Signing Their Rights Away Read online

  Also by the authors

  Signing Their Lives Away:

  The Fame and Misfortune of the Men Who Signed

  the Declaration of Independence

  Copyright © 2011 by Denise Kiernan and Joseph D’Agnese

  All rights reserved. No part of this book may be reproduced in any form without written permission from the publisher.

  Library of Congress Cataloging in Publication Number: 2011922694

  eISBN: 978-1-59474-531-7

  Design by Katie Hatz

  Illustrations by Robert Carter

  e-book production management by Melissa Jacobson

  Quirk Books

  215 Church Street

  Philadelphia, PA 19106

  quirkbooks.com

  v3.1

  Contents

  Cover

  Other Books by This Author

  Title Page

  Copyright

  Introduction

  A Constitutional Cheat Sheet

  A Constitutional Time Line

  I. New Hampshire

  John Langdon: The Signer who Picked up the Tab

  Nicholas Gilman: The Most Handsome Signer

  II. Massachusetts

  Nathaniel Gorham: The Signer who Considered a Monarchy

  Rufus King: The Signer who Always Ran (and Never Won)

  III. Connecticut

  William Samuel Johnson: The Signer who Lived the Longest

  Roger Sherman: The Signer who Knew How to Compromise

  IV. New York

  Alexander Hamilton: The Signer Who Died in a Duel

  V. New Jersey

  William Livingston: The Signer-Poet

  David Brearley: The Signer Who Proposed Erasing State Boundaries and Starting Over

  William Paterson: The Son of a Door-to-Door Salesman

  Jonathan Dayton: The Signer Who Stole $18,000 from Congress

  VI. Pennsylvania

  Benjamin Franklin: The Signer Known throughout the World

  Thomas Mifflin: The Signer Who Was Ruined by Drink

  Robert Morris: The Signer Who Went to Debtors’ Prison

  George Clymer: The Signer Whose Home Was Destroyed by the British

  Thomas FitzSimons: The Signer Who Loaned Away His Fortune (and Never Got It Back)

  Jared Ingersoll: The Signer Who Couldn’t Keep Up with Fashion

  James Wilson: The Signer-Turned-Fugitive

  Gouverneur Morris: The Playboy with the Wooden Leg

  VII. Delaware

  George Read: The Signer Who Signed Twice

  Gunning Bedford Jr.: The Signer Who Trusted No One

  John Dickinson: The Signer Who Never Signed

  Richard Bassett: The Signer Who Overcame Religious Discrimination

  Jacob Broom: The Invisible Signer

  VIII. Maryland

  James McHenry: The Signer Immortalized by the Star-Spangled Banner

  Daniel of St Thomas Jenifer: The Signer with the Mysterious Middle Name

  Daniel Carroll: The Signer Who Helped Create Washington, D.C.

  IX. Virginia

  George Washington: The President of the Constitutional Convention

  John Blair: The Underachieving Signer

  James Madison Jr: The Father of the Constitution

  X. North Carolina

  William Blount: The Signer Who … Oh, There’s No Way to Dance around the Issue, This Guy Was a Crook

  Richard Dobbs Spaight: The Other Signer Who Died in a Duel

  Hugh Williamson: The Signer Who Believed in Aliens

  XI. South Carolina

  John Rutledge: The Signer Who Attempted Suicide

  Charles Cotesworth Pinckney: The Signer Who Wouldn’t Bribe the French

  Charles Pinckney: The Ghost Writer of the Constitution?

  Pierce Butler: The Signer Who Turned Coat on the King

  XII. Georgia

  William Few: The Signer Who Lived the American Dream

  Abraham Baldwin: The Signer Who Pinched Pennies

  Appendix I.

  The U.S. Constitution

  Text of the U.S. Constitution

  Text of the Bill of Rights

  Additional Amendments

  Appendix II.

  A Constitutional Miscellany

  Preserving the Constitution

  The Penman of the Constitution

  William Jackson: The Fortieth Signer

  Will the Real Constitution Printer Please Stand Up?

  Who Signed the Bill of Rights?

  By the Numbers

  They Came, They Saw, They Didn’t Sign

  Immigrant Signers

  Selected Bibliography

  Acknowledgments

  Introduction

  Ask any person to name the single most important day in United States history, and they’re likely to answer July 4, 1776. Every year, Americans celebrate the signing of the Declaration of Independence by attending parades and watching fireworks. Most believe that the patriots defeated the British, as though in a football game, and then Americans lived happily ever after in blissful democracy.

  Nothing could be further from the truth.

  When the war ended in 1783, the United States was governed by the Articles of Confederation. This fairly flimsy compact provided for a one-house Congress, one vote per state, and very little else. True, this Congress had a president, but he didn’t derive his power from the people, and he was an intentionally weak figurehead. After all, the last thing the founding fathers wanted was another king.

