1967DISCOVERY ’67 THE CONSTITUTION

[Music] we've been at war for seven years in 1783 our fight for independence had been won the cannons were silent we were at peace now is the time for work for building our most important tool we had to make create from the beginning and today discovery is going to find out how it was done how the principles of freedom and democracy for which we had fought were fashioned into the american constitution [Music] discovery 67 the award-winning program for young people with bill owen and virginia gibson independence hall in philadelphia now stands quiet and tranquil history had been made here with the writing of the declaration of independence and now philadelphia was again to be the scene of another great struggle it was going to be a long hot ordeal that summer of 1787 it was the summer of the constitutional convention since the declaration of independence had been signed here just 11 years ago we had fought and won a war we had negotiated a piece and we were trying to build a nation as so often happens it had been easier to wage a war together than to live and work in peace well fortunately bill the men who were here to work out a constitution were experienced in many ways one was dr benjamin franklin who lived nearby his house had a garden where he would sit in the warm afternoons and talk staying with him that summer was his daughter sally base who kept house and was his hostess for the many parties ben franklin enjoyed giving [Music] [Applause] you are most welcome to my father's garden there must be much talk in the city about the convention you know general washington has been here for more than ten days waiting for the gentleman from the other states he arrived by horseback and it was the most exhilarating side i'm told he was met at the ferry by our city troop in their dashing uniforms the general has a sad time trying to detach himself from things military he wishes nothing so much as to be a man of peace and to farm his land [Music] that was washington's wish but he also knew that a constitution for this country was essential we'd been operating under the articles of confederation and each state thought of itself as a separate power almost a country in itself the states were fighting among themselves about their boundaries the smaller states feared the power of the large ones new jersey had her own custom service new york with a large port taxed everything that went through it and grew rich nine states had their own navies in massachusetts there had been an uprising known as shea's rebellion by farmers who were in danger of being ruined by heavy state taxes they marched against boston with pitchforks and staves threatening to close the courts we had fought england because of these problems and now we had them and we had no power to solve them when the news of the final victory in the revolution was brought from yorktown to the congress the members had to take up a collection among themselves to pay the messenger there was no money in the treasury we had no power to tax ourselves as a nation papa says taxes are most necessary a well-run government is like a well-run household there should be no waste but there should be no want the separate states have been most delinquent that's a harsh word i know but it's true they will not pay anything to keep our central government going in all truth i think they fear it papa says that the government is of their own making there's no reason to fear power when the right to be governed rests with the people who are to be governed also up in canada the british lion is always ready to spring and you must know that spain is trying to enlarge her domain in this new land so as you can see we will have fought a war only to lose a battle with ourselves this room had seen the writing and signing of the declaration of independence now it was to witness the creating of the american constitution when you realize what this gives us that our government and our rights are defined in it it's surprisingly short only four pages by four cornerstones the signers were 38 men from 12 states rhode island was absent she didn't approve of a strong national government and so refused to send any delegates there was alexander hamilton of new york 32 years of age one of the youngest men there benjamin franklin of pennsylvania the oldest member who was 81. robert morris also of pennsylvania he had raised money for the american revolution during the convention george washington stayed at his house james madison of virginia who is to become our fourth president james wilson of pennsylvania because of his fight for a strong central government he's been called the unsung hero of the convention john dickinson of delaware the quaker lawyer who had argued against the declaration of independence but had formed his own brigade and fought under washington governor morris of pennsylvania he's credited with the actual writing of the constitution after the convention had made the decisions two important americans were absent thomas jefferson who had written the declaration of independence was in france as our ambassador and john adams was in england trying to re-establish trade and diplomatic relations with our one-time enemy the convention was presided over by george washington who was to become our first president under this constitution on may 25th enough delegates arrived so they could get down to the business of writing a constitution [Music] at the time of the writing of the american constitution the original 13 states were about one-sixth the area of what was later to become the whole united states the population had grown to three and a half million we knew we were the beginning of a great period of growth just beyond the mountains lay the rest of this wild country waiting to become states the constitutional convention would produce the laws that were to govern both the original states and the future united states [Music] i find a cup of tea during the midday heat most refreshing it has been a desperately hot summer papa has little to say regarding matters at the convention all the delegates being under the cloak of secrecy but there are matters of great concern to him that i am most aware of you see papa is so very much for a democracy a form of government that he knows our landed and wealthy delegates may fear too much papad trusts the spirit of the common people he says wealth does not bring wisdom nor does it always bring virtue some of the greatest rogues i ever knew were the richest rogues the biggest problem in writing the constitution was to decide how the representatives of the people our congressmen and senators would be elected first there was a difference in the size of the states the small states wouldn't consider any plan in which they did not have equal representation with the larger states and the larger states felt that if they could be out voted by the smaller states they would not have fair representation we had been a small group of colonies at first dominated by the great and powerful england we knew what it was like to not be represented in the parliament of england and now there was this same fear in the small states would the larger states be a threat if they had more representatives in the national government it seemed everyone sensed they were dealing with great power as well as the future of our country fear of a strong central government seemed uppermost james wilson of pennsylvania speaking for the larger state said i do not see the danger of the national government devouring the states on the contrary i wish to keep the states from devouring the national government and gunning bedford of delaware speaking for the small states said large states by their very size threaten us they insist they will never hurt or injure the lesser states i do not gentlemen trust you so there was the sherman compromise roger sherman of connecticut who had started out as a shoemaker and probably still knew something practical about putting things together suggested a senate in which all states would have equal representation and the house of representatives that would be based on the population of the [Music] states papa is very much the diplomat and it is of great comfort to the convention to have him there he has said when a broad table is to be made and the edges of the planks do not fit the artist takes a little from both and