To Create a More Perfect Union
by Genevieve Knapp Williams
Akansa Chapter
This program was presented in September as part of Constitution Week. It
is an interactive program, involving several members in its' presentation. As
much as was possible, the participants represented the states where their
ancestors lived and fought. Each "delegate" was given a placard with the
name of their state, and a picture of the state flag (copied from the internet).
As they spoke, they held up the placard. It was interesting to note, that
several members "rewrote" the script to give the information in the first
person style, and some even developed a southern accent!
Program: To Create a Perfect Union
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TO CREATE A PERFECT UNION
(Cast: 1 moderator and 14 "delegates")
MODERATOR: Let me take you back to May 1787, a little more than 10
years since the Declaration of Independence - years in which each of the
newly founded states have been independently governed - bound together
only by the Articles of Confederation which was established as more or less
a "league of friendship" without sufficient power to regulate commerce,
impose taxes, support a war effort or settle disputes between the states.
James Madison thought he had the answer. He wanted a strong central
government to provide order and stability. He wrote, "Let it be tried
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." Madison and a young lawyer from New York
named Alexander Hamilton asked Congress to summon delegates of all of
the states to meet for the purpose of revising these Articles of Confederation.
Seventy four delegates were appointed to the convention, of which 55
actually attended - and some of these 55 arrived after the convention was
well into the session.
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, the financier of the Revolution, opened the session with a
nomination - Gen. George Washington for the presidency of the
Constitutional Convention. The vote was unanimous. His very presence
lent an air of importance and legitimacy to the proceedings. Washington,
suffering from rheumatism, despondent over the loss of his brother and
absorbed in the management of Mt. Vernon, had nearly declined the
invitation to attend the Convention.
On Tuesday morning May 19th, Edmond 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 a strong national government. He presented a plan
(that he and his Virginia compatriots had put together at the Indian Queen
Tavern in the days just preceding the convention), which had three branches
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- legislative, executive and judicial - with each branch structured to check
others. For 10 days the members of the convention discussed this sweeping
and to many delegates, startling Virginia resolution. This "nationalist"
position revolted many delegates.
An alternate plan, representing the interest of the smaller states, was
proposed by William Patterson of New Jersey on June 13th. This plan,
which called only for revisions of the Articles of Confederation was soon
rejected.
On June 18th, Alexander Hamilton presented his own ideal form of
government. Calling the British government "the best in the world", he
proposed a model strikingly similar to the monarchy. There were too many
memories of British rule and too many bloody ties to the recent war for this
plan to gain support.
By the end of June, debate between the large and smaller states over the
issue of representation in the first chamber was becoming acrimonious. On
June 29th, the delegates of the smaller states lost their first battle, when the
convention approved a resolution establishing population as the basis for
representation in the House of Representatives. On a subsequent proposal
that the states have equal representatives in the Senate, the vote resulted in a
tie. By July 10th, Washington was so frustrated over the deadlock that he
called the opponents of a strong central government "narrow minded
politicians - under the influence of local views".
The delegate from Maryland was the small states most effective orator,
declaring, "All states have a right to an equality of representation. This is
secured to us by our present Articles of Confederation; we are now in
possession of this privilege." Also, crowding into this complicated and
divisive discussion on representation was the North-South division over the
method by which slaves were to be counted for the purposes of taxation and
representation.
Delegates began to realize that compromises were going to have to be made,
and with this conciliatory air, a Committee of Detail was appointed to draw
up a draft constitution. While Nathaniel Gorham, John Rutledge, Edmond
Randolph, James Wilson and Oliver Ellsworth went to work, the other
delegates voted themselves a 10 day vacation!
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On Monday, August 6th, 1787, the convention accepted the first draft of the
Constitution. Here was the article-by-article model from this the final
document would result some five weeks later. Before the final vote on the
Constitution on September 15th, Edmond Randolph proposed that
amendments be made by the state conventions, and then turned over to
another general convention for consideration. These amendments formed
the basis of the Bill of Rights. On September 17th, the delegates met for the
last time.
On October 2nd, 1789, President Washington sent to each of the states a
copy of the 12 amendments adopted by Congress. And the signing began....
DELEGATE 1 DELAWARE is proud to claim the honor of being the first
state to ratify the new United States Constitution, and voters here eagerly
endorsed the attending Bill of Rights - 10 amendments designed to protect
the governed from the government. The First Amendment based on the
hope that men could live together peaceably is as follows: Congress shall
make no law respecting an establishment of religion or prohibiting the free
exercise thereof: or abridging the freedom of speech or of the press: or the
right of the people to assemble; and to petition the Government for a redress
of grievances.
DELEGATE 2: Eight proud Pennsylvanians, led by Benjamin Franklin and
George Robert Morris, signed the Constitution, and argued endlessly for its'
ratification.
PENNSYLVANIA was the first state to call a ratifying convention, and
James Wilson's speech, praising the new government as "the best which
has ever been offered", helped carry the vote by a healthy 46 to 23. With the
battles of the Revolution still ringing in their ears, Pennsylvanians heartily
endorsed the Second Amendment: A well regulated Militia being necessary
to the security of a free State, the right of the people to keep and bear Arms,
shall not be infringed.
DELEGATE 3: The great state of New Jersey, represented at the
Constitutional Convention by Williams Livingston, David Brearly, William
Paterson, and Jonathan Dayton, was one of the five states to ratify the
Constitution by January 1788. Having suffered through the Quartering Act,
which forced our citizens to house King George's troops, this Third
Amendment helped sway their vote for ratification of the Bill of Rights. No
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soldier shall, in time of peace be quartered in any house, without the consent
of the Owner, nor in time of war, but in a manner prescribed by law.
