Reference and Primer to The Lost Democracy

Part 3 : The Birth of a Nation

Patrick W. Allen

About The Author Patrick Allen is a political strategist and lives near Washington, DC patrickwilliamallen@comcast.net

References are itemized at the end of this document. Some material contained in this document has been assembled from the public domain.

Table of Contents

Prologue......................................................................................................1 The Declaration of Independence ................................................................2 The Revolutionary War................................................................................8 The United States Constitution ..................................................................16 Epilogue ....................................................................................................24

Prologue
Relations between the colonies and King George IIIs Great Britain had been deteriorating since the end of the Seven Years' War in 1763. _____________________________ Early in 1775, the British Army consisted of about 36,000 men worldwide. It was at this moment in time, if the separatists, partisan colonists were to achieve their objective of independence from Great Britain, they held a numerical advantage which was not strategically or tactically exploited. Over the course of the war, Great Britain signed treaties with various German states, which supplied about 30,000 soldiers. Germans made up about one-third of the British troop strength in North America. German soldiers became known as "Hessians" to the Americans. Revolutionary speakers called German soldiers "foreign mercenaries," and they are scorned as such in the Declaration of Independence.

The Declaration of Independence

Background
By the time the Declaration of Independence was adopted in July 1776, the Thirteen Colonies and Great Britain had been at war for more than a year. Relations between the colonies and the mother country had been deteriorating since the end of the Seven Years' War in 1763. The war had plunged the British government deep into debt, and so Parliament enacted a series of measures to increase tax revenue from the colonies. Parliament believed that these acts, such as the Stamp Act of 1765 and the Townshend Acts of 1767 were a legitimate means of having the colonies pay their fair share of the costs to keep the colonies in the British Empire. Many colonists, however, had developed a different conception of the empire. Because the colonies were not directly represented in Parliament, colonists argued that Parliament had no right to levy taxes upon them. This tax dispute was part of a larger divergence between British and American interpretations of the British Constitution and the extent of Parliament's authority in the colonies. The orthodox British view, dating from the Glorious Revolution of 1688, was that Parliament was the supreme authority throughout the empire, and so by definition anything Parliament did was constitutional. In the colonies, however, the idea had developed that the British Constitution recognized certain fundamental rights that no governmentnot even Parliament could violate.

After the Townshend Acts, some essayists even began to question whether Parliament had any legitimate jurisdiction in the colonies at all. Anticipating the arrangement of the British Commonwealth, by 1774 American writers such as Samuel Adams, James Wilson, and Thomas Jefferson were arguing that Parliament was the legislature of Great Britain only, and that the colonies, which had their own legislatures, were connected to the rest of the empire only through their allegiance to the Crown.

Congress Convenes
The issue of Parliament's authority in the colonies became a crisis after Parliament passed the Coercive Acts in 1774 to punish the Province of Massachusetts for the Boston Tea Party of 1773. Many colonists saw the Coercive Acts as a violation of the British Constitution and thus a threat to the liberties of all of British America. In September 1774, the First Continental Congress convened in Philadelphia to coordinate a response. Congress organized a boycott of British goods and petitioned the king for repeal of the acts. These measures were unsuccessful because King George III and the ministry of Prime Minister Lord North were determined not to retreat on the question of parliamentary supremacy. As the king wrote to North in November 1774, "blows must decide whether they are to be subject to this country or independent". Even after fighting in the American Revolutionary War began at Lexington and Concord in April 1775, most colonists still hoped for reconciliation with Great Britain. When the Second Continental Congress convened at the Pennsylvania State House in Philadelphia in May 1775, some delegates hoped for eventual independence, but no one yet advocated declaring it. Although many colonists no longer believed that Parliament had any sovereignty over them, they still professed loyalty to King George III, who they hoped would intercede on their behalf. They were to be disappointed: in late 1775, the king rejected Congress's second petition, issued a Proclamation of Rebellion, and announced before Parliament on October 26 that he was considering "friendly offers of foreign assistance" to suppress the rebellion. A proAmerican minority in Parliament warned that the government was driving the colonists toward independence.

