| FoolMeNot |
Impressions of the Constitutional Convention of 1787
Brian VandePolder
I am a Constitutionalist. Even though I have read the Constitution many times, I have not really had an understanding of what it really meant. In 2011 I finally decided that I needed to learn about the process of writing the Constitution and what the preparer’s intent was. Drawing on my tax research training (in order to know and interpret tax law, you need to go back to the legislative records to determine the intent of the legislators). I have applied this to my study of the U.S. Constitution; something I wish that the Supreme Court Justices would do.
My research has been 100% online and from three sources: (1) http://www.usconstitution.net/(2) http://avalon.law.yale.edu/18th_century/ and (3) http://www.teachingamericanhistory.org/convention/. My research centered around the notes of: James Madison (primary source), Alexander Hamilton, Major William Pierce, Rufus King, Robert Yates, William Paterson, and James McHenry. Other documents read include: mini biographies of the 55 delegates and William Jackson (Secretary of the Convention), the Confederation Congress’ Charge in calling the convention, Rules of the Convention, Declaration of Independence, Articles of Confederation, the four plans introduced, all drafts of the Constitution, and other lesser documents from the above sources. The Ledger of the Constitutional Convention was not read as it is in three volumes of around a 1,000 pages in each volume. I will let the scholars tackle the ledger. In my re-enacting I have heard stories of meetings debates and cutting of deals, that took place outside of the Convention chambers, some of which are alleged to have been very nasty and may have been violent. There are no records of these and are not part of this research. However, knowing the temperament of the individuals and the stress of the times, I am inclined to believe these stories.
The charge to the Constitutional Convention, in the call to convention by the United States Congress in attendance (Confederation Congress) reads as follows:
“Resolved that the articles of Confederation ought to be so revised, corrected and enlarged, as to render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union (Madison’s Notes).” Four plans were presented. The New Jersey Plan and Pinckney’s Plan seemed to follow this charge; however, Hamilton’s British Plan and Randolph’s Virginia Plan went beyond the charge and proposed a whole new government. All four plans were initially voted down, however, as time went on, it became apparent that the Virginia Plan is the bases for our current Constitution, with bits and pieces of the other three plans, and bits and pieces of State Constitutions being incorporated. I always was led to believe that the U.S. Constitution was based on the Massachusetts Constitution; not so.
In reading the make-up of the Convention, it is a wonder that we have a Constitution, let alone, one that has lasted over two hundred years. The interests of the states were very diverse: small states, large states, industrial states, agricultural states, slave states and free states. If that was not enough of a problem, the diversity of the delegates also read like a recipe for disaster. All of the delegates were learned men, some with college and advanced degrees, however, most with home schooling by tutors or local private schools. Some of the delegates had military backgrounds, political experience (some both), teachers, businessmen, land owners (farmers), and lawyers. The delegations had monarchists, anarchists, believers in states rights, believers that the states should be eliminated, believers that the people should elect the national government, those that believed the states should elect the national government, some wanted a strong national government, others wanted a weak government, some wanted a whole new constitution and others felt that the forming of a new government would be illegal (based on the charge of the Confedertion Congress or the charge from their State Legislatures. It almost sounds like Congress today. The main difference is that there was no party system in place at the time.
The Constitutional Convention was scheduled to start May 14, 1787, but only eight delegates were present (less than seven states represented). On May 25, the convention convened, with twenty-nine delegates present (nine states represented). The only business conducted was the election of General George Washington as President and William Jackson as Secretary of the Convention, plus appointing a Rules Committee to establish the Convention Rules. Fifteen rules were adopted on May 28 with five more adopted on May 29. Three rules that I need to mention here are: (3) Every member, rising to speak, shall address the President; and whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet or paper, printed or manuscript—and of two members rising at the same time, the President shall name him who shall be first heard. (15) Voting at the Convention shall be one state one vote. And (20) That nothing spoken in the House be printed, or otherwise published or communicated without leave. The adopted rules are attached as an Appendix.
