duties of a public station -- they rejoice to be placed under the protection of one they have long revered as the father of his country ; and consider the unanimity which prevailed in his elec- tion as a presage of the stability of the government-anticipating blessings to the country in peace, under his auspices, as it had been triumphant in war, etc. A committee was appointed to wait upon the president to know when he would receive the address.
On May the 13th, the President of the United States answered to the address. He expresses gratitude and satisfaction therewith -diffidence of his abilities-thankfulness to Heaven that he has been the instrument of service to his country-claims no merit in retiring fiom the army, but is happy his motives have been duly appreciated-fears the partiality of his country induces them to expect too much from him, but hopes success from the unanimity apparent.
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CHAPTER XVI.
Treaty of peace-Events intermediate between the peace and adoption of Federal Constitution-Settlement of boundaries of New York- Population of the state -- Shay's rebellion in Massachusetts-Con- vention to form Constitution-Motives for it and its origin-Con- stitution of the United States and its construction-Parties for and against it-Doctor's mob-Convention to consider adoption of Con- . stitution-Proceedings and debates in convention-Constitution adopted-Conclusion.
THE events during the period intervening between the conclu- sion of peace with Great Britain, in 17S3, and the adoption of the Federal Constitution by the state of New York, have only been cur- sorily alluded to in the preceding chapter. Something more minute and in' detail as to this important epoch in our civil and political history seems to be required, ere we can arrive at the completion of our labours.
1783
On the 10th of April, the treaty of peace as respected the preliminary articles, was published. The American commis- sioners were, John Adams, Benjamin Franklin, John Jay, and Henry Laurens, as before stated. It was agreed by England to acknowledge the former colonies to be free, sovereign, and independent states ; the relinquishing all claims, and agreeing to the boundaries from the north-west angle of Nova Scotia, formed by a line drawn due north from the source of St. Croix River, to the Highlands ; along the said Highlands (which divide the rivers falling into the St. Lawrence from those falling into the Atlantic) to the north-westernmost head of Connecticut River ; thence down along the middle of the river to the 45th degree of north latitude : thence by a line drawn due west on said latitude to the river Iroquois or Cataraquy ; thence along the mid- dle of said river into Lake Ontario and through the middle thereof and the middle of Niagara straits and Lake Erie, and the waters dividing Erie from Huron, and the middle of Huron and Supe- riour northward of the Isles Royal and Philipeaux to Long Lake, and through the middle of Long Lake and Lake of the Woods to the north-western point thereof ; thence due west to the Mississippi River and through the middle of that river until it shall intersect
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the northernmost part of the 31st degree of north latitude, south by a line due east from the determination of the last mentioned to the middle of the river Apalachicola or Catahouche, through the middle thereof to.its junction with Flint River ; thence straight to St. Mary's River, and through the middle thereof to the Atlantick. East by a line drawn along the middle of St. Croix River from its mouth in the Bay of Fundy to its source, and from its source directly north to said Highlands, dividing the waters falling into the St. Lawrence from those falling into the Atlantick, as aforesaid : with all islands within twenty leagues of any part of the shore of the United States, lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part and East Florida on the other shall respectively touch the Bay of Fundy and the Atlantick Ocean. Excepting such islands as now are or heretofore have been within the limits of Nova Scotia. The right to take fish on the Grand Banks and other banks of Newfoundland and the Gulf of St. Lawrence and the Sea is conceded ; and on the coast of Newfoundland and in all bays, harbours, etc., of the dominions of England in America, and to dry and cure fish on the unsettled parts of said coast. Creditors on either part are secured. Congress shall recommend to the respec- tive states to restore confiscated estates, and to respect the rights of persons who have resided in districts possessed by the English armies, and have not borne arms against the United States, and all others shall have liberty to go to and fro and remain unmolested twelve months. No further confiscations to be made. Perpetual peace is stipulated ; the liberation of prisoners ; and evacuation of ull places, and forts to be restored by the English, and all records, deeds, and papers. The navigation of the River Mississippi to be free to subjects of both parties. Any places conquered by either party before the arrival of these articles in America to be restored. . Signed by Richard Oswald for Great Britain, and for the United States by those above named.
