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Constitution of the United States (1788)

The Declaration of Independence declared the United Colonies free and independent states. "And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."

The committee appointed to prepare a new form of government presented a first draft of the Articles of a Confederation to Congress on July 12, 1776, in John Dickinson's handwriting. According to James Madison, a basis for this draft was Franklin's plan, submitted to the Congress in July, 1775. On August 20, Congress, as a committee of the whole, considered the proposed Articles further. As amended, the Confederation Plan was then brought before Congress.

Although John Dickinson, reconciliation leader, was given the Pennsylvania seat on the committee to draft the Articles of Confederation, Benjamin Franklin participated in the debates of July 30 and August 1 on the draft submitted by the committee appointed in June. He was serving then, too, as president of the Pennsylvania constitutional convention.

Benjamin Franklin was one of the strands linking the progression from colonial government to the establishment of the Republic of the United States under the Constitution. Principal sponsor and original drafter of the Albany Plan of 1754, signer of the Declaration of Independence, he was also a member of the committees to prepare the Declaration of Independence and plans for treaties, and, later, as an elder statesman, he wielded great influence at the Federal Convention.

At intervals, the delegates in Congress continued work on the difficult questions involved in forming a federation. They were concerned particularly with whether each state would have one vote under the Confederation, as in the Continental Congress; also about the basis of the state contribution quotas to the general treasury, and regarding the disposition of the Western lands claimed by different states under their colonial charters.

The Articles of Confederation and Perpetual Union were adopted on November 15, 1777, by the Continental Congress, then sitting at York, Pennsylvania, owing to the British capture and occupation of Philadelphia. Copies were sent to all the thirteen state legislatures for approval.

While entering into a "firm league of friendship with each other," each state retained its "sovereignty, freedom, and independence," as well as every power, jurisdiction, and right not expressly delegated under the Articles to the United States of America. Congress was to consist of delegates elected annually and paid by the states. Each state would have one vote.

All costs of war and charges for the "common defence" were to be met by quotas supplied by the states in proportion to the value of the granted or surveyed land in each, including the buildings and improvements thereon. Payment of the war debt was pledged, but no way was provided to demand or collect the necessary funds. Powers for Congress to regulate the Western lands had been voted down. There was no executive power, nor control on emissions, or the issuing of paper money, not backed by gold or any financial resources of value, by the states.

Among the outstanding weaknesses of the Articles of Confederation were especially the lack of authority to regulate commerce and of a judiciary, the power of requisition but not of taxation, and the lack of any federal law compulsive upon individuals. If Canada wished to do so, she could join the Confederation. The consent of nine states was required for the admission of any other colony.

As the Articles were being completed in Congress, John Adams was quoted as predicting, ". . . before ten years this confederation, like a rope of sand, will be found inadequate to the purpose, and its dissolution will take place. Heaven grant that wisdom and experience may then avert what we have most to fear!"

In the letter which accompanied the Articles to the state legislatures, Congress declared that, without the Confederation, Americans might soon have to "bid adieu" to the blessings of independence, liberty, and safety. These, they had reason to expect from "the favour of our Almighty Creator ... if in an humble dependence on his divine providence we strenuously exert the means which are placed in our power."

By March, 1779, all the states, except Maryland, had agreed to the Articles. A small state, bounded on the west by Virginia and on the north by Pennsylvania, Maryland still held out for the cession of the Western land claims by the states concerned to the Union, to be divided by Congress into "free, convenient and independent governments." The first move in Congress to divide the Western territory into separate states had been made by Maryland in October, 1777. This motion had been defeated by nine states to one (Maryland), with New Jersey divided.

Satisfied by the Act of Congress (October 10, 1780), which stated that ceded Western lands should be formed into distinct republican states and by offers of cession, Maryland finally assented to the Articles of Confederation on March 1, 1781. Then, in the words of the Articles, "whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures" of the thirteen states to ratify the Confederation, the Articles were completed with Maryland's signing and the "New Roof" was in effect. Despite the great weaknesses of the Confederation, it was another step toward a workable civil union.

The rebellious colonists, fighting "in defence of the freedom that is our birthright," as avowed in the July 6, 1775, Declaration by the delegates of the United Colonies setting forth the causes and necessity of their taking up arms, had forged and held together a political union under the common dangers of war despite opposing factions. Under incredible difficulties the American war effort had been sustained, though barely, and an imposing victory was won with the aid of France when Lord Cornwallis surrendered his army at Yorktown on October 19, 1781.