  Within two years, the fledgling United States was on the verge of political collapse. The federal government had no power to tax people, goods, properties, or businesses. That may sound wonderful until you stop to consider all the consequences: The federal government had no revenue and issued no currency. There was no money for raising troops, building ships, or engaging in other activities vital to a nation’s self-defense. The country was vulnerable to attack and domination by a host of foreign powers. At sea, American vessels were pirated by foreign ships; their cargo and passengers were frequently held for ransom. On land, British and Spanish factions were arming Native Americans and encouraging them to raid American settlements on the edges of the frontier.

  States took matters into their own hands. Nine states had their own naval forces and pursued their own foreign policies. They imposed taxes on goods from other states as though they were dealing with foreign countries. There were no courts to decide disagreements between states. Private banks were issuing their own currency, but their notes were often distrusted and viewed as IOUs that might never be repaid. Doing business with other states was challenging if not impossible. Seesawing cycles of inflation and deflation were destroying lives. Foreclosures skyrocketed, and banks began seizing the homes of poor farmers with unpaid mortgages. Many wealthy landowners feared a bloody class revolution—or an all-out civil war.

  Clearly something had to be done or the nation wouldn’t live long enough to celebrate its eleventh birthday. Alexander Hamilton, James Madison, and a host of other bigwigs proposed a “grand convention” at which delegates would gather to revise, debate, and expand the Articles of Confederation. Seventy-four delegates were chosen by their respective states; only fifty-five answered the call, and many of those with skepticism. Patrick Henry, the famed Virginia rebel, refused to attend, complaining that he “smelt a rat.” Rhode Island sent no representatives at all.

  In May of 1787, the willing participants journeyed to the very same Philadelphia building where the Declaration of Independence had been signed. True, these men had once banded together to fight as brothers against a common enemy, but now they were deeply distrustful of one another. Small states were suspicious of large states. The na
tion was divided over slavery. Every delegate arrived wanting something—but few were willing to sacrifice anything. In such a contentious environment, reaching compromise would be tough. More than a dozen delegates quit and went home before the convention’s end.

  The thirty-nine who remained and signed the U.S. Constitution are the focus of this book. Signing Their Rights Away introduces you to the remarkable historical figures who jettisoned the limp and lifeless Articles of Confederation for a robust and rigorous document that provided the framework for an enduring system of government (at more than 220 years old, the U.S. Constitution is the oldest functioning constitution in the world).

  In the end, these men prioritized the welfare of their country over politics or personal advancement. They fought with great conviction—but they eventually came to understand that no single delegate could walk away with all the marbles. They agreed to compromise for the greater good. Yet, today, despite their heroic labors, most of them have lapsed into obscurity.

  They deserve better—if only because their stories are so interesting. At least twenty-two of the signers served in the military—as soldiers, chaplains, administrative officers—during the Revolutionary War. Five were captured and imprisoned by the British. Many lost homes, property, and loved ones to the war. Two died in duels; one attempted suicide.

  Most were educated, cosmopolitan gentlemen accustomed to a life of wealth and privilege. Eighteen of the signers were trained in law; the remainder were merchants, plantation owners, and financiers. They represented the views, expectations, and entitlements of the nation’s elite. Such men had no problem ignoring the rights of women and slaves when designing their compact for government. Nor were they champions of free white men with meager property. (One signer sought to restrict government service to men with a net worth exceeding $100,000!) Having witnessed intimidation and mob violence at the hands of enemies and patriots alike, many of the signers didn’t trust the American public. The idea of granting power to all individuals was a fairly radical idea. During debates, many signers repeatedly derided the notion that Josiah Q. Public could serve wisely in the House and Senate, or, heaven help us, the presidency.

  But in the end, enough members knew that this attitude did not reflect the principles of the revolution they had just fought. They were gutsy enough to give the “little guy” a shot at power. Anyone could be president, anyone could be senator—even you.

  So the next time September 17 rolls around, eat a hot dog, watch some fireworks, and celebrate Constitution Day—that fateful date in 1787 when thirty-nine sweaty men dressed in stockings signed their names to the United States Constitution. Remember how they argued, hoped, feared, persevered, and, most important, compromised to create a lasting document that still governs today. July 4 may be remembered as the day the United States was born, but September 17 marks the country’s passage into adulthood, laying the groundwork for two centuries of remarkable expansion and spectacular achievements.

  A Constitutional Cheat Sheet

  Here’s a short list of words and phrases you won’t find in the original United States Constitution: God, black, white, women, slavery, all men are created equal, pursuit of happiness, and separation of church and state.

  If that comes as a surprise, it’s probably been a while since you read the actual document. You can rectify this knowledge gap right now: Signing Their Rights Away includes an artistic reproduction of the Constitution on the back of the book jacket, as well as a much more legible transcript beginning on this page. You’ll want to read the entire text before proceeding; it’s hard to think of another 4,400-word document that has more greatly impacted world history.

  The United States Constitution

  vs.

