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Toward an American Revolution
Exposing the Constitution
and other Illusions
Jerry Fresia
South End Press
Boston, MA
Copyright © 1988 by Jerry Fresia
Cover design by Dan Spock
Produced by the South End Press collective
Printed in the USA
First edition, first printing
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Library of Congress Cataloging-in-Publication Data
Fresia, Gerald John.
Toward and American revolution: exposing the Constitution and Other illusions by Jerry
Fresia.
p. cm. Includes bibliographical references and index.
ISBN 0-89608-298-9: $25.00. ISBN 0-89608-297-0 (pbk.): $10.00
1. Elite (Social sciences)--United States--History. 2. Social classes--Political
aspects--United States--History. 3. United STates--Constitutional history. I. Title.
JK1788.F74 1988
306'.2'0973--dc19 8-14784
South End Press, 116 Saint Botolph St., Boston, MA 02115
In memory of Malcolm X
Table of Contents
Acknowledgements
Chapter 1:
Afraid To Reflect
Part I: A Constitution that Disrespects its People
Chapter 2:
Counterrevolutionay Tendencies
Chapter 3:
The Constitution: Resurrection of an Imperial
System
Part II: A System of Injustice
Chapter 4:
The Lie
Chapter 5:
The Constitution and Secret Government
Part III: A Song Without Knees
Chapter 6:
When Protestors Become Police
Chapter 7:
The Need for Revolutionaries
Appendix A: Constitution of the USA
Appendix B: Federalist Paper #10
Index
Acknowledgements
I would like to thank Kenneth M. Dolbeare, Nancy Netherland, Richard Mansfield, Sandia
Siegel, and Bethany Weidner for their criticisms and suggestions, and John McGee for his
technical support. I would like to thank the members of South End Press for their work and
their confidence in me, especially Cynthia Peters whose editorial support was helpful in
many ways. And finally, I would like to thank my parents, Armand and Vera, for their long
and unwavering support, their insights, and their criticism.
Rise and demand; you are a burning flame
-Montreux
1
Afraid to Reflect
What I relate is the history of the next two centuries. I describe what is coming, what
can no longer come differently: the advent of nihilism. This future speaks even now in a
hundred signs; this destiny announces itself everywhere...For some time now, our whole
European culture has been moving as toward a catastrophe, with a tortured tension that is
growing from decade to decade: restlessly, violently, headlong like a river that wants to
reach the end, that no longer reflects, that is afraid to reflect.1
- Frederick Nietzsche, 1888
Consider certain features of the lives of three men. The first was a very wealthy man.
In l787, many considered him the richest man in all the thirteen states. His will of l789
revealed that he owned 35,000 acres in Virginia and 1,119 acres in Maryland. He owned
property in Washington valued (in l799 dollars) at $l9,132, in Alexandria at $4,000, in
Winchester at $400, and in Bath at $800. He also held $6,246 worth of U.S. securities,
$10,666 worth of shares in the James River Company, $6,800 worth of stock in the Bank of
Columbia, and $1,000 worth of stock in the Bank of Alexandria. His livestock was valued at
$15,653. As early as 1773, he had enslaved 216 human beings who were not emancipated until
after he and his wife had both died.2
The second man was a lawyer. He often expressed his admiration of monarchy and,
correspondingly, his disdain and contempt for common people. His political attitudes were
made clear following an incident which occurred in Boston on March 5, 1770. On that day, a
number of ropemakers got into an argument with British soldiers whose occupation of Boston
had threatened the ropemakers' jobs. A fight broke out and an angry crowd developed. The
British soldiers responded by firing into the crowd, killing several. The event has since
become known as the Boston Massacre. The soldiers involved in the shooting were later
acquitted thanks, in part, to the skills of the lawyer we have been describing, who was
selected as the defense attorney for the British. He described the crowd as a motley
rabble of saucy boys, negroes, and molattoes, Irish teagues and outlandish jack
tarrs.3
The life of the third man was more complex, more filled with contradiction than the
other two. He was wealthy. He owned over 10,000 acres and by 1809 he had enslaved 185
human beings. States one biographer, He lived with the grace and elegance of many
British lords; his house slaves alone numbered twenty-five. Yet slavery caused him
great anxiety; he seems to have sincerely desired the abolition of slavery but was utterly
incapable of acting in a way which was consistent with his abolitionist sympathies. He
gave his daughter twenty-five slaves as a wedding present, for example. And when
confronted with his indebtedness of $107,000 at the end of his life in 1826, he noted that
at least his slaves constituted liquid capital. He had several children by one of his
slaves and thus found himself in the position of having to face public ridicule or keep up
the elaborate pretense that his slave children did not exist. He chose the latter course
and arranged, discreetly, to have them run away.4
Who are these three men? We know them well. They are among our Founding
Fathers, or Framers as we shall call them. They are the first three presidents of
the United States, George Washington, John Adams, and Thomas Jefferson.
