"For several years efforts were made by some of our wisest and best patriots to procure an enlargement of the powers of the continental congress, but from the predominance of state jealousies, and the supposed incompatibility of state interests with each other, they all failed. At length, however, it became apparent, that the confederation, being left without resources and without powers, must soon expire of its own debility. It had not only lost all vigor, but it had ceased even to be respected. It had approached the last stages of its decline; and the only question which remained was whether it should be left to a silent dissolution, or an attempt should be made to form a more efficient government before the great interests of the Union were buried beneath its ruins." [Footnote: Story]

Preliminary Movements.—In 1785 a resolution was passed by the legislature of Massachusetts declaring the articles of confederation inadequate, and suggesting a convention of delegates from all the states to amend them. No action, however, was taken. In the same year commissioners from Virginia and Maryland met at Alexandria, Va., to arrange differences relative to the navigation of the Potomac, the Roanoke, and Chesapeake Bay. The deliberations showed the necessity of having other states participate in the arrangement of a compact. In 1786 the legislature of Virginia appointed commissioners "to meet such as might be appointed by the other states of the Union, … to take into consideration the trade of the United States." Only four states accepted the invitation. Commissioners from the five states met at Annapolis, and framed a report advising that the states appoint commissioners "to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union." [Footnote: Elliot's Debates] In accordance with this suggestion, congress passed a resolution, February 21, 1787, recommending that a convention of delegates, "who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation." [Footnote: Elliott's Debates]

The Constitutional Convention.—In response to the call of congress,
delegates from all the states except Rhode Island met in Philadelphia. By
May 25, a quorum had assembled, the convention organized, with George
Washington as chairman, and began its momentous work.

It was soon discovered that it would be useless to attempt to amend the articles of confederation. They were radically defective, and a new plan of government was seen to be necessary. The national idea must be re-established as the basis of the political organization.

"It was objected by some members that they had no power, no authority, to construct a new government. They certainly had no authority, if their decisions were to be final; and no authority whatever, under the articles of confederation, to adopt the course they did. But they knew that their labors were only to be suggestions; and that they as well as any private individuals, and any private individuals as well as they, had a right to propose a plan of government to the people for their adoption…. The people, by their expressed will, transformed this suggestion, this proposal, into an organic law, and the people might have done the same with a constitution submitted to them by a single citizen." [Pomeroy's Constitutional Law, p. 55]

The labors of the convention lasted four months. The constitution was agreed to September 15, 1787.

Some of the difficulties encountered.—Of these perhaps the most formidable was the adjustment of power so as to satisfy both the large and the small states. So long as the idea of having the congress consist of one house remained, this difficulty seemed insurmountable. But the proposal of the bicameral congress proved a happy solution of the question. [Footnote: See discussion of section 1, Article I., Constitution, page 124.]

Although so much distress had followed state regulation of commerce, and although most of the delegates from the commercial states were in favor of vesting this power in the federal government, it was only after much deliberation, and after making the concession that no export duties should be levied, that the power to regulate commerce was vested in congress.

Another perplexing question was the regulation of the slave trade. For two days there was a stormy debate on this question. By a compromise congress was forbidden to prohibit the importation of slaves prior to 1808, but the imposition of a tax of ten dollars a head was permitted.

The men who constituted the convention.—The convention included such men as George Washington, Alexander Hamilton, Benjamin Franklin, James Madison, Roger Sherman, Gouverneur Morris, Edmund Randolph, and the Pinckneys. "Of the destructive element, that which can point out defects but cannot remedy them, which is eager to tear down but inapt to build up, it would be difficult to name a representative in the convention." [Footnote: Cyclopedia of Political Science, vol. I., article "Compromises."]

The constitution a growth.—The constitution was not an entirely new invention. The men who prepared it were wise enough not to theorize very much, but rather to avail themselves of the experience of the ages. Almost every state furnished some feature. For instance: The title President had been used in Pennsylvania, New Hampshire, Delaware, and South Carolina; The term Senate had been used in eight states; the appointment and confirmation of judicial officers had been practiced in all the states; the practice of New York suggested the president's message, and that of Massachusetts his veto; each power of the president had its analogy in some state; the office of vice-president came from that of lieutenant governor in several of the states.

Some of its peculiarities.—And yet the instrument is one of the most remarkable ever penned by man.

1. It is short. It would not occupy more than about two columns of a newspaper.

2. It covers the right ground. It deals with things permanent, and leaves transient matters to legislation. Its adaptation to our needs is seen in the fact that it has remained substantially unchanged, although in territory and population our country has grown immensely.

3. It is a model in arrangement and language. The lucidity and perspicuity of the language of the constitution have called forth expressions of admiration from all who have studied it carefully.

Probably its master-stroke is the creation of the national judiciary.

Let us now proceed to a study of the instrument itself, prepared to weigh carefully every sentence.

Some Pertinent Questions.

Group all the defects of the government under the articles of confederation using these two heads: 1. Defects in organization. 2. Defects in essential powers.

In the constitutional convention there were several "plans" proposing forms of government. State the provisions of the Virginia plan; of the New Jersey plan; of the Hamilton plan; the Connecticut plan. Watch for traces of each as you proceed in your study of the constitution.

Memorize the following outline of the constitution:

GENERAL OUTLINE OF THE CONSTITUTION.

PREAMBLE, giving reasons for the formation of the constitution.

ARTICLE I.—The Legislative Department.

Sec. 1. Vestment of power in a congress of two houses.

Sec. 2. House of representatives: apportionment, qualifications, election, term, sole powers.

Sec. 3. Senate: apportionment, qualifications, election, term, sole powers.

Sec. 4. Congress: time and place of election, time of meeting.

Sec. 5. Houses respectively: relations to members.

Sec. 6. Provisions common: privileges and disabilities.

Sec. 7. Mode of passing laws.

Sec. 8. Powers of congress.

Sec. 9. Prohibitions on congress.

Sec. 10. Prohibitions on the states.

ARTICLE II.—The Executive Department.

Sec. 1. Vestment of power, term, qualifications, election, etc.

Sec. 2. Powers.

Sec. 3. Duties.

Sec. 4. Responsibility.

ARTICLE III.—The Judicial Department.

Sec. 1. Vestment of authority, appointment, term, etc.

Sec. 2. Jurisdiction.

Sec. 3. Treason, definition, procedure.

ARTICLE IV.—The States.

Sec. 1. Mutual credit of official papers.

Sec. 2. Inter-state relations.

Sec. 3. New states and territories.

Sec. 4. Republican form of government guaranteed.

ARTICLE V.—Mode of Amending the Constitution

ARTICLE VI.—Miscellaneous

ARTICLE VII.—Ratification

AMENDMENTS.

1-10. Personal rights guaranteed.

11. Limitation on Jurisdiction of U.S. Courts.

12. Mode of electing the president and vice-president.

13-15. Fruits of the Civil War.

[Illustration: PRINCIPAL STORY (For Key see back of page.)]

[Illustration: THE PRINCIPAL STORY OF THE CAPITOL.]