In the Virginia convention, the constitution was opposed by Patrick Henry, James Monroc, and George Mason, the last of whom had been one of the convention of framers. On the other side were John Marshall, Mr. Pendleton, Mr. Madison, George Wythe, and Edmund Randolph, the three last also having been members of the national convention Mr. Randolph had refused to sign the constitution, but had become one of its warmest advocates. In the convention of this state also, the ratification was aided by the adoption of a bill of rights and certain proposed amendments; and was carried, eighty-eight yeas against eighty nays.

In the convention of New York, the opposition embraced a majority of its members, among whom were Yates and Lansing, members of the general convention, and George Clinton. The principal advocates of the constitution were John Jay, Robert R. Livingston, and Mr. Hamilton. Strong efforts were made for a conditional ratification, which were successfully opposed, though not without the previous adoption of a bill of rights, and numerous amendments. With these, the absolute ratification was carried, thirty-one to twenty-nine.

The ratification of North Carolina was not received by Congress, until January, 1790; and that of Rhode Island, not until June of the same year.

After the ratification of New Hampshire had been received by congress, the ratifications of the nine states were referred to a committee, who, on the 14th of July, 1788, reported a resolution for carrying the new government into operation. The passage of the resolution, owing to the difficulty of agreeing upon the place for the meeting of the first congress, was delayed until the 13th of September. The first Wednesday of January, 1789, was appointed for choosing electors of president, and the first Wednesday of February for the electors to meet in their respective states to vote for president and vice-president; and the first Wednes. day, the 14th of March, as the time, and New York as the place, to commence proceedings under the new constitution.

CHAPTER V.

MEETING OF THE FIRST CONGRESS.-A SYSTEM OF FINANCE ADOPTED.

THE FUNDING OF THE PUBLIC DEBT.—THE SEAT OF GOVERNMENT.

Pursuant to appointment, congress assembled at New York on the 4th of March, 1789; but a quorum of the house of representatives was not present until the 1st of April, nor of the senate until the 6th. On counting the electoral votes, it appeared that George Washington was unanimously elected president, and that John Adams was, by the next highest number of votes, elected vice-president. On the 30th of April, the oath of office was administered to the president; and soon after, he delivered his inaugural address to the senate and house of representatives.

Many important subjects demanded the immediate attention of congress. The depressed state of commerce, caused by the restrictive policy of foreign nations, which there was no power in the old system to counteract, and the want of revenue adequate to the public necessities, were the chief causes that led to the recent chango in the government. These, therefore, were the first objects to receive the attention of congress.

Immediately after the organization of the house, Mr. Madison moved a resolution, declaring the opinion, that certain duties ought to be levied on goods, wares, and merchandise, imported into the United States, and on the tonnage of vessels. A law was accordingly passed, with a preamble declaring it to be "necessary for the support of government, for the discharge of the debts of the United States, and the encouragement of manufactures, that duties be laid on goods, wares, and merchandises imported.” This law imposed specific duties on a long list of enumerated articles, and an ad valorem duty upon others. The duties on goods imported in American vessels were ten per cent. less than if brought in foreign vessels. An act was also passed, laying discriminating duties on tonnage; American vessels being charged with a duty of six cents a ton; foreign vessels, fifty cents a ton.

The discrimination in favor of American shipping was opposed on the ground that it was insufficient to transport all the produce of the country, and the extra tonnage duty upon foreign vessels would enhance the cost of transportation, and thus operate as a tax upon agriculture, and a pre

mium to navigation.

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In reply to this argument, Mr. Madison said, if it was expedient for America to have vessels employed in commerce at all, it would be proper that she should have enough to answer all the purposes intended; to form a school for seamen; to lay the foundation of a navy; and to be able to support herself against the interference of foreigners. Granting a preference to our own navigation would insensibly bring it forward to that perfection so essential to American safety; and though it might produce some little inequality at first, it would soon ascertain its level, and become uniform throughout the union.

A proposition also was adopted by the house of representatives, making a difference in favor of nations which had formed commercial treaties with the United States; but the senate did not assent to the discrimination. North Carolina and Rhode Island, not having acceded to the union, were in the situation of foreign states. By special enactments,

, however, goods of the growth or manufacture of these states were exempted from foreign duties; and their vessels were to be entitled to the same privileges as those of the United States, until the 15th of January, 1790.

Three auxiliary executive departments were established at this session: the department of foreign affairs—since called department of state--the department of the treasury, and the department of war. These, or similar departments, had for some time existed; but they were now reorganized, and adapted to the new government.