Toward Independence
In January 1776, just as it became clear in the colonies that the king was not inclined to act as a conciliator, Thomas Paine's pamphlet Common Sense was published. Paine, who had only recently arrived in the colonies from England, argued in favor of colonial independence, advocating republicanism as an alternative to monarchy and hereditary rule. Common Sense introduced no new ideas, and probably had little direct effect on Congress's thinking about independence; its importance was in stimulating public debate on a topic that few had previously dared to openly discuss. Public support for separation from Great Britain steadily increased after the publication of Paine's enormously popular pamphlet. Although some colonists still held out hope for reconciliation, developments in early 1776 further strengthened public support for independence. In February 1776, colonists learned of Parliament's passage of the Prohibitory Act, which established a blockade of American ports and declared American ships to be enemy vessels. John Adams, a strong supporter of independence, believed that Parliament had effectively declared American independence before Congress had been able to. Adams labeled the Prohibitory Act the "Act of Independency", calling it "a complete Dismemberment of the British Empire". Support for declaring independence grew even more when it was confirmed that King George III had hired German mercenaries to use against his American subjects. Despite this growing popular support for independence, Congress lacked the clear authority to declare it. Delegates had been elected to Congress by thirteen different governmentswhich included extralegal conventions, ad hoc committees, and elected assembliesand were bound by the instructions given to them. Regardless of their personal opinions, delegates could not vote to declare independence unless their instructions permitted such an action. Several colonies, in fact, expressly prohibited their delegates from taking any steps towards separation from Great Britain, while other delegations had instructions that were ambiguous on the issue. As public sentiment for separation from Great Britain grew, advocates of independence sought to have the Congressional instructions revised. For Congress to declare independence, a majority of delegations would need authorization to vote for independence, and at least one colonial government would need to specifically instruct (or grant permission for) its delegation to propose a declaration of independence in Congress. Between April and July 1776, a "complex political war" was waged to bring this about. 4

Draft & Adoption

While political maneuvering was setting the stage for an official declaration of independence, a document explaining the decision was being written. On June 11, 1776, Congress appointed a "Committee of Five", consisting of John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger Sherman of Connecticut, to draft a declaration. Because the committee left no minutes, there is some uncertainty about how the drafting process proceeded accounts written many years later by Jefferson and Adams, although frequently cited, are contradictory and not entirely reliable. What is certain is that the committee, after discussing the general outline that the document should follow, decided that Jefferson would write the first draft. The committee in general, and Jefferson in particular, thought Adams should write the document, but Adams persuaded the committee to choose Jefferson and promised to consult with Jefferson personally. Considering Congress's busy schedule, Jefferson probably had limited time for writing over the next seventeen days, and likely wrote the draft quickly. He then consulted the others, made some changes, and then produced another copy incorporating these alterations. The committee presented this copy to the Congress on June 28, 1776. The title of the document was "A Declaration by the Representatives of the United States of America, in General Congress assembled." Congress ordered that the draft "lie on the table". For two days Congress methodically edited Jefferson's primary document, shortening it by a fourth, removing unnecessary wording, and improving sentence structure. Congress removed Jefferson's assertion that Britain had forced slavery on the colonies, in order to moderate the document and appease persons in Britain who supported the Revolution. Although Jefferson wrote that Congress had "mangled" his draft version, the Declaration that was finally produced, according to his biographer John Ferling, was "the majestic document that inspired both contemporaries and posterity." On Monday, July 1, having tabled the draft of the declaration, Congress resolved itself into a committee of the whole, with Benjamin Harrison of Virginia presiding, and resumed debate on Lee's resolution of independence. John Dickinson made one last effort to delay the decision, arguing that Congress should not declare independence without first securing a foreign alliance and finalizing the Articles of Confederation. John Adams gave a speech in reply to Dickinson, restating the case for an immediate declaration. 5

After a long day of speeches, a vote was taken. As always, each colony cast a single vote; the delegation for each colonynumbering two to seven membersvoted amongst themselves to determine the colony's vote. Pennsylvania and South Carolina voted against declaring independence. The New York delegation, lacking permission to vote for independence, abstained. Delaware cast no vote because the delegation was split between Thomas McKean (voted yes) and George Read (voted no). The remaining nine delegations voted in favor of independence, which meant that the resolution had been approved by the committee of the whole. The next step was for the resolution to be voted upon by the Congress itself. Edward Rutledge of South Carolina, who was opposed to Lee's resolution but desirous of unanimity, moved that the vote be postponed until the following day. On July 2, South Carolina reversed its position and voted for independence. In the Pennsylvania delegation, Dickinson and Robert Morris abstained, allowing the delegation to vote three-to-two in favor of independence. The tie in the Delaware delegation was broken by the timely arrival of Caesar Rodney, who voted for independence. The New York delegation abstained once again, since they were still not authorized to vote for independence, although they would be allowed to do so by the New York Provincial Congress a week later. The resolution of independence had been adopted with twelve affirmative votes and one abstention. With this, the colonies had officially severed political ties with Great Britain. In a now-famous letter written to his wife on the following day, John Adams predicted that July 2 would become a great American holiday. Adams thought that the vote for independence would be commemorated; he did not foresee that Americansincluding himselfwould instead celebrate Independence Day on the date that the announcement of that act was finalized. After voting in favor of the resolution of independence, Congress turned its attention to the committee's draft of the declaration. Over several days of debate, Congress made a few changes in wording and deleted nearly a fourth of the text, most notably a passage critical of the slave trade, changes that Jefferson resented. On July 4, 1776, the wording of the Declaration of Independence was approved and sent to the printer for publication.