Of the thirteen recognized states (Vermont was considered a Territory) only Rhode Island was not represented at the Constitutional Convention and the New York delegation left after the session of July 5 because they believed the convention was exceeding their powers (Hamilton had left June 30, but returned September 6). The diversification, discussed earlier, was not only between the states, but was also within the delegations from the states. This can be proven by looking at the number of state votes counted as “divided”. Also, in the debates, the few delegates that did participate in the debates, many times found themselves speaking against members of their own delegation. By June 28, after the convention had been stalled for a period of 4-5 weeks, Franklin (not known to be a religious person) called for “prayers imploring the assistance of heaven” before the start of each session. By this point there was serious consideration of adjourning the convention and going home. The debates were heated, but respectful. There had been a number of reconsideration of items that had been passed or defeated and endless debate on the same issue without it coming to a vote. Some of the reconsiderations were based on later issues that may have an affect on the item being reconsidered. After Franklin’s speech (read by another delegate for Franklin), when the convention came to an impasse on an issue (section), the issue was tabled and they moved on to the next item.
Some issues were tabled more than once while others were resolved (usually in the affirmative) when debated again. Throughout the convention it seemed that the same 12 delegates were participating in the debates, with the remaining delegates casting their votes, but not otherwise participating. There were state delegations where not all of the delegates even showed up to the convention. Many delegates left during the convention, not to return. Some had legitimate reasons for leaving and many of them returned when able. Others left in protest of the document being prepared and a few left, like the New York delegation, because the felt that the convention had exceeded their powers. Some that left in protest did not believe that the Constitution would get past the Continental Congress, or if it did, would not be ratified by the state legislatures or the people.
On September 17, 1787 all but three of the delegates still in attendance signed the Constitution, Mr. Read signing for Mr. Dickinson, who could not be in attendance on that date. The Constitution was sent to the Confederation Congress with a cover letter requesting that it be sent to the 13 states for ratification. Because the Constitution was proposing a different government, the Congress could not take action to approve it, and complied with the Convention’s request and sent the Constitution to the separate states for ratification. The three delegates that did not sign the Constitution spoke in favor of it at their State’s Ratification Conventions. Only three or four of the delegates that left the Constitutional Convention in protest spoke against the Constitution, with many of the other protesting delegates, also being delegates at their State Conventions voted for its ratification.
The most contentious items in the Constitution were: creation of two houses in Congress, make of up the executive, states rights, and slavery. These items were resolved last, by compromise. The Senate was created to put the minority (small) states on an even keel with the larger states. The Executive has the right of veto, with the advice of his cabinet, over legislation passed by Congress, but Congress has power to override the veto. Also, the executive is elected, not by the people, but by an electoral college, with the Congress (with each state having one vote) in case there is no majority vote by the“college”. The import of slaves was abolished in the year 1808, however, slavery was not abolished. The Constitution guarantees a republican form of government to the states and the right to pass laws that are not expressly given to the National Government or prohibited by the Constitution. None of the delegates were completely satisfied with the final document, but the majority believed that is was the best that anyone could put together. It was meant to be a living document, one that could be changed as times and circumstances changed.
Most of the delegates to the Constitutional Convention were patriots, having served in the military or in the Continental Congress or both. One delegate was an Irish immigrant that came to the United States after the end of the Revolutionary War. Some were sitting members of the Confederation Congress. The confederation of the states was two-fold: (1) to give the 13 states an economic power to compete with the European countries and (2) and to protect the United States from foreign invasion. The Articles of Confederation did not give the Confederation Congress enough power over the states to get the funding and cooperation needed to accomplish these purposes. At the outset of the convention many delegates believed that amending the Articles would not accomplish the task. They sought to form a strong central government that gave the people more of a voice in their government and be able to enforce the needed laws to accomplish the national economic and military requirements. All of the delegates felt that a republican form of government would be preferred, however, history demonstrated that the republics were short lived, and usually disintegrated from within, not from outside forces. The most contentious debates were over how much power was to be given to the congress, executive and judiciary, and what role would the states play in the new government. There were a number of delegates that wanted to be sure the individual rights would be guaranteed before the convention ended. All agreed that a bill of rights was necessary, but the majority felt it should be addressed in another convention.
Throughout the convention, individual rights were brought up. Although a bill of rights did not come out of the Constitutional Convention, the debates that took place strongly reflects that any bill of rights would be the rights of the individual.The three delegates that refused to sign the Constitution approved of the Constitution, but, would not sign because of the lack of a bill of individual rights.
What struck me was the respect that the delegates showed for each other, especially after knowing the differences of opinion and how strongly they felt about their positions. This is even reflected in the few letters that have been published, from some of the delegates to friends and relatives (the rule of secrecy was one rule that was not observed by some delegates). A trait that is lost today. Freedom of speech does not mean freedom to be disrespectful to others.