The brief sketches of these men are but glimpses into their personal lives, but some of
the details are significantly revealing. They suggest that the Framers, far from champions
of the people, were rich and powerful men who sought to maintain their wealth and status
by figuring out ways to keep common people down. Moreover, I shall present additional
evidence about the lives of the Framers, the Constitution, and the period in which it was
written which supports the contention that the Framers were profoundly anti-democratic
and afraid of the people. Some of the information may be surprising. In 1782, for example,
Superintendent of Finance Robert Morris believed that a stronger central government was
needed to restrain the democratic spirit in the states. Eric Foner tells us
that Morris's private correspondence reveals only contempt for the common
people. 5 Benjamin Rush, the
distinguished scientist and physician from Philadelphia and Framer (although he was
not at the Constitutional Convention), would often refer to common people as
scum. Alexander Hamilton called the people a great beast.6 Not all the Framers resorted to name calling, but it
is clear that they feared and distrusted the political participation of common people.
Perhaps even more shocking than the personal opinions of the Framers, is the process by
which the Constitution was ratified. As described in more detail in Chapter 3, secrecy,
deceit and even violence played key roles in the Constitution's passage. These unsavory
tactics were used by the Framers and their allies because the majority of the people were
against the ratification of the Constitution. What is striking about this historical fact
is its similarity with public policy and elite decision-making today. At times, the
interests of elites and the public interest coincides. When it does not, however, elites
tend to go ahead anyway. And because so much of what corporate-government elites believe
to be in the national interest violates accepted standards of decency, many public
policies are formulated and carried out covertly. But the point here is that covert and
anti-democratic measures are not new developments. They have been the method of
guaranteeing class rule ever since the Framers decided that they needed the present
political system to protect their power and privilege.
It is contrary to everything we've been taught about the Framers to hear that they felt
contempt for common people and that their Constitutional Convention was profoundly
undemocratic. Indeed such accusations sound even less familiar in the context of the late
1980s when celebrations of the Constitution's bicentennial have brought adulation of this
country's political origins to new and even more mindless heights. In its issue
celebrating the bicentennial, Newsweek gushed, The educated men in
post-Revolutionary America, (and one must presume that this includes the Framers),
embraced the political tradition of participatory democracy, the social pretense of
virtual classlessness and the economic fact of absolute equality of opportunity. 7 The Founding Fathers are always the
champions of freedom, justice, and democracy. Reverence is due to those
men..., states Time magazine in its special bicentennial issue. 8
Books and celebrity television specials packed with familiar myths and illusions have
been churned out by the dozens. The Constitution itself is the greatest single
document struck off by the hand and mind of man we are told by the the Commission on
the Bicentennial of the the U.S. Constitution. Thus on the 200th anniversary of the
completion of the Constitution, former chief justice Warren Burger, on national TV, led
the nation's school children and teachers in a recitation of the Preamble (We the
people...) and President Reagan led the country in a recitation of the Pledge of
Allegiance. One of the many books honoring our Constitution, We The People by
Peter Spier, begins by stating that the U.S. Constitution is the oldest and most
significant written document of our history. He goes on to say that the Constitution
has come to symbolize freedom, justice, equality, and hope for American citizens as
individuals and as a collective, democratic nation. For two hundred years the Constitution
has provided its people with rights, liberties, and a free society that people of other
nations can only dream of. How familiar Spier's words sound to those of us who have
grown up in the United States. From our earliest days we are taught to glorify the Framers
and the great American democracy that is their legacy. Even as adults we are
still expected to accept the same grade-school, cartoon-like version of our founding.
As citizens we are supposed to be like the nation's school children who are given no
choice but to stand by their desks and mindlessly recite a pledge of allegiance to a flag,
a pledge that was introduced into schools at the turn of the century to counter the
influence of ideas that immigrant school children had received from their parents and from
distant lands. The fundamental purpose of bicentennial ideology, then, is to encourage us not
to explore competing ways of thinking or to ask hard questions about our heritage. We are
not encouraged to think because it is understood that thinking sometimes leads to
disagreement, or worse, to the challenging of some sacred text. Instead we are encouraged
to believe. Efforts to transform thinking citizens into believing citizens, we should
point out, really began at just about the time that the Framers were planning the
Constitutional Convention. Disturbing symptoms that common people were ignoring customs of
social deference and were beginning to think for themselves led some Framers such as John
Dickinson to urge that political instruments be devised to protect the worthy
against the licentious. Benjamin Rush, in a proposal entitled The Mode of
Education Proper in a Republic, stated: I consider it possible to convert men
into republican machines. This must be done, if we expect them to perform their parts
properly, in the great machine of the government of the state. And so it must be
done today, if people are to perform their parts properly. The aim of the
ideological manager is, in effect, the creation of millions of republican
machines.9
Common sense tells us that people who spend a good deal of time either acquiring or
protecting a vast personal empire or defending a king's soldiers against the dispossessed
would also have believed that the possession of enormous privilege was just and that
protection of that privilege ought to be sought and maintained at considerable cost.
