Inadequate control of foreign affairs. States in their intercourse with foreign nations, without empowering it to pass all general laws in aid and support of the laws of nations. . . . [Because of the lack of this authority], the faith of the United States may be broken, their reputation sullied, and their peace interrupted by the negligence or misconception of any particular state. The Constitutional Convention of 1787. Franklin's speech to the delegates. He agrees to the Constitution. 18. Franklin calls for the ratification of the Constitution At length the agitation in favor of a stronger union bore fruit, and in 1787 delegates from every state except Rhode Island gathered in Philadelphia "to devise such further provisions as shall appear to them necessary to render the Constitution of the Federal government adequate to the exigencies of the Union." The convention sat in secret session from May to September, with Washington in the chair as moderator. After extended debates and numerous compromises our present Constitution was formulated and drawn up. When the engrossed Constitution had been read, the delegates to the convention listened to this speech by Benjamin Franklin: Mr. President: I confess that there are several parts of this Constitution which I do not at present approve, but I am not sure that 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. Most men, indeed, as well as most sects in religion, think themselves in possession of all truth, and that wherever others differ from them, it is so far error. ... In these sentiments, sir, I agree to this Constitution, with all its faults, if they are such; because I think a general government necessary for us, and there is no form of government, but what may be a blessing to the people if well administered; and believe further that this is likely to be well administered for a course of years, and 1 From Jonathan Elliot, Debates on the adoption of the Federal Constitution, etc. Philadelphia, 1881. Vol. v, pp. 554-555. can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other. fect constitution be I doubt, too, whether any other convention we can obtain may be Can a perable to make a better constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably expected? 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; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded, and that our states are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. for the support of the Con stitution, Thus I consent, sir, to this Constitution, because I expect no better, He pleads and because I am not sure that it is not the best. The opinions I have had of its errors I sacrifice to the public good. . . . If every one of us, in returning to our constituents, were to report the objections he has had to it, and endeavor to gain partisans in support of them, we might prevent its being generally received. I hope, therefore, that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution . . . wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered. that the delegates On the whole, sir, I cannot help expressing a wish that every mem- and asks ber of the convention who may still have objections to it, would with me, on this occasion, doubt a little of his own infallibility, and, to make manifest our unanimity, put his name to this instrument. sign it. Questions on the foregoing Readings 1. What is meant by the statement that political development in early America proceeded along two lines at the same time? 2. In what year did the first definite confederation of the colonies occur? 3. What was the purpose of this confederation? 4. How was this confederation to be governed? 5. Who drew up the plan of union considered by the Albany Congress of 1754? 6. What was the nature of the Grand Council proposed by this plan? 7. What provision was made for the meetings of this Council? 8. Outline the powers of the President-General and the Grand Council with respect to Indian relations. 9. What provision did the Albany plan make for the levying of taxes? 10. What did the Albany plan say about the transmission of laws to England? 66 II. Why did the states enter a firm league of friendship" in 1781? 12. What did the Articles of Confederation say concerning state sovereignty? 13. What was the nature of the Congress created by the Articles? 14. What were some of the powers expressly granted the national government? 15. What provision was made for the amendment of the Articles? 16. What was Washington's opinion of the position of the United States immediately following the Revolution? 17. What four things did he hold essential to the well-being of the nation? 18. What was Hamilton's first objection to the Articles of Confed eration? 19. What did he say concerning the failure of the Articles to provide for a Federal judiciary? 20. In what way were the powers of the Confederation Congress defective with respect to taxation? 21. What did Hamilton say concerning the undue power of the minority under the Articles of Confederation? 22. What was the defect of the Articles with respect to foreign affairs? 23. For what purpose was the Constitutional Convention of 1787 convened? 24. Why did Franklin accept the new Constitution? 25. Why did he ask that all of the members of the Constitutional Convention recommend the Constitution wherever their influence extended? CHAPTER IV ESSENTIALS OF AMERICAN CONSTITUTIONAL 19. Individual rights under the Federal Constitution 1 tion that the Constitution did not ade quately protect in dividual rights. Having been ratified by the requisite number of states, the Federal The objecConstitution was set to work on April 30, 1789, with George Washington as first President of the United States. The Constitution as submitted to the people in 1787 contained several specific guarantees of personal liberty, but many people objected that these did not adequately protect the rights of the individual against governmental oppression. In some states members of the legislature voted for the new Constitution with the understanding that additional guarantees of personal liberty would at once be appended to the Constitution. This was done in 1791, when a number of amendments were adopted in a body. At the present time the following are the chief guarantees of personal rights which are contained in the Federal Constitution and the amendments thereto: and immunities. Art. IV. Sect. II. The citizens of each state shall be entitled to Privileges all privileges and immunities of citizens in the several states. Art. I. Sect. IX. . . . The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 1 From the Constitution of the United States. Habeas corpus, etc. Freedom of religion, speech, and the press. Right to keep and bear arms. The quartering of soldiers. The regulation of search and seizure. The protection of life, liberty, and property. Protection in criminal prosecutions. Suits at common law. Bail and punish ments. Rights retained by the people. Amendment III. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Amendment VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reëxamined in any court of the United States, than according to the rules of the common law. Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. |