The Ratification of the

Constitution
Newspapers everywhere
published a copy of the
Constitution. Debates and
discussions over the document
dominated all other news.
Reaction was mixed among the
population. Some were angry
and others approved, but all
were shocked and startled by
what had emerged from the
convention. This was far from
what they expected. This was
no mere amendment of the
Articles of Confederation! It
appeared to be far beyond what
had been requested by the
states and was, for that reason,
quite controversial.
Opponents quickly pub-
lished their critiques and the
friends of the Constitution
answered. Aseries of articleS
Anti position. The latter
protested that they were in fact
the federalists and those who
supported the Constitution
should properly be termed
Consolidationists or
Nationalists, but to no avaiL
The opponents of the
Constitution would from
thenceforth be known as the
Anti-Federalists and open to
the charge of being disgruntled
patriots while the Federalists
were hailed for being
affirmative and daring.
(Bowen, p. 271) .
The battle over ratification
was fierce. Anti-Federalists
feared the absence ofa Bill of
defending the Constitution Rights, the federal power to
was begun in the papers of tax, the office of Vice-
New York signed by Publius-- PreSident, the absence of
these would becqme known religious qualification for
as The Federalist Papers. They government officers, no stand
were widely read and hotly against slavery, and the power
debated--not only by the of the federal courts. There
leaders of communities butby . was even some criticism of the
farmers and milkmaids aswell. proposal for a Federal City.
The Federalists were answered But most of all they feared the
by the Anti- Federalists who vague language and the
sought to show their potential for the abuse of the
arguments wrong-headed and powers granted to the central
dangerous. The entire country government. Their arguments
was in an uproar. were considered and struck
It is important in any debate deep cords in the people North
to have the pOSitive side __ to and South. The suspicion
be the affirmative. This little againstanypowerful,far-away
fact was not forgotten by the govern-ment was high.
proponents of the Delaware was the first state
Constitution. Those in favor to ratify on December 7, 1787.
of the new government took Pennsylvania, who had been
the title Federalists which left rushing to be the first, ratified
opponents with the unhappy amidst a storm of controversy
12 t THE COUNSEL of Chalcedon OctoberlNovember, 1997
on December 12. On
December 27 a rally was held
in Carlisle to celebrate the new
Constitution. A mob of
Antifeds attacked the guest of
honor, James Wilson, and, it
was said, would have killed
him had not an old soldier
thrown himself over his body
to protect him. (Bowen, p. 277)
New jersey followed
Pennsylvania ratifying the
Constitution unanimously on
December 18 and Georgia did
the same on january 2, 1788.
Connecticut ratified on
january 9. But things would
not go so smoothly in
Massachusetts.
Massachusetts was
considered to be predom-
inantly Antifederalist. Three
hundred and fifty-five
delegates met in the Brattle
Street Church, Boston, with a
crowded gallery of spectators.
When the debates began the
Antifederalists had a majority
of arollnd fifty votes. A defeat
of the Constitution here would
have probably brought 0]1 an
Antifederalist triumph in the
ratification conflict. Yet
because of their lack of
organization and a general lack
of skill in rhetoric, law, and
political theory, they could not
hold their own against the
gifted Federalist spokesmen.
Their greatest blow perhaps
was the loss of Sam Adams
who was grief stricken over
the recent death of his son and
did not participate in the
debates. Their cause also
suffered by the change of heart
that overtook Governor john
Hancock who went over to the
Federalists in exchange for
their political support.
Elbridge Gerry, the leading
Antifederalist of the state was
not elected as a delegate, since
he was from Boston, a leading
Federalist district. He was
allowed to be on the floor,
however, to answer questions
ex-officio. This gave the
Federalists an overwhelming
advantage even though the
final vote gave them a majority
of only 19 votes.
In a move that would
become very important for the
future debates, Massachusetts
recommended that there be
suggested amendments passed
along \\' . its official approval
.of the Constitution. . This
strategy made it easier for the
Federalists to succeed in other
1) The Framers, said
Pinckney, thought it improper
to mention specific rights
guaranteed under state law for,
as we might perhaps have
omitted the enumeration of
some of our rights, it might
hereafter be said we had
delegated to the general
government a power to take
away such of our rights as we
had not enumerated
2) Silence on the subject of
rights would keep the general
government away from that
potentially explosive subject.
