History of the city of New York : its origin, rise, and progress. Vol. II, Part 57

Author: Lamb, Martha J. (Martha Joanna), 1829-1893; Harrison, Burton, Mrs., 1843-1920; Harrison, Burton, Mrs., 1843-1920
Publication date: 1877
Publisher: New York : A.S. Barnes
Number of Pages: 594


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From New Hampshire came John Langdon, subsequently governor of that State, a severely practical republican of social habits and magnetic and pleasing address, the patriot who furnished means to equip Stark's New Hampshire militia in the dark days prior to the victory of Ben- nington, pledging his plate among other valuables for the purpose. From South Carolina came a polished and accomplished delegation : John Rutledge, who, like his brother Edward, had received legal training at the Temple, and was versed in all the intricacies of the English law ; and the two Pinckneys, Charles Cotesworth and Charles- the latter, after- wards governor of South Carolina, a dozen or more years younger than the former-both of whom were educated for the bar, the elder of the two at Westminster, Oxford, and the Temple, and had since passed through every vicissitude of a soldier's life. From Massachusetts came a fine specimen of the old Puritan character, Caleb Strong, born in Northamp- ton thirty years before the breaking out of the Revolution, a student of law, of spotless private character, a statesman of inflexible adherence to principle, who while governor of Massachusetts during the War of 1812 denied the right of the President, upon constitutional grounds, to make requisition upon the State for troops ; he affected no elegance of style, was tall, with a somewhat long visage, his hair but slightly powdered,


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resting loosely upon a high, thoughtful brow, from beneath which eyes of singular beauty beamed with gentleness and kindness. Elbridge Gerry was forty-three, one year the senior of Strong, a master in all questions of commerce and finance, a gentleman small and slight of stature, and of extreme urbanity of manner. Rufus King was also sent by Massachusetts, and his vigorous oratory, and rare combination of personal and intellectual endowments, made him a prominent figure. Rhode Island was not represented. Connecticut sent three of her brightest and best men, William Samuel Johnson, Roger Sherman, and Oliver Ellsworth. Johnson was not only a jurist, but a man of broad intelli- gence, science, and literature. He had resided five years before the war in England as agent of Connecticut, and was on intimate terms with the celebrated Dr. Samuel Johnson, as well as a privileged guest in the culti- vated circle of which that literary colossus was the acknowledged chief. Sherman, according to Jefferson, "never said a foolish thing in his life." He was forty-six, tall, erect, well-proportioned, of fair complexion and manly bearing, habitually calm, grave, self-poised, and possessed of much practical wisdom, and a knowledge of human nature that seemed intui- tive. He was really one of the most remarkable men present. He was the son of a New England farmer, obtained the rudiments of education in a common school, and worked at the shoemaker's trade, with his books around him, while preparing himself for the stern realities of a useful life. He hardly ever had known an idle hour. He had already been, for some years, a judge of the highest court in Connecticut. Ellsworth was also a lawyer, and afterwards chief justice. He was forty-two, an inde- pendent thinker and an eloquent speaker, an unassuming, consistent republican, who combined all the charms of good-breeding with the ex- cellences of the Christian gentleman.


Georgia and North Carolina were not behind the other States in con- tributing merit to this august body. Georgia's most notable delegate was a son of her adoption, Abraham Baldwin, a young Connecticut lawyer of thirty-three, a graduate of Yale, the brother-in-law of Joel Barlow, who at the request of General Greene removed to Savannah in 1784. North Carolina sent William Richardson Davie, by birth an Englishman, a graduate from Princeton, and commissary-general of the Southern army under Greene. He was but thirty-one, remarkably handsome, of commanding physique, voice of peculiar melody, and an accomplished orator. He was subsequently governor of North Carolina. Hugh Wil- liamson · was fifty, and his reputation for integrity such that no one dared to approach him with flattery or falsehood. He was a thorough scholar in divinity, excelled in mathematics, had studied medicine at