DELEGATE 4: Georgia's state convention readily ratified the Constitution,
but delayed adopting the Bill of Rights, feeling it was too early to start
making changes. "Experience alone", they said would reveal "the defective
parts of the Constitution."
DELEGATE 5: William Samuel Johnson and Roger Sherman proudly
signed the Constitution, representing the great state of CONNECTICUT.
Connecticut was the fifth state to ratify the Constitution, and the delegates
were among the first to recognize the need for amendments. The Fourth
Amendment is as follows: The right to persons to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrant shall issue, but upon probable cause,
supported by Oath of affirmation, and particularly describing the place to be
searched, and the person or things to be seized.
DELEGATE 6: MASSACHUSETTS' delegation, led by Nathaniel Gorham
and Rufus King, realized their state's ratification was pivotal to the adoption
proceedings. With the Anti-Federalists agreeing only if a recommended list
of amendments be included. Massachusetts ratified by a close vote - 187 to
168. The Fifth Amendment called the "very heart of the Bill of Rights
protects citizens from prosecution and condemnation by the state. No
person shall be held to answer for a capital or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service
in time of War or public danger, nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb, nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; not shall
private property be taken for public use without just compensation.
DELEGATE 7: The Federalists celebrated their great 63 to 11 victory for
ratification in MARYLAND, with a huge parade through the streets of
Baltimore. The parade was highlighted by a 15 - foot float called "Ship
Federalist". The sea-worthy craft was later launched and sailed down the
Potomac to Mt. Vernon. Patrick Henry once defended the Sixth Amendment
thus, "It prevents the hand of oppression from cutting you off". In all
criminal prosecution, the accused shall enjoy the right to a speedy and
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public trial, by an impartial jury of the State and district wherein the crime
shall have been committed... and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him, to have
compulsory process for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.
DELEGATE 6: J.Rutledge, Charles Pinckney and Pierce Butler proudly
signed the Constitution, representing their home state of SOUTH
CAROLINA, but savage arguments about rights and amendments delayed
ratification by South Carolina for several years. Thus, they welcomed the
addition of the Bill of Rights. "We must remember in reading the Seventh
Amendment that $20.00 amounted to about 40 day's wages in 1791! In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of a trial by jury shall be preserved, and no fact tried by a
jury shall be otherwise examined in any Court of the United States, than
according to the rules of common law.
DELEGATE 9: New Hampshire, the ninth state to ratify the Constitution in
July 1788, guaranteed it's adoption as the law of the land. But ratification of
the amendments involved long debates, and the standards of what
constituted cruelty was only one of the issues. This Ninth Amendment is
still debated today. Excessive bail shall not be required nor excessive fines
imposed, nor cruel and unusual punishments be inflicted.
DELEGATE 10: The great state of VIRGINIA was represented by John
Blair and the boyish-looking 36 year old James Madison. Even with the
influence and persuasive arguments of these great statesmen, the state
conventions were slow in ratifying the Constitution - and even then, the vote
was very close. This convinced Madison that a Bill of Rights was necessary,
and he worked tirelessly for it's enactment. Virginia was the 10th (and last)
state necessary to ratify the amendments. In 1791, Madison introduced this
resolution that became the Ninth Amendment: The enumeration in the
Constitution of certain rights shall not be construed to deny or disparage
others retained by the people.
DELEGATE 11: Alexander Hamilton, a leader of the Federalist Party was
the lone signer of the Constitution at the Convention representing New
York. Recognizing the need for persuasive arguments, Hamilton along with
John Jay and James Madison, published their famous essays known today as
the "Federalist Papers". They were published in 1787 and helped sway the
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States' delegation toward ratification. He figured that the majority of the
people in New York actually opposed the Constitution, and only the promise
of amendments had ensured a Federalist victory. As if to underline what the
Bill of Rights is all about, the final words of the Tenth Amendment are the
same as the opening to the Constitution: The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
reserved to the states respectively, or to the people.
DELEGATE 12: In North Carolina, Anti-Federalists stalled the State's
convention to a deadlock in September, 1788; and ratification of the
Constitution was delayed until November 1789. A month later, North
Carolina adopted the Bill of Rights.
DELEGATE 13: Rhode Island, small in size, but strong in conviction, was
the only state to pass the Constitutional Convention. However, in 1790, they
voted to accept both the Constitution and the Bill of Rights.
DELEGATE 14: Passage of the Bill of Rights required approval of threefourth of the states - which was 10, until Vermont joined the Union in early
1791, and became the tenth state to ratify these amendments. However, with
Vermont in the Union, the number required for passage was raised to eleven
(11). Thus in Virginia, the cauldron of revolutionary and rhetorical fervor,
the debate fired up all over again. James Madison and his Federalists
prevailed and after two years, Virginia approved the amendments in
December, 1791.
MODERATOR: On March 1, 1792, Secretary of State Jefferson sent
official word to the Congress: the Constitution and the country had a Bill of
Rights.
Program: To Create a Perfect Union
BIBLIOGRAPHY AND RESOURCES
"Charters of Freedom"
The National Archives Experience (www.archives.gov/national)
"The Bill of Rights" by Roger Roseblatt
Life Magazine, Bicentennial Issue Fall 1991
"Roots & Radicals" by John Neary and Jane Furth
Life Magazine, Bicentennial Issue, Fall 1991
"The Words We Live By" by Linda R. Monk
Stonesong Press, New York, NY
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