The Great Amend
By: Mohamad Minouneshan
Tags: George Washington, Constitutional Convention, History, James Madison, American History

Constitutional Convention

Preface

In this article, I try to depict the situation right after the revolution and show the Necessity of change. Then we take a look at the constitutional convention debates and proposed plans briefly. After that, we take a look at its consequences and in conclusion, we evaluate its contemporary effects.

Just After The Declaration Of Independence

George Washington noticed that something needed to be changed, He wrote to a friend “to avert the humiliating and contemptible figure we are about to make on the annals of mankind.” Also, William Grayson, Virginia Congressman wrote to James Madison that if things did not change, The US would become the weakest nation in the world. On another side, John Hancock, The governor of Massachusetts, Asked James Madison, his legislature to find a way to improve the Union which existence as a free nation would be questioned.

It had seemed so promising to the founders at the beginning. But just after they had beaten Britain and declared independence, They encountered significant jeopardy. The country had been formed piecemeal, and each colony was created at different times under different philosophies of life. Before 1776 there was no federal government, and each colony had an old system, which was a legislature, and a council and governor appointed by the crown. The system which Britain had control just over their shipping and commerce at best, and they were able to escape from the rest of the legislation. By the cause of the Declaration of Independence, each colony had just become an independent nation, From Government to Constitution. With this situation, they couldn’t fight a common war against any enemies, and in June 1776, they signed a document called “a firm league of friendship.” The result was named the Articles of Confederation. There was a legislature of a single house, that each state had one vote. There was no real executive even the president of congress could set limited meetings and he had no powers of his own. Also, the secretaries had little effect. Admiralty courts were authorized to deal with land disputes, but legal business was on state courts. The Articles were unamendable, due it had needed the consent of all the states. Congress had no way of forcing states for things like proportional taxes, Therefore some states were always not paying their shares by varied excuses. It was the same for other things like equipment and troops which was based on the states’ favor to corporate or not. When they settled with Britain, New problems just arrived. One of the most pressing among them were congeries of difficulties with foreign nations. The British were refusing to leave their forts, Which made it impossible for the Government to exploit the territories which the British had control over them. Also from the other side, the Spanish were claiming a huge amount of land on the American side. Unfortunately, The US couldn’t do anything about them, because the army was disbanded after the revolution: No willing taxes to pay and no troops to come! The army just became 700 ill-equipped men. Also, there were the Indians! The British and the Spanish were supplying them with arms and encouraging them to raid the frontier settlements. Many American settlers were raided in the frontiers. In the minds of many, the question of where the fault lay was irrelevant: the main point was that The government couldn’t afford to handle the situation. On the other side of the Atlantic ocean, Not only American ships were captured by pirates but also the American citizens were captured as hostages. There was no naval army to take back and even not enough budget to free the hostages. Now, they were out of the British Empire and the American traders were shut out of the West British Indies. There were apparent solutions for making up their losses with a firm government, But getting to a settlement between the states, had made it impossible. Conflicts between states were rising every day. The treaties were no more worthy from the side of the British and Spanish as said “no treaty can be made with the American states that can be binding on all of them…” they treated each state separately upon that. Also based on those conflicts, reaching a cohesive domestic policy was one of the most tasks for congress. The states with Atlantic ports had taken the advantage to tax the merchants of their neighboring states. In a case when New York did it so handsomely against New Jersey, they asked the national government to do something, but as the government had no real power to obligate the states, it just condemned itself from New Jersey by withholding the money given to them. Also, there were many overlapping lands which Congress was too weak to pass even one of the plans on which both sides agreed on. Then there was the challenge of the huge debt that had piled up during and after the revolution. It was clear that the debt should be paid off because the country needed the credit to trade in international commerce, But the states couldn’t take on their assumed portion and be at odds about it. The situation was getting exceedingly worse on many sides like economic, and political; and overall, the existence of the Union was in danger. The problem basically, was that states didn’t want to give up their autonomy. Based on the Articles of Confederation, The diversity of interests and attitudes was premised as before for states which never was enough for a United Nation (Collier).

