3.3: The Constitutional Convention

In the summer of 1787, 12 states — all but Rhode Island — sent delegates to Philadelphia to revise the Articles of Confederation. Today, this meeting is known as the Constitutional Convention, although at the time it was not referred to as such. The official purpose of the convention was revision, but even before it began many delegates had already concluded that the Articles were hopelessly flawed and that the only solution was to craft an entirely new constitution from scratch.

Not all of the 55 delegates who gathered in Philadelphia’s Independence Hall shared this view. Some were concerned that a stronger national government would threaten their prized liberties. Virginia delegate Patrick Henry, who had famously proclaimed “Give me liberty or give me death!” in a fiery speech prior to the Revolutionary War, refused to attend the convention at all, claiming that he “smelt a rat” in Philadelphia. Others, including New York’s John Lansing and Robert Yates, left early when they realized that the government outlined in the new constitution would be much stronger than the one established by the Articles.

For more than three months, the Constitutional Convention brainstormed and debated how to design a government strong enough to bind the Union together but limited enough to prevent tyranny. George Washington was elected president of the convention but did not make many speeches, preferring to act as an impartial moderator. Some delegates arrived late or left early, either to attend to personal matters or in protest against the convention’s activities. Independence Hall was hot and stuffy in the Philadelphia summer, but all of the windows stayed closed with the curtains drawn so that the delegates could speak freely without fear of being overheard by passersby.

In the end, 39 of the 55 delegates affixed their signatures to the new constitution. Not everyone was satisfied with the result: Virginia delegate George Mason, claimed he would rather chop off his right hand than use it to sign the document. Benjamin Franklin did sign, reasoning that, while he disliked some aspects of the new constitution, he might grow to like them in the future, and that even if he didn’t the new design was still a major improvement on the Articles.