The Big Holdouts: Virginia and New York

Four states still remained outside the new union, and a glance at a map demonstrated the necessity of pressing the Federalist case in the two largest, Virginia and New York (see Map 8.3). In Virginia, an influential Antifederalist group led by Patrick Henry and George Mason made the outcome uncertain. The Federalists finally but barely won ratification by proposing twenty specific amendments that the new government would promise to consider.

New York voters tilted toward the Antifederalists out of a sense that a state so large and powerful need not relinquish so much authority to the new federal government. But New York was also home to some of the most persuasive Federalists. Starting in October 1787, Alexander Hamilton collaborated with James Madison and New York lawyer John Jay on a series of eighty-five essays on the political philosophy of the new Constitution. Published in New York newspapers and later republished as The Federalist Papers, the essays brilliantly set out the failures of the Articles of Confederation and offered an analysis of the complex nature of the Federalist position. In one of the most compelling essays, number 10, Madison challenged the Antifederalists’ heartfelt conviction that republican government had to be small-scale. Madison argued that a large and diverse population was itself a guarantee of liberty. In a national government, no single faction could ever be large enough to subvert the freedom of other groups. “Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens,” Madison asserted. He called it “a republican remedy for the diseases most incident to republican government.”

At New York’s ratifying convention, Antifederalists predominated, but impassioned debate and lobbying—plus the dramatic news of Virginia’s ratification—finally tipped the balance to the Federalists. Even so, the Antifederalists’ approval of the document was accompanied by a list of twenty-four individual rights and thirty-three structural changes they hoped to see in the Constitution. New York’s ratification ensured the legitimacy of the new government, yet it took another year and a half for Antifederalists in North Carolina to come around. Fiercely independent Rhode Island held out until May 1790, and even then it ratified by only a two-vote margin.

In less than twelve months, the U.S. Constitution was both written and ratified. The Federalists had faced a formidable task, but by building momentum and promising consideration of a bill of rights, they did indeed carry the day.

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