8. spirit of compromise

• Luther Martin of MD opposed Virginia Plan
• joined William Paterson of NJ - 1 state, 1 vote
• George Read of DE threat to walk out
• Connecticut Compromise = Roger Sherman
• CT was trade rival of NY
• Sherman realist, small farmer
• was full-time prof. politician
• joined by Abraham Baldwin of GA
• born in CT to lower class blacksmith
• lived in west GA, vulnerable borders
• GA needed strong federal army
• July 2 vote, Baldwin split GA, 5-5 tie
• dual representation
• Slave trade = Oliver Ellsworth
• head of trade committee, from CT, also a realist, wrote 1789 Judiciary Act, would become Chief Justice of Supreme Court
• sent 3rd CT delegate W. S. Johnson, an Anglican slaveowner, to seek alliance with the South
• Gov. John Rutledge of SC had done business with North, agreed to join CT in a compromise
• no navigation acts
• "persons" trade for 20 years
• fugitive slave law in Article 4
• Slave representation = William Blount
• Blount of NC joined with land speculators in Congress
• Manasseh Cutler of Ohio Co. came from NY to Philadelphia July 11
• 3/5 count, census compromise passed July 12
• Northwest Ordinance passed July 13
• North got prohibition in NW Ordinance
• South got slave apportionment and fugitive slave provision in both
• North got taxation based on population
• South got census to prevent reapportionment
• Cutler returned to NY and on July 27 Congress approved sale of 2 million acres to Ohio Co. for 12 cents per acre
• Enumerated powers = Edmund Randolph
• Gov. Randolph had largest law practice in Williamsburg, would become Attorney-General, feared that his beloved Virginia voters would oppose a Constitution with too strong powers
• wanted to protect states rights as well as Madison's federalism
• his Committee of Detail wrote 17 clauses
• but 18th clause in Article I "elastic"
• Militia powers = Elbridge Gerry
• Gerry of MA was largest bondholder, from wealthy fishing family of Marblehead, but pro-states rights and had fear of central power
• worried about federal army sent against Shays as well as the rebel farmers
• compromise shared militia power
• states allowed to call militia, appoint officers
• Congress allowed to call militia
• Electoral College = James Wilson
• Wilson of PA was a radical democrat who was also a rich land speculator, friend of Morris
• low-born immigrant from Scotland, but well-educated, became legal scholar, sat on 1st Supreme Court
• believed in popular sovereignty rather than social contract
• June 1 vote in favor of a single executive
• compromise allowed people to elect electors
• Ratification = Alexander Hamilton
• Sept. 15 vote approved final draft
• clerk Jacob Sellers set 4 pages of 4440 words on vellum - 1
• Sept. 17 signing by 42 delegates from 12 states
• had to be approved by Congress, then ratified by 9 of 13 states in special conventions
• Delaware Dec. 7 was first to ratify
• New Hampshire was 9th on June 21, 1788
• ratification debate federalist vs. anti-federalist
• Hamilton, Madison, Jay write The Federalist Papers
• Bill of Rights added to final Constitution
• passed by Congress 1789 and ratified by states 1791