Page:The American encyclopedia of history, biography and travel (IA americanencyclop00blak).pdf/401

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taxes, duties, imposts, and excises, to coin money, to establish post-offices and post-roads, to provide and maintain a navy, and to call forth the militia for the purpose of executing the laws, suppressing insurrections, and repelling invasions. The States were prohibited, generally, from exercising any of the functions that were conferred upon Congress. In general terms, the States retained the power of domestic legislation upon all subjects in regard to which their interests were not likely to conflict, or which could be effectually disposed of without the coöperation of the whole Union; while the Federal government assumed the functions which the States were deprived of, and received whatever other authority was needed to enable it to negotiate effectively with foreign powers as the representative of one nation. Numerous provisions were borrowed from Magna Charta and the more liberal portions of the English Common Law, and incorporated into the Constitution, to protect the liberty and the rights of individuals, and to guard against acts of oppression and injustice on the part of either the Federal or the State Governments. The instrument was very practical in its character, and far more simple and concise than could reasonably have been expected, considering the complicated subject with which it had to do, and the difficulty in adjusting the relations of the Federal government to the individual States, and of so distributing power between them that they could work together harmoniously and effectively. As a whole, if judged either by the most approved maxims of political science, or by the light reflected upon it from that experience of more than sixty years to which it has been subjected, it may claim a high place among the best models of government that have been devised in ancient and modern times. It has required but few and slight amendments, and it has accomplished the whole work which it was designed to perform.

Great difficulties were again experienced in obtaining its ratification by the conventions in the several States, to which it was soon submitted. The two parties which were then formed, of its advocates and opponents, divided the people very equally between them, and, with some modifications, these parties have subsisted to the present day. The consent of nine States was necessary; five ratified the instrument soon and with little difficulty. Then the question came up in Massachusetts, where the parties were nearly equal, though the democratic and independent spirit of the people seemed to incline the balance against the Constitution. Everything was thought to depend upon the decision of this State and Virginia, on account of their great weight in the Union, and the influence which they would respectively exert at the north and the south. Governor Hancock and Samuel Adams, the former being the president of the Convention, and the latter one of its most influential members, wavered. The Convention at last decided to propose certain amendments for adoption in the form prescribed by the Constitution itself; these served as an anodyne for the scruples of the two leading patriots, and the ratification was finally carried, though by a very slender majority. The consent of Maryland, South Carolina, and New Hampshire was then obtained, and next came that of Virginia, though after as warm a struggle as in Massachusetts, the opposition being led with great effect by Patrick Henry. The question was now virtually decided, and New York therefore gave a tardy and reluctant assent, which would probably have been a refusal if the measure could thereby have been defeated. North Carolina would only ratify upon certain conditions, and