Sir Guy Carleton insisted that it was not meant by England to restore negroes to their, former owners, who had joined the British under promise of freedom.
At 12 o'clock of the 19th of April, the day that terminated the eighth year of the war, the cessation of hostilities was proclaimed in the army by order of General Washington.
In July, Congress met at Princeton, New Jersey. General Washington went as far north as Crown Point, and on his return took up his residence at Rocky Hill, to be near congress-where, in September, I had the honour and pleasure of attempting to paint · his portrait in crayons, when I was seventeen years and eight months of age, and of frequenting his residence at breakfast and dinner and all hours for some weeks. On the second of November, General
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SETTLEMENT OF BOUNDARIES OF NEW YORK.
Washington issued his farewell orders to the armies of the United States from head-quarters, Rocky Hill. He resided in the family mansion of the late Mr. Berrien.
Sir Guy ,Carleton received his orders to evacuate New York in August, and communicated them to Congress. Some fears were apprehended of violence towards the tories, and threats appeared. However, Sir Guy appointed the 25th of November for the day of evacuation .*
1786 In this year, Rittenhouse was engaged in defining and and settling the division line between the states of New York and Pennsylvania-a line designated by the 43d parallel of latitude. He likewise determined the demarkation of a territory, the right of the soil in which the state of Massachusetts had ac- cepted in lieu of a contested claim, both to the land and the juris- diction of a large part of the state of New York. This latter duty was assigned to him by congress, who found it necessary to inter- fere in the dispute. . The original grant by which Massachusetts claimed, was only limited by the Pacifick Ocean. The occupation . of both banks of the Hudson by the Dutch when New Netherland was ceded to England by the treaty of Breda, and subsequent events, vested this territory in the province of New York, and of course in the state of New York after the revolution; but Massachusetts claimed that the cession could only affect such parts of New York as were actually settled at the time of the treaty, and that the whole of the territory west of them reverted to the holders of the prior grant. She however finally agreed to accept in lieu of this claim, the property of a territory divided from the rest of the state of New York by a meridian line drawn northward from a point in the nor- thern boundary of Pennsylvania, distant eighty-two miles from the Delaware River. The determinations necessary to set off this territory (out of which certain reservations were made) were made by Rittenhouse, and were the last in which he was engaged.
In this year, the population of the city of New York was 23,614. That of Long Island, 30,863. That of the state of New York, 233,896. Long Island being equal to one-seventh of the state.
The necessity for a government of more power, and an union of the states different from that which had barely sufficed to carry them through the war with Britain, was seen among other afilicting cir- cumstances, by the agitations of the New England states, and par- ticularly Massachusetts. Men met in conventions and in more tumultuous assemblies, and opposed the law, the judges, and courts
* For STATE of the Union at the beginning of 1783, and the CAUSES, see 2d vol. Marshall's Washington. 2d edit. p. 75. Washington's Letter to the governours of the several states, p. 80. For revenue system and conduct of New York, see pp. 91,02.
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of judicature. The friends of the country mourned or were astonished at the licentiousness evinced by the young, the thought- less, the idle, among the people. , Congress saw. the necessity of increasing the United States army, if so few might be so called, and raised 2,500. General Knox then secretary at war, was sent to Springfield. Greene, much lamented, died this year in Georgia. Some of the malcontents in Massachusetts avowed a wish for an union with Great Britain ; and it was thought that Vermont was negotiating with Canada. The wise and virtuous said, " Let us have a government by which our lives, liberties, and properties may be secured." "New York," says Marshall, " had given her final reto to the impost system." The confederation was expiring "from . mere debility."
17S7 Congress were relieved from the embarrassment they were in respecting the call of a convention, by a vote of the state of New York, " which passed in the senate by only one voice," instructing its delegates to move a resolution recommending to the several states to appoint deputies to meet in convention for the pur- pose of revising and proposing amendments to the Federal consti- tution ; and upon the 21st of February, the day succeeding the instructions given by New York on the subject, congress declared it to be expedient that on the second Monday of May then next, a convention of delegates appointed by the states be held at Phila- delphia.
