We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Preamble to the United States Constitution
The Constitution of the United States
The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America’s first national government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun.
What Does It Say?
The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
Article I
Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate. The bicameral Congress was a compromise between the large states, which wanted representation based on population, and the small ones, which wanted the states to have equal representation.
Article II
Article II details the Executive Branch and the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length. The 12th and 25th Amendments modified some of these rules.
Article III
Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s highest court. It specifies that Federal judges be appointed for life unless they commit a serious crime. This article is shorter than Articles I and II. The Federal Convention left much of the work of planning the court system to the First Congress. The 1789 Judiciary Act created the three-tiered court system in place today.
Article IV
Article IV outlines states’ powers in relationship to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states. Congress may pass Federal laws regarding how states honor other states’ laws and records.
Article V
Article V explains the amendment process, which is different and more difficult than the process for making laws. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it.
Article VI
Article VI states that Federal law is supreme, or higher than, state and local laws. This means that if a state law conflicts with a Federal law, Federal law takes precedence.
Article VII
Article VII describes the ratification process for the Constitution. It called for special state ratifying conventions. Nine states were required to enact the Constitution. Rhode Island became the 13th state to ratify the Constitution in 1790.
How Did It Happen?
Washington as Statesman at the Constitutional Convention, 1856 / Oil on canvas by Junius Brutus Steams. Courtesy of the Virginia Museum of Fine Arts
Concern about the Articles of Confederation
The Articles of Confederation, November 15, 1777 / Shown is the first of six sheets of parchment stitched together to create a scroll 13 feet and 5 inches long. National Archives, Records of the Continental and Confederation Congresses and the Constitutional Convention
Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse. America’s first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation.
The Constitutional Convention
The Constitutional Convention assembled in Philadelphia in May of 1787. The delegates shuttered the windows of the State House and swore secrecy so they could speak freely. Although they had gathered to revise the Articles of Confederation, by mid-June they had decided to completely redesign the government. There was little agreement about what form it would take.
One of the fiercest arguments was over congressional representation—should it be based on population or divided equally among the states? The framers compromised by giving each state one representative for every 40,000 people in the House of Representatives and two representatives in the Senate. They agreed to count enslaved Africans as three-fifths of a person. Slavery itself was a thorny question that threatened to derail the Union. It was temporarily resolved when the delegates agreed that the slave trade could continue until 1808.
Writing the Constitution
George Washington’s working copy of the Constitution, August 6, 1787 / National Archives, Records of the Continental and Confederation Congresses and the Constitutional Convention
After three hot summer months of equally heated debate, the delegates appointed a Committee of Detail to put its decisions in writing. Near the end of the convention, a Committee of Style and Arrangement kneaded it into its final form, condensing 23 articles into seven in less than four days.
On September 17, 1788, 38 delegates signed the Constitution. George Reed signed for John Dickinson of Delware, who was absent, bringing the total number of signatures to 39. It was an extraordinary achievement. Tasked with revising the existing government, the delegates came up with a completely new one. Wary about centralized power and loyal to their states, they created a powerful central government. Representing wildly different interests and views, they crafted compromises. It stands today as one of the longest-lived and most emulated constitutions in the world.
Ratification
The founders set the terms for ratifying the Constitution. They bypassed the state legislatures, reasoning that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government. But at the time, only 6 of 13 states reported a pro-Constitution majority.
The Federalists, who believed that a strong central government was necessary to face the nation’s challenges, needed to convert at least three states. The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights.
The ratification campaign was a nail-biter. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory in that state and eventually in the final holdouts.
How Was It Made?
Signing the Constitution / Detail of the Constitution showing the signatures.
Creating the Parchment Document
The state delegates approved the draft of the Constitution on September 15, 1787. The signing was set for the very next Monday. Jacob Shallus, the assistant clerk for the Pennsylvania General Assembly, agreed to engross (copy in a fine, clear hand) the document. Over the course of about 40 hours, he created an accurate transcription of the draft. He was paid $30 for his efforts. On September 17, the document was ready for signing.
Signing the Constitution
Thirty-nine of the 42 men present signed the Constitution. George Washington was first, followed by each state delegation descending from north to south. George Mason, Elbridge Gerry, and Edmund Randolph refused to sign because the Constitution lacked a bill of rights. Thomas Jefferson and John Adams did not sign because they were on diplomatic missions in Europe during the convention.
Who Were the Framers of the Constitution?
Pennsylvania State House, later named Independence Hall, meeting place of Congress.
The original states, except Rhode Island, collectively appointed 70 individuals to the Constitutional Convention. A number of these individuals did not accept or could not attend includes Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams and, John Hancock. In all, 55 delegates attended the Constitutional Convention sessions, but only 39 actually signed the Constitution. The delegates ranged in age from Jonathan Dayton, aged 26, to Benjamin Franklin, aged 81, who was so infirm that he had to be carried to sessions in a sedan chair.
Connecticut
Oliver Ellsworth
Oliver Ellsworth was born on April 29, 1745, in Windsor, CT, to Capt. David and Jemima Ellsworth. He entered Yale in 1762 but transferred to the College of New Jersey (later Princeton) at the end of his second year. He continued to study theology and received his A.B. degree after 2 years. Soon afterward, however, Ellsworth turned to the law. After 4 years of study, he was admitted to the bar in 1771. The next year Ellsworth married Abigail Wolcott.
From a slow start Ellsworth built up a prosperous law practice. His reputation as an able and industrious jurist grew, and in 1777 Ellsworth became Connecticut’s state attorney for Hartford County. That same year he was chosen as one of Connecticut’s representatives in the Continental Congress. He served on various committees during six annual terms until 1783. Ellsworth was also active in his state’s efforts during the Revolution. As a member of the Committee of the Pay Table, Oliver Ellsworth was one of the five men who supervised Connecticut’s war expenditures. In 1779 he assumed greater duties as a member of the council of safety, which, with the governor, controlled all military measures for the state.
When the Constitutional Convention met in Philadelphia in 1787 Ellsworth once again represented Connecticut and took an active part in the proceedings. During debate on the Great Compromise, Ellsworth proposed that the basis of representation in the legislative branch remain by state, as under the Articles of Confederation. He also left his mark through an amendment to change the word “national” to “United States” in a resolution. Thereafter, “United States” was the title used in the convention to designate the government.
Ellsworth also served on the Committee of Five that prepared the first draft of the Constitution. Ellsworth favored the three-fifths compromise on the enumeration of slaves but opposed the abolition of the foreign slave trade. Though he left the convention near the end of August and did not sign the final document, he urged its adoption upon his return to Connecticut and wrote the Letters of a Landholder to promote its ratification.
Ellsworth served as one of Connecticut’s first two senators in the new federal government between 1789 and 1796. In the Senate he chaired the committee that framed the bill organizing the federal judiciary and helped to work out the practical details necessary to run a new government. Ellsworth’s other achievements in Congress included framing the measure that admitted North Carolina to the Union, devising the non-intercourse act that forced Rhode Island to join, drawing up the bill to regulate the consular service, and serving on the committee that considered Alexander Hamilton’s plan for funding the national debt and for incorporating the Bank of the United States.
In the spring of 1796 he was appointed Chief Justice of the Supreme Court and also served as commissioner to France in 1799 and 1800. Upon his return to America in early 1801, Ellsworth retired from public life and lived in Windsor, CT. He died there on November 26, 1807, and was buried in the cemetery of the First Church of Windsor.
William Samuel Johnson
William Samuel Johnson was the son of Samuel Johnson, the first president of King’s College (later Columbia College and University). William was born at Stratford, CT, in 1727. His father, who was a well-known Anglican clergyman-philosopher, prepared him for college and he graduated from Yale in 1744. About 3 years later he won a master of arts degree from the same institution and an honorary master’s from Harvard.
Resisting his father’s wish that he become a minister, Johnson embraced law instead–largely by educating himself and without benefit of formal training. After admittance to the bar, he launched a practice in Stratford, representing clients from nearby New York State as well as Connecticut, and before long he established business connections with various mercantile houses in New York City. In 1749, adding to his already substantial wealth, he married Anne Beach, daughter of a local businessman. The couple was to have five daughters and six sons, but many of them died at an early age.
Johnson did not shirk the civic responsibilities of one of his station. In the 1750s he began his public career as a Connecticut militia officer. In 1761 and 1765 he served in the lower house of the colonial assembly. In 1766 and 1771 he was elected to the upper house. At the time of the Revolution, Johnson was disturbed by conflicting loyalties. Although he attended the Stamp Act Congress in 1765, moderately opposed the Townshend Duties of 1767, and believed that most British policies were unwise, he retained strong transatlantic ties and found it difficult to choose sides. Many of his friends resided in Britain; in 1765 and 1766 Oxford University conferred honorary master’s and doctor’s degrees upon him; he had a strong association with the Anglican Church; he acted as Connecticut’s agent in Britain during the years 1767-71; and he was friendly with men such as Jared Ingersoll, Sr., who were affiliated with the British administration.
Johnson finally decided to work for peace between Britain and the colonies and to oppose the extremist Whig faction. On that basis, he refused to participate in the First Continental Congress, to which he was elected in 1774, following service as a judge of the Connecticut colonial supreme court (1772-74). When hostilities broke out, he confined his activities to peacemaking efforts. In April 1775 Connecticut sent him and another emissary to speak to British Gen. Thomas Gage about ending the bloodshed. But the time was not ripe for negotiations and they failed. Johnson fell out of favor with radical patriot elements who gained the ascendancy in Connecticut government and they no longer called upon his service. Although he was arrested in 1779 on charges of communicating with the enemy, he cleared himself and was released.
Once the passions of war had ebbed, Johnson resumed his political career. In the Continental Congress (1785-87), he was one of the most influential and popular delegates. Playing a major role in the Constitutional Convention, he missed no sessions after arriving on June 2; espoused the Connecticut Compromise; and chaired the Committee of Style, which shaped the final document. He also worked for ratification in Connecticut.
Johnson took part in the new government, in the U.S. Senate where he contributed to passage of the Judiciary Act of 1789. In 1791, the year after the government moved from New York to Philadelphia, he resigned mainly because he preferred to devote all his energies to the presidency of Columbia College (1787-1800), in New York City. During these years, he established the school on a firm basis and recruited a fine faculty.
Johnson retired from the college in 1800, a few years after his wife died, and in the same year wed Mary Brewster Beach, a relative of his first bride. They resided at his birthplace, Stratford. He died there in 1819 at the age of 92 and was buried at Old Episcopal Cemetery.
Roger Sherman
In 1723, when Sherman was 2 years of age, his family relocated from his Newton, MA, birthplace to Dorchester (present Stoughton). As a boy, he was spurred by a desire to learn and read widely in his spare time to supplement his minimal education at a common school. But he spent most of his waking hours helping his father with farming chores and learning the cobbler’s trade from him. In 1743, 2 years after his father’s death, Sherman joined an elder brother who had settled in New Milford, CT.
Purchasing a store, becoming a county surveyor, and winning a variety of town offices, Sherman prospered and assumed leadership in the community. In 1749 he married Elizabeth Hartwell, by whom he had seven children. Without benefit of a formal legal education, he was admitted to the bar in 1754 and embarked upon a distinguished judicial and political career. In the period 1755-61, except for a brief interval, he served as a representative in the colonial legislature and held the offices of justice of the peace and county judge. Somehow he also eked out time to publish an essay on monetary theory and a series of almanacs incorporating his own astronomical observations and verse.
In 1761, Sherman abandoned his law practice, and moved to New Haven, CT. There, he managed two stores, one that catered to Yale students, and another in nearby Wallingford. He also became a friend and benefactor of Yale College, and served for many years as its treasurer. In 1763, or 3 years after the death of his first wife, he wed Rebecca Prescott, who bore eight children.
Meanwhile, Sherman’s political career had blossomed. He rose from justice of the peace and county judge to an associate judge of the Connecticut Superior Court and to representative in both houses of the colonial assembly. Although opposed to extremism, he promptly joined the fight against Britain. He supported nonimportation measures and headed the New Haven committee of correspondence.
Sherman was a longtime and influential member of the Continental Congress (1774-81 and 1783-84). He won membership on the committees that drafted the Declaration of Independence and the Articles of Confederation, as well as those concerned with Indian affairs, national finances, and military matters. To solve economic problems, at both national and state levels, he advocated high taxes rather than excessive borrowing or the issuance of paper currency.
While in Congress, Sherman remained active in state and local politics, continuing to hold the office of judge of the Connecticut Superior Court, as well as membership on the council of safety (1777-79). In 1783 he helped codify Connecticut’s statutory laws. The next year, he was elected mayor of New Haven (1784-86).
Although on the edge of insolvency, mainly because of wartime losses, Sherman could not resist the lure of national service. In 1787 he represented his state at the Constitutional Convention, and attended practically every session. Not only did he sit on the Committee on Postponed Matters, but he also probably helped draft the New Jersey Plan and was a prime mover behind the Connecticut, or Great, Compromise, which broke the deadlock between the large and small states over representation. He was, in addition, instrumental in Connecticut’s ratification of the Constitution.
Sherman concluded his career by serving in the U.S. House of Representatives (1789-91) and Senate (1791-93), where he espoused the Federalist cause. He died at New Haven in 1793 at the age of 72 and is buried in the Grove Street Cemetery.
Delaware
Richard Bassett
Bassett (Basset) was born in Cecil County, MD., in April 1745. After his tavern-keeper father deserted his mother, he was reared by a relative, Peter Lawson, from whom he later inherited Bohemia Manor (MD.) estate. He read for the law at Philadelphia and in 1770 received a license to practice in Dover, DE. He prospered as a lawyer and planter, and eventually came to own not only Bohemia Manor, but homes in Dover and Wilmington as well.
During the Revolution, Bassett captained a troop of Dover cavalry militia and served on the Delaware council of safety. Subsequently, he participated in Delaware’s constitutional convention and sat in both the upper and lower houses of the legislature. In 1786 he represented his state in the Annapolis Convention.
At the U.S. Constitutional Convention the next year, Bassett attended diligently but made no speeches, served on no committees, and cast no critical votes. Like several other delegates of estimable reputation and talent, he allowed others to make the major steps.
Bassett subsequently went on to a bright career in the state and federal governments. In the Delaware ratifying convention, he joined in the 30-0 vote for the Constitution. Subsequently, in the years 1789-93, he served in the U.S. Senate. In that capacity, he voted in favor of the power of the President to remove governmental officers and against Hamilton’s plan for the federal assumption of state debts.
From 1793 until 1799 Bassett held the chief justiceship of the court of common pleas. He espoused the Federalist cause in the 1790s, and served as a Presidential elector on behalf of John Adams in 1797. Two years later, Bassett was elected Governor of Delaware and continued in that post until 1801. That year, he became one of President Adams’ “midnight” appointments as a judge of the U.S. Circuit Court. Subsequently, the Jeffersonian Republicans abolished his judgeship, and he spent the rest of his life in retirement.
Twice married, to Ann Ennals and a woman named Bruff, Bassett fathered several children. He was a devout Methodist, held religious meetings at Bohemia Manor, and supported the church financially. He died in 1815 at the age of 70 and is interred at the Wilmington and Brandywine Cemetery, Wilmington, DE.
Gunning Bedford, Jr.
Bedford was born in 1747 at Philadelphia and reared there. The fifth of seven children, he was descended from a distinguished family that originally settled in Jamestown, VA. He usually referred to himself as Gunning Bedford, Jr., to avoid confusion with his cousin and contemporary Delaware statesman and soldier, Col. Gunning Bedford.
In 1771 signer Bedford graduated with honors from the College of New Jersey (later Princeton), where he was a classmate of James Madison. Apparently while still in school, Bedford wed Jane B. Parker, who bore at least one daughter. After reading law with Joseph Read in Philadelphia, Bedford won admittance to the bar and set up a practice. Subsequently, he moved to Dover and then to Wilmington. He apparently served in the Continental Army, possibly as an aide to General Washington.
Following the war, Bedford figured prominently in the politics of his state and nation. He sat in the legislature, on the state council, and in the Continental Congress (1783-85). In the latter year, he was chosen as a delegate to the Annapolis Convention but for some reason did not attend. From 1784 to 1789 he was attorney general of Delaware.
Bedford numbered among the more active members of the Constitutional Convention, and he missed few sessions. A large and forceful man, he spoke on several occasions and was a member of the committee that drafted the Great Compromise. An ardent small-state advocate, he attacked the pretensions of the large states over the small and warned that the latter might be forced to seek foreign alliances unless their interests were accommodated. He attended the Delaware ratifying convention.
For another 2 years, Bedford continued as Delaware’s attorney general. In 1789 Washington designated him as a federal district judge for his state, an office he was to occupy for the rest of his life. His only other ventures into national politics came in 1789 and 1793, as a Federalist presidential elector. In the main, however, he spent his later years in judicial pursuits, in aiding Wilmington Academy, in fostering abolitionism, and in enjoying his Lombardy Hall farm.
Bedford died at the age of 65 in 1812 and was buried in the First Presbyterian Churchyard in Wilmington. Later, when the cemetery was abandoned, his body was transferred to the Masonic Home, on the Lancaster Turnpike in Christiana Hundred, DE.
Jacob Broom
Broom was born in 1752 at Wilmington, DE., the eldest son of a blacksmith who prospered in farming. The youth was educated at home and probably at the local Old Academy. Although he followed his father into farming and also studied surveying, he was to make his career primarily in mercantile pursuits, including shipping and the import trade, and in real estate. In 1773 he married Rachel Pierce, who bore eight children.
Broom was not a distinguished patriot. His only recorded service was the preparation of maps for George Washington before the Battle of Brandywine, PA. In 1776, at 24 years of age, Broom became assistant burgess of Wilmington. Over the next several decades, he held that office six times and that of chief burgess four times, as well as those of borough assessor, president of the city “street regulators,” and justice of the peace for New Castle County.
Broom sat in the state legislature in the years 1784-86 and 1788, during which time he was chosen as a delegate to the Annapolis Convention, but he did not attend. At the Constitutional Convention, he never missed a session and spoke on several occasions, but his role was only a minor one.
After the convention, Broom returned to Wilmington, where in 1795 he erected a home near the Brandywine River on the outskirts of the city. He was its first postmaster (1790-92) and continued to hold various local offices and to participate in a variety of economic endeavors. For many years, he chaired the board of directors of Wilmington’s Delaware Bank. He also operated a cotton mill, as well as a machine shop that produced and repaired mill machinery. He was involved, too, in an unsuccessful scheme to mine bog iron ore. A further interest was internal improvements: toll roads, canals, and bridges.
Broom also found time for philanthropic and religious activities. He served on the board of trustees of the College of Wilmington and as a lay leader at Old Swedes Church. He died at the age of 58 in 1810 while in Philadelphia on business and was buried there at Christ Church Burial Ground.
John Dickinson
Dickinson, “Penman of the Revolution,” was born in 1732 at Crosiadore estate, near the village of Trappe in Talbot County, Maryland. He was the first son of Samuel Dickinson, the prosperous farmer, and his second wife, Mary (Cadwalader) Dickinson. In 1740, the family moved to Kent County near Dover, Delaware, where private tutors educated the youth. In 1750, he began to study law with John Moland in Philadelphia. In 1753, Dickinson went to England to continue his studies at London’s Middle Temple. Four years later, he returned to Philadelphia and became a prominent lawyer there. In 1770, he married Mary Norris, daughter of a wealthy merchant. The couple had two daughters.
By that time, Dickinson’s superior education and talents had propelled him into politics. In 1760, he had served in the assembly of the Three Lower Counties (Delaware), where he held the speakership. Combining his Pennsylvania and Delaware careers in 1762, he won a seat as a Philadelphia member in the Pennsylvania assembly where he remained through 1765. He became the leader of the conservative side in the colony’s political battles. His defense of the Quaker charter against the faction led by Benjamin Franklin earned him respect for his integrity and Franklin lost his seat in the assembly.
In the meantime, the struggle between the colonies and the mother country had waxed strong and Dickinson had emerged in the forefront of Revolutionary thinkers. In the debates over the Stamp Act (1765), he played a key part serving as de facto leader of the Stamp Act Congress and authoring its publications. Later that year, he wrote The Late Regulations Respecting the British Colonies… Considered, an influential pamphlet that urged Americans to seek repeal of the act by pressuring British merchants.
In 1767-68, in response to the Townshend Duties, Dickinson wrote a series of newspaper articles entitled “Letters from a Farmer in Pennsylvania.” They attacked British taxation policy and urged resistance to unjust laws, but also emphasized the possibility of a peaceful resolution. So popular were the “Letters” in the colonies that Dickinson received an honorary LL.D. from the College of New Jersey (later Princeton), public thanks from a meeting in Boston, accolades from around the colonies, and international celebrity. He championed rigorous colonial resistance in the form of nonimportation and nonexportation agreements and peaceful means of resistance, including civil disobedience.
In 1771, Dickinson returned to the Pennsylvania legislature and drafted a petition to the king that was unanimously approved. He particularly resented the tactics of New England leaders in that year and refused to support aid requested by Boston in the wake of the Intolerable Acts, though he sympathized with the city’s plight. In 1774 he chaired the Philadelphia committee of correspondence and briefly sat in the First Continental Congress as a representative from Pennsylvania. He authored four of the six documents published by Congress.
Throughout 1775, Dickinson supported American rights and liberties, but continued to work for peace. He drew up petitions asking the king for redress of grievances. At the same time, he chaired a Philadelphia committee of safety and defense and held a colonelcy in the first battalion recruited in Philadelphia to defend the city.
After Lexington and Concord, Dickinson continued to hope for a peaceful solution. In the Second Continental Congress (1775-76), still a representative of Pennsylvania, he drew up the Olive Branch Petition and the “Declaration of the Causes of Taking Up Arms.” In the Pennsylvania assembly in November 1775, he drafted instructions to the delegates to Congress directing them to seek redress of grievances, but ordered them to oppose separation of the colonies from Britain. In June 1776, he wrote new instructions allowing them to vote for independence, but not expressly instructing them to do so.
By that time, Dickinson’s moderate position had left him in the minority, but he nevertheless was asked to draft the Articles of Confederation. In Congress, he abstained from the vote on the Declaration of Independence (1776) and refused to sign it. Nevertheless, he then became one of only two contemporary congressional members (with Thomas McKean) who entered the military. During the summer, while on the New Jersey front, he was voted out of the Pennsylvania assembly. When much of his unit deserted, he resigned his colonelcy and accepted reelection to the Pennsylvania assembly in the fall of 1776. When the revolutionary government would not consider amending the new constitution to protect dissenters’ rights, he resigned his seat. He then enlisted as a private in the Delaware militia and may have taken part in the Battle of Brandywine, Pennsylvania (September 11, 1777). He was given a commission as brigadier general in the Delaware militia, but he appears not to have acted on it.
Dickinson took a seat in the Continental Congress (1779), where he signed the Articles of Confederation, although a much different version from the one he had drafted. In 1781, he became president of Delaware’s Supreme Executive Council. Before his tenure was over, he was elected president of Pennsylvania (1782-85). In 1786, representing Delaware, he attended and chaired the Annapolis Convention and authored the letter to Congress calling for the Constitutional Convention.
The next year, Delaware sent Dickinson to the Constitutional Convention. He missed a number of sessions and left early because of illness, but he made worthwhile contributions, including engineering the solution for representation known as the Connecticut Compromise and arguing for the end of the slave trade. Because of his premature departure from the convention, he did not actually sign the Constitution but authorized his friend and fellow-delegate George Read to do so for him. From home he wrote the Fabius Letters (1788) arguing for ratification.
Dickinson continued to be active in public affairs. In 1792 he served as president of the Delaware Constitutional Convention, in 1795 he led citizen opposition to the Jay Treaty, and he served as informal advisor to politicians, including Senator George Logan, Attorney General Caesar A. Rodney, and President Thomas Jefferson. In addition to continuing to publish pamphlets on current events, in 1801 he published two volumes of his collected works. He died at Wilmington in 1808 at the age of 75 and was entombed in the Friends Burial Ground.
