In
quite an irony, the US Constitution
was voted unanimously into power in the fall of 1787. Then on Dec. 15, 1791 the
Bill of Rights was passed by Congress. And the guy most responsible for this didn’t even like the Constitution.
Bill of Rights was passed by Congress. And the guy most responsible for this didn’t even like the Constitution.
The Articles of Confederation
governing federal obligations and taxes was a flop. It couldn’t raise money or secure the border
or make peace with Indians. In January
1787, James Madison, Washington’s most trusted wartime aid, wrote his old boss
saying that he thought he had worked out a compromise, “some outlines of a new
system”. Government would have clearly stipulated powers, the legislature would
be divided into two branches, and there would be a national executive. “A
republic, if you can keep it,” quipped Benjamin Franklin. That same month, Abraham Yates was elected as part of
the New York delegation to Congress.
Yates was no newcomer. Born a
lowly shoemaker, he had self-taught himself law and run successfully for office
in Albany even before the French and Indian War (1754-63). He championed the common man against the big
Dutch landowners. A founder of Sons of
Liberty, he was one of the earliest to demand the British uphold rights of
subjects. He was an early voice for Independence. He’d raised money for the Continental
Congress to pay soldiers and worked to bring civilians into the conflict resulting
in the stunning rout at Saratoga in which half the British North American force
surrendered. Yates was such a hero, his
son, nephew and son-in-law were all elected to the Continental Congress, ‘the
party of Yates’. But in 1787, he was
called out of retirement at age 62, suffering from gout and a heart condition
to go to Philadelphia in May to look at a new constitution. Yates was staunchly
pro-state sovereignty (anti-federalist) and liked the Confederation.
But the biggest federalist of them
all was Alexander Hamilton from Manhattan. He, Massachusetts, and the Virginia
delegation wanted the Republic and had secretly written much of the new
document. The convention went chaotic for a time, but a compromise was reached
to make the House apportioned and the Senators appointed by states. And the
slave issue was fixed so that states with slavery would not be dominatingly
big. Slaves were counted as 3/5. [Moderns
often misunderstand this issue. Nobody
in 1787 had ever successfully sustained a republic. They took cues from monarchies where only
landed gentry could vote or hold office.
Women were considered ‘dependents’ like slaves. Southern tobacco
plantations were considered enlightened compared to Caribbean sugar
plantations, where slavery was close to a death sentence. We’ve come a long
way.] Despite Yates’ NO vote, the Constitution passed and went to the states
for ratification. Through the summer, 10 states did so, leaving crucial New
York and anti-federalist Yates.
Hamilton, Madison and Jefferson
began authoring “The Federalist Papers”, a series of articles to sway NY farmers
to approve the new Constitution. And then they blindsided the old man
politically by promising to amend with a Bill of Rights. Yates finally agreed. The offer worked; NY ratified. What Yates feared most was a federal
government that would establish Anglicanism rather than religious
tolerance. It was here that his nemesis
but fellow committed Christian, Hamilton, agreed wholeheartedly and came to see
him. The very first amendment would be
about freedom of faith. For free exercise of faith and truth is the basis of
Liberty. Yates agreed that the NY
delegation should act in unity. He was
finally won over and signed his name to the Constitution as head of the NY
delegation. Hamilton watched him sign with
a huge smile. Then on December 15, 1791, the Bill of Rights was ratified by the
states. And they begin, “Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of people peaceably to assemble, and
to petition the Government for a redress of grievances.” Don't tell me faith had nothing to do with the Constitution.
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