Posted by
Glenn Flowers on Tuesday, July 21, 2009 2:39:18 AM
I have spent the last week or so in an attempt to write a summary of the work and tenor of the Federal Convention of 1787. Any serious description of it would require many, many more words than I have dared to use. So, take the following as an overall observation of the three and a half months of that convention and the attitudes that prevailed. The source for this post is Madison's Notes On the Constitutional Debates of 1787.
E PLURIBUS UNUM
The Making of a Nation
The United States of America is, arguably, the premier example of individual liberty, overall freedom, tolerance, economic viability, and technological innovation in the history of mankind. It owes these exceptional traits to the principals of inalienable rights of the individual to life, liberty, and the pursuit of one’s goals in life. Even though there had been in history leaders and governments that had recognized these basic principals, no system of authority had ever guaranteed and protected these liberties as inherent to man, and no such system had ever been created by the very people who would be the objects under that authority. For a government to be central and have an equal and stabilizing effect on all people, and to be limited in its authority and, in some aspects, subservient to the local authorities that had created it, an entirely new and unproven architecture of governence was necessary.
Those delegates who comprised the convention held in 1787, met for the purpose of revising and ammending their confederation’s constitution to make it possible for that confederation to succeed in the tasks that it had been created to perform. No authority to collect taxes, enforce laws of the union, regulate the actions between states, all rendered that confederation impotent leaving the people vulnerable to those perils the union intended had been created to avoid.
The Federal Convention of 1787 was called with great expectations. But even before the first meeting of that convention problems arose that would portend the mood of the next three months. Having been scheduled to convene on May 14, there were only five states whose delegates had arrived by that date. Not being a majority number, they were forced to await the arrival of more delegates. It was not until the 25th that enough of the delegates to constitute a majority of states were present. This, also, had been a major factor in the decision to hold the convention in the first place, the lack of participation in the business of the confederation had made the acts of doing its work impossible most of the time.
Once convened, the problems continued. The failure of some delegates to conduct the business of the convention in accordance with the established protocols caused delays and excited emotions serving to build animosities between the delegates. Any hope for a solution resulting from common need, unity in purpose, national pride, or sense of duty was dashed. Instead, dissension, paranoia, self interests, and jealousy all plotted to divide the convention against itself and send the delegates home with no solution to their needs.
Having rid themselves of a destructive and tyranical king, the states of America had a huge pride in their independence and self reliance. That all of them had instituted state legislatures and constitutions were testimony to that insistance on self determination. That need for freedom from excessive intervention on their lives was carried into the convention where it was met with an opposing philosophy on what was required in a central or national union. There were present men who were educated and experienced in the means of government who held the belief that no two authoritative entities could suffer the existence of the other. In their minds it was not the way governments were known to operate effectively. The main authority, they contended, had to be sovereign and its powers absolute. Any lesser bodies must exist only for those small and insignificant purposes to which the main body had no compunction to address. Mr. Randolph, Alexander Hamilton, and Mr. Mason were among these.
Over the life of the convention proposals for ammendments to the confederation’s constitution, and for replacing that with a new more effective construct were many and varied. A system of, by, and for the people was not even imagined at first.
Mr. Randolph of Virginia had proposed a plan to be used as a template for constructing a national union. It came to be known as the Virginia Plan. It was the object of most of the debate during the convention. Its articles and clauses were not agreeable to all.
The insistance of many for a government sensitive to the wants and desires of the individual and the separate states was met with equal demands for a strong, all powerful central authority. Motions were made by both factions only to have them rejected and previously rejected proposals resubmitted. Days, even weeks were spent on minute but relative details such as who would choose the members of the second legislative body, what would be the term of service for the executive magistrate, how many executives would there be, what would be the powers of the legislature, and what power would the states have over the main government.
There was never a moment during the convention that could be said to be a turning point. No man stood and spoke to the difficulties and inspired cooperation. No changing of a mind from its cherished ideals was evident. Rather it was because these men had the differences they did that the Constitution is what it is.
