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Union and Democracy

Chapter 2 THE MAKING OF THE CONSTITUTION

Word Count: 4708    |    Released on: 06/12/2017

same economic conditions. Between the farmer who tilled his sterile hillside acres in the interior of New England and the cultivator of the richer

oubt, by religious and racial differences. The Scotch-Irish or German dissenter, who was treated with contempt as a foreigner and forced to support a church established by a State Government which discriminated against numbers and in favor of property, was not likely to feel kindly toward the tidewater aristocracy. Bad crops spelled disaster for these farmers, for they had incurred debt to purchase their lands a

part of this personalty was invested in shipping and manufacturing. A part, not easily determined, was tied up in Western lands, which appealed strongly to the speculative instincts of the American. The amount of money at interest was also considerable in States like Massac

ed with alarm the inability or unwillingness of state legislatures to resist attacks upon private contracts and public credit; holders of public securities shared the general contempt for a Government, which, so far from providing for the ultimate redemption of its obligations, co

s to draft new frames of government. The legislature of New York had in 1782 proposed a convention to revise the Articles of Confederation. At the suggestion of Governor Bowdoin, the General Court of Massachusetts had res

ences. It speedily appeared that the question of commercial regulations was one that concerned also their neighbors to the north. Maryland proposed that Pennsylvania and Delaware should be invited to a further conference. The assembly of Virginia went still further and appointed delegates to

drafted a report which went far to redeem the situation. Addressed to the legislatures of the States represented at Annapolis, it called attention to the critical state of the Union and the need of a convention of delegates with w

s to the convention which Congress had not yet sanctioned. When Congress finally issued the summons, it made no reference to the Annapolis Convention, though it

ss in their respective communities. Almost to a man they had held important public positions. To a surprising extent they came from the commercial sections of their States. "Not one member represented in his immediate personal economic interests the small farming or mechanic classes." A large majority were "directly and personally interested in the outcome o

Inclement weather and bad roads detained many, no doubt; but a general dilatoriness in heeding the summons was accountable for the tardiness of others. Until a majority of States were represented, the delegates could only adjourn from day to day. That the gentlemen from Virgin

ough not at any one time, there were fifty-five delegates in attendance from twelve States. Rhode Island was never represented. The average attendance was hardly more than thirty. It was possible, therefore, to adopt simple rules of procedure and to permit full

by act of Congress in 1819 were the actual proceedings of the convention divulged; and many more years passed before Madison's notes on the debates were given to the curious public.

the States to each other and to the central Government. Before the convention had been in session a fortnight, a line of cleavage among the delegates appeared. To the most obtuse mind the resolutions presented as the Virginia plan seemed to reach far beyond any mere revision of the Articles of Confederation. Randolph frankly

was to be an executive and a supreme judiciary; but the basal principle of the Confederation-the equality of the States-was left untouched. Given the alternative between the New Jersey plan and the Virginia plan as amended, seven States voted for the latter. Only New York, New Jersey, and Delaware preferred the former. The vote of Maryland was divided. The convention then returned to the detailed consideration of the amended Virginia plan. The large-State men were now disposed to make some concessions. The word

tablished by the Articles of Confederation. Debate then turned on the manner of constituting the upper chamber. On July 2, a vote was taken on the proposal of the Connecticut deleg

one representative for every forty thousand inhabitants in each State, counting three fifths of the slaves, and that in the second chamber the States should have an equal vote. The first proposition underwent further changes at the hands of a special committee, but the principle of representation was accepted. On July 16, the first proposition as amended and the second proposition without change were adopted by a vote of five States to four, with the vote of one State divided. Very properly h

n power to regulate commerce. It was, indeed, the desire of the commercial classes in all the States that Congress should be given power to pass retaliatory acts against Great Britain, but the planters of the Carolinas and Georgia feared-not without reason-that the powe

rm of indirect popular choice was favored. But if the people were to elect, the larger States would have a decided advantage. Here was the old question in another form. The electoral scheme finally adopted was essentially a compromise. In most instances-Mason, of Virginia, said nineteen out of twenty times-it was believed that the electors would so scatter their votes that no candidate would have a majority; consequently the Senate would make a choice from

t put into orderly and connected form the conclusions which the convention had reached. It was the committee on unfinished business which suggested the method finally

done. Rumor had stalked abroad that the convention was rent by dissensions; but the envious reader saw at the end of his paper the words, "Done in convention by the unanimous consent of the States ... in witness whereof we have hereunto subscribed our names." Done

nt would operate directly upon individuals, thus remedying a vital defect in the Confederation. The powers given to Congress may well have set at rest the minds of anxious public creditors. With the power to lay and collect taxes, to raise and support a military and naval establishment, and to regulate commerce, Congress had ample means to pay the

ntained in the clause which reads: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." This and the correlative clause which extended the judicial power to all cases arising under the Constituti

might be altered only with the consent of the legislatures of all thirteen States; but the last article of this new instrument provided that when ratified by conventions (not legislatures) in nine States, it should go into effect among the

ists, as the proponents of better government styled themselves, had a slight tactical advantage. The Anti-Federalists resented the assumption of the name by their opponents. They were the true friends of federal government, while the friends of the new Constitution

cruited the ranks of Shays' army, opposed it. The interior counties of New York containing the farming population were Anti-Federal, while the city and county of New York with its environs-the commercial section-were Federalist. In Pennsylvania, those who had opposed the domination of the Scotch-Irish and German radicals in the State Government now united in advocacy of the new Constitution. Here as elsewhere the Fed

rote in his diary: "It is calculated to increase the influence, and power, and wealth of those who have any already." A writer in the Boston Gazette declared that the supporters of the Constitution consisted generally of the noble Order of Cincinnatus, holders of public securities, bankers, and lawyers: "these with their train of dependents form the Aristocratick combination." Over against this should be put the remark of Alexander

urately. Massachusetts, Maryland, and South Carolina followed hesitatingly, each proposing amendments to the Constitution. Toward the end of June the ninth State, New Hampshire, threw in her lot with the majority; and on the heels of this news came the intelligence that the Old Dominion had also ratified. The Constitution was now the law

onvention were at first opposed to the Constitution. The leadership of the Federalists fell to Hamilton. Together with James Madison and John Jay, he contributed to the newspapers a series of essays in advocacy of the Constitution, which, under the title

imited suffrage. New York alone provided that delegates to the convention should be elected on the basis of manhood suffrage. Elsewhere property qualifications were imposed which disfranchised probably about one third of the adult male population. In all the States a considerable proportion of the voters abstained from voting. In Boston, where twenty-seven hundred were qualified to vote, only seven hundred and sixty took the trouble to vote for delegates to the state convention. A recent writer hazards the guess that "not more than one fourth or one fifth of the adult white males t

ential electors, Senators, and Representatives. The new national legislature was to assemble on the first Wednesday in March, which fell upon the 4th. To this summons, two States turned a deaf ear. Not having rat

GRAPHI

terpretation of the Constitution of the United States (1913). Among the special studies of the ratification of the Constitution may be mentioned, O. G. Libby, The Geographical Distribution of the Vote of the Thirteen States on the Federal Constitution, 1787-1788 (1888); McMaster and Stone, Pennsylvania and the Federal Constitution, 1787-1788 (1888); S. B. Harding, The Contest over the Ratification of the Federal Con

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