3) It would not appear
appropriate for South
Carolinians to make
declarations of human rights
when a large part of our
property consists in men who
are actually born slaves.
(Bradford, Original Intentions,
p.62)
The decisior:JS of Maryland
and South Carolina meant that
New Hampshire would be the
crocial ninth state needed to
more difficult states.
make the Constitution the law
Maryland and South of the land. The New
Carolina . followed with
relatively easy victories for the
Federalists in both states (easier
in Maryland than South
Carolina). The South Carolina
convention did not vote to add
a Bill of Rights because of the
persuasive argument of
General Charles Cotesworth
Pinckney. His objections are
noteworthy:
Hampshire q:mvention had
convened on February 22,
1788. The delegates (and the
populace) werepredom-
inately Anti-Federalist yet they
were out-maneuvered by a
Federalist parliamentary
procedure. The Federalists
made a motion to adjourn the
convention on the basis that
many delegates were uriwilling
OctoberlNovember, 1997 TIlE COUNSEL of Cbalcedon 13
to follow their electorates Mason, Benjamin Harrison,
instructions to reject the Theodorick Bland, John Tyler
Constitution! Had the (father of the President),
Anti-Federalists called the Edmund Ruffin, James
qUC!$tion before the President Monroe, Richard Grayson,
JameS, Sullivan accepted the Richard Henry Lee, and most
motion, the Constitution of all Patrick lienry. It was a
would have been defeated and classic struggle.
that would have given . Henrys strategy to defeat
momentum to the the Constitution was two-fold:
Federalist opposition. When 1) to portray it as a practical
the convention reconvened, threat to Virginia and 2) to set
however, on June 21, the it forth as a contradiction of
Federalists won by 11 votes. the Old Dominions highest
Of the first nine states to . values, the English version of
ratify only three could be liberty. (Bradford, Against the
considered strong states Barbarians, p. 76)
(Pennsylvania, Massachusetts, Henrys oratory was never
and Hampshire). Even more powerful, There willbe
though the Constitution Was no checks, no real balances, in
nowapproved,everyoneknew this government. What can
that all would be lost if Virginia avail your specious, imaginary
did not enter the union. If balances, your rope-dancing,
Virginia refused, New York and chain-rattling, ridiculous ideal
North Carolina would checks and b;dances and
doubtless . reject the contrivances? At this point we
Constitution as well. Even at are told, a delegate
So late a date, if Virginia had involuntarily checked his
refused ratification, it may still wrists to assure himself that
have defeated the FederalistS the fetters were not already
and forced a new convention. pressing his flesh. It was
Virginia was the most hotly overwhelming. Even Madison
contested of all the ratification confessed that Patrick Henry
conventions. could with a pause, a shake of
. The Antifederalists Were the head, Or a striking gesture,
stronger in Virginia than any undo an hours work before
other state. The leading men uttering a word. (Bowen, op.
in the state (excepting cit., p. 198)
Washington, Pendleton; On June 24, George Wythe
Lighthorse Harry Lee, and moved a resolution for
Madison) aligned themse1ves ratification with a Bill of Rights
against ratification: George attached along with other
1+ f THE of Chalcedon f OctoberlNovember, 1997
subsequent amendments to
remedy the flaws observed by
the Antifederalists. The next
day the motion came to a vote
and the Constitution was
ratified by a scant 10 votes.
The news ofVrrginias action
reached the New York
convention which had been in
session for two weeks, onJuly
2. It was a crushing blow to
the Antifederalists. Yet when
thevotecame twenty-four days
later Ouly 26), they only lost
by 3 votes. In Albany there
was rioting by Antifederalists
supporters with a public
burning of Constitution. In
New York Oty there was a
parade with ten horses pulling
a float in. the shape of a ship (
the goo<:\ ship Hamilton)
through the streets. rhus, by
the end ofJuIy 17SS: eleven of
the thirteen states had ratified.
North Carolina, which was
dominated by Anti-t'ederalists
and had delayed its vote in
order to give the nation second
thoughts, finally adopted the
Constitution on November 21,
1789. -
Rhode Island, now officially
a foreign country, remained so
until it ratified the Constitution
on May 29, 1790 (by two
votes).
The Anti-Federalists failed
in their efforts to prevent
ratification or force a re-
working of the ConStitution.
