III The Constitution: Written and Unwritten WISHINGTON would not have found it easy to describe the duties of the office he had accepted. While presiding over the Constitutional Conven- tion at Philadelphia he had listened with his usual care to many long debates on the subject; but the debaters themselves were uncertain. The wisest of them admitted that the nature of the new government would be largely determined by the men who took part in it and by the spirit of the country. In this they were more right than they suspected; for even when they thought they knew exactly what type of government they were building, time was often to prove that they were building the opposite. * They thought they were creating a government which would save the country from further excesses of democracy; they were really creating a government which would transform itself, with hardly a change in the written constitution, into a democracy more thorough than anything they foresaw in their gloomiest visions. They thought they were creating a government which would save the country from faction and from polit- ical parties; they were really creating a government which would soon prove that it could not perform its duties without the hell) of political parties. They thought they were creating a government which adapted to the uses of a republic the main features of the British Constitution; they were really creating a government which made forever impossible the constitutional development at that moment taking place in England. The mood in which the constitution-makers assembled at Philadelphia is described in the fifteenth number of The Federalist. ** Discussing the state of the Union under the Articles of Confederation, Hamilton wrote: We may indeed with propriety be said to have reached almost the last stage of national humiliation. There is scarcely anything that can wound the pride or degrade the character of an independent nation which we do not experience. Are there engagements to the performance of which we are held by every tie respectable among men? These are ____________________ | * | The Constitution of the United States, a model of brevity, is printed in full in the Appendix. | | ** | The best contemporary gloss on the Constitution, and one of the wisest of political commentaries. Eighty-five essays by Alexander Hamilton, James Madison, and John Jay, defending the new plan of government. The essays appeared serially in 1787 and 1788, during the struggle for ratification. | -39- |