Notwithstanding the manifold differences between State and State in the Confederation, there were everywhere groups of men who confronted much the same economic conditions. Between the farmer who tilled his sterile hillside acres in the interior of New England and the cultivator of the richer soil of the Piedmont in Virginia and the Carolinas, a greater identity of economic interests existed than the casual observer would have suspected. The feeling of hostility which circumstances bred in the followers of Daniel Shays toward the merchants of Boston was akin to that which the farmers of middle and western Pennsylvania harbored toward the aristocratic and wealthy classes of Philadelphia and the eastern counties. A similar antagonism appears between the yeomen of the uplands and the planters of the tidewater farther to the south, accentuated, no doubt, by religious and racial differences. The Scotch-Irish or German dissenter, who was treated with contempt as a foreigner and forced to support a church established by a State Government which discriminated against numbers and in favor of property, was not likely to feel kindly toward the tidewater aristocracy. Bad crops spelled disaster for these farmers, for they had incurred debt to purchase their lands and had borrowed capital to work them. In hard times they were the first to suffer, for whether money was scarce or plentiful, the tax-collector and the money-lender knocked inexorably at their doors. Bad roads kept them isolated and want of intercourse bred much ignorance and prejudice in even honest men. Were the recorded grievances of these inland groups brought together, they would show a surprising agreement.

Set over against this interior population with predominant agrarian interests were those classes, urban for the most part, whose income was derived from personal rather than real property. Even at this time a capitalist class of no mean proportions existed. No inconsiderable part of this personalty was invested in shipping and manufacturing. A part, not easily determined, was tied up in Western lands, which appealed strongly to the speculative instincts of the American. The amount of money at interest was also considerable in States like Massachusetts. As creditors of the debt-burdened farmers these classes were everywhere on the defensive. To this group should be added the holders of public securities, both state and continental, who could not have remained uninterested witnesses of the demise of the Confederation.

The logic of events was drawing these holders of personal property together. Capitalists with idle money found the avenues to profitable investment closed by the inability of Congress to offer protection to either manufacturing or shipping; creditors with money at interest witnessed with alarm the inability or unwillingness of state legislatures to resist attacks upon private contracts and public credit; holders of public securities shared the general contempt for a Government, which, so far from providing for the ultimate redemption of its obligations, could not even pay interest on its debts; speculators in lands despaired of a rise in values so long as the Government could not defend its borders and protect its frontier population. The desire of all these classes, from Boston to Charleston, was for a Government which would govern.

Under these circumstances the idea of a special convention to revise the Articles of Confederation grew in favor. Some of the States, notably Delaware, Massachusetts, and New Hampshire, had employed constituent conventions to draft new frames of government. The legislature of New York had in 1782 proposed a convention to revise the Articles of Confederation. At the suggestion of Governor Bowdoin, the General Court of Massachusetts had resolved in 1785 in favor of such a convention; but the delegates in Congress, for reasons best known to themselves, had refused to present the resolution. In any case Congress could hardly be expected to take the initiative.

For many years Virginia and Maryland had been at loggerheads over the navigation of the Potomac River and Chesapeake Bay. In 1784 commissioners from both States met at Alexandria, and subsequently at Washington’s country-seat, at Mount Vernon, to make a last effort to adjudicate their differences. It speedily appeared that the question of commercial regulations was one that concerned also their neighbors to the north. Maryland proposed that Pennsylvania and Delaware should be invited to a further conference. The assembly of Virginia went still further and appointed delegates to meet with delegates from other States “to take into consideration the trade of the United States” and “to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony.” Annapolis was selected as the place of meeting.

The response of the States to this call was disappointing. Only five States sent delegates. Positive action on trade relations was, of course, out of the question. But Alexander Hamilton, who attended as a delegate from New York, drafted a report which went far to redeem the situation. Addressed to the legislatures of the States represented at Annapolis, it called attention to the critical state of the Union and the need of a convention of delegates with wider powers from all the States; and in conclusion, it named Philadelphia and the second Monday in May, 1787, as a suitable place and time for such a convention. “From motives of respect” a copy of this report was sent to Congress.

