Miracle at Philadelphia
by
Catherine D. Bowen
Part I: Divisive Issues that Threatened the Union
Page Contents
|
FUTURECASTS online magazine
www.futurecasts.com
Vol. 8, No. 5, 5/1/06.
A remarkable "spirit of compromise" was also present - emanating from the widespread belief that the young, fragile Union was in peril - its fate in the hands of the men at the Convention. |
Bowen presents the men at the Convention, with
their differing manners, circumstances, prejudices, and their varying personal
and sectional interests: "South against North, East against West, merchant
against planter." However, a remarkable "spirit of compromise"
was also present - emanating from the widespread belief that the young, fragile
Union was in peril - its fate in the hands of the men at the Convention. |
The Constitution of the United States is now the oldest and most successful national constitution in the world. (The Massachusetts constitution - drafted by John Adams - is the oldest existing constitution.) Henry Steele Commager provides an introduction for Bowen's book in which he sums up the accomplishments of the Convention - most of them unique at that time.
|
They already had a heritage of political freedom - the common law - economic freedom - and the rights of Englishmen running back to the earliest settlements in the 17the century. |
The 55 men who at various times attended the
Convention were sent by 12 of the 13 states. Rhode Island did not
participate. |
The national government was broke and broken. Its
"requisitions" were paid by some states that deeply resented those
that didn't. "The Confederation, resting only on good faith, had no
power to collect taxes, defend the country, pay the public debt, let alone
encourage trade and commerce."
But Maryland and Virginia had a quarrel over navigation
of the Potomac River. They decided to bring their dispute to George Washington in Mount Vernon.
When neighboring states expressed interest in the matter, the result was a
meeting in Annapolis, Maryland, to discuss the subject.
States imposed tariffs and passport duties on the
commerce of other states. "The little states feared the big states and
hated them." The bigger states were having trouble maintaining control over
their western regions. |
Madison was making himself the intellectual force that would drive the Convention. |
Shay's Rebellion in 1786 started with about 2,000
indebted farmers in western Massachusetts protesting mortgage foreclosures and
higher taxes caused by the post-Revolution depression. Although quelled
militarily, it had ultimately resulted in
Massachusetts acceding to the rebel's demands for more lenient laws, Bowen points out. There was unrest in Maryland
and populist excesses in the governments of Rhode Island and Pennsylvania. The propertied men who attended
the Convention felt themselves vulnerable. |
Madison sought widely for books on political philosophy and government. Jefferson sent him hundreds of volumes from Europe - many of them multi-volume tomes.
Madison analyzed and critiqued prior confederacies. He
concluded that the national government must have "positive and complete
authority in all cases where uniform measures are necessary," and must have
"a negative" over the acts of the states. |
|
The opposition included Sam Adams and Patrick Henry - two of the firebrands of the Revolution. |
The difficulties that lay ahead both at the Convention and during the ratification process were fully understood by Washington and Madison. The opposition included Sam Adams and Patrick Henry - two of the firebrands of the Revolution. John Adams described such men as being better at tearing down than building something up. The likelihood and implications of failure were all too real and strengthened the resolve to drive ahead.
With Washington presiding, and Madison and Hamilton and
many others determinedly driving the process, that seriousness and concentration
on practical results would pervade the Convention. |
The limited authority granted to the Convention by the Confederation Congress was to meet in convention "for the sole and express purpose of revising the Articles of Confederation." |
The most populous states were Virginia,
Pennsylvania and Massachusetts. The largest towns were Baltimore with about
13,000 inhabitants, Boston with about 18,000, and New York - still showing the
affects of the Revolutionary War - with about 33,000.
The Philadelphia State House was commodious and cool in the mornings,
but oppressively hot by the afternoons. Open windows invited an invasion of
insects and so was avoided. |
"In London, John Adams had recently been told that His Majesty's government could negotiate only with the thirteen separate states, the Confederacy having proved unreliable." |
The delegates were aware of the need for extensive revision.