Annotated Text of the Declaration

The declaration is not divided into formal sections; but it is often discussed as consisting of five parts: Introduction, the Preamble, the Indictment of George III, the Denunciation of the British people, and the Conclusion.

The Revolutionary War

Overview
The American War of Independence, or simply the Revolutionary War in the United States, began as a war between Great Britain and the Thirteen Colonies, but gradually grew into a world war between Britain on one side and the newly formed United States, France, Netherlands and Spain on the other. American independence was achieved and European powers recognized the independence of the United States, with mixed results for the other nations involved. France, Spain and the Dutch Republic all secretly provided supplies, ammunition and weapons to the revolutionaries starting early in 1776. By June 1776 the Americans were in full control of every state, but then the British Royal Navy captured New York City and made it their main base. The war became a standoff. The Royal Navy could occupy other coastal cities for brief periods, but the rebels controlled the countryside, where 90 percent of the population lived. British strategy relied on mobilizing Loyalist militia and was never fully realized. A British invasion from Canada in 1777 ended in the capture of the British army at the Battles of Saratoga. That American victory persuaded France to enter the war openly in early 1778, balancing the two sides' military strength. Spain and the Dutch RepublicFrench alliesalso went to war with Britain over the next four years, threatening an invasion of Great Britain and severely testing British military strength with campaigns in Europe, Asia, and the Caribbean. Spain's involvement resulted in the expulsion of British armies from West Florida,

securing the American southern flank. The British naval victory at the Battle of the Saintes thwarted a French and Spanish plan to drive Britain out of the Caribbean and preparations for a second attempt were halted by the declaration of peace. A long Franco-Spanish siege of the British stronghold at Gibraltar also resulted in defeat. French involvement proved decisive yet expensive, ruining France's economy and driving the country into massive debt. A French naval victory just outside Chesapeake Bay led to a siege by combined French and Continental armies that forced a second British army to surrender at Yorktown, Virginia in 1781. Fighting continued during 1782, when peace negotiations began. In 1783, the Treaty of Paris ended the war and recognized the sovereignty of the United States over the territory bounded roughly by what is now Canada to the north, Florida to the south, and the Mississippi River to the west. A wider international peace was agreed, in which several territories were exchanged.

Causes
The war was the result of the political American Revolution. The British Parliament insisted it had the right to tax colonists to finance the colonies' military defense, which had become increasingly expensive due to the French and Indian Wars. The colonies argued that they already spent much through local government to maintain their place in the British Empire, with Benjamin Franklin appearing before the British Parliament testifying "The Colonies raised, clothed, and paid, during the last war, near twenty-five thousand men, and spent many millions." The colonists claimed that, as they were British subjects, imposing laws in Parliament upon the colonists, and particularly taxation without representation, was illegal. The American colonists formed a unifying Continental Congress and a shadow government in each colony, though at first wishing to remain in the Empire and loyal to the Crown. The American boycott of taxed British tea led to the Boston Tea Party in 1773, when shiploads of tea were destroyed. Great Britain responded by ending self-government in Massachusetts and putting it under control of the British army with General Thomas Gage as governor. In April 1775 Gage learned that weapons were being gathered in Concord, and he sent British troops to seize and destroy them. Local militia confronted the troops and exchanged fire (see Battles of Lexington and Concord). 9

After repeated pleas to the British monarchy for intervention with Parliament, any chance of a compromise ended when members of Congress were declared traitors by royal decree, and they responded by declaring the independence of a new sovereign nation, the United States of America, on July 4, 1776. American Loyalists rejected the Declaration, and sided with King George III; they were excluded from power everywhere. American attempts to expand the rebellion into Quebec and Florida were unsuccessful.

