History That Doesn't Suck - 15: “We the People:” Constitution Making in Philly

Episode Date: March 26, 2018

“What even is the Virginia Plan but democracy checked by democracy, or pork with a little change of the sauce?” This is the story of 55 men from 12 of the 13 sovereign states gathered at the Pennsylvania State House during the miserably hot Philadelphian summer of 1787. They are here to discuss the failing Articles of Confederation. Foreign debts are past due. Rebellions are rising. The states are fighting. Can they fix all of this? Or will the disagreeing, arguing, threatening, theorizing, brainstorming, (mostly) sober-speech making, and compromising all be for naught? ____ Connect with us on HTDSpodcast.com and go deep into episode bibliographies and book recommendations join discussions in our Facebook community get news and discounts from The HTDS Gazette  come see a live show get HTDS merch or become an HTDS premium member for bonus episodes and other perks. Learn more about your ad choices. Visit megaphone.fm/adchoices

Kick off an exciting football season with BetMGM, an official sportsbook partner of the National Football League. Yard after yard, down after down, the sportsbook born in Vegas gives you the chance to take action to the end zone and celebrate every highlight reel play. And as an official sportsbook partner of the NFL, BetMGM is the best place to fuel your football fandom on every game day. With a variety of exciting features, BetMGM offers you plenty of seamless ways to jump straight onto the gridiron and to embrace peak sports action. Ready for another season of gridiron glory? What are you waiting for? Get off the bench, into the huddle, and head for the end zone all season long.

Visit BetMGM.com for terms and conditions. Must be 19 years of age or older. Ontario only. Please gamble responsibly. Gambling problem? For free assistance, call the Conax Ontario helpline at 1-866-531-2600.

BetMGM operates pursuant to an operating agreement with iGaming Ontario. Red One. We're coming at you. Is the movie event of the holiday season. Santa Claus has been kidnapped? You're gonna help us find him. You can't trust this guy. He's on the list.

Is that Naughty Lister? Naughty Lister? Dwayne Johnson. We got snowmen! Chris Evans. I might just go back to the car. Let's save Christmas. I'm not gonna say that.

Say it. Alright. Let's save Christmas. There it is. Only in theaters November 15th. Welcome to History That Doesn't Suck. I'm your professor, Greg Jackson, and as in the classroom, my goal here is to make rigorously researched history come to life as your storyteller. Each episode is the result of laborious research with no agenda other than making the past come to life as you learn. If you'd like to help support this work, receive ad-free episodes, bonus content,

and other exclusive perks, I invite you to join the HTDS membership program. Sign up for a seven-day free trial today at htdspodcast.com slash membership, or click the link in the episode notes. Welcome to History That Doesn't Suck. I'm your professor, Greg Jackson, and I'd like to tell you a story. The warning shot rips through the freezing afternoon air. The commander who ordered the shot, a former Continental Army colonel now serving as a general in the Massachusetts militia, William Shepard, hopes it will dissuade the approaching army of farmers from attacking. These farmers certainly have the numbers. There's over a thousand of them.

But William's men are far better armed. Unlike the farmers wielding old muskets and clubs, they're guarding a freaking army that contains 7,000 brand new muskets and bayonets, 1,300 barrels of black powder, a few pieces of artillery, and, of course, all the shot they need to put these goodies to use. Yeah, my money's on Williams' militia, not the farmers. It's January 25th, 1787, and we're at the Springfield Arsenal located in western Massachusetts. On the one side, we have an army of farmers who are incensed at the state government for refusing to defer the due date on taxes or to issue paper money. Either or both of these reasonable measures would greatly ease life for these western Massachusetts farmers suffering in the tough post-war economy.

And the really sad part is, for many of them, that's because, after years of fighting as continental soldiers, Congress never paid them in hard money. It paid them in promissory notes that they in turn had to sell to speculators for pennies on the dollar. Well, screw this. They know how to soldier and under the leadership of Revolutionary War veterans like Daniel Shays, who was a captain in the Continental Army, these patriots intend to seize the weapons in this armory and make a stand against yet another oppressive, tax-happy government. On the other side, we have the militia. They know the state's taxes are perfectly just, because unlike life under King George and the London-based parliament, these farmers can, in theory, meet the requirements to vote. Further, word is these farmers are anarchists who want to get rid of personal property.

Whoa, that's going too far. And like the insidious farmers, this militia is led by seasoned Revolutionary War veterans. Although not here today personally, one of the leaders fighting the farmers is none other than the former Continental General who received Lord Cornwallis' surrender at Yorktown, Benjamin Lincoln. But the commander at this battle is former Continental Colonel William Shepard. What can I say? These patriots didn't liberate the colonies just to have insurgent anarchists destroy it. Well, now that you know we have revolutionary veterans fighting revolutionary veterans, and that both sides think they are the ones in step

with the revolution's legacy, I believe we're ready to let William fire a second warning shot at his countrymen. The warning shot only invigorates the 400 old soldiers at the front of this charge, led by yet another revolutionary vet, Captain James White. Moving in eight-man deep formations, the farmers quicken their march to a trot. This fight is on. William's done what he can to avoid blood, but if they want to throw down, then so be it. He has the cannon's trajectory lowered to waistband height. He now fires the cannon aimed at the farmer's stomachs while an out-of-sight howitzer unleashes deadly grape shot.

