The Great Events by Famous Historians [Volumes 1-14]

FRAMING OF THE CONSTITUTION OF THE UNITED STATES

a.d. 1787

ANDREW W. YOUNG           JOSEPH STORY

It was a "critical period of American history" in which the fundamental or organic law of the United States, the Federal Constitution, was formulated. That instrument has not only commanded the reverence of American patriots—statesmen and people—during a century and more; it has engaged the attentive study and aroused the respect and admiration of foreign students and critics of political institutions. "After all deductions," says Bryce, it "ranks above every other written constitution, for the intrinsic excellence of its scheme, its adaptation to the circumstances of the people, the simplicity, brevity, and precision of its language, its judicious mixture of definiteness in principle with elasticity in details."

The story of this Constitution is as plain and simple as any in American annals; yet its real features have sometimes been missed even by friendly commentators. It is a mistake to say, with Gladstone, that "it is the greatest work ever struck off at any one time by the mind and purpose of man," for the true record of its making shows how deliberate and difficult the process was. Equally misleading is the judgment of so profound a master in legal history as Sir Henry Sumner Maine, when he says that the "Constitution of the United States is a modified version of the British Constitution which was in existence between 1760 and 1787."

A juster view is held by the critical scholars of America, a view which indeed should be deducible, without need of special scholarship, from the recorded history of the Constitutional period. "The real source of the Constitution," says a living American historian, "is the experience of 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."

From the year 1775 there was a federal union in which each colony regulated its internal affairs by its own constitution, while the general affairs of the union were controlled by the Continental Congress. This mode was substantially continued after the colonies (1776-1779) became States, with new State constitutions. It was not finally superseded until the Articles of Confederation, adopted by the Continental Congress in 1777, had been ratified by all the separate colonies or States. Under the articles a new government went into effect March 1, 1781.

The Articles of Confederation proving inadequate to the requirements of the Federal Government, it came to be seen that a general revision of them was needed, and a convention for that purpose was called. This convention went beyond its original purpose, which proved impracticable, and took upon itself the task of framing wholly anew the present Constitution of the United States. The following accounts furnish the reader with the circumstances which directly led to the calling of the convention, and with a clear and concise report of its proceedings and the subsequent action thereon taken by the States.

ANDREW W. YOUNG

The day appointed for the assembling of the Convention[32] to revise the Articles of Confederation was May 14, 1787. Delegations from a majority of the States did not attend until the 25th, on which day the business of the convention commenced. The delegates from New Hampshire did not arrive until July 23d. Rhode Island did not appoint delegates.

A political body combining greater talents, wisdom, and patriotism, or whose labors have produced results more beneficial to the cause of civil and religious liberty, has probably never assembled. The two most distinguished members were Washington and Franklin, to whom the eyes of the convention were directed for a presiding officer. Washington, having been nominated by Lewis Morris, of Pennsylvania, was elected president of the convention. William Jackson was appointed secretary. The rules of proceeding adopted by the convention were chiefly the same as those of Congress. A quorum was to consist of the deputies of at least seven States, and all questions were to be decided by the greater number of those which were fully represented—at least two delegates being necessary to constitute a full representation. Another rule was the injunction of secrecy upon all their proceedings.

The first important question determined by the convention was, whether the confederation should be amended or a new government formed? The delegates of some States had been instructed only to amend. And the resolution of Congress sanctioning a call for a convention recommended it "for the sole and express purpose of revising the Articles of Confederation." A majority, however, considering the plan of confederation radically defective, resolved to form "a national government, consisting of a supreme judicial, legislative, and executive." The objection to the new system on the ground of previous instructions was deemed of little weight, as any plan that might be agreed on would necessarily be submitted to the people of the States for ratification.