The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-01-02
The Constitution: Ratification
BY TALCOTT POWELL

more populUus states. Maryland was in nearly
the same situation. South Carolina, assured Of
a continuance of the slave trade for her lethal
rice swamps, was complacent.
Three states were needed for the necessary
majority of nine. North Carolina and Rhode
Island were hopeless. Elections for delegates
in New Hampshire, Massachusetts and New
York indicated majorities opposed to adoption
of the Constitution.
So the Federalists first concentrated on
Pennsylvania. Before the legislature Of that
state had even seen a copy of the New Plan a
resolution was introduced for the calling with
in five weeks of a ratification convention. In
dignant opponents of the resolution broke the
legislative quorum by Immediately retiring to
their lodgings.
Thugs broke into their rooms that night
slugged them and dragged them to the legls-
lative hall with clothes torn and faces white
with rage" where they were obliged by main
force to sit until the resolution passed.
n n II
XXTHEN the ratification convention met IN
w Philadelphia the Federalists were I'M
certain of a majority so they proceeded to offer
all sorts of jobs-even generalships in the Army
to delegates who would vote in favor OF the
New Plan and against the instructions OF their
constituents.
In selling the Constitution to uncertain dele
gates from the back country the Federallsts did
not hesitate to tell some Of the most preposter-
Gus IdlSSIlOOQS III lGCO1QOO 44AoOOAJ'
For instance, the scholarly and well-informed
James Wilson was moved to state categorically
that the state of Virginia had no bill Of rights.
Chief Justice Mexican, alleged to be a distin-
guished Pennsylvania jurist, joined the Ananias
Club by declaring that none but English-speak-
ing peoples had ever known jury trial!
When Wilson backed the learned justice in
this extraordinary remark he was promptly
challenged from the floor by another delegate.
His reply:
Young man! I have forgotten more law
than ever you learned!'
Which sounds a bit like a pompouS evasion
by a stuffed shirt.
The floor of the convention was constantly
swamped with persons not delegates. The gal
leries hooted down the opposition. This same
Justice Mexican elegantly remarked that those
opposing the New Plan did nothing more than
make a noise like the working of small beer"
So Pennsylvania ratified the Constitution by a
diSorderly convention whose delegates repre-
sented less than a tenth Of the voting popula-
ton Of the state.
The methods used in Massachusetts, were less
obvious, but just as effective. Forty-siX towns
in that state were SO sure that ratification was
impossible that they decided to forgo the trou-
BILE and expense of sending delegates to Boston.
These communities, from their standpoint, made
a fatal mistake. For out Of a total of 355 dele
gates the FederaliSts were finally only able to
collect a thin majority of 10.
y u
THERE were severe criticisms of the extrava-
Il gance with which wavering delegates were
entertained by a committee of Boston merchants.
The records show that the simple visitors
from the back country consumed between three
and four hogsheadS of punch at a single party.
Opposition delegates with one voice praised the
hospitality of Boston. Several even voted against
their instructions. None of that personal bit
terneSS attended ratification in Massachusetts
that had marked the proceedings in Pennsyl-
Yania.
Outwardly, at least, Virginia conducted her
ratification convention on a high,
level. Some of the greatest intellects in the New
World we're ranged against each other. The
youth of several is interesting: Light Horse
Harry" Lee, 80; Francis Corbin, %; Gov.
Randolph, 81; James Monroe, 30; John Marshall,
80; all men we'll under 40.
Virginia was a key point and Federalists from
other states hurried to the meeting. Among them
were the inflated Wilson and Robert Morris. who
made the curious reference to his purse. Patrick
Henry led the opposition to the new plan. De-
bate was cutting. The Constituencies won by
a majority Of only eight votes. AS in Massachu-
sets several delegates violated their specific in
structions to achieve this.
TIL Constitution presents a strange anomaly.
1t was hugely conceived by a group of self
interested individuals. 1t was adopted under
circumstances which would make a Tammany
district leader blush. The majority of the people
did not want it and it was designed to curb pop-
ular power.
Yet today it is a great sanctuary of human
rights. Without it the United States would be
little but a precarious principality of Europe.
T~OmOrrow-The Constitution: Growth.