George Read
Read’s mother was the daughter of a Welsh planter, and his Dublin-born father a landholder of means. Soon after George’s birth in 1733 near the village of North East in Cecil County, MD, his family moved to New Castle, DE, where the youth, who was one of six sons, grew up. He attended school at Chester, PA, and Rev. Francis Alison’s academy at New London, PA, and about the age of 15 he began reading with a Philadelphia lawyer.
In 1753 Read was admitted to the bar and began to practice. The next year, he journeyed back to New Castle, hung out his shingle, and before long enlisted a clientele that extended into Maryland. During this period he resided in New Castle but maintained Stonum a country retreat near the city. In 1763 he wed Gertrude Ross Till, the widowed sister of George Ross, like Read a future signer of the Declaration of Independence. She bore four sons and a daughter.
While crown attorney general (1763-74) for the Three Lower Counties (present Delaware), Read protested against the Stamp Act. In 1765 he began a career in the colonial legislature that lasted more than a decade. A moderate Whig, he supported nonimportation measures and dignified protests. His attendance at the Continental Congress (1774-77) was irregular. Like his friend John Dickinson, he was willing to protect colonial rights but was wary of extremism. He voted against independence on July 2, 1776, the only signer of the Declaration to do so, apparently either bowing to the strong Tory sentiment in Delaware, or believing reconciliation with Britain was still possible.
That same year, Read gave priority to state responsibilities. He presided over the Delaware constitutional convention, in which he chaired the drafting committee, and began a term as speaker of the legislative council, which in effect made him vice president of the state. When the British took Wilmington the next fall, they captured the president, a resident of the city. At first, because Read was away in Congress, Thomas McKean, speaker of the lower house, took over as acting president. But in November, after barely escaping from the British himself while he and his family were en route to Dover from Philadelphia, newly occupied by the redcoats, Read assumed the office and held it until the spring of 1778. Back in the legislative council, in 1779 he drafted the act directing Delaware congressional delegates to sign the Articles of Confederation.
During 1779, in poor health, Read resigned from the legislative council, refused reelection to Congress, and began a period of inactivity. During the years 1782-88, he again sat on the council and concurrently held the position of judge of the court of appeals in admiralty cases.
Meantime, in 1784, Read had served on a commission that adjusted New York-Massachusetts land claims. In 1786 he attended the Annapolis Convention. The next year, he participated in the Constitutional Convention, where he missed few if any sessions and championed the rights of the small states. Otherwise, he adopted a Hamiltonian stance, favoring a strong executive. He later led the ratification movement in Delaware, the first state to ratify.
In the U.S. Senate (1789-93), Read’s attendance was again erratic, but when present he allied with the Federalists. He resigned to accept the post of chief justice of Delaware. He held it until his death at New Castle 5 years later, just 3 days after he celebrated his 65th birthday. His grave is there in the Immanuel Episcopal Churchyard.
Georgia
Abraham Baldwin
Baldwin was born at Guilford, Conn., in 1754, the second son of a blacksmith who fathered 12 children by 2 wives. Besides Abraham, several of the family attained distinction. His sister Ruth married the poet and diplomat Joel Barlow, and his half-brother Henry attained the position of justice of the U.S. Supreme Court. Their ambitious father went heavily into debt to educate his children.
After attending a local village school, Abraham matriculated at Yale, in nearby New Haven. He graduated in 1772. Three years later, he became a minister and tutor at the college. He held that position until 1779, when he served as a chaplain in the Continental Army. Two years later, he declined an offer from his alma mater of a professorship of divinity. Instead of resuming his ministerial or educational duties after the war, he turned to the study of law and in 1783 gained admittance to the bar at Fairfield, CT.
Within a year, Baldwin moved to Georgia, won legislative approval to practice his profession, and obtained a grant of land in Wilkes County. In 1785 he sat in the assembly and the Continental Congress. Two years later, his father died and Baldwin undertook to pay off his debts and educate, out of his own pocket, his half-brothers and half-sisters.
That same year, Baldwin attended the Constitutional Convention, from which he was absent for a few weeks. Although usually inconspicuous, he sat on the Committee on Postponed Matters and helped resolve the large-small state representation crisis. At first, he favored representation in the Senate based upon property holdings, but possibly because of his close relationship with the Connecticut delegation he later came to fear alienation of the small states and changed his mind to representation by state.
After the convention, Baldwin returned to the Continental Congress (1787-89). He was then elected to the U.S. Congress, where he served for 18 years (House of Representatives, 1789-99; Senate, 1799-1807). During these years, he became a bitter opponent of Hamiltonian policies and, unlike most other native New Englanders, an ally of Madison and Jefferson and the Democratic-Republicans. In the Senate, he presided for a while as president pro tem.
By 1790 Baldwin had taken up residence in Augusta. Beginning in the preceding decade, he had begun efforts to advance the educational system in Georgia. Appointed with six others in 1784 to oversee the founding of a state college, he saw his dream come true in 1798 when Franklin College was founded. Modeled after Yale, it became the nucleus of the University of Georgia.
Baldwin, who never married, died after a short illness during his 53d year in 1807. Still serving in the Senate at the time, he was buried in Washington’s Rock Creek Cemetery.
William Few
Few was born in 1748. His father’s family had emigrated from England to Pennsylvania in the 1680s, but the father had subsequently moved to Maryland, where he married and settled on a farm near Baltimore. William was born there. He encountered much hardship and received minimal schooling. When he was 10 years of age, his father, seeking better opportunity, moved his family to North Carolina.
In 1771 Few, his father, and a brother associated themselves with the “Regulators,” a group of frontiersmen who opposed the royal governor. As a result, the brother was hanged, the Few family farm was destroyed, and the father was forced to move once again, this time to Georgia. William remained behind, helping to settle his father’s affairs, until 1776 when he joined his family near Wrightsboro, Ga. About this time, he won admittance to the bar, based on earlier informal study, and set up practice in Augusta.
When the War for Independence began, Few enthusiastically aligned himself with the Whig cause. Although largely self-educated, he soon proved his capacity for leadership and won a lieutenant-colonelcy in the dragoons. In addition, he entered politics. He was elected to the Georgia provincial congress of 1776 and during the war twice served in the assembly, in 1777 and 1779. During the same period, he also sat on the state executive council besides holding the positions of surveyor-general and Indian commissioner. He also served in the Continental Congress (1780-88), during which time he was reelected to the Georgia Assembly (1783).
Four years later, Few was appointed as one of six state delegates to the Constitutional Convention, two of whom never attended and two others of whom did not stay for the duration. Few himself missed large segments of the proceedings, being absent during all of July and part of August because of congressional service, and never made a speech. Nonetheless, he contributed nationalist votes at critical times. Furthermore, as a delegate to the last sessions of the Continental Congress, he helped steer the Constitution past its first obstacle, approval by Congress. And he attended the state ratifying convention.
Few became one of his state’s first U.S. senators (1789-93). When his term ended, he headed back home and served again in the assembly. In 1796 he received an appointment as a federal judge for the Georgia circuit. For reasons unknown, he resigned his judgeship in 1799 at the age of 52 and moved to New York City.
Few’s career continued to blossom. He served 4 years in the legislature (1802-5) and then as inspector of prisons (1802-10), alderman (1813-14), and U.S. commissioner of loans (1804). From 1804 to 1814 he held a directorship at the Manhattan Bank and later the presidency of City Bank. A devout Methodist, he also donated generously to philanthropic causes.
When Few died in 1828 at the age of 80 in Fishkill-on-the-Hudson (present Beacon), he was survived by his wife (born Catherine Nicholson) and three daughters. Originally buried in the yard of the local Reformed Dutch Church, his body was later reinterred at St. Paul’s Church, Augusta, GA.
William Houston
William Houston was the son of Sir Patrick Houston, a member of the council under the royal government of Georgia. He was born in 1755 in Savannah, GA. Houston received a liberal education, which included legal training at Inner Temple in London. The War for Independence cut short his training, and Houston returned home to Georgia. For many years members of Houston’s family had been high officials in the colony. With the onset of war, many remained loyal to the crown, but William, a zealous advocate of colonists’ rights, was among the first to counsel resistance to British aggression.
Houston represented Georgia in the Continental Congress from 1783 through 1786. He was chosen as one of Georgia’s agents to settle a boundary dispute with South Carolina in 1785 and was one of the original trustees of the University of Georgia at Athens.
When the Constitutional Convention convened in 1787, Houston presented his credentials as one of Georgia’s delegates. He stayed for only a short time, from June 1 until about July 23, but he was present during the debate on the representation question. Houston split Georgia’s vote on equal representation in the Senate, voting “nay” against Abraham Baldwin’s “aye.”
Houston died in Savannah on March 17, 1813, and was interred in St. Paul’s Chapel, New York City.
William Leigh Pierce
Very little is known about William Pierce’s early life. He was probably born in Georgia in 1740, but he grew up in Virginia. During the Revolutionary War Pierce acted as an aide-de-camp to Gen. Nathanael Greene and eventually attained the rank of brevet major. For his conduct at the battle of Eutaw Springs, Congress presented him with a ceremonial sword.
The year Pierce left the army, 1783, he married Charlotte Fenwick of South Carolina. They had two sons, one of whom died as a child. Pierce made his home in Savannah, where he engaged in business. He first organized an import-export company, Pierce, White, and Call, in 1783, but it dissolved less than a year later. He made a new start with his wife’s dowry and formed William Pierce & Company. In 1786 he was a member of the Georgia House of Representatives and was also elected to the Continental Congress.
At the Constitutional Convention Pierce did not play a large role, but he exerted some influence and participated in three debates. He argued for the election of one house of the federal legislature by the people and one house by the states; he favored a 3-year term instead of a 7-year term in the second house. Because he agreed that the Articles had been insufficient, he recommended strengthening the federal government at the expense of state privileges as long as state distinctions were not altogether destroyed. Pierce approved of the resulting Constitution, but he found it necessary to leave in the middle of the proceedings. A decline in the European rice market adversely affected his business. Soon after he returned to Savannah he went bankrupt, having “neither the skill of an experienced merchant nor any reserve capital.” Only 2 years later, on December 10, 1789, Pierce died in Savannah at age 49 leaving tremendous debts.
Pierce’s notes on the proceedings of the convention were published in the Savannah Georgian in 1828. In them he wrote incisive character sketches that are especially valuable for the information they provide about the lesser-known delegates.
Maryland
Daniel Carroll
Daniel Carroll was member of a prominent Maryland family of Irish descent. A collateral branch was led by Charles Carroll of Carrollton, signer of the Declaration of Independence. Daniel’s older brother was John Carroll, the first Roman Catholic bishop in the United States.
Daniel was born in 1730 at Upper Marlboro, MD. Befitting the son of a wealthy Roman Catholic family, he studied for 6 years (1742-48) under the Jesuits at St. Omer’s in Flanders. Then, after a tour of Europe, he sailed home and soon married Eleanor Carroll, apparently a first cousin of Charles Carroll of Carrollton. Not much is known about the next two decades of his life except that he backed the War for Independence reluctantly and remained out of the public eye. No doubt he lived the life of a gentleman planter.
In 1781 Carroll entered the political arena. Elected to the Continental Congress that year, he carried to Philadelphia the news that Maryland was at last ready to accede to the Articles of Confederation, to which he soon penned his name. During the decade, he also began a tour in the Maryland senate that was to span his lifetime and helped George Washington promote the Patowmack Company, a scheme to canalize the Potomac River so as to provide a transportation link between the East and the trans-Appalachian West.
Carroll did not arrive at the Constitutional Convention until July 9, but thereafter he attended quite regularly. He spoke about 20 times during the debates and served on the Committee on Postponed Matters. Returning to Maryland after the convention, he campaigned for ratification of the Constitution but was not a delegate to the state convention.
In 1789 Carroll won a seat in the U.S. House of Representatives, where he voted for locating the Nation’s Capital on the banks of the Potomac and for Hamilton’s program for the federal assumption of state debts. In 1791 George Washington named his friend Carroll as one of three commissioners to survey and define the District of Columbia, where Carroll owned much land. Ill health caused him to resign this post 4 years later, and the next year at the age of 65 he died at his home near Rock Creek in Forest Glen, MD. He was buried there in St. John’s Catholic Cemetery.
Daniel of St. Thomas Jenifer
Jenifer was born in 1723 of Swedish and English descent at Coates Retirement (now Ellerslie) estate, near Port Tobacco in Charles County, Md. Little is known about his childhood or education, but as an adult he came into possession of a large estate near Annapolis, called Stepney, where he lived most of his life. He never married. The web of his far-reaching friendships included such illustrious personages as George Washington.
As a young man, Jenifer served as agent and receiver-general for the last two proprietors of Maryland. He also filled the post of justice of the peace in Charles County and later for the western circuit of Maryland. In 1760 he sat on a boundary commission that settled disputes between Pennsylvania and Delaware. Six years later, he became a member of the provincial court and from 1773 to 1776 sat on the Maryland royal governor’s council.
Despite his association with conservative proprietary politics, Jenifer supported the Revolutionary movement, albeit at first reluctantly. He served as president of the Maryland council of safety (1775-77), then as president of the first state senate (1777-80). He sat in the Continental Congress (1778-82) and held the position of state revenue and financial manager (1782-85).
A conservative nationalist, Jenifer favored a strong and permanent union of the states and a Congress with taxation power. In 1785 he represented Maryland at the Mount Vernon Conference. Although he was one of 29 delegates who attended nearly every session of the Constitutional Convention, he did not speak often but backed Madison and the nationalist element.
Jenifer lived only 3 more years and never again held public office. He died at the age of 66 or 67 at Annapolis in 1790. The exact location of his grave, possibly at Ellerslie estate, is unknown.
Luther Martin
Like many of the delegates to the Constitutional Convention, Luther Martin attended the College of New Jersey (later Princeton), from which he graduated with honors in 1766. Though born in Brunswick, NJ., in 1748, Martin moved to Maryland after receiving his degree and taught there for 3 years. He then began to study the law and was admitted to the Virginia bar in 1771.
Martin was an early advocate of American independence from Great Britain. In the fall of 1774 he served on the patriot committee of Somerset County, and in December he attended a convention of the Province of Maryland in Annapolis, which had been called to consider the recommendations of the Continental Congress. Maryland appointed Luther Martin its attorney general in early 1778. In this capacity, Martin vigorously prosecuted Loyalists, whose numbers were strong in many areas. Tensions had even led to insurrection and open warfare in some counties. While still attorney general, Martin joined the Baltimore Light Dragoons. In July 1781 his unit joined Lafayette’s forces near Fredericksburg, VA., but Martin was recalled by the governor to prosecute a treason trial.
Martin married Maria Cresap on Christmas Day 1783. Of their five children, three daughters lived to adulthood. His postwar law practice grew to become one of the largest and most successful in the country. In 1785 Martin was elected to the Continental Congress, but this appointment was purely honorary. His numerous public and private duties prevented him from traveling to Philadelphia.
At the Constitutional Convention Martin opposed the idea of a strong central government. When he arrived on June 9, 1787, he expressed suspicion of the secrecy rule imposed on the proceedings. He consistently sided with the small states and voted against the Virginia Plan. On June 27 Martin spoke for more than 3 hours in opposition to the Virginia Plan’s proposal for proportionate representation in both houses of the legislature. Martin served on the committee formed to seek a compromise on representation, where he supported the case for equal numbers of delegates in at least one house. Before the convention closed, he and another Maryland delegate, John Francis Mercer, walked out.
In an address to the Maryland House of Delegates in 1787 and in numerous newspaper articles, Martin attacked the proposed new form of government and continued to fight ratification of the Constitution through 1788. He lamented the ascension of the national government over the states and condemned what he saw as unequal representation in Congress. Martin opposed including slaves in determining representation and believed that the absence of a jury in the Supreme Court gravely endangered freedom. At the convention, Martin complained, the aggrandizement of particular states and individuals often had been pursued more avidly than the welfare of the country. The assumption of the term “federal” by those who favored a national government also irritated Martin. Around 1791, however, Martin turned to the Federalist party because of his animosity toward Thomas Jefferson.
The first years of the 1800s saw Martin as defense counsel in two controversial national cases. In the first Martin won an acquittal for his close friend, Supreme Court Justice Samuel Chase, in his impeachment trial in 1805. Two years later Martin was one of Aaron Burr’s defense lawyers when Burr stood trial for treason in 1807.
After a record 28 consecutive years as state attorney general, Luther Martin resigned in December 1805. In 1813 Martin became chief judge of the court of oyer and terminer for the City and County of Baltimore. He was reappointed attorney general of Maryland in 1818, and in 1819 he argued Maryland’s position in the landmark Supreme Court case McCulloch v. Maryland. The plaintiff, represented by Daniel Webster, William Pinckney, and William Wirt, won the decision, which determined that states could not tax federal institutions.
Martin’s fortunes declined dramatically in his last years. Heavy drinking, illness, and poverty all took their toll. Paralysis, which had struck in 1819, forced him to retire as Maryland’s attorney general in 1822. In 1826, at the age of 78, Luther Martin died in Aaron Burr’s home in New York City and was buried in an unmarked grave in St. John’s churchyard.
James McHenry
McHenry was born at Ballymena, County Antrim, Ireland, in 1753. He enjoyed a classical education at Dublin, and emigrated to Philadelphia in 1771. The following year, the rest of his family came to the colonies, and his brother and father established an import business at Baltimore. During that year, James continued schooling at Newark Academy in Delaware and then studied medicine for 2 years under the well-known Dr. Benjamin Rush in Philadelphia.
During the War for Independence, McHenry served as a military surgeon. Late in 1776, while he was on the staff of the 5th Pennsylvania Battalion, the British captured him at Fort Washington, NY. He was paroled early the next year and exchanged in March 1778. Returning immediately to duty, he was assigned to Valley Forge, PA, and in May became secretary to George Washington. About this time, McHenry apparently quit the practice of medicine to devote himself to politics and administration; he apparently never needed to return to it after the war because of his excellent financial circumstances.
McHenry stayed on Washington’s staff until 1780, when he joined that of the Marquis de Lafayette, and he remained in that assignment until he entered the Maryland Senate (1781-86). During part of this period, he served concurrently in the Continental Congress (1783-86). In 1784 he married Margaret Allison Caldwell.
McHenry missed many of the proceedings at the Philadelphia convention, in part because of the illness of his brother, and played an insubstantial part in the debates when he was present. He did, however, maintain a private journal that has been useful to posterity. He campaigned strenuously for the Constitution in Maryland and attended the state ratifying convention.
From 1789 to 1791, McHenry sat in the state assembly and in the years 1791-96 again in the senate. A staunch Federalist, he then accepted Washington’s offer of the post of Secretary of War and held it into the administration of John Adams. McHenry looked to Hamilton rather than to Adams for leadership. As time passed, the latter became increasingly dissatisfied with McHenry’s performance and distrustful of his political motives and in 1800 forced him to resign. Subsequently, the Democratic-Republicans accused him of maladministration, but a congressional committee vindicated him.
McHenry returned to his estate near Baltimore and to semiretirement. He remained a loyal Federalist and opposed the War of 1812. He also held the office of president of a Bible society. He died in 1816 at the age of 62, survived by two of his three children. His grave is in Baltimore’s Westminster Presbyterian Cemetery.
John Francis Mercer
John Francis Mercer, born on May 17, 1759, was the fifth of nine children born to John and Ann Mercer of Stafford County, VA. He attended the College of William and Mary, and in early 1776 he joined the 3d Virginia Regiment. Mercer became Gen. Charles Lee’s aide-decamp in 1778, but after General Lee’s court-martial in October 1779, Mercer resigned his commission. He spent the next year studying law at the College of William and Mary and then rejoined the army, where he served briefly under Lafayette.
In 1782 Mercer was elected to the Virginia House of Delegates. That December he became one of Virginia’s representatives to the Continental Congress. He later returned to the House of Delegates in 1785 and 1786.
Mercer married Sophia Sprigg in 1785 and soon after moved to Anne Arundel County, MD. He attended the Constitutional Convention as part of Maryland’s delegation when he was only 28 years old, the second youngest delegate in Philadelphia. Mercer was strongly opposed to centralization, and both spoke and voted against the Constitution. He and fellow Marylander Luther Martin left the proceedings before they ended.
After the convention, Mercer continued in public service. He allied himself with the Republicans and served in the Maryland House of Delegates in 1778-89, 1791-92, 1800-1801, and 1803-6. Between 1791 and 1794 he also sat in the U.S. House of Representatives for Maryland and was chosen governor of the state for two terms, 1801-3. During Thomas Jefferson’s term as President, Mercer broke with the Republicans and joined the Federalist camp.
Illness plagued him during his last years. In 1821 Mercer traveled to Philadelphia to seek medical attention, and he died there on August 30. His remains lay temporarily in a vault in St. Peter’s Church in Philadelphia and were reinterred on his estate, “Cedar Park” in Maryland.
Massachusetts
Elbridge Gerry
Gerry was born in 1744 at Marblehead, MA, the third of 12 children. His mother was the daughter of a Boston merchant; his father, a wealthy and politically active merchant-shipper who had once been a sea captain. Upon graduating from Harvard in 1762, Gerry joined his father and two brothers in the family business, exporting dried codfish to Barbados and Spain. He entered the colonial legislature (1772-74), where he came under the influence of Samuel Adams, and took part in the Marblehead and Massachusetts committees of correspondence. When Parliament closed Boston harbor in June 1774, Marblehead became a major port of entry for supplies donated by patriots throughout the colonies to relieve Bostonians, and Gerry helped transport the goods.
Between 1774 and 1776 Gerry attended the first and second provincial congresses. He served with Samuel Adams and John Hancock on the council of safety and, as chairman of the committee of supply (a job for which his merchant background ideally suited him) wherein he raised troops and dealt with military logistics. On the night of April 18, 1775
Gerry attended a meeting of the council of safety at an inn in Menotomy (Arlington), between Cambridge and Lexington, and barely escaped the British troops marching on Lexington and Concord.
In 1776 Gerry entered the Continental Congress, where his congressional specialities were military and financial matters. In Congress and throughout his career his actions often appeared contradictory. He earned the nickname “soldiers’ friend” for his advocacy of better pay and equipment, yet he vacillated on the issue of pensions. Despite his disapproval of standing armies, he recommended long-term enlistments.
Until 1779 Gerry sat on and sometimes presided over the congressional board that regulated Continental finances. After a quarrel over the price schedule for suppliers, Gerry, himself a supplier, walked out of Congress. Although nominally a member, he did not reappear for 3 years. During the interim, he engaged in trade and privateering and served in the lower house of the Massachusetts legislature.
As a representative in Congress in the years 1783-85, Gerry numbered among those who had possessed talent as Revolutionary agitators and wartime leaders but who could not effectually cope with the painstaking task of stabilizing the national government. He was experienced and conscientious but created many enemies with his lack of humor, suspicion of the motives of others, and obsessive fear of political and military tyranny. In 1786, the year after leaving Congress, he retired from business, married Ann Thompson, and took a seat in the state legislature.
Gerry was one of the most vocal delegates at the Constitutional Convention of 1787. He presided as chairman of the committee that produced the Great Compromise but disliked the compromise itself. He antagonized nearly everyone by his inconsistency and, according to a colleague, “objected to everything he did not propose.” At first an advocate of a strong central government, Gerry ultimately rejected and refused to sign the Constitution because it lacked a bill of rights and because he deemed it a threat to republicanism. He led the drive against ratification in Massachusetts and denounced the document as “full of vices.” Among the vices, he listed inadequate representation of the people, dangerously ambiguous legislative powers, the blending of the executive and the legislative, and the danger of an oppressive judiciary. Gerry did see some merit in the Constitution, though, and believed that its flaws could be remedied through amendments. In 1789, after he announced his intention to support the Constitution, he was elected to the First Congress where, to the chagrin of the Antifederalists, he championed Federalist policies.