Common sense should further compel us to wonder whether such people could write a
constitution that would effectively transfer power from their few hands into the hands of
the many, that is, into the hands of the poor, the debtors and people without property.
Brian Price, an American historian who has spent countless hours studying early American
elites' rise to power, asks a similar question: Is it possible for a class which
exterminates the native peoples of the Americas, replaces them by raping Africa for humans
it then denigrates and dehumanizes as slaves, while cheapening and degrading its own
working class - is it possible for such a class to create democracy, equality, and to
advance the cause of human freedom? The implicit answer is, No. Of course
not.
There is a more specific purpose to all of this, however. If we do accept the illusion
- the Constitution as sacred, a shrine up in the higher stretches of American
reverence as Time magazine put it, then the serious problems that we face
today would have to be aberrations, or deviations from the sacred text. The fundamental
principles embedded within the Constitution, because it is the greatest single
document struck off by the hand and mind of man [sic] and probably ordained by God
at that, are intrinsically good. Only the sins of inept bureaucrats and politicians or the
zealotry of ideologues ever get us into serious trouble. It follows from this mythology
that there are no fundamental connections between the Constitution and the current crisis.
Solving our problems always means going back to the Constitution and, not coincidentally,
to the power relationships and privilege in the private sphere (or economy) which the
Framers sought to protect.
For example, as Constitutional celebrations were unfolding in the summer of 1987, so
too was the tale of government drug-running, assassination, secret government, and private
control of foreign policy known as the Iran-Contra affair. A documentary produced for the
public broadcasting system, The Secret Government: The Constitution in Crisis,
and which aired in the fall of 1987, broke new ground by revealing to a mass audience some
of the facts regarding the role that the federal government has played in assassinating
foreign leaders and in over-throwing democratically elected governments. Yet the
documentary was quite explicit in stating that this secret government, rather
than possibly having its roots in the distrust and fear of common people expressed by the
Framers or in their protection and elevation of private power, is a violation of
Constitutional principles. Of course, the Constitution was never critically examined.
Instead, the sense of empowered citizenship was invoked as the hallowed words We the
People were dragged slowly and dramatically across the screen, patriotic music
provided the backdrop of sanctification, and Bill Moyers intoned, Our nation was
born in rebellion against tyranny. We are the fortunate heirs of those who fought for
America's freedom and then drew up a remarkable charter to protect it against arbitrary
power. The Constitution begins with the words `We the People.' The government gathers its
authority from the people and the governors are as obligated to uphold the law as the
governed.
So what is missing? Moyers said not a word about corporate power, which the Framers
chose to insulate from popular accountability and which has since grown and become
concentrated and arbitrary in ways unimaginable to elites of the eighteenth century. The
failure of the Constitution to provide checks against corporate (private) power can be
directly linked to the private control of foreign policy. This defect, so obviously
undemocratic, has become increasingly exposed. Moyer's revelations divert our attention
away from this essential flaw and thus serve as a quite sophisticated, albeit ineffective,
cover-up. Nor did Moyers tell us that some government officials such as the Director of
Central Intelligence, who may spend money without regard to the provisions of law
and regulations relating to the expenditure of government funds, are not obligated
to uphold certain laws as are the governed. Could it be that by design the Constitution
requires that a few considerate and virtuous citizens check and balance the
interested and overbearing majority? Perhaps, but such subtleties tend to
complicate, if not contradict, what must be among the greatest stories ever told, namely
that the Constitution begins with the words, We the People. Stop there, we are
told. Do not go any further. For to go beyond the grade-school version of our founding is
to raise the possibility that the Constitution might be defective in some fundamental way.
Viewers might conclude that U.S.-sponsored terrorism may not be a deviation from
Constitutional principles but rather the logical consequence of a system which protects
the freedom of a handful of Americans to control a good deal of the earth's resources and,
correspondingly, the lives of millions of people scattered around the globe. Similar
connections between our founding ideas and the virulent racism that now exists, the
subordination of women, the massive inequality that marks our society, and what some are
pointing to as irreversible environmental degradation could also be made. To move beyond
the history constructed for us, then, would be to admit the possibility that one could
expose and call into question the legitimacy of the Framers and the system of elite rule
they established through the Constitution. It would be permitting citizens of today to
become more intimately familiar and identified with the lives and values of the people - a
majority - one must emphasize, who opposed the Constitution at the time it was given to
the states for ratification. Of course, if the ideological managers were to permit an
honest reassessment of who the Framers really were and what they really did, nothing might
come of it. But it is the very intensity itself of the ideological stranglehold over our
own history which suggests that it is ruling elites, not you or I, who are afraid that if
a candid assessment of the Framers and the Constitution were to become common knowledge,
it would help citizens to explain their sense of political powerlessness and invite the
kind of self-discovery that underlies effective radical politics. The monopoly of
truth, including historical truth, states Daniel Singer, is implied in the
monopoly of power.