Time To Change

James Madison had been obsessed with the situation for several years. He started studying history and political theory in searching for a resolution to these confusions the nation was dealing with. He was convinced by the Virginians of the futility and usefulness of the Confederation Articles. The government under the Articles, Madison was believed, had to be replaced. He wanted a powerful centralized government to bring back discipline and stability to the nation. He wrote, “Let it be tried then, Whether any middle ground can be taken which will at once support a due democracy of the national authority.” He looked at the Constitutional Convention to shape a new system at all. By the effort of Madison and John Tyler, devised a plan inviting several states to attend a convention at Annapolis, MD, to discuss some commercial matters. Upon that meeting, Alexander Hamilton and James Madison issued a report to summon delegates of all states through the Congress for revising the Articles. It was a great chance to change the country’s way from Madison’s view. As the Delegates gathered in Philadelphia, all others knew the importance of that meeting, And they know some things need to be revised fundamentally.

Seventy-four delegates were appointed to the convention, of which just 55 attended. Rhode Island refused to participate, where was dominated by men wedded to paper currency, low taxes, and populism. Also, some others were pessimistic about it and refused to come. Some people like Patrick Henry were believed that state sovereignty was essential to protect personal liberties. Some other figures like Jefferson and Adams were abroad on foreign missions. Nevertheless, It was an adequate assemblage. People like Washington, 81 years old Benjamin Franklin, James Wilson, Alexander Hamilton, and some other famous figures had been attended. The average age was 42, and most of the gentlemen had studied law, had served in colonial or state legislatures, or had been in Congress (National Archives).

All the records thanks to James Madison’s daily Notes, are preserved. Also at the beginning of the debates, Some rules had been set: “That no member be absent from the House, so as to interrupt the representation of the State, without leave. That no copy be taken of any entry on the journal during the sitting of the House without leave of the House. That members only be permitted to inspect the journal.That nothing spoken in the House be printed, or otherwise published or communicated without leave”(Madison). Therefore, the sessions were kept secret.

The Virginia Plan

On May 29th, the governor of Virginia Edmund Randolph started a long debate by criticism of the Articles and outlining the Virginian broad plan, which was proposed by James Madison. It had three branches which were legislative, executive, and judicial (Madison). Highly centralized and mighty, unlike the old ones. The Virginian forced the debate into their frame with their proposal. Here is the first paragraph of the Article: After 10 days of the vigorous debate, to many delegates, it was startling. The Critical issue of the plan was the distinction between a federation and a national government (National Archives).

The New Jersey Plan

On June 13th, delegates from smaller states United around the proposal offered by William Paterson. They were trying to form states into a hotchpot, which was against federalism (Paterson). After three days of debate, It voted for rejection (National Archives).

Hamilton’s Plan

On June 18th, Alexander Hamilton presented his plan which was similar to the British Monarchy. It had given limitless power to the central legislature and government which was questioning the independence of states. Though it was so Solid and Erudite, it failed to win in the convention. He called the British Government ‘the best in the world’ (Hamilton), which showed his willingness toward that system (National Archives).

The Great Compromise

Also one of the challenging matters was the North-South Division about which slaves should be counted for taxation and representation in the lower house. On July 12th, the famous compromise of three-fifths was proposed which meant the number of slaves should be counted as three-fifths of free persons (National Archives).

The First Draft

On August 6th, They reached the first draft. One of the last major unsolved problems was the electing of the executive. The result of proposals which ratified was the electoral college. In the early days of September, delegates were ready to return home and turn the constitution to a committee for arrangement. On September 15th, the final Vote on Constitution was ‘Aye’ from every delegate. On the last meet of members, Franklin had written a speech delivered by James Wilson. He had appealed the support of convention and declared,’ “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.” after that the article formally was signed by delegates. Now it was time to battle for the article in a bigger arena and rectify it in each state (National Archives).

Ratification

By January 9, 1788, five states of nine necessaries for ratification had approved the article. The remaining ones were Massachusetts, New York, and Virginia. On February 6th, Federalists by agreeing to the bill of rights convinced Massachusetts. In the next coming months, by the great efforts of Madison in Virginia and Hamilton in New York by adding their own amendments, ratified the Constitution there (National Archives). Due to all the states didn’t sign the constitution at the time, Madison changed the article from states to ‘We the people’, here is the first paragraph of the article: “We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America (Madison).”