Gerry left Congress for the last time in 1793 and retired for 4 years. During this period he came to mistrust the aims of the Federalists, particularly their attempts to nurture an alliance with Britain, and sided with the pro-French Democratic-Republicans. In 1797 President John Adams appointed him as the only non-Federalist member of a three-man commission charged with negotiating a reconciliation with France, which was on the brink of war with the United States. During the ensuing XYZ affair (1797-98), Gerry tarnished his reputation. Talleyrand, the French foreign minister, led him to believe that his presence in France would prevent war, and Gerry lingered on long after the departure of John Marshall and Charles Cotesworth Pinckney, the two other commissioners. Finally, the embarrassed Adams recalled him, and Gerry met severe censure from the Federalists upon his return.
In 1800-1803 Gerry, never very popular among the Massachusetts electorate because of his aristocratic haughtiness, met defeat in four bids for the Massachusetts governorship but finally triumphed in 1810. Near the end of his two terms, scarred by partisan controversy, the Democratic-Republicans passed a redistricting measure to ensure their domination of the state senate. In response, the Federalists heaped ridicule on Gerry and coined the pun “gerrymander” to describe the salamander-like shape of one of the redistricted areas.
Despite his advanced age, frail health, and the threat of poverty brought on by neglect of personal affairs, Gerry served as James Madison’s Vice President in 1813. In the fall of 1814, the 70-year old politician collapsed on his way to the Senate and died. He left his wife, who was to live until 1849, the last surviving widow of a signer of the Declaration of Independence, as well as three sons and four daughters. Gerry is buried in Congressional Cemetery at Washington, DC.
Nathaniel Gorham
Gorham, an eldest child, was born in 1738 at Charlestown, MA, into an old Bay Colony family of modest means. His father operated a packet boat. The youth’s education was minimal. When he was about 15 years of age, he was apprenticed to a New London, CT, merchant. He quit in 1759, returned to his hometown and established a business which quickly succeeded. In 1763 he wed Rebecca Call, who was to bear nine children.
Gorham began his political career as a public notary but soon won election to the colonial legislature (1771-75). During the Revolution, he unswervingly backed the Whigs. He was a delegate to the provincial congress (1774-75), member of the Massachusetts Board of War (1778-81), delegate to the constitutional convention (1779-80), and representative in both the upper (1780) and lower (1781-87) houses of the legislature, including speaker of the latter in 1781, 1782, and 1785. In the last year, though he apparently lacked formal legal training, he began a judicial career as judge of the Middlesex County court of common pleas (1785-96). During this same period, he sat on the Governor’s Council (1788-89).
During the war, British troops had ravaged much of Gorham’s property, though by privateering and speculation he managed to recoup most of his fortune. Despite these pressing business concerns and his state political and judicial activities, he also served the nation. He was a member of the Continental Congress (1782-83 and 1785-87), and held the office of president from June 1786 until January 1787.
The next year, at age 49, Gorham attended the Constitutional Convention. A moderate nationalist, he attended all the sessions and played an influential role.. He spoke often, acted as chairman of the Committee of the Whole, and sat on the Committee of Detail. As a delegate to the Massachusetts ratifying convention, he stood behind the Constitution.
Some unhappy years followed. Gorham did not serve in the new government he had helped to create. In 1788 he and Oliver Phelps of Windsor, CT, and possibly others, contracted to purchase from the Commonwealth of Massachusetts 6 million acres of unimproved land in western New York. The price was $1 million in devalued Massachusetts scrip. Gorham and Phelps quickly succeeded in clearing Indian title to 2,600,000 acres in the eastern section of the grant and sold much of it to settlers. Problems soon arose, however. Massachusetts scrip rose dramatically in value, enormously swelling the purchase price of the vast tract. By 1790 the two men were unable to meet their payments. The result was a financial crisis that led to Gorham’s insolvency–and a fall from the heights of Boston society and political esteem.
Gorham died in 1796 at the age of 58 and is buried at the Phipps Street Cemetery in Charlestown, MA.
Rufus King
King was born at Scarboro (Scarborough), MA (present Maine), in 1755. He was the eldest son of a prosperous farmer-merchant. At age 12, after receiving an elementary education at local schools, he matriculated at Dummer Academy in South Byfield, MA, and in 1777 graduated from Harvard. He served briefly as a general’s aide during the War for Independence. Choosing a legal career, he read for the law at Newburyport, MA, and entered practice there in 1780.
King’s knowledge, bearing, and oratorical gifts soon launched him on a political career. From 1783 to 1785 he was a member of the Massachusetts legislature, after which that body sent him to the Continental Congress (1784-86). There, he gained a reputation as a brilliant speaker and an early opponent of slavery. Toward the end of his tour, in 1786, he married Mary Alsop, daughter of a rich New York City merchant. He performed his final duties for Massachusetts by representing her at the Constitutional Convention and by serving in the commonwealth’s ratifying convention.
At age 32, King was not only one of the most youthful of the delegates at Philadelphia, but was also one of the most important. He numbered among the most capable orators. Furthermore, he attended every session. Although he came to the convention unconvinced that major changes should be made in the Articles of Confederation, his views underwent a startling transformation during the debates. With Madison, he became a leading figure in the nationalist caucus. He served with distinction on the Committee on Postponed Matters and the Committee of Style. He also took notes on the proceedings, which have been valuable to historians.
About 1788 King abandoned his law practice, moved from the Bay State to Gotham, and entered the New York political forum. He was elected to the legislature (1789-90), and in the former year was picked as one of the state’s first U.S. senators. As political divisions grew in the new government, King expressed ardent sympathies for the Federalists. In Congress, he supported Hamilton’s fiscal program and stood among the leading proponents of the unpopular Jay’s Treaty (1794).
Meantime, in 1791, King had become one of the directors of the First Bank of the United States. Reelected to the U.S. Senate in 1795, he served only a year before he was appointed as Minister to Great Britain (1796-1803).
King’s years in this post were difficult ones in Anglo-American relations. The wars of the French Revolution endangered U.S. commerce in the maritime clashes between the French and the British. The latter in particular violated American rights on the high seas, especially by the impressment of sailors. Although King was unable to bring about a change in this policy, he smoothed relations between the two nations.
In 1803 King sailed back to the United States and to a career in politics. In 1804 and 1808 fellow-signer Charles Cotesworth Pinckney and he were the Federalist candidates for President and Vice President, respectively, but were decisively defeated. Otherwise, King largely contented himself with agricultural pursuits at King Manor, a Long Island estate he had purchased in 1805. During the War of 1812, he was again elected to the U.S. Senate (1813-25) and ranked as a leading critic of the war. Only after the British attacked Washington in 1814 did he come to believe that the United States was fighting a defensive action and to lend his support to the war effort.
In 1816 the Federalists chose King as their candidate for the presidency, but James Monroe beat him handily. Still in the Senate, that same year King led the opposition to the establishment of the Second Bank of the United States. Four years later, believing that the issue of slavery could not be compromised but must be settled once and for all by the immediate establishment of a system of compensated emancipation and colonization, he denounced the Missouri Compromise.
In 1825, suffering from ill health, King retired from the Senate. President John Quincy Adams, however, persuaded him to accept another assignment as Minister to Great Britain. He arrived in England that same year, but soon fell ill and was forced to return home the following year. Within a year, at the age of 72, in 1827, he died. Surviving him were several offspring, some of whom also gained distinction. He was laid to rest near King Manor in the cemetery of Grace Episcopal Church, Jamaica, Long Island, NY.
Caleb Strong
Strong was born to Caleb and Phebe Strong on January 9, 1745 in Northampton, MA. He received his college education at Harvard, from which he graduated with highest honors in 1764. Like so many of the delegates to the Constitutional Convention, Strong chose to study law and was admitted to the bar in 1772. He enjoyed a prosperous country practice.
From 1774 through the duration of the Revolution, Strong was a member of Northampton’s committee of safety. In 1776 he was elected to the Massachusetts General Court and also held the post of county attorney for Hampshire County for 24 years. He was offered a position on the state supreme court in 1783 but declined it.
At the Constitutional Convention, Strong counted himself among the delegates who favored a strong central government. He successfully moved that the House of Representatives should originate all money bills and sat on the drafting committee. Though he preferred a system that accorded the same rank and mode of election to both houses of Congress, he voted in favor of equal representation in the Senate and proportional in the House. Strong was called home on account of illness in his family and so missed the opportunity to sign the Constitution. However, during the Massachusetts ratifying convention, he took a leading role among the Federalists and campaigned strongly for ratification.
Massachusetts chose Strong as one of its first U.S. senators in 1789. During the 4 years he served in that house, he sat on numerous committees and participated in framing the Judiciary Act. Caleb Strong wholeheartedly supported the Washington administration. In 1793 he urged the government to send a mission to England and backed the resulting Jay’s Treaty when it met heated opposition.
Caleb Strong, the Federalist candidate, defeated Elbridge Gerry to become Governor of Massachusetts in 1800. Despite the growing strength of the Democratic party in the state, Strong won reelection annually until 1807. In 1812 he regained the governorship, once again over Gerry, and retained his post until he retired in 1816. During the War of 1812 Strong withstood pressure from the Secretary of War to order part of the Massachusetts militia into federal service. Strong opposed the war and approved the report of the Hartford Convention, a gathering of New England Federalists resentful of Jeffersonian policies.
Strong died on November 7, 1819, 2 years after the death of his wife, Sarah. He was buried in the Bridge Street Cemetery in Northampton. Four of his nine children survived him.
New Hampshire
Nicholas Gilman
Member of a distinguished New Hampshire family and second son in a family of eight, Nicholas Gilman was born at Exeter in 1755. He received his education in local schools and worked at his father’s general store. When the War for Independence began, he enlisted in the New Hampshire element of the Continental Army, soon won a captaincy, and served throughout the war. Gilman returned home, again helped his father in the store, and immersed himself in politics. In the period 1786-88 he sat in the Continental Congress, though his attendance record was poor. In 1787 he represented New Hampshire at the Constitutional Convention. He did not arrive at Philadelphia until July 21, by which time much major business had already occurred. Never much of a debater, he made no speeches and played only a minor part in the deliberations. He did, however, serve on the Committee on Postponed Matters. He was also active in obtaining New Hampshire’s acceptance of the Constitution and in shepherding it through the Continental Congress. Gilman later became a prominent Federalist politician. He served in the U.S. House of Representatives from 1789 until 1797; and in 1793 and 1797 was a presidential elector. He also sat in the New Hampshire legislature in 1795, 1802, and 1804, and in the years 1805-8 and 1811-14 he held the office of state treasurer. Meantime, Gilman’s political philosophy had begun to drift toward the Democratic-Republicans. In 1802, when he was defeated for the U.S. Senate, President Jefferson appointed him as a bankruptcy commissioner, and 2 years later as a Democratic-Republican he won election to the U.S. Senate. He was still serving there when he passed away at Philadelphia, while on his way home from Washington, DC, in 1814 at the age of 58. He is interred at the Winter Street Cemetery at Exeter.
John Langdon
Langdon was born in 1741 at or near Portsmouth, NH. His father, whose family had emigrated to America before 1660, was a prosperous farmer who sired a large family. The youth’s education was intermittent. He attended a local grammar school, worked as an apprentice clerk, and spent some time at sea. Eventually he went into the mercantile business for himself and prospered. Langdon, a vigorous supporter of the Revolution, sat on the New Hampshire committee of correspondence and a nonimportation committee. He also attended various patriot assemblies. In 1774 he participated in the seizure and confiscation of British munitions from the Portsmouth fort. The next year, Langdon served as speaker of the New Hampshire assembly and also sat in the Continental Congress (1775-76). During the latter year, he accepted a colonelcy in the militia of his state and became its agent for British prizes on behalf of the Continental Congress, a post he held throughout the war. In addition, he built privateers for operations against the British–a lucrative occupation. Langdon also actively took part in the land war. In 1777 he organized and paid for Gen. John Stark’s expedition from New Hampshire against British Gen. John Burgoyne and was present in command of a militia unit at Saratoga, NY, when the latter surrendered. Langdon later led a detachment of troops during the Rhode Island campaign, but found his major outlet in politics. He was speaker of the New Hampshire legislature from 1777 to 1781. In 1777, meantime, he had married Elizabeth Sherburne, who was to give birth to one daughter. In 1783 Langdon was elected to the Continental Congress; the next year, to the state senate; and the following year, as president, or chief executive, of New Hampshire. In 1784 he built a home at Portsmouth. In 1786-87 he was back again as speaker of the legislature and during the latter year for the third time in the Continental Congress. Langdon was forced to pay his own expenses and those of Nicholas Gilman to the Constitutional Convention because New Hampshire was unable or unwilling to pay them. The pair did not arrive at Philadelphia until late July, by which time much business had already been consummated. Thereafter, Langdon made a significant mark. He spoke more than 20 times during the debates and was a member of the committee that struck a compromise on the issue of slavery. For the most part, his sympathies lay on the side of strengthening the national government. In 1788, once again as state president (1788-89), he took part in the ratifying convention. From 1789 to 1801 Langdon sat in the U.S. Senate, including service as the first President pro tem for several sessions. During these years, his political affiliations changed. As a supporter of a strong central government, he had been a member of the Federalist Party, but by the time of Jay’s Treaty (1794) he was opposing its policies. By 1801 he was firmly backing the Democratic-Republicans. That year, Langdon declined Jefferson’s offer of the Secretaryship of the Navy. Between then and 1812, he kept active in New Hampshire politics. He sat again in the legislature (1801-5), twice holding the position of speaker. After several unsuccessful attempts, in 1805 he was elected as governor and continued in that post until 1811 except for a year’s hiatus in 1809. Meanwhile, in 1805, Dartmouth College had awarded him an honorary doctor of laws degree. In 1812 Langdon refused the Democratic-Republican Vice-Presidential nomination on the grounds of age and health. He enjoyed retirement for another 7 years before he died at the age of 78. His grave is at Old North Cemetery in Portsmouth.
New Jersey
David Brearly
Brearly (Brearley) was descended from a Yorkshire, England, family, one of whose members migrated to New Jersey around 1680. Signer Brearly was born in 1745 at Spring Grove near Trenton, was reared in the area, and attended but did not graduate from the nearby College of New Jersey (later Princeton). He chose law as a career and originally practiced at Allentown, NJ. About 1767 he married Elizabeth Mullen. Brearly avidly backed the Revolutionary cause. The British arrested him for high treason, but a group of patriots freed him. In 1776 he took part in the convention that drew up the state constitution. During the War for Independence, he rose from a captain to a colonel in the militia. In 1779 Brearly was elected as chief justice of the New Jersey supreme court, a position he held until 1789. He presided over the precedent-setting case of Holmes v. Walton. His decision, rendered in 1780, represented an early expression of the principle of judicial review. The next year, the College of New Jersey bestowed an honorary M.A. degree on him. Brearly was 42 years of age when he participated in the Constitutional Convention. Although he did not rank among the leaders, he attended the sessions regularly. A follower of Paterson, who introduced the New Jersey Plan, Brearly opposed proportional representation of the states and favored one vote for each of them in Congress. He also chaired the Committee on Postponed Matters. Brearly’s subsequent career was short, for he had only 3 years to live. He presided at the New Jersey convention that ratified the Constitution in 1788, and served as a presidential elector in 1789. That same year, President Washington appointed him as a federal district judge, and he served in that capacity until his death. When free from his judicial duties, Brearly devoted much energy to lodge and church affairs. He was one of the leading members of the Masonic Order in New Jersey, as well as state vice president of the Society of the Cincinnati, an organization of former officers of the Revolutionary War. In addition, he served as a delegate to the Episcopal General Conference (1786) and helped write the church’s prayer book. In 1783, following the death of his first wife, he had married Elizabeth Higbee. Brearly died in Trenton at the age of 45 in 1790. He was buried there at St. Michael’s Episcopal Church.
Jonathan Dayton
Dayton was born at Elizabethtown (present Elizabeth), NJ, in 1760. His father was a storekeeper who was also active in local and state politics. The youth obtained a good education, graduating from the College of New Jersey (later Princeton) in 1776. He immediately entered the Continental Army and saw extensive action. Achieving the rank of captain by the age of 19 and serving under his father, Gen. Elias Dayton, and the Marquis de Lafayette, he was a prisoner of the British for a time and participated in the Battle of Yorktown, VA.
After the war, Dayton returned home, studied law, and established a practice. During the 1780s he divided his time between land speculation, legal practice, and politics. He sat in the assembly in 1786-87. In the latter year, he was chosen as a delegate to the Constitutional Convention after the leaders of his political faction, his father and his patron, Abraham Clark, declined to attend. Dayton did not arrive at Philadelphia until June 21 but thereafter faithfully took part in the proceedings. He spoke with moderate frequency during the debates and, though objecting to some provisions of the Constitution, signed it.
After sitting in the Continental Congress in 1788, Dayton became a foremost Federalist legislator in the new government. Although elected as a representative, he did not serve in the First Congress in 1789, preferring instead to become a member of the New Jersey council and speaker of the state assembly. In 1791, however, he entered the U.S. House of Representatives (1791-99), becoming Speaker in the Fourth and Fifth Congresses. During this period, he backed Hamilton’s fiscal program, suppression of the Whisky Rebellion, Jay’s Treaty, and a host of other Federalist measures.
In personal matters Dayton purchased Boxwood Hall in 1795 as his home in Elizabethtown and resided there until his death. He was elevated to the U.S. Senate (1799-1805). He supported the Louisiana Purchase (1803) and, in conformance with his Federalist views, opposed the repeal of the Judiciary Act of 1801.
In 1806 illness prevented Dayton from accompanying Aaron Burr’s abortive expedition to the Southwest, where the latter apparently intended to conquer Spanish lands and create an empire. Subsequently indicted for treason, Dayton was not prosecuted but could not salvage his national political career. He remained popular in New Jersey, however, continuing to hold local offices and sitting in the assembly (1814-15).
In 1824 the 63-year-old Dayton played host to Lafayette during his triumphal tour of the United States, and his death at Elizabeth later that year may have been hastened by the exertion and excitement. He was laid to rest at St. John’s Episcopal Church in his hometown. Because he owned 250,000 acres of Ohio land between the Big and Little Miami Rivers, the city of Dayton, was named after him–his major monument. He had married Susan Williamson, but the date of their wedding is unknown. They had two daughters.
William C. Houston
William Houston was born about 1746 to Margaret and Archibald Houston. He attended the College of New Jersey (later Princeton) and graduated in 1768 and became master of the college grammar school and then its tutor. In 1771 he was appointed professor of mathematics and natural philosophy.
From 1775 to 1776 Houston was deputy secretary of the Continental Congress. He also saw active military service in 1776 and 1777 when, as captain of the foot militia of Somerset County, he engaged in action around Princeton. During the Revolution, Houston also served in the New Jersey Assembly (1777) and the New Jersey Council of Safety (1778). In 1779 he was once again elected to the Continental Congress, where he worked mainly in the areas of supply and finance. In addition to serving in Congress, Houston remained active in the affairs of the College of New Jersey and also found time to study law. He was admitted to the bar in 1781 and won the appointment of clerk of the New Jersey Supreme Court in the same year. Houston resigned from the college in 1783 and concentrated on his Trenton law practice. He represented New Jersey in Congress once again in 1784 and 1785.
Houston represented New Jersey at both the Annapolis and Philadelphia conventions. Though illness forced him to leave after 1 week, he did serve on a committee to consider the distribution of seats in the lower house. Houston did not sign the Constitution, but he signed the report to the New Jersey legislature.
On August 12, 1788, William Houston succumbed to tuberculosis and died in Frankford, PA., leaving his wife Jane, two daughters, and two sons. His body was laid to rest in the Second Presbyterian Churchyard in Philadelphia.
William Livingston
Livingston was born in 1723 at Albany, NY. His maternal grandmother reared him until he was 14, and he then spent a year with a missionary among the Mohawk Indians. He attended Yale and graduated in 1741.
Rejecting his family’s hope that he would enter the fur trade at Albany or mercantile pursuits in New York City, young Livingston chose to pursue a career in law at the latter place. Before he completed his legal studies, in 1745 he married Susanna French, daughter of a well-to-do New Jersey landowner. She was to bear 13 children.
Three years later, Livingston was admitted to the bar and quickly gained a reputation as the supporter of popular causes against the more conservative factions in the city. Associated with the Calvinists in religion, he opposed the dominant Anglican leaders in the colony and wielded a sharply satirical pen in verses and broadsides. Livingston attacked the Anglican attempt to charter and control King’s College (later Columbia College and University) and the dominant De Lancey party for its Anglican sympathies, and by 1758 rose to the leadership of his faction. For a decade, it controlled the colonial assembly and fought against parliamentary interference in the colony’s affairs. During this time, 1759-61, Livingston sat in the assembly.
In 1769 Livingston’s supporters, split by the growing debate as to how to respond to British taxation of the colonies, lost control of the assembly. Not long thereafter, Livingston, who had also grown tired of legal practice, moved to the Elizabethtown (present Elizabeth), NJ, area, where he had purchased land in 1760. There, in 1772-73, he built the estate, Liberty Hall, continued to write verse, and planned to live the life of a gentleman farmer.
The Revolutionary upsurge, however, brought Livingston out of retirement. He soon became a member of the Essex County, NJ, committee of correspondence; in 1774 a representative in the First Continental Congress; and in 1775-76 a delegate to the Second Continental Congress. In June 1776 he left Congress to command the New Jersey militia as a brigadier general and held this post until he was elected later in the year as the first governor of the state.
Livingston held the position throughout and beyond the war–in fact, for 14 consecutive years until his death in 1790. During his administration, the government was organized, the war won, and New Jersey launched on her path as a sovereign state. Although the pressure of affairs often prevented it, he enjoyed his estate whenever possible, conducted agricultural experiments, and became a member of the Philadelphia Society for Promoting Agriculture. He was also active in the antislavery movement.
In 1787 Livingston was selected as a delegate to the Constitutional Convention, though his gubernatorial duties prevented him from attending every session. He did not arrive until June 5 and missed several weeks in July, but he performed vital committee work, particularly as chairman of the one that reached a compromise on the issue of slavery. He also supported the New Jersey Plan. In addition, he spurred New Jersey’s rapid ratification of the Constitution (1787). The next year, Yale awarded him an honorary doctor of laws degree.
Livingston died at Liberty Hall in his 67th year in 1790. He was originally buried at the local Presbyterian Churchyard, but a year later his remains were moved to a vault his son owned at Trinity Churchyard in Manhattan and in 1844 were again relocated, to Brooklyn’s Greenwood Cemetery.
William Paterson
William Paterson (Patterson) was born in County Antrim, Ireland, in 1745. When he was almost 2 years of age, his family emigrated to America, disembarking at New Castle, DE. While the father traveled about the country, apparently selling tinware, the family lived in New London, other places in Connecticut, and in Trenton, NJ. In 1750 he settled in Princeton, NJ. There, he became a merchant and manufacturer of tin goods. His prosperity enabled William to attend local private schools and the College of New Jersey (later Princeton). He took a B.A. in 1763 and an M.A. 3 years later.
Meantime, Paterson had studied law in the city of Princeton under Richard Stockton, who later was to sign the Declaration of Independence, and near the end of the decade began practicing at New Bromley, in Hunterdon County. Before long, he moved to South Branch, in Somerset County, and then in 1779 relocated near New Brunswick at Raritan estate.
When the War for Independence broke out, Paterson joined the vanguard of the New Jersey patriots. He served in the provincial congress (1775-76), the constitutional convention (1776), legislative council (1776-77), and council of safety (1777). During the last year, he also held a militia commission. From 1776 to 1783 he was attorney general of New Jersey, a task that occupied so much of his time that it prevented him from accepting election to the Continental Congress in 1780. Meantime, the year before, he had married Cornelia Bell, by whom he had three children before her death in 1783. Two years later, he took a new bride, Euphemia White, but it is not known whether or not they had children.
From 1783, when he moved into the city of New Brunswick, until 1787, Paterson devoted his energies to the law and stayed out of the public limelight. Then he was chosen to represent New Jersey at the Constitutional Convention, which he attended only until late July. Until then, he took notes of the proceedings. More importantly, he figured prominently because of his advocacy and coauthorship of the New Jersey, or Paterson, Plan, which asserted the rights of the small states against the large. He apparently returned to the convention only to sign the final document. After supporting its ratification in New Jersey, he began a career in the new government.
