Convention and Ratification

Creating the Declaration of Independence | Creating the United States Constitution | Creating the Bill of Rights

Road to the Constitution | Convention and Ratification

When delegates to the Constitutional Convention began to assemble at Philadelphia in May 1787, they quickly resolved to replace rather than merely revise the Articles of Confederation. Although James Madison is known as the “father of the constitution,” George Washington’s support gave the convention its hope of success.

Division of power between branches of government and between the federal and state governments, slavery, trade, taxes, foreign affairs, representation, and even the procedure to elect a president were just a few of the contentious issues. Diverging plans, strong egos, regional demands, and states’ rights made solutions difficult. Five months of debate, compromise, and creative strategies produced a new constitution creating a federal republic with a strong central government, leaving most of the power with the state governments.

Ten months of public and private debate were required to secure ratification by the minimum nine states. Even then Rhode Island and North Carolina held out until after the adoption of a Bill of Rights.

The Virginia Plan of Government, May 1787. Manuscript in the hand of George Washington. George Washington Papers, Manuscript Division, Library of Congress (56)
[Digital ID# us0056 — us0056_2]

The Virginia Plan

The Virginia delegates to the Constitutional Convention, led by James Madison (1741—1836) and George Washington (1732—1799), prepared a plan of government that provided for proportional representation in a bicameral (two-house) legislature and a strong national government with veto power over state laws. Virginia’s governor, Edmund Randolph (1753—1813), who ultimately refused to sign the Constitution, presented the plan to the convention on May 29, 1787. The plan, designed to protect the interests of the large states in a strong, national republic, became the basis for debate.

The New Jersey Plan of Government, June 1787. Manuscript in the hand of George Washington. George Washington Papers, Manuscript Division, Library of Congress (57)
[Digital ID# us0057 — us0057_1]

The New Jersey Plan

The New Jersey delegates to the Constitutional Convention, led by William Paterson (1745—1806) proposed an alternative to the Virginia Plan on June 15, 1787. The New Jersey Plan was designed to protect the security and power of the small states by limiting each state to one vote in Congress, as under the Articles of Confederation. Its acceptance would have doomed plans for a strong national government and minimally altered the Articles of Confederation.

Benjamin Franklin. Draft Speech, [June 11, 1787]. Manuscript. Benjamin Franklin Papers, Manuscript Division, Library of Congress (58)
[Digital ID# us0058 — us0058_1]

Franklin Soothes Anger

When delegates at the Federal Constitutional Convention became frustrated and angry because of the contentious issue of proportional representation in the new national legislature, Benjamin Franklin (1706—1790) urged “great Coolness and Temper.” James Wilson (1742—1798) from Pennsylvania reading Franklin’s speech, told the delegates “we are sent here to consult, not to contend, with each other.” As the eldest delegate at the convention, Franklin acted on several occasions to restore harmony and good humor to the proceedings.

James Madison’s notes on the Constitutional Convention, July 16, 1787. Manuscript. James Madison Papers, Manuscript Division, Library of Congress (59)
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“Great Compromise” Saves the Convention

By mid July the representation issue had the Constitutional Convention teetering on the brink of dissolution. Finally, delegates made a “great compromise,” to create a bicameral legislature with the states having equal representation in the upper house or senate and the people having proportional representation in the lower house, where all money bills had to originate.

Draft United States Constitution: Report of the Committee of Detail, ca. August 6, 1787. Printed document with annotations by William Samuel Johnson. William Johnson Papers, Manuscript Division, Library of Congress (61)
[Digital ID# us0061]

Committee of Detail

John Rutledge (1739—1800) of South Carolina chaired the five-member Committee of Detail assigned on July 23, 1787, to take the nineteen resolutions adopted by the Convention, a plan presented by South Carolina delegate Charles Pinckney (1757—1824), and the rejected New Jersey Plan, as the basis for producing a draft constitution. The Committee of Detail draft boldly refocused the convention. The multiple annotations by William Samuel Johnson (1727—1819) of Connecticut illustrate the hard work remaining for the delegates.

