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Union, at a time and place to be agreed on, to take into consideration the trade of the United States;

“To examine the relative situations and trade of said States ;

“To consider how far a uniform system in their commercial regulations may be necessary to their common interests and their permanent harmony;

"And to report to the several States such act relative to this great object, as, when unanimously ratified by them, will enable the United States in Congress effectually to provide for the same."

§ 3. Just previous to this, in 1755, Commissioners had been appointed by Virginia and Maryland for the accomplishment of a more limited object, and which more exclusively concerned those two States.

§ 4. Maryland deemed the concurrence of her neighbors, Delaware and Pennsylvania, indispensable in the matter; although it related only to settling the jurisdiction on waters dividing the two States of Virginia and Maryland. The same reasons that rendered it necessary that Maryland should consult her neighbors seemed to render it equally necessary that those neighbors should consult their neighbors.

§ 5. It was thus demonstrated, that, whatever action might be taken on any subject of general concern, it would extend itself or its influences all over the Union. This illustration of the necessity of uniformity in matters of public interest had its influence in impressing all minds with a sense of the importance of such a general Convention as was now recommended in the resolution of the Virginia Legislature.

§ 6. The time and place of the proposed Convention being left to the Virginia Commissioners, they named for the time the first Monday in September, 1786; and the place, Annapolis, Md. The Commissioners who attended from Virginia were Messrs. Randolph, Madison, and Tucker.

§ 7. Although there was a strong popular feeling in favor of the proposed Convention, when the time came for its meeting, only five States were represented. Several States had not even appointed Commissioners, and some Commissioners who were appointed

failed to attend. But it had become evident, that although this Convention, as such, was a failure, public opinion was advancing in the right direction.

§ 8. The New-Jersey deputation had a commission extending its object to a general provision for the "exigencies of the Union." Acting on this suggestion, a recommendation for this enlarged purpose was reported by a committee to whom the subject had been referred.

§ 9. That report was written by Alexander Hamilton of New York, and addressed to the legislatures of the States represented in the Convention; viz., New York, Pennsylvania, Virginia, Delaware, and New Jersey.

Commissioners appointed from New Hampshire, Massachusetts, Rhode Island, and North Carolina, failed to report themselves to the Convention.

The States of Maryland, Connecticut, South Carolina, and Georgia, did not appoint Commissioners.

§ 10. This report was an able, lucid, and elaborate document, recommending another convention of deputies from all the States, to meet on the second Monday of May following, 1787, in the city of Philadelphia. A copy of the report was also sent to Congress.

§ 11. Virginia again took the lead, and was the first to act favorably on the recommendation to appoint deputies to the proposed Philadelphia Convention. The legislature of that State were unanimous, or very nearly so, in their response to the call of the report. "As a proof of the magnitude and solemnity attached to it, they placed Gen. Washington at the head of the deputation from that State; and, as a proof of the deep interest he felt in the case, he overstepped the obstacles to his acceptance of the appointment.'

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§ 12. Congress took no action on the recommendation of the report, until the legislature of New York instructed its delegation in that body to move a resolution, recommending to the several States to appoint deputies to meet in Convention for the purpose of revising and proposing amendments to the Federal Constitution." § 13. Feb. 21, 1787, a resolution was moved and carried in Congress, recommending a Convention to meet in Philadelphia at

the time suggested in the report, "for the purpose of revising the Articles of Confederation, and reporting to Congress and the sev eral State legislatures such alterations and provisions therein, as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of government and the preservation of the Union."

§ 14. Public opinion was on the rapid march. Many events had transpired, even after the appointment of commissioners to meet at Annapolis, and before that Convention assembled, which matured the popular judgment in favor of the proposition for a general Convention for the purposes set forth in the report.

§ 15. Still other events took place immediately after the Hamilton report was published, which still further demonstrated the necessity of such a Convention as was proposed therein. All were now satisfied that the Union was in extreme danger. No calm, dispassionate observer could ignore it.