Four farmers are dead. Many more writhe in pain as they grab at their torn flesh and feel hot blood pouring through their fingers into the ice-cold, four-foot-deep snow. Those farmers still standing realize they have no chance and run for their lives. Many of them, including their leaders, live to fight another day. And they will. This is just one of several little skirmishes from the 1786-1787 insurgency called, in reference to the farmer leading Revolutionary War veteran Captain Daniel Shays, Shays' Rebellion. And it's scaring the citizens of the 13 sovereign republics.

Many are starting to think that maybe a stronger continental government with enough power to actually do things, such as regulate interstate trade or put down armed rebellions looking to end the ownership of private property, isn't such a bad idea. That's basically what Mercy Otis Warren says, to quote her, it awakened all to a full view of the necessity of concert and union in measures that might preserve their internal peace. In other words, it's time to strengthen the Articles of Confederation. And that's just what we're doing today. Philly, baby! It's Constitutional Convention time!

It's summer, 1787, and 55 men from 12 of the 13 small, independent, sovereign American republics are going to sweat under the sweltering Philadelphian heat as they persuade, coax, deliberate, threaten, but ultimately compromise on a new continental government. Not everyone who signs the Constitution will be in love with it. Far from it. Some at this convention will disagree so vehemently they'll refuse to sign it. But if you'll forgive me for not being the cold and removed historian for one second, despite its shortcomings and the shortcomings of the men who make it, this constitution's a damn work of genius. So, without further ado, let's head to Philly and get to this convention.

James Madison looks around in utter despair. The Virginian intellectual has worked feverishly since last year to arrange a convention with delegates from the 13 states who can hash out a way to fix those abysmal articles of Confederation. That convention is supposed to start today, May 14, 1787, right here in the Pennsylvania State House's assembly room. But as James stands in the spacious room, which consists of wooden floors, two massive fireplaces, decorated white walls, and large windows adorned with green drapes that match the green tablecloths, the only other people present are a handful of Pennsylvanians, all of whom live in Philly and didn't have to make any effort to be here, and his fellow Virginian, George Washington. It's far from enough delegates to form a qualified quorum that can undertake the task at hand. And that's both depressing and frustrating. James has worried about the failing Articles of Confederation for a while, and with good reason.

First and foremost, Congress's inability to tax continues to be a nightmare. Not only did this prevent Congress from ever fully paying continental soldiers and officers, but now Congress is delinquent on payments to France and Spain. A second problem, which is still financial at its roots, is that Congress can't protect Americans either. Massachusetts handled Shea's rebellion, but it, along with other smaller rebellions in other states, are quite the wake-up call. A third problem is the infighting between the states themselves. For instance, Maryland and Virginia are throwing down over navigation rights on the Potomac River. New Yorkers and Vermonters are drawing blood over territory disputes. And still others are

screwing up free trade between the states. In fact, the bickering between the states on trade issues has gotten so bad that Virginia called for a convention to examine the problem last year in Annapolis, Maryland. Okay, well, convention is a strong word. Only 12 guys from five states showed up, including our new friend, James Madison, and the now New York lawyer, Colonel Alexander Hamilton. But this September 1786 convention still proved important as the attendees talked about far more than commerce and agreed that the Articles of Confederation were the real problem. So with stronger central government superfan Alexander taking the quill in hand, the 12 attendees prepared an address calling for a bigger convention with representatives from all the states who can figure out how to fix up these crappy articles.

They send their address to Congress and the 13 states and suggest this convention be held next May in Philadelphia. Thanks to Shays' Rebellion putting the fear of God in Congress' New England reps and James going to bat by personally lobbying for it, Congress agreed by the skin of its teeth to this Philadelphia convention. The opening day was set, as we said earlier, for today, May 14th, 1787. And that brings us back to the Pennsylvania State House's assembly room, where a dejected James must be wondering if all his lobbying and the work he did with Alexander in Annapolis last year, were for naught. The next day, May 15th, doesn't go any better. No new faces, just more waiting and more worrying.

Now don't you worry. The delegates are coming. The combination of shoddy interstate roads and bad weather is making everyone tardy. Well, everyone except the super-responsible Virginian duo of James Madison and George Washington, that is. In fact, James showed up 11 days early. Yeah, 11. The now 55-year-old George made it on time despite illness and the physical pain of travel caused by his degenerative rheumatoid arthritis. But the other Virginians aren't far behind, and soon they'll bond with the Pennsylvanians. Ironically, the delay that allows for a week and a half of Virginian-Pennsylvanian bro time is a crucial part of the future U.S. Constitution's creation.

This bonding really gets going on May 16th, when Ben Franklin hosts a lavish dinner for his few fellow delegates who have arrived at this point. That's right, Ben is back from France. He returned to Philly in 1785. Since then, he's added a three-story wing to his Philadelphian home and, get this, the entire second floor of his home is a library. The whole damn floor. It holds 4,276 books and, Ben being Ben, he's invented a mechanical arm to reach those on the highest shelves. And while I'll bet Ben gladly gives the delegates a tour of his grandiose MTV Cribsworthy home, dinner's being served downstairs in the dining room, where Ben can comfortably wine and dine 24 people at once. As the mostly, if not exclusively, Virginians and Pennsylvanians imbib

a fine cask of porter Ben got just for tonight, they become relaxed enough, okay, buzzed enough, to really talk as friends. Soon, it's clear that, at least for this crowd, the convention isn't about tweaking the Articles of Confederation. It's about making a serious continental government. On this point, both Ben and George Washington strongly agree. And when the two biggest rock stars in all the 13 states agree on something, well, that's a big deal. See, while leading the Continental Army, George saw firsthand how a Congress incapable of raising funds to pay for such a necessary, unified force nearly cost them the war. I mean, come on, you remember the near revolt in

the last episode, as well as the shoeless, starving, and freezing soldiers fighting in the past several episodes, right? Meanwhile, the cosmopolitan Dr. Franklin's experiences as America's foremost diplomat brought him to the same conclusion. As he negotiated with friend and foe alike, this elder statesman saw just how cutthroat and realpolitik international diplomacy is. Point being, Ben knows the 13 states need to stick together if they're to have a prayer in continuing to prevail diplomatically against the interests of Britain, France, and Spain. And with such talk coming from THE General, George, and the lightning tamer, Ben. Well, if this group didn't know its task before, it's dawning on them by the end of

