%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.