During the preceding winter the insurgents in Massachusetts had assembled in arms and endeavoured to gain possession of the arsenal at Springfield, and were repulsed by a party guarding it, and some lives were lost. The troops of the Union, and the militia called out, were commanded by General Lincoln, and by vigorous measures he succeeded in quelling what has descended to us as " Shay s Re- bellion," from the name of the insurgent leader. This unpro- voked rebellion made men more anxious for the formation of a government adequate to their protection.
The pressure from without being withdrawn by the peace of 1753, the ebullitions within daily increased, and the confederacy which had gained a triumph over injustice, and still had the semblance of binding the states, was in danger of bursting asunder and scattering in ruins the precious germ of republicanism, to which the philan- thropists of Europe looked with hope. The foes of America saw with pleasure the convulsive throes of the fabrick they hated. The wise patriots of the United States had long called for a union more powerful than had sufficed for a state of war. At length Virginia in 1756, called upon the states for a national convention, to regu- late commerce with foreign nations. The proposal was gladly received by five of the states, whose delegates, as we have seen,
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CONVENTION TO FORM CONSTITUTION.
met at Annapolis, in September of the same year. This small con- vention only concurred in the necessity of a strong application to congress, for a general meeting of delegates from all the states, to devise such provisions as would render the federal government ade- quate to the exigences of a great people.
17S7 Congress felt the necessity. A general convention was recommended, and all the states appointed delegates, ex- cept Rhode Island. It was an awful crisis in the history of self government, when they met for deliberation at Philadelphia, in May.
The convention assembled at Philadelphia, on the second Mon- day of May in this year. The following is a list of such of the members as ultimately signed the constitution. .
- New Hampshire .- John Langdon and Nicholas Gilman.
Massachusetts .- Nathaniel Gorham, Rufus King.
Connecticut .- William Samuel Johnson, Roger Sherman.
New York .- Alexander Hamilton.
New Jersey .- William Livingston, David Brearley, William Patterson, Jonathan Dayton.
Pennsylvania .- Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Ingersoll, James Wilson, Governeur Morris.
Delaware .- George Read, Gunning Bedford, jun., John Dick- inson, Jacob Broom.
Maryland .- James McHenry, Daniel of St. Tho., Jennifer, Daniel Carroll.
Virginia .- George Washington, John Blair, James Madison, jun.
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N. Carolina .- William Blount, Richard Dobbs Spaight, Hugh Williamson.
S. Carolina .- John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. .
Georgia .- William Few, Abraham Baldwin.
Rhode Island made no appointment ; and of three appointed by New York, Robert Yates and John Lansing did not sign. The delegates from Pennsylvania, Delaware, and South Carolina, all signed ; not so from the other states.
It may be further remarked of this convention, that George Washington was unanimously chosen to preside ; that in the plan of constitution laid before them by Charles Cotesworth Pinckney, the coining money, and issuing bills of credit, was denied to any indivi- dual state, and nothing but gold, silver, and copper, could be made a tender for debts ; and that Alexander Hamilton, in a paper read by him to the convention, advocated as the supreme executive autho- . rity of the United States, a governour for life, or good behaviour, and a senate, elected by electors, chosen by the people, and like- .
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ORGANIZATION OF FEDERAL GOVERNMENT.
wise for life, or good behaviour. This plan of Hamilton, is not noticed in the journals. It was not offered by him for discussion, but was read by him as part of a speech, observing, that he did not mean it as a proposition, but only to give a more correct view of his ideas.
The states saw the importance of this convention, at least, so far, that on it depended every blessing which was to flow from the previous suffering, and resistance to British aggres- sion. They sent their best and wisest men as delegates to the im- portant meeting. When the people saw to whom the framing of a government was entrusted, they felt confidence, and looked with reliance to the result. They were not disappointed.
The deliberation of the convention continued some months. At length a plan was promulgated, which now forms the government of the United States, and has for the last half century, given to the people, an unexampled state of happiness, and an advancement in all the arts of civilization, equal, if not superiour, to any thing which has heretofore been. developed.