The Bill of Rights

It’s good to mention one of the most amendments we ever had, which had been the anti-Federalists’most effective proposal. Though most of the Federalists were against Patrick Henry’s amendments, with Madison supporting that, it passed a different path (National Archives). Things like freedom of speech, religion, and also the right of being secure in their persons, houses, and papers all included in the bill. (Madison)

After Ratification

On June 21, 1788, The constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify it. After Ratification, Congress set dates for federal elections and implementation of the constitution. In the nation’s first presidential election, George Washington was elected president and John Adams as Vice. The constitution was still revising. There are 27 amendments so far ratified, maybe we have more to change. Even after the Ratification, the U.S. did not begin to act remotely until several years later. Also, the Constitution was not ratified until Rhode Island finally as the last one ratified it in 1790. The good happenings were slowly going to start. Hamilton, The secretary of the Treasury, sought passage of the Funding Act so the Federal Government could assume State Revolutionary War debts (National Constitution Center). The change had become possible with a centralized powerful government.

Conclusion

In 1787 Pierce Butler of South Carolina, who would be a delegate to the Convention, wrote that the interests of the North and South are “as different as the interests of Russia and Turkey” (collier). And worse than that, it was as wide as a continent to manage and unify, many people even didn’t travel more than 50 miles to even consider other states. The country was diversified in all the virtues, and nothing couldn’t bring us to this point today, except the Union. In the belief of many historians, the Constitutional Convention was the most important thing that happened to us. Many countries revolt or change their rulers, some even expand it. Many rise and fall, as of today we talk, the Arab Spring was one of them, which dismissed the old and sit others on the throne, not sustainable. The Constitutional Convention was the light of hope for countries like France to find a successful way to democracy, not just fail the revolution. It seemed simply just a long debate, but as a matter of fact, it was the most mission has done by the nation’s fathers.

Works Cited

Collier, Christopher. Decision in Philadelphia : the Constitutional Convention of 1787. Ballantine Books , 2007.

“Constitution of the United States — A History.” National Archives, 19 Dec. 2019, archives.gov/founding-docs/more-perfect-union. Accessed 10 Dec. 2020.

Madison, James.“United States Constitution.” ConSource, Sep 17. 1787, consource.org/document/united-states-constitution/. Accessed 10 Dec. 2020.

Madison, James. “James Madison’s Notes of the Constitutional Convention.” The Records of the Federal Convention of 1787. Vol. 1. Ed. Max Farrand. New Haven: Yale University Press, 1911. 17–23. Print. consource.org/document/james-madisons-notes-of-the-constitutional-convention-1787–5–29/. Accessed 10 Dec. 2020.

Madison, James.“The Virginia Plan.” United States Senate, May 29. 1787. senate.gov/civics/common/generic/Virginia_Plan_item.htm. Accessed 10 Dec. 2020.

Paterson, William. “The New Jersey Amendments to the Articles of Confederation.” CENTER FOR THE STUDY OF THE AMERICAN CONSTITUTION, Jun 15. 1787. csac.history.wisc.edu/wp-content/uploads/sites/281/2017/07/3.-THE-NEW-JERSEY-AMENDMENTS-TO-THE-ARTICLES-OF-CONFEDERATION.pdf. Accessed 10 Dec. 2020.

Alexander, Hamilton. “Alexander Hamilton’s Plan.” CENTER FOR THE STUDY OF THE AMERICAN CONSTITUTION, Jun 18. 1787. csac.history.wisc.edu/wp-content/uploads/sites/281/2017/07/4.-HAMILTON-PLAN.pdf. Accessed 10 Dec. 2020.

Madison, James.“Bill of Rights as Proposed.” ConSource, Mar 4. 1789, consource.org/document/bill-of-rights-as-proposed/20170303181756/

“The day the Constitution was ratified.” National Constitution Center, Jun 21. 2020. constitutioncenter.org/blog/the-day-the-constitution-was-ratified. Accessed 10 Dec. 2020.