Formation of the Union, 1750-1829

EFERE

or, Narrative and Critical History, VII. 256-266; W. E. Foster, References to the Constituti

.-As in § 48 ab

ashington, II. ch. I.; J. Story, Commentaries, §§ 272-372; J. Schouler, United States, I. 31-70; Geo. Tucker, United States, I. 347-383; Justin Winsor, Narrative and Crit

liam C. Rives, James Madison, II. 313-633; H. L. Carson, One Hundredth Anniversary of the Constitution; J. B. McMaster, Pennsylvania and the Federal Constitution; John Fiske, Critical Period, 183-350; S. H. Gay, Madison, 88-127; J. C. Hamilton, R

-Journal of the Conven

rtin's letter, proceedin

es (5 vols.); H. D. G

.; brief references in

efferson; letters in the

Gerry; The Federalist.

tution of the United St

History told by Contemp

Literat

L CONVENTION A

A conventio

Annapolis C

Action of

f internal commerce caused Virginia to suggest to the sister States that a conference be held at Annapolis. The few delegates who appeared separated, after recommending that there be held "a convention of delegates from the different States ... to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate." Congress was no longer able to resist

Convention

included. Among them were Francis Dana and Elbridge Gerry of Massachusetts, Alexander Hamilton of New York, Benjamin Franklin of Pennsylvania, and James Madison and George Washingt

ES OF THE CONV

Task of the

the beginning was evidently resolved to recommend a new, elaborate, and powerful form of government. The key to this action is found in the history of the twelve years from 1775 to 1787. The country had tried a revolutionary, irresponsible, form of government, and it had not worked well. It had tried a union of sovereign States; neither the Union nor the States had prospered. The time had

Want of a

ation. They had no authority of their own. Their work must be submitted for the ratification of States which had been unable to agree upon a single modification of the articl

lan drawn by Madison, who had been in communication with Washington; it was presented b

te: Div

to a representation based on population; the latter insisted that the States should be equal units. Again, the trading States-New England, New York, and Maryland-were inclined to grant large powers over commerce; the agricultural States, particularly Virginia, wished to see commerce regulated still by the States in part. Another line of division was between the slaveholding and

S OF THE C

American

Americans. They had established and developed admirable little commonwealths in the colonies; since the beginning of the Revolution they had had experience of State governments organized on a different basis from the colonial; and, finally, they had carried on two successive national governments, with which they had been profoundly discontented. The general outline of the new Constitution seems to be English; it was really colonial. The President's powers of military command, of appointment, and of

: State e

his paper. The chief source of the details of the Constitution was the State constitutions and laws then in force. Thus the clause conferring a suspensive veto on the President is an almost literal transcript from the Massachusetts constitution. In fact, the principal experiment in the Constitution was the establishment

te: Nov

that the instrument framed for thirteen little agricultural communities works well for forty-four large and populous States. A second novelty was a system of federal courts skilfully brought into harmony with the State judicia

AT COMPROMI

State sov

a half: to leave it an assemblage of States, each claiming independence and sovereignty, was to throw away the results of the Revolution. The convention finally agreed that while

epresentatio

ould be in proportion to the population. Two days later, Patterson of New Jersey brought forward a plan satisfactory to the small States, by which the old plan of vote by States was to be retained, and the Confederation practically continued. For many days the two parties were unable to agree; the crisis was so serious that

epresentatio

12, the matter was adjusted by a compromise: the Southerners agreed to count slaves only at three fifths of their number, in apportioning both representatives

e: Slave

ipping; on the other hand, the South desired to continue the slave-trade. Pinckney declared that "South Carolina can never receive the plan if it prohibits the slave-trade;" and Sherman of Connecticut cynically remarked, "The slave-trade is

F THE CONSTIT

Difficult

instead, it was agreed that there should be a President elected by Congress; but almost at the last moment, on September 7, the better plan of indirect election by the people was adopted. At one time the convention had agreed

plicity of the

s, and their institution, with foreign treaties, were removed by the simple clause: "The Congress shall have Power ... to regulate Commerce with foreign Nations, and among the several Sta

te: Omi

vision for future annexations of territory. No safeguards were provided for the proper appointment and removal of public officers. The growth of corporations was not foreseen, and no distinct pow

The work

were affixing their signatures, Franklin remarked, pointing to the picture of a sun painted behind the President's chair: "I have often and often,... in the vicissitudes of my h

S OF RATIFICATI

Action of

Action of l

ures. The federal convention had determined that the consideration of its work should not depend, like the Articles of Confederation, upon the slow and unwilling humor of the legislatures, but that in each State a convention should be summoned solely to express the will of the State upon the acceptance of the Constitution. It had further avoided the rock upon which had been

he Constitut

and that several influential members had left, or at the last moment had refused to sign. "The people of this commonwealth," said Patrick Henry, "are exceedingly uneasy in being brought from that state of full security which they enjoyed, to the present delusive appearance of things." A special objection was made to the lack of a bill of rights, such as existed in State constitutions. The reply was that the framers of the Constitution had deliberately omitted it because Congress was in no case to have powers not

eralists and A

ed national party. A shower of pamphlets on both sides fell upon the country. Of these the most famous and most efficacious was the "Federalist," successive numbers of which were contributed by Hamilton, Madison, and John Jay. With a calmness of

ONVENTIONS

First nin

Union: they were Massachusetts, Virginia, New York, and North Carolina. In the convention of each of these States there was opposition strong and stubb

the minority; John Hancock was put out of the power to interfere by making him the silent president of the convention. It was suggested that Massachusetts ratify on condition that a long list of amendments be adopted by the new government: the friends of the Constitution pointed out that the plan was simply to ratify a part of the Constitution and to reject the rest;

Virginia an

tem of election which was destined twice to make him President. In spite of the determined opposition of Patrick Henry, and in spite of a proposition to ratify with amendments, the convention accepted. New Y

OF THE CONFED

: The old

was passed at this time (§ 52). On Sept. 13, 1788 Congress voted that the Constitution had been ratified, and that electio

Seat of g

: Congres

ater Congress voted for New York. An attempt was made to settle the accounts of Congress; but all that could be ascertained was that they were in great confusion, and that vouchers had not yet been turned in for the expenditure of large sums. On October 23 is the last offic

de Island and

s consent; their consent was refused; legally they had a right to insist on the continuance of the old Congress. The new Constitution was, strictly speaking, unconstitutional; it had been ratified by a process unknown to law. The situation was felt to be delicate, and the States wer

CONSTITUTI

e Constitutio

plete in all its departments, and well endowed with powers. How had this Constitution been adopted? What was the authority which had taken upon itself to diminish the powers of the States, and to disregard the clauses which required unanimous con

: Compact

rs not expressly delegated to the federal government.... The true nature of the Federal Constitution, therefore, is ... a compact to which the States are parties." The importance of the word "compact" is that it means an agreement which loses its force when any one of the parties ceases to observe it; a compact is little more than a treaty. Those who framed th

Constitut

ble to the people. The people of the United States have declared that this Constitution shall be the supreme law." It is plain that the Constitution does not rest simply upon th

asis of the

er and more permanent. The Constitution was, then, not a compact, but an instrument of government similar in its origin to the constitutions of the States. The difference was that, by general agreement, it was not to take effect until it was shown that in at least nine States the people were willing to live under it. Whatever th