In May 1787 the Constitutional Convention convened in Philadelphia with the purpose of revising the Articles of Confederation. The delegates decided to go beyond the scope of their original charge and create a new form of government, embodied in the U.S. Constitution.

The convention met at the recommendation of the Annapolis Convention (1786), which had gathered to discuss commerce on the Chesapeake Bay. Unable to make any progress after three days, the delegates at Annapolis called for a new convention to assemble in Philadelphia in summer 1787 "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." In February Congress belatedly agreed to the convention but insisted that it confine itself to suggesting needed revisions. Nationalists had a different idea. Frustrated by the inability of the U.S. government to raise taxes under the Articles of Confederation without the unanimous assent of all the states, and believing that the states were too susceptible to the fickle will of the people, the nationalists seized on this opportunity to form a more powerful central government.

In May, delegates representing 12 states began assembling in Philadelphia (Rhode Island was never involved in the convention), eventually numbering 55; there were usually only around 30-40 delegates in attendance on any given day. The majority of the delegates had come to believe that the United States needed a more powerful central government dominated by, as James Madison explained, "the purest and noblest characters"--a natural aristocracy--who would be able to "protect the public interest." Most of the delegates had some experience on the national stage in the First Continental Congress, Second Continental Congress, or the Continental army. As a whole they were a young and ambitious group of men: The average age of the delegates was 42. There were a few elder statesmen such as Benjamin Franklin and George Washington, but their own experience during the Revolutionary War (1775-83) made them just as committed to the nationalist cause as their younger counterparts. Washington was the unanimous choice for president of the convention, and his prestige increased the chances of the country accepting its outcome. A few of the other prominent active members were Gouverneur Morris of Pennsylvania, Rufus King and Elbridge Gerry of Massachusetts, and Alexander Hamilton from New York. Hamilton, in particular, was intent on promoting a nationalist vision. Perhaps the most influential delegate was Madison, who would eventually be known as the "Father of the Constitution," since he drew up the Virginia Plan, which would become the blueprint for the Constitution. In addition, Madison's meticulous notes remain our main source for the convention's daily proceedings. There were also a number of important statesmen who were absent, including John Adams, who was in England; Thomas Jefferson, who was serving as minister to France; and Patrick Henry, who had declined to participate since he supported state sovereignty and was suspicious of the proceedings.

Much of the work and compromising took place in the informal gatherings, of which we have little record. The meetings were held in Independence Hall in complete secrecy, although this had been a point of spirited debate. The majority of the delegates supported the closed-door sessions, believing that daily reports of the debates would lead to grandstanding and prevent open discussion. Not allowing the public access to the deliberations would also limit the opportunity for the opposition to organize and develop their arguments.

Crucial to the entire enterprise was the question of how much power the state governments should have as opposed to the national government. In a concession to state sovereignty, and following the pattern of voting in the Continental Congress under the Articles of Confederation, each state was given one vote. Ultimately, however, the delegates hoped to strengthen the national government and limit the power of the states. In particular, they believed that in order to operate efficiently, the central government had to have powers, especially to tax, to coin money, to regulate matters between the states, and to deal with foreign affairs.

The proponents of a strong national government seized the initiative when Edmund Randolph introduced the Virginia Plan on May 29. Based on Madison's careful study of political theory and natural law, the Virginia Plan provided for a bicameral legislature, with the lower house elected by the people and the upper house elected by the lower house. There was also to be a judiciary and an executive (a president named by Congress), with a committee formed from these two groups that would have a veto on legislation. Representation was to be based on the number of free inhabitants in a state. The national government would have an independent source of revenue and control over printing money, and it would guarantee contracts between individuals in different states. The committee of the whole discussed the Virginia Plan and made some significant alterations: State legislatures, instead of the lower house, were to choose the upper house (the Senate), and the executive alone was to have veto power. They also allowed for ratification of the new Constitution by state conventions.

Some delegates feared that this arrangement would weaken the states and allow the larger ones to dominate the smaller ones. These men devised an alternative plan called the New Jersey Plan--sometimes called the Paterson Plan, after its main author, William Paterson. The New Jersey plan was merely a revision of the Articles of Confederation that would keep representation based on the states but would give Congress the powers to regulate commerce and to tax. The debate over the two plans threatened to disrupt the whole convention. In early July delegates worked out the so-called Great Compromise, which created two houses of legislature, with the upper house representing the states and the lower house representing the population within the states. The Senate was to have a greater say in foreign affairs and the lower house would have the exclusive power to originate money bills.

In August another intense debate erupted concerning slavery. Most delegates from the northern states believed that slavery was evil and that at a minimum, the Constitution should abolish the slave trade. They also objected to the idea that slaves should be counted in the population for representation. Southerners such as Charles Pinckney vehemently defended slavery as having existed in all great civilizations. Other southerners argued that slaves produced wealth and therefore would increase the taxes paid and strengthen the national government. A compromise of sorts was worked out. The word slave was not to appear in the Constitution, and the federal government was given the authority to abolish the slave trade in 20 years. Representation was to be based on the number of free inhabitants and "three-fifths of all other Persons"--a provision called the three-fifths clause. Moreover, the federal government was empowered to pass fugitive slave legislation and given extensive authority in putting down rebellions, either by disgruntled citizens--as had occurred in Shays's Rebellion (1786-87)--or by slaves.

Only 41 of the 55 original delegates were still present when the document was finished on September 17, 1787, and three of these refused to sign. The Constitution was then sent to the states for ratification. Ignoring the amendment process set up by the Articles of Confederation--which insisted on the unanimous approval of all state governments--special ratifying conventions, rather than the state legislatures, were called. Only nine states had to approve the document before it would take effect; other states could then approve it and join the union when they were ready. While Anti-Federalists objected to the Constitution because it appeared to give the national government too much power and limit the participation of the people, the Federalists supported the document, arguing that it rested on the sovereignty of the people and represented a republican form of government.

Bibliography:

1) Catherine Drinker Bowen, Miracle at Philadelphia: The Story of the Constitutional Convention, May to September, 1787 (Boston: Little, Brown, 1966)

2) Paul Finkelman, Slavery and the Founders: Race and Liberty in the Age of Jefferson (Armonk, N.Y.: M. E. Sharpe, 1996)

3) Gordon S. Wood, The Creation of the American Republic, 1776-1787 (Chapel Hill: University of North Carolina Press, 1969)

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