Three Obstacles to Effective Radical Politics
The central theme of this book can be summarized as follows: We live in an undemocratic
system that is a major source of terror and repression, both at home and around the world.
In large measure this is due to the tremendous concentration of unchecked corporate power.
Our responsibility, as citizens and as a people, is to challenge the structure of power
within our society, particularly the private power of the corporate-banking community. The
Constitution prohibits this. In fact, the Constitution was intended to ensure that only a
few people would run the government and that they would be the few who would run the
economy. The crisis confronting us, in other words, demands effective radical politics and
a departure from many Constitutional values, assumptions, and principles. Effective
radical politics, however, is inhibited by our acceptance and glorification of the
Constitution and the Framers who engineered its ratification. It is as if we believe the
IBM ad which stated, The Constitution is a political work of art...and...It's also
the most important contract of your life. We shouldn't have to depend upon or live
by IBM's conception of justice today anymore than we should have to depend upon or live by
the conception of justice articulated by rich and powerful white men, many of them
slaveowners, who lived 200 years ago. Our values are not their values. The government of
the United States does not, in its policies, express the decency of its people. It lacks
legitimacy. And we need to confront that fact.
Ideologically, then, there are three obstacles to effective radical politics. They are
1) respect for the Constitution as a fair and equitable and democratic document; 2) the
underlying belief that the U.S. government is fair, acts justly, or would under ordinary
circumstances; and 3) a reluctance on the part of most citizens whose values are at odds
with those expressed by corporate and state policy to engage in confrontation. In Chapters
2 through 4, I discuss why the Constitution is not a fair and equitable document, why it
impedes rather than encourages democracy, and why it is, ultimately, a constitution that
disrespects its people. In Chapters 4 and 5, I explain why I believe that the government
of the United States, in order to meet its obligation of protecting the private empire of
corporate elites, cannot meet its obligation to promote the common interest of the
majority of its people and cannot, therefore, act justly under ordinary circumstances. I
argue in this section that we live in a system of injustice. Finally, in Chapters 6 and 7,
I argue that each of us as citizens must develop a sense of self-respect and
self-confidence that necessarily challenges the role set for us by the Framers as obedient
and dependent republican machines. We need, as I explain below, to learn a
song without knees. Before moving on, let us discuss each of these obstacles a
bit further and then briefly review the lives of the founding fathers so that
we get a better sense of just who they were.
A Constitution That Disrespects Its People
I have been suggesting that at the very heart of our political institutions, at the
very core of our way of doing politics is fear and distrust of the political activity of
common people. As we explore more deeply the vision of the Framers and the historical
context of their work, we shall find that the Framers repeatedly expressed what they felt
was the need to check and balance the political expression of people who were not
like themselves, who were not involved in the market economy, who did not own much
property, and who were not very rich. John Adams believed that Men in general...who
are wholly destitute of property, are also too little acquainted with public affairs to
form a right judgment, and too dependent on other men to have a will of their own.10 In fact, when the Framers used the term the
people they had in mind the middling property owning people or,
generally speaking, the middle class. It is the political expression of this middle class
which they also distrusted but which they felt they had to permit if property owners were
to be free from government interference. The Framers were thus willing to permit the
limited participation (through the House of Representatives - remember that the
Constitution did not permit the direct election of the Senate and we still do not elect
the president directly) of white males who met state property qualifications.
The political expression of classes below the middle class property owners, women, or
people of color, indentured servants, or people with no property - in short, the
people in the first instance as Charles Pinckney called them, or the majority,
was simply nonsense and wrong. Political expression by these
groups was not permitted and as we shall note, the Constitution was purposefully made to
be anti-majoritarian in several ways. Representatives were to be of and among the
better people who would have a material stake in society, who would be less given to
some common impulse of passion, and who would be able to tell us what our real needs and
interests are. Amendments have broadened the definition of the people to
include most of those who were excluded in 1787. But the Constitution's very design, its
processes, and its structure still gives life to the eighteenth century elitist belief
that rich and powerful people ought to rule. The Constitution still disrespects the
political wisdom of most people, of workers, particularly people of color, of women, and
of those who happen to be poor.
A System of Injustice
The vision of the Framers, even for Franklin and Jefferson who were less fearful of the
politics of common people than most, was that of a strong centralized state, a nation
whose commerce and trade stretched around the world. In a word, the vision was one of
empire where property owners would govern themselves. It would be a nation in which
ambitious industrious (white Anglo-Saxon) men would be finally free from the Crown and
from the Church to do with their property as they pleased and as their talents permitted.
