A School History of the United States

by John Bach McMaster

CHAPTER XIII

MAKING THE CONSTITUTION

%174. Call for the Constitutional Convention.%—Finding that it could do nothing, because so few states were represented, and because the powers of the delegates were so limited, the convention recommended that all the states in the Union be asked by Congress to send delegates to a new convention, to meet at Philadelphia in May, 1787, "to take into consideration the situation of the United States," and "to devise such further provisions as shall appear to them necessary to render the Constitution of the Federal government adequate to the exigencies of the Union."

%175. The Philadelphia Convention.%[1]—Early in 1787 Congress approved this movement, and during the summer of 1787 (May to September) delegates from twelve states (Rhode Island sent none), sitting in secret session at Philadelphia, made the Constitution of the United States.

[Footnote 1: All we know of the proceedings of this convention is
derived from the journals of the convention, the notes taken down by
James Madison, the notes of Yates of New York, and a speech by Luther
Martin of Maryland. They may be found in Elliot's Debates, Vol. IV.]

[Illustration: Independence Chamber[2]

[Footnote 2: The room where the Constitution was framed.]

%176. The Virginia and New Jersey Plans%.—The story of that convention is too long and too complicated to be told in full.[1] But some of its proceedings must be noticed. While the delegates were assembling, a few men, under the lead of Madison, met and drew up the outline of a constitution, which was presented by the chairman of the Virginia delegation, and was called the "Virginia plan." A little later, delegates from the small states met and drew up a second plan, which was the old Articles of Confederation with amendments. As the chairman of the New Jersey delegation offered this, it was called the "New Jersey plan." Both were discussed; but the convention voted to accept the Virginia plan as the basis of the Constitution.

[Footnote 1: For short accounts, read "The Framers and the Framing of the Constitution" in the Century Magazine, September, 1887, or "Framing the Constitution," in McMaster's With the Fathers, pp. 106-149, or Thorpe's Story of the Constitution, Chautauqua Course, 1891-92, pp. 111-148.]

%177. The Three Compromises.%—This plan called, among other things, for a national legislature of two branches: a Senate and a House of Representatives. The populous states insisted that the number of representatives sent by each state to Congress should be in proportion to her population. The small states insisted that each should send the same number of representatives. For a time neither party would yield; but at length the Connecticut delegates suggested that the states be given an equal vote and an equal representation in the Senate, and an unequal representation, based on population, in the House. The contending parties agreed, and so made the first compromise.

But the decision to have representation according to population at once raised the question, Shall slaves be counted as population? This divided the convention into slave states and free (see p. 186), and led to a second compromise, by which it was agreed that three fifths of all slaves should be counted as population, for the purpose of apportioning representation.

A third compromise sprang from the conflicting interests of the commercial and the planting states. The planting states wanted a provision forbidding Congress to pass navigation acts, except by a two-thirds vote, and forbidding any tax on exports; three states also wished to import slaves for use on their plantations. The free commercial states wanted Congress to pass navigation laws, and also wanted the slave trade stopped, because of the three-fifths rule. The result was an agreement that the importation of slaves should not be forbidden by Congress before 1808, and that Congress might pass navigation acts, and that exports should never be taxed.

%178. The Election of President.%—Another feature of the Virginia plan was the provision for a President whose business it should be to see that the acts of Congress were duly enforced or executed. But when the question arose, How shall he be chosen? all manner of suggestions were made. Some said by the governors of the states; some, by the United States Senate; some, by the state legislatures; some, by a body of electors chosen for that purpose. When at last it was decided to have a body of electors, the difficulty was to determine the manner of electing the electors. On this no agreement could be reached; so the convention ordered that the legislature of each state should have as many electors of the President as it had senators and representatives in Congress, and that these men should be appointed in such way as the legislatures of the states saw fit to prescribe.

%179. Sources of the Constitution.%—An examination of the Constitution shows that some of its features were new; that some were drawn from the experience of the states under the Confederation; and that others were borrowed from the various state constitutions. Among those taken from state constitutions are such names as President, Senate, House of Representatives, and such provisions as that for a census, for the veto, for the retirement of one third of the Senate every two years, that money bills shall originate in the House, for impeachment, and for what we call the annual message.[1]

[Footnote 1: On the sources of the Constitution, read "The First Century of the Constitution" in New Princeton Review, September, 1887, pp. 175-190.]