Draft United States Constitution: Report of the Committee of Style, September 8—12, 1787. Printed document with annotations by George Washington and Convention Secretary William Jackson. George Washington Papers, Manuscript Division, Library of Congress (62)
[Digital ID# us0062 — us0062_3]

Report of the Committee of Style

William Samuel Johnson chaired the Committee of Style, but James Madison (1751—1836), Rufus King (1755—1827), and Alexander Hamilton (1757—1804) gave the Constitution its substance. Gouverneur Morris (1752—1816), delegate from Pennsylvania, is credited with providing the preamble phrase “We the people of the United States, in order to form a more perfect union”—a dramatic change from the opening of the previous version. This simple phrase anchored the new national government in the consent of the people rather than a confederation of states.

George Washington. Diary entry, September 17, 1787. Manuscript. George Washington Papers, Manuscript Division, Library of Congress (63)
[Digital ID# us0063]

Washington’s Frustrations at the Convention

George Washington, president of the Federal Constitutional Convention, revealed few of the personal conflicts and compromises of the delegates in his daily diary. However, even the unflappable Washington exposed his frustrations when he noted on September 17, 1787, that all delegates to the convention had signed the Constitution except “Govr. [Edmund] Randolph and Colo. [George] Mason from Virginia & Mr. [Elbridge] Gerry from Massachusetts.”

George Mason. Objections to the Constitution of Government formed by the Convention, [ca. September 17, 1787]. Manuscript document. George Washington Papers, Manuscript Division, Library of Congress (64)
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Opposition to the Constitution

As the convention concluded, George Mason (1725—1792) continued to fear an ultra-national constitution and the absence of a bill of rights. On the eve of the Constitution’s adoption on September 17, 1787, Mason noted these major objections on the version of his copy of the Committee of Style draft. Mason sent copies of his objections to friends, from whence they soon appeared in the press.

The Federalist: A Collection of Essays, Written in Favour of the New Constitution. 2 vols. New York: J. and A. McLean, 1788. Thomas Jefferson Library, Rare Book and Special Collections Division, Library of Congress (66)
[Digital ID# us0066 — us0066_4]

Madison Defends Constitution

In the tenth Federalist essay, James Madison answered critics who feared the people would have too much power by boldly asserting that under the new constitution “We are a republic not a democracy.” The Federalists Papers were a series of eighty-five newspaper essays written in defense of the Constitution by Madison, John Jay, and Alexander Hamilton (1757—1804). This collected volume was once owned by Hamilton’s wife, Elizabeth Schuyler, whose sister gave it to Thomas Jefferson. He attempted to determine the authorship of each essay.

Letter from Thomas Jefferson to John Adams, November 13, 1787. Manuscript. Thomas Jefferson Papers, Manuscript Division, Library of Congress (67)
[Digital ID# us0067]

Jefferson’s Concern about Method of Electing President

Because they were serving as American ministers abroad during the constitutional debates John Adams and Thomas Jefferson were not involved in the Constitutional Convention. Neither saw major flaws in the new constitution. However, Jefferson thought that the legislature would be too restricted and greatly feared that the manner of electing the president would weaken the office. Jefferson asserted that the United States president “seems a bad edition of a Polish King,” a reference to the custom in eighteenth-century Poland of electing kings, which undercut royal authority.

Amos Doolittle. The Looking Glass for 1787. [New Haven]: 1787. Engraving with watercolor. Prints and Photographs Division, Library of Congress (68)
[Digital ID# ppmsca-17522]

Conflict in Ratification of the Constitution

The process of state ratification of the United States Constitution was a divisive one. This satirical, eighteenth-century engraving touches on some of the major issues in the Connecticut politics on the eve of ratification. The two rival factions shown are the “Federals,” supporters of the Constitution who represented the trading interests and were for tariffs on imports, and the “Antifederals,” those committed to agrarian interests and more receptive to paper money issues. Although drawn to portray events in Connecticut, the concepts could be applied throughout the nation.

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