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National Archives and Records Administration


A More Perfect Union:
The Creation of the U.S. Constitution -
An Introduction

 

(Continued)

 

 

 

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, with Federalists 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 the new 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, theDeclaration 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."


Bibliographic note: Web version based on the Introduction by Roger A. Bruns to A More Perfect Union : The Creation of the United States Constitution. Washington, DC : Published for the National Archives and Records Administration by the National Archives Trust Fund Board, 1986. 33 p.

Note: Web version may differ from the printed version.

 


This article is from the National Archives and Records Administration foremerly at http://www.nara.gov/exhall/charters/constitution/cohist.html now at http://www.archives.gov/national_archives_experience/charters/constitution_history.html

 



 

Publications relating to the creation and ratification of the Constitution of the United States:

 

   The following are works relating to the Constitutional Convention of 1787:

Farrand's Record (The Records Of The Federal Convention Of 1787) 3 Volumes

   One of the great scholarly efforts of the early twentieth century was Max Farrand's gathering of the documentary records of the Constitutional Convention. Published in 1911, The Records of the Federal Convention of 1787 contained the materials necessary for a study of the workings of the Constitutional Convention.  

 

Notes Of Debates In The Federal Convention Of 1787 by James Madison

   This is the complete edition of Madison's record of the Constitutional Convention. It traces day by day the debates held from May to September 1787, and discloses the strategy, interests, and ideas of the Founding Fathers at the Convention itself.

   "Considering the pecularity and magnitude of the occasssion which produced the convention at Phildelphia in 1787, the Characters who composed it the Constitution which resulted from their deliberation, it's effects during a trial of so many years on the prosperity of the people living under it, and the interest it has inspired among the friends of free Government, it is not an unreasonable inference that a careful and extended report of the proceedings and discussions of that body, which were with closed doors, by a member who was constant in his attendance, will be partricularly gratifying to the people of the United States, and to all who take an interest in the progress of political science and the cause of true liberty." Will of James Madison.

 

(The following is from The U.S. Constitution Online at http://www.usconstitution.net/consttop_faf.html )

   After the Constitutional Convention, the fight for the Constitution had just begun. According to Article 7, conventions in nine states had to ratify the Constitution before it would become effective. Some states were highly in favor of the new Constitution, and within three months, three states, Delaware (with a vote of 30-0), Pennsylvania (46-23), and New Jersey (38-0), had ratified it. Georgia (26-0) and Connecticut (128-40) quickly followed in January, 1788.

   More than half-way there in four months, one might think that the battle was nearly won. But the problem was not with the states that ratified quickly, but with the key states in which ratification was not as certain. Massachusetts, New York, and Virginia were key states, both in terms of population and stature. Debates in Massachusetts were very heated, with impassioned speeches from those on both sides of the issue. Massachusetts was finally won, 187-168, but only after assurances to opponents that the Constitution could have a bill of rights added to it.

   After Massachusetts, the remaining states required for ratification did so within a few months, with Maryland (63-11) and South Carolina (149-73) falling in line, and New Hampshire (57-47) casting the deciding vote to reach the required nine states. New York and Virginia still remained, however, and many doubted that the new Constitution could survive without these states.

New York and Virginia

   Early in the ratification process, the proponents of the Constitution took the name "Federalists."

   Though those who opposed the Constitution actually wanted a more purely federal system (as the Articles provided), they were more or less forced into taking the name "Anti-Federalists." These men had many reasons to oppose the Constitution. They did not feel that a republican form of government could work on a national scale. They also did not feel that the rights of the individual were properly or sufficiently protected by the new Constitution. They saw themselves as the true heirs of the spirit of the Revolution. Some very notable persons in United States history counted themselves Anti-Federalists, like Patrick Henry, Thomas Paine, George Mason, George Clinton, and Luther Martin.

   There were some true philosophical differences between the two camps. In many instances, though, there was also a lot of personal animosity. For example, in New York, George Clinton was a political opponent of John Jay, a prominent Federalist, and also disliked Alexander Hamilton. And in Virginia, Patrick Henry was a political rival of James Madison.

 

                                                           

Patick Henry                                                          James Madison
"Anti Federalist"                                                          "Federalist" ".......

 

    In addition, many letters were written to newspapers under various pseudonyms, like "The Federal Farmer," "Cato," "Brutus," and "Cincinnatus." These letters and several speeches are now known as "The Anti-Federalist Papers."

   In response to the speeches and letters of the Anti-Federalists, the Federalists gave their own speeches and wrote their own letters. John Jay, Alexander Hamilton, and James Madison coordinated their efforts and wrote a series of 85 letters under the name "Publius." These letters both explained the new Constitution and answered the charges of the Anti-Federalists. The letters were collected into a volume called "The Federalist," or "The Federalist Papers." Though the influence of The Federalist at the time is questionable, the letters are noted today as classics in political theory. Perhaps of far greater importance were the Federalist stances of George Washington and Ben Franklin, very prominent men both in their day and today. Their opinions carried great weight.

   The votes in Virginia and New York were hard-won, and close. Virginia voted 89-79, and New York, a month later, voted 30-27 to ratify. With all the major states now having ratified, confidence was high that the United States under the Constitution would be a success, or, at least, have a fighting chance. The new Congress met, and George Washington became the first President. As suggested by many of the ratifying conventions, one of the first tasks tackled was the writing of a Bill of Rights to be attached to the Constitution. The Bill, Amendments 1-10, eased the minds of many hold-outs. Shortly thereafter, North Carolina ratified (194-77), and lone hold-out, Rhode Island, finally relented and ratified on a close 34-32 vote.

Aftermath

   The Federalists were successful in their effort to get the Constitution ratified by all 13 states. The Federalists later established a party known as the Federalist Party. The party backed the views of Hamilton and was a strong force in the early United States. The party, however, was short-lived, dead by 1824.

   The Anti-Federalists generally gravitated toward the views of Thomas Jefferson, coalescing into the Republican Party, later known as the Democratic Republicans, the precursor to today's Democratic Party.

   

The Anti Federalist Papers (a)

The Anti Federalist Papers (b)

   The Anti Federalist, commonly referred to as the Anti Federalist Papers, is a series of 85 essays. The essays were written by various authors, most of whom used a pseudonym.

   The essays present arguments against ratification of the Constitution. The authors not only discuss the weaknesses and defects of the Constitution, but also many general problems of politics are also covered.

 

The Federalist Papers

   The Federalist, commonly referred to as the Federalist Papers, is a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The essays were published anonymously, under the pen name "Publius," in various New York state newspapers of the time.

    The Federalist Papers were written and published to urge New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787. In lobbying for adoption of the Constitution over the existing Articles of Confederation, the essays explain particular provisions of the Constitution in detail. For this reason, and because Hamilton and Madison were each members of the Constitutional Convention, the Federalist Papers are often used today to help interpret the intentions of those drafting the Constitution.

 

Elliot's Debates (The Debates In The Several State Convention On The Adoption Of The Federal Constitution) 5 Volumes

   The Debates in the Several State Conventions on the Adoption of the Federal Constitution were compiled by Jonathan Elliot in the mid-nineteenth century. They stand today as the best source for materials for the period between the closing of the Constitutional Convention in September 1787 and the opening of the first Federal Congress in March 1789.

 


 

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