In 1789 Paterson was elected to the U.S. Senate (1789-90), where he played a pivotal role in drafting the Judiciary Act of 1789. His next position was governor of his state (1790-93). During this time, he began work on the volume later published as Laws of the State of New Jersey (1800) and began to revise the rules and practices of the chancery and common law courts.
During the years 1793-1806, Paterson served as an associate justice of the U.S. Supreme Court. Riding the grueling circuit to which federal judges were subjected in those days and sitting with the full Court, he presided over a number of major trials.
In September 1806, his health failing, the 60-year-old Paterson embarked on a journey to Ballston Spa, NY, for a cure but died en route at Albany in the home of his daughter, who had married Stephen Van Rensselaer. Paterson was at first laid to rest in the nearby Van Rensselaer manor house family vault, but later his body was apparently moved to the Albany Rural Cemetery, Menands, NY
New York
Alexander Hamilton
Hamilton was born in 1757 on the island of Nevis, in the Leeward group, British West Indies. He was the illegitimate son of a common-law marriage between a poor itinerant Scottish merchant of aristocratic descent and an English-French Huguenot mother who was a planter’s daughter. In 1766, after the father had moved his family elsewhere in the Leewards to St. Croix in the Danish (now United States) Virgin Islands, he returned to St. Kitts while his wife and two sons remained on St. Croix.
The mother, who opened a small store to make ends meet, and a Presbyterian clergyman provided Hamilton with a basic education, and he learned to speak fluent French. About the time of his mother’s death in 1768, he became an apprentice clerk at Christiansted in a mercantile establishment, whose proprietor became one of his benefactors. Recognizing his ambition and superior intelligence, they raised a fund for his education.
In 1772, bearing letters of introduction, Hamilton traveled to New York City. Patrons he met there arranged for him to attend Barber’s Academy at Elizabethtown (present Elizabeth), NJ. During this time, he met and stayed for a while at the home of William Livingston, who would one day be a fellow signer of the Constitution. Late the next year, 1773, Hamilton entered King’s College (later Columbia College and University) in New York City, but the Revolution interrupted his studies.
Although not yet 20 years of age, in 1774-75 Hamilton wrote several widely read pro-Whig pamphlets. Right after the war broke out, he accepted an artillery captaincy and fought in the principal campaigns of 1776-77. In the latter year, winning the rank of lieutenant colonel, he joined the staff of General Washington as secretary and aide-de-camp and soon became his close confidant as well.
In 1780 Hamilton wed New Yorker Elizabeth Schuyler, whose family was rich and politically powerful; they were to have eight children. In 1781, after some disagreements with Washington, he took a command position under Lafayette in the Yorktown, VA, campaign (1781). He resigned his commission that November.
Hamilton then read law at Albany and quickly entered practice, but public service soon attracted him. He was elected to the Continental Congress in 1782-83. In the latter year, he established a law office in New York City. Because of his interest in strengthening the central government, he represented his state at the Annapolis Convention in 1786, where he urged the calling of the Constitutional Convention.
In 1787 Hamilton served in the legislature, which appointed him as a delegate to the convention. He played a surprisingly small part in the debates, apparently because he was frequently absent on legal business, his extreme nationalism put him at odds with most of the delegates, and he was frustrated by the conservative views of his two fellow delegates from New York. He did, however, sit on the Committee of Style, and he was the only one of the three delegates from his state who signed the finished document. Hamilton’s part in New York’s ratification the next year was substantial, though he felt the Constitution was deficient in many respects. Against determined opposition, he waged a strenuous and successful campaign, including collaboration with John Jay and James Madison in writing The Federalist. In 1787 Hamilton was again elected to the Continental Congress.
When the new government got under way in 1789, Hamilton won the position of Secretary of the Treasury. He began at once to place the nation’s disorganized finances on a sound footing. In a series of reports (1790-91), he presented a program not only to stabilize national finances but also to shape the future of the country as a powerful, industrial nation. He proposed establishment of a national bank, funding of the national debt, assumption of state war debts, and the encouragement of manufacturing.
Hamilton’s policies soon brought him into conflict with Jefferson and Madison. Their disputes with him over his pro-business economic program, sympathies for Great Britain, disdain for the common man, and opposition to the principles and excesses of the French revolution contributed to the formation of the first U.S. party system. It pitted Hamilton and the Federalists against Jefferson and Madison and the Democratic-Republicans.
During most of the Washington administration, Hamilton’s views usually prevailed with the President, especially after 1793 when Jefferson left the government. In 1795 family and financial needs forced Hamilton to resign from the Treasury Department and resume his law practice in New York City. Except for a stint as inspector-general of the Army (1798-1800) during the undeclared war with France, he never again held public office.
While gaining stature in the law, Hamilton continued to exert a powerful impact on New York and national politics. Always an opponent of fellow-Federalist John Adams, he sought to prevent his election to the presidency in 1796. When that failed, he continued to use his influence secretly within Adams’ cabinet. The bitterness between the two men became public knowledge in 1800 when Hamilton denounced Adams in a letter that was published through the efforts of the Democratic-Republicans.
In 1802 Hamilton and his family moved into The Grange, a country home he had built in a rural part of Manhattan not far north of New York City. But the expenses involved and investments in northern land speculations seriously strained his finances.
Meanwhile, when Jefferson and Aaron Burr tied in Presidential electoral votes in 1800, Hamilton threw valuable support to Jefferson. In 1804, when Burr sought the governorship of New York, Hamilton again managed to defeat him. That same year, Burr, taking offense at remarks he believed to have originated with Hamilton, challenged him to a duel, which took place at present Weehawken, NJ, on July 11. Mortally wounded, Hamilton died the next day. He was in his late forties at death. He was buried in Trinity Churchyard in New York City.
John Lansing, Jr.
On January 30, 1754, John Lansing was born in Albany, NY, to Gerrit Jacob and Jannetje Lansing. At age 21 Lansing had completed his study of the law and was admitted to practice. In 1781 he married Cornelia Ray. They had 10 children, 5 of whom died in infancy. Lansing was quite wealthy; he owned a large estate at Lansingburg and had a lucrative law practice.
From 1776 to 1777 Lansing acted as military secretary to Gen. Philip Schuyler. From the military world Lansing turned to the political and served six terms in the New York Assembly–1780-84, 1786, and 1788. During the last two terms he was speaker of the assembly. In the 2-year gap between his first four terms in the assembly and the fifth, Lansing sat in the Confederation Congress. He rounded out his public service by serving as Albany’s mayor between 1786 and 1790.
Lansing went to Philadelphia as part of the New York delegation to the Constitutional Convention. As the convention progressed, Lansing became disillusioned because he believed it was exceeding its instructions. Lansing believed the delegates had gathered together simply to amend the Articles of Confederation and was dismayed at the movement to write an entirely new constitution. After 6 weeks, John Lansing and fellow New York delegate Robert Yates left the convention and explained their departure in a joint letter to New York Governor George Clinton. They stated that they opposed any system that would consolidate the United States into one government, and they had understood that the convention would not consider any such consolidation. Furthermore, warned Lansing and Yates, the kind of government recommended by the convention could not “afford that security to equal and permanent liberty which we wished to make an invariable object of our pursuit.” In 1788, as a member of the New York ratifying convention, Lansing again vigorously opposed the Constitution.
Under the new federal government Lansing pursued a long judicial career. In 1790 he began an 11-year term on the supreme court of New York; from 1798 until 1801 he served as its chief justice. Between 1801 and 1814 Lansing was chancellor of the state. Retirement from that post did not slow him down; in 1817 he accepted an appointment as a regent of the University of the State of New York.
Lansing’s death was the most mysterious of all the delegates to the Constitutional Convention. While on a visit to New York City in 1829, he left his hotel to post some letters. No trace of him was ever found, and it was supposed that he had been murdered.
Robert Yates
The son of Joseph and Maria Yates, Robert Yates was born in Schenectady, NY, on January 27, 1738. He received a classical education in New York City and later studied law with William Livingston. Yates was admitted to the New York bar in 1760 and thereafter resided in Albany.
Between 1771 and 1775 Yates sat on the Albany board of aldermen. During the pre-Revolution years Yates counted himself among the Radical Whigs, whose vigilance against corruption and emphasis on the protection of liberty in England appealed to many in the colonies. Once the Revolution broke out, Yates served on the Albany committee of safety and represented his county in four provincial congresses and in the convention of 1775-77. At the convention he sat on various committees, including the one that drafted the first constitution for New York State.
On May 8, 1777, Yates was appointed to New York’s supreme court and presided as its chief justice from 1790 through 1798. While on the bench he attracted criticism for his fair treatment of Loyalists. Other duties included serving on commissions that were called to settle boundary disputes with Massachusetts and Vermont.
In the 1780s Robert Yates stood as a recognized leader of the Antifederalists. He opposed any concessions to the federal congress, such as the right to collect impost duties, that might diminish the sovereignty of the states. When he travelled to Philadelphia in May 1787 for the federal convention, he expected that the delegates would simply discuss revising the existing Articles. Yates was on the committee that debated the question of representation in the legislature, and it soon became apparent that the convention intended much more than modification of the current plan of union. On July 5, the day the committee presented its report, Yates and John Lansing (to whom Yates was related by marriage) left the proceedings. In a joint letter to Gov. George Clinton of New York, they spelled out the reasons for their early departure. They warned against the dangers of centralizing power and urged opposition to adopting the Constitution. Yates continued to attack the Constitution in a series of letters signed “Brutus” and “Sydney” and voted against ratification at the Poughkeepsie convention.
In 1789 Yates ran for governor of New York but lost the election. Three years after his retirement from the state supreme court, on September 9, 1801, he died, leaving his wife, Jannetje Van Ness Yates, and four of his six children. Though he had enjoyed a comfortable income at the start of his career, his capital had dwindled away until very little was left. In 1821 his notes from the Constitutional Convention were published under the title Secret Proceedings and Debates of the Convention Assembled . . . for the Purpose of Forming the Constitution of the United States.
North Carolina
William Blount
William Blount was the great-grandson of Thomas Blount, who came from England to Virginia soon after 1660 and settled on a North Carolina plantation. William, the eldest in a large family, was born in 1749 while his mother was visiting his grandfather’s Rosefield estate, on the site of present Windsor near Pamlico Sound. The youth apparently received a good education.
Shortly after the War for Independence began, in 1776, Blount enlisted as a paymaster in the North Carolina forces. Two years later, he wed Mary Grainier (Granger); of their six children who reached adulthood, one son also became prominent in Tennessee politics.
Blount spent most of the remainder of his life in public office. He sat in the lower house of the North Carolina legislature (1780-84), including service as speaker, as well as in the upper (1788-90). In addition, he took part in national politics, serving in the Continental Congress in 1782-83 and 1786-87.
Appointed as a delegate to the Constitutional Convention at the age of 38, Blount was absent for more than a month because he chose to attend the Continental Congress on behalf of his state. He said almost nothing in the debates and signed the Constitution reluctantly–only, he said, to make it “the unanimous act of the States in Convention.” Nonetheless, he favored his state’s ratification of the completed document.
Blount hoped to be elected to the first U.S. Senate. When he failed to achieve that end, in 1790 he pushed westward beyond the Appalachians, where he held speculative land interests and had represented North Carolina in dealings with the Indians. He settled in what became Tennessee, to which he devoted the rest of his life. He resided first at Rocky Mount, a cabin near present Johnson City and in 1792 built a mansion in Knoxville.
Two years earlier, Washington had appointed Blount as Governor for the Territory South of the River Ohio (which included Tennessee) and also as Superintendent of Indian Affairs for the Southern Department, in which positions he increased his popularity with the frontiersmen. In 1796 he presided over the constitutional convention that transformed part of the territory into the State of Tennessee. He was elected as one of its first U.S. senators (1796-97).
During this period, Blount’s affairs took a sharp turn for the worse. In 1797 his speculations in western lands led him into serious financial difficulties. That same year, he also apparently concocted a plan involving use of Indians, frontiersmen, and British naval forces to conquer for Britain the Spanish provinces of Florida and Louisiana. A letter he wrote alluding to the plan fell into the hands of President Adams, who turned it over to the Senate on July 3, 1797. Five days later, that body voted 25 to 1 to expel Blount. The House impeached him, but the Senate dropped the charges in 1799 on the grounds that no further action could be taken beyond his dismissal.
The episode did not hamper Blount’s career in Tennessee. In 1798 he was elected to the senate and rose to the speakership. He died 2 years later at Knoxville in his early fifties. He is buried there in the cemetery of the First Presbyterian Church.
William Richardson Davie
One of the eight delegates born outside of the thirteen colonies, Davie was born in Egremont, Cumberlandshire, England, on June 20, 1756. In 1763 Archibald Davie brought his son William to Waxhaw, SC, where the boy’s maternal uncle, William Richardson, a Presbyterian clergyman, adopted him. Davie attended Queen’s Museum College in Charlotte, North Carolina, and graduated from the College of New Jersey (later Princeton) in 1776.
Davie’s law studies in Salisbury, NC, were interrupted by military service, but he won his license to practice before county courts in 1779 and in the superior courts in 1780. When the War for Independence broke out, he helped raise a troop of cavalry near Salisbury and eventually achieved the rank of colonel. While attached to Pulaski’s division, Davie was wounded leading a charge at Stono, near Charleston, on June 20, 1779. Early in 1780 he raised another troop and operated mainly in western North Carolina. In January 1781 Davie was appointed commissary-general for the Carolina campaign. In this capacity he oversaw the collection of arms and supplies to Gen. Nathanael Greene’s army and the state militia.
After the war, Davie embarked on his career as a lawyer, traveling the circuit in North Carolina. In 1782 he married Sarah Jones, the daughter of his former commander, Gen. Allen Jones, and settled in Halifax. His legal knowledge and ability won him great respect, and his presentation of arguments was admired. Between 1786 and 1798 Davie represented Halifax in the North Carolina legislature. There he was the principal agent behind that body’s actions to revise and codify state laws, send representatives to the Annapolis and Philadelphia conventions, cede Tennessee to the Union, and fix disputed state boundaries.
During the Constitutional Convention Davie favored plans for a strong central government. He was a member of the committee that considered the question of representation in Congress and swung the North Carolina delegation’s vote in favor of the Great Compromise. He favored election of senators and presidential electors by the legislature and insisted on counting slaves in determining representation. Though he left the convention on August 13, before its adjournment, Davie fought hard for the Constitution’s ratification and took a prominent part in the North Carolina convention.
The political and military realms were not the only ones in which Davie left his mark. The University of North Carolina, of which he was the chief founder, stands as an enduring reminder of Davie’s interest in education. Davie selected the location, instructors, and a curriculum that included the literary and social sciences as well as mathematics and classics. In 1810 the trustees conferred upon him the title of “Father of the University” and in the next year granted him the degree of Doctor of Laws.
Davie became Governor of North Carolina in 1798. His career also turned back briefly to the military when President John Adams appointed him a brigadier general in the U.S. Army that same year. Davie later served as a peace commissioner to France in 1799.
Davie stood as a candidate for Congress in 1803 but met defeat. In 1805, after the death of his wife, Davie retired from politics to his plantation, “Tivoli,” in Chester County, South Carolina. In 1813 he declined an appointment as major-general from President Madison. Davie was 64 years old when he died on November 29, 1820, at “Tivoli,” and he was buried in the Old Waxhaw Presbyterian Churchyard in northern Lancaster County.
Alexander Martin
Though he represented North Carolina at the Constitutional Convention, Alexander Martin was born in Hunterdon County, NJ, in 1740. His parents, Hugh and Jane Martin, moved first to Virginia, then to Guilford County, NC, when Alexander was very young. Martin attended the College of New Jersey (later Princeton), received his degree in 1756, and moved to Salisbury. There he started his career as a merchant but turned to public service as he became justice of the peace, deputy king’s attorney, and, in 1774 and 1775, judge of Salisbury district.
At the September 1770 session of the superior court at Hillsboro, 150 Regulators armed with sticks, switches, and cudgels crowded into the courtroom. They had come to present a petition to the judge demanding unprejudiced juries and a public accounting of taxes by sheriffs. Violence erupted, and several, including Alexander Martin, were beaten. In 1771 Martin signed an agreement with the Regulators to refund all fees taken illegally and to arbitrate all differences.
From 1773 to 1774 Martin served in the North Carolina House of Commons and in the second and third provincial congresses in 1775. In September 1775 he was appointed a lieutenant colonel in the 2d North Carolina Continental Regiment. Martin saw military action in South Carolina and won promotion to a colonelcy. He joined Washington’s army in 1777, but after the Battle of Germantown he was arrested for cowardice. A court-martial tried and acquitted Martin, but he resigned his commission on November 22, 1777.
Martin’s misfortune in the army did not impede his political career. The year after his court-martial he entered the North Carolina Senate, where he served for 8 years (1778-82, 1785, and 1787-88). For every session except those of 1778-79, Martin served as speaker. From 1780 to 1781 he also sat on the Board of War and its successor, the Council Extraordinary. In 1781 Martin became acting governor of the state, and in 1782 through 1785 he was elected in his own right.
After his 1785 term in the North Carolina Senate, Martin represented his state in the Continental Congress, but he resigned in 1787. Of the five North Carolina delegates to the Constitutional Convention, Martin was the least strongly Federalist. He did not take an active part in the proceedings, and he left Philadelphia in late August 1787, before the Constitution was signed. Martin was considered a good politician but not suited to public debate. A colleague, Hugh Williamson, remarked that Martin needed time to recuperate after his great exertions as governor “to enable him again to exert his abilities to the advantage of the nation.”
Under the new national government, Martin again served as Governor of North Carolina, from 1789 until 1792. After 1790 he moved away from the Federalists to the Republicans. In 1792 Martin, elected by the Republican legislature, entered the U.S. Senate. His vote in favor of the Alien and Sedition Acts cost him reelection. Back in North Carolina, Martin returned to the state senate in 1804 and 1805 to represent Rockingham County. In 1805 he once again served as speaker. From 1790 until 1807 he was a trustee of the University of North Carolina. Martin never married, and he died on November 2, 1807 at the age of 67 at his plantation, “Danbury,” in Rockingham County and was buried on the estate.
Richard Dobbs Spaight, Sr.
Spaight was born at New Bern, NC of distinguished English-Irish parentage in 1758. When he was orphaned at 8 years of age, his guardians sent him to Ireland, where he obtained an excellent education. He apparently graduated from Scotland’s Glasgow University before he returned to North Carolina in 1778.
At that time, the War for Independence was in full swing, and Spaight’s superior attainments soon gained him a commission. He became an aide to the state militia commander and in 1780 took part in the Battle of Camden, SC. The year before, he had been elected to the lower house of the legislature.
In 1781 Spaight left the military service to devote full time to his legislative duties. He represented New Bern and Craven County (1781-83 and 1785-87); in 1785 he became speaker. Between terms, he also served in the Continental Congress (1783-85).
In 1787, at the age of 29, Spaight joined the North Carolina delegation to the Philadelphia convention. He was not a leader but spoke on several occasions and numbered among those who attended every session. After the convention, he worked in his home state for acceptance of the Constitution.
Spaight met defeat in bids for the governorship in 1787 and the U.S. Senate 2 years later. From then until 1792, illness forced his retirement from public life, during which time he visited the West Indies, but he captured the governorship in the latter year (1792-95). In 1793 he served as presidential elector. Two years later, he wed Mary Leach, who bore three children.
In 1798 Spaight entered the U.S. House of Representatives as a Democratic-Republican and remained in office until 1801. During this time, he advocated repeal of the Alien and Sedition Acts and voted for Jefferson in the contested election of 1800. The next year, Spaight was voted into the lower house of the North Carolina legislature; the following year, to the upper.
Only 44 years old in 1802, Spaight was struck down in a duel at New Bern with a political rival, Federalist John Stanly. So ended the promising career of one of the state’s foremost leaders. He was buried in the family sepulcher at Clermont estate, near New Bern.
Hugh Williamson
The versatile Williamson was born of Scotch-Irish descent at West Nottingham, PA., in 1735. He was the eldest son in a large family, whose head was a clothier. Hoping he would become a Presbyterian minister, his parents oriented his education toward that calling. After attending preparatory schools at New London Cross Roads, DE, and Newark, DE, he entered the first class of the College of Philadelphia (later part of the University of Pennsylvania) and took his degree in 1757.
The next 2 years, at Shippensburg, PA, Williamson spent settling his father’s estate. Then training in Connecticut for the ministry, he soon became a licensed Presbyterian preacher but was never ordained. Around this time, he also took a position as professor of mathematics at his alma mater.
In 1764 Williamson abandoned these pursuits and studied medicine at Edinburgh, London, and Utrecht, eventually obtaining a degree from the University of Utrecht. Returning to Philadelphia, he began to practice but found it to be emotionally exhausting. His pursuit of scientific interests continued, and in 1768 he became a member of the American Philosophical Society. The next year, he served on a commission that observed the transits of Venus and Mercury. In 1771 he wrote An Essay on Comets, in which he advanced several original ideas. As a result, the University of Leyden awarded him an LL.D. degree.
In 1773, to raise money for an academy in Newark, DE., Williamson made a trip to the West Indies and then to Europe. Sailing from Boston, he saw the Tea Party and carried news of it to London. When the British Privy Council called on him to testify as to what he had seen, he warned the councilors that the colonies would rebel if the British did not change their policies. While in England, he struck up a close friendship with fellow-scientist Benjamin Franklin, and they cooperated in electrical experiments. Moreover, Williamson furnished to Franklin the letters of Massachusetts Royal Governor Thomas Hutchinson to his lieutenant governor that created a sensation and tended to further alienate the mother country and colonies.
In 1775 a pamphlet Williamson had written while in England, called The Plea of the Colonies, was published. It solicited the support of the English Whigs for the American cause. When the United States proclaimed their independence the next year, Williamson was in the Netherlands. He soon sailed back to the United States, settling first in Charleston, SC, and then in Edenton, NC. There, he prospered in a mercantile business that traded with the French West Indies and once again took up the practice of medicine.
Williamson applied for a medical post with the patriot forces, but found all such positions filled. The governor of North Carolina, however, soon called on his specialized skills, and he became surgeon-general of state troops. After the Battle of Camden, SC, he frequently crossed British lines to tend to the wounded. He also prevented sickness among the troops by paying close attention to food, clothing, shelter, and hygiene.
After the war, Williamson began his political career. In 1782 he was elected to the lower house of the state legislature and to the Continental Congress. Three years later, he left Congress and returned to his legislative seat. In 1786 he was chosen to represent his state at the Annapolis Convention but arrived too late to take part. The next year, he again served in Congress (1787-89) and was chosen as a delegate to the Constitutional Convention. Attending faithfully and demonstrating keen debating skill, he served on five committees, notably on the Committee on Postponed Matters, and played a significant part in the proceedings, particularly the major compromise on representation.
After the convention, Williamson worked for ratification of the Constitution in North Carolina. In 1788 he was chosen to settle outstanding accounts between the state and the federal government. The next year, he was elected to the first U.S. House of Representatives, where he served two terms. In 1789 he married Maria Apthorpe, who bore at least two sons.
In 1793 Williamson moved to New York City to facilitate his literary and philanthropic pursuits. Over the years, he published many political, educational, economic, historical, and scientific works, but the last earned him the most praise. The University of Leyden awarded him an honorary degree. In addition, he was an original trustee of the University of North Carolina and later held trusteeships at the College of Physicians and Surgeons and the University of the State of New York. He was also a founder of the Literary and Philosophical Society of New York and a prominent member of the New-York Historical Society.
In 1819, at the age of 83, Williamson died in New York City and was buried at Trinity Church.
Pennsylvania
George Clymer
Clymer was orphaned in 1740, only a year after his birth in Philadelphia. A wealthy uncle reared and informally educated him and advanced him from clerk to full-fledged partner in his mercantile firm, which on his death he bequeathed to his ward. Later Clymer merged operations with the Merediths, a prominent business family, and cemented the relationship by marrying his senior partner’s daughter, Elizabeth, in 1765.