With its wonted indecision, Congress dallied with this bold proposal until late in the following February. Meantime, Virginia and other States appointed delegates to the convention which Congress had not yet sanctioned. When Congress finally issued the summons, it made no reference to the Annapolis Convention, though it took over bodily the recommendations of that body. The sole and express purpose of the convention was declared to be the revision of the Articles of Confederation.

The delegates to the Philadelphia Convention were to be “appointed by the States.” As a matter of course, the choice devolved upon the legislature in every instance. To what extent the active economic interests directed and controlled the selection is a mere matter of speculation. Certain it is that the members of the convention belonged to the governing class in their respective communities. Almost to a man they had held important public positions. To a surprising extent they came from the commercial sections of their States. “Not one member represented in his immediate personal economic interests the small farming or mechanic classes.” A large majority were “directly and personally interested in the outcome of their labors through their ownership of property, real or personal.” Many were holders of public securities and profited by the later funding operations of the new Government; some had invested in Western lands; others had capital invested in manufacturing, shipping, and slaves. Thus circumstanced, they had no mind to try doubtful experiments in government.

Among the first of the delegates to reach Philadelphia was James Madison. Other members of the Virginia delegation soon joined him, and on the 13th of May, Washington made what was really a triumphant entry into the city. When the 14th dawned only a few delegates had arrived. Inclement weather and bad roads detained many, no doubt; but a general dilatoriness in heeding the summons was accountable for the tardiness of others. Until a majority of States were represented, the delegates could only adjourn from day to day. That the gentlemen from Virginia put this time to good use appears from the plan which they drew up as a tentative program and which Randolph presented to the convention. Indeed, there is little doubt that much unrecorded progress was made throughout the convention by informal conferences among the leaders.

It was not until Friday, May 25, that seven States were represented and a preliminary organization could be effected. Washington was the unanimous choice for president, though tradition has it that Franklin was the first choice of many delegates. Altogether, though not at any one time, there were fifty-five delegates in attendance from twelve States. Rhode Island was never represented. The average attendance was hardly more than thirty. It was possible, therefore, to adopt simple rules of procedure and to permit full discussion. The credentials of the delegates gave them, with a single exception, free hand in revising the Articles of Confederation. Delaware alone forbade its representatives to make any alterations which should deprive the State of its equal vote in Congress.

As the doors closed on this notable body in the chamber over Independence Hall in the State House, profound secrecy enveloped its proceedings. Not until the publication of the journal by act of Congress in 1819 were the actual proceedings of the convention divulged; and many more years passed before Madison’s notes on the debates were given to the curious public. The earth scattered on the pavement to silence the rattling of wheels and the sentries stationed at the doors to warn intruders gave added emphasis to the importance of this gathering.

The task before the convention was one of immense difficulty. The most general criticism of the Confederation was that expressed in the vague phrase, “lack of power”; but the defect could not be overcome merely by giving new powers to Congress. Any such increase of authority involved a delicate readjustment of the relations of the States to each other and to the central Government. Before the convention had been in session a fortnight, a line of cleavage among the delegates appeared. To the most obtuse mind the resolutions presented as the Virginia plan seemed to reach far beyond any mere revision of the Articles of Confederation. Randolph frankly admitted the scope of his resolutions by urging that a union of the States merely federal would not suffice. The convention so far yielded to the general drift as to adopt, in committee of the whole, the resolution “that a national government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.”

As the group of nationally minded delegates, led by Madison and Wilson, of Pennsylvania, seized this initial advantage and secured the acceptance, step by step, of the main features of a national government, the delegates from the smaller States drew together in alarmed opposition. It was in their behalf that Paterson, of New Jersey, presented his resolutions. In contrast to the Virginia plan, this held out only the prospect of an improved Confederation. Additional powers were to be given to Congress and there was to be an executive and a supreme judiciary; but the basal principle of the Confederation-the equality of the States-was left untouched. Given the alternative between the New Jersey plan and the Virginia plan as amended, seven States voted for the latter. Only New York, New Jersey, and Delaware preferred the former. The vote of Maryland was divided. The convention then returned to the detailed consideration of the amended Virginia plan. The large-State men were now disposed to make some concessions. The word “national” was dropped from all the resolutions; and minor changes were made in the interest of harmony. But on the fundamental question of what was termed “proportional representation,”-that is, representation of the States in proportion to numbers in the national legislature,-no agreement seemed possible. More than once the convention was on the point of adjourning sine die. Even the usually placid Franklin suggested that “prayers imploring the assistance of Heaven ... be held in this Assembly every morning.”