PS: It has been a number of days since I wrote this “article”. Since then I have seen some postings on the Web, and have gone to a couple of programs, where items have been quoted as being from the US Constitution, but, are actually in the Declaration of Independence. The Declaration of Independence is NOT the law of the land; however, it is a good indication of the mood and beliefs of our fore fathers, and most Americans today. It is probably the second most important document to Americans, second only to the Constitution. Another very important document, that still has bearing to us now, is the North West Ordinance of 787, passed by the Confederation Congress on July 13, 1797. This ordinance is still in effect and governs our territories, as well as the States that came into the Union after the original 13 United States. Another statement error, that I heard just recently, was that the Articles of Confederation were adopted in 1777. The fact is, they were written in 1777 and were the unofficial rules for the 2nd Continental Congress, but they were not ratified until 1781, when the last of the original 13 Colonies voted them into law. According to the Articles of Confederation, they could not become law or be amended until there was 100% agreement of the Continental and Congress and the original 13 Colonies. After the signing of the Declaration of Independence, our forefathers considered us as independent states, united (the United States of America), however we were still looked upon, by the outside world, as colonies of Great Britain. It wasn’t until the forming of a new government, under the Articles of Confederation, that we started getting recognition as an independent country. The Treaty of Paris, in 1783 made it official, and the North West Ordinance of 1787 gave us credibility. The Bill of Rights, ratified in 1791, cemented our union, but we still had one more obstacle to overcome, before we would be respected by the world powers – the War of 1812.
A final note on the Constitution and the North West Ordinance; The North West Ordinance was passed, by the Confederation Congress, while the Constitutional Convention was in session. Many of the delegates to the Convention were also representatives in the Congress. Even though was a rule of secrecy, there are many similarities in the Ordinance, that were originally adopted in the early days of the Convention (though they did not survive to the final draft). There are also clauses in the Ordinance, that were not discussed until the later stages of the Convention. It is my belief that both documents were influenced by each other. I have heard the Ordinance referred to as the Constitution for the US Territories. As stated earlier, the North West Ordinance of 1787 is still and active law, which governs the US Territories, even today.
Rules of the Constitutional Convention of 1787
Convention Procedures
The rules of procedure agreed to by the delegates at the Constitutional Convention are outlined in James Madison's Notes on May 28 and 29, and William Jackson's Journal for the same days. They form the pillars that support the four-month conversation.
Madison's Notes, on May 27 indicate that a Committee For Preparing Rules consisting of Wythe, Hamilton, and C. Pinckney, was created. On May 28, Madison and Jackson note that the Committee reported following standing rules:
1. A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.
2. Immediately after the President shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the
Secretary.
3. Every member, rising to speak, shall address the President; and whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet or paper, printed or manuscript—and of two members rising at the same time, the President shall name him who shall be
first heard.
4. A member shall not speak oftener than twice, without special leave, upon the same question; and not the second time, before every other, who had been silent, shall have been heard, if he choose to speak upon the subject.
5. A motion made and seconded, shall be repeated, and if written, as it shall be when any member shall so require, read aloud by the Secretary, before it shall be debated; and may be withdrawn at any time, before the vote upon it shall have been declared.
6. Orders of the day shall be read next after the minutes, and either discussed or postponed, before any other business shall be introduced.
7. When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate shall be received.
8. A question which is complicated, shall, at the request of any member, be divided, and put separately on the propositions, of which it is compounded.
9. The determination of a question, although fully debated, shall be postponed, if the deputies of any State desire it until the next day.
10. A writing which contains any matter brought on to be considered, shall be read once throughout for information, then by paragraphs to be debated,
and again, with the amendments, if any, made on the second reading; and afterwards, the question shall be put on the whole, amended, or approved in its
original form, as the case shall be.
11. That Committees shall be appointed by ballot; and the members who have the greatest number of ballots, although not a majority of the votes present, shall be the Committee. When two or more members have an equal number of votes, the member standing first on the list in the order of taking down the ballots, shall be preferred.
12. A member may be called to order by any other member, as well as by the President; and may be allowed to explain his conduct or expressions supposed to be reprehensible. And all questions of order shall be decided by the President without appeal or debate.
13. Upon a question to adjourn for the day, which may be made at any time, if it be seconded, the question shall be put without a debate.