Motivated at least partly by the impact of British economic restrictions on his business, Clymer early adopted the Revolutionary cause and was one of the first to recommend independence. He attended patriotic meetings, served on the Pennsylvania council of safety, and in 1773 headed a committee that forced the resignation of Philadelphia tea consignees appointed by Britain under the Tea Act. Inevitably, in light of his economic background, he channeled his energies into financial matters. In 1775-76 he acted as one of the first two Continental treasurers, even personally underwriting the war by exchanging all his own specie for Continental currency.
In the Continental Congress (1776-77 and 1780-82) the quiet and unassuming Clymer rarely spoke in debate but made his mark in committee efforts, especially those pertaining to commerce, finance, and military affairs. During the War for Independence, he also served on a series of commissions that conducted important field investigations. In December 1776, when Congress fled from Philadelphia to Baltimore, he and George Walton and Robert Morris remained behind to carry on congressional business. Within a year, after their victory at the Battle of Brandywine, Pa. (September 11, 1777), British troops advancing on Philadelphia detoured for the purpose of vandalizing Clymer’s home in Chester County about 25 miles outside the city. His wife and children hid nearby in the woods.
After a brief retirement following his last term in the Continental Congress, Clymer was reelected for the years 1784-88 to the Pennsylvania legislature, where he had also served part time in 1780-82 while still in Congress. As a state legislator, he advocated a bicameral legislature and reform of the penal code and opposed capital punishment. At the Constitutional Convention, where he rarely missed a meeting, he spoke seldom but effectively and played a modest role in shaping the final document.
The next phase of Clymer’s career consisted of service in the U.S. House of Representatives in the First Congress (1789-91), followed by appointment as collector of excise taxes on alcoholic beverages in Pennsylvania (1791-94). In 1795-96 he sat on a Presidential commission that negotiated a treaty with the Cherokee and Creek Indians in Georgia. During his retirement, Clymer advanced various community projects, including the Philadelphia Society for Promoting Agriculture and the Pennsylvania Academy of the Fine Arts, and served as the first president of the Philadelphia Bank. At the age of 73, in 1813, he died at Summerseat, an estate a few miles outside Philadelphia at Morrisville that he had purchased and moved to in 1806. His grave is in the Friends Meeting House Cemetery at Trenton, NJ.
Thomas Fitzsimons
Fitzsimons (FitzSimons; Fitzsimmons) was born in Ireland in 1741. Coming to America about 1760, he pursued a mercantile career in Philadelphia. The next year, he married Catherine Meade, the daughter of a prominent local merchant, Robert Meade, and not long afterward went into business with one of his brothers-in-law. The firm of George Meade and Company soon became one of the leading commercial houses in the city and specialized in the West India trade.
When the Revolution erupted, Fitzsimons enthusiastically endorsed the Whig position. During the war, he commanded a company of militia (1776-77). He also sat on the Philadelphia committee of correspondence, council of safety, and navy board. His firm provided supplies and “fire” ships to the military forces and, toward the end of the war, donated £: 5,000 to the Continental Army.
In 1782-83 Fitzsimons entered politics as a delegate to the Continental Congress. In the latter year, he became a member of the Pennsylvania council of censors and served as a legislator (1786-89). His attendance at the Constitutional Convention was regular, but he did not make any outstanding contributions to the proceedings. He was, however, a strong nationalist.
After the convention, Fitzsimons continued to demonstrate his nationalistic proclivities as a three-term U.S. representative (1789-95). He allied himself closely with the program of Hamilton and the emerging Federalist Party. Once again demonstrating his commercial orientation, he advocated a protective tariff and retirement of the national debt.
Fitzsimons spent most of the remainder of his life in private business, though he retained an interest in public affairs. His views remained essentially Federalist. During the maritime difficulties in the late 1790s, he urged retaliation against British and French interference with American shipping. In the first decade of the 19th century, he vigorously opposed Jefferson’s embargo of 1807-9. In 1810, again clashing with the Jeffersonians, he championed the recharter of the First United States Bank.
But Fitzsimons’s prominence stemmed from his business leadership. In 1781 he had been one of the founders of the Bank of North America. He also helped organize and held a directorship in the Insurance Company of North America and several times acted as president of the Philadelphia Chamber of Commerce. His financial affairs, like those somewhat earlier of his associate and fellow-signer Robert Morris, took a disastrous turn in 1805. He later regained some of his affluence, but his reputation suffered.
Despite these troubles, Fitzsimons never ceased his philanthropy. He was an outstanding supporter of Philadelphia’s St. Augustine’s Roman Catholic Church. He also strived to improve public education in the commonwealth and served as trustee of the University of Pennsylvania.
Fitzsimons died at Philadelphia in 1811 after seven decades of life. His tomb is there in the graveyard at St. Mary’s Roman Catholic Church, which is in present Independence National Historical Park.
Benjamin Franklin
Franklin was born in 1706 at Boston. He was the tenth son of a soap and candlemaker. He received some formal education but was principally self-taught. After serving an apprenticeship to his father between the ages of 10 and 12, he went to work for his half-brother James, a printer. In 1721 the latter founded the New England Courant, the fourth newspaper in the colonies. Benjamin secretly contributed 14 essays to it, his first published writings.
In 1723, because of dissension with his half-brother, Franklin moved to Philadelphia, where he obtained employment as a printer. He spent only a year there and then sailed to London for 2 more years. Back in Philadelphia, he rose rapidly in the printing industry. He published The Pennsylvania Gazette (1730-48), which had been founded by another man in 1728, but his most successful literary venture was the annual Poor Richard ‘s Almanac (1733-58). It won a popularity in the colonies second only to the Bible, and its fame eventually spread to Europe.
Meantime, in 1730 Franklin had taken a common-law wife, Deborah Read, who was to bear him a son and daughter, and he also apparently had children with another nameless woman out of wedlock. By 1748 he had achieved financial independence and gained recognition for his philanthropy and the stimulus he provided to such civic causes as libraries, educational institutions, and hospitals. Energetic and tireless, he also found time to pursue his interest in science, as well as to enter politics.
Franklin served as clerk (1736-51) and member (1751-64) of the colonial legislature and as deputy postmaster of Philadelphia (1737-53) and deputy postmaster general of the colonies (1753-74). In addition, he represented Pennsylvania at the Albany Congress (1754), called to unite the colonies during the French and Indian War. The congress adopted his “Plan of Union,” but the colonial assemblies rejected it because it encroached on their powers.
During the years 1757-62 and 1764-75, Franklin resided in England, originally in the capacity of agent for Pennsylvania and later for Georgia, New Jersey, and Massachusetts. During the latter period, which coincided with the growth of colonial unrest, he underwent a political metamorphosis. Until then a contented Englishman in outlook, primarily concerned with Pennsylvania provincial politics, he distrusted popular movements and saw little purpose to be served in carrying principle to extremes. Until the issue of parliamentary taxation undermined the old alliances, he led the Quaker party attack on the Anglican proprietary party and its Presbyterian frontier allies. His purpose throughout the years at London in fact had been displacement of the Penn family administration by royal authority-the conversion of the province from a proprietary to a royal colony.
It was during the Stamp Act crisis that Franklin evolved from leader of a shattered provincial party’s faction to celebrated spokesman at London for American rights. Although as agent for Pennsylvania he opposed by every conceivable means the enactment of the bill in 1765, he did not at first realize the depth of colonial hostility. He regarded passage as unavoidable and preferred to submit to it while actually working for its repeal.
Franklin’s nomination of a friend and political ally as stamp distributor for Pennsylvania, coupled with his apparent acceptance of the legislation, armed his proprietary opponents with explosive issues. Their energetic exploitation of them endangered his reputation at home until reliable information was published demonstrating his unabated opposition to the act. For a time, mob resentment threatened his family and new home in Philadelphia until his tradesmen supporters rallied. Subsequently, Franklin’s defense of the American position in the House of Commons during the debates over the Stamp Act’s repeal restored his prestige at home.
Franklin returned to Philadelphia in May 1775 and immediately became a distinguished member of the Continental Congress. Thirteen months later, he served on the committee that drafted the Declaration of Independence. He subsequently contributed to the government in other important ways, including service as postmaster general, and took over the duties of president of the Pennsylvania constitutional convention.
But, within less than a year and a half after his return, the aged statesman set sail once again for Europe, beginning a career as diplomat that would occupy him for most of the rest of his life. In the years 1776-79, as one of three commissioners, he directed the negotiations that led to treaties of commerce and alliance with France, where the people adulated him, but he and the other commissioners squabbled constantly. While he was sole commissioner to France (1779-85), he and John Jay and John Adams negotiated the Treaty of Paris (1783), which ended the War for Independence.
Back in the United States, in 1785 Franklin became president of the Supreme Executive Council of Pennsylvania. At the Constitutional Convention, though he did not approve of many aspects of the finished document and was hampered by his age and ill-health, he missed few if any sessions, lent his prestige, soothed passions, and compromised disputes.
In his twilight years, working on his Autobiography, Franklin could look back on a fruitful life as the toast of two continents. Energetic nearly to the last, in 1787 he was elected as first president of the Pennsylvania Society for Promoting the Abolition of Slavery-a cause to which he had committed himself as early as the 1730s. His final public act was signing a memorial to Congress recommending dissolution of the slavery system. Shortly thereafter, in 1790 at the age of 84, Franklin passed away in Philadelphia and was laid to rest in Christ Church Burial Ground.
Jared Ingersoll
The son of Jared Ingersoll, Sr., a British colonial official and later prominent Loyalist, Ingersoll was born at New Haven, CT, in 1749. He received an excellent education and graduated from Yale in 1766. He then oversaw the financial affairs of his father, who had relocated from New Haven to Philadelphia. Later, the youth joined him, took up the study of law, and won admittance to the Pennsylvania bar.
In the midst of the Revolutionary fervor, which neither father nor son shared, in 1773, on the advice of the elder Ingersoll, Jared, Jr., sailed to London and studied law at the Middle Temple. Completing his work in 1776, he made a 2-year tour of the Continent, during which time for some reason he shed his Loyalist sympathies.
Returning to Philadelphia and entering the legal profession, Ingersoll attended to the clients of one of the city’s leading lawyers and a family friend, Joseph Reed, who was then occupied with the affairs of the Supreme Executive Council of Pennsylvania. In 1781 Ingersoll married Elizabeth Pettit (Petit). The year before, he had entered politics by winning election to the Continental Congress (1780-81).
Although Ingersoll missed no sessions at the Constitutional Convention, had long favored revision of the Articles of Confederation, and as a lawyer was used to debate, he seldom spoke during the proceedings.
Subsequently, Ingersoll held a variety of public positions: member of the Philadelphia common council (1789); attorney general of Pennsylvania (1790-99 and 1811-17); Philadelphia city solicitor (1798-1801); U.S. District Attorney for Pennsylvania (1800-01); and presiding judge of the Philadelphia District Court (1821-22). Meantime, in 1812, he had been the Federalist Vice-Presidential candidate, but failed to win election.
While pursuing his public activities, Ingersoll attained distinction in his legal practice. For many years, he handled the affairs of Stephen Girard, one of the nation’s leading businessmen. In 1791 Ingersoll began to practice before the U.S. Supreme Court and took part in some memorable cases. Although in both Chisholm v. Georgia (1792) and Hylton v. United States (1796) he represented the losing side, his arguments helped to clarify difficult constitutional issues. He also represented fellow-signer William Blount, a senator, when he was threatened with impeachment in the late 1790s.
Ingersoll’s long career ended in 1822, when he died less than a week after his 73d birthday. Survived by three children, he was buried in the cemetery of Philadelphia’s First Presbyterian Church.
Thomas Mifflin
A member of the fourth generation of a Pennsylvania Quaker family who had emigrated from England, Mifflin was born at Philadelphia in 1744, the son of a rich merchant and local politician. He studied at a Quaker school and then at the College of Philadelphia (later part of the University of Pennsylvania), from which he won a diploma at the age of 16 and whose interests he advanced for the rest of his life.
Mifflin then worked for 4 years in a Philadelphia countinghouse. In 1764 he visited Europe, and the next year entered the mercantile business in Philadelphia with his brother. In 1767 he wed Sarah Morris. Although he prospered in business, politics enticed him.
In the Pennsylvania legislature (1772-76), Mifflin championed the colonial position against the crown. In 1774 he attended the Continental Congress (1774-76). Meanwhile, he had helped to raise troops and in May 1775 won appointment as a major in the Continental Army, which caused him to be expelled from his Quaker faith. In the summer of 1775 he first became an aide-de-camp to Washington and then Quartermaster General of the Continental Army. Late in 1775 he became a colonel and in May 1776 a brigadier general. Preferring action to administration, after a time he began to perform his quartermaster duties perfunctorily. Nevertheless, he participated directly in the war effort. He took part in the Battles of Long Island, NY, Trenton, NJ, and Princeton, NJ. Furthermore, through his persuasive oratory, he apparently convinced many men not to leave the military service.
In 1777 Mifflin attained the rank of major general but, restive at criticism of his quartermaster activities, he resigned. About the same time, though he later became a friend of Washington, he became involved in the cabal that advanced Gen. Horatio Gates to replace him in command of the Continental Army. In 1777-78 Mifflin sat on the Congressional Board of War. In the latter year, he briefly reentered the military, but continuing attacks on his earlier conduct of the quartermastership soon led him to resign once more.
Mifflin returned immediately to politics. He sat in the state assembly (1778-79) and again in the Continental Congress (1782-84), from December 1783 to the following June as its president. In 1787 he was chosen to take part in the Constitutional Convention. He attended regularly, but made no speeches and did not play a substantial role.
Mifflin continued in the legislature (1785-88 and 1799-1800); succeeded Franklin as president of the Supreme Executive Council (1788-90); chaired the constitutional convention (1789-90); and held the governorship (1790-99), during which time he affiliated himself with the emerging Democratic-Republican Party.
Although wealthy most of his life, Mifflin was a lavish spender. Pressure from his creditors forced him to leave Philadelphia in 1799, and he died at Lancaster the next year, aged 56. The Commonwealth of Pennsylvania paid his burial expenses at the local Trinity Lutheran Church.
Gouverneur Morris
Gouverneur Morris was born at Morrisania estate, in Westchester (present Bronx) County, NY, in 1752. His family was wealthy and enjoyed a long record of public service. His elder half-brother, Lewis, signed the Declaration of Independence.
Gouverneur was educated by private tutors and at a Huguenot school in New Rochelle. In early life, he lost a leg in a carriage accident. He attended King’s College (later Columbia College and University) in New York City, graduating in 1768 at the age of 16. Three years later, after reading law in the city, he gained admission to the bar.
When the Revolution loomed on the horizon, Morris became interested in political affairs. Because of his conservatism, however, he at first feared the movement, which he believed would bring mob rule. Furthermore, some of his family and many of his friends were Loyalists. But, beginning in 1775, for some reason he sided with the Whigs. That same year, representing Westchester County, he took a seat in New York’s Revolutionary provincial congress (1775-77). In 1776, when he also served in the militia, along with John Jay and Robert R. Livingston he drafted the first constitution of the state. Subsequently he joined its council of safety (1777).
In 1777-78 Morris sat in the legislature and in 1778-79 in the Continental Congress, where he numbered among the youngest and most brilliant members. During this period, he signed the Articles of Confederation and drafted instructions for Benjamin Franklin, in Paris, as well as those that provided a partial basis for the treaty ending the War for Independence. Morris was also a close friend of Washington and one of his strongest congressional supporters.
Defeated in his bid for reelection to Congress in 1779 because of the opposition of Gov. George Clinton’s faction, Morris relocated to Philadelphia and resumed the practice of law. This temporarily removed him from the political scene, but in 1781 he resumed his public career when he became the principal assistant to Robert Morris, Superintendent of Finance for the United States, to whom he was unrelated. Gouverneur held this position for 4 years.
Morris emerged as one of the leading figures at the Constitutional Convention. His speeches, more frequent than those by anyone else, numbered 173. Although sometimes presented in a light vein, they were usually substantive. A strong advocate of nationalism and aristocratic rule, he served on many committees, including those on postponed matters and style, and stood in the thick of the decision-making process. Above all, it was apparently he who actually drafted the Constitution. Morris subsequently left public life for a time to devote his attention to business. Having purchased the family home from his half-brother, Lewis, he moved back to New York. Afterward, in 1789, Gouverneur joined in a business venture with Robert Morris, and traveled to France, where he witnessed the beginnings of the French Revolution.
Morris was to remain in Europe for about a decade. In 1790-91 he undertook a diplomatic mission to London to try to negotiate some of the outstanding problems between the United States and Great Britain. The mission failed, but in 1792 Washington appointed him as Minister to France, to replace Thomas Jefferson. Morris was recalled 2 years later but did not come home. Instead, he traveled extensively in Europe for more than 4 years, during which time he handled his complicated business affairs and contemplated the complex political situation.
Morris returned to the United States in 1799. The next year, he was elected to finish an unexpired term in the U.S. Senate. An ardent Federalist, he was defeated in his bid for reelection in 1802 and left office the following year.
Morris retired to a glittering life at Morrisania, where he had built a new residence. In 1809 he married Anne Cary (Carey) Randolph of Virginia, and they had one son. During his last years, he continued to speak out against the Democratic-Republicans and violently opposed the War of 1812. In the years 1810-13 he served as chairman of the Erie Canal Commission.
Morris died at Morrisania in 1816 at the age of 64 and was buried at St. Anne’s Episcopal Churchyard, in the Bronx, New York City.
Robert Morris
Robert Morris was born at or near Liverpool, England, in 1734. When he reached 13 years of age, he emigrated to Maryland to join his father, a tobacco exporter at Oxford, Md. After brief schooling at Philadelphia, the youth obtained employment with Thomas and Charles Willing’s well-known shipping-banking firm. In 1754 he became a partner and for almost four decades was one of the company’s directors as well as an influential Philadelphia citizen. Wedding Mary White at the age of 35, he fathered five sons and two daughters.
During the Stamp Act turmoil in 1765, Morris joined other merchants in protest, but not until the outbreak of hostilities a decade later did he fully commit himself to the Revolution. In 1775 the Continental Congress contracted with his firm to import arms and ammunition, and he was elected to the Pennsylvania council of safety (1775-76), the committee of correspondence, the provincial assembly (1775-76), the legislature (1776-78), and the Continental Congress (1775-78). In the last body, on July 1, 1776, he voted against independence, which he personally considered premature, but the next day he purposely absented himself to facilitate an affirmative ballot by his delegation.
Morris, a key congressman, specialized in financial affairs and military procurement. Although he and his firm profited handsomely, had it not been for his assiduous labors the Continental Army would probably have been forced to demobilize. He worked closely with General Washington, wheedled money and supplies from the states, borrowed money in the face of overwhelming difficulties, and on occasion even obtained personal loans to further the war cause.
Immediately following his congressional service, Morris sat for two more terms in the Pennsylvania legislature (1778-81). During this time, Thomas Paine and others attacked him for profiteering in Congress, which investigated his accounts and vindicated him. Nevertheless, his reputation suffered.
Morris embarked on the most dramatic phase of his career by accepting the office of Superintendent of Finance (1781-84) under the Articles of Confederation. Congress, recognizing the perilous state of the nation’s finances and its impotence to provide remedies, granted him dictatorial powers and acquiesced to his condition that he be allowed to continue his private commercial enterprises. He slashed all governmental and military expenditures, personally purchased army and navy supplies, tightened accounting procedures, prodded the states to fulfill quotas of money and supplies, and when necessary strained his personal credit by issuing notes over his own signature or borrowing from friends.
To finance Washington’s Yorktown campaign in 1781, in addition to the above techniques, Morris obtained a sizable loan from France. He used part of it, along with some of his own fortune, to organize the Bank of North America, chartered that December. The first government-incorporated bank in the United States, it aided war financing.
Although Morris was reelected to the Pennsylvania legislature for 1785-86, his private ventures consumed most of his time. In the latter year, he attended the Annapolis Convention, and the following year the Constitutional Convention, where he sympathized with the Federalists but was, for a man of his eminence, strangely silent. Although in attendance at practically every meeting, he spoke only twice in debates and did not serve on any committees. In 1789, declining Washington’s offer of appointment as the first Secretary of the Treasury, he took instead a U.S. Senate seat (1789-95).
During the later years of his public life, Morris speculated wildly, often on overextended credit, in lands in the West and at the site of Washington, DC. To compound his difficulties, in 1794 he began constructing on Philadelphia’s Chestnut Street a mansion designed by Maj. Pierre Charles L’Enfant. Not long thereafter, Morris attempted to escape creditors by retreating to The Hills, the country estate along the Schuylkill River on the edge of Philadelphia that he had acquired in 1770.
Arrested at the behest of creditors in 1798 and forced to abandon completion of the mansion, thereafter known in its unfinished state as “Morris’ Folly,” Morris was thrown into the Philadelphia debtor’s prison, where he was nevertheless well treated. By the time he was released in 1801, under a federal bankruptcy law, however, his property and fortune had vanished, his health had deteriorated, and his spirit had been broken. He lingered on in poverty and obscurity, living in a simple Philadelphia home on an annuity obtained for his wife by fellow-signer Gouverneur Morris.
Robert Morris died in 1806 in his 73d year and was buried in the yard of Christ Church.
James Wilson
Wilson was born in 1741 or 1742 at Carskerdo, near St. Andrews, Scotland, and educated at the universities of St. Andrews, Glasgow, and Edinburgh. He then emigrated to America, arriving in the midst of the Stamp Act agitations in 1765. Early the next year, he accepted a position as Latin tutor at the College of Philadelphia (later part of the University of Pennsylvania) but almost immediately abandoned it to study law under John Dickinson.
In 1768, the year after his admission to the Philadelphia bar, Wilson set up practice at Reading, Pa. Two years later, he moved westward to the Scotch-Irish settlement of Carlisle, and the following year he took a bride, Rachel Bird. He specialized in land law and built up a broad clientele. On borrowed capital, he also began to speculate in land. In some way he managed, too, to lecture on English literature at the College of Philadelphia, which had awarded him an honorary master of arts degree in 1766.
Wilson became involved in Revolutionary politics. In 1774 he took over chairmanship of the Carlisle committee of correspondence, attended the first provincial assembly, and completed preparation of Considerations on the Nature and Extent of the Legislative Authority of the British Parliament. This tract circulated widely in England and America and established him as a Whig leader.
The next year, Wilson was elected to both the provincial assembly and the Continental Congress, where he sat mainly on military and Indian affairs committees. In 1776, reflecting the wishes of his constituents, he joined the moderates in Congress voting for a 3-week delay in considering Richard Henry Lee’s resolution of June 7 for independence. On the July 1 and 2 ballots on the issue, however, he voted in the affirmative and signed the Declaration of Independence on August 2.
Wilson’s strenuous opposition to the republican Pennsylvania constitution of 1776, besides indicating a switch to conservatism on his part, led to his removal from Congress the following year. To avoid the clamor among his frontier constituents, he repaired to Annapolis during the winter of 1777-78 and then took up residence in Philadelphia.
Wilson affirmed his newly assumed political stance by closely identifying with the aristocratic and conservative republican groups, multiplying his business interests, and accelerating his land speculation. He also took a position as Advocate General for France in America (1779-83), dealing with commercial and maritime matters, and legally defended Loyalists and their sympathizers.
In the fall of 1779, during a period of inflation and food shortages, a mob which included many militiamen and was led by radical constitutionalists, set out to attack the republican leadership. Wilson was a prime target. He and some 35 of his colleagues barricaded themselves in his home at Third and Walnut Streets, thereafter known as “Fort Wilson.” During a brief skirmish, several people on both sides were killed or wounded. The shock cooled sentiments and pardons were issued all around, though major political battles over the commonwealth constitution still lay ahead.
During 1781 Congress appointed Wilson as one of the directors of the Bank of North America, newly founded by his close associate and legal client Robert Morris. In 1782, by which time the conservatives had regained some of their power, the former was reelected to Congress, and he also served in the period 1785-87.
Wilson reached the apex of his career in the Constitutional Convention (1787), where his influence was probably second only to that of Madison. Rarely missing a session, he sat on the Committee of Detail and in many other ways applied his excellent knowledge of political theory to convention problems. Only Gouverneur Morris delivered more speeches.