American Armies & Militias

When the war began, the 13 colonies lacked a professional army or navy. Each colony sponsored local militia. Militiamen were lightly armed, had little training, and usually did not have uniforms. Their units served for only a few weeks or months at a time, were reluctant to travel far from home and thus were unavailable for extended operations, and lacked the training and discipline of soldiers with more experience. If properly used, however, their numbers could help the Continental armies overwhelm smaller British forces, as at the battles of Concord, Bennington and Saratoga, and the siege of Boston. Both sides used partisan warfare but the Americans effectively suppressed Loyalist activity when British regulars were not in the area. Seeking to coordinate military efforts, the Continental Congress established (on paper) a regular army on June 14, 1775, and appointed George Washington as commander-in-chief. The development of the Continental Army was always a work in progress, and Washington used both his regulars and state militia throughout the war. The United States Marine Corps traces its institutional roots to the Continental Marines of the war, formed at Tun Tavern in Philadelphia, by a resolution of the Continental Congress on November 10, 1775, a date regarded and celebrated as the birthday of the Marine Corps. At the beginning of 1776, Washington's army had 20,000 men, with twothirds enlisted in the Continental Army and the other third in the various 10

state militias. At the end of the American Revolution in 1783, both the Continental Navy and Continental Marines were disbanded. The Marines would resurface in 1805 at the battle of Tripoli (modern day Libya). About 250,000 men served as regulars or as militiamen for the Revolutionary cause in the eight years of the war, but there were never more than 90,000 men under arms at one time. Armies were small by European standards of the era, largely attributable to limitations such as lack of powder and other logistical capabilities on the American side. It was also difficult for Great Britain to transport troops across the Atlantic and they depended on local supplies that the Patriots tried to cut off. By comparison, Frederick the Great usually commanded from 23,000 to 50,000 in battle. Both figures pale in comparison to the armies that would be fielded in the early 19th century, where troop formations approached or exceeded 100,000 men.

Loyalists
Historians have estimated that approximately 40 to 45 percent of the colonists supported the rebellion, while 15 to 20 percent remained loyal to the Crown. The rest attempted to remain neutral and kept a low profile. At least 25,000 Loyalists fought on the side of the British. Thousands served in the Royal Navy. On land, Loyalist forces fought alongside the British in most battles in North America. Many Loyalists fought in partisan units, especially in the Southern theater. The British military met with many difficulties in maximizing the use of Loyalist factions. British historian Jeremy Black wrote, "In the American war it was clear to both royal generals and revolutionaries that organized and significant Loyalist activity would require the presence of British forces." In the South, the use of Loyalists presented the British with "major problems of strategic choice" since while it was necessary to widely disperse troops in order to defend Loyalist areas, it was also recognized that there was a need for "the maintenance of large concentrated forces able" to counter major attacks from the American forces. In addition, the British were forced to ensure that their military actions would not "offend Loyalist opinion", eliminating such options as attempting to "live off the country", destroying property for intimidation purposes, or coercing payments from colonists ("laying them under contribution"). 11

British Armies & Auxiliaries

Early in 1775, the British Army consisted of about 36,000 men worldwide, but wartime recruitment steadily increased this number. Great Britain had a difficult time appointing general officers, however. General Thomas Gage, in command of British forces in North America when the rebellion started, was criticized for being too lenient (perhaps influenced by his American wife). General Jeffrey Amherst, 1st Baron Amherst turned down an appointment as commander in chief due to an unwillingness to take sides in the conflict. Similarly, Admiral Augustus Keppel turned down a command, saying "I cannot draw the sword in such a cause." The Earl of Effingham publicly resigned his commission when his 22nd Regiment of foot was posted to America, and William Howe and John Burgoyne were members of parliament who opposed military solutions to the American rebellion. Howe and Henry Clinton stated that they were unwilling participants in the war and were only following orders. Over the course of the war, Great Britain signed treaties with various German states, which supplied about 30,000 soldiers. Germans made up about one-third of the British troop strength in North America. The Landgraviate of Hesse-Kassel contributed more soldiers than any other state, and German soldiers became known as "Hessians" to the Americans. Revolutionary speakers called German soldiers "foreign mercenaries," and they are scorned as such in the Declaration of Independence. By 1779, the number of British and German troops stationed in North America was over 60,000, although these were spread from Canada to Florida. Initially, several German principalities offered military support to Great Britain but these offers were rejected. However, as the war dragged on it became clear that Great Britain would need the extra manpower of the German states and led to Great Britain seeking support from German principalities such as HesseKassel and Ansbach-Bayreuth. The Secretary of State at War Lord Barrington and the Adjutant-General Edward Harvey were both strongly opposed to outright war on land. In 1766 Barrington had recommended withdrawing the army from the 13 Colonies to Canada, Nova Scotia and Florida. At the beginning of the war he urged a naval blockade, which would quickly damage the colonists' trading activities.