In spite of the opposition of the smaller States, the convention finally voted that the rule of suffrage in the first branch of the legislature ought not to be according to that established by the Articles of Confederation. Debate then turned on the manner of constituting the upper chamber. On July 2, a vote was taken on the proposal of the Connecticut delegation that each State should have an equal vote in the upper house. The result was a tie, five States against five, with the vote of one State divided. The deadlock seemed complete.

Hoping that a compromise might even yet be effected, General Pinckney proposed a committee of one from each State to consider the whole matter. Opposition was made, but the convention indorsed the proposal and chose the members of the committee by ballot. The selection was obviously favorable to the small-State party, for the committee abandoned the idea of proportional representation in the second chamber. On July 5, it recommended that in the first branch of the legislature there should be one representative for every forty thousand inhabitants in each State, counting three fifths of the slaves, and that in the second chamber the States should have an equal vote. The first proposition underwent further changes at the hands of a special committee, but the principle of representation was accepted. On July 16, the first proposition as amended and the second proposition without change were adopted by a vote of five States to four, with the vote of one State divided. Very properly historians have termed this the great compromise of the Constitution, for without it the further work of the convention would have been impossible. In agreeing that three fifths of the slaves should be counted in apportioning representation, the convention made no innovation, but simply took over the federal ratio which Congress had recommended in 1783 as the basis for future apportionment of requisitions among the States. On this point there was no great difference of opinion in the convention.

It would be a mistake, however, to suppose that with this obstacle to union removed, the Constitution speedily took form. On the contrary, every proposal bristled with controversial points. The Northern commercial States demanded insistently that Congress should be given power to regulate commerce. It was, indeed, the desire of the commercial classes in all the States that Congress should be given power to pass retaliatory acts against Great Britain, but the planters of the Carolinas and Georgia feared-not without reason-that the power to regulate commerce might be used to interfere with the importation of slaves. Here, too, the spirit of compromise prevailed. The power was granted, but the importation of such persons as the States thought proper to admit was not to be prohibited before the year 1808.

From first to last, divergent views were held as to the constitution of the chief executive office. After the initial question, whether the office should be single or plural, was decided, the manner of election remained to be considered. The early proposal to make the President elective by the national legislature was dropped as the office assumed greater importance in the general scheme. If the independence of the legislature was to be maintained, some form of indirect popular choice was favored. But if the people were to elect, the larger States would have a decided advantage. Here was the old question in another form. The electoral scheme finally adopted was essentially a compromise. In most instances-Mason, of Virginia, said nineteen out of twenty times-it was believed that the electors would so scatter their votes that no candidate would have a majority; consequently the Senate would make a choice from among the five candidates having the highest votes. By this arrangement the large States would in effect nominate and the small States elect the President. But because the Senate had already been given extensive powers, the convention transferred the final election to the House, with the provision that the vote there should be by States. The eventual election of a Vice-President was left to the Senate, whenever the electoral college failed to make a choice.

From time to time the convention resorted to committees to facilitate its work. Most important services were rendered by the committee of detail, which early in August put into orderly and connected form the conclusions which the convention had reached. It was the committee on unfinished business which suggested the method finally adopted of electing the President. In its final form and phrasing the Constitution is the work of Gouverneur Morris, who prepared the report of the committee of style.

Citizens of Philadelphia who took up their copies of the Pennsylvania Advertiser on Tuesday, September 17, found to their surprise that the columns were completely filled with the new Constitution. This was their first intimation of what the convention had really done. Rumor had stalked abroad that the convention was rent by dissensions; but the envious reader saw at the end of his paper the words, “Done in convention by the unanimous consent of the States ... in witness whereof we have hereunto subscribed our names.” Done by unanimous consent of the delegates the Constitution was not, for not all the delegates who were present on the last day would affix their signatures. It was Gouverneur Morris who suggested the phrase which gave a specious unanimity to the work of the convention.