That same year, overcoming powerful opposition, Wilson led the drive for ratification in Pennsylvania, the second state to endorse the instrument. The new commonwealth constitution, drafted in 1789-90 along the lines of the U.S. Constitution, was primarily Wilson’s work and represented the climax of his 14-year fight against the constitution of 1776.
For his services in the formation of the federal government, though Wilson expected to be appointed Chief Justice of the Supreme Court, in 1789 President Washington named him as an associate justice. He was chosen that same year as the first law professor at the College of Philadelphia. Two years later he began an official digest of the laws of Pennsylvania, a project he never completed, though he carried on for a while after funds ran out.
Wilson, who wrote only a few opinions, did not achieve the success on the Supreme Court that his capabilities and experience promised. Indeed, during those years he was the object of much criticism and barely escaped impeachment. For one thing, he tried to influence the enactment of legislation in Pennsylvania favorable to land speculators. Between 1792 and 1795 he also made huge but unwise land investments in western New York and Pennsylvania, as well as in Georgia. This did not stop him from conceiving a grandiose but ill-fated scheme, involving vast sums of European capital, for the recruitment of European colonists and their settlement in the West. Meantime, in 1793, as a widower with six children, he remarried to Hannah Gray; their one son died in infancy.
Four years later, to avoid arrest for debt, the distraught Wilson moved from Philadelphia to Burlington, NJ. The next year, apparently while on federal circuit court business, he arrived at Edenton, NC, in a state of acute mental stress and was taken into the home of James Iredell, a fellow Supreme Court justice. He died there within a few months. Although first buried at Hayes Plantation near Edenton, his remains were later reinterred in the yard of Christ Church at Philadelphia.
Rhode Island
Note: Rhode Island did not send any delegates to the Constitutional Convention.
South Carolina
Pierce Butler
One of the most aristocratic delegates at the convention, Butler was born in 1744 in County Carlow, Ireland. His father was Sir Richard Butler, member of Parliament and a baronet.
Like so many younger sons of the British aristocracy who could not inherit their fathers’ estates because of primogeniture, Butler pursued a military career. He became a major in His Majesty’s 29th Regiment and during the colonial unrest was posted to Boston in 1768 to quell disturbances there. In 1771 he married Mary Middleton, daughter of a wealthy South Carolinian, and before long resigned his commission to take up a planter’s life in the Charleston area. The couple was to have at least one daughter.
When the Revolution broke out, Butler took up the Whig cause. He was elected to the assembly in 1778, and the next year he served as adjutant general in the South Carolina militia. While in the legislature through most of the 1780s, he took over leadership of the democratic upcountry faction in the state and refused to support his own planter group. The War for Independence cost him much of his property, and his finances were so precarious for a time that he was forced to travel to Amsterdam to seek a personal loan. In 1786 the assembly appointed him to a commission charged with settling a state boundary dispute.
The next year, Butler won election to both the Continental Congress (1787-88) and the Constitutional Convention. In the latter assembly, he was an outspoken nationalist who attended practically every session and was a key spokesman for the Madison-Wilson caucus. Butler also supported the interests of southern slaveholders. He served on the Committee on Postponed Matters.
On his return to South Carolina Butler defended the Constitution but did not participate in the ratifying convention. Service in the U.S. Senate (1789-96) followed. Although nominally a Federalist, he often crossed party lines. He supported Hamilton’s fiscal program but opposed Jay’s Treaty and Federalist judiciary and tariff measures.
Out of the Senate and back in South Carolina from 1797 to 1802, Butler was considered for but did not attain the governorship. He sat briefly in the Senate again in 1803-4 to fill out an unexpired term, and he once again demonstrated party independence. But, for the most part, his later career was spent as a wealthy planter. In his last years, he moved to Philadelphia, apparently to be near a daughter who had married a local physician. Butler died there in 1822 at the age of 77 and was buried in the yard of Christ Church.
Charles Pinckney
Charles Pinckney, the second cousin of fellow-signer Charles Cotesworth Pinckney, was born at Charleston, SC, in 1757. His father, Col. Charles Pinckney, was a rich lawyer and planter, who on his death in 1782 was to bequeath Snee Farm, a country estate outside the city, to his son Charles. The latter apparently received all his education in the city of his birth, and he started to practice law there in 1779.
About that time, well after the War for Independence had begun, young Pinckney enlisted in the militia, though his father demonstrated ambivalence about the Revolution. He became a lieutenant, and served at the siege of Savannah (September-October 1779). When Charleston fell to the British the next year, the youth was captured and remained a prisoner until June 1781.
Pinckney had also begun a political career, serving in the Continental Congress (1777-78 and 1784-87) and in the state legislature (1779-80, 1786-89, and 1792-96). A nationalist, he worked hard in Congress to ensure that the United States would receive navigation rights to the Mississippi and to strengthen congressional power.
Pinckney’s role in the Constitutional Convention is controversial. Although one of the youngest delegates, he later claimed to have been the most influential one and contended he had submitted a draft that was the basis of the final Constitution. Most historians have rejected this assertion. They do, however, recognize that he ranked among the leaders. He attended full time, spoke often and effectively, and contributed immensely to the final draft and to the resolution of problems that arose during the debates. He also worked for ratification in South Carolina (1788). That same year, he married Mary Eleanor Laurens, daughter of a wealthy and politically powerful South Carolina merchant; she was to bear at least three children.
Subsequently, Pinckney’s career blossomed. From 1789 to 1792 he held the governorship of South Carolina, and in 1790 chaired the state constitutional convention. During this period, he became associated with the Federalist Party, in which he and his cousin Charles Cotesworth Pinckney were leaders. But, with the passage of time, the former’s views began to change. In 1795 he attacked the Federalist backed Jay’s Treaty and increasingly began to cast his lot with Carolina back-country Democratic-Republicans against his own eastern aristocracy. In 1796 he became governor once again, and in 1798 his Democratic-Republican supporters helped him win a seat in the U.S. Senate. There, he bitterly opposed his former party, and in the presidential election of 1800 served as Thomas Jefferson’s campaign manager in South Carolina.
The victorious Jefferson appointed Pinckney as Minister to Spain (1801-5), in which capacity he struggled valiantly but unsuccessfully to win cession of the Floridas to the United States and facilitated Spanish acquiescence in the transfer of Louisiana from France to the United States in 1803.
Upon completion of his diplomatic mission, his ideas moving ever closer to democracy, Pinckney headed back to Charleston and to leadership of the state Democratic-Republican Party. He sat in the legislature in 1805-6 and then was again elected as governor (1806-8). In this position, he favored legislative reapportionment, giving better representation to back-country districts, and advocated universal white manhood suffrage. He served again in the legislature from 1810 to 1814 and then temporarily withdrew from politics. In 1818 he won election to the U.S. House of Representatives, where he fought against the Missouri Compromise.
In 1821, Pinckney’s health beginning to fail, he retired for the last time from politics. He died in 1824, just 3 days after his 67th birthday. He was laid to rest in Charleston at St. Philip’s Episcopal Churchyard.
Charles Cotesworth Pinckney
The eldest son of a politically prominent planter and a remarkable mother who introduced and promoted indigo culture in South Carolina, Charles Cotesworth Pinckney was born in 1746 at Charleston. Only 7 years later, he accompanied his father, who had been appointed colonial agent for South Carolina, to England. As a result, the youth enjoyed a European education.
Pinckney received tutoring in London, attended several preparatory schools, and went on to Christ Church College, Oxford, where he heard the lectures of the legal authority Sir William Blackstone and graduated in 1764. Pinckney next pursued legal training at London’s Middle Temple and was accepted for admission into the English bar in 1769. He then spent part of a year touring Europe and studying chemistry, military science, and botany under leading authorities.
Late in 1769, Pinckney sailed home and the next year entered practice in South Carolina. His political career began in 1769, when he was elected to the provincial assembly. In 1773 he acted as attorney general for several towns in the colony. By 1775 he had identified with the patriot cause and that year sat in the provincial congress. Then, the next year, he was elected to the local committee of safety and made chairman of a committee that drew up a plan for the interim government of South Carolina.
When hostilities broke out, Pinckney, who had been a royal militia officer since 1769, pursued a full-time military calling. When South Carolina organized its forces in 1775, he joined the First South Carolina Regiment as a captain. He soon rose to the rank of colonel and fought in the South in defense of Charleston and in the North at the Battles of Brandywine, PA, and Germantown, PA. He commanded a regiment in the campaign against the British in the Floridas in 1778 and at the siege of Savannah. When Charleston fell in 1780, he was taken prisoner and held until 1782. The following year, he was discharged as a brevet brigadier general.
After the war, Pinckney resumed his legal practice and the management of estates in the Charleston area but found time to continue his public service, which during the war had included tours in the lower house of the state legislature (1778 and 1782) and the senate (1779).
Pinckney was one of the leaders at the Constitutional Convention. Present at all the sessions, he strongly advocated a powerful national government. His proposal that senators should serve without pay was not adopted, but he exerted influence in such matters as the power of the Senate to ratify treaties and the compromise that was reached concerning abolition of the international slave trade. After the convention, he defended the Constitution in South Carolina.
Under the new government, Pinckney became a devoted Federalist. Between 1789 and 1795 he declined presidential offers to command the U.S. Army and to serve on the Supreme Court and as Secretary of War and Secretary of State. In 1796, however, he accepted the post of Minister to France, but the revolutionary regime there refused to receive him and he was forced to proceed to the Netherlands. The next year, though, he returned to France when he was appointed to a special mission to restore relations with that country. During the ensuing XYZ affair, refusing to pay a bribe suggested by a French agent to facilitate negotiations, he was said to have replied “No! No! Not a sixpence!”
When Pinckney arrived back in the United States in 1798, he found the country preparing for war with France. That year, he was appointed as a major general in command of American forces in the South and served in that capacity until 1800, when the threat of war ended. That year, he represented the Federalists as Vice-Presidential candidate, and in 1804 and 1808 as the Presidential nominee. But he met defeat on all three occasions.
For the rest of his life, Pinckney engaged in legal practice, served at times in the legislature, and engaged in philanthropic activities. He was a charter member of the board of trustees of South Carolina College (later the University of South Carolina), first president of the Charleston Bible Society, and chief executive of the Charleston Library Society. He also gained prominence in the Society of the Cincinnati, an organization of former officers of the War for Independence.
During the later period of his life, Pinckney enjoyed his Belmont estate and Charleston high society. He was twice married; first to Sarah Middleton in 1773 and after her death to Mary Stead in 1786. Survived by three daughters, he died in Charleston in 1825 at the age of 79. He was interred there in the cemetery at St. Michael’s Episcopal Church.
John Rutledge
ohn Rutledge, elder brother of Edward Rutledge, signer of the Declaration of Independence, was born into a large family at or near Charleston, SC, in 1739. He received his early education from his father, an Irish immigrant and physician, and from an Anglican minister and a tutor. After studying law at London’s Middle Temple in 1760, he was admitted to English practice. But, almost at once, he sailed back to Charleston to begin a fruitful legal career and to amass a fortune in plantations and slaves. Three years later, he married Elizabeth Grimke, who eventually bore him 10 children, and moved into a townhouse, where he resided most of the remainder of his life.
In 1761 Rutledge became politically active. That year, on behalf of Christ Church Parish, he was elected to the provincial assembly and held his seat until the War for Independence. For 10 months in 1764 he temporarily held the post of provincial attorney general. When the troubles with Great Britain intensified about the time of the Stamp Act in 1765, Rutledge, who hoped to ensure continued self-government for the colonies, sought to avoid severance from the British and maintained a restrained stance. He did, however, chair a committee of the Stamp Act Congress that drew up a petition to the House of Lords.
In 1774 Rutledge was sent to the First Continental Congress, where he pursued a moderate course. After spending the next year in the Second Continental Congress, he returned to South Carolina and helped reorganize its government. In 1776 he served on the committee of safety and took part in the writing of the state constitution. That year, he also became president of the lower house of the legislature, a post he held until 1778. During this period, the new government met many stern tests.
In 1778 the conservative Rutledge, disapproving of democratic revisions in the state constitution, resigned his position. The next year, however, he was elected as governor. It was a difficult time. The British were invading South Carolina, and the military situation was desperate. Early in 1780, by which time the legislature had adjourned, Charleston was besieged. In May it fell, the American army was captured, and the British confiscated Rutledge’s property. He ultimately escaped to North Carolina and set about attempting to rally forces to recover South Carolina. In 1781, aided by Gen. Nathanael Greene and a new Continental Army force, he reestablished the government. In January 1782 he resigned the governorship and took a seat in the lower house of the legislature. He never recouped the financial losses he suffered during the war.
In 1782-83 Rutledge was a delegate to the Continental Congress. He next sat on the state chancery court (1784) and again in the lower house of the legislature (1784-90). One of the most influential delegates at the Constitutional Convention, where he maintained a moderate nationalist stance and chaired the Committee of Detail, he attended all the sessions, spoke often and effectively, and served on five committees. Like his fellow South Carolina delegates, he vigorously advocated southern interests.
The new government under the Constitution soon lured Rutledge. He was a Presidential elector in 1789 and Washington then appointed him as Associate Justice of the U.S. Supreme Court, but for some reason he apparently served only a short time. In 1791 he became chief justice of the South Carolina supreme court. Four years later, Washington again appointed him to the U.S. Supreme Court, this time as Chief Justice to replace John Jay. But Rutledge’s outspoken opposition to Jay’s Treaty (1794), and the intermittent mental illness he had suffered from since the death of his wife in 1792, caused the Federalist-dominated Senate to reject his appointment and end his public career. Meantime, however, he had presided over one term of the Court.
Rutledge died in 1800 at the age of 60 and was interred at St. Michael’s Episcopal Church in Charleston.
Virginia
John Blair
Scion of a prominent Virginia family, Blair was born at Williamsburg in 1732. He was the son of John Blair, a colonial official and nephew of James Blair, founder and first president of the College of William and Mary. Signer Blair graduated from that institution and studied law at London’s Middle Temple. Thereafter, he practiced at Williamsburg. In the years 1766-70 he sat in the Virginia House of Burgesses as the representative of William and Mary. From 1770 to 1775 he held the position of clerk of the colony’s council.
An active patriot, Blair signed the Virginia Association of June 22, 1770, which pledged to abandon importation of British goods until the Townshend Duties were repealed. He also underwrote the Association of May 27, 1774, calling for a meeting of the colonies in a Continental Congress and supporting the Bostonians. He took part in the Virginia constitutional convention (1776), at which he sat on the committee that framed a declaration of rights as well as the plan for a new government. He next served on the Privy Council (1776-78). In the latter year, the legislature elected him as a judge of the General Court, and he soon took over the chief justiceship. In 1780 he won election to Virginia’s high chancery court, where his colleague was George Wythe.
Blair attended the Constitutional Convention religiously but never spoke or served on a committee. He usually sided with the position of the Virginia delegation. And, in the commonwealth ratifying convention, Blair helped win backing for the new framework of government.
In 1789 Washington named Blair as an associate justice of the U.S. Supreme Court, where he helped decide many important cases. Resigning that post in 1796, he spent his remaining years in Williamsburg. A widower, his wife (born Jean Balfour) having died in 1792, he lived quietly until he succumbed in 1800. He was 68 years old. His tomb is in the graveyard of Bruton Parish Church.
James Madison
The oldest of 10 children and a scion of the planter aristocracy, Madison was born in 1751 at Port Conway, King George County, VA, while his mother was visiting her parents. In a few weeks she journeyed back with her newborn son to Montpelier estate, in Orange County, which became his lifelong home. He received his early education from his mother, from tutors, and at a private school. An excellent scholar though frail and sickly in his youth, in 1771 he graduated from the College of New Jersey (later Princeton), where he demonstrated special interest in government and the law. But, considering the ministry for a career, he stayed on for a year of postgraduate study in theology.
Back at Montpelier, still undecided on a profession, Madison soon embraced the patriot cause, and state and local politics absorbed much of his time. In 1775 he served on the Orange County committee of safety; the next year at the Virginia convention, which, besides advocating various Revolutionary steps, framed the Virginia constitution; in 1776-77 in the House of Delegates; and in 1778-80 in the Council of State. His ill health precluded any military service.
In 1780 Madison was chosen to represent Virginia in the Continental Congress (1780-83 and 1786-88). Although originally the youngest delegate, he played a major role in the deliberations of that body. Meantime, in the years 1784-86, he had again sat in the Virginia House of Delegates. He was a guiding force behind the Mount Vernon Conference (1785), attended the Annapolis Convention (1786), and was otherwise highly instrumental in the convening of the Constitutional Convention in 1787. He had also written extensively about deficiencies in the Articles of Confederation.
Madison was clearly the preeminent figure at the convention. Some of the delegates favored an authoritarian central government; others, retention of state sovereignty; and most occupied positions in the middle of the two extremes. Madison, who was rarely absent and whose Virginia Plan was in large part the basis of the Constitution, tirelessly advocated a strong government, though many of his proposals were rejected. Despite his poor speaking capabilities, he took the floor more than 150 times, third only after Gouverneur Morris and James Wilson. Madison was also a member of numerous committees, the most important of which were those on postponed matters and style. His journal of the convention is the best single record of the event. He also played a key part in guiding the Constitution through the Continental Congress.
Playing a lead in the ratification process in Virginia, too, Madison defended the document against such powerful opponents as Patrick Henry, George Mason, and Richard Henry Lee. In New York, where Madison was serving in the Continental Congress, he collaborated with Alexander Hamilton and John Jay in a series of essays that in 1787-88 appeared in the newspapers and were soon published in book form as The Federalist (1788). This set of essays is a classic of political theory and a lucid exposition of the republican principles that dominated the framing of the Constitution.
In the U.S. House of Representatives (1789-97), Madison helped frame and ensure passage of the Bill of Rights. He also assisted in organizing the executive department and creating a system of federal taxation. As leaders of the opposition to Hamilton’s policies, he and Jefferson founded the Democratic-Republican Party.
In 1794 Madison married a vivacious widow who was 16 years his junior, Dolley Payne Todd, who had a son; they were to raise no children of their own. Madison spent the period 1797-1801 in semiretirement, but in 1798 he wrote the Virginia Resolutions, which attacked the Alien and Sedition Acts. While he served as Secretary of State (1801-9), his wife often served as President Jefferson’s hostess.
In 1809 Madison succeeded Jefferson. Like the first three Presidents, Madison was enmeshed in the ramifications of European wars. Diplomacy had failed to prevent the seizure of U.S. ships, goods, and men on the high seas, and a depression wracked the country. Madison continued to apply diplomatic techniques and economic sanctions, eventually effective to some degree against France. But continued British interference with shipping, as well as other grievances, led to the War of 1812.
The war, for which the young nation was ill prepared, ended in stalemate in December 1814 when the inconclusive Treaty of Ghent which nearly restored prewar conditions, was signed. But, thanks mainly to Andrew Jackson’s spectacular victory at the Battle of New Orleans (Chalmette) in January 1815, most Americans believed they had won. Twice tested, independence had survived, and an ebullient nationalism marked Madison’s last years in office, during which period the Democratic-Republicans held virtually uncontested sway.
In retirement after his second term, Madison managed Montpelier but continued to be active in public affairs. He devoted long hours to editing his journal of the Constitutional Convention, which the government was to publish 4 years after his death. He served as co-chairman of the Virginia constitutional convention of 1829-30 and as rector of the University of Virginia during the period 1826-36. Writing newspaper articles defending the administration of Monroe, he also acted as his foreign policy adviser.
Madison spoke out, too, against the emerging sectional controversy that threatened the existence of the Union. Although a slaveholder all his life, he was active during his later years in the American Colonization Society, whose mission was the resettlement of slaves in Africa.
Madison died at the age of 85 in 1836, survived by his wife and stepson.
George Mason
In 1725 George Mason was born to George and Ann Thomson Mason. When the boy was 10 years old his father died, and young George’s upbringing was left in the care of his uncle, John Mercer. The future jurist’s education was profoundly shaped by the contents of his uncle’s 1500-volume library, one-third of which concerned the law.
Mason established himself as an important figure in his community. As owner of Gunston Hall he was one of the richest planters in Virginia. In 1750 he married Anne Eilbeck, and in 23 years of marriage they had five sons and four daughters. In 1752 he acquired an interest in the Ohio Company, an organization that speculated in western lands. When the crown revoked the company’s rights in 1773, Mason, the company’s treasurer, wrote his first major state paper, Extracts from the Virginia Charters, with Some Remarks upon Them.
During these years Mason also pursued his political interests. He was a justice of the Fairfax County court, and between 1754 and 1779 Mason was a trustee of the city of Alexandria. In 1759 he was elected to the Virginia House of Burgesses. When the Stamp Act of 1765 aroused outrage in the colonies, George Mason wrote an open letter explaining the colonists’ position to a committee of London merchants to enlist their support.
In 1774 Mason again was in the forefront of political events when he assisted in drawing up the Fairfax Resolves, a document that outlined the colonists’ constitutional grounds for their objections to the Boston Port Act. Virginia’s Declaration of Rights, framed by Mason in 1776, was widely copied in other colonies, served as a model for Jefferson in the first part of the Declaration of Independence, and was the basis for the federal Constitution’s Bill of Rights.
The years between 1776 and 1780 were filled with great legislative activity. The establishment of a government independent of Great Britain required the abilities of persons such as George Mason. He supported the disestablishment of the church and was active in the organization of military affairs, especially in the West. The influence of his early work, Extracts from the Virginia Charters, is seen in the 1783 peace treaty with Great Britain, which fixed the Anglo-American boundary at the Great Lakes instead of the Ohio River. After independence, Mason drew up the plan for Virginia’s cession of its western lands to the United States.
By the early 1780s, however, Mason grew disgusted with the conduct of public affairs and retired. He married his second wife, Sarah Brent, in 1780. In 1785 he attended the Mount Vernon meeting that was a prelude to the Annapolis convention of 1786, but, though appointed, he did not go to Annapolis.
At Philadelphia in 1787 Mason was one of the five most frequent speakers at the Constitutional Convention. He exerted great influence, but during the last 2 weeks of the convention he decided not to sign the document.
Mason’s refusal prompts some surprise, especially since his name is so closely linked with constitutionalism. He explained his reasons at length, citing the absence of a declaration of rights as his primary concern. He then discussed the provisions of the Constitution point by point, beginning with the House of Representatives. The House he criticized as not truly representative of the nation, the Senate as too powerful. He also claimed that the power of the federal judiciary would destroy the state judiciaries, render justice unattainable, and enable the rich to oppress and ruin the poor. These fears led Mason to conclude that the new government was destined to either become a monarchy or fall into the hands of a corrupt, oppressive aristocracy.
Two of Mason’s greatest concerns were incorporated into the Constitution. The Bill of Rights answered his primary objection, and the 11th amendment addressed his call for strictures on the judiciary.
Throughout his career Mason was guided by his belief in the rule of reason and in the centrality of the natural rights of man. He approached problems coolly, rationally, and impersonally. In recognition of his accomplishments and dedication to the principles of the Age of Reason, Mason has been called the American manifestation of the Enlightenment. Mason died on October 7, 1792, and was buried on the grounds of Gunston Hall.
James McClurg
James McClurg was born near Hampton, VA, in 1746. He attended the College of William and Mary and graduated in 1762. McClurg then studied medicine at the University of Edinburgh and received his degree in 1770. He pursued postgraduate medical studies in Paris and London and published Experiments upon the Human Bile and Reflections on the Biliary Secretions (1772) in London. His work and writings were well-received and respected by the medical community, and his article was translated into several languages. In 1773 McClurg returned to Virginia and served as a surgeon in the state militia during the Revolution.
Before the end of the war the College of William and Mary appointed McClurg its professor of anatomy and medicine. The same year, 1779, he married Elizabeth Seldon. James McClurg’s reputation continued to grow, and he was regarded as one of the most eminent physicians in Virginia. In 1820 and 1821 he was president of the state medical society.
