[94] which they afford of the interpretation of the Constitution by its authors and their contemporaries. Among the members were Madison, Mason, and Randolph, who had also been members of the convention at Philadelphia. Madison was one of the most earnest advocates of the new Constitution, while Mason was as warmly opposed to its adoption; so also was Patrick Henry, the celebrated orator. It was assailed with great vehemence at every vulnerable or doubtful point, and was finally ratified June 26, 1788, by a vote of 89 to 79—a majority of only ten. This ratification was expressed in the same terms employed by other states, by “the delegates of the people of Virginia, . . . in the name and in behalf of the people of Virginia.” In so doing, however, like Massachusetts, New Hampshire, and South Carolina, Virginia demanded certain amendments as a more explicit guarantee against consolidation, and accompanied the demand with the following declaration:
That the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them, whenever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them and at their will, etc.Whether, in speaking of a possible resumption of powers by “the people of the United States,” the convention had in mind the action of such a people in the aggregate— a political community which did not exist, and of which they could hardly have entertained even an ideal conception—or of the people of Virginia, for whom they were speaking, and of the other United States then taking similar action—is a question which scarcely admits of argument, but which will be more fully considered in the proper place. New York, the eleventh state to signify her assent, did so on July 26, 1788, after an arduous and protracted discussion, and then by a majority of but three votes—30 to 27. Even this small majority was secured only by the recommendation of certain material amendments, the adoption of which by the other states it was at first proposed to make a condition precedent to the validity of the ratification. This idea was abandoned after a correspondence between Hamilton and Madison, and, instead of conditional ratification, New York provided for the resumption of her grants; the amendments were put forth with a circular letter to the other states, in which it was declared that “nothing but the fullest confidence of obtaining a revision” of the objectionable features of the Constitution, “and an invincible reluctance to separating from our sister States, could have prevailed upon a sufficient number to ratify it without stipulating for previous amendments.”