The thoughtful reader of the Constitution must have been impressed by the new features which caught his eye. In place of the old inefficient and powerless Congress, he observed a well-organized national legislature, an independent executive, and a federal judiciary of ample jurisdiction. Further scrutiny must have apprised him that the new Government would operate directly upon individuals, thus remedying a vital defect in the Confederation. The powers given to Congress may well have set at rest the minds of anxious public creditors. With the power to lay and collect taxes, to raise and support a military and naval establishment, and to regulate commerce, Congress had ample means to pay the public debt, to enforce its claims, and to offer protection to trade and industry. Not less significant to property-owners were the brief clauses in the new Constitution which sharply forbade States to emit bills of credit, to make anything but gold and silver legal tender in payment of debts, and to make laws impairing the obligation of contracts.

[Map: Distribution of Votes in Ratification of the Constitution The New England States (Based on the map of Dr. O. G. Libby)]

But what guaranty was there that States would observe these prohibitions? The power to coerce a State was nowhere conferred. The militia, to be sure, could be called out to execute the laws; and the United States guaranteed to every State a republican form of government and promised protection against domestic violence. Congress could deal surely and effectively with any future Shays if it were invited to do so. But what if a State passed a law violating the obligation of contracts? The answer is contained in the clause which reads: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” This and the correlative clause which extended the judicial power to all cases arising under the Constitution, the laws and the treaties of the United States, may be called the keystone of the whole constitutional structure. “For the first time in history, courts are called upon by the simple processes of administering justice, in cases where private right or personal injury is involved, to uphold the structure of the body politic.” And there were those in the convention who believed that the principle of judicial control included the power of passing upon the constitutionality of laws enacted by Congress.

It was still within the power of the old Congress to expedite or block the ratification of the new Constitution. The document which the Philadelphia Convention presented was technically only a revision of the Articles of Confederation, which might be altered only with the consent of the legislatures of all thirteen States; but the last article of this new instrument provided that when ratified by conventions (not legislatures) in nine States, it should go into effect among the States so acting. In effect, Congress was asked to sanction a secession of nine States from the old Union which had been declared perpetual. Making a virtue of necessity, Congress finally yielded and passed the Constitution on to the States.

[Map: Distribution of Votes in Ratification of the Constitution The Middle States (Based on the map of O. G. Libby)]

Since the party struggles of Whigs and Tories no campaign of continental proportions had ever been seen like that which ensued between the friends and foes of the new Constitution. By their forehandedness and their clear perception of what they must do, the Federalists, as the proponents of better government styled themselves, had a slight tactical advantage. The Anti-Federalists resented the assumption of the name by their opponents. They were the true friends of federal government, while the friends of the new Constitution aimed to set up a consolidated government. The press teemed with letters and essays, allegories and satires, squibs and pasquinades, expostulating, warning, ridiculing. The public was invited to heed the admonitions of Cato, Cassius, and many another worthy Roman.

Although much the same arguments, sober or satirical, were used everywhere, the campaign had to be fought out in the several States, each with its own peculiar social, economic, and political conditions. In Massachusetts the eastern counties, with their dominant commercial and mercantile interests, favored the Constitution, while the interior agricultural section, which had fought the battles of the Revolution and recruited the ranks of Shays’ army, opposed it. The interior counties of New York containing the farming population were Anti-Federal, while the city and county of New York with its environs-the commercial section-were Federalist. In Pennsylvania, those who had opposed the domination of the Scotch-Irish and German radicals in the State Government now united in advocacy of the new Constitution. Here as elsewhere the Federal area corresponded closely to the counties where commercial and mercantile interests were most in evidence. In Virginia, the old-time social and economic antagonism between east and west, between the planters and merchants of the tidewater and the small farmers of the interior, reappeared. Much the same alignment is found in the Carolinas. Beyond the Alleghanies, the people were a unit in opposing the Constitution.