Another nagging problem was the expense of attendance at the
Convention. Many of the delegates were rich in lands but poor in cash. Some of
the apparently wealthiest - men like Pennsylvania delegates James Wilson, Gouverneur Morris and Robert
Morris - were actually on the verge of bankruptcy. The paper
currencies of several of the colonies were worthless in Pennsylvania, and
delegates had to repeatedly plead with their state governments for additional
funds to cover their expenses. |
The Articles of Confederation had taken five years to write and ratify, and all the old problems remained. The small states demanded that
each state have one vote. They had no intention of being dominated by the larger
states. Southern planting interests conflicted with northern merchant
interests. Questions about the regulation of the Western Territories remained.
And there was another problem - one already recognized as the most explosive of
all - slavery. & |
Practical matters were the concerns of these men. They would debate "the rights of states, but not the rights of man in general."
They believed in republican principles, but sought to separate republican governance as much as possible from the immediate influence of the public. |
The Convention never dwelled long on theory, Bowen points out. Ideals
and theory had been resolved in July, 1776. Practical matters were the concerns
of these men. They would debate "the rights of states, but not the rights
of man in general." They were concerned with the practical aspects of a
working government. When they discussed political power and government
authority, it was "in terms of what was likely to happen to Delaware and
Pennsylvania, New Jersey or Georgia." Experience, not pure reason or
theory, was their
guide. |
Belief in systems of political freedom did not
divide along class lines, the author points out. Virginia grandees like the slave-owning Thomas
Jefferson and George Mason - a planter with about 200 slaves who was already a long-time abolitionist - ardently believed
in popular government, as did the wealthy businessman Benjamin Franklin, while
men of lesser means like the merchant Eldridge Gerry (Mass.) - a firebrand of
the Revolution - and Roger
Sherman (Conn.) - a shoemaker - feared it. |
The extent of the reform plans of Hamilton and Madison were not
immediately apparent to the delegates. Some would be stunned as these proposals
were presented. However, ultimately, only three of those present at the signing
would refuse to sign the finished document - and only four of those absent are
known as opponents who would have refused to sign. |
|
Matters once voted upon could be subsequently taken up for reconsideration - a time consuming but most useful provision in assuring the broadest possible support for the finished document. |
After reading credentials, the rules of the Convention were
established. Speakers would address their remarks to the president - no
distractions were permitted during delegate speeches - all
attention would be directed towards the speaker - nobody would speak more than
twice on any matter without special leave - and will not speak a second time
until all who desire to speak have had their first chance.
|
Defining "federal," "national," and "supreme:" |
The Convention formed itself into a Committee of the
Whole House the next day, May 30th, to discuss matters informally and
without binding votes. Nathaniel Gorham (Mass.), not Washington,
presided over these sessions. Three of the Resolves were discussed. |
Gouverneur Morris (Pa.) supported the Resolve, but questioned how both national and state governments could both by "supreme." |
Randolph began by proposing "a national government, consisting of a supreme legislative, executive and judiciary." He asserted that a merely federal union of states would not do
The debate was launched - and would continue for days to come. Some expressed immediate hostility and others acclaimed national supremacy as necessary. Gouverneur Morris (Pa.) supported the Resolve, but questioned how both national and state governments could both by "supreme."
|
The term "federal," Bowen explains, was being used differently at that moment as government comprised of states, not their people.
|
The legislature: |
Discussion turned to the allocation of
representatives and their election. How should the
vote be apportioned - by population or property? Should the senate be elected by the state legislatures? |
The Committee of the Whole adjourned at the end of the month, having agreed to two of the Resolves and a part of the third.
|
The chief executive: |
Resolve 7, the national executive, was
discussed by the Committee of the Whole on June 1. It was only much later that
they referred to the national executive as the "President." |
Wilson explained the need for energy, dispatch and responsibility in a chief executive.
Roger Sherman (Conn.) declared in opposition that the executive should be "nothing more than an instrument for carrying the will of the legislature into effect." He should be appointed by the legislature. The legislature should be "the supreme will of society."
Despite the recent revolution, all delegates recognized that the English government and common law comprised the freest system on earth. |
A "vigorous executive" was urged by Charles Pinckney (S.C.).
James Wilson (Pa.) followed urging an individual
chief executive.
