Pennsylvania and the Federal Constitution, 1787-1788

Chapter I. The Struggle Over the Constitution

CHAPTER I. THE STRUGG1.E OVER THE CONSTITUTION. THE coustitution of the United States, as is well known, was framcd during the summer of 1787, by a convention of delegates from twelve States. The convention sat in the old State House at Philadelphia, and after a stormy session of four months, ended its labors on September 17th, 1787. On the afternoon of that day, the constitntioll duly signed by thirty-nine of the l11embers, some resolutions) and a letter from vVashiugton, were ordered to be sent to Congress, to be by it trallsmitted to the States. While these things were taking place in a lower room of the State Honse, the Legislature of Penllsylvauia was in session ill a room above, alld to it, on the morning of September 18th, the constitution was read. Copies were then given to 1he press, and the next day the people of Philadelphia were reading the new plan in the II Packet, 11 the "Journal," and the" Gazetteer." For a few days nothing but praise was heard. But, before a week was gone, a writer made bold to attack it in the H Freeman's Journal j" ans\vers were made to him in the "Gazetteer;" more attacks followed, the community was split into two great parties, the names Federal and Antifederal were formally assumed, and a struggle , the most interesting in the early history of the constitution , wac; commenced. The new frame of government meanwhile had been presented to Congress, and there, too, had been strongly opposed. Led on by :\ielanchthon Smith, the New York delegates opposed it to a man. Willialll Grayson, of Virgillia, denounced it as too weak. Richard Henry Lee hated it for being too strong, and with him went Nathan Dane, of Massachusetts. To stlbmit such a document to Congress, they held, was absurd. Congress could give it 110 countenance whatever. (I) 2 The Struggle Over the COllstitlttioll. The proposed constitution was a plan for a new government; a new government could not be set up till the old had been pulled down, and to pull down the old was out of the power of Congress. They were reminded that Congress had sanctioned the meeting of the cOllvention, and told that, if Congress could approve the convention, it could approve the work the convention did. But they would not be convinced, and on September 26th, Lee moved a bill of rights and a long list of amendments. He would have no Vice-President, a council of state to be joined with the President in making appointments, more representatives, and more than a majority to pass an act for the regulation of commerce. His bill and his amendments were not considered, and the next day Lee came forward with a new resolution. This was, that the acts of the convention should be sent to the executives of the States, to be by them laid before their legislatures. Instantly a member from Delaware moved to add the words: "In order to be by them submitted to conventions of delegates to be chosen agreeably to the said resolutions of the convention." The question was taken, and of the twelve States on the floor, all were for the motion save New York, and all save New York and Virginia were so unanimously. It was then moved to urge the legislatures to call state conventions with all the speed they could; but Congress rose, and the matter went over to the next day. It was now quite clear that neither party could have its own way. The Federalists wished to send the new plan to the States by the undivided vote of Congress. But this they could not do while the New York delegates he1c1 out. Lee and his followers wished to send it, if sent at all, without one word of approval. But this they could not do unless the Federalists were willing. When, therefore, Congress again assembled at noon on the 28th, each party gave up something. The Federalists agreed to withhold all words of approval. The Antifederalists agree to unanimity. The amendments offered by Lee on the 26th, and the vote on the 27th, were then expunged from the journal, and the constitntion, the resolutions of the convention, and the letter of Washington, were formally sent to the States. Action 0/ the Pennsylvania Assembly. 3 William Bingham of Pennsylvania at once sent off an express to Phihidelphia with the...