It would be a nation organized around private power where there would be freedom to
acquire wealth and the function of the state and of its executive would be to protect
these freedoms and opportunities, defined as natural rights. Meanwhile, it was perceived
that the only real threat, to paraphrase Madison, to the rights of the few virtuous
citizens and therefore to the common good, would come from the overbearing
majority, the people without property. For it is the less virtuous and less industrious
people, the people in debt for example, who would seek to redistribute property and invade
the rights of others.
There is a tension, then, between the elite who privately own productive resources and
the multitudes who are made dependent, who, as Karl Marx noted, must sell their lives in
order to live. Within this relationship of power, the Constitution protects the power of
the more powerful. It does this because the Framers believed that it was the right of a
few better people to own and control much of the earth's resources. And it
does this because the Framers believed that the lives of women, people of color, and the
poor ought to be defined in terms of the desires and interests of the rich. Resistance to
this tyranny, from the Whiskey Rebellion of 1794 to the revolutionary leaders of today who
are genuinely committed to directing meager resources to the majority poor in the Third
World, are and have been brutally repressed because the national army created by the
Constitution is directed by that document to preserve these relationships of disparity. Of
course, relationships of disparity are not referred to as such by elites. They would
prefer to call them our rights and our freedom. Thus
our concepts of rights and of freedom are interwoven with the Framers' vision
of conquest and empire and privilege.
A Song Without Knees
Eric Foner writes that in the minds of the founding fathers was a
view of human nature as susceptible to corruption, basically self-interested and
dominated by passion rather than reason. It was because of this natural `depravity' of
human nature that democracy was inexpedient: a good constitution required a `mixed'
government to check the passions of the people, as well as representing their
interests. We should add that the founding fathers were less worried
about checking their own passions. They did not see themselves as depraved. Only common
people were depraved.11
We are the legacy of that warped view. Thomas Ferguson and Joel Rogers point out that
none of the major initiatives of the Reagan administration (tax cuts for the rich, budget
cuts in social programs, and increased militarism, particularly increased funding for
nuclear weapons and the sponsorship of terrorist armies such as the Contras) followed
popular initiatives. Instead they were initiated by business elites.12 Ours is a system, as Noam Chomsky regularly reminds us, of
elite decisionmaking with occasional ratification by an irrelevant public. When one
studies the views of the Framers, one discovers that it was never intended to be
otherwise. The larger problem, however, is that we have become used to playing a
subservient role. We live, politically, on our knees.
Martin Luther King, Jr. at times stated that perhaps one of the greatest
accomplishments of the Civil Rights movement was that blacks, who had been brought to
America in darkness and chains, had learned to straighten up their bent
backs. We won our self-respect, he said. An inner sense of dignity had
been acquired. Stephen Oates, a King biographer, writes with regard to one particular
woman in the movement:
For her and the others who participated, the movement of 1965 became the central event
of their lives, a time of self-liberation when they stood and marched to glory with Martin
Luther King. Yes, they were surprised at themselves, proud of the strength they had
displayed in confronting the state of Alabama, happy indeed, as Marie Foster said, to be
a new Negro in a new South - a Negro who is no longer afraid. And that perhaps
was King's greatest gift to his long-suffering people in Dixie: he taught them how to
confront those who oppressed them.......13
In so many ways all of us live in chains and darkness. Writes Starhawk, Women,
working-class people, people of color, and people without formal education, are
conditioned to think of their opinions and feelings as valueless. They are taught to
listen to an inner voice that murmurs, `You shouldn't say that. You only think that
because something is wrong with you. Everybody else knows more about things than you do.'
14 We have yet to learn to straighten our
backs. We wish to believe that confronting those who disrespect us is somehow bad or
itself disrespectful. But we need to learn that proper confrontation is a source of
dignity and a necessary first step to politics. Otherwise politics becomes draining. For
without a sense of confidence and purpose we play by the rules the Framers set down, rules
that were designed for the depraved.
In Nicaragua, there is a song called Song Without Knees. It tells of life
under the dictator Somoza and how the revolution was a process in which people learned to
get off their knees, learned to stand up and express themselves as healthy and creative
people. Here in the United States we too need to learn a Song Without Knees so
that we can create space for a politics without knees, a politics which is rooted
not in the fear and distrust of common people, but one which departs fundamentally from
the myths and illusions of the founding period which hold many of us hostage in a state of
comfort, denial, and unfortunately, irresponsibility.
The Founding Fathers
These 35 Framers were considered the most active. Unless otherwise indicated, the
following information was drawn from chapters 5 and 7 of Charles Beard, An Economic
Interpretation of the Constitution of the United States (New York: The Macmillan
Company, 1948); Chapter 8 of Clinton Rossiter, The Grand Convention (New York:
The Macmillan Company, 1966); and Page Smith, The Constitution (New York: William
Morrow and Company, 1978).
