Last week we covered the end of the Constitutional Convention in Philadelphia, and the decision by the Confederation Congress to express no opinion on the final product. Instead they simply forwarded it without comment to the states for their consideration. The decision to ratify or not was left up to the people of each state.
Delaware Ratification
The first state to receive the proposed Constitution was Pennsylvania. After the convention wrapped up its business on September 17, Printed copies of the document were available on the morning of September 18, and it was formally presented to the state legislature at 11:00 am that morning. Delivery was not difficult, The Pennsylvania legislature had been meeting on the second floor of the state house while the Convention was meeting on the first floor. The day after the convention disbanded, the state legislature moved downstairs into the room that had been used by the convention, and that’s where it received its copy.
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| Delaware Ratification at Brattle Tavern |
Despite being a small state, Delaware was politically divided. Since independence in 1776, conservatives and liberals in that state had some of the most violent partisanship over elections of any of the thirteen states. The conservatives, who mostly lived in the southern part of the state, were, at various times, called Tories, or the “court” “church” or “aristocratic” party. The liberals, who were concentrated in the northern part of the state, were known as Whigs or the “country” “Presbyterian” or “democratic” party., General elections for the state legislature, scheduled for October 1, 1787 had to be suspended in Sussex county after armed riots kept people from voting. The election had to be held on October 15th instead. Even after that, violence and threats during the elections would cause the state legislature to refuse to seat the winners.
Yet, when it came to the proposed Constitution, the state was amazingly united. Both the parties had favored a stronger federal government for many years. It had supported the Annapolis Convention in 1786, and sent one of the largest delegations to the Constitutional Convention in Philadelphia. Before the Convention was complete, the legislature convened in late August, anticipating a report. Members then went home to get ready for the October elections. When violence delayed the elections, the new legislative session did not begin until October 24. By that time, the proposed constitution had been circulating for over a month.
The Assembly took up the Constitution on its first day back and submitted it to a committee. The Committee took one day to report back and call for a state convention. The Assembly scheduled the Convention to start on December 3.
Although the new constitution gave proportional representation to the House, tiny Delaware was very happy that the Senate gave representation by state. But beyond that most of Delaware’s enthusiasm for the new constitution was economic.
Delaware received its imports through Philadelphia. Its population had to pay those import fees in the form of higher prices, while all of the benefits of those fees went to Pennsylvania. Under the new Constitution, import duties would be collected by Congress, for the benefit of everyone. Further, the sale of western lands, which came from other states, would benefit everyone as well. That funding meant that Congress would no longer be demanding appropriations from all states. Beyond that, the Constitution would pay the salaries of Congressional delegations. That was a burden on the state under the Articles. Delaware also expected the new federal government would assume its war debt. So Delaware would get lots of benefits and revenue would come from other states. Delaware leaders also hoped that fast action might contribute to their case to seat the new national government in Delaware.
Despite the fact that both factions supported the Constitution, there was still some fighting over the election of delegates. Once selected though, there was little argument. Ten delegates from each of the three counties met in Dover, as scheduled, on December 3, 1787. Thirty delegates showed up and found themselves in agreement. Four of the participants at the ratifying convention were men who had signed the Constitution on behalf of Delaware in Philadelphia. After four days of review and relatively little argument, the Convention voted to ratify the Constitution in full and without any amendment on December 7. It was a unanimous 30-0 vote. The convention also voted unanimously to donate land for the new federal capital.
Pennsylvania Ratification
Pennsylvania had hoped to be the first state to ratify. The Assembly proposed calling a convention on September 28, before they even heard that the Confederation Congress was forwarding it to the states. Its reason for the rush was that the session was supposed to end on September 29. Members of the assembly did not want this to wait until the next session. A majority in the current legislature favored the new Constitution. It was not clear if a new legislature, following elections, would be as enthusiastic. Pennsylvania also wanted to be a contender for the new national capital. It was thought that an early and enthusiastic ratification would help them in that competition.