Ben's well-buzzed dinner. They're here to kill the Articles of Confederation. To that end, the Virginian and Pennsylvanian delegates spend the next week crafting a new form of government to propose at the convention. They start their day by strolling up to the state house, where they meet and chat with recently arrived delegates from other states, and establish that there are still too few of them to form a quorum. Then the Virginian-Pennsylvanian clique make their way to the city tavern, which was a favorite haunt of revolutionaries during the war, or they hit up the Indian Queen Tavern. Now, don't dismiss this as just afternoon drinks. It's the 18th century. No one needs an excuse to drink. It's in these

taverns that our small Virginian-Pennsylvanian crew continue preparing a plan for a strong national government. And the brains behind this operation is James Madison. James is one of the most important people at this convention. You already know he's played a pivotal role in organizing it, but this Princeton grad and future U.S. president has also done his homework. James arrived with well-thought-through, even if still formulating ideas about the separation of powers, as well as a vision of a robust, two-house legislature where population and wealth determine the state's representation rather than the current system of one vote per state. It would have been much harder for this

short, balding, and shy 37-year-old Virginian who mumbles when speaking publicly to sell his ideas if the convention were already in play. Ah, but working with just the Pennsylvanians and his fellow Virginians in an intimate tavern setting? Now that's doable for the introverted and reserved James. These pre-convention meetings yield a plan for a new government called the Virginia Plan, but make no mistake, even though the Virginia and Pennsylvania delegates helped form it, even though it's Virginia's governor, Edmund Randolph, who will present it, James is the main architect. And now armed with a well-thought-out plan for continental government before the convention even starts, the Virginians and Pennsylvanians are ready to steal the show.

It seems, then, that the delays were actually a blessing in disguise. North America's number one sportsbook. You can bet on anything from money lines to spreads and player props, or combine your bets in a same-game parlay for a shot at an even bigger payout. Plus, with super simple live betting, lightning-fast bet settlement, and instant withdrawals, FanDuel makes betting on the NFL easier than ever before. So make the most of this football season and download FanDuel today. 19-plus and physically located in Ontario. Gambling problem? Call 1-866-531-2600 or visit connectsontario.ca. A&W is now serving Pret Organic Coffee

and you can get a $1 small coffee, a $2 small latte, or like me, a $1 small coffee and a $2 small latte. Available now until November 24th in Ontario only. Woohoo!

Come May 25th, we finally have sufficient representation to start the convention. 27 delegates from 7 states. Honestly, this is about as good as it gets. 55 men from 12 states will attend the convention, but we'll rarely see more than 30 gather at a time. Bad weather continues to slow some arrivals. Apathy also hurts attendance.

What can I say? Many citizens of the 13 sovereign independent republics, and even some of the delegates, do not value their alliance under the Articles of Confederation as much as they value their home states. But despite their never meeting together all at once, the delegates are an impressive bunch. Most have had experience with Congress. 30 saw active service in the military during the Revolution impressive bunch. Most have had experience with Congress. 30 saw active service in the military during the Revolutionary War. 7 have served as governors, roughly half are lawyers, and 16 are Princeton, Yale, or Harvard alums, and still others have studied at impressive European institutions, like Oxford.

So let's head inside the red brick Pennsylvania State House and back to the assembly room as these men sit in Windsor chairs at tables covered in green cloth. It's time for a few months of serious disagreement, argument, debate, and compromise. At the start, there is one thing the delegates unanimously agree upon, electing George Washington as president of the convention. George now takes the high-backed chair between the two enormous lit fireplaces at the front of the room. The delegates then elect South Carolina's William Jackson as secretary. Scholarly-minded James Madison joins William at the table just to the right of George Washington, though, because he wants to take his own copious notes. Man, thank you, James. I'm consulting his notes in writing this episode because it turns out William is a crappy secretary. His notes won't help historians much. Following the only full weekend the convention will ever

take, they will now work six days a week, breaking on Sundays only. On May 28th, Benjamin Franklin arrives. Kidney Stones detained the 81-year-old last Friday, but he managed to get to the convention despite his ill health, and according to legend, he does so by having four convicts carry him on a sedan chair. Incredibly, he'll make it to every session of the convention from here on out. Well, this has been light and fun so far, but the next day, May 29th, things get real. Virginia Governor Edmund Randolph presents James Madison's baby, the Virginia Plan. Now, before he does so, I'll remind you, most of the men gathered in this room are under the

impression they are only here to amend and alter the Articles of Confederation. That's it. Nothing more. And beyond these expectations, some are categorically opposed to a national government, or have been instructed not to move in that direction. There are reasons for this. For one, most Americans don't identify as Americans. They identify by their states. They're New Yorkers, Virginians, Georgians. Two, conventional wisdom is that representative government can only succeed when it's small, like a single state. So there's a fear that if the 13 states really unite, it will kill Republican government. Finally, for many, central government sounds too much like the very London-based government they just ditched. So no wonder Delaware's government expressly denied its delegates from agreeing to any alterations that would end the articles system of one vote per state in