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Black Americans
African Americansslave and freeserved on both sides during the war. The British recruited slaves belonging to Patriot masters and promised freedom to those who served by act of Lord Dunmore's Proclamation. Because of manpower shortages, George Washington lifted the ban on black enlistment in the Continental Army in January 1776. Small all-black units were formed in Rhode Island and Massachusetts; many slaves were promised freedom for serving. (Some of the men promised freedom were sent back to their masters, after the war was over, out of political convenience. George Washington received and ignored letters from the re-enslaved soldiers.) Another all-black unit came from Haiti with French forces. At least 5,000 black soldiers fought for the Revolutionary cause. Tens of thousands of slaves escaped during the war and joined British lines; others simply moved off into the chaos. For instance, in South Carolina, nearly 25,000 slaves (30% of the enslaved population) fled, migrated or died during the disruption of the war. This greatly disrupted plantation production during and after the war. When they withdrew their forces from Savannah and Charleston, the British also evacuated 10,000 slaves belonging to Loyalists. Altogether, the British evacuated nearly 20,000 blacks at the end of the war. More than 3,000 of them were freedmen and most of these were resettled in Nova Scotia; other blacks were sold in the West Indies.

Native Americans
Most Native Americans east of the Mississippi River were affected by the war, and many communities were divided over the question of how to respond to the conflict. Though a few tribes were on friendly terms with the Americans, most Native Americans opposed the United States as a potential threat to their territory. Approximately 13,000 Native Americans fought on the British side, with the largest group coming from the Iroquois tribes, who fielded around 1,500 men. The powerful Iroquois Confederacy was shattered as a result of the conflict; although the Confederacy did not take sides, the Seneca, Onondaga, and Cayuga nations sided with the British. Members of the Mohawk fought on both sides. Many Tuscarora and Oneida sided with the colonists. The Continental Army sent the Sullivan Expedition on raids throughout New York to cripple the Iroquois tribes which had sided with the British. Both during and after the war friction between the Mohawk 13

leaders Joseph Louis Cook and Joseph Brant, who had sided with the Americans and the British respectively, further exacerbated the split. Creek and Seminole allies of Britain fought against Americans in Georgia and South Carolina. In 1778, a force of 800 Creeks destroyed American settlements along the Broad River in Georgia. Creek warriors also joined Thomas Brown's raids into South Carolina and assisted Britain during the Siege of Savannah. Many Native Americans were involved in the fighting between Britain and Spain on the Gulf Coast and up the Mississippi Rivermostly on the British side. Thousands of Creeks, Chickasaws, and Choctaws fought in or near major battles such as the Battle of Fort Charlotte, the Battle of Mobile, and the Siege of Pensacola.

Sex, Race & Class

Historians have estimated that about 20,000 slaves defected to or were captured by the British, of whom about 8,000 died from disease or wounds or were recaptured by the Patriots, and 12,000 left the country at the end of the war, for freedom in Canada or slavery in the West Indies. Studies have shown that warfare and the farming culture were sometimes incompatible. Militiamen found that living and working on the family farm had not prepared them for wartime marches and the rigors of camp life. Rugged individualism conflicted with military discipline and regimentation. A man's birth order often influenced his military recruitment, as younger sons went to war and older sons took charge of the farm. A person's family responsibilities and the prevalent patriarchy could impede mobilization. Harvesting duties and family emergencies pulled men home regardless of the sergeant's orders. Some relatives might be Loyalists, creating internal strains. On the whole, historians conclude the Revolution's effect on patriarchy and inheritance patterns favored egalitarianism. Additional studies and research reveal that a grave complication in Virginia's mobilization of troops was the conflicting interests of distinct social classes, which tended to undercut a unified commitment to the Patriot cause. The Virginia Assembly balanced the competing demands of elite slave owning planters, the middling yeomen (some owning a few slaves), and landless indentured servants, among other groups. The Assembly used deferments, taxes, military service substitute, and conscription to resolve the tensions. 14

Unresolved class conflict, however, made these laws less effective. There were violent protests, many cases of evasion, and large-scale desertion, so that Virginia's contributions came at embarrassingly low levels. With the British invasion of the state in 1781, Virginia was mired in class division as its native son, George Washington, made desperate appeals for troops.

