Federal Convention Builds Two Houses in a Day

Throughout the three-plus months of the Constitutional Convention, the delegates disagreed about a bunch of stuff.  It had started almost immediately with a debate over semantics.  Was the government national or federal?  Both words were nuanced depending on which ears heard them, and the delegates argued for (and against) each.  And that was the very beginning.  The delegates argued over slavery.  They argued over the number of executives (can you imagine two Presidents?!?).  They debated checks and balances.  They debated the judiciary.  And at the end, when the Constitution had been written and submitted for approval, it was back to semantics and language.

But one of the things on which nearly all the delegates agreed was the issue of democracy.  And they were mostly against it.

What?!?

Yep.  Much like innovation (which we discussed last year when talking about the Convention), well, I’ll let Catherine Bowen explain.  She writes, “…to members of the Federal Convention the word democracy carried another meaning than it does today.  Democracy signified anarchy; demos was not the people but the mob.  When Paterson of New Jersey said ‘the democratic spirit beats high,’ it was meant in derogation, not in praise.  Again and again we meet these phrases:  if aristocracy was ‘baleful’ and ‘baneful,’ unchecked democracy was equally to be shunned.”

But the delegates knew from whence they came, and unchecked aristocracy led to, if I may call it such, “tyranny of the few.”  The just-ended War of Independence had been fought over this issue.  Virginia’s George Mason, a wealthy landowner much like his neighbor George Washington, spoke for many when he said, “We ought to attend to the rights of every class of the people . . . provide no less carefully for the . . . happiensess of the lowest than of the highest orders of citizens.”

There had to be balance.

So I suppose that it only made sense to the delegates that there be a divided legislature, on the order of their British counterparts.  And on May 31, 1787, they made it official.  The Committee of the Whole voted in favor of Edmund Randolph’s Resolve 3:  “That the national legislature ought to consist of two branches.”

Of the existing state legislatures, only Pennsylvania and Georgia had one-chambered legislatures.  And the greatly-respected Dr. Benjamin Franklin (representing Pennsylvania at the Convention) was a staunch advocate of a one-chamber house (he would be so until the day he died).  So when the votes were tallied, James Madison noted that the measure passed “without debate or dissent, except that of Pennsylvania, given probably out of complaisance of Docr. Franklin.”

Of course, there would still be a bundle of debate concerning terms of service, checks on the legislative branch, and most importantly, the issue of representation.  But one of the foundational elements of our system was settled on this day…the bi-cameral legislature.

Recommended Reading: Miracle at Philadelphia

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The Constitutional Convention Draws to a Close

I don’t know about you, but when I come to the end of a project, I like that last day to be a relaxed one.  Maybe I tie up a loose end here or there.  Tweak a piece of code or a PowerPoint slide.  Some final edits on a document for the big presentation.  Maybe a little bit of last-minute word-smithing on the manuscript before it heads to publication.  But that’s about it.

I don’t want to be running around in a franctic panic, trying to take care of a dozen unfinished tendrils while simultaneously being hit with four or five “could-you-just-add-this” requests with three voice-mail messages informing me of problems sit in the phone queue.  That’s not my idea of a good time.

But in some sense, that second scenario is what faced the delegates to the Constitutional Convention.  September 15, 1787 was the Convention’s final working day.  The Pennsylvania legislature, which normally met in the room they were using, had already been in session for nearly two weeks and had graciously moved upstairs to give this body time to complete its work.

The Committee of Style and Arrangement, which had formed on the 8th, had finished its work five days later, presenting to the delegates a finished Constitution.  And from that point, debate had begun over wording, phrasing, style, and structure.  There were small changes suggested and accepted.  There were major changes suggested (like a Bill of Rights) and rejected.  And in between, there was dissension against and support for issues small and not-so-small.