Congress. Hell, Rhode Island is so suspicious about a convention to merely alter the articles, it's boycotting. Yeah, you will never meet a Rhode Island Constitutional Convention delegate because they do not exist. Bigfoot is more real than Rhode Island delegates. So from expectations to specific directions, suggesting the articles be put to death on the third day of a convention ostensibly meant to fix them is quite intrepid. Or stupid. Either way, Godspeed, Edmund. Convention President George Washington, who's totally in on this Hail Mary pitch Edmund's about to make, grants the handsome, husky Virginian governor the floor. Well prepared for the moment, Edmund begins by praising the articles. A shrewd move,

especially since some of its authors are in the freaking room. But now it's time to pivot like a champion. Edmund lists the problems plaguing the confederation of 13 states. Commercial discord between the states, foreign debts, rebellion in Massachusetts. Well, sure, everyone agrees. These are serious problems. Okay, so far, so good. Nice setup. Time to execute. Edmund now offers a remedy which, quote, must be republican in principle, close quote. He lays out 15 resolutions which altogether are the Virginian plan. The first reads, to quote, resolved that the Articles of Confederation ought to be corrected and enlarged, close quote. Well, as long as by corrected and enlarged we mean put out to pasture, sure. But his soft open can't

obscure reality. I won't go through the Virginia Plan resolution by resolution, but here's the gist. Pulling from the French philosopher, Berrand de Montesquieu, and his ideas of separating powers, the plan separates the legislative, executive, and judiciary powers. that is, the power to make laws, to implement laws, and to interpret laws, respectively. It suggests a national legislature that consists of two houses with representation in both being determined by population. In terms of power, this national legislature would be able to do everything the Congress of the current confederation can and then some. In addition to making national laws, it will also have power to shoot down state laws that don't jive with the nation's interests. Basically, it's like having veto power over the states.

The legislature will also choose the executive branch, which could be a president or a small committee. The judicial powers will be placed in a national court system that includes a supreme tribunal. Meanwhile, the judicial and executive branches would be responsible for a council of revision that will keep this super powerful legislature in check. Well, at least a little. Now again, I've only given you the highlights because it takes hours for Edmund to detail the whole Virginia plan, and by the time he's done, the delegates are ready to call it a day. But there's one little footnote of constitutional history we have to add before the day is through. South Carolina's Charles Pinckney now pipes up and says he has a

plan that he wants to share before everyone adjourns. I'm not going to detail this at all, but it has some similarities to the Virginia plan. In fact, Charles will claim in later years that he is the true framer of the Constitution, not James Madison. If this interests you, I'd encourage you to look into it, but I will tell you this. While possibly an influence on the delegates, this plan is not going to get much discussion. Between May 30th and June 13th, the Virginia plan alone will be discussed in earnest. Right out the gate, we have arguments about sovereignty. This will be questioned throughout the convention, so we need to define a few terms. First off, you'll hear the word national used.

Generally, when the delegates talk about national anything, they are talking about a government that centralizes and swallows up some or all of the sovereignty of the individual states. When you hear federal or confederal, well, although the words have distinctly different meanings today, they are often used interchangeably at this point in history. So federal speaks, at this point, to a league or alliance in which state sovereignty remains. Got it? Good. Now keep in mind that these words mean slightly different things to different people in the room, and that

during the debate to ratify the constitution later, people are going to redefine and screw with these words even more. Confused again? Perfect. Okay, joking aside, just keep in mind that nationalism is more of a centralizing idea, whereas federal and confederal are currently synonyms for a league of sovereign states. Okay, now we can talk about nationalism and federalism. Despite these concerns over sovereignty, the Virginia plan is so well prepared that its staunchest opponents are forced to play defense and the plan moves forward. By June 13th, here's what our delegates are thinking. A two-house legislature with proportional representation, the executive powers will be invested in a single person for a seven-year term. There will be a national judiciary with the supreme judiciary at its head,

and they cut out the council of revision altogether. Wow, so we've really just hacked away at state sovereignty. I mean, this national legislature can technically veto any state law. And are the states even all that meaningful if both of the national legislature's houses are to be determined by population? Of course, Virginia's delegates are loving this idea with its population of 750,000. Hence, they proposed it. But what about the smaller states? Remember how Delaware, which has a population of 60,000, told its candidates they couldn't even consider a plan like this? Delawarean George Reid holds the larger states at bay for a moment by reminding everyone of that very instruction

and threatening that, if they're going to move away from one state one vote in Congress, maybe his delegation should just go home. Damn, that's going for the jugular, Mr. Reid. But as you can see, his threat isn't working. So where does this leave the more pro-sovereignty and small state crowd? Enter New Jersey's lightweight champion, William Patterson. This Irish-American, Princeton grad, former Jersey Attorney General, future U.S. Senator, and future governor of New Jersey, knows the law and has had enough of the Virginia Plan and what he sees as an attack on small states and state sovereignty. After sitting

mostly in silence for two weeks, he starts to push back on June 9th by challenging the legality of all of this. We have no power to go beyond the federal scheme, William exclaims, decrying the talk of national government that would swallow state sovereignty. He also challenges the veiled threat made by the brilliant but tactless Pennsylvanian, James Wilson, who implied the large states might form a union without the small states if they don't get on board with congressional representation by population instead of one vote per state. William rails against the large states. Quote, let them unite if they please, but let them remember that they have no authority to compel the others to unite. New Jersey will never confederate on the plan before the committee. She would be swallowed up. I would rather submit to a monarch, to a despot, than to such a fate. Close quote. Yeah, so what up now, James Madison?