Bradford points to a
of reasons for this failure:
1. They had no network of
communicating their views
between the states or
sometimes even throughout a
single state. Patrick Henry
organized opposition in
Virginia, as did Governor
Clinton in New York, and
Williejones in North Carolina,
but elsewhere opposition was
haphazard.
2. They suffered from a lack
of spokesmen and reliable
leadership. This was not the
case in New York and Virginia
but it was plairlly the case in
the important Massachusetts
debates. In Maryland and
South Carolina the
Antifederalists lacked both
organization and spokesmen.
Bradford observes that if South
Carolina had delayed its vote
after Virginia and had Virginia
voted no there would have
to obliterate every opportunity
for construction by legislature,
Congress, or Supreme Court.
(Against the Barbarians, p. 72)
Delaware, New jersey, and
Connecticut were compelled
by geographical and economic
circumstances to ratify.
Pennsylvania ratified for
economic reasons and Georgia
for fear of being left out of the
union and being forced to
defend itself against hostile
foreign and Indian forces.
These were not victories based
upon principled Federalism,
but they were victories
nonetheless and they set the
tone for the remainder of
ratification process and made
the prospects for ratification
seem hopeful. These early
victories gave strength to the
Federalist argument that union
was inevitable and that the
been no vote on ratification in Constitution was the best
South Carolina. means available to affect that
3. Their timing was bad. union. And when Virginia
Had North Carolina and ratified the rest of the state
Virginia voted early, and voted
no, especially if either New
Hampshire or Massachusetts
had joined them, then as all
serious scholars recognize, the
victories of the Federalists in
Delaware, New jersey; Georgia,
Connecticut, and Pennsylvania
would have had no
importance. Everyone would
have gone back to Philadelphia
to remove offensive language
and correct vague implications;
conventions ' were mere
formalities.
4. They never made clear
their own vision for a
government which would
preserve the liberties of the
people. Federalism was not
victorious l;>ecause it hurried
the busine?s in Pennsylvania,
or because it knew how to
explOit the lack of leadership
among the Antifederalists in
Massachusetts but rather by
reason of the failure of the
Antifederalists to bring forward
an altemativeview of the Union
that would better preserve and
perfect it. (Ibid. , p. 71)
To concede a Federalist
victory; however, is not to grant
anything like the revolution-
ary that the modern
radicals envision. There is a
way in which we can say that
the Federalists, such as they
were, lost. In the minds of
those who adopted the
Constitution, they were
adopting a document
understood in a strictly
Anti-Federalist way. In order
to persuade the fearful and
mistrusting Anti-Federalists,
the Federalists were politically
compelled to promise that the
Constitution by it very nature
could not create or sustain
anything more than a very
limited power, one able to be
whatever modest instrument
the electorate wanted, but no
more than that. (Ibid., p. 63)
Bradford states, In these
ratification conventions the
friends of the Constitution
minimized its scope, and its
enemies exaggerated its
usefulness to putative tyrants.
.. What both strategies suggest
is that implied powers are not
tolerable, that the narrowest
views of what was achieved in
Philadelphia are politically the
most acceptable, and that
future judges (or even
1997 THE COUNSEL of Chalcedon 15
legislators)wouldonlyatgreat Delaware -- 12/7/1787
peril discover them in a vague Unanimous
but growing Constitution. Pennsylvania -12/1211787
(Ibid., p. 64) 46 -- 23
Sadly, this understanding of New Jersey -- 12118/1787
the limitations upon the Unanimous
authority of the new Federal ,Georgia - 112/1788
Government would quickly be-- Unanimous
forgotten. Co=ecticut -- 1/9/1788
Here is a table of the states 128 -- 40
in the order in which they Massachusetts -- 2/6/1788
ratified, with the votes at their 187 - 168
conventions: Maryland -- 4128/1788
63 --11
State -- DateJRatified
For -- Against
South Carolina --5/23/1788
149 --73
MERICA
The First 350 Years
New Hampshire -6121/1788
57 --46
Virginia -- 6126/1 788
89 -79
New York -- 712611788
30 -- 27
I
North Carolina --11121/1789
197 -77
llliode Island -- 5129/1790
34 -- 32
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16 '" THE COUNSEL of Chalcedon '" OctoberlNovember, 1997