14. When the House shall adjourn, every member shall stand in his place, until the President pass him.
In a footnote reference on May 28, Madison reports that there was a debate between the Pennsylvania and Virginia delegates on whether to insist on a proportional system of voting at the Convention, or to retain, albeit temporarily, the principle of one state one vote as prevailed under the Confederation. The latter prevailed.
15. Voting at the Convention shall be one state one vote.
Madison and the Journal report that six additional rules were agreed to on May 29.
16. No member shall be absent from the House, so as to interrupt the representation of the State, without leave.
17. That Committees do not sit whilst the House shall be or ought to be, sitting.
18. That no copy be taken of any entry on the journal during the sitting of the House without leave of the House.
19. The members only are permitted to inspect the journal.
20. That nothing spoken in the House be printed, or otherwise published or communicated without leave.
_____________________
About Brian VandePolder...
I am a Christian (member of the Methodist Church); I am an American (21 years of combined U.S. Navy and Naval Reserve service); I am a family man (married for 40+ years); and I am a Republican (see next paragraph). Except for my time in the service, I have lived in Michigan all of my life. Raised in Kalamazoo, my work has taken me to Benton Harbor, Detroit and, finally, to Battle Creek, where I retired in 2008. I am a retired accountant with experience in public accounting (I am a registered CPA), manufacturing (mostly auto industry related) and finally communications. I have a Bachelors degree (in accounting) from Western Michigan University, and MBA (emphasis in accounting) from Baker College, and a Master of Science in Taxation, from Walsh College. Enough of the resume; now for the politics.
I was raised in a Republican home. My father, although working in a factory and a member of the union, was a Republican. He very seldom voted a straight Republican ticket. He voted based on the issues and the qualifications of the candidates. Even though he only went through the eighth grade, he was well read in political issues. My mother was raised in a staunch Republican activist home in Decatur. Even though she was a college graduate, she only voted for Republican candidates and issues; in non-partisan elections, she would find out who was the Republican candidate and cast her vote accordingly. I might add that her family dominated the Republican Leadership in Decatur for many decades. My political affiliation commenced in 1980, when Ronald Regan ran for
President.
Connie was the activist and got involved in the campaign, however, when she convinced me to volunteer for the phone bank, where I ended up supervising one daily shift throughout the campaign. The rest of my involvement in the Party, until we moved back to SW Michigan, was as a member of the Sergeant at Arms force for the 17th District, 11th District and the State Conventions. Our involvement, in Calhoun County, started in 2008 to support John McCain in his bid for President.
My research has been 100% online and from three sources: (1) http://www.usconstitution.net/(2) http://avalon.law.yale.edu/18th_century/ and (3) http://www.teachingamericanhistory.org/convention/. My research centered around the notes of: James Madison (primary source), Alexander Hamilton, Major William Pierce, Rufus King, Robert Yates, William Paterson, and James McHenry. Other documents read include: mini biographies of the 55 delegates and William Jackson (Secretary of the Convention), the Confederation Congress’ Charge in calling the convention, Rules of the Convention, Declaration of Independence, Articles of Confederation, the four plans introduced, all drafts of the Constitution, and other lesser documents from the above sources. The Ledger of the Constitutional Convention was not read as it is in three volumes of around a 1,000 pages in each volume. I will let the scholars tackle the ledger. In my re-enacting I have heard stories of meetings debates and cutting of deals, that took place outside of the Convention chambers, some of which are alleged to have been very nasty and may have been violent. There are no records of these and are not part of this research. However, knowing the temperament of the individuals and the stress of the times, I am inclined to believe these stories.
The charge to the Constitutional Convention, in the call to convention by the United States Congress in attendance (Confederation Congress) reads as follows:
“Resolved that the articles of Confederation ought to be so revised, corrected and enlarged, as to render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union (Madison’s Notes).” Four plans were presented. The New Jersey Plan and Pinckney’s Plan seemed to follow this charge; however, Hamilton’s British Plan and Randolph’s Virginia Plan went beyond the charge and proposed a whole new government. All four plans were initially voted down, however, as time went on, it became apparent that the Virginia Plan is the bases for our current Constitution, with bits and pieces of the other three plans, and bits and pieces of State Constitutions being incorporated. I always was led to believe that the U.S. Constitution was based on the Massachusetts Constitution; not so.
