and mature deliberation” followed, and a report, or declaration of opinion, was formally adopted. Two drafts of this document are among Mr. Gallatin’s papers, both written in his own hand, one of them, much amended and interlined, obviously a first sketch, used probably in committee as the ground-work of the adopted instrument. It is only a natural inference that he was the draughtsman.
There can be no doubt that Mr. Gallatin was one of those persons who thought the new Constitution went much too far. He would, doubtless, have preferred that all the great departments – executive, legislative, and judicial – should have been more closely restricted in their exercise of power, and, indeed, he would probably have thought it better still that the President should be reduced to a cipher, the legislature limited to functions little more than executive, and the judiciary restricted to admiralty and inter-state jurisdiction, with no other court than the Supreme Court, and without appellate jurisdiction other than by writ of error from the State courts. This would best have suited his early theories and prejudices. This rough draft, therefore, has some interest as showing how far he was disposed to carry his opposition to the Constitution, and it seems to show that he was inclined to go considerable lengths. The resolutions as there drafted read as follows:
“1st. Resolved, that in order to prevent a dissolution of the Union, and to secure our liberties and those of our posterity, it is necessary that a revision of the Federal Constitution be obtained in the most speedy manner.
“2d. That the safest manner to obtain such a revision will be, in conformity to the request of the State of New York, to use our endeavors to have a convention called as soon as possible;
“Resolved, therefore, that the Assembly of this State be petitioned to take the earliest opportunity to make an application for that purpose to the new Congress.
“3d. That in order that the friends to amendments of the Federal Constitution who are inhabitants of this State may act in concert, it is necessary, and it is hereby recommended to the several counties in the State, to appoint committees, who may correspond one with the other and with such similar committees as may be formed in other States.
“4th. That the friends to amendments to the Federal Constitution in the several States be invited to meet in a general conference, to be held at , on , and that members be elected by this conference, who, or any of them, shall meet at said place and time, in order to devise, in concert with such other delegates from the several States as may come under similar appointments, on such amendments to the Federal Constitution as to them may seem most necessary, and on the most likely way to carry them into effect.”
But it seems that the tendency of opinion in the meeting was towards a less energetic policy. The first resolution was transformed into a shape which falls little short of tameness, and has none of the simple directness of Gallatin’s style and thought:
“1st. Resolved, that it be recommended to the people of this State to acquiesce in the organization of the said government. But although we thus accord in its organization, we by no means lose sight of the grand object of obtaining very considerable amendments and alterations which we consider essential to preserve the peace and harmony of the Union and those invaluable privileges for which so much blood and treasure have been recently expended.
“2d. Resolved, that it is necessary to obtain a speedy revision of said Constitution by a general convention.
“3d. Resolved that, therefore, in order to effect this desirable end, a petition be presented to the Legislature of the State requesting that honorable body to take the earliest opportunity to make application for that purpose to the new Congress.”
Thus it appears that if Mr. Gallatin went to this conference with the object indicated in his first draft, he abandoned the scheme of a national organization for a reform of the Constitution, and greatly modified his attitude towards the Constitution itself before the conference adjourned. The petition, with which the report closed, recommended twelve amendments, drawn from among those previously recommended by Massachusetts, Virginia, New York, and other States, and containing little more than repetitions of language already familiar. How far Mr. Gallatin led or resisted this acquiescent policy is unknown; at all events, it was the policy henceforth adopted by the opposition, which readily accepted Mr. Madison’s very mild amendments and rapidly transformed itself into a party organization with hands stretched out to seize for itself these dangerous governmental powers. But Mr. Gallatin never changed his opinion that the President was too powerful; even in his most mature age he would probably have preferred a system more nearly resembling some of the present colonial governments of Great Britain.
In the course of the next year the Legislature of Pennsylvania summoned a convention to revise the State constitution. There was perhaps some ground for doubting the legality of this step, for the existing constitution of 1776 gave to the Council of Censors the power to devise and propose amendments and to call a convention, and the Assembly had properly nothing to do with the subject. Mr. Gallatin held strong opinions upon the impropriety of obtaining the desired amendments by a process which was itself unconstitutional, and he even attempted to organize an opposition in the western counties, and to persuade the voters of each election district to adopt resolutions denouncing the proceeding as unconstitutional, unnecessary, and highly improper, and refusing to elect delegates. Early in October, 1789, he wrote to this effect to the leading politicians of Washington and Alleghany Counties, and, among the rest, to Alexander Addison, who was a candidate for the convention, and whom he urged to withdraw. A part of this letter, dated October 7, ran as follows:
“Alterations in government are always dangerous, and no legislator ever did think of putting, in such an easy manner, the power in a mere majority to introduce them whenever they pleased. Such a doctrine once admitted would enable not only the Legislature but a majority of the more popular house, were two established, to make another appeal to the people on the first occasion, and instead of establishing on solid foundations a new government, would open the door to perpetual changes and destroy that stability so essential to the welfare of a nation; as no constitution acquires the permanent affection of the people but in proportion to its duration and age. Finally, those changes would, sooner or later, conclude in an appeal to arms, – the true meaning of those words so popular and so dangerous, An appeal to the People.”
Mr. Gallatin’s opposition came too late. His correspondents wrote back to the effect that combined action was impossible, and a few days later he was himself chosen a delegate from Fayette County to this same convention which he had felt himself bound in conscience to oppose. This was in accordance with all his future political practice, for Mr. Gallatin very rarely persisted in following his own judgment after it had been overruled, but in this instance his course was perhaps decisively affected by the sudden death of his wife, which occurred at this moment and made any escape from his habitual mode of life seem a relief and an object of desire.
The convention sat from November 24, 1789, till February 26, 1790, and was Gallatin’s apprenticeship in the public service. Among his papers are a number of memoranda, some of them indicating much elaboration, of speeches made or intended to be made in this body; one is an argument in favor of enlarging the number of Representatives in the House; another, against James Ross’s plan of choosing Senators by electors; another, on the liberty of the press, with “quotations from Roman code, supplied by Duponceau.” There is further a memorandum of his motion in regard to the right of suffrage, by virtue of which every “freeman who has attained the age of twenty-one years and been a resident and inhabitant during one year next before the days of election;” every naturalized freeholder, every naturalized citizen who had been assessed for State or county taxes for two years before election day, or who had resided ten years successively in the State, should be entitled to the suffrage, paupers and vagabonds only being excluded. Gallatin seems also to have been interested, both at this time and subsequently, in an attempt to lessen the difficulties growing from the separation of law and equity. On this subject he wrote early to John Marshall for advice, and although the reply has no very wide popular interest, yet, in the