In addition to his medical practice, McClurg pursued politics. In 1782 James Madison advocated McClurg’s appointment as secretary of foreign affairs for the United States but was unsuccessful. When Richard Henry Lee and Patrick Henry declined to serve as representatives to the Constitutional Convention in 1787, McClurg was asked to join Virginia’s delegation. In Philadelphia McClurg advocated a life tenure for the President and argued for the ability of the federal government to override state laws. Even as some at the convention expressed apprehension of the powers allotted to the presidency, McClurg championed greater independence of the executive from the legislative branch. He left the convention in early August, however, and did not sign the Constitution.
James McClurg’s political service did not end with the convention. During George Washington’s administration McClurg served on Virginia’s executive council. He died in Richmond, VA, on July 9, 1823.
Edmund Randolph
On August 10, 1753, Edmund Randolph was born in Tazewell Hall, Williamsburg, VA. His parents were Ariana Jenings and John Randolph. Edmund attended the College of William and Mary and continued his education by studying the law under his father’s tutelage.
When the Revolution broke out, father and son followed different paths. John Randolph, a Loyalist, followed the royal governor, Lord Dunmore, to England, in 1775. Edmund then lived with his uncle Peyton Randolph, a prominent figure in Virginia politics. During the war Edmund served as an aide-de-camp to General Washington and also attended the convention that adopted Virginia’s first state constitution in 1776. He was the convention’s youngest member at age 23. Randolph married Elizabeth Nicholas in 1776.
Randolph continued to advance in the political world. He became mayor of Williamsburg and Virginia’s attorney-general. In 1779 he was elected to the Continental Congress, and in November 1786 Randolph became Governor of Virginia. In 1786 he was a delegate to the Annapolis Convention.
Four days after the opening of the federal convention in Philadelphia, on May 29, 1787, Edmund Randolph presented the Virginia Plan for creating a new government. This plan proposed a strong central government composed of three branches, legislative, executive, and judicial, and enabled the legislative to veto state laws and use force against states that failed to fulfill their duties. After many debates and revisions, including striking the section permitting force against a state, the Virginia Plan became in large part the basis of the Constitution.
Though Randolph introduced the highly centralized Virginia Plan, he fluctuated between the Federalist and Antifederalist points of view. He sat on the Committee of Detail that prepared a draft of the Constitution, but by the time the document was adopted, Randolph declined to sign. He felt it was not sufficiently republican, and he was especially wary of creating a one-man executive. He preferred a three-man council since he regarded “a unity in the Executive” to be the “foetus of monarchy.” In a Letter . . . on the Federal Constitution, dated October 10, 1787, Randolph explained at length his objections to the Constitution. The old Articles of Confederation were inadequate, he agreed, but the proposed new plan of union contained too many flaws. Randolph was a strong advocate of the process of amendment. He feared that if the Constitution were submitted for ratification without leaving the states the opportunity to amend it, the document might be rejected and thus close off any hope of another plan of union. However, he hoped that amendments would be permitted and second convention called to incorporate the changes.
By the time of the Virginia convention for ratification, Randolph supported the Constitution and worked to win his state’s approval of it. He stated his reason for his switch: “The accession of eight states reduced our deliberations to the single question of Union or no Union.”
Under President Washington, Edmund Randolph became Attorney General of the United States. After Thomas Jefferson resigned as Secretary of State, Randolph assumed that post for the years 1794-95. During the Jefferson-Hamilton conflict he tried to remain unaligned. After retiring from politics in 1795, Randolph resumed his law practice and was regarded as a leading figure in the legal community. During his retirement he wrote a history of Virginia. When Aaron Burr went on trial for treason in 1807, Edmund Randolph acted as his senior counsel. In 1813, at age 60 and suffering from paralysis, Randolph died while visiting Nathaniel Burwell at Carter Hall. His body is buried in the graveyard of the nearby chapel.
George Washington
The eldest of six children from his father’s second marriage, George Washington was born into the landed gentry in 1732 at Wakefield Plantation, VA. Until reaching 16 years of age, he lived there and at other plantations along the Potomac and Rappahannock Rivers, including the one that later became known as Mount Vernon. His education was rudimentary, probably being obtained from tutors but possibly also from private schools, and he learned surveying. After he lost his father when he was 11 years old, his half-brother Lawrence, who had served in the Royal Navy, acted as his mentor. As a result, the youth acquired an interest in pursuing a naval career, but his mother discouraged him from doing so.
At the age of 16, in 1748, Washington joined a surveying party sent out to the Shenandoah Valley by Lord Fairfax, a land baron. For the next few years, Washington conducted surveys in Virginia and present West Virginia and gained a lifetime interest in the West. In 1751-52 he also accompanied Lawrence on a visit he made to Barbados, West Indies, for health reasons just before his death.
The next year, Washington began his military career when the royal governor appointed him to an adjutantship in the militia, as a major. That same year, as a gubernatorial emissary, accompanied by a guide, he traveled to Fort Le Boeuf, PA, in the Ohio River Valley, and delivered to French authorities an ultimatum to cease fortification and settlement in English territory. During the trip, he tried to better British relations with various Indian tribes.
In 1754, winning the rank of lieutenant colonel and then colonel in the militia, Washington led a force that sought to challenge French control of the Ohio River Valley, but met defeat at Fort Necessity, PA – an event that helped trigger the French and Indian War (1754-63). Late in 1754, irked by the dilution of his rank because of the pending arrival of British regulars, he resigned his commission. That same year, he leased Mount Vernon, which he was to inherit in 1761.
In 1755 Washington reentered military service with the courtesy title of colonel, as an aide to Gen. Edward Braddock, and barely escaped death when the French defeated the general’s forces in the Battle of the Monongahela, PA. As a reward for his bravery, Washington rewon his colonelcy and command of the Virginia militia forces, charged with defending the colony’s frontier. Because of the shortage of men and equipment, he found the assignment challenging. Late in 1758 or early in 1759, disillusioned over governmental neglect of the militia and irritated at not rising in rank, he resigned and headed back to Mount Vernon.
Washington then wed Martha Dandridge Custis, a wealthy widow and mother of two children. The marriage produced no offspring, but Washington reared those of his wife as his own. During the period 1759-74, he managed his plantations and sat in the Virginia House of Burgesses. He supported the initial protests against British policies; took an active part in the nonimportation movement in Virginia; and, in time, particularly because of his military experience, became a Whig leader.
By the 1770s, relations of the colony with the mother country had become strained. Measured in his behavior but strongly sympathetic to the Whig position and resentful of British restrictions and commercial exploitation, Washington represented Virginia at the First and Second Continental Congresses. In 1775, after the bloodshed at Lexington and Concord, Congress appointed him as commander in chief of the Continental Army. Overcoming severe obstacles, especially in supply, he eventually fashioned a well-trained and disciplined fighting force.
The strategy Washington evolved consisted of continual harassment of British forces while avoiding general actions. Although his troops yielded much ground and lost a number of battles, they persevered even during the dark winters at Valley Forge, PA, and Morristown, NJ. Finally, with the aid of the French fleet and army, he won a climactic victory at the Battle of Yorktown, VA, in 1781.
During the next 2 years, while still commanding the agitated Continental Army, which was underpaid and poorly supplied, Washington denounced proposals that the military take over the government, including one that planned to appoint him as king, but supported army petitions to the Continental Congress for proper compensation. Once the Treaty of Paris (1783) was signed, he resigned his commission and returned once again to Mount Vernon. His wartime financial sacrifices and long absence, as well as generous loans to friends, had severely impaired his extensive fortune, which consisted mainly of his plantations, slaves, and landholdings in the West. At this point, however, he was to have little time to repair his finances, for his retirement was brief.
Dissatisfied with national progress under the Articles of Confederation, Washington advocated a stronger central government. He hosted the Mount Vernon Conference (1785) at his estate after its initial meetings in Alexandria, though he apparently did not directly participate in the discussions. Despite his sympathy with the goals of the Annapolis Convention (1786), he did not attend. But, the following year, encouraged by many of his friends, he presided over the Constitutional Convention, whose success was immeasurably influenced by his presence and dignity. Following ratification of the new instrument of government in 1788, the electoral college unanimously chose him as the first President.
The next year, after a triumphal journey from Mount Vernon to New York City, Washington took the oath of office at Federal Hall. During his two precedent-setting terms, he governed with dignity as well as restraint. He also provided the stability and authority the emergent nation so sorely needed, gave substance to the Constitution, and reconciled competing factions and divergent policies within the government and his administration. Although not averse to exercising presidential power, he respected the role of Congress and did not infringe upon its prerogatives. He also tried to maintain harmony between his Secretary of State Thomas Jefferson and Secretary of the Treasury Alexander Hamilton, whose differences typified evolving party divisions from which Washington kept aloof.
Yet, usually leaning upon Hamilton for advice, Washington supported his plan for the assumption of state debts, concurred in the constitutionality of the bill establishing the Bank of the United States, and favored enactment of tariffs by Congress to provide federal revenue and protect domestic manufacturers.
Washington took various other steps to strengthen governmental authority, including suppression of the Whisky Rebellion (1794). To unify the country, he toured the Northeast in 1789 and the South in 1791. During his tenure, the government moved from New York to Philadelphia in 1790, he superintended planning for relocation to the District of Columbia, and he laid the cornerstone of the Capitol (1793).
In foreign affairs, despite opposition from the Senate, Washington exerted dominance. He fostered United States interests on the North American continent by treaties with Britain and Spain. Yet, until the nation was stronger, he insisted on the maintenance of neutrality. For example, when the French Revolution created war between France and Britain, he ignored the remonstrances of pro-French Jefferson and pro-English Hamilton.
Although many people encouraged Washington to seek a third term, he was weary of politics and refused to do so. In his “Farewell Address” (1796), he urged his countrymen to forswear party spirit and sectional differences and to avoid entanglement in the wars and domestic policies of other nations.
Washington enjoyed only a few years of retirement at Mount Vernon. Even then, demonstrating his continued willingness to make sacrifices for his country in 1798 when the nation was on the verge of war with France he agreed to command the army, though his services were not ultimately required. He died at the age of 67 in 1799. In his will, he emancipated his slaves.
George Wythe
George Wythe, the second of Thomas and Margaret Wythe’s three children, was born in 1726 on his family’s plantation on the Back River in Elizabeth City County, VA. Both parents died when Wythe was young, and he grew up under the guardianship of his older brother, Thomas. Though Wythe was to become an eminent jurist and teacher, he received very little formal education. He learned Latin and Greek from his well-educated mother, and he probably attended for a time a grammar school operated by the College of William and Mary.
Wythe’s brother later sent him to Prince George County to read law under an uncle. In 1746, at age 20, he joined the bar, moved to Spotsylvania County, and became associated with a lawyer there. In 1747 he married his partner’s sister, Ann Lewis, but she died the next year. In 1754 Lt. Gov. Robert Dinwiddie appointed him as acting colonial attorney general, a position that he held for only a few months. The next year, Wythe’s brother died and he inherited the family estate. He chose, however, to live in Williamsburg in the house that his new father-in-law, an architect, designed and built for him and his wife, Elizabeth Taliaferro. They married in 1755, and their only child died in infancy.
At Williamsburg, Wythe immersed himself in further study of the classics and the law and achieved accreditation by the colonial supreme court. He served in the House of Burgesses from the mid-1750s until 1775, first as delegate and after 1769 as clerk. In 1768 he became mayor of Williamsburg, and the next year he sat on the board of visitors of the College of William and Mary. During these years he also directed the legal studies of young scholars, notably Thomas Jefferson. Wythe and Jefferson maintained a lifelong friendship, first as mentor and pupil and later as political allies.
Wythe first exhibited revolutionary leanings in 1764 when Parliament hinted to the colonies that it might impose a stamp tax. By then an experienced legislator, he drafted for the House of Burgesses a remonstrance to Parliament so strident that his fellow delegates modified it before adoption. Wythe was one of the first to express the concept of separate nationhood for the colonies within the British empire.
When war broke out, Wythe volunteered for the army but was sent to the Continental Congress. Although present from 1775 through 1776, Wythe exerted little influence and signed the Declaration of Independence after the formal signing in August 1776. That same year, Wythe, Jefferson, and Edmund Pendleton undertook a 3-year project to revise Virginia’s legal code. In 1777 Wythe also presided as speaker of the Virginia House of Delegates.
An appointment as one of the three judges of the newly created Virginia high court of chancery followed in 1778. For 28 years, during 13 of which he was the only chancellor, Wythe charted the course of Virginia jurisprudence. In addition, he was an ex officio member of the state superior court.
Wythe’s real love was teaching. In 1779 Jefferson and other officials of the College of William and Mary created the first chair of law in a U.S. institution of higher learning and appointed Wythe to fill it. In that position, he educated America’s earliest college-trained lawyers, among them John Marshall and James Monroe. In 1787 he attended the Constitutional Convention but played an insignificant role. He left the proceedings early and did not sign the Constitution. The following year, however, he was one of the Federalist leaders at the Virginia ratifying convention. There he presided over the Committee of the Whole and offered the resolution for ratification.
In 1791, the year after Wythe resigned his professorship, his chancery duties caused him to move to Richmond, the state capital. He was reluctant to give up his teaching, however, and opened a private law school. One of his last and most promising pupils was young Henry Clay.
In 1806, in his eightieth year, Wythe died at Richmond under mysterious circumstances, probably of poison administered by his grandnephew and heir, George Wythe Sweeney. Reflecting a lifelong aversion to slavery, Wythe emancipated his slaves in his will. His grave is in the yard of St. John’s Episcopal Church in Richmond.
How Can I See the Constitution?
Inside the Rotunda for the Charters of Freedom
The Rotunda for the Charters of Freedom is the permanent home of the Declaration of Independence, Constitution of the United States, and Bill of Rights. These three documents, known collectively as the Charters of Freedom, have secured the rights of the American people for more than two and a quarter centuries.
- The Declaration announced to the world on July 4, 1776, that thirteen British colonies in North America were leaving Great Britain to form a separate nation, called the United States of America. In justifying the revolution, the Declaration asserted a universal truth about human rights.
- The Constitution, drafted in 1787 after a hard-won victory in the War for Independence, codified the spirit of the Revolution into an ingenious practical scheme of government to promote the welfare of all its citizens.
- The Bill of Rights, added to the Constitution in 1791 as the first ten amendments, explicitly protected freedom of speech, of the press, of religion, and of assembly, among many other rights.
The Bill of Rights
The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
What Does It Say?
The First Amendment
The First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
The Second Amendment
The Second Amendment protects the right to bear arms.
The Third Amendment
The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
The Fourth Amendment
The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.
The Fifth Amendment
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
The Sixth Amendment
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer.
The Seventh Amendment
The Seventh Amendment extends the right to a jury trial in Federal civil cases.
The Eighth Amendment
The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The Tenth Amendment
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
How Did It Happen?
The Federal Pillars, 1798 / The Massachusetts Compromise, in which the states agreed to ratify the Constitution provided the First Congress consider the rights and other amendments it proposed, secured ratification and paved the way for the passage of the Bill of Rights. Courtesy of the Library of Congress
Writing the Bill of Rights
The amendments James Madison proposed were designed to win support in both houses of Congress and the states. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government.
Opposition to the Constitution
Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government. Mason was one of three delegates present on the final day of the convention who refused to sign the Constitution because it lacked a bill of rights.
James Madison and other supporters of the Constitution argued that a bill of rights wasn’t necessary because – “the government can only exert the powers specified by the Constitution.” But they agreed to consider adding amendments when ratification was in danger in the key state of Massachusetts.
Introducing the Bill of Rights in the First Congress
Federal Hall, Seat of Congress 1790, by Amos Doolittle / Federal Hall, originally New York’s city hall, served as the first capitol building of the United States. The Bill of Rights was introduced there. Courtesy of the Library of CongressCourtesy of the Library of Congress
Few members of the First Congress wanted to make amending the new Constitution a priority. But James Madison, once the most vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789, and “hounded his colleagues relentlessly” to secure its passage. Madison had come to appreciate the importance voters attached to these protections, the role that enshrining them in the Constitution could have in educating people about their rights, and the chance that adding them might prevent its opponents from making more drastic changes to it.
Ratifying the Bill of Rights
Senate Revisions to House Proposed Amendments, 1789 / This printed document shows 17 amendments passed by the House with handwritten revisions by the Senate. National Archives
The House passed a joint resolution containing 17 amendments based on Madison’s proposal. The Senate changed the joint resolution to consist of 12 amendments. A joint House and Senate Conference Committee settled remaining disagreements in September. On October 2, 1789, President Washington sent copies of the 12 amendments adopted by Congress to the states. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the “Bill of Rights.”
A More Perfect Union: The Creation of the U.S. Constitution
General George Washington / He was unanimously elected president of the Philadelphia convention.
May 25, 1787, freshly spread dirt covered the cobblestone street in front of the Pennsylvania State House, protecting the men inside from the sound of passing carriages and carts. Guards stood at the entrances to ensure that the curious were kept at a distance. Robert Morris of Pennsylvania, the “financier” of the Revolution, opened the proceedings with a nomination–Gen. George Washington for the presidency of the Constitutional Convention. The vote was unanimous. With characteristic ceremonial modesty, the general expressed his embarrassment at his lack of qualifications to preside over such an august body and apologized for any errors into which he might fall in the course of its deliberations.
To many of those assembled, especially to the small, boyish-looking, 36-year-old delegate from Virginia, James Madison, the general’s mere presence boded well for the convention, for the illustrious Washington gave to the gathering an air of importance and legitimacy But his decision to attend the convention had been an agonizing one. The Father of the Country had almost remained at home.
Suffering from rheumatism, despondent over the loss of a brother, absorbed in the management of Mount Vernon, and doubting that the convention would accomplish very much or that many men of stature would attend, Washington delayed accepting the invitation to attend for several months. Torn between the hazards of lending his reputation to a gathering perhaps doomed to failure and the chance that the public would view his reluctance to attend with a critical eye, the general finally agreed to make the trip. James Madison was pleased.
The Articles of Confederation
The determined Madison had for several years insatiably studied history and political theory searching for a solution to the political and economic dilemmas he saw plaguing America. The Virginian’s labors convinced him of the futility and weakness of confederacies of independent states. America’s own government under the Articles of Confederation, Madison was convinced, had to be replaced. In force since 1781, established as a “league of friendship” and a constitution for the 13 sovereign and independent states after the Revolution, the articles seemed to Madison woefully inadequate. With the states retaining considerable power, the central government, he believed, had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy It could not effectively support a war effort. It had little power to settle quarrels between states. Saddled with this weak government, the states were on the brink of economic disaster. The evidence was overwhelming. Congress was attempting to function with a depleted treasury; paper money was flooding the country, creating extraordinary inflation–a pound of tea in some areas could be purchased for a tidy $100; and the depressed condition of business was taking its toll on many small farmers. Some of them were being thrown in jail for debt, and numerous farms were being confiscated and sold for taxes.
In 1786 some of the farmers had fought back. Led by Daniel Shays, a former captain in the Continental army, a group of armed men, sporting evergreen twigs in their hats, prevented the circuit court from sitting at Northampton, MA, and threatened to seize muskets stored in the arsenal at Springfield. Although the insurrection was put down by state troops, the incident confirmed the fears of many wealthy men that anarchy was just around the corner. Embellished day after day in the press, the uprising made upper-class Americans shudder as they imagined hordes of vicious outlaws descending upon innocent citizens. From his idyllic Mount Vernon setting, Washington wrote to Madison: “Wisdom and good examples are necessary at this time to rescue the political machine from the impending storm.”
Madison thought he had the answer. He wanted a strong central government to provide order and stability. “Let it be tried then,” he wrote, “whether any middle ground can be taken which will at once support a due supremacy of the national authority,” while maintaining state power only when “subordinately useful.” The resolute Virginian looked to the Constitutional Convention to forge a new government in this mold.
The convention had its specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the Continental Congress be given power to regulate commerce throughout the Confederation. Through their efforts in the assembly a plan was devised inviting the several states to attend a convention at Annapolis, MD, in September 1786 to discuss commercial problems. Madison and a young lawyer from New York named Alexander Hamilton issued a report on the meeting in Annapolis, calling upon Congress to summon delegates of all of the states to meet for the purpose of revising the Articles of Confederation. Although the report was widely viewed as a usurpation of congressional authority, the Congress did issue a formal call to the states for a convention. To Madison it represented the supreme chance to reverse the country’s trend. And as the delegations gathered in Philadelphia, its importance was not lost to others. The squire of Gunston Hall, George Mason, wrote to his son, “The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree. May God Grant that we may be able to gratify them, by establishing a wise and just Government.”
The Delegates
Seventy-four delegates were appointed to the convention, of which 55 actually attended sessions. Rhode Island was the only state that refused to send delegates. Dominated by men wedded to paper currency, low taxes, and popular government, Rhode Island’s leaders refused to participate in what they saw as a conspiracy to overthrow the established government. Other Americans also had their suspicions. Patrick Henry, of the flowing red Glasgow cloak and the magnetic oratory, refused to attend, declaring he “smelt a rat.” He suspected, correctly, that Madison had in mind the creation of a powerful central government and the subversion of the authority of the state legislatures. Henry along with many other political leaders, believed that the state governments offered the chief protection for personal liberties. He was determined not to lend a hand to any proceeding that seemed to pose a threat to that protection.
With Henry absent, with such towering figures as Jefferson and Adams abroad on foreign missions, and with John Jay in New York at the Foreign Office, the convention was without some of the country’s major political leaders. It was, nevertheless, an impressive assemblage. In addition to Madison and Washington, there were Benjamin Franklin of Pennsylvania–crippled by gout, the 81-year-old Franklin was a man of many dimensions printer, storekeeper, publisher, scientist, public official, philosopher, diplomat, and ladies’ man; James Wilson of Pennsylvania–a distinguished lawyer with a penchant for ill-advised land-jobbing schemes, which would force him late in life to flee from state to state avoiding prosecution for debt, the Scotsman brought a profound mind steeped in constitutional theory and law; Alexander Hamilton of New York–a brilliant, ambitious former aide-de-camp and secretary to Washington during the Revolution who had, after his marriage into the Schuyler family of New York, become a powerful political figure; George Mason of Virginia–the author of the Virginia Bill of Rights whom Jefferson later called “the Cato of his country without the avarice of the Roman”; John Dickinson of Delaware–the quiet, reserved author of the “Farmers’ Letters” and chairman of the congressional committee that framed the articles; and Gouverneur Morris of Pennsylvania– well versed in French literature and language, with a flair and bravado to match his keen intellect, who had helped draft the New York State Constitution and had worked with Robert Morris in the Finance Office.
There were others who played major roles – Oliver Ellsworth of Connecticut; Edmund Randolph of Virginia; William Paterson of New Jersey; John Rutledge of South Carolina; Elbridge Gerry of Massachusetts; Roger Sherman of Connecticut; Luther Martin of Maryland; and the Pinckneys, Charles and Charles Cotesworth, of South Carolina. Franklin was the oldest member and Jonathan Dayton, the 27-year-old delegate from New Jersey was the youngest. The average age was 42. Most of the delegates had studied law, had served in colonial or state legislatures, or had been in the Congress. Well versed in philosophical theories of government advanced by such philosophers as James Harrington, John Locke, and Montesquieu, profiting from experience gained in state politics, the delegates composed an exceptional body, one that left a remarkably learned record of debate. Fortunately we have a relatively complete record of the proceedings, thanks to the indefatigable James Madison. Day after day, the Virginian sat in front of the presiding officer, compiling notes of the debates, not missing a single day or a single major speech. He later remarked that his self-confinement in the hall, which was often oppressively hot in the Philadelphia summer, almost killed him.
The sessions of the convention were held in secret–no reporters or visitors were permitted. Although many of the naturally loquacious members were prodded in the pubs and on the streets, most remained surprisingly discreet. To those suspicious of the convention, the curtain of secrecy only served to confirm their anxieties. Luther Martin of Maryland later charged that the conspiracy in Philadelphia needed a quiet breeding ground. Thomas Jefferson wrote John Adams from Paris, “I am sorry they began their deliberations by so abominable a precedent as that of tying up the tongues of their members.”