William even ups the ante on his fight for small states and state sovereignty by introducing his own plan on June 15th, the New Jersey plan. As with the Virginian Plan, I'll just give you the highlights. But first, I want to read part of the first resolution. Why? Because it's just fun to see these guys have a sense of humor. Quote, Resolved that the Articles of Confederation ought to be revised, corrected, and enlarged. Close quote. Sound familiar? That's because with the addition of revised, it's word for word the same as the Virginia Plan's first resolution, which I read to you earlier. Yes, in challenging the Virginia Plan, Williams steals its opening line. I like to imagine James Madison's balding head turning red as he hears this. I mean, come on. This is funny. The New Jersey plan is certainly more robust than

the current Articles of Confederation, but it's closer to it than the Virginia plan is. The judiciary is its own branch, with a supreme tribunal. The executive consists of a committee that can be removed if the majority of governors request it. William's proposed legislature is far more limited than that of the Virginia plan. It can regulate commerce between the states, but it may only raise money by taxing foreign exports. And it definitely cannot veto state laws either. Ah, so now we see sovereignty returning to the states. And crucially, the New Jersey plan would have a single House legislature with one vote per state. That right there keeps the small states relevant.

The small states are going to dig this plan. The big states won't. Go figure. The convention considers the New Jersey plan for the next few days. Pennsylvania's James Wilson compares the New Jersey plan with the Virginia plan. Obviously, coming from Pennsylvania, which is a big state and the delegation that bromanced it up with Virginia's delegates the week before this party started, he favors the Virginia plan. He argues that a legislature with

only one house is, quote, legislative despotism, close quote. And to quote him again, if the legislative authority be not restrained, there can be neither liberty nor stability. It can be restrained by dividing it within itself into distinct and independent branches. In a single house, there is no check but the inadequate one of the virtue and good sense of those who compose it. Close quote. Well said, Mr. Wilson, and thanks for giving an example of checks and balances, by the way. He also pushes back on the accusation that the Virginia plan is illegal by reminding the delegates that whatever they come up with will have to be accepted by the people. Huh, good point. South Carolina's Charles Pinckney,

that's the guy whose plan got shot down within 48 hours but still thinks he inspired the Constitution, by the way. He says that New Jersey's high horse is less about sovereignty and more about power in the legislature. But it's James Madison himself who lands the last blow. On June 19th, he gives a long speech. In it, he points out that other states will join the union. They have territory out to the Mississippi, remember? So New Jersey's delegates might regret a one-state-one-vote situation if, in the future, states that are even smaller than theirs are admitted to the union. Following James' speech, Rufus King of Massachusetts asks if the delegates would prefer

to continue with the New Jersey plan or circle back to the Virginia plan. Only Delaware, New York, and New Jersey vote for the New Jersey plan. All others besides divided Maryland vote for the Virginia plan. And with that, William's plan is laid to rest as James Madison's is resurrected. But before we swing back to the Virginia plan, we have another intriguing Constitutional Convention footnote, Alexander Hamilton's plan. On June 18th, the day before the vote killing the New Jersey plan, Alex proposes some sort of attempt to get the best of Republicanism and, brace yourself, monarchy at the same time. Our now 32-year-old Caribbean transplant calls for an executive branch consisting of a president elected for life. He wants an upper house in the legislature elected for life as well.

Now they can be removed, shall we say impeached, if they behave badly. And being elected, at least the men filling these roles would arrive on a meritocratic basis rather than hereditary. But obviously, Alex is riffing hard off of the British crown in the House of Lords. In fact, James Madison describes the president as an, quote, elective monarch, close quote, in his notes. Now, things get a lot more democratic in the House of Representatives, which would be elected for three-year terms by universal male suffrage, but this is not robust democracy. And to be fair, Alex doesn't believe in that. What even is the Virginia Plan but democracy checked by democracy? Or pork with a little change of the sauce? Alex asks.

If you're freaking out about American democracy right now, this is as good a place as any to point out that many of the delegates in this room fear unbridled democracy. Back on May 31st, Massachusetts delegate Elbridge Gerry said, quote, The evils we experience flow from the excess of democracy. The people do not want virtue, but are the dupes of pretended patriots. Close quote. Other delegates make similar comments. In fact, during the same discussion,

Connecticut's Roger Sherman called for state legislators to elect national legislators because, quote, the people should have as little to do as may be about the government. They want information and are constantly liable to be misled, close quote. I think this sampling makes the point. Alex isn't the only one afraid of full-on direct democracy. What can I say? Schooled in ancient history, these guys know how badly direct democracy can end. They fear tyranny at both ends, from kings above and from the masses below. Alex takes six hours to deliver his June 18th speech.