Abraham Baldwin of Georgia
He was a wealthy lawyer who possessed a few thousand dollars worth of public
securities. He wanted the Senate to be composed of men of property so that they could
check the House of Representatives which was apt to be composed of men of less substantial
wealth and therefore closer to the common people.
Gunning Bedford of Delaware
He was the son of a substantial land owner, a lawyer, and was eventually
elected governor of his state. He was in favor of a more democratic Constitution than the
one we have now which he felt checked the Representatives of the People more
than was necessary.
William Blount of North Carolina
He was born into a substantial planting family and was very deeply involved in land
speculation. He enslaved human beings.
Pierce Bulter of South Carolina
He enslaved thirty-one human beings. He also was a stockholder and director of the
first United States bank. He felt that no congressional representatives should be directly
elected by the people, that the Senate ought to represent property, and that slavery ought
to be protected. He was responsible for the Constitution's fugitive slave law and he also
warmly urged the justice and necessity of regarding wealth in the apportionment of
representation.
George Clymer of Pennsylvania
He possessed a large fortune, held public securities, and helped create the Bank of
Pennsylvania. He believed that a representative of the people is appointed to think
for and not with his constituents. And later as a member of Congress he showed
a total disregard to the opinions of his constituents when opposed to the matured
decisions of his own mind.
John Dickinson of Delaware
He was a member of one of the established landed families of the South, a lawyer, and
he married into one of the wealthiest commercial families in Philadelphia. He wanted a
monarchy and refused to sign the Declaration of Independence. He seems to have constantly
worried about the dangerous influence of those multitudes without property &
without principle.
Oliver Ellsworth of Connecticut
He was the most successful lawyer Connecticut had yet known with a fortune quite
uncommonly large. He held public securities and invested in the Hartford Bank and
the Hartford Broadcloth Mill. He was also regarded, perhaps more than any other member at
the Convention, as someone who feared levelling democracy. He argued that
voting be limited to those who paid taxes. Regarding slavery he said, As slaves
multiply so fast...it is cheaper to raise than import them....[But] let us not
intermeddle. As population increases; poor laborers will be so plenty as to render slaves
useless.
Benjamin Franklin of Pennsylvania
He was a printer, scientist, author, diplomat and land speculator who had accumulated a
considerable fortune. More than anyone at the convention, he was sympathetic
to meaningful self-government. Because of this he was known to have serious doubts about
the Constitution but signed it anyway. Charles L. Mee, Jr., in The Genius of the
People, states, Franklin disliked the document, thinking it cheated
democracy.
Elbridge Gerry of Massachusetts
He was a Harvard graduate and a merchant with a considerable estate. In reference to
the political unrest at the time of the Convention, he complained that The evils we
experience flow from the excess of democracy. He did not want any members of the new
national government to be elected by popular vote, having been taught the danger of
the levelling spirit. Although he was quite active at the Convention, Gerry had
numerous objections to the final draft and he refused to sign it.
Nathaniel Gorham of Massachusetts
He was a successful merchant who was involved in land speculation on a large scale. He
expressed what was then the general attitude about the one chamber that was popularly
elected (given the restricted franchise) when he said, All agree that a check on the
legislative branch is necessary. He was sympathetic to monarchy and during the
Convention secretly wrote to European royalty in hope of involving someone with royal
blood in governing the United States.
Alexander Hamilton of New York
He was an eminent lawyer who perhaps more than any other delegate was responsible for
organizing the Convention, and later, as Secretary of the Treasury under President
Washington, for implementing the Constitution and institutionalizing its relation to the
private economy. He greatly admired monarchy and time and again emphasized the need to
check the amazing violence and turbulence of the democratic spirit. Hamilton
believed that government ought to be an instrument in the hands of creditors, financiers,
and bankers. When he later sought to create a national bank, he said that it would help
unite the interest and credit of the rich individuals with those of the state.15 His statement at the Convention concerning the
relationship between government, the rich, and the poor deserves to be quoted at length
because it represents what was then a very common attitude among elites:
All communities divide themselves into the few and the many. The first are the rich and
well born, the other the mass of the people. The voice of the people has been said to be
the voice of God; and however generally this maxim has been quoted and believed, it is not
true in fact. The people are turbulent and changing; they seldom judge or determine right.
Give therefore to the first class a distinct, permanent share in the government. They will
check the unsteadiness of the Second....Can a democratic assembly who annually revolve in
the mass of the people, be supposed steadily to pursue the public good? Nothing but a
permanent body can check the imprudence of democracy....It is admitted that you cannot
have a good executive upon a democratic plan.16
William Samuel Johnson of Connecticut
He was a wealthy and successful lawyer and graduate of Yale who refused to help in the
War of Independence because he could not conscientiously take up arms against
England. Clinton Rossiter describes him as the nearest thing to an aristocrat in
mind and manner that Connecticut had managed to produce in its 150 years. He was one
of the few northerners at the Convention who simply did not worry about slavery or the
slave trade.