Despite the recent revolution, all delegates recognized that the English
government and common law comprised the freest system on earth. |
A veto power could be used to gain increases in power over that of the legislature. |
Resolve 8, the veto power over legislation soon was added into
the debate, with some who favored a strong, individual executive nevertheless
opposed to the veto. In the Convention, the presidential veto was called
"the executive negative." |
The discussion turned to impeachment provisions and other
methods of legislative control. Everybody knew who would be the first chief
executive and had confidence in him. He was presiding at the Convention and sat
- impassively - as a delegate with the Virginia delegation - as the debate about
the chief executive continued during the proceedings of the Committee of the Whole. But who would come after Washington? And what if the chief executive were
to become incapacitated? Franklin thus favored a plural executive. |
|
The veto power was accepted subject to overrule by supermajority vote in Congress. |
Resolve 8 - The executive veto - suggested that "a
convenient number of the National Judiciary" be involved in the exercise of
the veto "to revise the laws" when necessary. But, Rufus King (Mass.) asked, if judges were already charged with examining the
constitutionality of the laws, how could they also be charged with making them?
Even the negative power of veto would raise a conflict between these two duties.
Dickinson (Del.) agreed that the judiciary and executive functions must remain
separate. |
The judiciary: |
Resolve 9 on creation of inferior courts was
discussed on June 5. |
Should judges be appointed or elected? If appointed, by whom -
the executive or Congress - and under what procedure? What powers should the
national judiciary have in the states? |
New states, state governments, Confederation Congress, amendments, oaths of office, ratification: |
The remaining six Resolves were then plowed through by the Committee of the Whole.
|
Madison viewed popular ratification as essential. If the Constitution was to be more than a mere treaty between sovereign states, it must be approved by the source of all sovereign power, the people themselves. |
Should the ratifying process involve state legislatures or
conventions of popularly elected representatives? What should be the role of the
Confederation Congress? |
Representation in the legislature: |
Resolve 4 - representation
in the legislature - the thorniest problem that had to be resolved - was
revisited on June 6 by the Committee of the Whole. |
The people must play a significant role in the selection process if national government was to benefit from popular support. |
Opposition to representation based on population came, of
course, from the smaller states, and also from those who distrusted popular
governance. They advocated election by state legislatures. However, they were
aware that the people must play a significant role in the
selection process if national government was to benefit from popular support. The
extent of suffrage came up for discussion. |
"[Every] one, by his property, or by his satisfactory situation, is interested in the support of law and order."
"In the end the United States Constitution required no property qualifications for the men who were to govern the country, whether senators, judges or chief executive." |
"Property" as a qualification for suffrage and office holders was widely supported. Bowen explains that property was abundant and labor scarce in 18th century America. Indeed, property rights were widely recognized as the essential basis for maintaining individual liberty and pursuing "happiness." There was no excuse for indigence. Anyone lacking property or other substantial means of self support - anyone that didn't qualify as "respectable 40 shilling freeholders" - simply hadn't tried. And, such people could not be trusted with political influence or office.
The Convention was, of course, not influenced by anything like modern sensibilities. Property redistribution and social philosophy played no role in their deliberations. Charity was a local concern. Practical questions of governance, the maintenance of order and the safeguarding of people and their property were their immediate concern, Bowen explains.
Moreover, most of the delegates had investments in the public debt.
These securities would rise in value under a stronger government.
|
The argument for popular election of legislators was put best by George Mason (Va.).
Then, surprisingly, George Read from the small state of Delaware
disputed the need for concern about the prerogatives of the state governments.
The Convention "must look beyond their continuance." Ultimately, state
authority would be swallowed up by the national government. The Confederation
was beyond repair. A new effective system of government must be established lest
we "go to ruin or have the work to do over again." |
The Senate: |
Resolve 5 - the Senate - was taken up the next day. |
In recognition of the continuing role of the states, Senators should be appointed by the state legislatures. |
Should selection be by popular election, election by state
legislatures, appointment by the national executive, or by the House of
Representatives? |
The legislative veto over state laws: |
Resolve 6 - veto power of the
national legislature over state laws - was taken up on June 8. |
Seven small states voted against the legislative veto. It would not be reconsidered. |
Debate was heated. Small state
delegates were emphatic in their rejection of being placed at the mercy of a
distant national government possibly controlled by several large states. Bowen
reminds us of the distances and difficulties of travel between the states. Mail
traveled faster to Savannah, Georgia from London than from Boston. |
Representation: |
Resolve 4 - representation in the national
legislature - was again considered on Saturday, June 9. |
Again, it was little states against big states. Delegates from
New Jersey - David Brearley and William Patterson - reminded the Convention that
they met under the auspices of an Act of the Confederation Congress: "For the
sole and express purpose of revising the Articles of Confederation." The
Convention had "no power to go beyond the federal scheme," they
insisted, and if it does, the results would be rejected by the people. The
people "are not ripe for it." The big states could unite under such
circumstances if they wished. The small states would never join. |
|
Washington's letters reflected his gloomy outlook. Mason's letters reflected the awareness of the vast impact on posterity of success or failure of the Convention and the government it might establish.