By this point, the Philadelphian summer is starting to take its toll. Remember, it's 1787. There's no air conditioning. All the doors and windows are shut, making June and July in the assembly room feel like the sauna from hell. When Alex finally finishes speaking, the delegates give him a polite applause and adjourn. The next day, June 19th, it's clear his plan has been relegated to the same constitutional

graveyard as Charles Pinckney's and, by the end of the day, William Patterson's. By the way, if you're wondering why the delegates don't crack a window on such miserable summer days, it's because they want to preserve complete secrecy. I realize this might sound like a terrible and egregious violation of the rights of the free press to 21st century ears, but they decided at the start of the convention to do this so everyone would be willing to candidly speak their minds without caving to external factions. And let's remember what James Wilson pointed out earlier. What they are doing

isn't binding. They know that, even if they all agree, in the end, America may very well reject whatever they come up with. And so, all are sworn to keep their mouths shut. In fact, the secrecy agreement and the open-minded brainstorming atmosphere it's intended to create is why Alex felt safe sharing his idea for a monarchical-republican blend. But alas, word of his speech will leak, and in the years to come, Alexander's political enemies will accuse this war hero, this signee of the Constitution who arguably does more to ensure its eventual ratification than anyone else, of being a closeted monarchist. Presenting his British-style plan will prove to be one of the biggest mistakes Alex makes in his

relatively short life. Following the defeat of Alexander's plan and William's New Jersey plan on June 19th, we now enter a painful month of impasse as the small states fight to kill representation by population within the Virginia Plan. On June 20th, Roger Sherman of Connecticut suggests a compromise in which the lower house is represented by, quote, the respective number of free inhabitants, and that in the second branch or Senate, each state should have one vote and no more. Close quote. Smart! But the delegates aren't ready to heed such rational thought yet. A week later, Maryland's Luther Martin gives a terrible, rambling two-day speech against proportional representation. Given that Luther is what we will call in the 21st century a high-functioning alcoholic

who's known to practice the law while drunk, the delegates and future historians will forever wonder if he's plastered while speaking. But alas, we will never know. The gridlock is now so bad that, on June 28th, it's the irreverent Ben Franklin who suggests the convention turn to God in prayer. How has it happened, sir, that we have not hitherto once thought of humbly applying to the Father of Lights to illuminate our understandings? He asks the convention while addressing George Washington. Alexander Hamilton responds that it would have been a good idea at the start of the convention, but to do so now might show their dissensions to the public. And I can't confirm this,

but legend says Alexander further shoots down prayer because they do not require, quote, foreign aid. Close quote. Knowing Alex's sense of humor, I wouldn't be surprised at all if that's true. Speaking of Alexander, he leaves the convention to see to personal affairs on June 30th. This is not uncommon among the delegates. Like I said, we'll average 30 attendees per day. Worse is that his two fellow New Yorkers, Robert Yates and John Lansing Jr., leave on July 10th, not for personal reasons, but because they are disgusted by the convention and its willingness to do more than only amend the Articles of Confederation. When Alex returns, he'll be the only New Yorker for the rest of the

convention. As Canadian dairy farmers, we follow PROACTION, Dairy Farmers of Canada's National Quality Assurance Program with six modules. Modules like Milk Quality, that stands for high standards of milk production. Or Food Safety, producing milk that meets 42 requirements. And Animal Care, that means caring for every cow. PROACTION sets standards of excellence. That's what's behind the Blue Cow logo. Dairy Farmers of Canada. Interior Chinatown is an all-new series based on the best-selling novel by Charles Yu

about a struggling Asian actor who gets a bigger part than he expected when he witnesses a crime in Chinatown. Streaming November 19th only on Disney+. The stalemated month finally ends on July 16th. A grand committee established on July 2nd was charged with untangling the Gordian Knot, that is the question of representation. The committee, which includes Roger Sherman, suggests what he more or less already said back on June 20th, that the lower house should be

represented by population and the upper house should be represented equally between the states. Naturally, the delegates haggle over the details, but in the end we get the system found in the U.S. Constitution today. Representation by population in the lower house and representation by state in the upper house through two senators per state. The deal is known as the Connecticut Compromise or the Sherman Compromise, so named after the Connecticut-er who first offered the ridiculously obvious answer a freaking month before the convention accepts it. Now, of course, there's another question about representation that makes us cringe today. Should enslaved African Americans count toward a state's representation in the lower house?

Slavery is the shadow lurking in the corners of the assembly room throughout the convention. The word is rarely uttered and never written in any formal document. Go ahead, read the Constitution. In fact, please, for the love of God, if you're an American, read the Constitution. In Article 1, Section 2, you'll see how it's avoided. The formula for determining representation in the lower house is, quote, free persons, including those bound to service for a term of years, excluding Indians not taxed, three-fifths of all other persons. Close quote. Yep, persons is a euphemism the convention uses for slaves. Northern states, where the institution of slavery is all but dead,

don't want slaves counted at all. They have nothing to gain from it. Southern states want slaves counted completely. It will inflate their representation and therefore power in Congress. Other figures for counting slaves are suggested. Half. Four-fifths. But since Congress used three-fifths in a revenue measure back in 1783, the precedent sticks. That's how slaves who have no recourse to the law end up being used to increase the power of the very people enslaving them. As for the morality of this, or lack thereof, you'll find a few different takes if you read up on it. Personally, I think it's clear that at least some of the men who signed the Constitution hate this and other concessions to slavery. For instance, Delegate John Dickinson, who we met

back in the day as a pre-war pamphleteer and member of the Second Continental Congress, freed all of his slaves out of devotion to the ideas of the revolution. Can we pause for one second and note how awesome John is? Anyhow, he privately writes this as the three-fifths compromise gets worked out, quote, acting before the world, what will be said of this new principle of founding a right to govern free men on a power derived from slaves. The omitting of the word will be regarded as an endeavor to conceal a principle of which we are ashamed. Close quote. You're damn right, John. So why would more anti-slavery delegates sign? Well, first, let's not overstate such sentiments. John Dickinson is in the minority,