Owing in large part to General Washington's superior leadership, Yorktown proved to be the last large-scale military operation of the War of Independence. Although independence was won under the Articles of Confederation, this "firm league of friendship" was generally recognized to be utterly ineffectual and, with the coming of peace, just - "like a rope of sand."

On February 21, 1787, with a resolution, Congress sanctioned the convention to be held in Philadelphia for revision of the Articles of Confederation. That assembly, James Madison reported to General Washington, had been "much divided and embarrassed" on the question of approving the convention. On one hand it was felt that the authorization of Congress would encourage some of the "backward" states to accede to the meeting, while others would not like the interference of the central body.

William Pierce c. 1740-1789 Posterity is much indebted to Pierce for his pithy descriptions of the framers, whom he sized up in his own inimitable style. The debt to him is greater, though, for his insight into the personalities of the less well-known delegates to the Federal Convention, as so little is known of these men in comparison to the wealth of material about the more famous framers. Constitutional Convention New Hampshire, on the 27th of June, 1787, appointed John Langdon, John Pickering, Nicholas Gilman, and Benjamin West. Massachusetts, on the 9th of April, 1787, appointed Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong. Connecticut, on the second Thursday of May, 1786, appointed William Samuel Johnson, Roger Sherman, and Oliver Ellsworth. New York, on the 6th of March, 1787, appointed Robert Yates, John Lansing, Jr., and Alexander Hamilton. New Jersey, on the 23d of November, 1780, appointed David Brearley, William Churchill Houston, 'William Paterson, and John Neilson ; and on the 8th of May, 1787, added William Livingston, and Abraham Clark ; and on the 5th of June, 1787, added Jonathan Dayton. Pennsylvania, on the 30th of December, 1786, appointed Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimons, James Wilson, and Gouverneur Morris ; and on the 28th of March, 1787, added Benjamin Franklin. Delaware, on the 3d of February, 1787, appointed George Reed, Gunning Bedford, jr., John Dickinson, Richard Bassett, and Jacob Broom. Maryland, on the 26th of May, 1787, appointed James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll, John Francis Mercer, and Luther Martin. Virginia, on the 16th of October, 1786, appointed George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, Jr., George Mason, and George Wythe. Patrick Henry having declined his appointment as deputy, James M'Clure was nominated to supply his place. North Carolina, in January, 1787, elected Richard Caswell, Alexander Martin, William Richardson Davie, Tichard Dobbs Spaight, and Willie Jones. Richard Caswell having resigned, William Blount was appointed a deputy in his place. Willie Jones having also declined his appointment, was supplied by Hugh Williamson. South Carolina, on the 8th of March, 1787, appointed John Rutledge, Charles Pinckney, Charles Cotesworth Pinckney, and Pierce Butler. Georgia, on the 10th of February, 1787, appointed William Few, Abraham Baldwin, William Pierce, George Walton, William Houston, and Nathaniel Pendleton. Rhode Island was the only state that refused to send delegates. Dominated by men wedded to paper currency, low taxes, and popular government, Rhode Island's leaders refused to participate in what they saw as a conspiracy to overthrow the established government. Other Americans also had their suspicions. Patrick Henry, of the flowing red Glasgow cloak and the magnetic oratory, refused to attend, declaring he "smelt a rat." He suspected, correctly, that Madison had in mind the creation of a powerful central government and the subversion of the authority of the state legislatures. Henry along with many other political leaders, believed that the state governments offered the chief protection for personal liberties. He was determined not to lend a hand to any proceeding that seemed to pose a threat to that protection.

On May 25, 1787, seven states were represented at Philadelphia and the Federal Convention officially opened. On this day, George Washington was unanimously chosen president of the Assembly. Of the fifty-five delegates from twelve states who attended the Federal Assembly regularly or were present at a few or more sessions, seven had signed the Association of the First Continental Congress, eight were signers of the Declaration of Independence, and six had signed the Articles of Confederation attesting ratification by their states.

Three delegates had been members of the Stamp Act Congress in 1765 and only one had been present at the Albany Congress of 1754. The main professions and occupations of the fifty-five were as follows: more than half lawyers, eight merchants and traders, five planters, three physicians, three officeholders, one financier, one statesman, and one political scientist.

