Writing and Ratifying the Constitution, 1785–1790 Chapter 9 Part II Writing and Ratifying the Constitution, 1785–1790

Debtors Protest, 1787 This drawing done on the eve of the writing of the U.S. Constitution features a farmer with a plow, a rake, and a bottle complaining, “Takes all to pay taxes.” The discontent of debt-rich and currency-poor farmers alarmed republican leaders and helped persuade them that the Articles of Confederation needed to be replaced with a new constitution. p168

A Convention of “Demigods” The Annapolis Convention called for better control of commerce but only 5 states showed up and nothing much could be done. Congress belatedly issued the call for a convention “for the sole and express purpose of revising” the Articles of Confederation. Every state chose a representative except for independent Rhode Island. On May 25th, 1787, 55 emissaries from twelve states finally met in Philadelphia. Sessions were held in complete secrecy with armed sentinels at the doors.

A Convention of “Demigods” The caliber of the participants was high. Jefferson called them “Demigods.” The urgency of the crisis called for the best of men to come to the aid of the country. Most of them were fortunately involved in making the constitutions of their own states. George Washington was unanimously elected chairman. His enormous prestige served to quiet tempers. Benjamin Franklin was the oldest statesmen and inclined to be somewhat indiscreet in his declining years. James Madison made contributions so notable that he has been dubbed the “Father of the Constitution”.

Patriots in Philadelphia The fifty-five delegates were conservative, well-to-do nationalists interested in preserving and strengthening the young republic. They strongly desired a strong, firm, dignified and respected government. Delegates were determined to preserve the union, forestall anarchy and ensure security of life and property against dangerous uprisings. The main purpose was to protect America from its weaknesses abroad and its excesses at home. Political Sovereignty was firmly set in the states under the Articles of Confederation. Many of the delegates thought it should belong to the Federal Government under the Constitution.

Table 9-1 p170

Hammering Out a Bundle of Compromises Some delegates wanted to completely scrap the old Articles of Confederation, despite the instructions from Congress to revise them. A scheme proposed by populous Virginia: “the large-state plan”, was first pushed forward as the framework of the Constitution. The Virginia plan’s essence was that the representation in both houses should be based on population- which would give the larger states an advantage.

Hammering Out a Bundle of Compromises Tiny New Jersey countered with the “small-state plan”. The New Jersey plan provided for equal representation in a unicameral congress regardless of size and population. After bitter and prolonged debate, the Great Compromise was agreed on. The larger states were represented by population in the House of Representatives and the smaller states were appeased by equal representation in the Senate. The critical compromise broke the logjam and success was within reach.

Hammering Out a Bundle of Compromises The final Constitution was short. It mostly provided a flexible guide of broad rules or procedures rather than a fix set of detailed laws. The President was to have broad authority to make decisions yet presidential power was far from absolute. He could veto laws, and appoint officials, and wage war.

The “Three-Fifths Compromise” Another issue was determining whether the slaves of the South should count as representation, even though they could not vote. - The South answered “yes” but the North replied “no.” The North wanted to set state tax quotas based on population, and wanted to count a slave as a whole person so the South would pay more. - The South answered “no” but the North replied “yes.” As a compromise between total representation and taxation and none at all it was decided that a slave would count as three-fifths of a person for both purposes. The slave trade was forbidden after 1807.

Signing of the Constitution of the United States, 1787 George Washington presided from the dais as the Constitutional Convention’s president. At a table in the front row sat James Madison, later called the Father of the Constitution, who recorded the proceedings in shorthand. Daily from 10 a.m. to 3 p.m., from late May through mid- September 1787, the fifty-five delegates wrangled over ideas for a new federal government. p171

Safeguards for Conservatism Most of the delegates were in basic agreement economically, and were scared of rebellions like Daniel Shays’ and made sure to take steps to keep the nation peaceful. Only one-half of one branch of the Federal Government would be directly elected by the people. Electoral College? Senate? Courts? At the end of 17 weeks only 42 of the original 55 members remained to sign the Constitution. Three of the 42 refused to sign it and went home, pledging to fight it at the state level. James Madison was nicknamed “The Father of the Constitution” for his contributions.

The Clash of Federalists and Antifederalists The delegates knew that acceptance of all 13 states wouldn’t be easy. The convention decided that when nine states registered approval, the Constitution would become supreme law of the land (where it had been approved). The American people were astonished and split into two. The Antifederalists, who opposed the stronger federal government, were arrayed against the Federalists who favored it. A large number of Antifederalists saw the Constitution as a plot by the upper crust to steal power back from the common folk. Many debtors were in this group. Antifederalists wanted a stronger Bill of Rights, and weaker President and Federal Government in general. Federalists had power and influence on their side. They lived along the settled coastal areas and had support from George Washington and Benjamin Franklin.

Table 9-2 p173

The Great Debate in the States Four of the smallest states immediately ratified. Pennsylvania was the first big state to do so, after some “irregularities”. Massachusetts agreed only after Federalists there promised a “Bill of Rights” would be created as soon as the new government was up and running. Four more medium or small states then ratified, which made the Constitution official. However, there were still some big states remaining (New York, Virginia), so there was still more work to do.

Map 9.4 The Struggle over Ratification This mottled map shows that federalist support tended to cluster around the coastal areas, which had enjoyed profitable commerce with the outside world, including the export of grain and tobacco. Impoverished frontiersmen, suspicious of a powerful new central government under the Constitution, were generally antifederalists. Map 9-4 p174

Table 9-3 p175

The Four Laggard States Virginia, New York, North Carolina and Rhode Island provided fierce antifederalist opposition. Eventually Virginia and New York they saw that they could not continue as independent states and accepted the Constitution. Washington, Madison and John Marshall all lent their support to the Federalists, which tipped the issue in Virginia. North Carolina and Rhode Island only ratified after the new government had been up and running for months.

The Federalist Papers New York was much tougher. It had many more Antifederalists. Alexander Hamilton, James Madison and John Jay all wrote articles of support in the New York newspapers under the pen name “Publius”. These “Federalist Papers” were fairly conservative and explained the parts of the Constitution that were controversial. They helped persuade New York delegates that ratification was necessary. The writings became the most insightful commentary about the ideas behind the Constitution, and are still studied today.

A Triumphant Cartoon This cartoon appeared in the Massachusetts Centinel on August 2, 1788. Note the two laggards, especially the sorry condition of Rhode Island. p176

A Conservative Triumph The minority had triumphed- twice. The militant radicals had engineered the military revolution against the British and only about one-fourth of the adult white males had voted for delegates to ratify the Constitution. The document was cleverly crafted to protect freedoms and prevent a too-powerful tyranny from taking hold, by using checks and balances to limit any one branch or the government as a whole to dominate.

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Banner Paraded by the Society of Pewterers in New York City, 1788 This silk banner was carried by members of the Society of Pewterers in a parade in New York City, on July 23, 1788, to celebrate the impending ratification of the United States Constitution by New York State. The enthusiasm of these craftsmen for the Constitution confirms that not all federalists were well-to-do. p176