Unlike Delaware, Pennsylvania had some opposition. These men, who came to be known as the antifederalists, objected to the new constitution. Initially, they objected to the speed with which the assembly was moving. They opposed calling a convention before the Confederation Congress had acted. One member of the assembly noted that Article 13 of the Articles of Confederation required Congress’ assent to any changes in the terms of the union Therefore Pennsylvania’s actions before Congress said anything was unconstitutional.
Most Pennsylvanians had not even had a chance to see the proposed document. Although the legislature rushed thousands of copies to be printed and distributed across the state, in both English and German, it would take time to reach remote parts of the state, where opposition was likely to be stronger.
Antifederalist members attempted to prevent a quick vote on a convention by staying away from the state house, thus denying the assembly the required two-thirds for a quorum. If they simply refused to show up, the legislature would dissolve on September 29th, and the state would have to wait until after the new elections to schedule a convention. This would mean that, even if Pennsylvania supported the constitution, it would not be until the spring of 1788, after many other states had already acted.
In response, the Assembly sent out the sergeant at arms who, with the assistance of a Philadelphia mob, dragged two unwilling delegates back to the state house, thus giving them a quorum and voting for the convention. The conservatives in the Assembly supported the measure, and were joined in support by nine of their traditional opponents. The result was an overwhelming vote in favor of the convention. Initially, the majority planned to call a convention in two weeks, mid-October. After some debate they moved this back a few more weeks to November 20.
Many local leaders expected the voters to be pretty evenly divided. Pennsylvania had dealt with a pretty radical political division for years. Its radical 1776 constitution was popular with the common people, but heavily criticized by wealthier merchants. Many saw the new US constitution as an opportunity to undermine some of the more radical elements of the state constitution.
Following the adjournment of the legislature, a large group of the opposition signed an address objecting to the treatment of their members being dragged into the state house to force a quorum and also to their more general objections to the constitution itself.
The election of delegates, however, came in much more in favor of the proposed constitution than most expected. Federalists at the convention outnumbered antifederalists by about two to one. Antifederalists proposed delaying the convention for another six months or so, giving the people more time to learn about the new constitution. Since most other states were not planning conventions until then, they saw no reason to rush. Federalist delegates, however, saw they had the advantage now, and voted down the proposal.
James Wilson was the only delegate to the Constitutional Convention who also went to the ratification convention. He led the delegates in favor of ratification, telling the delegates how the Convention had to make compromises to make a document palatable to all the states. His most important win was to get the convention to accept that they had to give a yes or no vote to the entire convention. They could not vote on parts of the constitution nor suggest changes.
Opponents proposed multiple amendments and moved that their suggested changes at least be recorded in the record. The majority rejected this and other efforts even to suggest any changes. Frustrated by being shut out of any discussions, Antifederalists published a pamphlet with their proposed changes to be circulated publicly. This might have gotten some public support, but it was too late for the convention.
After about three weeks of debate, the convention voted 46-23 in favor of the Constitution as proposed. Pennsylvania’s ratification of December 12 was just five days after Delaware’s.
Even after the state convention voted for ratification, the antifederalist circulated a petition, signed by thousands, objecting to the Constitutional Convention exceeding its authority and requesting that the legislature not confirm the results of the ratification convention. In the end, this was too little too late. Pennsylvania was committed to ratification.
New Jersey Ratification
The third state to ratify, and the only other state to complete the ratification process in 1787 was New Jersey. Much like Delaware, New Jersey saw the economic benefits of having import duties benefit the whole country. New Jersey imports came through the port of New York or Philadelphia, which benefited those states at the expense of New Jersey. It would also benefit from the sale of western lands that other states had to surrender. New Jersey’s government at the time was big on paper money, something the new federal Constitution would prohibit. Even so, state leaders seemed to think the Constitution would be a net positive for the state.
New Jersey also owned a disproportionate amount of federal debt from the war. If the new government increased chances of that money being repaid, it would greatly benefit the state. New Jersey had been the first state to choose delegates to attend the convention. Despite the fact that its delegates had initially proposed many of the changes made at the Convention, state leaders still strongly backed the final document as much better than the Articles of Confederation.
