A History of the United States

by Charles Kendall Adams; William P. Trent

250. Strength of Central Government.—Another difficulty in the way of agreement was found in the radical differences of opinion between the members as to whether the new government was to be very weak or very strong. This was by far the most important question of all. One party held that the states should still be left with great powers, and should be practically independent; while the opposite party thought that a general government with the essential attributes of an elective monarchy was most needed. There was, however, a very general and a very natural remembrance of the fact that it was the predominating strength of the executive part of the British government that had caused separation, and there was a general disposition to avoid any similar defect.

251. Discussion of the Difficulties.—These various difficulties taxed all the faculties of the members. It sometimes seemed that not another step of progress could be made, and that the delegates would be obliged to abandon the task and go home. As discussion advanced, it became evident that no agreement could be made except through a general spirit of conciliation and compromise. The convention sat with closed doors, and for four months considered the stupendous difficulties that confronted them. At length, on the 17th day of September, 1787, they agreed upon a constitution and adjourned. It was to go into effect when ratified by the conventions of nine states.

252. Four Great Lines of Compromise.—The Constitution was built upon a basis of four great lines of mutual concession.

First, the smaller states were brought to agreement by being allowed the same representation in the Senate as the larger states; while the larger states were satisfied by being allowed to send to the House of Representatives a number of delegates to be determined by the number of inhabitants.

Second, the question of the representation of slavery in Congress was finally adjusted by providing that for determining the number of representatives of each state, Congress should add to the number of freemen three-fifths of all persons held to service. Congress was also prohibited from abolishing the foreign slave trade before 1808.

Third, the advocates of a strong central government came to an agreement with the advocates of a weak one by allowing the dividing line between the authority of the central government and of the several states to be somewhat vaguely defined, and by leaving such definition to the course of future events. It is probable that if either side had insisted on putting into words a statement authorizing its interpretation, no agreement could have been reached. This uncertainty of interpretation, though apparently necessary to an agreement on the Constitution, might be called the fundamental cause of the Civil War in 1861.

Fourth, while the President, by being made commander in chief of the army and being intrusted with the enforcement of all laws, was given great authority, he was put under rigid constitutional checks in numerous ways. In case he should exceed his authority, he could be impeached by the House of Representatives and tried by the Senate; and in case of conviction, removed from office. It was further provided that in all cases whatsoever involving differences of opinion regarding the Constitution, the Supreme Court should render authoritative decision. This authority of the Supreme Court was the most marked peculiarity of the Constitution.

Federal Hall, New York City.

253. Characteristics of the Constitution.—On the basis of these mutual concessions, the Constitution was finally adopted. It provided for three departments of government: the Legislative, to make the laws; the Executive, to execute the laws; and the Judicial, to define the laws in case of dispute. The legislature consisted of the House of Representatives, the members of which were to be chosen for two years by the people of the several states; and the Senate, consisting of two members from each state, who were to be chosen for a term of six years. The executive officer was to be a President, elected for a term of four years, by electors chosen by the people of the several states, each state to have as many electors as it had members in the Senate and the House of Representatives together. To the President was also given legislative influence through the right of veto. The judiciary was to consist of a Supreme Court, and such other courts as Congress might provide for. The judges were to be appointed by the President, with the consent of the Senate, and were to hold office during good behavior. In case of misdemeanor they could be removed by impeachment. The authority given to the Supreme Court to declare acts of Congress contrary to the Constitution, and therefore null and void, was a new element in government and made the court stronger than any other court in existence. Jefferson returned from Europe just after the completion of the work of the convention, and was almost panic stricken by fear that the plan of government, if adopted by the states, would allow, if not even encourage, the establishment of monarchy. It was many years before Jefferson’s fears were allayed. The general wisdom of these provisions, however, has been acknowledged by the whole world.