Rufus King of Massachusetts
He was born into and married into wealthy families, was a Harvard graduate, and had
extensive mercantile and other business interests. He was also a large holder of
government securities and was later director of the first United States bank. King argued
in favor of a strong unimpeachable executive and urged that the judiciary be permitted to
check the political tendencies of common people whom he felt would use legislatures to
attack the privilege of property owners. He was responsible for the clause which prevented
any state from passing any law impairing the obligation of contracts. This
clause greatly helped the rich, as we shall see.
John Langdon of New Hampshire
He was uniformly prosperous and a man of great wealth and pressing
commercial interests, the leading merchant from Portsmouth. He was a
large creditor of the new government (the third largest holder of public securities among
all the Framers) and a strong supporter of a national bank.
James Madison of Virginia
He was a descendant of one of the old landed families, studied law at Princeton, and at
one time enslaved 116 human beings. He has been called the most active of all the
moving spirits of the new government. For this reason he is acknowledged as the
Father of the Constitution. He greatly feared that the majority of people with
little or no property would take away the property of the few who held quite a bit. He
very much liked the Constitution because he believed that it would check the majority from
establishing paper money, the abolition of debts, an equal
division of property, or other wicked projects. And in general it would
prevent the majority from discovering their own strength and from acting
in union with each other. His defense of the Constitution in Federalist
No. 10, found in the Appendix, is the most concise and clearest example of the
political thought that undergirds our political institutions. Because his role in the
design of the Constitution was so central, I shall quote him frequently; his political
thought weighs heavily upon us today.
Luther Martin of Maryland
He was a successful lawyer and graduate of Princeton, but his fortune was never large.
He enslaved only six human beings. He was in sympathy with poor debtors
generally and argued that the government ought to protect the debtor against the
wealthy creditor and the moneyed man in times of crisis. He refused to sign
the Constitution, given its protection of creditors, and fought hard against its
ratification.
George Mason of Virginia
He was a speculator in land, owning some 75,000 acres. He also owned $50,000 worth of
other personal property and he enslaved 300 human beings. Like many large slaveowners, he
feared a strong national government and a standing army. He was a strong proponent of the
right of individuals to own property without government interference. Given the lack of a
Bill of Rights and the strong central power sanctioned by the Constitution, Mason feared
that the new system would result in monarchy or a tyrannical aristocracy; he
refused to sign it. Mason is a classic example of a Framer for whom rights
meant the protection of private power and privilege. Mason did not object to the
anti-democratic features of the Constitution, rather he objected to the fact that a
national government might someday interfere with his individual freedom as a property
owner, that is, his rights.
John Francis Mercer of Maryland
He enslaved six human beings. He also held a moderate amount of public securities. He
stated that the people cannot know and judge of the characters of candidates. The
worst possible choice will be made. He left the Convention early, and strongly
opposed the ratification of the Constitution.
Gouverneur Morris of Pennsylvania
He was a lawyer who was born into the landed aristocracy of New York. A rich man, he
helped establish the Bank of North America. He was an aristocrat to the core,
once stating that there never was, nor ever will be a civilized Society without an
Aristocracy. He believed that common people were incapable of self-government and
that poor people would sell their votes. He argued, Give the votes to people who
have no property, and they will sell them to the rich who will be able to buy them.
Voting should be restricted to property owners. He shaped the Constitution more than most
men at the Convention (he made 173 speeches, more than anyone) and was responsible for the
style in which it was written.
William Patterson of New Jersey
He was a lawyer, graduate of Princeton, and attorney general of New Jersey who was born
in Ireland. He resisted the creation of a strong central government and left the
Convention early.
Charles Pinckney of South Carolina
A successful lawyer, and a considerable landowner, he enslaved fifty-two human beings.
Taking the side of the creditor against the debtor, he had been among the Congressmen who
were critical of the Articles of Confederation and sought the creation of a centralized
national government. At twenty-nine, he was the youngest member of the Convention. He
believed that members of government ought to be possessed of competent property to
make them independent & respectable. He wrote to Madison before the Constitution
was ratified, Are you not...abundantly impressed that the theoretical nonsense of an
election of Congress by the people in the first instance is clearly and practically wrong,
that it will in the end be the means of bringing our councils into contempt?
General Charles C. Pinckney of South Carolina
A successful lawyer who worked for the merchants of Charlestown, he was also a large
landowner in Charleston, and he enslaved human beings. He felt that the Senate ought to
represent the wealth of the country, that members of the government ought to
hold property, and according to Clinton, believed in the need for stiff measures to
restrain the urges of arrant democracy.
Edmund Randolph of Virginia
He was a successful lawyer who owned 7,000 acres of land. He enslaved nearly 200 human
beings. He held considerable public securities. He believed that the problems confronting
the United States at the time were due to the turbulence and follies of
democracy. The new Constitution, therefore, ought to check popular will. He thought
that the best way of doing this would be to create a independent Senate composed of
relatively few rich men.