Like Delaware, the New Jersey legislative session began in late October. It took up the Constitution right away and quickly authorized a state convention. The election of delegates to the convention took place in late November. Three delegates were chosen from each of the state’s thirteen counties. The convention met in Trenton on December 11.
The New Jersey Convention was much like Delaware’s. There was almost no opposition, and a general consensus to support the document. The delegates spent a week setting up rules for themselves, reviewing petitions and letters sent in by citizens, and reviewing the document itself. With relatively little debate, the delegates agreed unanimously to approve the Constitution, without any changes, on December 18. The convention remained in session for two more days, while delegates signed two copies of their resolution, one to send to the Confederation Congress and the other for the state archives. Delegates also offered up ten square miles of land to host the new federal capital. They also paid delegates for their time and sent them home on December 20.
Georgia Ratification
A fourth state began consideration of the Constitution in 1787. Georgia received the proposed constitution on October 10 when William Pierce returned with a copy for Governor George Mathews. His copy also included Congress’ September 28th decision to transmit the proposed document to the states. The following day, a local newspaper printed copies to be distributed throughout the state.
One might expect to find some antifederalist sentiment in Georgia. The state had regularly quarreled with the Continental Congress both during and after the war. The biggest post war issue was with regard to treaties with Indians. Georgia wanted to make its own treaties, and openly resented Congress’ efforts to come to terms with the native inhabitants. Georgia had land claims reaching all the way to the Mississippi River. It had seen more westward expansion of its population than any other state since the end of the war. It did not want to cede even more diplomatic power to a federal government.
Georgia’s interest in the process up until this point had been less than enthusiastic. Georgia had appointed five delegates to the convention in Philadelphia. Only four showed up. None of them stayed for the entire convention. During most of the convention only two Georgia delegates were present, and none of them seemed to contribute much to the debate. Their most active delegate, Abraham Baldwin, spoke only eight times during the Convention.
One of the more important issues to the Georgia delegation was the protection of the slave trade. Because of the efforts of Georgia and South Carolina, the convention had ended up protecting the slave trade, but only for twenty years.
If Georgians were ambivalent about some of the provisions in the proposed Constitution, other matters had taken precedence. The state’s westward expansion had created another problem for Georgia. The Creek Indians, who had suffered continued encroachments on their land by Georgia settlers, were ready to start an all out war with Georgia. The hostility had heated up particularly throughout 1787 and was reaching a boiling point. Georgia, with a relatively small population, only slightly larger than Delaware, needed the help of other states if the Creek went to war with them. Refusal to join the new union of states could mean horrific defeat against an enemy known to be merciless in its warfare.
Georgia also shared a southern border with Florida, back in Spanish hands. There was a great concern that relations with Florida would not remain amicable. Georgia could not exist on its own next to such a powerful neighbor. George Washington gave his thoughts on Georgia’s ratification put it in a letter to another supporter in Pennsylvania: “if a weak state, with powerful tribes of Indians in its rear, & the Spaniards on its flank, do not incline to embrace a strong general Government there must, I should think, be either wickedness, or insanity in their conduct.”
Just over a week after news of the Constitution arrived in Georgia, Governor Mathews called the legislature into a special session to consider it. The legislature met on October 18, and considered the constitution the following week. After one day of debate, the Assembly adopted a resolution calling for a State convention to meet in Augusta beginning on December 25.
Only eight of the thirty-three delegates showed up on Christmas Day to begin the convention. They had to wait until the 28th before a quorum arrived.
The legislature had thrown a potential problem into the mix by authorizing its convention to adopt or reject the Constitution in whole or in part, meaning that delegates might simply decide some parts of the documents were unacceptable and only ratify certain parts of the Constitution. This would create a problem since there was no mechanism for other states to ratify the document in the same way that Georgia had. If different states picked apart the document, there would be no way to approve the final constitution by everyone, at least not without a second convention that could make alterations and redistribute to the states for further consideration. That could delay the process by years. Many believed it would prove fatal to the process.
