Hallowed Heritage: The Life of Virginia

by Dorothy Margaret Torpey

Seventy-three individuals had been chosen as delegates from the twelve states, but only fifty-six members were present at the convention. All the states were represented at the convention except Rhode Island. When the convention began on May 25, 1787, George Washington was unanimously chosen President of the convention to preside over the meetings and rules of procedure were adopted. It is significant to note the absence of three of the Virginia Revolutionary Period leaders: Richard Henry Lee, Thomas Jefferson and Patrick Henry. Lee declined membership because he believed that, since he was a member of the Confederation Congress and since he thought the revised Articles would be submitted to this Congress for approval, he should not become a member of the Convention to revise the same and, subsequently, be a member of the Confederation Congress which would be asked to pass upon the revised plan. Jefferson was the United States Minister to France at this time and was out of the country. Although Patrick Henry had been elected as a delegate to the convention, he had refused to accept the assignment because he was skeptical about governmental changes which the convention might make. Two Virginians who were present made written comments concerning the type of individuals who represented their states as follows:

(1) George Mason (in a letter to his son)—"America has certainly, upon this occasion, drawn forth her first characters.... The eyes of the U. S. are turned upon this assembly, and their expectations raised to a very anxious degree." Mason's personal attitude toward the responsibility of being a state delegate at this convention is summarized in this remark: "I would not serve upon pecuniary reasons alone in this convention for a thousand pounds a day."

(2) James Madison—"It contains in several instances the most respectable characters in the U. S., and in general may be said to be the best contribution of talents the States could make for the occasion."

The meetings were held secretly behind closed doors because of the grave problems which the convention had to solve. After the delegates began to discuss the necessary changes which had to be made, they realized the impossibility of simply revising the Articles of Confederation and the absolute necessity of writing a new constitution which would make the central government a much stronger political power. James Madison, a most profound student of government, is considered as the most influential member of the convention. He was the most active speaker at the convention and he kept careful notes of the entire session. Madison is regarded as the "Father of the United States Constitution."

One of the first questions to be decided at the convention was the type of organization of the government. Governor Edmund Randolph presented Madison's "Virginia" Plan recommending a strong, central government and one in which each state would be represented in proportion to its population. This plan is sometimes referred to as the "Large State" Plan because most of the larger states favored it: according to this plan, the more population a state had, the greater the representation. The small states had their plan also: it was presented by William Paterson of New Jersey and is known as the "Paterson" or "New Jersey" or "Small State" Plan. The small states favored states' rights rather than a strong, central government and believed that each state should be represented equally regardless of its population. The "Great Compromise" which was finally adopted was a combination of both plans: a bicameral legislature called Congress was to be created consisting of (1) the House of Representatives with membership from each state based upon the population of the state and (2) the Senate with membership based upon equal representation from each state—two Senators from each state. The plan of government finally adopted provided for a strong central government but with the state governments retaining essential reserve powers.

After the Constitution had been completed on September 17, 1787, it was submitted to the Confederation Congress with the recommendation that Congress inform each state legislature about the Constitution and ask for state ratification. The Constitutional requirement for making the document effective was ratification by nine states. Washington was very eager for the Constitution of the United States to be adopted. He wrote many personal letters favoring its adoption including a public letter in which he reminded the states that each state must be willing to make certain concessions for the benefits of the country as a whole.

Thirty-nine of the fifty-six delegates signed the Constitution. Only three of the six delegates from Virginia signed it: George Washington, John Blair and James Madison. Madison, in fact, was consulted for an opinion on almost every phase of the Constitution. During the campaign period for and against ratification, Madison joined Alexander Hamilton and John Jay of New York and contributed to a series of essays called "The Federalist." The essays included a discussion of the meaning of the various provisions of the Constitution and attempted to prove that the federal or central government would not misuse the power granted to it. Madison wrote twenty of the eighty-five essays contained in "The Federalist." This series of essays is believed to have influenced more people to favor the adoption of the Constitution than any other written or oral effort.

The most influential writings against the adoption of the Constitution were authored by Richard Henry Lee in his "Letters of a Federal Farmer." George Mason and Edmund Randolph refused to sign the Constitution of the United States because it contained no bill of rights, it did not provide either for the immediate prohibition of slave traffic or for the eventual abolition of slavery and, in their opinion, gave Congress too much control over navigation and tariff policies. Edmund Randolph, Governor of Virginia and a delegate at the Philadelphia Convention, played an unusual role: he did not sign the Constitution himself because he did not approve of the final document but he did urge the State of Virginia to accept it because he believed that a union of states was necessary. James McClurg and George Wythe did not sign it because they were absent, but they did encourage the ratification of the Constitution by Virginia.

On June 2, 1788, a Virginia State Convention was held in Richmond to determine whether or not Virginia would accept the new Constitution of the United States. There were one hundred and sixty-eight official delegates present, and they elected Edmund Pendleton president of the convention. Sectionalism appeared obvious in the state at this time: the Piedmont area and the southwest area which did not have many slaves opposed ratification while the Tidewater area and the northwest area favored the adoption of the Constitution. James Madison, John Marshall (who actually explained much of the Constitution to the members of the convention), Edmund Randolph, George Wythe and General "Light Horse Harry" Lee spoke on behalf of the Constitution; George Mason, Patrick Henry, Richard Henry Lee, James Monroe and William Grayson spoke very strongly against it. The chief arguments against ratification were that the central government had been given far too much power and the individual states far too little power, that the commerce clause was too powerful and that the continuance of the slave trade was permitted. Finally, after Madison had agreed to suggest and to urge adoption of many amendments, the Virginia convention ratified the Constitution of the United States by the close vote of 89 to 79 on June 26, 1788. It is interesting to note that, at this time, the State of Virginia included the present area of Virginia and the area now included in the States of Kentucky and of West Virginia.

The State of Virginia missed by five days the honor of being the necessary ninth state to ratify the Constitution, New Hampshire having this honor. As Virginia became the tenth state to ratify it, the following declaration was officially recorded: "We, the Delegates of the People of Virginia, ... Do, in the name and in behalf of the People of Virginia, declare and make known, that the powers granted under the Constitution, being derived from the People of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them and at their Will; that therefore no right of any denomination can be canceled, abridged, restrained, or modified by the Congress ... or any department or Officer of the United States, except in those instances in which power is given by the Constitution for those purposes: and that, among other essential rights, the liberty of Conscience and of the press cannot be canceled, abridged, restrained or modified by any Authority of the United States." This declaration expressed fear on the part of Virginians concerning the new Constitution. At the same time, the members of the Virginia convention proposed forty amendments which became the bases of the ten amendments of the Bill of Rights in the Constitution of the United States: James Madison introduced the first nine amendments and Richard Henry Lee, the tenth amendment, to the Constitution of the United States—all eventually adopted in 1791.