Miracle At Philadelphia

Although the Bill of Rights is now perhaps the best-known feature of the Constitution, it was not included in the original draft. The Bill of Rights would be the term given the first ten amendments to the Constitution in 1791, but some wanted a bill of rights explicitly included within the text. Hamilton rejected this idea as superfluous and even counterproductive, worried that an exhaustive list of rights would leave anything unmentioned unprotected. For Hamilton, “bills of rights originally were stipulations between kings and their subjects” (245), and thus not fit for a free people. A bill of rights generated intense public debate, dividing the delegates just as they believed most major questions to have been settled. For some of the Constitution’s fiercest opponents, its exclusion was “deliberate and scandalous” (247). Others were more charitable, thinking that including a list of “the things that Congress must not do” would encode the impression that the government was prone to oppression and must be stopped (248).

Luther Martin left the Convention before the signing of the Constitution, which he surely would have refused to do. On the last working day of the Convention, September 15, there was a flurry of activity, particularly on the standards for amending the Constitution. Edmund Randolph and James Mason pondered whether to sign the Constitution. Charles Pinckney then joined to complain about the “contemptible weakness and dependence of the executive” (252). A proposal for a second Convention was swiftly voted down, and the delegates at least accepted that the text in front of them would in fact be the Constitution, whether or not they chose to sign it.

The delegates met to sign the Constitution. Benjamin Franklin spoke first, expressing reservations about the document but finding it to be the best result possible. He then “went on to plead with delegates not to air their objections publicly and thus undermine the summer’s work and lose the advantage with foreign nations which an appearance of unanimity would achieve” (256). Even so, some signers publicly registered their specific objections, while others pushed for some last-minute changes with the implication that their vote depended on them. Washington uncharacteristically spoke to insist on no further revisions, and his influence was sufficient to bury the question once and for all. With Franklin and Washington officially on board, there would be few open dissenters, but Randolph stepped forth to announce his opposition. Another delegate, who had not spoken a word the whole convention, would not sign but affirmed its legitimacy. Gerry of Massachusetts, one of the most strident dissenters throughout the whole Convention, unsurprisingly withheld his support, warning that the Constitution’s failure to reconcile different factions would lead to “civil war.” Another heretofore-silent delegate argued that signing was not tantamount to approval, but rather a verification that it was a worthy subject of debate in the states. George Mason also refused to sign, fearing that the delegates had “rushed” to an imperfect conclusion without sufficient deliberation, and that it was too imbalanced between its democratic and monarchic elements. Everyone else present signed, and prepared its delivery to Congress in New York. The members adjourned for the last time.

Newspapers across the country published the text of the Constitution for the people to review. Many were surprised at how far it departed from the Articles, especially by establishing a central government on the lines of European kingdoms. Proponents and opponents exchanged arguments in newspapers, most famously Hamilton, Madison, and John Jay, whose Federalist Papers were written to persuade voters in New York. Some famous revolutionaries, such as Patrick Henry of Virginia, were bitterly opposed to the Constitution, deploring the preamble’s use of the term “we the people” as opposed to “we the states” (270). In Bowen’s estimation, the so-called Anti-Federalists “worked on the people’s fears” (271), warning of tyranny and corruption. Other concerns were more concrete, namely the absence of a Bill of Rights, which would eventually be redressed in the Constitution. Still others felt they were being rushed to approve something of great significance without sufficient deliberation. Federalists rushed for ratification, not necessarily because they did not want to debate, but because they wanted to prevent the Anti-Federalists from holding their own rival convention. Rather than go through the state legislatures, each state held its own ratifying convention. Delaware was first to ratify on December 6, with Pennsylvania, New Jersey, Georgia, and Connecticut following in fairly rapid succession. With Massachusetts’ convention approaching in January 1788, there was anticipation of America being on the cusp of something great.

Massachusetts was deeply divided on the Constitution, especially between its coastal mercantile class and the inland farming communities. As the state convention opened, Anti-Federalists made appeals to “first principles,” with dire warnings of a new tyranny like the one Boston had battled in the Revolution. They criticized the Constitution for failing to ban slavery, but also for not banning non-Protestants from public office. Proponents of the Constitution focused more on the specific powers of the new government and how they were needed to provide stability, with Shays’ Rebellion still weighing heavily on people’s minds. One speaker said rural farmers and the mercantile classes had to “sink or swim together” rather than fend for themselves (288). Samuel Adams, who had initially opposed the Constitution, was ready to support it and urged other skeptics to join him with promises of amendments to the Constitution. This tactic successfully divided the opposition. The Constitution passed by a small majority, leading the victors to celebrate in the streets and the losers to urge conciliation.

By the time Virginia had its convention, eight states had ratified, one short of the total required to put the Constitution into effect. Dedicated Anti-Federalists were disappointed at the lack of organized opposition, but many opponents proved willing, even eager, to change their minds. The Virginia Convention met, without Washington, although his influence was felt nonetheless. Supporters, most notably James Madison, looked for someone of their own rank capable of matching Patrick Henry’s stirring rhetoric. Non-signer George Mason was there, along with John Marshall, who would later define the role of chief justice of the Supreme Court. The Anti-Federalists launched a rhetorical onslaught, including a seven-hour oration from Henry. Madison, for all his genius, was ill-suited to such exchanges, and he fell ill after making a series of inaudible remarks. Edmund Randolph then arrived, seemingly another boost to the Anti-Federalist cause, but in a stunning reversal, he declared that in spite of his reservations, he “express[ed] his earnest endeavors for a firm, energetic government” (301), with certain amendments. Henry subtly suggested that Randolph’s change of heart was due to corrupt influence, but Randolph dispelled this notion with skillful argument. Adding a Declaration of Rights as prospective amendments, the Constitution passed by another thin margin, with Henry disappointed but urging respect for the result. From that point on, resistance crumbled, although there were still many protest votes, especially in New York. Celebratory parades were quickly put together, with Philadelphia holding its event on July 4. Observers noted a “solemn silence” among the crowd, leading Dr. Benjamin Rush, a signer of the Declaration, to announce that “we have become a nation” (310).