Detailed studies of the geographical distribution of votes in the state conventions, and recent investigations in the archives of the Treasury Department, sustain the conclusion to which the historian is driven by the testimony of contemporaries, that the fundamental opposition between the advocates and opponents of the Constitution was based on distinctions of wealth. On his first view of the Constitution young John Quincy Adams wrote in his diary: “It is calculated to increase the influence, and power, and wealth of those who have any already.” A writer in the Boston Gazette declared that the supporters of the Constitution consisted generally of the noble Order of Cincinnatus, holders of public securities, bankers, and lawyers: “these with their train of dependents form the Aristocratick combination.” Over against this should be put the remark of Alexander Hamilton: that the new Constitution encountered the “opposition of all men much in debt, who will not wish to see a government established, one object of which is to restrain the means of cheating creditors.” According to John Adams, the Constitution was “the work of the commercial people in the seaport towns, of the planters of the slaveholding states, of the officers of the Revolutionary army, and the property-holders everywhere.”

From November to the following July the campaign continued. Delaware, New Jersey, and Georgia ratified the Constitution unanimously; Connecticut by a majority of three to one; and Pennsylvania, by a majority of two to one. But there is reason to believe that these majorities in the ratifying conventions did not reflect public opinion accurately. Massachusetts, Maryland, and South Carolina followed hesitatingly, each proposing amendments to the Constitution. Toward the end of June the ninth State, New Hampshire, threw in her lot with the majority; and on the heels of this news came the intelligence that the Old Dominion had also ratified. The Constitution was now the law of the land. In the stanch Federal city of Philadelphia, the Fourth of July was celebrated with great rejoicing, for in the parlance of the time the sloop Anarchy was ashore on Union Rock, the old scow Confederation had put to sea, and the good ship Federal Constitution had come into port bringing a cargo of Public Credit and Prosperity.

[Map: Distribution of Votes in Ratification of the Constitution The Southern States, 1787-1790 (Based on the map by Dr. O. G. Libby)]

But until New York ratified the Constitution this rejoicing was premature. Geographically New York was a pivotal State. A union without this member was not worthy of the name. The task of the Federalists was here most difficult. Fully two thirds of the convention were at first opposed to the Constitution. The leadership of the Federalists fell to Hamilton. Together with James Madison and John Jay, he contributed to the newspapers a series of essays in advocacy of the Constitution, which, under the title The Federalist, have become a classic in our political literature. Just how the Federalists succeeded in overcoming a hostile majority and in securing a ratification of the Constitution by a vote of thirty to twenty-seven, remains a mystery to this day.

Half a century later it became the habit of statesmen of the nationalist school to speak of the Constitution as the work of the people of the United States. John Marshall declared the Constitution to be “an expression of the clear and deliberate will of the whole people.” As a matter of fact, no direct popular vote was taken at any stage in its evolution. The delegates to the Philadelphia Convention were chosen by the state legislatures; their work was ratified by conventions of delegates in the several States; and these delegates were chosen in every State but one on a carefully limited suffrage. New York alone provided that delegates to the convention should be elected on the basis of manhood suffrage. Elsewhere property qualifications were imposed which disfranchised probably about one third of the adult male population. In all the States a considerable proportion of the voters abstained from voting. In Boston, where twenty-seven hundred were qualified to vote, only seven hundred and sixty took the trouble to vote for delegates to the state convention. A recent writer hazards the guess that “not more than one fourth or one fifth of the adult white males took part in the election of delegates to the state conventions.” If this be true, the Constitution expressed something less than the will of the whole people and perhaps not even of a majority. The making of the Constitution was clearly the work of a party rather than of the whole people. In the ranks of the Federalist party were the wealth and intelligence which made possible concerted and rapid action. The leadership fell naturally to those who had been accustomed to public life. From this point of view, the adoption of the Constitution was the triumph of a “natural aristocracy.”

Meantime, Congress nearing its end made testamentary provision for its heir. After much wrangling and vacillation, it fixed upon New York as the seat of the new Government and summoned the States to choose presidential electors, Senators, and Representatives. The new national legislature was to assemble on the first Wednesday in March, which fell upon the 4th. To this summons, two States turned a deaf ear. Not having ratified the new Constitution, North Carolina and Rhode Island were strangely circumstanced. Of all the States which had entered into the “firm league of friendship,” they alone remained loyal-loyal, but discredited.