At the Pennsylvania Convention, Robert Whitehill rose to speak about the proposed Constitution including—and perhaps especially—its biggest flaw. To Whitehill, despite the fact that the country’s learned people devised the Constitution, “the defect is in the system itself,—there lies the evil which. no argument can palliate, no sophistry can disguise.” The Constitution, as it was written, “must eventually annihilate the independent sovereignty of the several states” given the power that the Constitution allotted to the federal government.
The years after the Civil War, until 1877, were replete with novel uncertainties. The country had changed: the qualities that defined antebellum America had vanished; those who had been the most vocal before the war—soon-to-be Confederates—had seen their soapbox taken by the “Radical Republicans,” Republicans who sought to not only end slavery but to bring into effect equality amongst the races. Regardless of political party or geographic location, the country and its citizens had the task of reconstructing the United States, every one of them, and that task began before the Civil War’s end. President Abraham Lincoln spoke of his hope to reconcile the “disorganized and discordant elements” of the country, and he said: “I presented a plan of re-construction (as the phrase goes) which, I promised, if adopted by any State, should be acceptable to, and sustained by, the Executive government of the nation. I distinctly stated that this was not the only plan which might possibly be acceptable.”[i] Lincoln died four days later without fully setting forth his vision for how the nation may reconstruct itself, but events would soon render that vision—broad and ambiguous as it was—antiquated: soon after his death, the same federal government that had grown to enjoy extraordinary power (such as suspending the writ of habeas corpus) would go from having an authentic political genius, Lincoln, at its helm to having Andrew Johnson, a disagreeable at best (belligerent at worst) as executive; and not so long after Johnson took power, roving bands of the Ku Klux Klan acted in concert with state officials throughout the South to subjugate—by any means—those who had been freed.
Pennsylvania Ratifying Convention. November 20 through December 15, 1787. James Wilson’s Opening Address.
November 24, 1787
At the convention in Pennsylvania called for ratifying the draft Constitution, one of the foremost students of history and articulate Americans of his time, James Wilson, delivered the opening address. Just as every great storyteller knows to do, he provided the context for the moment: whereas most governments are created as “the result of force, fraud, or accident,” America “now presents the first instance of a people assembled to weigh deliberately and calmly, and to decide leisurely and peacably, upon the form of government by which they will bind themselves and their posterity.” Past governments, whether that of the Swiss Cantons, the United Kingdom’s monarchy, the United Netherlands, or the ancients—the Achaean and Lycian leagues, the Greeks, the Romans—provided examples for the three forms of government: “Monarchical, Aristocratical, and Democratical.”