In reading the make-up of the Convention, it is a wonder that we have a Constitution, let alone, one that has lasted over two hundred years. The interests of the states were very diverse: small states, large states, industrial states, agricultural states, slave states and free states. If that was not enough of a problem, the diversity of the delegates also read like a recipe for disaster. All of the delegates were learned men, some with college and advanced degrees, however, most with home schooling by tutors or local private schools. Some of the delegates had military backgrounds, political experience (some both), teachers, businessmen, land owners (farmers), and lawyers. The delegations had monarchists, anarchists, believers in states rights, believers that the states should be eliminated, believers that the people should elect the national government, those that believed the states should elect the national government, some wanted a strong national government, others wanted a weak government, some wanted a whole new constitution and others felt that the forming of a new government would be illegal (based on the charge of the Confedertion Congress or the charge from their State Legislatures. It almost sounds like Congress today. The main difference is that there was no party system in place at the time.
The Constitutional Convention was scheduled to start May 14, 1787, but only eight delegates were present (less than seven states represented). On May 25, the convention convened, with twenty-nine delegates present (nine states represented). The only business conducted was the election of General George Washington as President and William Jackson as Secretary of the Convention, plus appointing a Rules Committee to establish the Convention Rules. Fifteen rules were adopted on May 28 with five more adopted on May 29. Three rules that I need to mention here are: (3) Every member, rising to speak, shall address the President; and whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet or paper, printed or manuscript—and of two members rising at the same time, the President shall name him who shall be first heard. (15) Voting at the Convention shall be one state one vote. And (20) That nothing spoken in the House be printed, or otherwise published or communicated without leave. The adopted rules are attached as an Appendix.
Of the thirteen recognized states (Vermont was considered a Territory) only Rhode Island was not represented at the Constitutional Convention and the New York delegation left after the session of July 5 because they believed the convention was exceeding their powers (Hamilton had left June 30, but returned September 6). The diversification, discussed earlier, was not only between the states, but was also within the delegations from the states. This can be proven by looking at the number of state votes counted as “divided”. Also, in the debates, the few delegates that did participate in the debates, many times found themselves speaking against members of their own delegation. By June 28, after the convention had been stalled for a period of 4-5 weeks, Franklin (not known to be a religious person) called for “prayers imploring the assistance of heaven” before the start of each session. By this point there was serious consideration of adjourning the convention and going home. The debates were heated, but respectful. There had been a number of reconsideration of items that had been passed or defeated and endless debate on the same issue without it coming to a vote. Some of the reconsiderations were based on later issues that may have an affect on the item being reconsidered. After Franklin’s speech (read by another delegate for Franklin), when the convention came to an impasse on an issue (section), the issue was tabled and they moved on to the next item.
Some issues were tabled more than once while others were resolved (usually in the affirmative) when debated again. Throughout the convention it seemed that the same 12 delegates were participating in the debates, with the remaining delegates casting their votes, but not otherwise participating. There were state delegations where not all of the delegates even showed up to the convention. Many delegates left during the convention, not to return. Some had legitimate reasons for leaving and many of them returned when able. Others left in protest of the document being prepared and a few left, like the New York delegation, because the felt that the convention had exceeded their powers. Some that left in protest did not believe that the Constitution would get past the Continental Congress, or if it did, would not be ratified by the state legislatures or the people.
On September 17, 1787 all but three of the delegates still in attendance signed the Constitution, Mr. Read signing for Mr. Dickinson, who could not be in attendance on that date. The Constitution was sent to the Confederation Congress with a cover letter requesting that it be sent to the 13 states for ratification. Because the Constitution was proposing a different government, the Congress could not take action to approve it, and complied with the Convention’s request and sent the Constitution to the separate states for ratification. The three delegates that did not sign the Constitution spoke in favor of it at their State’s Ratification Conventions. Only three or four of the delegates that left the Constitutional Convention in protest spoke against the Constitution, with many of the other protesting delegates, also being delegates at their State Conventions voted for its ratification.
The most contentious items in the Constitution were: creation of two houses in Congress, make of up the executive, states rights, and slavery. These items were resolved last, by compromise. The Senate was created to put the minority (small) states on an even keel with the larger states. The Executive has the right of veto, with the advice of his cabinet, over legislation passed by Congress, but Congress has power to override the veto. Also, the executive is elected, not by the people, but by an electoral college, with the Congress (with each state having one vote) in case there is no majority vote by the“college”. The import of slaves was abolished in the year 1808, however, slavery was not abolished. The Constitution guarantees a republican form of government to the states and the right to pass laws that are not expressly given to the National Government or prohibited by the Constitution. None of the delegates were completely satisfied with the final document, but the majority believed that is was the best that anyone could put together. It was meant to be a living document, one that could be changed as times and circumstances changed.