"A sense of destiny is no comfortable thing, nor does a man feel easy when he confesses that posterity will bless or curse him for what he is about to do or leave undone." |
The Committee of the Whole House adjourned at noon
for the weekend. Huge problems remained. How would western people vote? How
would slaves be counted in the franchise? The issues involving slavery were yet
to be even initially considered. |
The Connecticut Compromise:
& |
Roger Sherman (Conn.) offered his fateful compromise on representation in the legislature on June 11. As Madison recorded it:
|
Since slaves are used like horses and cattle and counted as property and wealth in the south, why not count horses and cattle in the north? |
This solution to the problem had been offered as far back as 1776,
when the Continental Congress was drafting the Articles of Confederation. It was
not accepted then - and it was not immediately accepted now. |
The suffrage would be in proportion to the "whole number of white and other free citizens and three-fifths of all other persons except Indians not paying taxes - - -." |
Wilson then proposed the "three-fifths rule." This
had been proposed by the Confederation Congress back in 1783. The suffrage would
be in proportion to the "whole number of white and other free citizens and
three-fifths of all other persons except Indians not paying taxes - - -."
The "all other persons" of course were slaves.
Franklin's address continued at length, offering a possible
wealth-based plan for suffrage. By the time it was finished, tempers had cooled.
Sherman asked for a vote on his motion. It lost narrowly 6-to-5. The vote for
proportional representation for both houses won narrowly 6-to-5 - but it would
be reconsidered. |
Philadelphia was plagued by a heat wave and insects
which forced everyone to keep their windows shut. Bowen goes at some
length into the depressing conditions endured by the delegates. However,
there were also fireflies and hummingbirds, and the delights of the
countryside that began just after Ninth Street. The Convention plowed
along through June. |
|
Other characteristics of the legislative bodies had to be determined.
Madison, too, favored longer terms in order to give stability to the government. Instability had long been the bane of republican forms of government.
|
The New Jersey Plan: & |
By June 13, all of the Virginia Resolves - now
numbering 19 along with many subdivisions - had been discussed. Some had
been approved, others voted down. The Committee of the Whole House was ready
with its report. An official vote was expected on June 14. |
On June 14, however, time was requested and granted for preparation of an alternative plan offered for the small states by New Jersey.
A long hard contest over the nature of the union was expected by all.
On Friday, June 15, William Patterson (N.J.) presented the New Jersey plan. On
Saturday, the delegates began hearing the contrasting resolutions suggested by
the two plans. |
The New Jersey Plan
affirmed the Articles of Confederation
"revised, corrected and enlarged as to render the federal Constitution
adequate to the exigencies of Government and the preservation of the
Union." The sovereignty of the states would be preserved. It included a
unicameral legislature of narrowly limited jurisdiction in which each state had
one vote. There would be multiple executives who could be removed by majority
vote of the legislature. Small minorities could hold up action, and there would
be no national judiciary. |
|
Wilson conceded that the Convention was not authorized to do anything - but insisted that it could propose anything. |
Wilson responded by first outlining the differences between the two plans - resulting in a flurry of note taking by the delegates. Then, he conceded that the Convention was not authorized to do anything - but insisted that it could propose anything. He rejected the facile conclusion that popular opinion opposed a national government, and warned against inferring general opinion from the opinion of one's own circle. He was not convinced that the state governments were so widely beloved by their people, and that a national government so widely detested, as assumed by Patterson.
