The Philadelphia Convention (also known as the Federal Convention in the former federalist states) took place from May 25 to September 17, 1787, in the old Pennsylvania State House (later known as Independence Hall because of the adoption of the Declaration of Independence there eleven years before) in Philadelphia. Although the Convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the Convention.
Historical[]
During the American Revolution, the thirteen American states replaced their colonial charters with republican constitutions based on the principle of separation of powers, organizing government into legislative, executive and judicial branches. At the same time, these revolutionary constitutions endorsed legislative supremacy by placing most power in the legislature—since it was viewed as most representative of the people—including power traditionally considered as belonging to the executive and judicial branches. State governors lacked significant authority, and state courts and judges were under the control of the legislative branch.
After declaring independence from Britain in 1776, the thirteen states created a permanent alliance to coordinate American efforts to win the Revolutionary War. This alliance, the United States, was to be governed according to the Articles of Confederation, which was more of a treaty between independent countries than a national constitution. The Articles were adopted by the Second Continental Congress in 1777 but not finally ratified by all states until 1781. During the Confederation Period, the United States was essentially a federation of independent republics, with the Articles guaranteeing state sovereignty and independence. The Confederation was governed by the Congress of the Confederation, a unicameral legislature whose members were chosen by the state legislatures and in which each state cast a single vote. Congress was given a limited set of powers, mainly in the area of waging war and foreign affairs. It could not levy taxes or tariffs, and it could only request money from the states, with no power to force delinquent states to pay. Since the Articles could only be amended by unanimous vote of the states, any state had effective veto power over any proposed change. A super majority (nine of thirteen state delegations) was required for Congress to pass major legislation such as declaring war, making treaties, or borrowing money. The Confederation had no executive or judicial branches, which meant the Confederation government lacked effective means to enforce its own laws and treaties against state non-compliance. It soon became evident to nearly all that the Confederation government, as originally organized, was inadequate for managing the various problems confronting the United States.
Once the immediate task of winning the war had passed, states began to look to their own interests rather than those of the whole country. By the mid-1780s, states were refusing to provide Congress with funding, which meant the Confederation government could not pay the interest on its foreign debt, pay soldiers stationed along the Ohio River or defend American navigation rights on the Mississippi River against Spanish interference. In 1782, Rhode Island vetoed an amendment that would have allowed Congress to levy taxes on imports in order to pay off federal debts. A second attempt was made to approve a federal impost in 1785; however, this time it was New York which disapproved.
The Confederation Congress also lacked the power to regulate foreign and interstate commerce. Britain, France and Spain imposed various restrictions on American ships and products, while the US was unable to coordinate retaliatory trade policies. When states like Massachusetts or Pennsylvania placed reciprocal duties on British trade, neighboring states such as Connecticut and Delaware established free ports to gain an economic advantage. In the 1780s, some states even began applying customs duties against the trade of neighboring states. In 1784, Congress proposed an amendment to give it powers over foreign trade; however, it failed to receive unanimous approval by the states.
Many upper class Americans complained that state constitutions were too democratic and, as a result, legislators were more concerned with maintaining popular approval than doing what was best for the nation. The most pressing example was the way state legislatures responded to calls for economic relief in the 1780s. Many people were unable to pay taxes and debts due to a post-war economic depression that was exacerbated by a scarcity of gold and silver specie. States responded by issuing paper currency, which had a tendency to depreciate in value, and by making it easier to defer tax and debt payments. These policies favored debtors at the expense of creditors, and it was proposed that Congress be given power to prevent such populist laws.
When the government of Massachusetts refused to enact similar relief legislation, rural farmers resorted to violence in the Tax War (1786-1787), which led to former revolutionary war captain Daniel Shays becoming the first President of the Commonwealth of Massachusetts. The Vermont Republic had also formed an alliance with the British Empire after the United States had denied them statehood. Thomas Jefferson was also away as a foreign minister to revolutionary France.
Many assumed that the purpose of the convention was to discuss and draft improvements to the existing Articles of Confederation, and would have not agreed to participate otherwise. Once the Convention began, however, most of the delegates – though not all – came to agree in general terms that the goal would be a new system of government, not simply a revised version of the Articles of Confederation
The Convention[]
"In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The Senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability." - James Madison
"All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the government. They will check the unsteadiness of the second, and as they cannot receive any advantage by a change, they therefore will ever maintain good government. Can a democratic assembly, who annually revolve in the mass of the people, be supposed steadily to pursue the public good? Nothing but a permanent body can check the imprudence of democracy. Their turbulent and uncontroling disposition requires checks." - Alexander Hamilton
Hamilton and Madison were the two largest forces in the convention and had opposing ideas for the American government, though both sought to ensure that the wealthy mercantile and landed elite maintained control over the government. Hamilton sought a constitutional monarchy with an upper house of lifetime senators while Madison sought for an upper house where population would decide the number of senators. Smaller states sought equal votes for all states, and were very much against Hamilton's idea of a unified centralized state. Others thought Hamilton's plan was the only solution to prevent more states from breaking away. The question of slavery was also prominent and only deepened the divide between the north and south.
Result[]
The result was a general breakdown of the convention as Hamilton and Madison couldn't agree. The New Jersey plan, which supported the status quo the most, was eventually adopted and each state of the union was given two votes in a unicameral congress. It therefore became crucial to maintain the balance between the slave states and the free states. Vermont was rejected from the union for this very reason; adding a free state to the mix would upset the balance. The disunity of the convention would mark the future of the USA and its collapse in 1812