Reading: Additional Information for Constitutional Convention Conflict & Compromise

Reading: Additional Information for Constitutional Convention – Conflict & Compromise

Views on Government

Few delegates that hot summer of 1787 disagreed with [Edmund] Randolph that the nation was in peril. They were less sure about the solution. For weeks the delegates argued how best to create a good and stable government.

The delegates had many beliefs in common. They surely agreed with the “truths” set forth in the Declaration of Independence. One of these is that people have certain natural rights, among which are “life, liberty, and the pursuit of happiness.” The delegates also agreed that people’s natural rights could not exist without government. Government therefore was necessary to liberty.

The delegates also agreed that governments should be based on the consent of the governed. Yet they were aware that government officials might use power for their own ends rather than for the people.

Back in 1776, in the flush of republican enthusiasm, many of the delegates had believed that a successful republic depended on a virtuous people. By 1787, events had changed their minds. As George Washington said, “We have, probably, had too good an opinion of human nature in forming our confederation.” And, as [James] Madison would write, “if men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” The delegates now assumed that people are by nature selfish.

The challenge was great. The delegates had to design a republic that would protect liberty and yet not depend on the virtue of the people. (p. 240)

The Debate Begins

The Virginia Plan called for Congress to be made up of two houses. The people would elect one house directly. That house would then elect the second house.

Some delegates were unhappy with this plan. They believed that ordinary people could not be trusted to elect good representatives. These delegates thought that the state governments should choose members of Congress. Elbridge Gerry, from Massachusetts, noted that it was ordinary people who had caused Shays’ Rebellion. “The evils we experience flow from the excess of democracy,” Gerry said.

Many delegates disagreed with Gerry. James Wilson of Pennsylvania argued that government drew strength from the involvement of citizens. The more people who took part in choosing Congress, the stronger it would be, he said. Madison held that for a government to be free, the people must elect representatives. Disagreements over direct election continued throughout the Constitutional Convention. (p. 241)

Other Debates, Other Compromises

Having agreed to the Great Compromise, the delegates moved on to other matters.

(1) Slavery. The southern states had many more slaves than the northern states. Northerners argued that because slaves could not vote they should not be counted. Southerners wanted to include slaves in the figures determining representation in Congress.

To settle this matter, delegates worked out the Three-Fifths Compromise. They decided that five slaves would count as three persons for the purposes of representation.

(2) Trade. The delegates debated how much power Congress should have over trade. All of them agreed that the national government should control trade between states. The northern states wanted Congress to control foreign trade as well. Because many northerners made a living by shipping, they wanted the same trade laws in force everywhere. Southerners, however, preferred to let each state set its own rules. Southerners exported large amounts of rice, tobacco, and indigo. They worried about losing foreign customers if Congress taxed these goods.

The south also feared that Congress might stop the slave trade. Many northerners opposed slavery. Even southerners who owned slaves, such as George Mason, questioned the practice. “Every master of slaves is born a petty tyrant,” he said. “They bring the judgment of heaven upon a country.”

Once more, both sides compromised. The delegates gave Congress the power to control trade with other countries. Congress could tax imports but not exports. The delegates also said that Congress could end the slave trade in twenty years.

(3) The Executive. The convention turned its attention to the executive branch. Should the executive be one person? Or should it be a committee? Most delegates expected that the first executive would be George Washington, and they believed that he would use his powers wisely. They decided the executive branch would be headed by a single person, a President. To keep that person from becoming too powerful, Congress would have the power to impeach the President. (To impeach is to bring an official to trial for misconduct.)

Some delegates did not trust the judgment of the people to choose a President. To lessen their fears, the Convention decided against direct election of the President. Instead, each state would choose electors – qualified voters. A state would have as many electors as it had senators and representatives. These electors would form the Electoral College, which elected the President and the Vice President. (p. 243)

Federal powers increase under the Constitution

Source:

Mason, Lorna C., William Jay Jacobs, and Robert P. Ludlum. History of the United States: Volume I

Beginnings to 1877.Boston: Houghton Mifflin, 1992, pp. 240, 241, 243.