Opponents of the New Jersey Plan then emphasized the importance of
dealing with the recognized evils that had led to the Convention, and of
proposing whatever was needed to save the Republic. Only a properly constituted
national government could suffice. Randolph (Va.) concluded that failure at this
moment would cause the people to "yield to despair." With that warning
- to be frequently repeated during later sessions, the Convention adjourned for
the weekend. |
Hamilton speaks: |
Hamilton addressed the
delegates on Monday, June 18 - for six hours. |
Hamilton was "brilliant, daring, politically ruthless," Bowen tells us. He was widely admired and supported - and even more widely feared and detested.
Hamilton proposed a national government far stronger than even under
the Virginia Plan. He proposed a single executive - "the governor" -
chosen for life by electors and having an absolute veto over legislation.
Senators also would serve for life, while a lower house would be popularly
elected for 3 year terms. State governors would be appointed by the national
government. It was frankly modeled on the British government that Hamilton
greatly admired. |
|
The patience with which Hamilton's address was received was a remarkable testament to the civility that permeated the Convention. The speech was simply too radical, too extreme, too unsupported to require rebuttal. |
Hamilton was permitted to speak without interruption. He was
likely antagonizing every small state delegate at the Convention and distressing
most of the others. Instead,
Hamilton was widely praised - and his proposals simply ignored! It was a
remarkable testament to the civility that permeated the Convention. The speech
was simply too radical, too extreme, too unsupported to require rebuttal. |
The Senate:
& |
The suffrage issue was put aside in favor of focus
on less controversial issues. How should pay be set? Should members of Congress
be permitted to hold executive offices during their terms as in Parliamentary
systems - and as in some states at that time? Wasn't Washington made Commander
in Chief of the Continental Army while a member of the Continental Congress? But
wouldn't that give Congress direct control over executive agencies? |
It was agreed that bills could originate in either house and members could serve as state officials but not in the national government. |
The Convention decided that Senators could be chosen by state
legislatures - thus easing fears that the national government would not have
sufficient concern for state interests. Senators must be 30 years of age. After
voting against a 9 year term, the term was set at 6 years with one-third of the
Senate standing for election every two years. The term of representatives in the
lower house had been set earlier at 2 years. |
Representation - again:
& |
The question of suffrage in the lower house
at last had to be faced. On June 27, Luther Martin (Md.) got the Convention off
to a bad start on this intractable issue by speaking interminably - for two days
- against the Virginia Plan. Then others joined in, airing a multitude of views
as the hot days passed away, and the disagreement became more entrenched and
heated. |
Franklin: "We shall be divided by our little partial local interests; our projects will be confounded and we ourselves shall become a reproach and bye word down to future ages." |
Then, Franklin addressed the Convention. He recommended prayer and warned that without God's aid, the Convention might fail.
Franklin's address reminded the delegates of the solemnity and importance of
the Convention's deliberations. Even the firebrand, Gerry (Mass.), now decried
the contentiousness of the delegates. Gorham (Mass.) vowed to stay the course as
long as even one other state continued to try to reach an agreement on a plan to
be recommended to the people. Mason (Va.) - although a stalwart opponent of the
Virginia Plan - proclaimed he would die in
Philadelphia rather than leave without some solution. |
Madison and Wilson insisted that equality of representation was unjust.
Franklin: "[Both] sides must part with some of their demands in order that they may join in some accommodating proposition." |
However, the suffrage issue remained deadlocked through several
votes. The
Connecticut Compromise was submitted for the third time, but voted down by the
large states. Madison and Wilson insisted that equality of representation was
unjust. The debate again became heated. Franklin again urged compromise.
"[Both] sides must part with some of their demands in order that they may
join in some accommodating proposition." |
Gerry: "If we do nothing, it appears to me we must have war and confusion." |
Physical foreign intervention and meddling through bribery was
a fear hitherto unspoken at the Convention, but now brought into the room. The European
powers inevitably engaged the interests and exercised influence in the small new nation. All of Europe's recent wars had had their
military counterparts in the colonies - King William's War, Queen Anne's War,
King George's War. "Struggle as they might to be free of 'foreign
entanglements,''' Bowen points out, "the states would never be free." |
Please return to our Homepage and e-mail your name and comments.
Copyright © 2006 Dan Blatt