In a day or two he was hard at work again fighting the last desperate battle. The oppositionists had brought forward a new form of conditional ratification, with a bill of rights prefixed, and amendments subjoined. This, it would seem, was their proudest achievement, and, in a long and adroit speech, Melancthon Smith announced it as their final decision. That was at midday. Hamilton rose at once, and in one of the most brilliant and comprehensive speeches he had yet made, demonstrated the absurdity of conditional ratification, or the power of Congress to indorse it. It was a close, legal, and constitutional argument, and with the retorts of the anti-Federalists occupied two days, during which Hamilton stood most of the time, alert, resourceful, master of every point of the vast subject, to which he gave an almost embarrassing simplicity. On the third day occurred his first signal triumph and the confounding of Clinton: Melancthon Smith stood up and admitted that Hamilton had convinced him of the impossibility of conditional ratification. Lansing immediately offered as a substitute for the motion withdrawn, another, by which the State ratify but reserve to itself the right to secede after a certain number of years, unless the amendments proposed should previously be submitted to a general convention.
Adjournment followed, and Hamilton and his leaders held a long consultation at the Livingston mansion, as a result of which he wrote that night to Madison, now in New York, asking his advice as to the sort of ratification proposed by the enemy. It was a course he by no means approved, but it seemed the less of two evils; for if, by hook or crook, the Constitution could be forced through, the good government which would ensue was bound to break up the party of the opposition. He had a trump, but he hesitated to resort to a coercion so high-handed and arbitrary. His supposed monarchical aspirations were hurled at him daily, and he must proceed with the utmost caution, lest his future usefulness be impaired at the outset.
Madison replied at once that such a proposition could not be considered, for only unconditional ratification was constitutional; but before his letter arrived Hamilton and Smith had had another hot debate, at the end of which the anti-Federalist leader declared himself wholly beaten, and announced his intention to vote for the unconditional acceptance of the Constitution.