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The Magazine

May 28, 2006




The making of the US constitution



By Bilal Ahmed Malik


Under a divide and rule policy, great Britian tried to keep the American colonies separate and dependent on it until the 17th century. The colonists did not become aware of any real unity until the events leading to the revolutionary war stirred American patriotism.

Before the revolution, the colonists considered themselves English men, and their national loyalty was towards the British crown. The local loyalty of each was towards his colony and not towards America. Beyond this, there was some sectional feelings based on familiarity and identity based on interests, so that New England, the south, and to a lesser extent the middle colonies became identifiable communities. As early as 1643, the New England confederation was organized to provide unified action against the threats of the Indians, Dutch and the French. The confederation lasted as an effected organization until 1664.

In 1754, the British ministry called the nine northern colonies into conference at Albany to discuss the Indian affairs. Benjamin Franklin seized the opportunity to purpose the scheme of continental government. Long wars with Indians and the French forced the colonists, first for political and then for military purposes, to come together in defence of their common cause. Gradually they became aware of an American interest as distinct from England or purely local interests.

Colonial leaders began to get in closer to one another. The committees of correspondence, the Stamp Act Congress, and the first Continental Congress stimulated awareness of a common bond. Finally in 1775, the second Continental Congress began to speak for Americans. Even after minutemen began fighting with redcoats in 1775, the idea of independence was unacceptable to many Americans. They still hoped for reconciliation with England. But as the fighting continued and the English government refused to make concessions to American demands, in August 1775, the King issued a proclamation declaring the colonies to be in state of rebellion. In December 1775 the parliament forbade all trade with the colonies.

Those wanting independence became stronger. In Pennsylvania, the struggle was especially bitter. There the radicals finally gained control, established a new government, drew up a new constitution and instructed their delegation in Congress to work for independence. On June 7, Richard Henry Lee, pursuant to instructions from Virginia Assembly moved in Congress “that these united colonies are, and of right ought to be, free and independent states”.

After a bitter debate, Lee’s motion was adopted on July 2. The Congress had already appointed a committee consisting of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert Livingston to prepare for the formal declaration of the causes, which impelled them to this mighty resolution. The Declaration of Independence was adopted on July 4, 1776.

A more permanent constitutional arrangement was needed. In June 1776, the Congress created a committee to draft the constitution. A few days later, this committee submitted the plan for a “league of friendship and perpetual union”, but after months of interrupted debate the Congress finally submit the articles of confederation to the states for their approval. Within two years, all except Maryland had ratified the articles, but since unanimous consent was required the articles did not go into effect until Maryland signed up.

On a bright Sunday afternoon in May 1787, George Washington arrived in Philadelphia to the sound of chiming bells and cheering citizens. He then went to call on old friend Benjamin Franklin. They had much to talk about for Washington as a delegate from Virginia and Franklin as delegate from Pennsylvania, where in a vanguard of a group of illustrious men they were to spent the hot summer of 1787 writing a new constitution for the 13 American states.

Among those who came were George Washington, James Madison, Edmund Randolph, Benjamin Franklin, James Wilson, Gouverneur Morris, Luther Martin, John Dickinson and William Paterson. Many of the most important men of the nation were there, like successful merchants, planters, bankers, lawyers, former and present governors and congressional representatives. As theorists, they had read Locke, Montesquieu and the other philosophers. As men of affairs they were interested in the intensely practical job of constructing a new government. Experience was to be their main guide.

The constitutional convention is usually discussed in terms of three famous compromises — the compromise over representation in Congress, the compromise on counting of slaves for taxation and representation, and compromise over the regulation and taxation of foreign commerce. Within days of the opening of the convention, only Connecticut dissenting, voted to approve the fourth Virginia resolve that “a national government ought to be established consisting of supreme legislature, executive and a judiciary.”

This decision, approved by the majority of the delegates to establish a national government resting on the exercising power over individuals, profoundly altered the nature of the central government, changing it it from the league of states to a national government.

For the first few weeks the nationalists were in control. But by June 15, additional delegates from the small states had arrived and they began to counterattack. They rallied around William Paterson who presented the New Jersey plan. The convention was deadlocked. There were conflicts on representation in both houses between small and large states. Finally a committee of eleven was selected to devise a compromise, and on July 5 it presents it proposal, known as “Connecticut compromise.”

Finally, on September 17, 1787, they assembled for an impressive ceremony of placing their names on the document they were recommending to the nation.



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