Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-17
OUR CONSTITUTIONAL HISTORY.
No. 3.

No. 3.
The next question which will properly
claim ear attention Is the
RATIFICATION OF THE CONSTITUTION BY THE
STATES.
The order in time Of their ratification is l.
Delaware, Dec. Z, 1887; 9. Pennsylvania,
Dec. 12; 3. New Jersey, Dec. Is; 4. Georgia,
Jan. 9, 1888; ) Connecticut. Jan. Q; 6. Mass
achusetts. Jan. 81; Z. Maryland, April 90; 8.
South Carolina, May sa. 9. New Hampshire,
June 81; 10. Virginia, June 26; II. New
York, July &c; II. North Caralina, Nov. 81,
1889; IL. Rhode Island. May ~, 1870. AS
Washington, the first president, WAS inaugu-
rated April, 17s9, 1t will be seen that North
Carolina and Rhode Island did not ratify un-
til the government underline constitution had
been instituted some months. Their condl-
ton during this period was that Of indepen-
dent, foreign states. If the Articles of Con-
federation were still binding upon them, they
were '.The United States Of America" Sr.,
while the new government was 'United
States Of America" Jr.
Some Of the states, either unanimously or
without serious division, ratified the con-
stitution. These we're Delaware, New Jer-
sey. Georgia and Connecticut. In the Mary
10 II against. In the other states there were
long and animated debates, and seriously
divided vote at the conclusion. South Caro-
lina's convention gave 149 for to 13 against;
New Hampshire, 81 to 46; Virginia, 80 to 70;
Massachusetts, 1S7 to 1863; New York gave y
majority of only 3 In its favor, 30 to 81, and
this was probably secured, it is said, by the
affirmative action Of Virginia one month be-
fore. Pennsylvania. after an able, protracted
and warm discussion, gave majority, we do
not know how large. North Carolina and
Rhode Island at first refused and required
more than two years each to agree to ratify
at all. We shall see the special objections to
the constitution hereafter. 1t is -suiti
now to state, in general terms, that the spirit
OF the opposition in all the states was essen
TALLY the same. 1t was this: Too much
power was thought to be given to the general
government, and too little reserved to the
states. The constitution was not sufficiently
federal; it was too national. There WAS no
exception to this, so far as we know, in any
OF the state conventions. No one objected to
the constitution, because it was too federal in
its character, or gave too much power to the
states. This is very interesting, rs showing
the universal prevalence of states right.
views. wholesome jealousy of a strong cen
tral power, and an ardent love of free, ioca
government.
nf fIo afofau Gal liz
These were Delaware, Pennsylvania, New
Jersey, Georgia, Connecticut and Maryland
only six, not enough to make the constitution
binding. Several other states proposed amend
ments, without making them conditions o
their ratification. Massachusetts, New Hamp
shire and North Carolina constitute this class
: just enough with the first six to make tn
constitution binding on themselves. Soutl
Carolina, Virginia, New York aud Rhod
Island coupled with their acts of ratification
certain provisions, which are conditions Q
the ratification itself; and are in law binding
on the general government aud on the othe
3 states, at least so far Us these four state III
concerned.
There were certain objections which wer
made to the constitution in nearly all til
conventions. The first was to Art. I: Sec
4: l, where congress ia given pewer to alte
at any time the times, places, and manner
holding elections for senator's and represen
tatives, except rs to the places Of choosin
senators. The second was to Art. I: Sect. 6
!, giving the right of direct taxation TO tf
general government. The third was to til
absence of bill Of rights. The fourth ":
10 the extent OF power granted to the gener
government. These all show the drift of tt
sentiment opposed to the adoption Of the cor
.titution.
We shall now more particularly eXamil
the amendments proposed by the several ~
flying conventions. Here, first, those mac
as suggestions ami not as conditions of rat
] fcation. There were nine offered by Mas
achusetts. To her belongs the honor of fir
proposing the 10th amendment, nearly as no
adopted; the great constitutional expressio
OF the STATES rights, strict construction do.
g trine. It was thus expressed: "That it e1
plicitly declare that all powers not express
. delegated by the aforesaid constitution Al
reserved to the several states, 10 be by the
exercised" The second wishes a represel
tation for every thirty thousand, until IL
q number reaches two hundred. The thiI
limits the power of congress over elections
cases where the state neglects its duties a
d together or makes improper regulations. I'll
fourth limits direct taxation to occasion
3 when the imports and excuses prove insult
cient, and the states fail to honor requis
ton. The ifth iorbids mercantile CONNIE
iol rolto
). dictment by grand jury. The seventh limi
the jurisdiction OF the supreme court,
cases between citizens of different states,
those involving ut least three thousand dc
lars; and the inferior courts to cases Of II
less than fifteen hundred dollars. The egh
provides for jury trial In civil cases. ~
ninth fOrbids congress to allow an officer
accept amy title from = foreign state. III
first, sixth and eighth OF these are no
amendments to the constitution.
The New Hampshire convention propos
twelve amendments; the first six Of whic
and the eighth and ninth were like those
Massachusetts. The seventh provides IL,
all common law cases between citizens of Il
rerent states shall begin In the state court
and that no appeal shall be allowed to the fe
eral courts, except the sum in cOntrOver
amounts to three thousand dollars. The ten
requires three -fOurths' majority of ca
branch Of congress to keep any standing arr
in time OF peace; and f0rbiis in peace t
quartering OF soldiers in private houses. Il.
eleventh forbids all Interference with reli.
Gus freedom. The twelfth fOrbds the d
- arming Of citizens except for rebellion.
North Carolina recommended six amen
ment.. This state withheld its ratification
he constitution when it was first pa! TO (
vote. Aug. =, 1883. We learn from the pr
ceedings OF its convention that, although N
Davie did not sign the constitution. he II
vocated lis adoption in the state convent,
We have seen Ouly one of the anendmel
proposed by this state. II ~ given bv y
Stephens In "1he Var Leftceen lie Stats.;'
which very able but somewhat sperioils wa
ratification. This one amendment, similar
purpose 10 the first in the two series irea
given, il worthy OF being recorded, aS it
the rim. of the true metal. 1t is in tn,
words :-"Earl state in the Union shall
spectively retain every power, jurisdicti,
and right. which is no! by this cOnstituti
u. delegated to the congress of the United Sta
or 10 the departments OF the general cover
lnent: nor shall the said congress, nor q
department OF the said government, exerr
any act of authority over any individual
any of the said states, but such As can be j