even among those who do not own slaves. Don't make the mistake of imposing 21st century attitudes on the 18th century. But second, Charles Pinckney is warning the other delegates not to even dream of tampering with slavery, or South Carolina is out of this union. Period. End of story. I'd imagine his fellow South Carolinian and Georgian delegates are giving such warnings as well. These strong-arm tactics are likely why the anti-slavery Alexander Hamilton describes the Three-Fifths Compromise as a necessary evil, saying that without it, quote, no union could possibly have been formed, close quote. Similarly, James Madison, who, like a number of other founding fathers, greatly dislikes the institution of slavery but fails to personally disentangle himself from it, will later put it

this way, quote, great as the evil is, a dismemberment of the union of the day, that's it. That's how the slave states leveraged the free states. With this compromise worked out, the convention takes a 10-day recess from July 27th to August 5th while the Committee of Detail cranks out a first draft of the Constitution. Chaired by South Carolina's John Rutledge, it adds a few good ideas, like maybe there should be an amendment process. Through the month of August, more smoothing out happens. For instance, newly returned Alexander Hamilton fights off the idea that members of Congress should be

native-born, an idea that ultimately only stuck with the office of president. But by the end of the month, slavery once again rears its head. This time, the compromise is on importing slaves. After all, what is to stop the southern states from bringing Africans across the Atlantic against their will, simply to boost their representation in Congress? Meanwhile, the northern states want a lower congressional threshold to pass Navigation Acts. So, on August 25th, South Carolina and Georgia agree to a simple majority in Congress being able to pass Navigation Acts if, in exchange, Congress permits the continuation of the transatlantic slave trade for another 20 years,

until 1808. A final victory for slave states comes three days later, on August 28th, with the addition of the Fugitive Slave Clause. Found in Article 4, Section 2, it guarantees runaway slaves do not receive freedom by crossing state lines and can be returned to their masters. Once again, the word slave is avoided, but everyone knows what it means. By the way, throughout the convention, George Washington's personal manservant, his slave Billy Lee, is by his side, just in case our beloved Virginian general needs anything. This is totally normal. George rarely goes anywhere without Billy and genuinely cares about him. But I can't help but wonder, what does Billy think of these discussions about slavery?

In early September, another sticky question is finally put to rest. How to elect the powerful president? Here's where they're coming from. The delegates don't want to give more power to the legislature by allowing it to choose the powerful single-person executive branch that is the president. But, as we saw when talking about Alexander's plan, they also fear too much direct democracy. Further, direct elections would make the small states meaningless. And besides, since most Americans rarely even know people in other states, how could they even know if a candidate from beyond their borders is any good? So, what to do? Well, the answer is the electoral college. Ultimately, they decide each state will

get as many electors as they have in Congress. That is, it will be equal to their congressional reps and senators combined. For example, should Renegade Rhode Island choose to join the union, it would get three electors because it would have two senators, like all other states, and one congressional rep. Make sense? So the people will vote for smart, capable individuals who will serve as electors and meet at the state level. They never meet nationally, which is another measure to avoid intrigue. Each elector votes for two people as president. The person with the most votes wins. The runner-up is vice president. If no one gets a majority, then, and only then,

the House of Representatives will choose from the top five candidates. This will get modified years from now by the 12th amendment, but that's a story for another day. The final product is now close. So on September 8th, a committee of style is appointed to start writing up a final draft, even as the convention continues to make changes to it. The committee is chaired by Pennsylvania Governor Morris. As I told you in a past episode, Governor is not a title. It's his first name. Now, it just so happens I have not quoted him, but in fact, only James Madison speaks more than Governor throughout the convention.

That being the case, let me give you a proper introduction. Governor is a bon vivant, that is, a man who enjoys the pleasures of life. He lost his leg after a wagon accident in 1780, but by no means has that slowed down his love life with single or married ladies. In fact, the large in stature governor is so well known for his amorous exploits that his friend John Jay said he wishes his peg-legged friend had lost something else in that fateful accident. In 1784, Alexander Hamilton dared Governor to give George Washington a friendly slap on the back. He actually did it. The dead silence that followed was super awkward.

But give him credit, the playboy does indeed have stones. And you know what? Even though James Madison and Alexander Hamilton serve on the Committee of Style, it's this one-legged Don Juan who's responsible for much of the wording of the U.S. Constitution, particularly for its famous preamble that begins, We the People. On September 12th, only days away from finishing this four-month convention, Virginia's George Mason raises a point. What about a bill of rights? A natural question for him, given that Mr. Mason is the author of Virginia's Declaration of Rights. Shockingly to us today, this is shot down fast. Some counter arguments include that no one could enumerate all the rights of the people, and that once certain rights are enshrined, others will be assumed forfeited. Further, many individual states have their own Bill of Rights, so wouldn't adding one be redundant?