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Edinburgh and Utrecht, and was a writer upon a great variety of abstruse topics. Virginia's delegation was renowned. The central figure was Washington. George Wythe, Chancellor of Virginia for more than twenty years, was sixty-one, and as exceptionally wise and pure-minded as he was venerable. He, like Sherman, was the son of a farmer, al- though educated chiefly by his mother, a remarkable classical scholar ; but he had taught himself Greek, and become thoroughly learned in jurisprudence. His pupil, James Madison, of whom Virginia was justly proud, stood by his side, a fair-faced man of thirty-seven. Maryland, Delaware, and Pennsylvania together supplied eighteen delegates. Luther Martin, of Maryland, was a lawyer of commanding intellect, afterwards the personal and political friend of Aaron Burr, whose acquittal he was instrumental in procuring when tried for treason in 1807; one of his colleagues, John Francis Mercer, afterwards governor of Maryland, had been a soldier and a citizen of deserved distinction in his own State ; John Dickinson, son of Judge Samuel Dickinson, had just reached his fifty-fifth year, a man of elegant learning and fine conversational powers, who, trained in law at the Temple, had displayed unusual gifts, not only at the bar, but in legislation and authorship. George Clymer, of Penn- sylvania, was forty-eight, of medium size, fair complexion, and features radiant with intelligence and benevolence ; he rarely made a speech, through extreme diffidence, but wrote with exceeding care and accuracy, and his opinions were always received with marked respect ; it is said that he was never heard to speak ill of the absent or known to break a promise, and was always on the alert to promote every scheme for the im- provement of the country in science, agriculture, polite learning, the fine arts, or objects of mere utility. James Wilson, born in Scotland, had studied successively at Glasgow, St. Andrews, and Edinburgh, and finally completed his legal education in the office of John Dickinson, of Dela- ware, who was ten years his senior. He was a clear, sagacious, forcible political writer, and a statesman of high order. The soldier, Thomas Mifflin, was one of the immortal company ; also Jared Ingersoll, whose father, Jared Ingersoll, was the stamp-master of Connecticut, captured and conducted to Hartford in 1765, and forced by the indignant people to resign his office, as related in a former chapter. The son went to Lon- don and studied law five years in the Middle Temple, and then returned to reside in Philadelphia, where he became a prominent jurist, holding many offices of trust in the courts and councils of the country.


There was scarcely a man in the Convention who was not a specimen of strong individuality, of commanding will, of manly statesmanship, and of gentlemanly culture ; and nearly all had acquired political wisdom and


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THE FEDERAL PRINCIPLE.


achieved eminence in some field of public service. It was a body of earnest thinkers, to whom had been confided in a larger degree than ever to any other body of men the destinies of nations. It organized with Washington as its presiding officer, bound itself to secrecy, and proceeded to its work with closed doors; it was soon found impossible to amend the existing Articles of Confederation, and various were the resolutions submitted as the basis of a new constitution. Franklin opposed every proposition that tended towards an arbitrary government. He thought the chief magistrate should have no salary and little power, and that the government should be a simple contrivance for executing the will of the people. He said that ambition and avarice, the love of power and the love of money, were the two passions that most influenced the affairs of men, and argued that the struggle for posts of honor which were at the same time places of profit would perpetually divide the nation and distract its councils ; and that the men who would thrust themselves into the arena of contention for preferment would not be the wise and moder- ate, those fitted for high trusts, but the bold, the selfish, and the violent, and that in the bustle of cabal, and the mutual abuse of parties, the best of characters would be torn in pieces.


Hamilton went to the other extreme. He did not favor a monarchy, but he was for having a perpetual senate and a perpetual governor. His peculiarly constructive ideas were toned, however, by a chivalrous gener- osity, and an unerring perception of the practicable and the expedient. The work before the Convention was of a nature to develop, to the fullest extent, the most conflicting opinions and the most opposite theories. No subject in the whole range of human thought and human endeavor could be more complex. The prevailing fear of a close corporation with des- potic powers, obstructed the development of the great Federal principle which Hamilton had long cherished, and first defined in the midst of the gloom and uncertainty of the civil contest - a principle which acknowl- edged the inalienable right of the individual state to control absolutely its own domestic and internal affairs, because better able to do it intelli- gently than any outside power, but which also recognized the desirability and necessity of a central government, that should settle and determine national questions. To embody such a scheme, with all its delicate


details, in a written document, required serious, searching, conscientious, and discriminating examination and deliberation. No aid of special significance could be gleaned from history, as the world had then seen little of real liberty united with personal safety and public security.