Thirty-nine of the delegates had been or were participants in the Continental Congress, while seven others, elected to that body, either declined or did not attend. Forty-six served in colonial or state legislatures and seven were governors. Twenty-four of the convention members had fought for their country's independence as officers in the Continental Army and in their respective state militia.

At least half of the constitutional convention delegates owned Negro slaves, from one to a large number in a few cases. The delegations whose members had the most slaves in the aggregate were from states producing extensive crops of tobacco and rice, among other staple commodities. Cultivation of the big plantations was done by the Negro slaves.

A large number of the delegates owned government securities in varying amounts. All the convention delegates were men of religious belief - Episcopalians, Presbyterians, Congregationalists, Quakers, Catholics, Dutch Reformed, Lutheran, Methodist, and nonchurch members.

The French Charge d'Affaires M. Otto wrote to Comte de Montmorin from New York, in April, 1787, that "If all the delegates chosen for this Convention at Philadelphia attend, one will never have seen, even in Europe, an assembly more respectable for the talents, knowledge, disinterestedness and patriotism of those who will compose it."

From Philadelphia, George Mason, a Virginia delegate, wrote to his son, June 1: "America has certainly, upon this occasion, drawn forth her first characters; there are upon this Convention many gentlemen of the most respectable abilities, and so far as I can discover, of the purest intentions. The eyes of the United States are turned upon this assembly. . . ." Of the framers of the Constitution, Thomas Jefferson wrote from Paris to John Adams on August 30, "It is really an assembly of demi-gods."

The strongest delegations at the convention came from five states-Virginia, Pennsylvania, Connecticut, Massachusetts, and South Carolina. In these delegations were four members of the Continental Congress who played major roles in forming the Constitution: first James Madison, then James Wilson, Roger Sherman, and Oliver Ellsworth. Others of importance were Gouverneur Morris, Edmund Randolph, Benjamin Franklin, Rufus King, Nathaniel Gorham, Charles Pinckney, and John Rutledge. Above them all-the dominant influence in the convention and in the country-was George Washington.

From Rhode Island, the only state not represented, a committee of thirteen citizens wrote to the chairman of the Philadelphia Convention on behalf of the merchants, tradesmen, and others concerned in Providence. They regretted the failure of Rhode Island to send delegates and pledged their support far the results of the assembly voting.

With the ratification of the Constitution by New Hampshire on June 21, 1788, the ninth pillar of the federal roof was in place, and the new government in operation. On September 13, 1788, the Congress set a date for the election of a president and for the organization of the government under the Constitution.

Members of the first Congress met at City Hall in New York City on March 4, 1789, but a sufficient number of representatives to form a quorum in the House was not present until April 1. A quorum in the Senate was reached on April 6. On that day a count of the electoral vote, cast previously, established that George Washington was the President-elect with John Adams in the second spot.

The balcony of City Hall was the scene of General Washington's inauguration on April 30, 1789. He was sworn in as the first President by Robert R. Livingston, the Chancellor of New York. Following the ceremony, the President, the Vice President, and the members of both houses of Congress attended a service in St. Paul's Chapel at which the chaplain of Congress officiated.

Some of the anti-Federalist opposition that developed during the contests for ratification was owing to the lack of a Bill of Rights in the Constitution. Twelve amendments, passed by two-thirds of the Senate and House of Representatives, were proposed to the legislatures of the states by Congress on September 25, 1789. Of these, ten were ratified by three-fourths of the state legislatures by December 15, 1791, and are known as the Bill of Rights.

The amendment provision under the Constitution is a precious right of the American people. "Let us go on," as Thomas Jefferson wrote in 1803, "perfecting the Constitution by adding, by way of amendment, those forms which time and trial show are still wanting."

Acclaim for the United States Constitution came from across the Atlantic Ocean. "It will be the pattern for all future constitutions and the admiration of all future ages," declared William Pitt in England. The second President, John Adams, warned in 1798 that "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." Years later, in 1811, Adams wrote to Josiah Quincy, "The Constitution, it is true, must speak for itself, and be interpreted by its own phraseology; yet the history and state of things at the time may be consulted to . . . determine the bona fide intention of the Convention."

Dorothy Horton McGee. Framers of the Constitution. Dodd Mead & Co., NY. 1968.

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