January it was unanimously resolved to call a Convention to consider the Constitution, and either ratify or reject it. But on the question, whether the Convention should assemble as early as the 12th of May, opinions were nearly equally divided. It was resolved in the affirmative, but only by a majority of one. Those who

favored a later day for the meeting of the Convention wished to know the result in other States, particularly in Virginia, before South Carolina determined to accept the Constitution.

The Convention assembled at Charleston on the 12th of May, 1788. It consisted of 236 members. Rutledge was among the number. The friends of the Constitution do not appear to have taken an active part in the debates. Rutledge did not address the Convention at all. His opinions, however, were well known; and his high character, his long services, his admitted abilities, without the aid of public speech, supported and enforced them. Besides, a large majority of the members were Federalists, and no discussion was necessary to ensure their suffrages for the Constitution. To gain time till the determination of Virginia could be known, General Sumpter, on the 21st instant, brought forward a motion for an adjournment to the 20th of the ensuing October. After an animated debate, it was rejected by a majority of forty-six. This vote was considered decisive in favor of the Constitution. When the result of the vote was announced,' says Ramsay, 'an event unexampled in the annals of Carolina took place. Strong and involuntary expressions of applause and joy burst forth from the numerous transported spectators. The minority loudly complained of disrespect-unpleasant consequences were anticipated. The majority joined with the complaining 1 236 members were appointed to the Convention, but only 222 attended.

If he did, no record of his speech has been preserved.

members in clearing the house, and in the most delicate manner soothed their feelings.'

On the 23d of May, the Convention assented to and ratified the Constitution, by a majority of sixty-seven. In the next chapter we shall see, that, on the organization of the Government, Rutledge was appointed to one of its most honorable departments.

CHAPTER XV.

ASSOCIATE JUSTICE OF THE SUPREME COURT.

CHIEF JUSTICE OF SOUTH CAROLINA.

1789-1795.

As the Constitution originally stood, the person having the highest number, and a majority of the whole number of electoral votes, was to be President.' 'Hence,' says Hamilton, 'it was deemed an essential point of caution to take care that accident or an intrigue of the officers of the government, should not raise Mr. Adams, instead of General Washington, to the first place. . . . . It was, therefore, agreed that a few votes should be diverted from Mr. Adams to other persons, so as to insure to General Washington a plurality. Great was my astonishment, and equally great my regret, when afterwards I learned from persons of unquestionable veracity, that Mr. Adams had complained of unfair treatment, in not having been permitted to take an equal chance with General Washington, by leaving the votes to an uninfluenced current.' 2

'But if there should be more than one having such majority, and also an equal number of votes, then the election devolved on the House of Representatives. The House were to choose one of the persons thus having a majority and equality of votes. If no person had a majority, then they were to choose from the five highest on the list. In every case, after the choice of the President, the person having the greatest number of electoral votes was to be the Vice-President.

Hamilton's Works, vol. vii., p. 692.

1

'What Mr. Adams complained of, and very reasonably too,' says his grandson, 'was the secret effort made to reduce the votes for him everywhere, to such a degree as to leave him the representative of a minority.' We do not think such was Hamilton's design. He wished merely to guard against the possibility of Adams receiving a plurality of votes. The latter, at this time, stood high in the affections of his countrymen. In weight and popularity he was second to Washington alone. The public voice, almost unanimously, designated him for the second position in the government. Hamilton could have no motive to act an unfriendly part towards him. They had never come into collision; indeed, they were, personally, strangers to each other. Mr. Adams' feelings, however, were deeply wounded in consequence of the large number of votes withheld from him; and he seems to have entertained the belief that Hamilton's object was to prevent his being chosen even Vice-President.

'Works of John Adams, vol. viii., p. 484.

2 In his Review of Hillhouse's propositions for amending the Constitution, submitted to the Senate of the United States in 1808, Mr. Adams thus refers to this irritating subject. Caucuses of patricians, and caucuses of plebeians, always prevailed in Rome, and in all other free countries. Our Revolution was effected by caucuses. The Federal Constitution was formed by caucuses; and the Federal Administrations, for twenty years, have been supported or subverted by caucuses. There is little more of the kind now than there was twenty years ago. Alexander Hamilton was the greatest organist that ever played upon this instrument. He made all the use he could of these bodies of Cincinnati and others, to prevent Mr. Adams from being chosen Vice-President. The reason of his antipathy I know not; for he had never seen him. He caused it to be propagated in the Northern States that Virginia would not vote for Washington; and in the Southern States, that New England would not vote for Washington; or, at least, that their votes would not be unanimous; at the same time, that there was a great probability there would be a unanimous vote for Adams; that, therefore, the electors must throw away so many of their votes that Adams could not have a majority, and, consequently, could not be President. If he believed one word of the apprehensions he propagated, it is very unaccountable; for there was a

South Carolina withheld her electoral votes from Adams, and bestowed them upon her own distinguished son, John Rutledge.'

2

We have seen elsewhere, that the Judiciary bill was approved the 24th of September, 1789, and provided for the appointment of a Chief Justice, and five Associate Justices, who were to constitute the Supreme Court of the United States. John Rutledge, James Wilson, William Cushing, Robert Harrison, and John Blair, were nominated as Associate Justices. They were confirmed on the same day, but were appointed in the order we have mentioned, and took precedence accordingly. Some of these gentlemen,' says Marshall, 'had filled the highest law-offices in their respective States; and all of them had received distinguished marks of the public confidence.'

Rutledge, notwithstanding his acceptance of this appointment, retained his seat on the equity bench of South Carolina; though he does not appear to have taken any part in the proceedings of that court after the December term, 1789. The first term of the Supreme Court was held at New York, in February, 1790. Rutledge was not

very great certainty in the public opinion that Washington would have a unanimous vote. At the second election, he was pleased to permit Mr. Adams to have a considerable majority as Vice-President.' Adams' Works, vol. vi., p. 543.

I find, on inquiry,' wrote Gerry to Adams, March 4th, 1789, 'that you are elected Vice-President, having three or four times the number of votes of any other candidate. Maryland threw away their votes on Colonel Harrison, and South Carolina on Governor Rutledge; being, with some other States which were not unanimous for you, apprehensive that this was a necessary step to prevent your election to the chair. In this point they were mistaken; for the President, as I am informed from pretty good authority, has a unanimous vote.' Adams' Works, vol. viii., p. 484.

2 Ante, p. 383.

4

3

They were confirmed Sept. 26th. Life of Washington, vol. ii., p. 170. Second Edition, 1834. 'See Desaussure's Reports, vol. i.