THE CONSTITUIONAL CONVENTION

Within a few years of the Declaration of Independence signing the Continental Congress realized a new form of government was necessary and convened to discuss what it would be.  When Maryland signed the Articles of Confederation was ratified, setting up a weak central government.  When it became apparent that was not sufficient, Congress convened a second convention to revise the Articles of Confederation. In May, 1787 delegates from 12 colonies arrived in Philadelphia, and the Constitutional Convention began. 

Lengthy and bitter disagreements arose over how to elect members of Congress. Some delegates such as Roger Sherman of Connecticut opposed having the people elect the lower house. George Mason of Virginia disagreed saying members of the lower house “ought to know and sympathize with every part of the community.” Questions were raised about how states should be represented. Under the Articles of Confederation each state had one vote.  Should the number of votes depend on the size of its population or its wealth or remain one vote? Small states argued state’s rights would be destroyed if population was required. Representatives from larger states disagreed calling it unfair for a smaller group to have the same number of votes. Connecticut delegates proposed a compromise. Following two weeks of debate it was agreed the lower house would be chosen by the people with each state’s representatives based on the total white population plus three fifths of its slave population. Each state would have one representative for every 40,000 inhabitants and regardless of population each state would have at least one representative. Each state legislature would choose two senators to serve in Congress.

What about a national executive?  While delegates agreed to a separate independent branch with the power to veto, subject to an override, they could not agree on how to elect the executive. Discussions about trusting the common man began again and after 60 debates delegates decided the president would be chosen by electors in each state appointed “in such manner” as its legislature might “direct.” The elector would vote for two people with the winner becoming president. If no candidate reached a majority of votes the House of Representatives would choose from the top five names. The entire state delegation would have to agree because they were limited to one vote per state. After experiencing a monarchy, delegates were concerned about one person assuming control consensus, agreed the president would serve a four-year term with no limit on the number of terms.

A contentious debate about slavery began.  Southern states depended on slave labor for agriculture the basis of their economy, and insisted on two things, no export tax and no ban on the importation of “of such persons” as the states “shall think proper to admit.” Gouverneur Morris of Pennsylvania, Luther Martin of Maryland and George Mason of Virginia mounted strong arguments against slavery calling it nefarious, dishonorable and inconsistent with the principles of the new country.  At last, realizing continued opposition prevented states working together and a united country would not become a reality those opposed agreed to compromise.  No tax imports and no bans on the slave trade until 1808.  And in a further move to pacify the South the fugitive slave clause was approved.

Finally on Monday, September 17, 1787 the delegates met to sign the document. Forty-one of the 44 delegates who were present signed.  Achieved through compromise and with hope it established a new form of government based on the will of the people.  After a celebration in Philadelphia Benjamin Rush, who had signed the Declaration of Independence, wrote, “Tis done. We have become a nation.”