And this novel undertaking, unknown to the science of politics, was to be tried in a new land, under new social conditions, and it is no matter of wonder that it should have been regarded as a prodigious experiment.


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All summer the toil went on. In the early part of July Hamilton's associate New York delegates, Yates and Lansing, returned home, because they thought the Convention was transcending its powers. Hamilton, left alone to represent the great Empire State, brought his marvelous gifts and best energies to the task. He had less direct agency than some others in framing the chief provisions of the Constitution, but he was the main engineer of the structure. Never untimely obtrusive with his clear-cut opinions, or hesitant when discussion was appropriate, he brought his profound knowledge of the practical workings of all the political systems of the world into grand review, and with deferential, courteous, and yet authoritative air, and singularly fascinating manners, commanded the ear of the Convention whenever he lifted his voice.


The facts and philosophy of the situation invest the slight figure which towered so high in the midst of the assembled greatness with new light and life. Hamilton's bright, vivacious countenance illumined every dark point of the troublesome and often misfitting framework. He was essentially the guide of the builders. Curtis says he evinced "a more remarkable maturity than has ever been exhibited by any other person, at so early an age, in the same department of thought "; and, furthermore, that Hamilton "proved himself to be a statesman of greater talent and power than the celebrated Pitt, two years his junior, who became Prime Minister of England at the age of twenty-four; for none can doubt, that to build up a free and firm State out of a condition of political chaos, and to give it a government capable of developing the resources of its soil and people, and of insuring to it prosperity, power, and permanence, is a greater work than to administer with energy and success - even in periods of severe trial-the constitution of an empire whose principles and modes of action have been settled for centuries." Hamilton was the youngest man in this remarkable body, which for moral completeness of character and breadth of intellectual vision never has been excelled in this or any other country ; and he stood opposed to Franklin, the oldest man present - upwards of fifty years his senior - whose fame filled the eastern as well as the western hemisphere.


But although Franklin occasionally pushed his peculiar fancies to the utmost verge of truth through excess of worldly wisdom, he rose grandly above all fanaticism or intolerance, and his prudent influence was one of the great elements that ruled the hour. The next day after Hamilton was deserted by his New York colleagues, Franklin delivered a speech in which he attributed the " small progress made in four or five weeks' con- tinual reasoning with each other without results, to the melancholy imperfection of the human understanding," and urgently recommended that the sessions be opened every morning with prayer.


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Washington's serene and commanding presence was of vital conse- quence at this important crisis of human affairs - without which Hamil- ton's extraordinary forecast and luminous discussions would have availed little. Madison's accurate and clear logic and Rufus King's brilliant efforts were also of the first importance. Madison, in addition to his manifold duties during the session, preserved a full and careful record of the discussions with his own hand; King was the author of a prohibition of the States to pass laws affecting the obligations of contracts, which was incorporated in the phraseology of the instrument on the 14th of September. The ardent and impulsive Gouver- neur Morris, with flash- ing eloquence, discarded all narrow notions for the welfare of the whole continent, and contrib- uted largely towards attaining the objects of the Convention. Sev- eral of the statesmen, in a spirit of comprehen- sive magnanimity, yield- ed points, for the general good, which they had held with great tenacity. Hamilton himself, with rare felicity of temper- ament, accepted in the end certain features NEBE which he thought de- fective, believing it to Gouverneur Morris. [From a painting by Ames, in possession of the New York Historical Society.] [Presented by Stephen van Rensselaer, in 1817.] be the best government that the wisdom of the Convention could frame, and the best that the nation would adopt.


A committee was appointed on the 8th of September, consisting of Hamilton, Madison, William Samuel Johnson, Rufus King, and Gouverneur Morris, to revise the style and arrange the articles of Sept. 8. the draft of a constitution, which had been under debate since the early part of August, and at last substantially agreed upon by its framers. This finishing work was delegated to Gouverneur Morris, whose facile pen and fine literary taste clothed the instrument in clear, simple, and expressive


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language, giving to the substance its admirable order and symmetry, and to the text its distinguishing elegance.