  The Declaration of Independence

  The United States Constitution The Declaration of Independence

  is about 7,500 words long, including all 27 amendments. is about 1,300 words long.

  begins with: We the people. begins with: When in the course of human events.

  governs Americans today and provides for the executive, legislative, and judicial branches of government. separated the colonies from the control of Great Britain.

  is the document that presidents, soldiers, government officials, and new American citizens must swear to uphold and protect. does not govern the American people (though its ideals, notably the concept of “life, liberty, and the pursuit of happiness,” seem quintessentially American).

  was signed by thirty-nine men on September 17, 1787, but was later ratified or accepted by all thirteen states. was signed by fifty-six men beginning on August 2, 1776, and possibly not signed by the last signer until 1781.

  Before we introduce you to the thirty-nine men who signed the U.S. Constitution, we’d like to introduce some of the terms and themes that will be discussed throughout this book. Fair warning: This cheat sheet makes no attempt to tell the full story of the Constitutional Convention; indeed, that job is beyond the scope of this book (though our bibliography recommends several writers who tell this story particularly well). Our focus here is to celebrate the lives of the signers, but you’ll need some of the following information to better understand their achievements.

  At the time of the Constitutional Convention, the United States was governed by the Congress of the Confederation—basically, the congress provided for by the Articles of Confederation. This congress met in New York City, then the nation’s capital.

  The constitutional delegates gathered in Philadelphia’s Independence Hall from May 25, 1787, until September 17, 1787. George Washington (not yet the first U.S. president, of course, but still wildly famous from his role in the Revolutionary War) was elected president of the Convention.

  The most debated topic concerned representation—how the various states would receive a voice in the new congress. Generally, large states favored a proposal called the Virginia Plan, whereas small states preferred the New Jersey Plan, and the resulting logjam nearly brought the entire convention to a stalemate.

  The Virginia Plan proposed that representation in the national legislature would be based on the population of each state—in short, bigger states would get more say. Not surprisingly, this plan was favored by representatives from the most populous states: Virginia, Pennsylvania, and Massachusetts. To a more limited extent, the plan was also embraced by states that hoped to have huge populations in the future, such as North Carolina, South Carolina, and Georgia.

  The New Jersey Plan was backed by smaller states like Delaware and Connecticut; they weren’t willing to sign away the equal voting rights that already existed in Congress. Under this plan, each state in Congress would have exactly one vote, regardless of population or geographic area.

  It’s likely the entire convention might have ended in failure if shoemaker-turned-statesman Roger Sherman hadn’t proposed what historians now call the Great Compromise (also known as the Connecticut Compromise). His solution: The House of Representatives would have proportional representation based on population, and the Senate would consist of two senators from each state. This system is still in use today.

  The second most controversial topic of the convention was slavery. States with large slave populations wanted to include slaves in their total populations (thus increasing their power in the House of Representatives). This idea was ill received by states that had already abolished slavery or were planning or hoping to abolish it. The debate was settled by the Three-Fifths Compromise, which allowed states to count each slave as three-fifths of a person for purposes of congressional representation. And since some delegates were uncomfortable with even the use of the word slave, the document features the more euphemistic phrase “all other persons.”

  Throughout the convention, James Madison took meticulous notes, so we know approximately how many times each delegate spoke (some were more vocal than others). Along the way, there were many committees and subcommittees. The Rules Committee drafted the guidelines that governed the entire convention. The C
ommittee of the Whole was a venue for delegates to let loose and debate topics off the record. The Committee of Detail reviewed all the notes and votes and created a first draft of the Constitution, which the Committee of Style and Arrangement whipped into a final draft. Finally, there were three Committees of Eleven, usually made up of one member from all the states attending; these committees tackled various issues as they arose.

  The cursory nature of this overview might suggest that the signers of the Constitution marched together toward a unanimous and happy consensus. The truth is far more unpleasant. The men squabbled for four months behind locked doors in an unventilated building where temperatures routinely exceeded ninety degrees Fahrenheit. At one point, an angry George Washington wrote that the men trapped with him in the room were nothing but a bunch of “narrow-minded politicians.” (This was meant as an insult; in Washington’s day, gentlemen aspired to be statesmen.)

  Washington wasn’t alone in his frustration. Most signers ended the convention feeling unsatisfied or disappointed. Benjamin Franklin even admitted that the Constitution was far from perfect: “I confess that there are several parts of this constitution which I do not at present approve … but I am not sure I shall never approve them.” It was an impassioned speech, but not enough to convince all forty-two of the remaining delegates; three refused to put their names on the document.

  And once the remaining thirty-nine had signed, the Constitution still needed ratification, or approval, from the states themselves. Nine states were required to put the new government into effect, which would allow for the election of a president and Congress. And so the delegates had to return home and promote the new Constitution to their constituents.

  In many parts of the country, it was a tough sell. Public discussions were sometimes accompanied by violent outbursts. Many Americans feared that an empowered federal government would reinstate the tyranny (and unfair taxation) of their former British rulers—only this time, the tyrants would be much closer to home. To advance their cause, signers Alexander Hamilton, James Madison, and John Jay published a series of eighty-five essays supporting ratification (known collectively as the Federalist Papers).