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July 12, 2023

Almost Finished!

After all the diligent work by the Constitutional Convention delegates, state approval should be relatively easy, right? Maybe not.

Does it feel as though we’ve been wallowing in the birth of the Constitution for weeks? Yes? Can you imagine being immersed in the actual process of writing, debating, compromising, rewriting, deliberating, and then finalizing a single sentence that may be critical to the stability of the young nation?

I actually like to imagine being a member of the Constitutional Convention because I believe that some of our Founders’ best work occurred during those hot, contentious days in Philadelphia. I just want a seat next to James Madison…

Finally, the work was completed and the Constitution was ready for ratification — for each state to “sign on” to the new governmental structure being proposed. After all the diligent work by the delegates, state approval should be relatively easy, right? Maybe not.

Would you be surprised to learn that the Framers had conflicting opinions about the finished product?

Alexander Hamilton, New York delegate, advocated for a united support of the proposed Constitution, noting “a few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief.” He further reminded the delegates that “no man’s ideas were more remote from the plan than [mine are] known to be, but is it possible to deliberate between anarchy on one side and the chance of good to be expected from the plan on the other?”

Quite eloquently stated.

Hamilton, along with friends James Madison and John Jay, would need to hone those arguments during the months following the release of the completed Constitution because there were critics among their colleagues.

What were the major criticisms? Numerous and varied, but Elbridge Gerry foresaw division among the states and their assemblies when faced with the new Constitution. “A Civil War may result from the present crisis.” An ominous prediction, right? Well, it got worse. “There are two parties, one devoted to Democracy, the worst … of all political evils, the other as violent in the opposite extreme … for this and other reasons … the plan should have been proposed in a more mediating shape.”

If the Constitution was indeed a “bundle of compromises,” then there were delegates who had strong feelings about the document and felt their reservations had been ignored. Some left the debates and three refused to sign. Most prominent among those who refused to sign was Virginia’s George Mason — and he would continue to argue against the Constitution, joined by his friend Patrick Henry.

But it was the aging Benjamin Franklin whose words were first carried in colonial newspapers across all 13 states and whose observations spurred debate. Franklin was one of the most respected of the Founders, probably eclipsed only by George Washington, who had served as president of the convention. Franklin’s ill health prevented him from delivering his own remarks; instead, he asked his friend and fellow delegate, James Wilson of Pennsylvania, to read the speech he had crafted during the final days of debate.

Franklin’s insightful observations acknowledged delegate concerns but urged support:

“I confess that there are several parts of this Constitution which I do not at present approve … the older I grown, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others … I agree with this Constitution with all its faults, if they are such; because I think a general Government necessary for us … [and] I doubt … whether any other Convention we can obtain, may be able to make a better Constitution.”

Franklin continued with his arguments for support, bringing his thoughts to a conclusion with, “On the whole … I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me on this occasion doubt a little of his own infallibility, and make manifest our unanimity put his name to this instrument.”

Wow. Brilliantly argued, right? Who among us in infallible?

But not everyone was swayed by Franklin’s observations. George Mason continued his fight and now moved to more public arguments. He authored a list of objections that were printed in pamphlet form, distributed across the states, and then reprinted in newspapers. Debates were fueled from New Hampshire to Georgia.

Next week, we’ll weigh Mason’s concerns against Franklin’s assurances. Where would you stand?

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