George Read of Delaware
A successful lawyer who lived in the style of the colonial gentry, enslaved
human beings, and was a signer of the Declaration of Independence. He was in favor of
doing away with states and wanted the President to be elected for life and have absolute
veto power.
John Rutledge of South Carolina
He was a very successful lawyer who also owned five plantations. He enslaved twenty-six
human beings. He said that the defects of democracy have been found arbitrary,
severe, and destructive. We see in Rutledge a clear expression of the notion that
the general welfare is, in essence, economic development and accumulation. With regard to
the issue of objections to slavery, he stated: Religion & humanity had nothing
to do with this question. Interest alone is the governing principle with Nations. The true
question at present is whether the Southern states shall or shall not be parties to the
Union. If the Northern States consult their interests they will not oppose the increase of
Slaves which will increase the commodities of which they will become the carriers.
Roger Herman of Connecticut
He was a shoemaker, storekeeper, farmer who rose from poverty to affluence and he also
owned public securities. A signer of the Declaration and drafter of the Articles of
Confederation, Sherman was not terribly enthusiastic about a strong national government.
But nor was he enthusiastic about popular sovereignty. He said, The people
immediately should have as little to do as may be about the government. They want
information and are constantly liable to be misled.
Caleb Strong of Massachusetts
He was a lawyer and Harvard graduate. He owned public securities and seems to have
accumulated considerable wealth. He was in favor of more frequent congressional elections
than what the Constitution eventually mandated. He left the Convention early and went
home.
George Washington of Virginia
As we have noted, by several accounts Washington was the richest man in the United
States and he enslaved hundreds of human beings. He made only one speech at the Convention
and seems to have had no particular theory of government. He distrusted popular democratic
tendencies and viewed criticism of the government, as Beard notes, as akin to
sedition. He also feared the growth of urban populations, stating that The
tumultuous populace of large cities are ever to be dreaded. Their indiscriminate violence
prostates for the time all public authority.
Hugh Williamson of North Carolina
Educated as a medical doctor, he inherited a great trading operation. He also
speculated in land and owned public securities. He wrote Madison following the Convention
that he thought an efficient federal government would in the end contribute to
the increase in value of his land. He sided with creditors against debtors in his state.
At the Convention he was generally in favor of shifting power away from the states toward
the national level.
James Wilson of Pennsylvania
Born in Scotland, he was a successful lawyer whose clients were primarily
merchants and men of affairs. He was one of the directors of the Bank of North
America. He was involved in the corrupt Georgia Land Company and held shares to the
amount of at least one million acres. He later became a member of the Supreme Court.
He was apprehensive, as were most of his colleagues, about the opportunity that common
people would have to express themselves politically though legislatures. But he also
believed that the judiciary would be a sufficient check on popular will. He, therefore,
was in favor of more popular participation in the selection of government officials
(popular election of the President and the Senate) than the Constitution permitted.
Notes
Chapter 1
1. Frederick Nietzsche, The Will to Power (ed.)
Walter Kaufman and (tr.) Walter Kaufman and R.J. Hollingdale (New York: Random House,
1967), 4.
2. Charles A. Beard, An Economic Interpretation of the
Constitution of the United States (New York: The Macmillian Company, 1948), 144, 145.
3. Howard Zinn, A Framers History of the United States
(New York: Harper & Row, 1980), 67.
4. Fawn M. Brodie, Thomas Jefferson (New York:
W.W. Norton & Co., 1974).
5. This statement was made in a lecture at the Evergreen
State College, Olympia, Washington, in October 1987.
6. Eric Foner, Tom Paine and Revolutionary America (New
York: Oxford University Press, 1976), 190. Here I am using the term Framers broadly. It
refers not only to those who wrote the Constitution but to others such as John Adams,
Thomas Jefferson, Benjamin Rush, Robert Morris and others who played leading roles in
shaping our political and economic institutions.
7. Newsweek , May 25, 1987, 47.
8. Time, July 6, 1987, 35.
9. John F. Kasson, Civilizing the Machine (New
York: Penguin Books, 1976), 31,32.
10. Foner, 123.
11. Foner, 90.
12. Thomas Ferguson and Joel Rogers, Right Turn: The
Decline of the Democrats and the Future of American Politics (New York: Hill and
Wang, 1986).
13. Stephen B. Oates, Let the Trumpet Sound (New
York: Harper & Row, 1982), 361.
14. Starhawk, Dreaming the Dark (Boston: Beacon
Press, 1982), 101.
15. Wilfred E. Binkley, American Political Parties (New
York: Alfred A. Knopf, 1943), 40.
16. Max Farrand, ed., The Records of the Federal
Convention of 1787 (New Haven: Yale University Press, 1966), 288.
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