Most of the delegates to the Constitutional Convention were patriots, having served in the military or in the Continental Congress or both. One delegate was an Irish immigrant that came to the United States after the end of the Revolutionary War. Some were sitting members of the Confederation Congress. The confederation of the states was two-fold: (1) to give the 13 states an economic power to compete with the European countries and (2) and to protect the United States from foreign invasion. The Articles of Confederation did not give the Confederation Congress enough power over the states to get the funding and cooperation needed to accomplish these purposes. At the outset of the convention many delegates believed that amending the Articles would not accomplish the task. They sought to form a strong central government that gave the people more of a voice in their government and be able to enforce the needed laws to accomplish the national economic and military requirements. All of the delegates felt that a republican form of government would be preferred, however, history demonstrated that the republics were short lived, and usually disintegrated from within, not from outside forces. The most contentious debates were over how much power was to be given to the congress, executive and judiciary, and what role would the states play in the new government. There were a number of delegates that wanted to be sure the individual rights would be guaranteed before the convention ended. All agreed that a bill of rights was necessary, but the majority felt it should be addressed in another convention.
Throughout the convention, individual rights were brought up. Although a bill of rights did not come out of the Constitutional Convention, the debates that took place strongly reflects that any bill of rights would be the rights of the individual.The three delegates that refused to sign the Constitution approved of the Constitution, but, would not sign because of the lack of a bill of individual rights.
What struck me was the respect that the delegates showed for each other, especially after knowing the differences of opinion and how strongly they felt about their positions. This is even reflected in the few letters that have been published, from some of the delegates to friends and relatives (the rule of secrecy was one rule that was not observed by some delegates). A trait that is lost today. Freedom of speech does not mean freedom to be disrespectful to others.
PS: It has been a number of days since I wrote this “article”. Since then I have seen some postings on the Web, and have gone to a couple of programs, where items have been quoted as being from the US Constitution, but, are actually in the Declaration of Independence. The Declaration of Independence is NOT the law of the land; however, it is a good indication of the mood and beliefs of our fore fathers, and most Americans today. It is probably the second most important document to Americans, second only to the Constitution. Another very important document, that still has bearing to us now, is the North West Ordinance of 787, passed by the Confederation Congress on July 13, 1797. This ordinance is still in effect and governs our territories, as well as the States that came into the Union after the original 13 United States. Another statement error, that I heard just recently, was that the Articles of Confederation were adopted in 1777. The fact is, they were written in 1777 and were the unofficial rules for the 2nd Continental Congress, but they were not ratified until 1781, when the last of the original 13 Colonies voted them into law. According to the Articles of Confederation, they could not become law or be amended until there was 100% agreement of the Continental and Congress and the original 13 Colonies. After the signing of the Declaration of Independence, our forefathers considered us as independent states, united (the United States of America), however we were still looked upon, by the outside world, as colonies of Great Britain. It wasn’t until the forming of a new government, under the Articles of Confederation, that we started getting recognition as an independent country. The Treaty of Paris, in 1783 made it official, and the North West Ordinance of 1787 gave us credibility. The Bill of Rights, ratified in 1791, cemented our union, but we still had one more obstacle to overcome, before we would be respected by the world powers – the War of 1812.
A final note on the Constitution and the North West Ordinance; The North West Ordinance was passed, by the Confederation Congress, while the Constitutional Convention was in session. Many of the delegates to the Convention were also representatives in the Congress. Even though was a rule of secrecy, there are many similarities in the Ordinance, that were originally adopted in the early days of the Convention (though they did not survive to the final draft). There are also clauses in the Ordinance, that were not discussed until the later stages of the Convention. It is my belief that both documents were influenced by each other. I have heard the Ordinance referred to as the Constitution for the US Territories. As stated earlier, the North West Ordinance of 1787 is still and active law, which governs the US Territories, even today.
Rules of the Constitutional Convention of 1787
Convention Procedures
The rules of procedure agreed to by the delegates at the Constitutional Convention are outlined in James Madison's Notes on May 28 and 29, and William Jackson's Journal for the same days. They form the pillars that support the four-month conversation.