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The United States Constitution

Overview
The Constitution of the United States is the supreme law of the United States of America. The Constitution originally consisted of seven Articles. The first three Articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislature, consisting of the bicameral Congress; the executive, consisting of the President; and the judiciary, consisting of the Supreme Court and other federal courts. The fourth and sixth Articles frame the doctrine of federalism, describing the relationship between State and State, and between the several States and the federal government. The fifth Article provides the procedure for amending the Constitution. The seventh Article provides the procedure for ratifying the Constitution. The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven States. It went into effect on March 4, 1789. Since the Constitution was adopted, it has been amended twenty-seven times. The first ten amendments (along with two others that were not ratified at the time) were proposed by Congress on September 25, 1789, and were ratified by the necessary three-fourths of the States on December 15, 1791. These first ten amendments are known as the Bill of Rights. The Constitution is interpreted, supplemented, and implemented by a large body of constitutional law. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of many other nations. 16

First Government
The Articles of Confederation and Perpetual Union was the first constitution of the United States of America. It was drafted by the Continental Congress in mid-1776 to late 1777, and formal ratification by all 13 states was completed in early 1781. The chief problem with the new government under the Articles of Confederation was, in the words of George Washington, "no money." The Continental Congress could print money; but, by 1786, the currency was worthless. A popular phrase of the times chimed that a useless object or person was not worth a Continental, referring to the Continental dollar. Congress could borrow money, but couldn't pay it back. No state paid all their U.S. taxes; Georgia paid nothing, as did New Jersey in 1785. Some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments. By 1786, the United States would default on outstanding debts as their dates came due. In the world of 1787, the United States could not defend its sovereignty as an independent nation. Most of the troops in the 625-man U.S. Army were deployed facingbut not threateningBritish forts being maintained on American soil. Those troops had not been paid; some were deserting and others threatening mutiny. Spain closed New Orleans to American commerce; U.S. officials protested, to no effect. Barbary Pirates began seizing American ships of commerce; the Treasury had no funds to pay the pirates' extortionate demands. If any extant or new military crisis required action the Congress had no credit or taxing power to finance a response. The new government of the United States was proving inadequate to the obligations of sovereignty within the confederation of the individual states. That is, although the Treaty of Paris (1783) was signed between Great Britain and the United States and each of the states by name, the various individual states proceeded blithely to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands over the protests of both Great Britain and the Confederation Congress. Individual state legislatures independently laid embargoes, negoti17

ated directly with foreigners, raised armies and made war, all violating the letter and the spirit of the Articles of Confederation and Perpetual Union. During Shays' Rebellion in Massachusetts, Congress could provide no money to support an endangered constituent state. Nor could Massachusetts pay for its own internal defense; General Benjamin Lincoln was obliged to raise funds from Boston merchants to pay for a volunteer army. During the next Convention, James Madison angrily questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor had circulated that a "seditious party" of New York legislators had opened a conversation with the Viceroy of Canada. To the south, the British were said to be openly funding Creek Indian raids on white settlers in Georgia and adjacent territory. Savannah was fortified and the State of Georgia was under martial law. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all thirteen. When a state produced only one member in attendance, its vote was not counted. If a state's delegation were evenly divided, its vote could not be counted towards the nine-count requirement. As a result, Congress had "virtually ceased trying to govern." The vision of a "respectable nation" among nations seemed to be fading in the eyes of revolutionaries such as George Washington, Benjamin Franklin and Rufus King. Their dream of a republic, a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt.

Constitutional Convention
On February 21, 1787, the Articles Congress called a convention of state delegates at Philadelphia to propose a plan of government. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the sole and express purpose of revising the Articles of Confederation. The convention was not limited to commerce; rather, it was intended to render the federal constitution adequate to the exigencies of government and the preservation of the Union." The proposal might take effect when approved by Congress and the states.

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On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present. A quorum of seven states met on May 25. Eventually twelve states were represented; 74 delegates were named, 55 attended and 39 signed. The delegates arrived with backgrounds in local and state government and Congress. They were judges and merchants, war veterans and revolutionary patriots, native-born and immigrant, establishment easterners and westward-looking adventurers. The participating delegates are honored as the Constitutions Framers.

Drafting the Constitution

The Constitutional Convention began deliberations on May 25, 1787. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. The high quality of the delegates to the convention was remarkable. As Thomas Jefferson in Paris wrote to John Adams in London, "It really is an assembly of demigods." According to one view, the Framers embraced ambiguity in the constitutional text, since it allows for compromise and cooperation about broad concepts rather than specific circumstances. Delegates used two streams of intellectual tradition, and any one delegate could be found using both or a mixture depending on the subject under discussion: foreign affairs, the economy, national government, or federal relationships among the states. The Virginia Plan recommended a consolidated national government, generally favoring the most populated states. It used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties. The New Jersey Plan generally favored the less populated states, using the philosophy of English Whigs such as Edmund Burke to rely on received procedure, and William Blackstone to emphasize sovereignty of the legislature. The Convention devolved into a Committee of the Whole to consider the fifteen propositions of the Virginia Plan in their numerical order. These discussions continued until June 13, when the Virginia resolutions in amended form were reported out of committee. All agreed to a republican form of government grounded in representing the people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how 19