The Virginia Plan
On Tuesday morning, May 29, Edmund Randolph, the tall, 34-year- old governor of Virginia, opened the debate with a long speech decrying the evils that had befallen the country under the Articles of Confederation and stressing the need for creating a strong national government. Randolph then outlined a broad plan that he and his Virginia compatriots had, through long sessions at the Indian Queen tavern, put together in the days preceding the convention. James Madison had such a plan on his mind for years. The proposed government had three branches–legislative, executive, and judicial–each branch structured to check the other. Highly centralized, the government would have veto power over laws enacted by state legislatures. The plan, Randolph confessed, “meant a strong consolidated union in which the idea of states should be nearly annihilated.” This was, indeed, the rat so offensive to Patrick Henry.
The introduction of the so-called Virginia Plan at the beginning of the convention was a tactical coup. The Virginians had forced the debate into their own frame of reference and in their own terms.
For 10 days the members of the convention discussed the sweeping and, to many delegates, startling Virginia resolutions. The critical issue, described succinctly by Gouverneur Morris on May 30, was the distinction between a federation and a national government, the “former being a mere compact resting on the good faith of the parties; the latter having a compleat and compulsive operation.” Morris favored the latter, a “supreme power” capable of exercising necessary authority not merely a shadow government, fragmented and hopelessly ineffective.
The New Jersey Plan
This nationalist position revolted many delegates who cringed at the vision of a central government swallowing state sovereignty. On June 13 delegates from smaller states rallied around proposals offered by New Jersey delegate William Paterson. Railing against efforts to throw the states into “hotchpot,” Paterson proposed a “union of the States merely federal.” The “New Jersey resolutions” called only for a revision of the articles to enable the Congress more easily to raise revenues and regulate commerce. It also provided that acts of Congress and ratified treaties be “the supreme law of the States.”
For 3 days the convention debated Paterson’s plan, finally voting for rejection. With the defeat of the New Jersey resolutions, the convention was moving toward creation of a new government, much to the dismay of many small-state delegates. The nationalists, led by Madison, appeared to have the proceedings in their grip. In addition, they were able to persuade the members that any new constitution should be ratified through conventions of the people and not by the Congress and the state legislatures- -another tactical coup. Madison and his allies believed that the constitution they had in mind would likely be scuttled in the legislatures, where many state political leaders stood to lose power. The nationalists wanted to bring the issue before “the people,” where ratification was more likely.
Hamilton’s Plan
Alexander Hamilton / On June 18 called the British government “the best in the world” and proposed a model strikingly similar. The erudite New Yorker, however, later became one of the most ardent spokesmen for the new Constitution.
On June 18 Alexander Hamilton presented his own ideal plan of government. Erudite and polished, the speech, nevertheless, failed to win a following. It went too far. Calling the British government “the best in the world,” Hamilton proposed a model strikingly similar an executive to serve during good behavior or life with veto power over all laws; a senate with members serving during good behavior; the legislature to have power to pass “all laws whatsoever.” Hamilton later wrote to Washington that the people were now willing to accept “something not very remote from that which they have lately quitted.” What the people had “lately quitted,” of course, was monarchy. Some members of the convention fully expected the country to turn in this direction. Hugh Williamson of North Carolina, a wealthy physician, declared that it was “pretty certain . . . that we should at some time or other have a king.” Newspaper accounts appeared in the summer of 1787 alleging that a plot was under way to invite the second son of George III, Frederick, Duke of York, the secular bishop of Osnaburgh in Prussia, to become “king of the United States.”
Alexander Hamilton on June 18 called the British government “the best in the world” and proposed a model strikingly similar. The erudite New Yorker, however, later became one of the most ardent spokesmen for the new Constitution.
Strongly militating against any serious attempt to establish monarchy was the enmity so prevalent in the revolutionary period toward royalty and the privileged classes. Some state constitutions had even prohibited titles of nobility. In the same year as the Philadelphia convention, Royall Tyler, a revolutionary war veteran, in his play The Contract, gave his own jaundiced view of the upper classes:
Exult each patriot heart! this night is shewn
A piece, which we may fairly call our own;
Where the proud titles of “My Lord!” “Your Grace!”
To humble Mr. and plain Sir give place.
Most delegates were well aware that there were too many Royall Tylers in the country, with too many memories of British rule and too many ties to a recent bloody war, to accept a king. As the debate moved into the specifics of the new government, Alexander Hamilton and others of his persuasion would have to accept something less.
By the end of June, debate between the large and small states over the issue of representation in the first chamber of the legislature was becoming increasingly acrimonious. Delegates from Virginia and other large states demanded that voting in Congress be according to population; representatives of smaller states insisted upon the equality they had enjoyed under the articles. With the oratory degenerating into threats and accusations, Benjamin Franklin appealed for daily prayers. Dressed in his customary gray homespun, the aged philosopher pleaded that “the Father of lights . . . illuminate our understandings.” Franklin’s appeal for prayers was never fulfilled; the convention, as Hugh Williamson noted, had no funds to pay a preacher.
On June 29 the delegates from the small states lost the first battle. The convention approved a resolution establishing population as the basis for representation in the House of Representatives, thus favoring the larger states. On a subsequent small-state proposal that the states have equal representation in the Senate, the vote resulted in a tie. With large-state delegates unwilling to compromise on this issue, one member thought that the convention “was on the verge of dissolution, scarce held together by the strength of an hair.”
By July 10 George Washington was so frustrated over the deadlock that he bemoaned “having had any agency” in the proceedings and called the opponents of a strong central government “narrow minded politicians . . . under the influence of local views.” Luther Martin of Maryland, perhaps one whom Washington saw as “narrow minded,” thought otherwise. A tiger in debate, not content merely to parry an opponent’s argument but determined to bludgeon it into eternal rest, Martin had become perhaps the small states’ most effective, if irascible, orator. The Marylander leaped eagerly into the battle on the representation issue declaring, “The States have a right to an equality of representation. This is secured to us by our present articles of confederation; we are in possession of this privilege.”
The Great Compromise
Also crowding into this complicated and divisive discussion over representation was the North-South division over the method by which slaves were to be counted for purposes of taxation and representation. On July 12 Oliver Ellsworth proposed that representation for the lower house be based on the number of free persons and three-fifths of “all other persons,” a euphemism for slaves. In the following week the members finally compromised, agreeing that direct taxation be according to representation and that the representation of the lower house be based on the white inhabitants and three-fifths of the “other people.” With this compromise and with the growing realization that such compromise was necessary to avoid a complete breakdown of the convention, the members then approved Senate equality. Roger Sherman had remarked that it was the wish of the delegates “that some general government should be established.” With the crisis over representation now settled, it began to look again as if this wish might be fulfilled.
For the next few days the air in the City of Brotherly Love, although insufferably muggy and swarming with blue-bottle flies, had the clean scent of conciliation. In this period of welcome calm, the members decided to appoint a Committee of Detail to draw up a draft constitution. The convention would now at last have something on paper. As Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth went to work, the other delegates voted themselves a much needed 10-day vacation.
During the adjournment, Gouverneur Morris and George Washington rode out along a creek that ran through land that had been part of the Valley Forge encampment 10 years earlier. While Morris cast for trout, Washington pensively looked over the now lush ground where his freezing troops had suffered, at a time when it had seemed as if the American Revolution had reached its end. The country had come a long way.
The First Draft
On Monday August 6, 1787, the convention accepted the first draft of the Constitution. Here was the article-by-article model from which the final document would result some 5 weeks later. As the members began to consider the various sections, the willingness to compromise of the previous days quickly evaporated. The most serious controversy erupted over the question of regulation of commerce. The southern states, exporters of raw materials, rice, indigo, and tobacco, were fearful that a New England-dominated Congress might, through export taxes, severely damage the South’s economic life. C. C. Pinckney declared that if Congress had the power to regulate trade, the southern states would be “nothing more than overseers for the Northern States.”
On August 21 the debate over the issue of commerce became very closely linked to another explosive issue–slavery. When Martin of Maryland proposed a tax on slave importation, the convention was thrust into a strident discussion of the institution of slavery and its moral and economic relationship to the new government. Rutledge of South Carolina, asserting that slavery had nothing at all to do with morality, declared, “Interest alone is the governing principle with nations.” Sherman of Connecticut was for dropping the tender issue altogether before it jeopardized the convention. Mason of Virginia expressed concern over unlimited importation of slaves but later indicated that he also favored federal protection of slave property already held. This nagging issue of possible federal intervention in slave traffic, which Sherman and others feared could irrevocably split northern and southern delegates, was settled by, in Mason’s words, “a bargain.” Mason later wrote that delegates from South Carolina and Georgia, who most feared federal meddling in the slave trade, made a deal with delegates from the New England states. In exchange for the New Englanders’ support for continuing slave importation for 20 years, the southerners accepted a clause that required only a simple majority vote on navigation laws, a crippling blow to southern economic interests.
The bargain was also a crippling blow to those working to abolish slavery. Congregationalist minister and abolitionist Samuel Hopkins of Connecticut charged that the convention had sold out: “How does it appear . . . that these States, who have been fighting for liberty and consider themselves as the highest and most noble example of zeal for it, cannot agree in any political Constitution, unless it indulge and authorize them to enslave their fellow men . . . Ah! these unclean spirits, like frogs, they, like the Furies of the poets are spreading discord, and exciting men to contention and war.” Hopkins considered the Constitution a document fit for the flames.
On August 31 a weary George Mason, who had 3 months earlier written so expectantly to his son about the “great Business now before us,” bitterly exclaimed that he “would sooner chop off his right hand than put it to the Constitution as it now stands.” Mason despaired that the convention was rushing to saddle the country with an ill-advised, potentially ruinous central authority He was concerned that a “bill of rights,” ensuring individual liberties, had not been made part of the Constitution. Mason called for a new convention to reconsider the whole question of the formation of a new government. Although Mason’s motion was overwhelmingly voted down, opponents of the Constitution did not abandon the idea of a new convention. It was futilely suggested again and again for over 2 years.
One of the last major unresolved problems was the method of electing the executive. A number of proposals, including direct election by the people, by state legislatures, by state governors, and by the national legislature, were considered. The result was the electoral college, a master stroke of compromise, quaint and curious but politically expedient. The large states got proportional strength in the number of delegates, the state legislatures got the right of selecting delegates, and the House the right to choose the president in the event no candidate received a majority of electoral votes. Mason later predicted that the House would probably choose the president 19 times out of 20.
In the early days of September, with the exhausted delegates anxious to return home, compromise came easily. On September 8 the convention was ready to turn the Constitution over to a Committee of Style and Arrangement. Gouverneur Morris was the chief architect. Years later he wrote to Timothy Pickering: “That Instrument was written by the Fingers which wrote this letter.” The Constitution was presented to the convention on September 12, and the delegates methodically began to consider each section. Although close votes followed on several articles, it was clear that the grueling work of the convention in the historic summer of 1787 was reaching its end.
Before the final vote on the Constitution on September 15, Edmund Randolph proposed that amendments be made by the state conventions and then turned over to another general convention for consideration. He was joined by George Mason and Elbridge Gerry. The three lonely allies were soundly rebuffed. Late in the afternoon the roll of the states was called on the Constitution, and from every delegation the word was “Aye.”
On September 17 the members met for the last time, and the venerable Franklin had written a speech that was delivered by his colleague James Wilson. Appealing for unity behind the Constitution, Franklin declared, “I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another’s throats.” With Mason, Gerry, and Randolph withstanding appeals to attach their signatures, the other delegates in the hall formally signed the Constitution, and the convention adjourned at 4 o’clock in the afternoon.
Weary from weeks of intense pressure but generally satisfied with their work, the delegates shared a farewell dinner at City Tavern. Two blocks away on Market Street, printers John Dunlap and David Claypoole worked into the night on the final imprint of the six-page Constitution, copies of which would leave Philadelphia on the morning stage. The debate over the nation’s form of government was now set for the larger arena.
As the members of the convention returned home in the following days, Alexander Hamilton privately assessed the chances of the Constitution for ratification. In its favor were the support of Washington, commercial interests, men of property, creditors, and the belief among many Americans that the Articles of Confederation were inadequate. Against it were the opposition of a few influential men in the convention and state politicians fearful of losing power, the general revulsion against taxation, the suspicion that a centralized government would be insensitive to local interests, and the fear among debtors that a new government would “restrain the means of cheating Creditors.”
The Federalists and the Anti-Federalists
Because of its size, wealth, and influence and because it was the first state to call a ratifying convention, Pennsylvania was the focus of national attention. The positions of the Federalists, those who supported the Constitution, and the anti-Federalists, those who opposed it, were printed and reprinted by scores of newspapers across the country. And passions in the state were most warm. When the Federalist-dominated Pennsylvania assembly lacked a quorum on September 29 to call a state ratifying convention, a Philadelphia mob, in order to provide the necessary numbers, dragged two anti-Federalist members from their lodgings through the streets to the State House where the bedraggled representatives were forced to stay while the assembly voted. It was a curious example of participatory democracy.
On October 5 anti-Federalist Samuel Bryan published the first of his “Centinel” essays in Philadelphia’s Independent Gazetteer. Republished in newspapers in various states, the essays assailed the sweeping power of the central government, the usurpation of state sovereignty, and the absence of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion. “The United States are to be melted down,” Bryan declared, into a despotic empire dominated by “well-born” aristocrats. Bryan was echoing the fear of many anti-Federalists that the new government would become one controlled by the wealthy established families and the culturally refined. The common working people, Bryan believed, were in danger of being subjugated to the will of an all-powerful authority remote and inaccessible to the people. It was this kind of authority, he believed, that Americans had fought a war against only a few years earlier.
The next day James Wilson, delivering a stirring defense of the Constitution to a large crowd gathered in the yard of the State House, praised the new government as the best “which has ever been offered to the world.” The Scotsman’s view prevailed. Led by Wilson, Federalists dominated in the Pennsylvania convention, carrying the vote on December 12 by a healthy 46 to 23.
The vote for ratification in Pennsylvania did not end the rancor and bitterness. Franklin declared that scurrilous articles in the press were giving the impression that Pennsylvania was “peopled by a set of the most unprincipled, wicked, rascally and quarrelsome scoundrels upon the face of the globe.” And in Carlisle, on December 26, anti-Federalist rioters broke up a Federalist celebration and hung Wilson and the Federalist chief justice of Pennsylvania, Thomas McKean, in effigy; put the torch to a copy of the Constitution; and busted a few Federalist heads.
In New York the Constitution was under siege in the press by a series of essays signed “Cato.” Mounting a counterattack, Alexander Hamilton and John Jay enlisted help from Madison and, in late 1787, they published the first of a series of essays now known as the Federalist Papers. The 85 essays, most of which were penned by Hamilton himself, probed the weaknesses of the Articles of Confederation and the need for an energetic national government. Thomas Jefferson later called the Federalist Papers the “best commentary on the principles of government ever written.”
Against this kind of Federalist leadership and determination, the opposition in most states was disorganized and generally inert. The leading spokesmen were largely state-centered men with regional and local interests and loyalties. Madison wrote of the Massachusetts anti-Federalists, “There was not a single character capable of uniting their wills or directing their measures. . . . They had no plan whatever.” The anti-Federalists attacked wildly on several fronts: the lack of a bill of rights, discrimination against southern states in navigation legislation, direct taxation, the loss of state sovereignty. Many charged that the Constitution represented the work of aristocratic politicians bent on protecting their own class interests. At the Massachusetts convention one delegate declared, “These lawyers, and men of learning and moneyed men, that . . . make us poor illiterate people swallow down the pill . . . they will swallow up all us little folks like the great Leviathan; yes, just as the whale swallowed up Jonah!” Some newspaper articles, presumably written by anti-Federalists, resorted to fanciful predictions of the horrors that might emerge under the new Constitution pagans and deists could control the government; the use of Inquisition-like torture could be instituted as punishment for federal crimes; even the pope could be elected president.
One anti-Federalist argument gave opponents some genuine difficulty–the claim that the territory of the 13 states was too extensive for a representative government. In a republic embracing a large area, anti-Federalists argued, government would be impersonal, unrepresentative, dominated by men of wealth, and oppressive of the poor and working classes. Had not the illustrious Montesquieu himself ridiculed the notion that an extensive territory composed of varying climates and people, could be a single republican state? James Madison, always ready with the Federalist volley, turned the argument completely around and insisted that the vastness of the country would itself be a strong argument in favor of a republic. Claiming that a large republic would counterbalance various political interest groups vying for power, Madison wrote, “The smaller the society the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party and the more easily will they concert and execute their plans of oppression.” Extend the size of the republic, Madison argued, and the country would be less vulnerable to separate factions within it.
Ratification
By January 9, 1788, five states of the nine necessary for ratification had approved the Constitution–Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. But the eventual outcome remained uncertain in pivotal states such as Massachusetts, New York, and Virginia. On February 6, withFederalists agreeing to recommend a list of amendments amounting to a bill of rights, Massachusetts ratified by a vote of 187 to 168. The revolutionary leader, John Hancock, elected to preside over the Massachusetts ratifying convention but unable to make up his mind on the Constitution, took to his bed with a convenient case of gout. Later seduced by the Federalists with visions of the vice presidency and possibly the presidency, Hancock, whom Madison noted as “an idolater of popularity,” suddenly experienced a miraculous cure and delivered a critical block of votes. Although Massachusetts was now safely in the Federalist column, the recommendation of a bill of rights was a significant victory for the anti-Federalists. Six of the remaining states later appended similar recommendations.
When the New Hampshire convention was adjourned by Federalists who sensed imminent defeat and when Rhode Island on March 24 turned down the Constitution in a popular referendum by an overwhelming vote of 10 to 1, Federalist leaders were apprehensive. Looking ahead to the Maryland convention, Madison wrote to Washington, “The difference between even a postponement and adoption in Maryland may . . . possibly give a fatal advantage to that which opposes the constitution.” Madison had little reason to worry. The final vote on April 28 63 for, 11 against. In Baltimore, a huge parade celebrating the Federalist victory rolled. through the downtown streets, highlighted by a 15-foot float called “Ship Federalist.” The symbolically seaworthy craft was later launched in the waters off Baltimore and sailed down the Potomac to Mount Vernon.
On July 2, 1788, the Confederation Congress, meeting in New York, received word that a reconvened New Hampshire ratifying convention had approved the Constitution. With South Carolina’s acceptance of the Constitution in May, New Hampshire thus became the ninth state to ratify. The Congress appointed a committee “for putting the said Constitution into operation.”
In the next 2 months, thanks largely to the efforts of Madison and Hamilton in their own states, Virginia and New York both ratified while adding their own amendments. The margin for the Federalists in both states, however, was extremely close. Hamilton figured that the majority of the people in New York actually opposed the Constitution, and it is probable that a majority of people in the entire country opposed it. Only the promise of amendments had ensured a Federalist victory.
The Bill of Rights
The call for a bill of rights had been the anti-Federalists’ most powerful weapon. Attacking the proposed Constitution for its vagueness and lack of specific protection against tyranny, Patrick Henry asked the Virginia convention, “What can avail your specious, imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances.” The anti-Federalists, demanding a more concise, unequivocal Constitution, one that laid out for all to see the right of the people and limitations of the power of government, claimed that the brevity of the document only revealed its inferior nature. Richard Henry Lee despaired at the lack of provisions to protect “those essential rights of mankind without which liberty cannot exist.” Trading the old government for the new without such a bill of rights, Lee argued, would be trading Scylla for Charybdis.
A bill of rights had been barely mentioned in the Philadelphia convention, most delegates holding that the fundamental rights of individuals had been secured in the state constitutions. James Wilson maintained that a bill of rights was superfluous because all power not expressly delegated to thenew government was reserved to the people. It was clear, however, that in this argument the anti-Federalists held the upper hand. Even Thomas Jefferson, generally in favor of the new government, wrote to Madison that a bill of rights was “what the people are entitled to against every government on earth.”
By the fall of 1788 Madison had been convinced that not only was a bill of rights necessary to ensure acceptance of the Constitution but that it would have positive effects. He wrote, on October 17, that such “fundamental maxims of free Government” would be “a good ground for an appeal to the sense of community” against potential oppression and would “counteract the impulses of interest and passion.”
Madison’s support of the bill of rights was of critical significance. One of the new representatives from Virginia to the First Federal Congress, as established by the new Constitution, he worked tirelessly to persuade the House to enact amendments. Defusing the anti-Federalists’ objections to the Constitution, Madison was able to shepherd through 17 amendments in the early months of the Congress, a list that was later trimmed to 12 in the Senate. On October 2, 1789, President Washington sent to each of the states a copy of the 12 amendments adopted by the Congress in September. By December 15, 1791, three-fourths of the states had ratified the 10 amendments now so familiar to Americans as the “Bill of Rights.”
Benjamin Franklin told a French correspondent in 1788 that the formation of the new government had been like a game of dice, with many players of diverse prejudices and interests unable to make any uncontested moves. Madison wrote to Jefferson that the welding of these clashing interests was “a task more difficult than can be well conceived by those who were not concerned in the execution of it.” When the delegates left Philadelphia after the convention, few, if any, were convinced that the Constitution they had approved outlined the ideal form of government for the country. But late in his life James Madison scrawled out another letter, one never addressed. In it he declared that no government can be perfect, and “that which is the least imperfect is therefore the best government.”
The Document Enshrined
The fate of the United States Constitution after its signing on September 17, 1787, can be contrasted sharply to the travels and physical abuse of America’s other great parchment, the Declaration of Independence . As the Continental Congress, during the years of the revolutionary war, scurried from town to town, the rolled-up Declaration was carried along. After the formation of the new government under the Constitution, the one-page Declaration, eminently suited for display purposes, graced the walls of various government buildings in Washington, exposing it to prolonged damaging sunlight. It was also subjected to the work of early calligraphers responding to a demand for reproductions of the revered document. As any visitor to the National Archives can readily observe, the early treatment of the now barely legible Declaration took a disastrous toll. The Constitution, in excellent physical condition after more than 200 years, has enjoyed a more serene existence. By 1796 the Constitution was in the custody of the Department of State along with the Declaration and traveled with the federal government from New York to Philadelphia to Washington. Both documents were secretly moved to Leesburg, VA, before the imminent attack by the British on Washington in 1814. Following the war, the Constitution remained in the State Department while the Declaration continued its travels–to the Patent Office Building from 1841 to 1876, to Independence Hall in Philadelphia during the Centennial celebration, and back to Washington in 1877. On September 29, 1921, President Warren Harding issued an Executive order transferring the Constitution and the Declaration to the Library of Congress for preservation and exhibition. The next day Librarian of Congress Herbert Putnam, acting on authority of Secretary of State Charles Evans Hughes, carried the Constitution and the Declaration in a Model-T Ford truck to the library and placed them in his office safe until an appropriate exhibit area could be constructed. The documents were officially put on display at a ceremony in the library on February 28, 1924. On February 20, 1933, at the laying of the cornerstone of the future National Archives Building, President Herbert Hoover remarked, “There will be aggregated here the most sacred documents of our history–the originals of the Declaration of Independence and of the Constitution of the United States.” The two documents however, were not immediately transferred to the Archives. During World War II both were moved from the library to Fort Knox for protection and returned to the library in 1944. It was not until successful negotiations were completed between Librarian of Congress Luther Evans and Archivist of the United States Wayne Grover that the transfer to the National Archives was finally accomplished by special direction of the Joint Congressional Committee on the Library.
On December 13, 1952, the Constitution and the Declaration were placed in helium-filled cases, enclosed in wooden crates, laid on mattresses in an armored Marine Corps personnel carrier, and escorted by ceremonial troops, two tanks, and four servicemen carrying submachine guns down Pennsylvania and Constitution avenues to the National Archives. Two days later, President Harry Truman declared at a formal ceremony in the Archives Exhibition Hall.
“We are engaged here today in a symbolic act. We are enshrining these documents for future ages. This magnificent hall has been constructed to exhibit them, and the vault beneath, that we have built to protect them, is as safe from destruction as anything that the wit of modern man can devise. All this is an honorable effort, based upon reverence for the great past, and our generation can take just pride in it.”