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§ 16. "Among the ripening incidents," says a prominent statesman of that day, was the insurrection of Shays in Massachusetts against her government, which was with difficulty suppressed, notwithstanding the influence on the insurgents of an apprehended interposition of the Federal troops."

§ 17. The insurrection above alluded to was led by one Daniel Shays, who was followed by about two thousand insurgents, having for their object the open defiance and resistance of the laws under which the taxes were to be collected and private obligations and contracts to be enforced. It spread over several of the counties of that State; and so formidable was it, that United-States troops were called for to suppress it. But, by vigorous measures on the part of the State, it was overcome. Several of the leaders were condemned to death; but, on account of the popular sentiment in their favor, it was deemed unwise to execute them.

§ 18. The public debt, most of which had been contracted in the sacred cause of liberty in the struggle for independence, remained unpaid. Congress had made repeated calls on the States for payment: but these calls were either partially or wholly unheeded; one State expressly and openly refusing to take any step tending to its

liquidation. The public mind was everywhere filled with gloom and despondency.

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§ 19. In reference to the embarrassments of commerce, Mr. Madison says, The same want of a general power over commerce led to an exercise of the power separately by the States, which not only proved abortive, but engendered rival, conflicting, and angry regulations."

§ 20. "Besides the vain attempt to supply their respective treasuries by imposts, which turned their commerce into the neighboring ports, and to coerce a relaxation of the British monopoly of the WestIndia navigation, which was attempted by Virginia, the States having ports for foreign commerce taxed and irritated the adjoining States, trading through them, as New York, Pennsylvania, Virginia, and South Carolina. Some of the States, as Connecticut, taxed imports from other States, as Massachusetts; which complained in a letter to the Executive of Virginia, and doubtless to those of other States."

§ 21. "In sundry instances, as of New York, New Jersey, Pennsylvania, and Maryland, the navigation interests treated the citizens of other States as aliens."

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§ 22. As a natural consequence of this distracted and disheartening condition of the Union, the Federal authority had ceased to be respected abroad; and dispositions were shown there, particularly in Great Britain, to take advantage of its imbecility, and to speculate on its approaching downfall. At home it had lost all confidence and credit: the unstable and unjust career of the States had also forfeited the respect and confidence essential to order and good government, involving a general decay of confidence between man and man."

§ 23. Under these distracting and depressing influences, the States had become favorable to the call from Annapolis to send delegates to the proposed Philadelphia Convention, which convened at the time appointed. There was by no means a full representation of the States, however; there being present but twenty-nine delegates at the opening. They did not organize, therefore, until

May 25, when George Washington was unanimously chosen president of the Convention.

§ 24. There being so few delegates present, the Convention did not proceed immediately to business, but adjourned from day to day until Monday the 28th. The Convention sat with closed doors; and remained in session until the seventeenth day of September following, when they reported the draft of the present Constitution of the United States.

§ 25. By a resolution of the Convention, it was laid before the United States in Congress assembled, with the recommendation that it should be submitted to a Convention of delegates chosen in each State by the people thereof, under the direction of its legislature, for their assent and ratification; and that each Convention assenting to and ratifying the same should give notice thereof to the United States in Congress assembled.

§ 26. The original intention and object of the Convention were, it will be remembered, simply to revise and amend the Articles of Confederation. But the Convention early came to the conclusion that it was necessary to form an entirely new Constitution.

§ 27. With the report to Congress, the Convention addressed a letter to that body, giving the reasons for their proceedings. The Convention also passed two resolutions, copies of which were sent to Congress; the substance of one of which has been already given, and both of which, with the letter, will be found appended to the Constitution in this work.

§ 28. Sept. 28, 1787, Congress having received the report of the Convention, unanimously

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Resolved, That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a Convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the Convention made and provided in that case.'

§ 29. By the terms of the new Constitution, the ratification of the Conventions of nine States was declared sufficient, for its establishment between the States so ratifying the same.

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