the representatives should be elected. The question was settled by the Connecticut Compromise or "Great Compromise". In the House, state power was to be based on population and the people would vote. In the Senate, state power was to be based on state legislature election, with two Senators generally to be elected by different state legislatures to better reflect the long term interests of the people living in each state. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the three-fifths compromise; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of the federal judiciary. Debates on the Virginia resolutions continued. The 15 original resolutions expanded into 23. On July 24, a committee of five (John Rutledge (SC), Edmund Randolph (VA), Nathaniel Gorham (MA), Oliver Ellsworth (CT), and James Wilson (PA)) was elected to draft a detailed constitution. The Convention adjourned from July 26 to August 6 to await the report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the Convention, adding some elements. From August 6 to September 10, the report of the Committee of Detail was discussed, section-by-section, and clause-by-clause. Details were attended to, and further compromises were effected. Toward the close of these discussions, on September 8, a "Committee of Style" of five was appointed. Its final version was taken up on Monday, September 17, at the Convention's final session. Several of the delegates were disappointed in the result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony, and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up addressing the Convention, "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it is not the best." The advocates of the Constitution were anxious to obtain the unanimous support of all twelve states represented in the Convention. Their accepted formula was Done in Convention, by the unanimous consent of the States present. George Washington noted in his diary that night, the proposal was agreed to by eleven state delegations and the lone Mr. Hamilton for New York. Transmitted to the Articles Congress then sitting in New York City, the 20

Constitution was forwarded to the states by Congress recommending the ratification process outlined in the Constitution. Each state legislature was to call elections for a Federal Convention to ratify the Constitution. They expanded the franchise beyond the Constitutional requirement to more nearly embrace the people. Eleven states ratified initially, and all thirteen unanimously did so a year later. The Articles Congress certified eleven states' beginning the new government, and called the states to hold elections to begin operation. It then dissolved itself on March 4, 1789, the day the first session of the First Congress began. George Washington was inaugurated as President two months later.

Ratification
It was within the power of the old congress to expedite or block the ratification of the new Constitution. The document that the Philadelphia Convention presented was technically a revision of the Articles of Confederation. But the last article of the new instrument provided that when ratified by conventions in nine states (or 2/3 at the time), it should go into effect among the States so acting. What followed was an arduous process of ratification of the Constitution by specially constituted conventions. The need for only nine states was a controversial decision at the time, since the Articles of Confederation could only be amended by unanimous vote of all the states. However, the new Constitution was ratified by all thirteen states, with Rhode Island being the last signatory in May 1790. Three members of the Convention Madison, Gorham, and King were also Members of Congress. They proceeded at once to New York, where Congress was in session, to placate the expected opposition. Aware of their vanishing authority, Congress, on September 28, after some debate, unanimously decided to submit the Constitution to the States for action. It made no recommendation for or against adoption. Two parties soon developed, one in opposition, the Anti-Federalists, and one in support, the Federalists, of the Constitution, and the Constitution was debated, criticized, and expounded clause by clause. Hamilton, Madison, and Jay, under the name of Publius, wrote a series of commentaries, now known as the Federalist Papers, in support of the new instrument of government; however, the primary aim of the essays was for ratification in the 21

state of New York, at that time a hotbed of anti-federalism. These commentaries on the Constitution, written during the struggle for ratification, have been frequently cited by the Supreme Court as an authoritative contemporary interpretation of the meaning of its provisions. The closeness and bitterness of the struggle over ratification and the conferring of additional powers on the central government can scarcely be exaggerated. In some states, ratification was effected only after a bitter struggle in the state convention itself. In every state, the Federalists proved more united, and only they coordinated action between different states, as the Anti-Federalists were localized and did not attempt to reach out to other states. The Continental Congress, which functioned at irregular intervals, passed a resolution on September 13, 1788, to put the Constitution into operation.

Preamble : Authority & Purpose

The Constitution consists of a preamble, seven original articles, twentyseven amendments, and a paragraph certifying its enactment by the constitutional convention. Preamble : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Preamble sets out the origin, scope and purpose of the Constitution. Its origin and authority is in We the people of the United States. This echoes the Declaration of Independence. One people dissolved their connection with another, and assumed among the powers of the earth, a sovereign nation-state. The scope of the Constitution is twofold: First, to form a more perfect Union than had previously existed in the perpetual Union of the Articles of Confederation. Second, to secure the blessings of liberty, which were to be enjoyed by not only the first generation, but for all who came after, our posterity.