The plan formed by this great convention, was directed to be submitted to conventions of delegates chosen by the people at large, of each state. The consent of the people, the only true foundation of government, was to be the basis on which the fabrick of our con- stitution was to rest. The best and wisest of each state, were, we must presume, selected to scrutinize and discuss every proposition laid before them by this general convention. Conflicting views and interests, caused long deliberation within the walls of each state convention ; and private debate, with individual opinion, caused the presses of the union to submit a variety of views on the sub- ject. Near a year elapsed before the plan was agreed to by the number of states, required by its provisions to render it a con- federation, and a legal constitution for future government. Nine states of the original thirteen were requisite ; and Massachusetts was the ninth that assented. Virginia and New York, had not yet determined ; but very soon followed the example. The 1789 Federal government was organized, and on the 4th of
March, 1789, the man of the people was inaugurated as the first president of the United States, in front of the City Hall, Wall street, New York ; and in the presence of the people convened to behold the simple dignity of the ceremony, who, (as the building faced on Broad street, open to view for half a mile, and the oath was administered in the balcony of the building,) witnessed a dele- gation of power given to one inan, far transcending the power of an English monarch, but without a genuflection or mark of servility, without any of that degrading pomp, or blasphemous profession, which is thought necessary on similar European ceremonies, to awe, or please, or mislead the multitude. The man was invested
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CONSTITUTION OF THE UNITED STATES.
with kingly power, for the acknowledged purpose of serving his fellow citizens : he was to hold that power. for the limited terin of four years : he was responsible to those who elected him for his conduct : and he, in their presence, swore to maintain the consti- 1 tution they had chosen for their own and his government.
North Carolina and Rhode Island, withheld their assent to the plan of the convention for some time ; but in the month of June, 1790, the constitution had received the unanimous ratification of the people of every state. A complete revolution of the most mo- mentous nature took place, without riot, tumult, or hostile move- ment of any description, but on the contrary, with every demonstra- tion of joy and perfect amity. It was a revolution, which is a source of pride in the contemplation, as great as it is of felicity in the progress.
I will now briefly consider the structure of the government which included New York, in its beneficent circle of influence ; and then detail the proceedings of the state convention, which discussed its provisions, and finally adopted them.
The power of making laws for the union, is by the constitution entrusted to congress : and the separation between that and the other branches of the government, required and received very marked distinction. The legislative power resides in one branch, the executive in another, and the judicial in a third. The one hap- pily balancing the other, and preserving harmonious movement in the whole-machine. The constitution not only provides for this harmony, but defines the general powers and duties of each of those departments .*
The constituent powers of congress for legislation are granted to a senate and house of representatives. The division into two separate houses was dictated by the experience of our English an- cestors, and has been happily confirmed as a most wise and efficient provision of our own, by our own experience. The object of a separa- tion of the legislature into two parts, with co-ordinate powers, destroys most of the evils arising from sudden and violent excitement ;- " passion, caprice, prejudice, personal influence and party intrigue," which influence single assemblies, in a measure lose their effect when a rival body has the right to reconsider their dictates, and remedy the evils they would otherwise have inflicted.
As the states are each (under constitutional restraints,) a sove- reign, the senate is composed of an equal number of representatives from each without reference to population. Thus each confederated
* See Kent's Comm., Vol. I. I have in the following pages borrowed largely and freely from the learned commentator on American Law.
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CONSTITUTION OF THE UNITED STATES.
sovereign state has an equal voice in the upper house of congress : each state sending two delegates. By the law of nations, every in- dependent community is equal. During the half century that the senate has watched over the liberties of America, it has increased with the growth of the country from twenty-six members to fifty-two, representing twenty-six sovereignties instead of the original thirteen. The senators by the constitution are to be chosen by the legisla- tures of the several states, who are to prescribe the times, manner, and place of elections. In New York, it has been settled that they shall be chosen by joint vote or ballot of the two houses of her legislature, in case they cannot seperately concur in a choice. A more mature age is required as a qualification for a senator than that required for the lower house; and it is presumed that he will entertain more enlarged views of public policy, will feel a higher sense of national character, and a greater regard for sta- bility in the administration of the government than the more nume- rous assembly of younger statesmen, who come more immediately from the people, and hold their seats for a shorter time.
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