Objections to a particular clause, sentence or words of the plan were considered and the mind of the convention on it was determined. According to that determination the objection was ignored or a solution sought. With only the dedication to their purpose and the willingness to make small but reciprocal changes, the Constitution took shape as a unique document in governmental history, providing both a powerful and effective federal government capable of supplying the services needed by the individual states, and, at the same time, insuring those inalienable rights of individuals would not be trod upon. While granting powers to the main body, the states retained the residual powers to themselves. Due to hard work, a commitment to their purpose, and a love of freedom the convention had, amazingly, produced a result generally accepted by all.
If viewed in the perspective of the attitudes presnt in the beginning versus the same in the end, it is obvious that a maturing had occurred in many delegates. It is also apparent that a conciliatory nature had been fostered in the personalities of those who had been arrogantly confident in their formal knowledge and a realization by them that they were, in this endeavor, making history. Mr. Hamilton is particularly evident of this evolving nature.
On September 15, 1787, with a few members still having objections to several items, the motion to put the draft of the constitution to a vote for approval was made and seconded. The vote was unanimous among the states with only a few delegates in the negative.
It was then ordered that the document be professionally engrossed.And they adjourned
Monday, September 17, the engrossed Constitution was read. Benjamin Franklin then rose to speak.
Having been a consistant source of moderation and a voice of the people, Benjamin Franklin was aware of what they had accomplished and the obstacles they had overcome. Knowing the nature of men, he offered the following to the convention…
Mr. President;
I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said "I don't know how it happens, Sister but I meet with no body but myself, that's always in the right-Il n'y a que moi qui a toujours raison."
In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats.
Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administred.
On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.-
He then made a motion that all the members sign the document and proposed the style of it.
Even then, after the Constitution had been voted on and approved, after the passionate request made by Franklin, there were those who still harbored a divisive nature. Mr. Randolph, who had provided the Virginia Plan which, when generously ammended, had become the Constitution, apologized for his refusal to sign the Constitution. He claimed that his refusal did not mean that he opposed it, but meant to keep his options free. He said that he believed the alternative which the Constitution provided to his original plan and the Articles of Confederation would not be acceptible to the people, as written. He had, despite the nature of the Virginia Plan, been among those who wished to diminish the power of states in defference to the federal government. Mr. Gerry also decided not to sign. He stated his belief that the inadequacies of the federal government would be the cause of a civil war, beginning in Massachusetts. Mr. Mason refused to sign and had given his reasons previously.
Mr. King then suggested that he journal of minutes should either be destroyed or given to Gen. Washington. He believed that if it were to become public it would be used for bad purposes by those who might become opponents of the ratification of the Constitution.
It was decided that the journal would be given to Gen. Washington to care for until a session of the new congress, if ratified, could decide on its future.
The members then proceeded to sign the document. Then, the Constitution being signed, the convention dissolved itself by an adjournment sine die.
The work of the convention had been tedious, and the outcome was still in doubt. A letter was written submitting the Constitution to the Congress of the United States and suggesting it be sent to all the states for ratification by a convention of delegates chosen by the people. It also suggested that as soon as the ratification by nine states had been secured, a day should be appointed on which the electors would assemble to choose the president of the United States, and the date chosen for the opening of the first session of Congress.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution minus the Bill of Rights.
On September 25, 1789, two years after the Constitution was signed, Congress submitted to the states twelve proposed ammendments. Two of those dealing with congressional pay and representation were never adopted. The remaining ten ammendments became known as the Bill of Rights when Virginia became the ninth state to ratify them on December 15, 1791.
The creation of the Constitution by men of so many differing ideals and aspirations, and the ratification of it by states of differing sizes and with opposing needs and priorities is only capable of being defined as being, E Pluribus Unum, in the truest meaning of it.
Glenn Flowers