Fortunately for the federalists, Georgia seemed motivated to ratify quickly. After reaching a quorum on Friday the 28th, the convention spent that day and Saturday electing officers, agreeing to convention rules, and reading through the Constitution. There is no record of any debate on the merits of the document itself, or any indication that the convention delegates gave any thought to rejecting any part of it. After taking the day off on Sunday, the delegates reassembled Monday morning and voted unanimously 26-0 to ratify the constitution in full with no changes or reservations.
It took two days to draw up the paperwork so that the convention formally confirmed its vote on January 2, 1788.
A Good Start
So, as 1787 came to an end, four states had ratified the constitution - three of them unanimously. The country was nearly half way toward the nine states needed for the constitution to go into effect.
These states had also set the precedent that ratifying conventions should simply vote yes or no. They should not try to demand amendments or other changes that would likely slow up the ratification process by years, and perhaps prevent any consensus entirely. We will continue with this next week as the ratifications move to New England.
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Next Episode 353 Ratification in New England (coming soon)
Previous Episode 351 Ratification, First Steps
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Further Reading
Websites
The Documentary History of the Ratification of the Constitution https://search.library.wisc.edu/digital/AConstitution
The Controversy Surrounding the Calling of the Pennsylvania Convention https://csac.history.wisc.edu/states-and-ratification/pennsylvania-2/pennsylvania-convention
The Carlisle Riot: https://csac.history.wisc.edu/document-collections/popular-culture-and-ratification/celebrations-of-ratification/carlisle-riot
The [Pennsylvania] Petition Campaign Against Ratification https://csac.history.wisc.edu/states-and-ratification/pennsylvania-2/petition-against-ratification
The Address and Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to their Constituents https://csac.history.wisc.edu/wp-content/uploads/sites/281/2024/05/DC9-02-03-02_Address-and-Reasons-of-Dessent_12Dec87.pdf
Popular Culture and Ratification https://csac.history.wisc.edu/document-collections/popular-culture-and-ratification
Free eBooks
(from archive.org unless noted)
This Constitution: From Ratification to the Bill of Rights, Washington, DC: Congressional Quarterly, Inc. 1988 (borrow only).
Brant, Irving James Madison: Father of the Constitution, 1787-1800. Bobbs-Merrill Co. 1950 (borrow only).
Donovan, Frank R. Mr. Madison’s Constitution: The Story Behind the Constitutional Convention, New York: Dodd, Mead & Co. 1965 (borrow only)
Ford, Paul L. Pamphlets on the Constitution of the United States, Brooklyn, NY: 1888.
Jensen, Merrill (ed) Ratification of the Constitution by the States: Pennsylvania, State Historical Society of Wisconsin, 1976 (Univ. Wisconsin Website).
Jensen, Merrill (ed) Ratification of the Constitution by the States: Delaware, New Jersey, Georgia, Connecticut, State Historical Society of Wisconsin, 1978 (Univ. Wisconsin Website).
Mason, Alpheus T. The States Rights Debate: Antifederalism and the Constitution, Oxford Univ. Press, 1972.
McCormick, Richard P. Experiment in independence: New Jersey in the Critical Period, 1781-1789, Rutgers Univ. Press, 1950 (borrow only)
McMaster, John Bach (ed) Pennsylvania and the Federal Constitution: 1787-1788, Historical Society of Pennsylvania, 1888.
Books Worth Buying
(links to Amazon.com unless otherwise noted)*
Bailyn, Bernard (ed) The Debate on the Constitution : Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle Over Ratification, Part One, Library of America, 1984 (borrow on archive.org).
Bradford, M.E. Original Intentions: on the Making and Ratification of the United States Constitution, Univ. of GA Press, 1993 (borrow on archive.org).
Conley, Patrick T & John P. Kaminski The Constitution and the States: The Role of the Original Thirteen in the Framing and Adoption of the Federal Constitution, Madison House, 1988 (borrow on archive.org).
Morris, Richard B. Witnesses at the Creation: Hamilton, Madison, Jay and the Constitution, Holt, Rinehart & Winston, 1985.
* As an Amazon Associate I earn from qualifying purchases.