The revised draft having been reported and engrossed, it was duly signed by a majority of the members, and submitted to the States Sept. 17. for ratification ; after which the Convention adjourned.


When Hamilton returned home, he found that the anti-Federalists as a whole, and a large proportion of his own constituents, accredited him with having perpetrated the worst of mischiefs in signing the Constitu- tion in behalf of New York. "You were not authorized by the State," said Governor Clinton. "You will find yourself, I fear, in a hornet's nest," said Chief Justice Richard Morris. Washington's official letter Sept. 28. reached Congress on the 28th, containing a draft of the Constitu- tion, which, in accordance with a unanimous resolution of that body, was transmitted to the several State legislatures, in order to be submitted for approval to a Convention to be called in each State for the purpose - the assent of nine of the thirteen States being required for its ratification. The publication of the instrument in New York opened a spirited and violent contest. Not only the city but the whole State was in a ferment. It was not possible for the same principle of concession and mutual forbearance, and the same breadth of understanding, to pre- vail among the masses as among their enlightened representatives in the Convention. All manner of prejudices were awakened, State pride, State interests, and State jealousies were aroused, suspicions and terrors were created, and hostile legions sincerely believed that the terrible Constitu- tion would be the grave of American liberty.


From Georgia to New Hampshire a formidable proportion of the peo- ple rallied with great enthusiasm and vigor for the defense of State rights. The new Constitution proposed a voluntary surrender of political power from one class of men to another. It had been constructed by a Con- vention authorized solely to amend the old system. Brilliant orators in every State along the whole Atlantic seaboard predicted arbitrary despot- ism, and called attention to the fact that the Convention had exceeded its powers. As a natural consequence, inflammatory resentment spread with fearful rapidity. The eloquent Patrick Henry lent all his persua- sive gifts to the great work of preventing the adoption of the Constitu- tion. He said : " When I come to examine its features, they appear to me horribly frightful. Among other deformities, it has an awful squinting ; it squints towards monarchy ; and does not this raise indignation in the breast of every true American ? Your president may easily become king. Your senate is so imperfectly constructed, that your dearest rights may be sacrificed. Where are your checks in this government ?"


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In New York the anti-Federalists, calling themselves Federal Repub- licans, organized for determined opposition. A society, formed in the city, of which General John Lamb was chairman, and his son-in-law, Charles Tillinghast, secretary, opened a correspondence with the chief men holding similar views in other States, to concert measures to prevent the adoption of the Constitution. On the other hand, Hamilton com- menced writing a series of essays, which, published in the New York newspapers, were copied far and wide into nearly all the journals of America. He addressed himself to the reason and good sense of the people at large, explaining his position and clearly elucidating his prin- ciples of public policy. Associated with him in this educating process were Secretary Jay and James Madison. In simple, forcible diction they pointed out the advantages of an energetic government, and gradu- ally overcame the ill-grounded apprehensions of the multitude. They had faith in the intelligence and honesty of the community whenever it should attain to a better knowledge of the ample provisions for the main- tenance of the rights and interests of all classes of citizens and State organizations, made by the instrument under consideration. These papers commanded careful attention, and carried conviction to the great body of thinking men in all parts of the country ; they were published in two small volumes during the year 1788, entitled The Federalist, the first 1788. volume being issued before the final essays were written, the second following as soon as the series was completed. This work is preserved, and justly prized as an exhaustive reply to the many objec- tions raised against the Constitution, and as the most important source of contemporaneous interpretation which the annals of America afford.


