COMMENTS and ACKNOWLEDGEMENTS

Founders of Freedom in America

There were fifty-six signers of the Declaration of Independence, and thirty-nine signers of the Constitution, six signers of both. Without any doubt, these eighty-nine signers qualify as "founding fathers." There were many others, to be sure, whose leadership, daring, and energy contributed to the establishment of the republic we know today as the United States of America, but the signers were the ones directly responsible for converting a dream into a reality.

Surmising the intentions of the "founding fathers" in writing the Constitution has been a prominent part of the national, political, and judicial scene since 1787. The Madison papers throw light upon many of the varying viewpoints that led to disagreements and ultimate compromises. It was generally agreed that loosely knit Articles of Confederation served only to increase confusion and decrease the chance to consolidate the great opportunities made possible by the hardwon military victory and the resulting freedom. There were widely divergent views as to how to achieve the desired result, namely: a federal government that preserved the essential features of republics for the colonies, yet strong enough to function as a nation in terms of treaties, fiscal matters, defense, international trade, communications, and many other rapidly expanding spheres of development.

Sixty delegates were appointed to the Constitutional Convention; fifty-five attended at least some of the sessions. The average age of the members was about forty-two. A large majority were lawyers with private practice. Only a few had seen military service in the Revolution. As a group, they were able, practical men who were keenly aware of the defects of the existing system.

The great political cleavage at the time was between the large and small states rather than between sections of the country. It was agreed that each state would have one vote on all issues. Seven states constituted a quorum. Nothing spoken in the convention was to be published or communicated without consent. It was hoped that this secrecy would eliminate later arguments when the Constitution would be submitted for ratification.

The Virginia delegation met in a caucus frequently and, on May 29, 1787, submitted the Virginia Plan for the consideration of all the delegates. It provided for three departments of government- legislative, executive, and judicial. A legislature of two houses in which the representation of states should be proportional, either to quotas of taxes or to free population, the members of the lower house to be elected by the people and those of the upper house by the lower house from persons nominated by the state legislatures; an executive to be chosen by the legislature and to be ineligible for a second term; and a judicial department to consist of a supreme court and inferior courts. The federal legislature was to have power to pass on the constitutionality of state laws. The laws of the federal legislature were to be subject to review by the excutive and part of the judiciary. The final draft of the Constitution was essentially evolved from this plan.

The so-called Pinckney Plan was probably referred to by the delegates, but was never taken very seriously. No actual copy of this plan has ever been found. That which appears on pages 247 and 248 cannot be regarded as anything but a probable approximation of this Plan.

On June 15, 1787, the New Jersey delegation submitted a Plan designed to be more favorable to the small states. The legislature was to be unicameral with each state having one vote. Congress would have added powers in taxation and commerce. The executive would be chosen by Congress and there would be a supreme court. Acts of Congress and treaties were to be the supreme law of the states. The judiciary of the states would be bound by the laws and decisions of the Congress. The federal executive was authorized to use force if necessary to execute federal acts or treaties.

The delegates carefully considered the various viewpoints and evolved a basis of government that has endured for two hundred, twenty-three years. To be sure, the amendments and interpretations have resulted in broadened applications, but the essential features remain in force as the basis of the republic.

James Madison said in The Federalist:

"The truth is that the principles of the Constitution proposed by the Convention may be considered less as absolutely new than as the expansion of principles which are found in the Articles of Confederation...If the new Constitution be examined with accuracy and candor, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS."

On the subject of representation, Madison reports James Wilson as saying:

"It was necessary to observe the twofold relation in which the people would stand. 1. as Citizens of the Genl. Govt. 2. as Citizens of their particular State. The Genl. Govt. was meant for them in the first capacity; the State in the second. Both Govts. were derived from the people- both meant for the people- both therefore ought to be regulated on the same principles. The same train of ideas which belonged to the relation of the Citizens of their State Govts. were applicable to their relation to the Genl. Govt. and in forming the latter, we ought to proceed by abstracting as much as possible from the idea of State Govts. with respect to the province and objects of the Genl. Govt., they should be considered as having no existence... The Genl. Govt. is not an assembly of the States but of individuals for certain political purposes- it is not meant for the States , but for the individuals composing them; the individuals therefore not the States, ought to be represented in it."

This is one of many interesting things about the time era of the American Revolution for me. I got the information above from a great book that I bought in a library sale in Utah, its called "FOUNDERS OF FREEDOM IN AMERICA - Biographies of the SIGNERS of the CONSTITUTION OF THE UNITED STATES" By David C. Whitney.

It has a lot of interesting things about the beginning of the American Revolution, the biographies of the signers of the Constitution of the United States, and the end of the Revolutionary War. So, my plan is to share with you about each of the Signers of the Constitution and what they sacrificed. In the coincidence that in most of the biographies there is a natural emergence of values of citizenship that should be emulated. Indeed for the most part these patriots were men of substance whose lives should serve as examples of conduct for the citizen and leader of today. Enjoy the literature and pictures of these great Americans!