Madison's Notes, on May 27 indicate that a Committee For Preparing Rules consisting of Wythe, Hamilton, and C. Pinckney, was created. On May 28, Madison and Jackson note that the Committee reported following standing rules:
1. A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.
2. Immediately after the President shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the
Secretary.
3. Every member, rising to speak, shall address the President; and whilst he shall be speaking, none shall pass between them, or hold discourse with another, or read a book, pamphlet or paper, printed or manuscript—and of two members rising at the same time, the President shall name him who shall be
first heard.
4. A member shall not speak oftener than twice, without special leave, upon the same question; and not the second time, before every other, who had been silent, shall have been heard, if he choose to speak upon the subject.
5. A motion made and seconded, shall be repeated, and if written, as it shall be when any member shall so require, read aloud by the Secretary, before it shall be debated; and may be withdrawn at any time, before the vote upon it shall have been declared.
6. Orders of the day shall be read next after the minutes, and either discussed or postponed, before any other business shall be introduced.
7. When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate shall be received.
8. A question which is complicated, shall, at the request of any member, be divided, and put separately on the propositions, of which it is compounded.
9. The determination of a question, although fully debated, shall be postponed, if the deputies of any State desire it until the next day.
10. A writing which contains any matter brought on to be considered, shall be read once throughout for information, then by paragraphs to be debated,
and again, with the amendments, if any, made on the second reading; and afterwards, the question shall be put on the whole, amended, or approved in its
original form, as the case shall be.
11. That Committees shall be appointed by ballot; and the members who have the greatest number of ballots, although not a majority of the votes present, shall be the Committee. When two or more members have an equal number of votes, the member standing first on the list in the order of taking down the ballots, shall be preferred.
12. A member may be called to order by any other member, as well as by the President; and may be allowed to explain his conduct or expressions supposed to be reprehensible. And all questions of order shall be decided by the President without appeal or debate.
13. Upon a question to adjourn for the day, which may be made at any time, if it be seconded, the question shall be put without a debate.
14. When the House shall adjourn, every member shall stand in his place, until the President pass him.
In a footnote reference on May 28, Madison reports that there was a debate between the Pennsylvania and Virginia delegates on whether to insist on a proportional system of voting at the Convention, or to retain, albeit temporarily, the principle of one state one vote as prevailed under the Confederation. The latter prevailed.
15. Voting at the Convention shall be one state one vote.
Madison and the Journal report that six additional rules were agreed to on May 29.
16. No member shall be absent from the House, so as to interrupt the representation of the State, without leave.
17. That Committees do not sit whilst the House shall be or ought to be, sitting.
18. That no copy be taken of any entry on the journal during the sitting of the House without leave of the House.
19. The members only are permitted to inspect the journal.
20. That nothing spoken in the House be printed, or otherwise published or communicated without leave.
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About Brian VandePolder...
I am a Christian (member of the Methodist Church); I am an American (21 years of combined U.S. Navy and Naval Reserve service); I am a family man (married for 40+ years); and I am a Republican (see next paragraph). Except for my time in the service, I have lived in Michigan all of my life. Raised in Kalamazoo, my work has taken me to Benton Harbor, Detroit and, finally, to Battle Creek, where I retired in 2008. I am a retired accountant with experience in public accounting (I am a registered CPA), manufacturing (mostly auto industry related) and finally communications. I have a Bachelors degree (in accounting) from Western Michigan University, and MBA (emphasis in accounting) from Baker College, and a Master of Science in Taxation, from Walsh College. Enough of the resume; now for the politics.
I was raised in a Republican home. My father, although working in a factory and a member of the union, was a Republican. He very seldom voted a straight Republican ticket. He voted based on the issues and the qualifications of the candidates. Even though he only went through the eighth grade, he was well read in political issues. My mother was raised in a staunch Republican activist home in Decatur. Even though she was a college graduate, she only voted for Republican candidates and issues; in non-partisan elections, she would find out who was the Republican candidate and cast her vote accordingly. I might add that her family dominated the Republican Leadership in Decatur for many decades. My political affiliation commenced in 1980, when Ronald Regan ran for
President.
Connie was the activist and got involved in the campaign, however, when she convinced me to volunteer for the phone bank, where I ended up supervising one daily shift throughout the campaign. The rest of my involvement in the Party, until we moved back to SW Michigan, was as a member of the Sergeant at Arms force for the 17th District, 11th District and the State Conventions. Our involvement, in Calhoun County, started in 2008 to support John McCain in his bid for President.
Who is John Galt?