makes a good joint in the same way here both sides must part with some of their demands in order that they may join in some accommodating proposition as i have mentioned before my father is along in years he has served his country with a full and happy heart i know what this constitution means to him it may be his last service to his country if we now fail to build a home large and diverse enough for all this great continent to occupy if we cannot accommodate the needs of east and west north and south the land of gentry and the honest farmer and tradesmen then i fear much of my father's earlier labors will have been in vain there's also another matter of great concern it is felt by many that the rights of the people all the people must be protected by this constitution [Music] it would indeed be a great folly if we could not secure for ourselves by law those freedoms we fought for by musket many of the freedoms that sally base worried about were to be taken care of in the days to come as the constitution was being written others perhaps the most important ones the bill of rights had to wait until the first congress met in 1789 the first ten amendments to the constitution clearly and specifically set forth those basic rights that these new americans felt they were entitled to as free men in this way our constitution demonstrated it was the almost perfect instrument of law we would be both governed by it and protected by it and without it the proposed union might very well have broken up even before it was formed [Music] [Applause] papa has hinted that they have come to a compromise on the matter of representation i am indeed relieved one gentleman i hear said he'd bury his bones in philadelphia before he'd quit with no solution found and people say just the other day general washington was seen to smile which as you know is equal to another man's roar of laughter considering the gloom that there has been here about it augurs well for the remainder of the convention tomorrow they are to recess and the general is to go fishing one question that was to be uppermost in the minds of the delegates during that 10-day recess was the problem of slavery again as in the declaration of independence there was the strong wish by many abolitionists both north and south to outlaw slavery george mason of virginia said slaves produce the most pernicious effect on manners every master of slaves is born a petty tyrant they bring the judgment of heaven on a country but the rest of the southern states stood firm they felt it was the right of the states not the national government to make laws regarding slavery it became apparent once again that we would not have a central government if the southern states could not keep to themselves the right to keep slaves so there was a compromise the slave trade the importation of slaves would be prohibited after 1808 and there was another compromise while there was no question of citizenship for a slave he was to be counted as three-fifths of a man in the matter of representation which increased the power of the south in congress some northerners argued that if three-fifths of a slave who was considered as property could count on the matter of voting why couldn't the sheep and cattle owned by the northern farmers count the south argued if they were left alone they would solve the problem of slavery themselves the constitution as in the declaration of independence could go no farther than the will of the people [Music] the ten days recess was needed a committee was appointed to organize what they had already decided so they could have some idea of what was left to do one of the big issues had been what kind of a chief executive they would have how much power would they give him again that problem who should have the power did they want a strong executive or a weak one [Music] [Music] [Applause] general washington is to dine here tonight as he has many times this past summer they say the general will be president when that office is finally defined i have heard much talk about the city that they would have him be king indeed a king he shunned such an idea himself as being most abhorrent i hear a group of his admirers plan to pull his carriage through the streets of philadelphia harnessing themselves in place of his horses he heard of their pretty plan and promptly changed his route leaving them much deflated i'm sure such a man would not be king so if those fine gentlemen at assembly hall will have him they cannot catch him with a crown the character and personality of george washington shaped the office of president of the united states long before he ever held that office the delegates here that summer in 1787 could not avoid casting washington in the role of chief executive even as they struggled and wrangled his quiet calm dignity his record of leadership and service his concern now for the american constitution automatically formed the picture of what we wanted in a chief executive as many men who have since filled the office he was a complex man it led our army to victory against the british yet he sincerely hated war he was looked upon as being stiff and dignified yet he was known to have a violent temper that he usually held in check this is the chair washington sat in during the constitutional convention when they had finally finished writing the constitution and were signing it right here ben franklin noticed this carving on the back of the chair he said he often wondered if it was a rising or a setting sun and now as he watched the signing of the constitution he was sure it was a rising sun i am indeed glad this summer has gone i'm sure it will be long remembered for four months some of our most respected citizens gave of their time and substance to fashion this american constitution it is truly a great work i know papaya is not displeased with it he has written a little speech for the last day and if you'll be patient i'd like to read you part of it mr president i confess that there are several parts of the constitution which i do not at present approve but i am not sure i shall never approve them for having lived long i have experienced many instances of being obliged by better information or full consideration to change opinions even on important subjects which i once thought right but found to be otherwise it is therefore that the older i grow the more apt i am to doubt my own judgment and to pay more respect to the judgment of others i consent sir to this constitution because i expect no better and because i am not sure that it is not the best the opinions i have had of its errors i sacrificed to the public good life he's such a modest man and he does so much good [Music] i think we shall have a fine dinner tonight the squab are particularly tender and there's the fresh cider that papa likes so much i must see that it's sitting in a cool place [Music] there was still that important part of our constitution that came the following year the bill of rights the first ten amendments the bill of rights guarantees us freedom of religion speech and the press three of our most basic rights we sometimes take them for granted forgetting that there are still many countries where they do not exist and jenny along with freedom of the press and speech we're also guaranteed the right to peaceable assembly and to petition the government this allows us to criticize our government and our officials we cannot be deprived of life liberty or property without due process of law we also have the right to a speedy trial by jury and there's the often controversial amendment the fifth under its protection we cannot be forced to give testimony that would help to convict us this right prohibits the state from torturing confessions from people there have been many amendments since the bill of rights and there will probably be more for the constitution is a living and viable document it's the law of the land and it speaks for all of us when it says in the preamble we the people of the united states in order to form a more perfect union establish justice ensure domestic tranquility provide for the common defense promote the general welfare and secure the blessings of liberty to ourselves and our posterity to ordain and establish this constitution for the united states of america [Music] hey [Music] this has been a jewels power production in association with abc news and public affairs you