Guided by that logic, and frankly, probably a desire to just end this damn convention already, they decide to move forward without one. We are now close enough to finishing the Constitution to do some celebrating. On Friday night, September 14th, George Washington hits up City Tavern with the light horse of Philadelphia, Calvary Corps. These are some of the soldiers who bravely crossed the frigid Delaware on Christmas Day back in 1776. According to the bill, the group included a total of 55 men, so I think it's a fair guess, although not provable,

that a number of the delegates are in this group too. Together, these guys drink 60 bottles of Claret, 54 bottles of Madera wine, 22 bottles of porter, 12 bottles of beer, 8 bottles of cider, and 7 bowls of punch, which, given that it's 1787, are very likely alcoholic. In addition to food, live music, cigars, and the cost of broken decanters and wine glasses, the total cost comes to 89 pounds, four shillings and two pence. To put that in 21st century terms, a little over 15 grand. These soldiers and likely delegates can drink. Let me clear up a few things though. First, while George enjoys a good Madeira as much as any 18th century American and can hold his liquor, I doubt he got wasted. He's a public figure at this point. He knows it. I guarantee none of those broken wine glasses are his doing. Second, this

is the 18th century. This kind of drinking isn't reprehensible. So let them celebrate. Founders have been whitewashed a bit in most people's minds. But as this story shows, they're real people living by the social mores of their time. Finally, on September 15th, it's done. Four months of arguing, bickering, brainstorming, and compromising has yielded a seven-article document. The first three explain, respectively, the lawmaking powers of the two-house legislature, the executive office of president, and the judiciary, as well as how they all check each other. By the way, they dialed back the president's term to four years and ditched James Madison's crazy idea to let Congress veto state laws.

The fourth article defines the relationship between the new federal government and the states. Article 5 explains how amendments will work, while the sixth article states that federal laws will be supreme. Article 7 explains the ratification process, which requires each state to hold a ratifying convention. If nine of the 13 states give their blessing, then this constitution will become the law of the land. All in all, they've produced a constitution that is, as James Madison will argue in Federalist No. 39, a hybrid of national government and confederacy. Despite confederalism and federalism being used as synonyms in the 18th century, this hybrid comes to be the new meaning of federalism. The delegates gather to sign the

Constitution two days later on September 17, 1787. You've probably heard the story about a group of private citizens asking Ben Franklin what the convention has made. A republic, if you can keep it, he replies. You may also know that after the delegates sign today, Ben will look at the half sun carved into the top of George Washington's high chair and say with satisfaction that he now knows it is a rising sun not a setting sun. Less known though is what the 81 year old philosopher says at this moment before the signing. To quote him I may confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them. For, having lived long, I have experienced many

instances of being obliged by better information or fuller consideration to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment and to pay more respect to the judgment of others. You assemble a number of men to have the advantage of their joint wisdom. You inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly, can a perfect production be expected? It therefore astonishes me, sir, to find this system approaching so near to perfection as it does.

Leave it to bend, put it so well. The Constitution is imperfect. They know that. Hence the phrase a more perfect union, not a perfect union. It has many imperfections that we have since fixed. Slavery will be struck down by the 13th Amendment. Women will receive the right to vote through the 19th. And we could go on. But the fact that this Constitution has stood longer than any other government in the world, save that of one of its own states, Massachusetts, that it has managed to flex with a changing society, that it has managed to absorb another 37 states across an entire continent, and weathered a civil war to boot, are clear evidences that Ben is right.

55 men worked on the Constitution. 42 are present as Ben says these words. 39 choose to sign. I don't know that a single man agrees with everything in it, but they all agree not to point out what they disapprove of publicly so as not to damage its chances of ratification. Of the three present who do not sign, Elbridge Gerry, George Mason, and, ironically, the man who introduced the Virginia Plan that served as the Constitution's basis, Edmund Randolph, the last two only refuse because the Constitution lacks a Bill of Rights. And that's coming. They'll happen during the Washington administration. As a graying, aging, tired, arthritic, nearly toothless George, who just wants to be at his

precious Mount Vernon with Martha and his step-grandchildren, steps up to serve as president of this new nation. As rebellions break out, political parties arise to push their own agendas, and the French Revolution threatens to bring the still-fragile United States into war, poor George has no precedent to lead him. He's certainly not the same 22-year-old kid who cluelessly lost a battle in the Ohio, nor is he the middle-aged man who took the reins of an underfunded, ill-equipped, and untrained army. But for at least the third time in his life, he's untrained, inexperienced, and figuratively outgunned. History That Doesn't Suck is created, hosted, researched, and written by me, Greg Jackson.

Production and sound design by Josh Beatty. Musical score composed and performed by Greg Jackson and Diana Averill. For bibliography of all primary and secondary sources consulted in writing this episode, visit historythatdoesntsuck.com. Join me in two weeks, where I'd like to tell you a story. And a special thanks to our members, whose monthly gift puts them at producer status. Ellen Stewart, Bernie Lowe, George Sherwood, Gurwith Griffin, Henry Brunges, Jake Gilbreth, James G. Bledsoe, Janie McCreary, Jeff Marks, Jennifer Moods, Jennifer Magnolia, Jeremy Wells, Jessica Poppock, Joe Dobis, John Frugal-Dougal, John Boovey, John Keller, John Oliveros, John Radlavich, John Schaefer, John Sheff, Jordan Corbett, Joshua Steiner, Justin M. Spriggs, Justin May, Kristen Pratt, Karen Bartholomew, Cassie Conecco, Kim R., Kyle Decker, Lawrence Neubauer, Linda Cunningham, Mark Ellis, Matthew Mitchell, Matthew Simmons, Melanie Jan, What did it take to survive an ancient siege?

Why was the cult of Dionysus behind so many slave revolts in ancient Rome? What's the tragic history and mythology behind Japan's most haunted ancient forest? We're Jen and Jenny from Ancient History Fangirl. Join us to explore ancient history and mythology from a fun, sometimes tipsy, perspective. Find us at ancienthistoryfangirl.com or wherever you get your podcasts.