The features based directly on experience under the Articles of Confederation are the provisions that the acts of Congress must be uniform throughout the Union; that the President may call out the militia to repel invasion, to put down insurrection, and to maintain the laws of the Union; that Congress shall have sole power to regulate foreign trade and trade between the states. No state can now coin money or print paper money, or make anything but gold or silver legal tender. Congress now has power to lay taxes, duties, and excises. The Constitution divides the powers of government between the legislative department (Senate and House of Representatives); the executive department (the President, who sees that laws and treaties are obeyed); and the judicial department (Supreme Court and other United States courts, which interpret the Constitution, the acts of Congress, and the treaties).

The new features are the definition of treason and the limitation of its punishment; the guarantee to every state of a republican form of government; the swearing of state officials to support the Federal Constitution; and the provision for amendment.

Among other noteworthy features are the creation of a United States citizenship as distinct from a state citizenship, the limitation of the powers of the states; and the provision that the Constitution, the acts of Congress, and the treaties are "the supreme law of the land."

%180. Constitution submitted to the People.%—The convention ended its work, and such members as were willing signed the Constitution on September 17, 1787. Washington, as president of the convention, then sent the Constitution to the Continental Congress sitting at New York and asked it to transmit copies to the states for ratification. This was done, and during the next few months the legislatures of most of the states called on the people to elect delegates to conventions which should accept or reject the Constitution.

%181. Ratification by the States.%—In many of these conventions great objection was made because the new plan of federal government was so unlike the Articles of Confederation, and certain changes were insisted on. The only states that accepted it just as it was framed were Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, and Maryland. Massachusetts, South Carolina, New Hampshire, New York, and Virginia ratified with amendments. (For dates, see p. 176.)

%182. "The New Roof."%—The Constitution provided that when nine states had ratified, it should go into effect "between the states so ratifying." While it was under discussion the Federalists, as the friends of the Constitution were named, had called it "the New Roof," which was going to cover the states and protect them from political storms. They now represented it as completed and supported by eleven pillars or states. Two states, Rhode Island and North Carolina, had not ratified, and so were not under the New Roof, and were not members of the new Union. Eleven states having approved, nothing remained but to fix the particular day on which the electors of President should be chosen, and the time and place for the meeting of the new Congress. This the Continental Congress did in September, 1788, by ordering that the electors should be chosen on the first Wednesday in January, 1789, that they should meet and vote for President on the first Wednesday in February, and that the new Congress should meet at New York on the first Wednesday in March, which happened to be the fourth day of the month. Later, Congress by law fixed March 4 as the day on which the terms of the Presidents begin and end.[1]

[Footnote 1: The question is often asked, When did the Constitution go into force? Article VII. says, "The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same." New Hampshire, the ninth state, ratified June 21, 1788, and on that day, therefore, the constitution was "established" between the nine.]

%183. How Presidents were elected%.—It must not be supposed that our first presidents were elected just as presidents are now. In our time electors are everywhere chosen by popular vote. In 1788 there was no uniformity. In Pennsylvania, Maryland, and Virginia the people had a complete, and in Massachusetts and New Hampshire a partial, choice. In Connecticut, Delaware, New Jersey, South Carolina, and Georgia the electors were appointed by the legislatures. In New York the two branches of the legislature quarreled, and no electors were chosen.

As the Constitution required that the electors should vote by ballot for two persons, such as had been appointed met at their state capitals on the first Wednesday in February, 1789, made lists of the persons voted for, and sent them signed and certified under seal to the president of the Senate. But when March 4, 1789, came, there was no Senate. Less than a majority of that body had arrived in New York, so no business could be done. When at length the Senate secured a majority, the House was still without one, and remained so till April. Then, in the presence of the House and Senate, the votes on the lists were counted, and it was found that every elector had given one of his votes for George Washington, who was thus elected President. No separate ballot was then required for Vice President. Each elector merely wrote on his ballot the names of two men. He who received the greatest number of votes, if, in the words of the Constitution, "such number be a majority of the whole number of electors appointed," was elected President. He who received the next highest, even if less than a majority, was elected Vice President. In 1789 this man was John Adams of Massachusetts.

[Illustration: Federal Hall, New York[1]

[Footnote 1: From an old print made in 1797.]

[Illustration: G Washington]

%184. The First Inauguration.%—As soon as Washington received the news of his election, he left Mount Vernon and started for New York. His journey was one continuous triumphal march. The population of every town through which he passed turned out to meet him. Men, women, and children stood for hours by the roadside waiting for him to go by. At New York his reception was most imposing, and there, on April 30, 1789, standing on the balcony in front of Federal Hall (p. 171), he took the oath of office in the presence of Congress and a great multitude of people that filled the streets, and crowded the windows, and sat on the roofs of the neighboring houses.[1]

[Footnote 1: Full accounts of the inauguration of Washington may be found in Harper's Magazine, and also in the Century Magazine, for April, 1889.]