In the conventions called by the States the best talent was engaged, and opposing views were advocated with a fullness, force, and earnestness never surpassed on any occasion in American history. The parties were so evenly balanced, in some instances, that it was impossible to conjecture what would be the fate of the Constitution; and the small majorities show how reluctantly the new government was accepted. Debts and outside dangers moved several of the States to prompt action. An excit- ing month was spent in debate by the Convention of Massachusetts. " The State government," said Fisher Ames, " is a beautiful struc- ture, but it is situated on the naked beach. What security has it Jan.


against foreign enemies ? Can we protect our fisheries or secure by treaties a sale for the produce of our lands in foreign markets ?" The eminent men of Virginia were not assembled in convention until June. Patrick Henry wrote on the 9th to General Lamb, "I am satisfied four fifths of our inhabitants are opposed to the new scheme of government,


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and yet, strange as it may seem, the numbers in convention appear equal on both sides ; the friends and seekers of power have, with their usual subtilty, wriggled themselves into the choice of the people by assuming shapes as various as the faces of the men they address on such occasions." The brilliant Virginian resisted the Constitution to the last. When likely to be overpowered he expressed his sentiments in manly terms : " I will be a peaceable citizen ! My head, my hand, my heart, shall be at liberty to retrieve the loss of liberty and remove the defects of the sys- tem in a constitutional way."


Meanwhile New York was agitated from centre to circumference with acrimonious disputation. The two parties vilified each other in pamphlets, in the newspapers, in conversation on the streets, and in social and busi- ness circles. Hamilton, meeting General Lamb one morning, expostulated with him upon the folly of his fears respecting "the abuse of power," saying, "It is a matter of certainty that Washington will be the first President." Admitting that unlimited power might safely be trusted to that great man, Lamb added that he knew of no other mortal to whom he would be willing to confide the enormous authority granted by the Constitution, and that not even the influence of a name so illustrious could shake his opposition to the dangerous instrument. But when nine States had signified their approval and the government was sure to go into operation, it was plain that New York must do one of two things - unite with the others or secede. A resolution for the call of a State Convention, offered by Egbert Benson in January, passed both branches of the legislature after some delay, and the delegates were accordingly elected. The capi- tal was represented by Hamilton, Secretary Jay, Chancellor Livingston, Chief Justice Richard Morris, and Mayor Duane. The delegation from Albany were anti-Federalists. The members altogether numbered sixty- seven, embracing a very large proportion of the men of talent and promi- nence then on the political stage, of whom a decided majority were opposed to the Constitution. This New York Convention assem- June 17. bled at Poughkeepsie on the 17th of June, and organized with Governor George Clinton President.


Chancellor Livingston opened the discussion on the 19th, pointing out the absolute necessity of the Union to New York, especially on account of her peculiar local situation and the consequent confusion of her com- mercial relations, and in the most eloquent terms urged the magnitude and importance of the question at issue, and the duty of the gentlemen to divest themselves of every preconceived prejudice in order to deliberate with coolness, moderation, and candor. The anti-Federalists argued that New York would, in accepting the Constitution, sacrifice too much polit-


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ical consequence and too great a proportion of the natural advantages accruing from her commanding geographical position.


July came, and still the various clauses of the Constitution were hotly discussed. News from Virginia on the 3d saddened the opposi- tion. In Albany the Federalists were jubilant, and celebrated the July 3. event by a procession conducted with much pomp and ceremony. The anti-Federalists, angered by the display, gathered themselves together, and after listening to inflammatory speeches burned the Constitution in the faces of their foes. Both parties then attempted to march through the same street, and a serious scrimmage ensued in which several persons were wounded. The news of the accession of New Hampshire followed swiftly that of Virginia. The Convention was in the very depths of troubled waters. Jay's continuity of mental effort and aptitude for har- monizing differences and smoothing down rough places were of the utmost use in the emergency. But the most remarkable speech of the session was that of Hamilton, when the delegates assembled for the final vote. He addressed them for three hours, bringing forward every argument, and dwelling with matchless skill upon the miseries that must ensue if the Constitution was rejected. Some of his audience were melted into tears ; Kent, who was present, said "he never could have believed the power of man equal to so much eloquence." Gilbert Livingston, one of the opposition, rose, and solemnly remarked " that there was much truth in Mr. Hamilton's words." The sagacious Clinton at the last was be- lieved to have privately advised Melancthon Smith to vote with the Fed- eralists. The momentous decision took place on Thursday, the 26th of July, New York adopting the Constitution by a majority July 26. of three - with the recommendation of several proposed amendments. Thus turned the pivot in the history of the English-speaking race.




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