The Handy Law Answer Book. David L Hudson

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СКАЧАТЬ Maryland Daniel Carroll, Luther Martin, James McHenry, John F. Mercer, Daniel of St. Thomas Jenifer Massachusetts Elbridge Gerry, Nathan Gorham, Rufus King, Caleb Strong New Hampshire Michael Gillman, John Langdon New Jersey David Brearley, Jonathan Dayton, William Houston, William Livingston, William Paterson New York Alexander Hamilton, Robert Lansing, Robert Yates North Carolina William Blount, William Richardson Davie, Alexander Martin, Richard Dobbs Spaight, Hugh Williamson Pennsylvania George Clymer, Thomas Fitzsimons, Benjamin Franklin, Jared Ingersoll, Thomas Mifflin, Gouverneur Morris, Robert Morris, James Wilson South Carolina Pierce Butler, Charles Cotesworth Pinckney, John Rutledge Virginia John Blair, James Madison, George Mason, James McClurg, Edmund Randolph, George Washington, George Wythe

      Did all of the 55 delegates sign the final product of the Philadelphia Convention?

      No, several delegates left before the Convention convened in September. These included: William Richardson Davie, Oliver Ellsworth, William Houston, William Houstoun, John Lansing, Jr., Alexander Martin, Luther Martin, James McClurg, John Francis Mercer, William Pierce, Caleb Strong, George Wythe, and Robert Yates.

      Additionally, three members of the Convention stayed until the end but still refused to sign the document. These three were Elbridge Gerry, Edmund Randolph, and George Mason.

      Why did Elbridge Gerry, Edmund Randolph and George Mason refuse to sign the Constitution?

      Ironically, Randolph would later refuse to sign the Constitution at the end of the Convention in part because he believed his constituents in Virginia would disapprove of the Constitution. He argued that the people in the states, through their representatives, should have the “full opportunity” to propose amendments to the Constitution. However, during the ratification battle in his home state of Virginia, Randolph fought for its adoption.

      Gerry and Mason, key contributors throughout the summer, refused to sign the Constitution in part because it lacked a Bill of Rights. Gerry, the Massachusetts delegate, later wrote: “There is no security in the proferred system, either for the rights of conscience or the liberty of the Press.” For Mason’s part, a few days earlier, he had said: “I would sooner chop off my right hand than put it to the Constitution.”

      Mason honestly believed that the system of government would produce either a “monarchy or a corrupt oppressive aristocracy.” He also felt that the “Constitution has been formed without the knowledge or idea of the people.” Mason believed that the delegates had exceeded their authority by secretly creating a powerful national government that would take away the powers of the states.

      What were the professions of the Founders?

      The majority (33) of the 55 Founding Framers were attorneys. They, as a class, were wealthy landowners who enjoyed strong political connections. They represented future presidents, Supreme Court justices, governors and similar high political positions. The future third president, Thomas Jefferson, who could not attend the Convention because he was serving as ambassador to France, called the men at the Convention “an assembly of demigods.” Jefferson meant that the men participating at the Convention were among the best political leaders in the nation.

      Why was James Madison a key person in the Convention?

      James Madison of Virginia was a key person at the Convention, particularly for historical purposes. Madison kept the most detailed notes of anyone attending the Convention. Historians owe a huge debt of gratitude to Madison for this task alone. Madison also planned ahead of the Convention and introduced several key measures during the Convention.

      What did the new Constitution say about slavery?

      The new Constitution did not directly address the slavery problem, probably because many of the members knew that members—particularly from the more agrarian, southern states—would not be willing to compromise on the measure. However, the vast majority of the delegates did not want to dissolve the Union over slavery. Many members from the southern states would leave the Convention rather than agree to the abolition of slavery.

      The issue of slavery was closely tied to the question of representation in Congress. The southern states wanted to count slaves in their population numbers because they would obtain more seats in the House of Representatives. The northern states did not want to count slaves for purposes of legislative representation since slaves would not vote or pay taxes. The northern states also did not want the southern states to obtain more power.

      The delegates eventually agreed to tie taxation to representation and count slaves as 3/5ths of a person. Some historians contend that the Convention agreed to this compromise over slavery and representation in exchange for the exclusion of slavery in the Northwest Ordinance of 1787. The Northwest Ordinance dealt with the settlement of lands in the West north of the Ohio River.

      The Northern and Southern delegates bargained over the issues of slavery and trade well into the month of August. On August 24, the Committee of Eleven issued a report that contained four provisions: (1) Congress could not prohibit the exportation of slaves until 1800; (2) Congress could tax imported slaves; (3) Exports could not be taxed; and (4) Congress could pass navigation acts by simple majority. The northern states, which depended on commerce, wanted Congress to pass laws regulating trade.

      The Constitution would extend the date to allow the importation of slaves until 1808. The Constitution also contained a clause, called the Fugitive Slave Clause, which allowed Southerners to go into northern states to recover runaway slaves. Unfortunately, the fugitive slave clause enabled the capture of free blacks in northern territory by southern slave owners.

      Thus, the Constitution approved of slavery—if somewhat less than enthusiastically—by counting slaves for the population of states for representative purposes. It also protected the African slave trade for 20 years and guaranteed that masters could recover their runaway slaves. Because of its approval of slavery, the renowned abolitionist William Lloyd Garrison famously burned a copy of the Constitution, calling it a “covenant with death and an agreement with Hell.” However, not all members of the Convention approved of slavery. Gouvernour Morris famously referred to it as “the curse of Heaven on the states” that sanction it.

      James Madison spoke about the Constitution and slavery at the Virginia ratification convention. Madison said: “The southern states would not have entered into the union of America, without the temporary possession of that trade.” However, Madison pointed out that under the Articles of Confederation, the slave trade could have continued forever. At least under the new Constitution, the importation of slaves would end in 20 years.

      Also, the Constitution never uses the words “slave” or “slavery.”

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