Union and Democracy

by Allen Johnson

Among the first of the delegates to reach Philadelphia was James Madison. Other members of the Virginia delegation soon joined him, and on the 13th of May, Washington made what was really a triumphant entry into the city. When the 14th dawned only a few delegates had arrived. Inclement weather and bad roads detained many, no doubt; but a general dilatoriness in heeding the summons was accountable for the tardiness of others. Until a majority of States were represented, the delegates could only adjourn from day to day. That the gentlemen from Virginia put this time to good use appears from the plan which they drew up as a tentative program and which Randolph presented to the convention. Indeed, there is little doubt that much unrecorded progress was made throughout the convention by informal conferences among the leaders.

It was not until Friday, May 25, that seven States were represented and a preliminary organization could be effected. Washington was the unanimous choice for president, though tradition has it that Franklin was the first choice of many delegates. Altogether, though not at any one time, there were fifty-five delegates in attendance from twelve States. Rhode Island was never represented. The average attendance was hardly more than thirty. It was possible, therefore, to adopt simple rules of procedure and to permit full discussion. The credentials of the delegates gave them, with a single exception, free hand in revising the Articles of Confederation. Delaware alone forbade its representatives to make any alterations which should deprive the State of its equal vote in Congress.

As the doors closed on this notable body in the chamber over Independence Hall in the State House, profound secrecy enveloped its proceedings. Not until the publication of the journal by act of Congress in 1819 were the actual proceedings of the convention divulged; and many more years passed before Madison's notes on the debates were given to the curious public. The earth scattered on the pavement to silence the rattling of wheels and the sentries stationed at the doors to warn intruders gave added emphasis to the importance of this gathering.

The task before the convention was one of immense difficulty. The most general criticism of the Confederation was that expressed in the vague phrase, "lack of power"; but the defect could not be overcome merely by giving new powers to Congress. Any such increase of authority involved a delicate readjustment of the relations of the States to each other and to the central Government. Before the convention had been in session a fortnight, a line of cleavage among the delegates appeared. To the most obtuse mind the resolutions presented as the Virginia plan seemed to reach far beyond any mere revision of the Articles of Confederation. Randolph frankly admitted the scope of his resolutions by urging that a union of the States merely federal would not suffice. The convention so far yielded to the general drift as to adopt, in committee of the whole, the resolution "that a national government ought to be established consisting of a supreme Legislative, Executive, and Judiciary."

As the group of nationally minded delegates, led by Madison and Wilson, of Pennsylvania, seized this initial advantage and secured the acceptance, step by step, of the main features of a national government, the delegates from the smaller States drew together in alarmed opposition. It was in their behalf that Paterson, of New Jersey, presented his resolutions. In contrast to the Virginia plan, this held out only the prospect of an improved Confederation. Additional powers were to be given to Congress and there was to be an executive and a supreme judiciary; but the basal principle of the Confederation—the equality of the States—was left untouched. Given the alternative between the New Jersey plan and the Virginia plan as amended, seven States voted for the latter. Only New York, New Jersey, and Delaware preferred the former. The vote of Maryland was divided. The convention then returned to the detailed consideration of the amended Virginia plan. The large-State men were now disposed to make some concessions. The word "national" was dropped from all the resolutions; and minor changes were made in the interest of harmony. But on the fundamental question of what was termed "proportional representation,"—that is, representation of the States in proportion to numbers in the national legislature,—no agreement seemed possible. More than once the convention was on the point of adjourning sine die. Even the usually placid Franklin suggested that "prayers imploring the assistance of Heaven ... be held in this Assembly every morning."

In spite of the opposition of the smaller States, the convention finally voted that the rule of suffrage in the first branch of the legislature ought not to be according to that established by the Articles of Confederation. Debate then turned on the manner of constituting the upper chamber. On July 2, a vote was taken on the proposal of the Connecticut delegation that each State should have an equal vote in the upper house. The result was a tie, five States against five, with the vote of one State divided. The deadlock seemed complete.

Hoping that a compromise might even yet be effected, General Pinckney proposed a committee of one from each State to consider the whole matter. Opposition was made, but the convention indorsed the proposal and chose the members of the committee by ballot. The selection was obviously favorable to the small-State party, for the committee abandoned the idea of proportional representation in the second chamber. On July 5, it recommended that in the first branch of the legislature there should be one representative for every forty thousand inhabitants in each State, counting three fifths of the slaves, and that in the second chamber the States should have an equal vote. The first proposition underwent further changes at the hands of a special committee, but the principle of representation was accepted. On July 16, the first proposition as amended and the second proposition without change were adopted by a vote of five States to four, with the vote of one State divided. Very properly historians have termed this the great compromise of the Constitution, for without it the further work of the convention would have been impossible. In agreeing that three fifths of the slaves should be counted in apportioning representation, the convention made no innovation, but simply took over the federal ratio which Congress had recommended in 1783 as the basis for future apportionment of requisitions among the States. On this point there was no great difference of opinion in the convention.

It would be a mistake, however, to suppose that with this obstacle to union removed, the Constitution speedily took form. On the contrary, every proposal bristled with controversial points. The Northern commercial States demanded insistently that Congress should be given power to regulate commerce. It was, indeed, the desire of the commercial classes in all the States that Congress should be given power to pass retaliatory acts against Great Britain, but the planters of the Carolinas and Georgia feared—not without reason—that the power to regulate commerce might be used to interfere with the importation of slaves. Here, too, the spirit of compromise prevailed. The power was granted, but the importation of such persons as the States thought proper to admit was not to be prohibited before the year 1808.

From first to last, divergent views were held as to the constitution of the chief executive office. After the initial question, whether the office should be single or plural, was decided, the manner of election remained to be considered. The early proposal to make the President elective by the national legislature was dropped as the office assumed greater importance in the general scheme. If the independence of the legislature was to be maintained, some form of indirect popular choice was favored. But if the people were to elect, the larger States would have a decided advantage. Here was the old question in another form. The electoral scheme finally adopted was essentially a compromise. In most instances—Mason, of Virginia, said nineteen out of twenty times—it was believed that the electors would so scatter their votes that no candidate would have a majority; consequently the Senate would make a choice from among the five candidates having the highest votes. By this arrangement the large States would in effect nominate and the small States elect the President. But because the Senate had already been given extensive powers, the convention transferred the final election to the House, with the provision that the vote there should be by States. The eventual election of a Vice-President was left to the Senate, whenever the electoral college failed to make a choice.

From time to time the convention resorted to committees to facilitate its work. Most important services were rendered by the committee of detail, which early in August put into orderly and connected form the conclusions which the convention had reached. It was the committee on unfinished business which suggested the method finally adopted of electing the President. In its final form and phrasing the Constitution is the work of Gouverneur Morris, who prepared the report of the committee of style.