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want to raise any unnecessary alarm. Accordingly no general reconstruction of the political system was suggested; the Articles of Confederation were merely to be "revised"; and the amendments were to be approved by the state legislatures as provided by that instrument.

The proposal of the Annapolis convention was transmitted to the state legislatures and laid before Congress. Congress thereupon resolved in February, 1787, that a convention should be held for the sole and express purpose of revising the Articles of Confederation and reporting to itself and the legislatures of the several states such alterations and provisions as would when agreed to by Congress and confirmed by the states render the federal constitution adequate to the exigencies of government and the preservation of the Union.1


In pursuance of this call, delegates to the new convention were chosen by the legislatures of the states or by the governors in conformity to authority conferred by the legislative assemblies." The delegates were given instructions of a general nature by their respective states, none of which, apparently, contemplated any very far-reaching changes. In fact, almost all of them expressly limited their representatives to a mere revision of the Articles of Confederation. For example, Connecticut authorized her delegates to represent and confer for the purpose mentioned in the resolution of Congress and to discuss such measures "agreeably to the general principles of republican government" as they should think proper to render the Union adequate. Delaware, however, went so far as to provide that none of the proposed alterations should extend to the fifth part of the Articles of Confederation guaranteeing that each state should be entitled to one vote.

The National Constitutional Convention of 1787

It was a truly remarkable assembly of men that gathered in Philadelphia in May, 1787, to undertake the work of reconstructing the American system of government. It is not merely

1 For this call, see Readings, p. 43.

2 Rhode Island alone was unrepresented. In all, sixty-two delegates were appointed by the states; fifty-five of these attended sometime during the sessions; but only thirty-nine signed the finished document.

For example, see the New York instructions, Readings, p. 44.

patriotic pride that compels one to assert that never in the history of assemblies has there been a convention of men richer in political experience and in practical knowledge, or endowed with a profounder insight into the springs of human action and the intimate essence of government. It is indeed an astounding fact that at one time so many men skilled in statecraft could be found on the very frontiers of civilization among a population numbering about four million whites. It is no less a cause for admiration that their instrument of government should have survived the trials and crises of a century that saw the wreck of more than a score of paper constitutions. On the memorable roll of that convention were Elbridge Gerry, Rufus King, Roger Sherman, Alexander Hamilton, Oliver Ellsworth, Benjamin Franklin, Robert Morris, Gouverneur Morris, William Paterson, James Wilson, George Washington, Edmund Randolph, James Madison, John Rutledge, and the two Pinckneys to mention only a few whose names have passed indelibly into the records of American history.

All the members had had a practical training in politics. Washington, as commander-in-chief of the revolutionary forces, had learned well the lessons and problems of war, and mastered successfully the no less difficult problems of administration. The two Morrises had distinguished themselves in grappling with financial questions as trying and perplexing as any which statesmen had ever been compelled to face. Seven of the delegates had gained political wisdom as governors of their native states; and no less than twenty-eight had served in Congress either during the Revolution or under the Articles of Confederation. There were men trained in the law, versed in finance, skilled in administration, and learned in the political philosophy of their own and all earlier times. Moreover, they were men destined to continue public service under the government which they had met to construct Presidents, Vice-Presidents, heads of departments, justices of the Supreme Court, were in that imposing body. They were equal to the great task of constructing a national system strong enough to defend the country on land and sea, pay every dollar of the lawful debt, and afford sufficient guarantees to the rights of private property.

The criticism has been advanced that this assembly of great men was more interested in strong government than in democ

racy. It must be remembered, however, that they were convened not to write a Declaration of Independence, but to frame a government which would meet the practical issues that had arisen under the Articles of Confederation. The objections they enter. tained to direct popular government, and they were undoubtedly many, were based upon their experience with popular assemblies during the immediately preceding years. With many of the plain lessons of history before them, they naturally feared that the rights and privileges of the minority would be insecure if the principle of majority rule was definitely adopted and provisions made for its exercise. Furthermore, it will be remembered that up to that time the right of all men, as men, to share in the government had never been recognized in practice. Everywhere in Europe the government was in the hands of a ruling monarch or at best a ruling class; everywhere the mass of the people had been regarded principally as an arms-bearing and tax-paying multitude, uneducated, and with little hope or capacity for advancement. Two years were to elapse after the meeting of the grave assembly at Philadelphia before the transformation of the Estates General into the National Convention in France opened the floodgates of revolutionary ideas on human rights before whose rising tide old landmarks of government are still being submerged. It is small wonder, therefore, that under the circumstances many of the members of that august body held popular government in slight esteem and took the people into slight consideration-enough "to inspire them with the necessary confidence," as Mr. Gerry frankly put it.1