And the 15th, rather than a wind-down, saw the flurry of activity continue.  It began with Maryland’s Daniel Carroll, who suggested that an address introducing the Constitution be prepared for the people, as that was a fairly common practice in that day.  After some debate, it was decided (in the interests of time) to have the standing Congress draft such a document.

There was argument (yet again!) over representation, as some delegates didn’t believe their state had quite enough representatives for their respective populations.  And once one state made such a demand, others were bound to follow.  It quickly threatened to rage out of control.

There was a continuation of old issues.  Mason again said that the Senate had way too much power.  Edmund Randolph (who had proposed the Virginia Plan) increasingly showed dissent for the government in its final form.  George Mason agreed and then offered up the proposal that, on this last day of business, stopped everyone in their seats.

He suggested a Second Constitutional Convention.

George Mason…who had come to Philadelphia swearing he’d be buried here rather than leave before a workable solution was found.  And it was more than a proposal, the man was insisting on it.

South Carolina’s Charles Pinckney stood to respond.  James Madison records that “Pinckney descanted on the consequences of calling forth the deliberations and amendments of the different states on the subject of government at large.  Nothing but confusion and contrariety could sping from the experiment.  The states will never agree in their plans – and the deputies to a second Convention coming together under the discordant impressions of their constituents, will never agree.”

In other words, it was now or never.  Nearly every member had some minor (or major) disagreement with the finished product.  But it would always be that way…no Constitution would be perfect, regardless of how much time was given to its construction.

There was much trepidation when the Second Convention came to a vote.  All states voted no.

Madison records the final acts as follows:

“On the question to agree to the Constitution as amended.  All the States aye.  The Constitution was then ordered to be engrossed.  And the House adjourned.”

There would be Monday’s signing, but the Convention was over.  The U.S. Constitution was completed.  It had been an exceptional three months.  The ratification process was about to begin.

Recommended Reading: Miracle at Philadelphia

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Opposition Speaks up at the Federal Convention

When James Madison addressed the men meeting in the stifling heat of Independence Hall on June 19th, he made no mention of the preceding day’s events.  Actually, “events” (plural) is incorrect, as there was really on one event on the 18th.  The entire day was devoted to Alexander Hamilton’s vision of a new American government.  For nearly six hours, Hamilton’s laid out his plans.  The big problem was that it was too British in scope.

In broad strokes, he laid out a panorama of strong central government with a very powerful President, Senators elected for life, and state governors appointed by the national government.  There was no real debate over his plan…probably because the remaining delegates at the Federal Convention were completely stunned into silence.  To many, his plan was dangerously close to monarchy.  Diminished states’ rights put supporters of the existing Articles of Confederation instantly on the defensive.  Hamilton was a brilliant thinker, and the proceedings of the Convention were to be kept secret until all attendees had died, but Hamilton’s speech was leaked to the public and it would follow him for the rest of his life.

And while Madison may have only agreed with parts of Hamilton’s plan, he was thrilled that it made the Virginia Plan (which he fully supported) seem very moderate by comparison.

But June 20, 1787 was more than just the first day since the Virginia Plan was presented that George Washington sat through a full day of debate.  It was the day the opposition really started to dig in.  New York’s John Lansing got up and gave a long speech protesting the proceedings in general (he would end up leaving the Convention early in protest).  He was followed by Virginia’s George Mason, who disagreed with the power being given to Congress.

But it was Luther Martin (shown above) who worked his voice the most that day.  The Marylander was characterized throughout the 3-month process as an angry dissenter.  In her book Miracle at Philadelphia, Catherine Bowen described him as “impulsive, undiscipline, altogether the wild man of the Convention, furious defender of state sovreignty, by no means foolish in all that he said…”  His verbosity was off-putting and, on this day, he spent a lot of time disputing the need for two branches of Congress.  Giving a national judiciary power over the states was anathema to Martin, as were most of the rest of the proposals.

There had been debate throughout the Convention, but on this day, it became apparent how difficult the debate was going to be.

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