In organizing these departments, the question arose, whether the officers of these departments could be removed by the president alone, or whether the concurrence of the senate was necessary, as in their appointment. In the Federalist, (No. lxxvii,) Mr. Hamilton says: "It has been mentioned as one of the advantages to be expected from the coöperation of the senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. A change of the chief magistrate, therefore, would not occasion so vehement or general a revolution in the officers of the government, as might be expected if he were the sole disposer of offices. When a man, in any situation, had given satisfactory evidence of his fitness for it, a new president would be restrained from attempting a change in favor of a person more agreeable to him, by the apprehension that the discountenance of the senate might frustrate the attempt, and bring discredit upon himself.”

This construction was supported by Mr. Sherman and Mr. Gerry, both of whom had been members of the general convention, and others. It was argued, that, as the president and senate were associated in making appointments, the fair inference was, that they must agree in removals. This power, in the hands of the president alone, was dangerous to liberty. It was in its nature monarchical, and would convert executive officers into mere instruments of his will.

Among those who maintained the opposite side, were Mr. Madison and Mr. Baldwin, also members of the convention. The executive power was, by the constitution, vested in the president; and the power of removal was in its nature completely executive. The president was required to see the laws faithfully executed; and how could he be an. gwerable for a faithful execution of the laws, without the power of removing an officer whose coöperation was necessary to their execution. Besides, an immediate removal might become necessary; and the public interest might suffer by the delay in convening the senate. After several days' discussion, the question was decided, 34 to 20, in favor of conferring on the president alone the power of removal.

In filling the offices of these departments, Mr. Jefferson was appointed secretary of foreign affairs; Mr. Hamilton, secretary of the treasury; Gen. Knox, of Massachusetts, was continued as secretary of war; and Edmund Randolph was appointed attorney-general.

The judiciary department, also, was established at this session. John Jay, of New York, was appointed chief justice; John Rutledge, of South Carolina, James Wilson, of Pennsylvania, William Cushing, of Massachusetts, Robert Harrison, of Maryland, and John Blair, of Virginia, associate justices.

At this session, the states of Virginia and New York petitioned congress to call a convention to amend the constitution. Congress having no authority to call a convention, a proposition was made by Mr. Madison for recommending to the states the adoption of certain additional articles to the constitution. Twelve articles were agreed to by the constitutional majority of two-thirds of both houses, and proposed to the states. Ten of these articles, being the first ten subjoined to the constitution, were adopted by the states.

Congress adjourned on the 29th of September, to meet on the first Monday of January, 1790. Before the adjournment, by a resolution of both houses, the president was requested to recommend a day of public thanksgiving and prayer, to be observed, “ by acknowledging with grateful hearts, the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a constitution of government, for their safety and happiness.”

Among the objects recommended by the president to the attention of congress at its next session, were those of “providing for the common defense;" of " promoting such manufactures as tend to render the people independent on others for essential, particularly for military, supplies ;"

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of “ the promotion of science and literature;" and of making “adequate provision for the support of the public credit.”

The great measure of the session was the act carrying into effect the last mentioned of these objects. The house had at the preceding session, directed the "secretary of the treasury to prepare a plan for that pur- . pose, and to report the same to the house at its next meeting. The plan of the secretary was accordingly reported on the 14th of January. The foreign debt, due principally to France and individual lenders in Holland, was $11,710,378, of which about a million and a half was interest. The domestic debt, of which nearly a third was for arrears of interest, was estimated at $42,414,085. This sum included two millions which was allowed for claims yet unliquidated, principally outstanding continental money. The secretary proposed to assume the debts of the several states, estimated at $25,000,000, and then to fund the whole debt.

To such a state of depression had the public credit been sunk, that the government paper had been parted with by original creditors for onesixth to one-eighth of its nominal value; and it was still doubtful whether the government would be able fully to discharge its obligations. Hence, to devise a plan that should maintain the honor and retrieve the credit of the nation, and do perfect justice to all the public creditors, was not an easy task. That any plan within the compass of human ingenuity should receive the unanimous approval of congress, was not to be expected. With respect to the recommendation of the secretary, that the foreign debt should be provided for according to the precise terms of the contract, there was no difference of opinion. But the secretary “regretted, that with respect to the domestic debt, the same unanimity did not prevail."

The secretary supported the several propositions of his report at length, and with great ability. He maintained that no discrimination ought to be made between original holders of the public securities, and present possessors by purchase. He deemed this equally unjust and impolitic; highly injurious even to the original holders, and ruinous to public credit. Nor did he think a difference ought to be permitted to remain between the creditors of the union and those of individual states. Both descriptions of debt, he said, were contracted for the same objects, and were in the main the same. A great part of the debt of the states had been contracted by them on account of the union; and it was most equitable that they should be assumed by the union.

Several plans were submitted hy the secretary to the option of congress; neither of which was adopted entire, but together formed the basis of the act subsequently passed. It was proposed to open new loans for the full nmount of the domestic debt, including that of the states, and, for