Indeed, every page of the laconic record of the proceedings of the convention preserved to posterity by Mr. Madison shows conclusively that the members of that assembly were not seeking to realize any fine notions about democracy and equality, but were striving with all the resources of political wisdom at their command to set up a system of government that would be stable and efficient, safeguarded on one hand against the possibilities of despotism and on the other against the onslaught of majorities. In the mind of Mr. Gerry, the evils they had experienced flowed "from the excess of democracy," and he confessed that while he was still republican, he "had been taught by experience the danger of the levelling spirit."2 Mr. Ran2 Ibid., Vol. V, p. 136.

1 Elliot's Debates, Vol. V, p. 160.

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dolph, in offering to the consideration of the convention his plan of government, observed "that the general object was to provide a cure for the evils under which the United States labored; that, in tracing these evils to their origin, every man had found it in the turbulence and follies of democracy; that some check therefore was to be sought for against this tendency of our governments; and that a good Senate seemed most likely to answer the purpose." Mr. Hamilton, in advocating a life term for Senators, urged that "all communities divide themselves into the few and the many. The first are rich and well born and the other the mass of the people who seldom judge or determine right." " Gouverneur Morris wanted to check the "precipitancy, changeableness, and excess" of the representatives of the people by the ability and virtue of men "of great and established property aristocracy; men who from pride will support consistency and permanency. . . . Such an aristocratic body will keep down the turbulence of democracy." While these extreme doctrines were somewhat counterbalanced by the democratic principles of Mr. Wilson, who urged that "the government ought to possess, not only first, the force, but second the mind or sense of the people at large," Madison doubtless summed up in a brief sentence the general opinion of the convention when he said that to secure private rights against majority factions, and at the same time to preserve the spirit and form of popular government, was the great object to which their inquiries had been directed.3

They were anxious above everything else to safeguard the rights of private property against any levelling tendencies on the part of the propertyless masses. Gouverneur Morris, in speaking on the problem of apportioning representatives, correctly stated the sound historical fact when he declared: "Life and liberty were generally said to be of more value than property. An accurate view of the matter would, nevertheless, prove that property was the main object of society. . . . If property, then, was the main object of government, certainly it ought to be one measure of the influence due to those who were to be affected by the government." Mr. King also agreed that "property was the primary object of society; "5 and Mr. Madison warned the 2 Readings, p. 47.

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'Elliot's Debates, Vol. V, p. 138.

The Federalist, No. X; Readings, p. 50. 'Elliot's Debates, Vol. V, p. 279.

5 Ibid., Vol. V, p. 280.

convention that in framing a system which they wished to last for ages they must not lose sight of the changes which the ages would produce in the forms and distribution of property. In advocating a long term in order to give independence and firmness to the Senate, he described these impending changes: "An increase of population will of necessity increase the proportion of those who will labor under all the hardships of life and secretly sigh for a more equal distribution of its blessings. These may in time outnumber those who are placed above the feelings of indigence. According to the equal laws of suffrage, the power will slide into the hands of the former. No agrarian attempts have yet been made in this country, but symptoms of a levelling spirit, as we have understood, have sufficiently appeared, in a certain quarter, to give notice of the future danger." And again, in support of the argument for a property qualification on voters, Madison urged: "In future times, a great majority of the people will not only be without landed, but any other sort of property. These will either combine, under the influence of their common situation, in which case the rights of property and the public liberty will not be secure in their hands, — or, what is more probable, they will become the tools of opulence and ambition; in which case there will be equal danger on another side." 2 Various projects for setting up class rule by the establishment of property qualifications for voters and officers were advanced in the convention, but they were defeated. On account of the diversity of opinion that prevailed, agreement was impossible, and it was thought best to trust this matter to the discretion and wisdom of the states.

Nevertheless, by the system of checks and balances placed in the government, the convention safeguarded the interests of property against attacks by majorities. The House of Representatives, Mr. Hamilton pointed out, "was so formed as to render it particularly the guardian of the poorer orders of citizens,' ,"3 while the Senate was to preserve the rights of property and the interests of the minority against the demands of the majority. In the tenth number of The Federalist, Mr. Madison argued in a philosophic vein in support of the proposition that

1 Elliot's Debates, Vol. V, p. 243.
3 Ibid., Vol. V, p. 244.

2 Ibid., Vol. V, p. 387.


Ibid., Vol. V, p. 203.

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