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This is an itemized social contract of democratic philosophy. It details how the more perfect union was to be carried out between the national government and the people. The people are to be provided (a) justice, (b) civil peace, (c) common defense, (d) those things of a general welfare that they could not provide themselves, and (e) freedom. A government of "liberty and union, now and forever", unfolds when We begin and establish this Constitution.

Civic Religion
There is a viewpoint that some Americans have come to see the documents of the Constitution, along with the Declaration of Independence and the Bill of Rights as being a cornerstone of a type of civil religion. This is suggested by the prominent display of the Constitution, along with the Declaration of Independence and the Bill of Rights, in massive, bronzeframed, bulletproof, moisture-controlled glass containers vacuum-sealed in a rotunda by day and in multi-ton bomb-proof vaults by night at the National Archives Building. The idea of displaying the documents strikes some academic critics looking from the point of view of the 1776 or 1789 America as "idolatrous, and also curiously at odds with the values of the Revolution." By 1816 Jefferson wrote that, "some men look at constitutions with sanctimonious reverence and deem them like the Ark of the Covenant, too sacred to be touched." But he saw imperfections and imagined that potentially, there could be others, believing as he did that, "institutions must advance also". Some commentators depict the multi-ethnic, multi-sectarian United States as held together by a political orthodoxy, in contrast with a nation state of people having more "natural" ties.

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Epilogue
A new nation, one which stands alone among nations of the world, was created over a period of years and based principally on the tripod of situations, circumstances and events. _____________________________ While persons in contemporary times look backward at the founding fathers as sainted individuals, we have to remember that these were men of differing professions, occupations and ideologies. And as we struggle in modern times to find compromise and consensus in our legislative bodies, the founders persisted and succeeded in their efforts to construct a framework onto which a more perfect union could be established and evolve.

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The Revolutionary War. Conway, Stephen. The War of American Independence 1775-1783. Publisher: E. Arnold, 1995. ISBN 0-340-62520-1. 280 pages. Bancroft, George. History of the United States of America, from the discovery of the American continent. (185478), vol. 710. Bobrick, Benson. Angel in the Whirlwind: The Triumph of the American Revolution. Penguin, 1998 (paperback reprint). Fremont-Barnes, Gregory, and Ryerson, Richard A., eds. The Encyclopedia of the American Revolutionary War: A Political, Social, and Military History (ABC-CLIO, 2006) 5 volume paper and online editions; 1000 entries by 150 experts, covering all topics Billias, George Athan. George Washington's Generals and Opponents: Their Exploits and Leadership (1994) scholarly studies of key generals on each side

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Hibbert, Christopher. Redcoats and Rebels: The American Revolution through British Eyes. New York: Norton, 1990. ISBN 0-393-02895-X. Kwasny, Mark V. Washington's Partisan War, 17751783. Kent, Ohio: 1996. ISBN 087338-546-2. Militia warfare. Middlekauff, Robert. The Glorious Cause: The American Revolution, 17631789. Oxford University Press, 1984; revised 2005. ISBN 0-19-516247-1. online edition Symonds, Craig L. A Battlefield Atlas of the American Revolution (1989), newly drawn maps Ward, Christopher. The War of the Revolution. 2 volumes. New York: Macmillan, 1952. History of land battles in North America. Wood, W. J. Battles of the Revolutionary War, 17751781. ISBN 0-306-813297 (2003 paperback reprint). Analysis of tactics of a dozen battles, with emphasis on American military leadership. Men-at-Arms series: short (48pp), very well illustrated descriptions: Zlatich, Marko; Copeland, Peter. General Washington's Army (1): 177578 (1994) Zlatich, Marko. General Washington's Army (2): 177983 (1994) Chartrand, Rene. The French Army in the American War of Independence (1994) May, Robin. The British Army in North America 17751783 (1993) The Partisan in War, a treatise on light infantry tactics written by Colonel Andreas Emmerich in 1789.

The United States Constitution. Adler, Mortimer; Gorman, William (1975). The American testament : for the Institute for Philosophical Research and the Aspen Institute for Humanistic Studies. New York: Praeger. ISBN 978-0-275-34060-5. Billias, George (2009). American constitutionalism heard round the world, 17761989 : a global perspective. New York: New York University Press.ISBN 978-0-81479107-3. Bowen, Catherine (2010) [First published 1966]. Miracle at Philadelphia : the story of the Constitutional Convention, May to September 1787. New York: Little, Brown. ISBN 978-0-316-10261-2. Farber, Daniel (2003). Lincoln's Constitution. Chicago: University of Chicago Press. ISBN 978-0-226-23793-0.

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